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Home My WebLink About2010-108 - General Plan Amendment No. 2010-008RESOLUTION NO. 2010 -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING OF GENERAL PLAN AMENDMENT NO. GP2010 -008 AFFECTING PUBLIC BEACH AT 1901 -1911 BAYSIDE DRIVE, STATISTICAL AREA F1 (PA2010 -052) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 2. On November 13, 2007, the City Council adopted Resolution No. 2007 -71 approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. 3. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 4. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 5. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on February 10, 2010. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on July 28, 2010, and no requests for consultation were received. A public hearing was held on August 19, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1820 recommending City Council adoption of the subject General Plan Amendment. 8. A public hearing was held on September 14, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project results from the Coastal Commission's review and certification of the City's Coastal Land Use Plan, which is part of a certified regulatory program and is exempt from California Environmental Quality Act pursuant to California Code of Regulations § 15251. The City's action to amend the General Plan to make it consistent with the Coastal Commission's certification of the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. SECTION 3. FINDINGS. The proposed amendments of the Land Use Element of the General Plan are necessary to provide consistency between the Coastal Land Use Plan and the General Plan. General Plan Amendment No. GP2010 -008 affects the public beach portion of the County's Harbor Patrol Site and would change the land use category of the public beach from PF (Public Facilities) to PR (Parks and Recreation). The General Plan does not allow residential use or provide a non - residential floor area limit for the site and the amendment would not provide one. Since this amendment applies a PR designation to a public beach and no change in land use would occur, no increase in traffic or intensity is predicted. Pursuant to Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2010- 008 is classified as a "Minor Amendment" and no vote of the electorate is required. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2010 -008 as shown in Attachment A. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the September 14, 2010, by the following vote to wit: CITY CLERK Selich, Rosansky, Henn, Webb, AYES, COUNCIL MEMBERS Gardner, Daigle, Mayor Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS MAYOR None ATTACHMENT A General Plan Amendment No. GP2010 -008 1901 -1911 Bayside Drive, Statistical Area F1 PR (Parks and Recreation) - Map ID 10 ;j y 10 ,ae�eoeewo�'m =F-1m m `4lP GP 2010 -008 Statistical Area F1 U��4ixr�^�� Harbor Patrol Site Map_ 5_Harbor_Patrol_Site.mxd August/2010 E �gsjry� UPO0P iF �o P CO -G 'C 0 500 1,000 Feet E) 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; that the foregoing resolution, being Resolution No. 2010 -108 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of September, 2010. City Clerk Newport Beach, California (Seal)