HomeMy WebLinkAbout03 - Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087)Q �EwPpRT
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CITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
February 14, 2023
Agenda Item No. 3
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
Chelsea Crager, Senior Planner
ccrager@newportbeachca.gov
949-644-3227
TITLE: Ordinance No. 2023-1: Zoning Code Amendment to Change the
Development Limit Specified for Bay Island from 23 Dwelling Units to
25 Maximum Dwelling Units (PA2022-087)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2023-1, to change the
development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling
units. The attached ordinance was introduced and considered at the January 24, 2023, City
Council meeting.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 — Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2023-1, An Ordinance of the City
Council of the City of Newport Beach, California, Approving Zoning Code Amendment
No. CA2022-005 to Change the Development Limit Specified for Bay Island from
23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087).
DISCUSSION:
On November 24, 1997, the City Council approved Use Permit No. UP3618, which created
a development plan that included a maximum of 25 residential units on Bay Island. On July
25, 2006, the City Council approved Resolution No. 2006-76, adopting a comprehensive
General Plan Update, which inadvertently decreased the development limit of Bay Island to
a maximum of 23 residential dwelling units based on the number of dwellings that existed
on the Bay Island at the time. This error was subsequently carried over into the Zoning Code
and Local Coastal Program. On January 24, 2023, the City Council introduced and passed
to a second reading Ordinance No. 2023-1, which changes the development limit
specified for Bay Island from 23 dwelling units to 25 maximum dwelling units to correct
the error.
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Ordinance No. 2023-1: Zoning Code Amendment to Change the Development Limit
Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units
February 14, 2023
Page 2
California Coastal Commission Review (Title 21 Amendments)
In addition to the proposed map corrections in the General Plan and Title 20, corrections
to the map in Title 21 (Local Coastal Program Implementation Plan) and Coastal Land
Use Plan of the Newport Beach Municipal Code will also be needed. Maps included in
Title 21 mirror the Title 20 maps.
On January 24, 2023, the City Council adopted Resolution No. 2023-5 authorizing
submittal of Local Coastal Program (LCP) Amendment No. LC2022-003 changing the
development limit specified for Bay Island to the California Coastal Commission (CCC).
Upon approval of proposed LCP Amendment No. LC2022-003 by the CCC, staff will
return to the City Council with an ordinance adopting LC2022-003. Staff expects to return
to the City Council within the year.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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.
Class 3 exempts the construction of up to three single-family residences. The project
would authorize the future development of up to two additional single-family residences
at Bay Island and therefore qualifies within this exemption. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due to
unusual circumstances, does not damage scenic resources within a state scenic highway,
is not a hazardous waste site, and is not identified as a historical resource.
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. 2023-1
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Attachment A
Ordinance No. 2023-1
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ORDINANCE NO. 2023-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
ZONING CODE AMENDMENT NO. CA2022-005 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein
the density of Bay Island was inadvertently decreased to a maximum of 23 residential
dwelling units based on the number of dwellings that existed on Bay Island at that time;
3-4
Ordinance No. 2023-1
Page 2 of 5
WHEREAS, on October 25, 2010, the City Council adopted a comprehensive
update to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") which inadvertently set the maximum density of Bay Island to 23 residential
dwelling units;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No.
UP3618 ("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units,
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 — An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land
Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the
Coastal Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and
Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this hearing;
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Ordinance No. 2023-1
Page 3of5
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves Zoning Code Amendment No.
CA2022-005 to correct the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units, as depicted in Exhibit "B" which is attached
hereto and incorporated herein. This approval is contingent upon the certification of
Local Coastal Program Amendment No. LC2022-003 by the California Coastal
Commission.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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.
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Ordinance No. 2023-1
Page 4 of 5
Section 4: The City Council finds Zoning Code Amendment No. CA2022-005
is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
Zoning Code Amendment No. CA2022-005 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
Section 5: 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.
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Ordinance No. 2023-1
Page 5 of 5
Section B: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. This ordinance shall take effect upon certification of Local Coastal
Program Amendment No. LC2022-003 by California Coastal Commission, 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 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
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ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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AARO . HARP, CWY ATTORNEY
Attachments: Exhibit A - Bay Island Map
Exhibit B - Zoning Code Amendment No. CA2022-005
Exhibit "A"
Bay Island Map
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