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Home My WebLink About03 - Newport Banning Ranch - Set Aside and Vacate All Project Approvals�EwaoRT CITY OF z NEWPORT BEACH <,FoaN'P City Council Staff Report November 28, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager, PAlford@newportbeachca.gov PHONE: 949-644-3235 TITLE: Newport Banning Ranch — Set Aside and Vacate All Project Approvals ABSTRACT: The repeal of all City approvals for the 401 -acre Newport Banning Ranch Planned Community Project. RECOMMENDATION: a) Determine that 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 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. In addition, determine that this action is not a project under CEQA because it is a ministerial action. (Pub. Resources Code, § 21080, subd. (b)(1).); and b) Introduce Ordinance No. 2017-17, An Ordinance of the City Council of the City of Newport Beach, California, Repealing All Approvals for the Newport Banning Ranch Planned Community Project (PA2008-114); and pass to second reading on December 12, 2017. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On July 23, 2012, the City Council approved the 401 -acre Newport Banning Ranch Planned Community. The approvals included certification of an environmental impact report and approval of the following items: 3-1 Newport Banning Ranch — Set Aside and Vacate All Project Approvals November 28, 2017 Page 2 • General Plan Amendment No. GP2008-008. An amendment to the Circulation Element of the General Plan to delete the planned segment of 15th Street west of Bluff Road. • Code Amendment No. CA2008-004. A code amendment to rezone the portion of the project site currently within the incorporated boundary of the City from Planned Community (PC -25) to Planned Community (PC -57) and prezone those portions of the project site located within the City's Sphere of Influence from County zoning to PC -57. • Planned Community Development Plan No. PC2008-002. A planned community development plan that would establish the allowable land uses, general development regulations, and implementation and administrative procedures, which would serve as zoning for the project site. • Master Development Plan No. MP2008-001. A plan to establish detailed design criteria for each land use component to guide the review of subsequent development approvals. • Tentative Tract Map No. NT2008-003. A tentative tract map to establish lots for public dedication or conveyance, lots for residential development and conveyance to homebuyers, and lots for financing and conveyance. • Development Agreement No. DA2008-003. A Development Agreement between the applicant and the City describing development rights and public benefits. • Affordable Housing Implementation Plan No. AH2008-001. A program specifying how the proposed project would meet the City's affordable housing requirements. • Traffic Study No. TS2008-002. A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance). With the exception of the certification of the environmental impact report and the development agreement, all other project approvals were not to become effective until the following occurred: 1. The California Coastal Commission approves a coastal development permit for the project; 2. The Orange County Transportation Authority Board of Directors approves the associated amendment to the Master Plan of Arterial Highways and subsequent action is taken to adopt the amendment by the City Council; and 3. The effective date of the annexation to the City of those portions of the project site currently under the jurisdiction of the County. 3-2 Newport Banning Ranch — Set Aside and Vacate All Project Approvals November 28, 2017 Page 3 On February 9, 2017, the California Coastal Commission formally denied the project's coastal development permit application. The Banning Ranch Conservancy opposed the project and sought a writ of mandate to set aside the approval. Following the Supreme Court of California's decision in Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918, and as directed by the Fourth District Court of Appeal, the Superior Court ordered, adjudged, and decreed that the City Council vacate all approvals relating to the project. The attached, proposed ordinance is designed to comply with the writ of mandate issued pursuant to the superior court's order. If the Council approves the proposed ordinance, City staff will file a "return" with the court stating that the City has complied with the writ. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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 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 City Council finds that the adoption of this ordinance is not subject to CEQA because it is a ministerial action that is required in order to comply with the writ issued by the Superior Court. (Pub. Resources Code, § 21080, subd. (b)(1).) 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 — Draft Ordinance 3-3 Attachment A Draft Ordinance M ORDINANCE NO. 2017-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING ALL APPROVALS FOR THE NEWPORT BANNING RANCH PLANNED COMMUNITY PROJECT (PA2008-114) WHEREAS, an application was filed by Newport Banning Ranch, LLC, with respect to a 401 -gross -acre property generally located north of West Coast Highway, south of 19th Street, and east of the Santa Ana River, requesting approval of a planned community for development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of commercial uses, approximately 51.4 gross acres of parklands, and the preservation of approximately 252.3 gross acres of permanent open space ("Project"); WHEREAS, approximately 40 acres of the Project is located in the City of Newport Beach ("City"), and approximately 361 acres of the Project is located under the jurisdiction of the County of Orange and within the City's Sphere of Influence, as approved by the Local Agency Formation Commission of Orange County (LAFCO); WHEREAS, a public hearing was held on July 23, 2012, in the Council Chambers located at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, on July 23, 2012, the City Council adopted resolutions certifying an environmental impact report (SCH NO. 2009031061) and approving Findings and Facts in Support of Findings and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; approving General Plan Amendment No. GP2008-008; and approving Master Development Plan No. MP2008-001, Tentative Tract Map No. NT2008-003, and Affordable Housing Implementation Plan No. AH2O08-001, and Traffic Study No. TS2008-002; WHEREAS, on August 14, 2012, the City Council adopted ordinances approving Planned Community Development Plan No. PC2008-002, Code Amendment No. CA2008- 004, Planned Community (PC -57) pre -zoning, and Development Agreement No. DA2008- 003; WHEREAS, with the exception of the certification of the environmental impact report and the development agreement, all other Project approvals were not to become effective until the following occurred: 1. The California Coastal Commission approves a coastal development permit for the Project; 3-5 Ordinance No. 2017 - Page 2 of 4 2. The Orange County Transportation Authority Board of Directors approves the associated amendment to the Master Plan of Arterial Highways and subsequent action is taken to adopt the amendment by the City Council; and 3. The effective date of the annexation to the City of those portions of the Project site currently under the jurisdiction of the County. WHEREAS, following the City Council's approvals for the Project a writ of mandate was filed to set aside the approvals; WHEREAS, on February 9, 2017, the California Coastal Commission formally denied the Project's coastal development permit application; and WHEREAS, following the Supreme Court of California's decision in Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.51" 918, and as directed by the Fourth District Court of Appeal, the Superior Court ordered, adjudged, and decreed that the City Council vacate all approvals relating to the Project. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows.. Section 1: The City Council hereby repeals, in its entirety, Resolution No. 2012- 58, A Resolution of the City Council of the City of Newport Beach Certifying the Final Environmental impact Report (SCH No. 2009031061) for General Plan Amendment No. GP2008-008, Code Amendment No. CA2008-004, Planned Community Development Plan No. PC2008-002, Master Development Plan No. MP2008-001, Tentative Tract Map No. NT2008-003, Development Agreement No. DA2008-003, Affordable Housing Implementation Plan No. AH2O08-001, And Traffic Study No. TS2008-002 for the Newport Banning Ranch Project in Accordance the California Environmental Quality Act and State and Local Guidelines and Making Certain Findings and Determinations Thereto. Section 2: The City Council hereby repeals, in its entirety, Resolution No. 2012- 59, A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2008-008 to Amend the Circulation Element to Delete the Planned Segment of 15th Street West of Bluff Road and Adopting a Statement of Overriding Considerations. Section 3: The City Council hereby repeals, in its entirety, Resolution No. 2012- 60, A Resolution of the City Council of the City of Newport Beach Approving Master Development Plan No. MP2008-0001, Tentative Tract Map No. NT2008-003, Affordable Housing Implementation Plan No. AH2O08-001, Findings and Statement of Overriding Considerations, and Traffic Study No. TS2008-002 for a 401 -Gross -Acre Planned Community Located at Banning Ranch (PA2008-114). 3-6 Ordinance No. 2017 - Page 3 of 4 Section 4: The City Council hereby repeals, in its entirety, Ordinance No.2012- 16, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2008-004 to Rezone the Portion of Newport Banning Ranch Site Currently Within the Incorporated Boundary of the City from Planned Community PC -25 to Planned Community PC -57 and Prezone Those Portions of the Site Located Within the City's Sphere of Influence from County Zoning to PC -57 and Approving Planned Community Development Plan No. PC2008-002 for the Project Site. Section 5: The City Council hereby repeals, in its entirety, Ordinance No. 2012- 17, An Ordinance of the City Council of the City of Newport Beach Approving Development Agreement No. DA2008-003 for Newport Banning Ranch Located at 5200 West Coast Highway (PA2008-994). Section 6: The recitals provided in this ordinance are true and correct and are incorporated into the operative part of this ordinance. Section 7: The City Council finds the introduction and adoption of this ordinance 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 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 City Council finds that the adoption of this resolution is not subject to CEQA because it is a ministerial action that is required in order to comply with the writ issued by the Superior Court. (Pub. Resources Code, § 21080, subd. (b)). 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, 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 9: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 10: 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. 3-7 Ordinance No. 2017 - Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of November 2017, and adopted on the 12th day of December, 2017, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNENCS OFFICE (rr AARON C. HART', CITY ATTORNEY 3-8