HomeMy WebLinkAbout16 - Marina Park CLUP AmendmentCITY OF
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City Council Staff Report Agenda Item No. 16
May 28, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644- 3226,kbrandt @newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Manager
APPROVED: 0,
TITLE: Marina Park Coastal Land Use Plan Amendment No. LC2012 -002
1600 West Balboa Boulevard
ABSTRACT:
Amendment of Coastal Land Use Plan (CLUP) Policy No. 4.4.2 -1, as modified by the California
Coastal Commission, to allow a 73- foot -tall landmark tower feature depicting a lighthouse
within the City's previously approved Marina Park project to exceed the 35 -foot Shoreline
Height Limitation Zone.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Adopt the attached draft Resolution (Attachment CC -1) that:
a. Finds the California Environmental Quality Act ( "CEQA ") to be satisfied by the May 11,
2010, City Council certification of the Marina Park Project Environmental Impact Report
(EIR) (SCH # 2008051096) in compliance with the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K -3; and
b. Approves Coastal Land Use Plan Amendment No. LC2012 -002, as modified by the
California Coastal Commission.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
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Marina Park CLUP Amendment (PA2012 -079)
May 28, 2013
Page 2
DISCUSSION:
Background
On May 11, 2010, the City Council approved the concept plan for the Marina Park project,
which included a 71- foot -high lighthouse feature on the Sailing Center Building.
In June 13, 2012, the California Coastal Commission approved a coastal development permit
for the Marina Park project. However, the Coastal Commission limited the proposed 71 -foot-
high lighthouse feature on the Sailing Center Building to 35 feet in the belief that this feature
did not comply with the City's 35 -foot Shoreline Height Limitation Zone reflected in CLUP
Policy 4.4.2 -1. The Commission also indicated that they would be receptive to allowing the
lighthouse feature through a policy exception limited to Marina Park, so as to avoid a
precedent for future increases in height.
On September 11, 2012, the City Council considered and approved the amendment to CLUP
Policy 4.4.2 -1, with the provision that should the Coastal Commission approve a modified
amendment, a separate action would be required by the City Council.
On March 6, 2013, the Coastal Commission approved the proposed amendment with a
number of modifications.
On April 9, 2013, the City Council continued the hearing on this item pending the official
transmittal from the Executive Director of the California Coastal Commission as to the final
language of the amendment.
On May 2, 2013, the City received the official transmittal from the Coastal Commission staff
containing the language of the amendment, as modified by the Coastal Commission.
Analysis
The Coastal Commission modifications to the Council- approved amended CLUP Policy 4.4.2 -1
language are depicted in red underline and strikeouts:
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Marina Park CLUP Amendment (PA2012 -079)
May 28, 2013
Page 3
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 site. -:
Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum
73 -foot- tall faux lighthouse architectural tower, that deescreates 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 ^F^ ^t^ AR
^.,drn-ark fer the ^„hl,^ t^ „t^^tify the site frnrn send and ,,ate.-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.
Although the modified amendment language is very specific, it reflects the design elements
that were approved by the City Council and submitted to the Coastal Commission as part of
the Marina Park coastal development permit application.
Next Steps
Should the City Council approve the modified amendment, staff will notify the Coastal
Commission of this action. The Executive Director of the Coastal Commission will then certify
that the City has complied with the Coastal Commission's March 6, 2013 action. Staff will also
submit an application to the Coastal Commission to amend the Marina Park Coastal
Development Permit to include the lighthouse tower at 71 feet.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the requirement for environmental review pursuant to
CEQA satisfied by the Marina Park Project EIR (SCH # 2008051096) that was certified by the
City Council in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-
3 on May 11, 2010. The architectural tower was evaluated in the EIR at 73 feet high, therefore
no further environmental analysis is required. Copies of the Marina Park Project EIR are
available for public review and inspection at the Planning Division or at the City of Newport
Beach website at www.newportbeachca.gov.
NOTICING:
Notice was published in the Daily Pilot and on the City's website, mailed to property owners
within 300 feet of the project site and posted at the site, a minimum of 10 days in advance of
this hearing consistent with the Municipal Code and Public Resources Code Section 30510(a).
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Marina Park CLUP Amendment (PA2012 -079)
May 28, 2013
Page 4
Additionally, the item appeared upon the agenda for this meeting, which was posted at City
Hall and on the City website.
Submitted by:
7 Kimberly Br. , _
Director
Attachment: CC -1 May 2, 2013, letter from Coastal Commission staff
CC -2 Draft Resolution
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Attachment No. CC 1
May 2, 2013, letter from Coastal
Commission staff
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STATE OF CALIFORNIA- THE RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000 -m
Long Beach, CA 90802 -4302
(562) 590 -5071
May 2, 2013
City of Newport Beach
Planning Department
Attn: Patrick Alford, Planning Manager
3300 Newport Boulevard
Newport Beach, CA 92658
Re: City of Newport Beach Coastal Land Use Plan (CLOP) Amendment No. 1 -12.
Dear Mr. Alford:
You are hereby notified that the California Coastal Commission, at its March 6, 2013 meeting
in San Diego, approved City of Newport Beach Coastal Land Use Plan (CLUP) Amendment
No. 1 -12 with suggested modifications. Coastal Land Use Plan (CLUP) Amendment No. 1 -12
was submitted pursuant to City Council Resolution No. 2012 -80. Only the Land Use Plan
portion of the City's Coastal Local Coastal Program has been Certified by the Commission.
Coastal Land Use Plan (CLUP) Amendment No. 1 -12 would. amend Policy 4.4.2 -1 to allow an
exception to the Shoreline Height Limitation Zone at the Marina Park Project site (1600 West
Balboa Boulevard) that was before the Commission at the June 2012 meeting.
The Commission approved the CLUP Amendment with suggested modifications. However,
Resolution No. 2012 -80 from the City of Newport Beach City Council submitted with the
application failed to include required information.
City Council Resolution No. 2012 -80 does not comply with Section 30510 and Section 13518
of Title 14, Division 5.5 of the California Code of Regulations as it fails to contain one (1) of
the three (3) of the necessary language elements:
1) That the CLUP will be carried out fully in conformity with the Coastal Act;
Thus, the Amendment will become final once: 1) the noted issue above is resolved, 2) the
City of Newport Beach City Council adopts the Commission's suggested modifications, 3) the
City of Newport Beach City Council forwards the adopted suggested modifications to the
Commission by Resolution, and, 4) the Executive Director certifies that the City has complied
with the Commission's March 6, 2013 action. The Coastal Act requires that the City's
adoption of the suggested modifications be completed within six (6) months of the
Commission's action.
Pursuant to the Commission's action on March 6, 2013, certification of City of Newport Beach
Coastal Land Use Plan (CLUP) Amendment No. 1 -12 is subject to the attached suggested
modifications (Attachment "A ").
Thank you for your cooperation and we look forward to working with you and your staff in the
future. Please call Fernie Sy or myself at (562) 590 -5071 if you have any questions
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N PB- MAJ -1 -12
Page 2 of 2
regarding the modifications required for effective Certification of City of Newport Beach
Coastal Land Use Plan (CLUP) Amendment No. 1 -12
Sincerely,
Teresa Henry
District Manager
Attachment: Attachment "A" Suggested Modification Language
I
Certification of City of Newport Beach Coastal Land Use Plan (CLUP) Amendment No. 1 -12
is subject to the following modifications.
The non -bold strike - out/underline was the previous staff recommendation, and bold strike-
out/underline are the changes made by the Commission at the March 6, 2013 hearing:
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 site.
Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 7-3 55 -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. that does
No
further exceptions to the height limit shall be allowed, including but not limited to,
exceptions for architectural features, solar equipment or flap 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.
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Attachment No. CC 2
Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL LAND USE PLAN
AMENDMENT NO. LC2012 -002 TO POLICY 4.4.2 -1, AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION IN
RESPECT TO MARINA PARK (PA2012 -079)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On September 11, 2012, the City Council adopted Resolution No. 2012 -80 approving
Coastal Land Use Plan Amendment No. LC2012 -002 to modify Policy 4.4.2 -1 to allow
a faux lighthouse tower architectural feature on the proposed Marina Park located at
1600 West Balboa Boulevard.
2. On March 6, 2013, the California Coastal Commission approved the proposed
amendment with modifications.
3. Resolution No. 2012 -80 provided that should the California Coastal Commission
approve a modified amendment, a separate action would be required by the City
Council, pursuant to Section 13518(b) of Title 14, Division 5.5 of the California Code of
Regulations.
4. The City Council held a public hearing on May 28, 2013, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California. Notices of time, place
and purpose of these meetings were given in accordance with the Newport Beach
Municipal Code and Public Resources Code Section 30510(a). Evidence, both written
and oral, was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096)
was certified to the City Council in compliance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 on May
11, 2010.
2. A 73- foot -high tower element was analyzed in the EIR which concluded that the
potential impact of the project on public views and access would be less than
significant. Therefore, the EIR concluded that the project, including the tower element,
was consistent with the goals and policies of the Coastal Land Use Plan and the
California Coastal Act.
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City Council Resolution No.
Page 2 of 3
SECTION 3. FINDINGS.
1. Amendments to the Coastal Land Use Plan are a legislative act. Neither the City nor
State Planning Law set forth any required findings for either approval or denial of such
amendments.
2. The amendment, as modified by the California Coastal Commission, of the City's
Coastal Land Use Plan will allow for a tower feature to be incorporated into the
previously approved Marina Park Project. The tower, which will depict a lighthouse, is
considered a critical feature of the project in that it provides an iconic element of a
public facility and will assist in wayfinding for the public from land and water.
3. The analysis of the proposed project and architectural tower element demonstrate no
impacts to designated public view sheds or public access. The project analysis
demonstrated the project, including the 73- foot -high tower element, would be in
compliance with the California Coastal Act. In that the subject amendment would only
allow a tower element on the subject site, the amendment is also consistent with the
California Coastal Act.
4. The City's certified Coastal Land Use Plan, including this amendment, shall be
implemented in a manner fully in conformity with the California Coastal Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach hereby approves Coastal Land Use Plan
Amendment No. LC2012 -002, as modified by the California Coastal Commission, to
amend Policy No. 4.4.2 -1 to read as follows (changes are underlined):
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 site:
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.
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City Council Resolution No.
Page 3 of 3
2. The City Council authorizes the Community Development Director to submit this resolution
approving Coastal Land Use Plan Amendment No. LC2012 -002, incorporating the
California Coastal Commission modifications, to the Executive Director of the California
Coastal Commission for certification.
3. This amendment shall not become effective until the Executive Director of the California
Coastal Commission certifies that the City has complied with the March 6, 2013, California
Coastal Commission action, pursuant to Section 13544 of Title 14, Division 5.5 of the
California Code of Regulations.
4. The Coastal Land Use Plan will be carried out fully in conformity with the California Coastal
Act.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on May
28, 2013, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
KEITH D. CURRY, MAYOR
ATTEST:
LEILANI BROWN. CITY CLERK
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