HomeMy WebLinkAbout2024-80 - Adopting a Local Coastal Program Amendment to Change the Development Limit Specified in the Coastal Land Use Plan Related to the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068)RESOLUTION NO. 2024-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
LOCAL COASTAL PROGRAM AMENDMENT TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED IN THE
COASTAL LAND USE PLAN RELATED TO THE LIDO
HOUSE HOTEL LOCATED AT 3300 NEWPORT
BOULEVARD AND 475 32ND STREET (PA2020-068)
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 has 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 City of Newport Beach Municipal Code ("NBMC"), whereby the City
assumed coastal development permit -issuing authority on January 30, 2017;
WHEREAS, an application was filed by R.D. Olson Development ("Applicant")
with respect to property located at 3300 Newport Boulevard and 475 32nd Street as
legally described in Exhibit "A," which is attached hereto and incorporated by reference
("Property");
WHEREAS, the City Council approved General Plan Amendment No. GP2012-
002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No.
CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No.
UP2014-004, and Traffic Study No. TS2014-005 on September 9, 2014, for the
development of Lido House Hotel at 3300 Newport Boulevard;
Resolution No. 2024-80
Page 2 of 6
WHEREAS, the Applicant is requesting approval of a 15,103 square -foot
expansion of the Lido House Hotel to add five cottages, 28 private valet parking spaces,
14 public parking spaces, a greenhouse, a walkway, breakout rooms, and rooftop
enclosure, and landscaping and fencing improvements along the perimeter of the
Property ("Project");
WHEREAS, the Project requires the following approvals from the City:
• General Plan Amendment ("GPA") — An amendment to the Land Use Element
of the General Plan to amend Anomaly No. 85 to increase the development
limit to 118,573 gross square feet;
• Local Coastal Program Amendment ("LCPA") — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC and CLUP to
increase the development limit to 118,573 gross square feet;
• Zoning Code Amendment ("ZCA") — An amendment to Title 20 (Planning and
Zoning) of the NBMC to increase the development limit to 118,573 gross
square feet;
• Major Site Development Review Amendments ("SDR") — A SDR to ensure the
changes to the Property are developed in accordance with applicable
development standards ;
• Conditional Use Permit Amendments ("CUP") —A CUP to allow the operational
changes that result from the changed site plan and floorplan and the sale of
alcohol; and
• Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido
House Hotel (SCH#2013111022) ("Addendum No 2") — Addendum No. 2
addresses reasonably foreseeable environmental impacts resulting from the
Project pursuant to the California Environmental Quality Act ("CEQA") as set
forth in Public Resources Code Section 32000 et seq.;
WHEREAS, the Property is designated Visitor Serving Commercial — Lido Village
(CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan")
and located within the Commercial Visitor -Serving -Lido Village (CV-LV) Zoning District;
Resolution No. 2024-80
Page 3 of 6
WHEREAS, the Property is designated Visitor -Serving Commercial -Lido Village
(CV-LV) by the CLUP and located within the Commercial Visitor -Serving - Lido Village
(CV-LV) Coastal Zoning District;
WHEREAS, pursuant to Section 13515 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 July 20, 2022, at least six weeks prior to
the anticipated final action date;
WHEREAS, the Planning Commission held a duly noticed public hearing on July
21, 2022, in the City 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;
WHEREAS, at the hearing, the Planning Commission voted unanimously (7 ayes
— 0 nays) to adopt Planning Commission Resolution No. PC2022-020 recommending
approval of the Project to the City Council;
WHEREAS, the City Council held a duly noticed public hearing on October 25,
2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the Ralph M. Brown Act, Chapters 20.62 and 21.62 (Public Hearings) of
the NBMC, and Section 13515. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing;
WHEREAS, at the hearing, the City Council voted unanimously (6 ayes, 0 nays,
1 recusal) to adopt Resolution No. 2022-76 adopting Addendum No. 2 to the Lido House
Hotel Certified Environmental Impact Report, Resolution No. 2022-77 approving the GPA,
Resolution No. 2022-78 authorizing submittal of the LCPA to the Coastal Commission,
and Resolution No. 2022-79 approving the SDR and CUP, and to introduce Ordinance
No. 2022-22 adopting the ZCA; and
WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-22-0056-1
Part B) on February 8, 2024, as a major amendment with no modifications which, as a
result, became a certified part of Title 21.
Resolution No. 2024-80
Page 4 of 6
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby adopts the LCPA filed as part of PA2020-
068, amending Table 2.1.1-1 and Policy 4.4.2-1 of the Coastal Land Use Plan, as set
forth in Exhibit "B," which is attached hereto and incorporated herein by reference.
Section 2: The LCP, including the LCPA, will be carried out fully in conformity
with the California Coastal Act.
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 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: Pursuant to Section 21166 of the California Public Resources Code
and Section 15162 of the CEQA Guidelines, when an environmental impact report ("EIR")
has been certified for a project, no subsequent EIR is required unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or
more of the following:
a. Substantial changes are proposed in the project which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR due to
the involvement of new significant environmental effects or a substantial increase
in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous
EIR was certified as complete, shows any of the following:
Resolution No. 2024-80
Page 5 of 6
i) The project will have one or more significant effects not discussed in the
previous EIR;
ii) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
iii) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
iv) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative.
On September 9, 2014, the City Council certified the adequacy and completeness of the
Lido House Hotel Final Environmental Impact Report (SCH No. 2013111022) by adopting
Resolution No 2014-80.
In accordance with Section 15164 of the CEQA Guidelines, an addendum to the
previously adopted EIR is the appropriate environmental document for the Project.
Therefore, upon receipt of the prior application for increased floor area for the Lido House
Hotel, the City prepared Addendum No. 1 to the EIR. On July 26, 2016, The City Council
adopted Resolution No. 2016-88 adopting Addendum No. 1. Upon receipt of the current
application for increased floor area for the Lido House Hotel, the City prepared Addendum
No. 2 to the EIR for the Project in accordance with Section 15164 of the CEQA Guidelines.
Addendum No. 2 which was adopted on October 25, 2022, addresses all environmental
impacts associated with the Project. The Coastal Commission's approval of the LCPA
does not result in substantial changes to the Project nor did it uncover new information
that requires additional environmental review; therefore, no additional environmental
review is necessary.
Resolution No. 2024-80
Page 6 of 6
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 12th day of November, 2024.
Will O'Neill
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaroh C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit B — Amendment to the Coastal Land Use Plan
EXHIBIT A
Legal Description
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF
"LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN
BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION
400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN
BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A
POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO.
108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS
MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE
401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE
EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE
HUDSON" 495.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT
CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
OFFICIAL RECORDS.
PARCFI 2-
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S
ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE
14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS
32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE
ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR
DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN
BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00"
WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE
OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST
CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY
LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK
35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY
RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30"
WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE
NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00
FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY
220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A
MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE
SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH
COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK
35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30"
WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY
CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY
RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH
COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'1530" EAST 45.00 FEET TO
THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 5:
LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT
BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
EXHIBIT B
Amendment to Coastal Land Use Plan
Section 1. Amend Table 2.1.1-1 of the Coastal Land Use Plan as follows:
Table
Land Use Category
Use Plan Categories
Uses
Density/Intensity
The CV-LV category is intended to allow for
a range of accommodations (e.g. hotels,
motels, hostels), goods, and services
intended to primarily serve visitors to the
CV-LV
City of Newport Beach. Limited Use
Visitor -Serving
Overnight Visitor Accommodations and
118,573 gross square feet
Commercial —
residences are not allowed. Note: The CV -
Lido Village
LV (Visitor Serving Commercial - Lido
Village) category applies to the former City
Hall Complex that included Fire Station # 2
(3300 Newport Boulevard and 475 32nd
Street).
Section 2. Amend Policy 4.4.2-1 of the Coastal Land Use Plan as follows:
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation
Zone, as graphically depicted on Map 4-3, except for the following sites:
A. Marina Park located at 1600 West Balboa Boulevard: A single, up to
maximum 73-foot- tall faux lighthouse architectural tower, that creates an
iconic landmark for the public to identify the site from land and water as a
boating safety feature, may be allowed. No further exceptions to the height
limit shall be allowed, including but not limited to, exceptions for
architectural features, solar equipment or flag poles. Any architectural
tower that exceeds the 35-foot height limit shall not include floor area above
the 35-foot height limit, but shall house screened communications or
emergency equipment, and shall be sited and designed to reduce adverse
visual impacts and be compatible with the character of the area by among
other things, incorporating a tapered design with a maximum diameter of
34-feet at the base of the tower. Public viewing opportunities shall be
provided above the 35-feet, as feasible. (Resolution 2013-44)
B. Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the
site):
• At least 75% of the total area of the site shall be 35 feet in height or
lower.
• Buildings and structures up to 55 feet in height with the peaks of
sloping roofs and elevator towers up to 60 feet in height, provided it
is demonstrated that development does not adversely impact public
views.
• Architectural features such as domes, towers, cupolas, spires, and
similar structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural
features, shall not occupy more than 25 percent of the total area of
the site.
• Buildings and structures over 45 feet in height, architectural features,
shall not occupy more than 15 percent of the total area of the site.
• All buildings and structures over 35 feet in height, including
architectural features, shall be setback a minimum of 60 feet from
the Newport Boulevard right-of-way and 70 feet from the 32nd Street
right-of-way.
• The purpose of allowing limited exceptions to the 35-foot height limit
on this site is to promote vertical clustering resulting in increased
publicly accessible on -site open space and architectural diversity
while protecting existing coastal views and providing new coastal
view opportunities. (Resolution 2016-29)
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. 2024-80 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of November, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Erik Weigand
NAYS: None
RECUSED: Councilmember Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 13th day of November, 2024.
c
Leilani I. Brown
City Clerk
Newport Beach, California