HomeMy WebLinkAbout17 - LCP Amendment for the Lido House Hotel Floor Area Expansion�EWPR CITY OF
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- z NEWPORT BEACH
<,FoR�P City Council Staff Report
April 11, 2017
Agenda Item No. 17
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,
icam pbell(a�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 Local Coastal Program Amendment No. 2016-001 for the Lido House Hotel
expansion project that includes suggested modifications by the California Coastal
Commission.
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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2017-9, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the
California Coastal Commission Related to the CV -LV Coastal Zoning District for the
Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street
(PA2016-061), and pass on to a second reading on April 25, 2017; and
d) Adopt Resolution No. 2017-25, A Resolution of the City Council of the City of Newport
Beach, California, Forwarding Ordinance No. 2017-9 to California Coastal
Commission for a Determination of Adequacy to Implement Local Coastal Program
Amendment LCP-5-NPB-17-0010-1 as Modified by the Coastal Commission
(PA2016-061).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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LCP Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061)
April 11, 2017
Page 2
DISCUSSION:
On November 22, 2016, the City Council adopted Ordinance No. 2016-20 amending the
City's Local Coastal Program (LCP) Implementation Plan to increase the maximum
allowed development of the CV -LV coastal zoning district for the Lido House Hotel by
4,745 square feet. On January 24, 2017, the City Council conducted a noticed public
hearing and adopted Resolution No. 2017-008 authorizing the submission of the LCP
amendment to the California Coastal Commission for consideration.
On March 8, 2017, the California Coastal Commission approved the LCP amendment
with suggested modifications (Attachment C). The change adds a footnote to Section
21.20.030 in Table 21.20-2 that reflects the increased floor area for the hotel as requested
and it restates existing provisions within the Coastal Land Use Plan. Specifically, the note
(8) that would apply only to the CV -LV zone and would read as follows: "103,470 gross
square feet not include the fire station. A fire station may not occupy more than 10% of
the total project site." The provisions related to the fire station were included by the
Coastal Commission and accepted by the City when the Lido House Hotel entitlements
were finalized in 2015.
With the adoption of the recommended ordinance and resolution, staff will transmit them
to Coastal Commission staff for final review and a subsequent determination by the
Coastal Commission Executive Director of their adequacy. Once the Coastal Commission
acknowledges the Executive Director's determination, the amendment process will be
concluded.
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 the Addendum 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 a 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).
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LCP Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061)
April 11, 2017
Page 3
ATTACHMENTS:
Attachment A —
Draft Ordinance
Attachment B —
Draft Resolution
Attachment C
— Letter from California Coastal Commission Dated March 17, 2017
17-3
Attachment A
Draft Ordinance
17-4
ORDINANCE NO. 2017-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2016-001 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
RELATED TO THE CV -LV COASTAL ZONING DISTRICT
FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT
3300 NEWPORT BOULEVARD AND 475 32ND STREET
(PA2016-061)
WHEREAS, on November 22, 2016, the City Council adopted Ordinance No.
2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan
[Newport Beach Municipal Code (NBMC) Title 21] to increase the maximum allowed
development of the CV -LV coastal zoning district by 4,745 square feet consistent with a
previously approved Coastal Land Use Plan Amendment (LC2016-001);
WHEREAS, on January 24, 2017, the City Council conducted a noticed public
hearing and adopted Resolution No. 2017-008 authorizing the submission of Local
Coastal Program Amendment No. LC2016-001 to the California Coastal Commission for
consideration;
WHEREAS, on March 8, 2017, at their regular meeting in Ventura California, the
California Coastal Commission certified LC2016-001 (LCP-5-NPB-16-0039-1 and LCP-
5-NPB-17-0010-1), with suggested modifications to the draft LCP Implementation Plan
amendment (LC P-5-NPBA 7-0010-1) as consistent with the Coastal Act;
WHEREAS, on April 11, 2017, the City Council held a public hearing in the City
Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to
consider the certified amendment as modified; and
WHEREAS, 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 ordains as
follows:
Section 1: The LCP Implementation Plan, NBMC Section 21.20.030
(Commercial Coastal Zoning Districts General Development Standards), is hereby
amended, in part, to revise a single row in Table 21.20-2 to increase the maximum
allowed development within the CV -LV coastal zoning district and to add note 8. All other
17-5
Ordinance No. 2017 -
Page 2 of _
provisions in NBMC Section 21.20.030 and Table 21.20-2 including notes shall remain
unchanged.
TABLE 21.20-2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
CC
CG
CM
CN
CV
CV -LV
OG
Additional Requirements
Feature
Floor Area Ratio or
Maximum Limit
0.75
0.75
0.50
0.30
1.50
103,470 sf (8)
1.30
(2) (3) (4)
Notes:
(8) 103,470 gross square feet not including a fire station. A fire station may not
occupy more than 10% of the total project site.
Section 2: The Local Coastal Program Implementation Plan, Coastal Zoning
Map established by NBMC Section 21.14.010 is hereby amended to add the following
note to the CV -LV coastal zoning district as follows and shown on Exhibit A:
"CV -LV: 103,470 gross square feet not including a fire station. A fire station may
not occupy more than 10% of the total project site."
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance. .
Section 4: The LCP Amendment established by this ordinance is intended to be
carried out in a manner fully in conformity with the Coastal Act and the City's certified
LCP.
Section 5: The LCP Amendment established by this ordinance shall take effect
automatically upon a determination by the California Coastal Commission or the
Executive Director that this ordinance is legally adequate to accept and adopt the
suggested modifications as certified by the Coastal Commission on March 8, 2017.
Section 6: 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.
17-6
Ordinance No. 2017 -
Page 3 of
Section 7: The requirement for environmental review under 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 8: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the LCP and NBMC shall remain
unchanged and shall be in full force and effect.
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 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 day of , 20_, and adopted on the day
of , 20_, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Kevin Muldoon, MAYOR
17-7
Ordinance No. 2017 -
Page 4 of
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATT OFFICE
AARON C. P, CITY ATTORNEY
Attachment: Updated Coastal Zoning Map
17-8
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17-
Attachment B
Draft Resolution
17-10
RESOLUTION NO. 2017-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FORWARDING
ORDINANCE NO. 2017- TO CALIFORNIA COASTAL
COMMISSION FOR A DETERMINATION OF ADEQUACY
TO IMPLEMENT LOCAL COASTAL PROGRAM
AMENDMENT LCP-5-NPB-17-0010-1 AS MODIFIED BY
THE COASTAL COMMISSION (PA2016-061)
WHEREAS, on November 22, 2016, the City Council adopted Ordinance
No. 2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan
(Newport Beach Municipal Code (NBMC) Title 21] to increase the maximum allowed
development of the CV -LV coastal zoning district by 4,745 square feet consistent with a
previously approved Coastal Land Use Plan Amendment (LC2016-001);
WHEREAS, on January 24, 2017, the City Council conducted a noticed public
hearing and adopted Resolution No. 2017-008 authorizing the submission of Local
Coastal Program Amendment No. LC2016-001 to the California Coastal Commission for
consideration;
WHEREAS, on March 8, 2017, at their regular meeting in Ventura California, the
California Coastal Commission certified LC2016-001 (LCP-5-NPB-16-0039-1 and LCP-
5-NPB-17-0010-1), with suggested modifications to the draft LCP Implementation Plan
amendment (LCP-5-NPB-17-0010-1) as consistent with the Coastal Act; and
WHEREAS, on April 11, 2017, the City Council conducted a noticed public hearing
and adopted Ordinance No. 2017- 9 accepting and adopting the Coastal Commission's
suggested modifications to LCP-5-NPB-17-0010-1.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council of the City of Newport Beach, California, hereby
acknowledges receipt of the California Coastal Commission's resolution of certification,
including the suggested modifications required for final certification of LCP-5-NPB-17-
0010-1 and accepts and agrees to the suggested modifications.
Section 2: The City Council hereby authorizes City staff to submit this ordinance
for determination by the Executive Director of the California Coastal Commission that this
action and the adoption of Ordinance No. 2017- 9 is legally adequate to for final
certification of LCP-5-NPB-17-0010-1 as set forth in the California Coastal Commission's
action on March 8, 2017.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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
17-11
Resolution No. 2017 -
Page 2 of
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 or phrases be declared invalid or unconstitutional.
Section 5: The requirement for environmental review under the California
Environmental Quality Act (CEQA) is satisfied by the City Council's previous certification
of the Lido House Hotel final EIR (SCH#2018111022) (Resolution No. 2014-80) and
adoption of Addendum 1 (Resolution No. 2018-88) 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 6: 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 day of , 20_.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATT Y'S OFFICE
Aaron arp
City Attorney
17-12
Attachment C
Letter from California Coastal Commission
dated March 17, 2017
17-13
��o�tv�o err.
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY COMMUNITY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION MAS 11
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, A 90802-4302
(562) 5590-5071 ' p�VELOPM6h1T �7��
LST r 1 March 15, 2017
OP Ns;WPoP`
Kimberly Brandt AICP, Community Development Director
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Local Coastal Program (LCP) Amendment Nos. 1-16 and 1-17
(LCP-5-NPB-16-0039-1 & LCP-5-NPB-17-0010-1), Lido House Hotel Project
Dear Ms. Brandt,
You are hereby notified that the California Coastal Commission, at its March 8, 2017 meeting in
Ventura, approved City of Newport Beach LCP Amendment Nos. 1-16. and 1-17. LCPA No. 1-
16 was approved as submitted, and LCPA No. 1-17 was approved with suggested modifications.
LCPA No. 1-16, the amendment to the Coastal Land Use Plan (CLUP), amends Table 2.1.1-1
(Land Use Plan Categories).to increase the density/intensity cap for the CV -LV land use
designation from 98,725 gross square feet to 103,470 gross square feet (not including a fire
station) in order to allow an increase in the square footage of a hotel project located at 3300
Newport Boulevard and 475 32nd Street.
LCPA No. 1-17, the amendment to the LCP Implementation Plan (IP), changes the development
standards for Commercial Coastal Zoning Districts set forth in Table 21.20-2 to increase the Floor
Area Maximum limit for the CV -LV zone from 98,725 to 103,470 gross square feet. The
Commission's suggested modifications add a note to clarify that the 103,470 gross square foot
limit does not apply to a fire station in the zone, and that a fire station may not occupy more than
10% of the total project site. Also, the Coastal Zoning Map must be updated to reflect the
approved change. The Commission's suggested modifications are attached as Attachment A.
Therefore, pursuant to the Commission's action on March 8, 2017, certification of the City of
Newport Beach LCPA No. 1-17 is subject to the City's acceptance of the attached suggested
modifications (Attachment A). LCPA No. 1-17 will not be effective for implementation in the
City's coastal zone until: 1) the Newport Beach City Council adopts the Commission's suggested
modifications, 2) the City Council forwards the adopted suggested modifications to the
Commission by resolution, 3) the Executive Director certifies that the City has complied with the
Commission's March 8, 2017 action, and, 4) the Commission concurs with the Executive
Director's determination that the action by the City Council adopting the suggested
modifications is legally adequate, Please note that the Coastal Act requires that the City's
adoption of the suggested modifications be completed within six months of the Commission's
March 8, 2017 action.
Thank you for your cooperation and we look forward to working with you and your staff in the
future. Please contact Amber Dobson or myself if you have any questions regarding the
modifications required for effective certification of City of Newport Beach LCPA No.1-17.
Sincerely
Charles R. Posner
Supervisor of Planning
cc. James Campbell, Principal Planner
97-94
ATTACHMENT A
Certification of LCPA No. 1-17 is subject to the following modifications. Text added by the
suggested modification is identified by bold and underlined text. Only those specific sections
of the LCP Implementing Ordinances for which modifications are being suggested are shown
below.
Table 21.20-2 — Development Standards for Commercial Coastal Zoning Districts
TABLE.21.20.2
DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS
Development
Adtlitionai
Feature
CC
CG
CM
CN
CV
CV -LV
OG
Requirements.
Floor Area Ratio or
Maximum Limit
(2)(3)(4)
0.75
0.75
0.5
0.3
1.50
103,470 sf u
1.30
Notes;
(1) All development and the subdivision of land shall comply with the requirements of
Section 21,30.025 (Coastal Zone Subdivisions).
(2) In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal 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.
(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) The specific floor area limitations for each coastal zoning district are identified on the
Coastal Zoning Map.
(5) Setbacks to 32nd Street do not apply to Fire Station No. 2.
(6) Architectural features such as domes, towers, cupolas, spires, and similar structures
may be up to 65 feet in height.
(7) 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.
(8) 103,470 gross square feet not including a fire station. A fire station may not
occupy more than 10% of the total project site.
Coastal Zoning Map — Add a note on the Coastal Zoning Map for CV -LV: 103,470 gross
square feet not including a fire station. A fire station may not occupy more than 10% of the
total project site.
Page 1 of 1
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