The URL can be used to link to this page

Home My WebLink About2024-77 - Adopting a Local Coastal Program Amendment as Approved by the California Coastal Commission to Change the Development Limit Specified in the Coastal Land Use Plan (CLUP) For Bay Island From 23 Dwelling Units to a Maximum of 25 Dwelling Units (PARESOLUTION NO. 2024-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A LOCAL COASTAL PROGRAM AMENDMENT AS APPROVED BY THE CALIFORNIA COASTAL COMMISSION TO CHANGE THE DEVELOPMENT LIMIT SPECIFIED IN THE COASTAL LAND USE PLAN (CLUP) FOR BAY ISLAND FROM 23 DWELLING UNITS TO A MAXIMUM OF 25 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, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP") in 2005, which was been amended from time to time; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, which the City added as Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC"), whereby the City assumed coastal development permit -issuing authority on January 30, 20171 WHEREAS, an application was filed by Bay Island Club, Inc. ("Applicant") on April 20, 2022, 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 the Newport Harbor that is currently developed with 23 single -unit dwellings, 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; Resolution No. 2024-77 Page 2 of 5 WHEREAS, the City Council approved Use Permit No. UP3618 on November 24, 1997, 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 -unit 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 -unit detached character of Bay Island; WHEREAS, the City Council approved Resolution No. 2006-76 on July 25, 2006, adopting a comprehensive 2006 General Plan Update wherein the density of Bay Island inadvertently identified a maximum of 23 dwelling units based on the number of dwellings units that existed on Bay Island at that time; WHEREAS, the City Council adopted Ordinance No. 2016-19 on November 22, 2016, adding Title 21 to the NBMC; WHEREAS, Ordinance No. 2016-19 mirrored the 2006 General Plan Update development limits and, as such, inadvertently identified a maximum of 23 dwelling units on Bay Island, WHEREAS, the Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 dwelling units to 25 dwelling units, consistent with Use Permit No. UP3618 ("Project"); WHEREAS, the following approvals were required from the City to implement the Project: • General Plan Amendment ("GPA") — 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 a maximum of 25 dwelling units; • Zoning Code Amendment ("ZCA") — 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 a maximum of 25 dwelling units; and • Local Coastal Program Amendment ("LCPA") — An amendment to Title 21 and CLUP to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units; Resolution No. 2024-77 Page 3 of 5 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 is Multiple Residential (RM); WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCPA were made available and a Notice of Availability was distributed on August 25, 2022, at least six weeks prior to the anticipated final action date; 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 the 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; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2022-023 by a majority vote (6 ayes, 1 absent) recommending the City Council approve the Project; 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, Section 13515, 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; WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-5 authorizing the submittal of LCPA to amend Title 21 changing the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units; and Resolution No. 2024-77 Page 4 of 5 WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-0019- 1 Part B) on July 11, 2024, as a major amendment with no modifications, and as a result, is deemed approved and became a certified part of Title 21. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the LCPA (PA2022-087) amending the CLUP to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units, as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 2: The LCP, including this LCPA, shall be carried out in full conformance with the California Coastal Act. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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 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 City Council finds the introduction and adoption of this ordinance 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. Local Coastal Program Amendment No. LC2022-003 would authorize the future development of up to two additional single -unit dwellings at Bay Island and therefore qualifies within this exemption. Resolution No. 2024-77 Page 5 of 5 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 22nd day of October, 2024. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aar n C. Harp City Attorney N�'_ORN%A Will O'Neill Mayor Attachments: Exhibit A — Bay Island Map Exhibit B — Local Coastal Program Amendment No. LC2022-003 Amending the Coastal Land Use Plan GJ� Bay Island �. PA2022-087 EXHIBIT _, NNBG�S City of Newport Beach GIS Division September 29, 2022 RM-C e o 70 ,4o -- Feel N!"...1427-ftwaftl- j Flail Local Coastal Program Amendment No. LC2022-003 (CLOP) Bay Island PA2022-087 EXHIBIT B (4M NBF N E W PORT B E A C H City of Newport Beach GIS Division December 01, 2022 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the Foregoing resolution, being Resolution No. 2024-77 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22" dAay:of October, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Erik Weigand NAYS: None ABSENT: Mayor Pro Tern Joe Stapleton, Councilmember Lauren Kleiman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of October, 2024. ..ITO,/ . .!� Me 0 � � LeiTani I: Brown ' City Clerk Newport Beach, California