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Home My WebLink About14 - Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061)TO: - CITY OF NEWPORT BEACH City Council Staff Report January 24, 2017 Agenda Item No. 14 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner, jcampbell@newportbeachca.gov PHONE: 949-644-3210 TITLE: Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) ABSTRACT: Adoption of a resolution pursuant to Section 30510(a) of the Coastal Act and Section 13551 of the California Administrative Code of Regulations regarding a Local Coastal Program (LCP) Amendment for the Lido House Hotel to increase the maximum development of the hotel by 4,745 square feet. RECOMMENDATION: a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; and c) Adopt Resolution No. 2017-8, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submission of an Amendment to the Certified Local Coastal Program Regarding an Increase of the Maximum Allowable Floor Area for the Lido House Hotel Project Located at 3300 Newport Boulevard,and 475 32nd Street (PA2016-061). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 14-1 Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061) January 24, 2017 Page 2 DISCUSSION: In September 2014, the City Council authorized a ground lease and entitlements for the Lido House Hotel. The approved 130 -room hotel was limited to 98,725 gross square feet. Subsequently, the California Coastal Commission (CCC) approved the requested amendment of the Coastal Land Use Plan (CLUP) and a Coastal Development Permit. Vicinity Map —" !!-14�f "* -- -?14r 0 knk 4,a_ a» 00 In July of 2016, the City Council approved all necessary entitlements to increase the total gross floor area of the hotel by 4,745 square feet making the hotel 103,470 square feet. The entitlements also included a CLUP amendment (LC2016-001) that was considered and approved after a noticed public hearing by Resolution No 2016-90. The process lacked an amendment of the Implementation Plan that was under review by the Coastal Commission at that time. With the subsequent certification of the City's Local Coastal Program, an amendment of the Implementation Plan (Title 21) was necessary. On December 13, 2016, the City adopted an ordinance approving a matching amendment of the Implementation Plan. Staff submitted the ordinance; however, Coastal Commission staff rejected it because certain procedural steps to amend a certified Local Coastal Program needed to be followed, specifically Coastal Act Section 30510(a) and Section 13551 of the California Administrative Code of Regulations. 14-2 Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061) January 24, 2017 Page 3 Section 30150(a) requires a resolution to be adopted after a public hearing that certifies the local coastal program (or amendment) is intended to be carried out in a manner fully in conformity with the Coastal Act. The original hearing for the companion CLUP amendment held in July of 2016 was deemed inadequate for the subsequent adoption of Ordinance No. 2016-20. The hearing for this agenda item has been noticed in accordance with Chapter 20.62 of the Municipal Code and the Brown Act as described later in this report. The attached draft resolution includes language indicating the City's intent to implement the proposed LCP Amendment in a manner fully in conformity with the Coastal Act. Section 13551 of the California Administrative Code of Regulations requires the LCP amendment to be submitted pursuant to a resolution described above, and the City must specify whether the amendment will take effect automatically upon Commission approval or if it would require formal action by the City after Commission approval. The draft resolution includes language indicating that the LCP amendment would take effect automatically if approved pursuant to Public Resources Code Sections 30512, 30513, and 30519. These sections allow for future City Council consideration of suggested modifications to the LCP Amendment (if any) prior to becoming effective. ENVIRONMENTAL REVIEW: All significant environmental concerns for the proposed project have been addressed in previously certified environmental documents. The City prepared and certified by adoption of Resolution No. 2014-80 an Environmental Impact Report for the Lido House Hotel (SCH#2013111022) on September 9, 2014. Pursuant to CEQA Guidelines §15164, the City prepared and adopted Addendum 1 to the Lido House Hotel Environmental Impact Report for the 4,745 square -foot increase (Resolution No. 2016-88). The analysis provided in Addendum 1 concluded that no new environmental impacts and no impacts of greater severity would result from approval and implementation of the larger hotel project. The subject action authorizes the submission of an LCP Amendment for the 4,745 square -foot increase in floor area for the Lido House Hotel to Coastal Commission for consideration. NOTICING: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 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 Newport Beach Municipal Code Chapter 20.62. Additionally, 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 14-3 Attachment A Draft Resolution 14-4 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN AMENDMENT OF THE CITY'S CERTIFIED LOCAL COASTAL PROGRAM FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016-061) WHEREAS, an application (PA2016-061) was filed by Olson Real Estate Group, Inc. on behalf of Lido House, LLC (Applicant) with respect to property 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 of Newport Beach (Property); WHEREAS, the Applicant requested approval of General Plan Amendment No. GP2016-001, Coastal Land Use Plan Amendment No. LC2016-001, Zoning Code Amendment No. CA2016-003, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 to increase the maximum allowed development of the Lido House Hotel by 4,745 square feet from 98,625 square feet to 103,470 gross square feet (Project); WHEREAS, the Planning Commission held a public hearing on June 23, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the Newport Beach Municipal Code (NBMC). At the conclusion of the hearing, the Planning Commission voted unanimously (7-0) to adopt Planning Commission Resolution No. 2020 recommending adoption of Addendum No. 1 to the Certified Environmental Impact Report prepared by the Lido House Hotel project and approval of the Project; WHEREAS, the City Council held a public hearing to consider PA2016-061 on July 26, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the NBMC; WHEREAS, the City Council subsequently approved the Project by adopting Resolution No. 2016-89, Resolution No. 2016-90, Resolution No. 2016-91, and Ordinance No. 2016-13 thereby increasing the maximum development intensity at the Property as requested in the application. These actions did not amend the draft Local Coastal Program Implementation Plan that was under consideration by the California Coastal Commission; 14-5 Resolution No. 2017 - Page 2 of 3 WHEREAS, on September 8, 2016, the California Coastal Commission approved the City of Newport Beach, Local Coastal Program Implementation Plan (LCP-5-NPB- 15-0039-1) with suggested modifications; WHEREAS, on November 22, 2016, the City Council adopted Ordinance No. 2016-19 accepting the Coastal Commission's suggested modifications to the Newport Beach Local Coastal Program Implementation Plan and adopted NBMC Title 21 (Implementation Plan); WHEREAS, on November 22, 2016, after the adoption of Ordinance No, 2016- 19, the City Council adopted Ordinance No. 2016-20 amending NBMC Title 21 to increase the increase the maximum allowed development of the Lido House Hotel by 4,745 square feet consistent with Coastal Land Use Plan Amendment No. LC2016-001; WHEREAS, on January 13, 2017, the California Coastal Commission accepted the Coastal Commission Executive Director's determination that the City's actions to adopt the modified Implementation Plan by Ordinance No. 2016-19 were legally adequate; WHEREAS, the City desires to submit an amendment of the Certified LCP as provided in Ordinance No. 2016-20 (LCP Amendment) to the Coastal Commission for consideration consistent with Coastal Act Section 30150 and Section 13551 of the California Administrative Code of Regulations; and WHEREAS, on January 24, 2017, the City Council held a public hearing to consider the LCP Amendment, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance NBMC Chapter 20.62. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach hereby authorizes the submittal of Ordinance No. 2016-20 as an amendment of the City's Certified LCP to the California Coastal Commission for consideration. Section 2: The LCP Amendment is intended to be carried out in a manner fully in conformity with the Coastal Act and the City's certified LCP. Section 3: The LCP Amendment shall take effect automatically if the Coastal Commission approves the amendment pursuant to Public Resources Code Sections 30512, 30513, and 30519. 14-6 Resolution No. 2017 - Page 3 of 3 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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, cfause 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 requirement for environmental review Linder the California Environmental Quality Act (CEQA) is satisfied by the City Council's previous certification of the Lido House Hotel final EIR (SCH#2013111022) (Resolution No, 2014-80) and adoption of Addendum 1 (Resolution No. 2016-88) for the 4,745 square foot increase in floor area for the hotel. The findings made by these two Resolutions are incorporated here by reference. Section 7: 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 January, 2017. Kevin Muldoon Mayor ATTEST: Lellani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ICE Aaron C. Harp City Attorney 14-7