HomeMy WebLinkAbout21 - Former City Hall Complex Land Use and Zoning Amendments for the Lido House Hotel Located at 3300 Newport Blvd and 475 32nd StCITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
November 24, 2015
Agenda Item No. 21
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
James Campbell, Principal Planner
949-644-3210, JcampbellC@newportbeachca.gov
TITLE: Former City Hall Complex Land Use and Zoning Amendments for
the Lido House Hotel Located at 3300 Newport Boulevard and 475
32nd Street, and Authorization of Fostering Interest in Nature
Program
ABSTRACT:
Approval of amendments to the General Plan, Coastal Land Use Plan (CLUP) and
Zoning Code for the former City Hall Complex consistent with the California Coastal
Commission's suggested modifications and authorization of a new City program called
Fostering Interest In Nature (FiiN) to address the Coastal Commission's requirement to
mitigate the Lido House Hotel's impact on lower-cost visitor accommodations.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find that all significant environmental concerns for the proposed project have been
addressed in the previously certified Lido House Hotel Final Environmental Impact Report
(SCH#2013111022), and that the changes reflective of the Coastal Commission's
certification of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new
significant effects or a substantial increase in the severity of previously identified
significant effects, and therefore, a subsequent environmental analysis does not need to
be prepared;
C) Find the FiiN program is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3;
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Former City Hall Complex Amendments (PA2012-31)
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d) Adopt Resolution No. 2015-104, A Resolution of the City Council of the City of
Newport Beach, California, Accepting the Suggested Modifications from the California
Coastal Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan
Amendment No. GP2012-002 and Revised Coastal Land Use Plan Amendment No.
LC2012-001 for the Former City Hall Complex Located at 3300 Newport Boulevard and
475 32nd Street (PA2012-031);
e) Introduce Ordinance No. 2015-35, An Ordinance of the City Council of the City of
Newport Beach Approving Zoning Code Amendment No. CA2012-003 for the Former
City Hall Complex Located at 3300 Newport Boulevard and 475 320d Street (PA2012-
031) and pass to second reading on December 8, 2015;
f) Direct staff to take the necessary steps to develop and implement a new
recreation program called "Fostering Interest In Nature (FiiN)" and develop a
Memorandum of Understanding with the California Coastal Commission to operate the
program in accordance with Coastal Development Permit No. 5-14-1785 (CDP) for the
Lido House Hotel; and
g) Approve Budget Amendment No. 16BA-012, in the amount of $1,415,232
establishing a new restricted reserve fund for the FiiN Program.
FUNDING REQUIREMENTS:
There is no fiscal impact related to the approval of the requested amendments to the
General Plan, Coastal Land Use Plan, and Zoning Code.
The Budget Amendment records, appropriates, and transfers $975,000 from the
General Fund to the FiiN Program Fund and recognizes developer contributions of
$440,232 to the program.
DISCUSSION:
Background
In September 2014, the City Council approved the 130 -room, Lido House Hotel project
to replace the former City Hall Complex located at the northeast corner of Newport
Boulevard and 32nd Street. The approval included amending the General Plan, Coastal
Land Use Plan, and Zoning Code (Amendments) from public facilities to mixed use. The
CLUP amendment also included changes to Policy 4.4.2-1 allowing for higher building
heights.
On October 7, 2015, the Coastal Commission approved the proposed CLUP
amendment with suggested modifications (Attachment D). The City should accept the
suggested modifications word-for-word as adopted by the Coastal Commission.
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and Authorization of the FiiN Program
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Proposing additional changes would require the submission of a new application to the
Coastal Commission and lead to delays in construction of the hotel.
At the October meeting, the Coastal Commission also approved Coastal Development
Permit No. 5-14-1785 for the Lido House Hotel. The "Notice of Intent to Issue a Permit"
(the CDP) includes five standard conditions and eight special conditions (Attachment E).
Special Condition No. 6 addresses lower cost overnight accommodations mitigation and
a mitigation fee of $1,415,232.00. The fee would be paid to the Coastal Commission or
other qualified entity to provide lower cost overnight accommodations in the area. The
City proposed the FiiN program as a recreation and educational program that would
include overnight accommodations at the Newport Dunes Resort. In summary, the
program would provide a 4 -day, 3 -night camp experience to Title 1 elementary school
children who may not otherwise have an opportunity to visit the coast. The mitigation
fees are adequate for the City to operate the program for a minimum of 10 years.
On November 5, 2015, the Planning Commission considered the Amendments as
modified by the Coastal Commission. At the conclusion of a noticed public hearing, the
Commission voted 4 Ayes, 0 Noes, 1 Recusal, 2 Absent to adopt Planning Commission
Resolution No. 1999 recommending City Council approval of the proposed changes to
the Amendments (Attachment F).
Land Use Plan and Zoning Amendments
The Coastal Commission modified the proposed CLUP land use category from Mixed
Use (MU) to Visitor -Serving Commercial, Lido Village (CV -LV).
The land use category proposed by the City for the project site was:
.. I - Use Plan Categories
Land Use Category Uses
Density/Intensity
The MU category is intended to provide for
98,725 sf of hotel
the development of a mix of uses, which
Mixed Use — MU may include general, neighborhood or
visitor -serving commercial, commercial
Municipal facilities are not
offices, visitor accommodations, mixed-use
restricted or included in any
development, and/or civic uses.
development limit.
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The Coastal Commission approved the following:
.• I - • Use Plan Categories
Land Use Category Uses Density/Intensity
The CV -LV category is intended to allow for
a range of accommodations (e.g. hotels, 98,725 gross square feet not
CV -LV motels, hostels), goods, and services including a fire station. A fire
Visitor -Serving intended to primarily serve visitors to the station may not occupy more
Commercial — City of Newport Beach. A fire station is than 10% of the total project
Lido Village allowed in its current location. Limited Use site.
Overnight Visitor Accommodations and
residences are not allowed.
The CV -LV land use category allows for visitor -serving commercial uses including visitor
accommodations and Fire Station No. 2. Timeshares or other fractional ownership
accommodations and residential uses would be prohibited and the intensity limits for the
hotel and fire station did not change.
Coastal Land Use Policy 4.4.2-1 requires that the City maintain the 35 -foot height
limitation in the Shoreline Height Limitation Zone that is generally located near Newport
Harbor and the Upper Newport Bay, with exceptions for Marina Park' and the Back Bay
Landing2 projects. The Coastal Commission modified the proposed language further
limiting the height of the hotel.
The proposed exemption language for the project site, as approved by the City, was:
"Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall
Complex): Buildings and structures up to 55 feet in height, provided it is
demonstrated that development does not materially impact public views. Peaks
of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and
architectural features such as domes, towers, cupolas, spires, and similar
structures may exceed 55 feet by 10 feet. The purpose of allowing buildings,
structures and architectural elements to exceed 35 feet is to promote vertical
clustering resulting in increased publically accessible on-site open space and
architectural diversity while protecting existing coastal views and providing new
coastal view opportunities. "
Limited exemption for a lighthouse feature has been approved by the Coastal Commission
2 Limited exemption for a public viewing tower pending review by the Coastal Commission
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Former City Hall Complex Amendments (PA2012-31)
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The Coastal Commission approved the following:
"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.
• With the exception of a fire station, 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.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height
to house and screen essential equipment. "
Although the modified language is more restrictive than that proposed by the City, it
does not change the approved Lido House Hotel project and it will facilitate a future
reconstructed fire station. As a result, the Planning Commission and staff have no
concerns with the changes.
When the City approved the CLUP amendment to mixed-use, the General Plan and
Zoning Code were also amended. Given the change to the CLUP, the General Plan
land use category and Zoning Code need to be modified to be consistent. Given that the
intensity of use is not changing, there are no issues related to Charter Section 423
(Measure S). The changes to the allowed uses within the zoning district applicable to
the project mirror the current CV (Commercial Visitor -Serving) zone. Staff has also
modified the development standards relative to the more restrictive height limits
imposed by the Coastal Commission. The specific changes are included with the draft
resolution and ordinance (Attachments A and B).
Lower Cost Visitor Accommodation Mitigation
As indicated previously, the Coastal Commission imposed a mitigation fee of
$1,415,232.00 on the Lido House Hotel as the Commission considered the hotel a high
cost hotel that will have an impact on lower cost accommodations. The lease agreement
between the City and RD Olson included provisions related to the payment of this
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Former City Hall Complex Amendments (PA2012-31)
and Authorization of the FiiN Program
November 24, 2015
Page 6
mitigation fee. The City's responsibility is $975,000 and the remainder ($440,232) is RD
Olson's responsibility.
Special Condition No. 6 requires the fee to be placed in an interest bearing account in
support of providing lower cost overnight visitor -serving accommodations such as RV
park sites, hostel beds, tent campsites, cabins or campground units, and/or lower cost
overnight accommodation opportunities in conjunction with an outdoor youth
educational program, within the vicinity of Newport Beach or greater Orange County.
The outdoor youth educational program referenced in the condition is the City's FiiN
program that will be a recreational and educational program for disadvantaged
elementary school children that might not have had an opportunity to visit the coast. The
program would include overnight accommodations (3 -night stays). Staff approached
Michael Gelfand, who owns and manages the Newport Dunes Resort, and he
graciously agreed to host the program. The program is described in the attached
proposal that was provided to the Coastal Commission (Attachment F). Staff will show a
brief video presentation at the City Council meeting highlighting the program.
The program would operate for 12 weeks per year between February and May. One
classroom of children will be accommodated each week. The City would seek a
qualified contractor to operate the program through a competitive bidding process.
Recreation and Senior Services staff estimates that the program will cost approximately
$110,000 per year. The program must run for a minimum of 10 years and longer if
funding permits.
Special Condition No. 8 requires a Memorandum of Understanding (MOU) with the
Coastal Commission that will outline additional operational and financial details. Staff
will request City Council authorization of the MOU when a draft is available. At this time,
staff recommends the attached budget amendment be approved that will establish and
fund a restrictive fund for the FiiN program to satisfy Special Condition No. 8. Once the
fund is established, RD Olson will deposit their portion of the mitigation fee into the fund.
Interest will accrue in accordance with the City's investment policies. Lastly, the Finance
Director will manage the fund in accordance with the MOU and the Recreation and
Senior Services Department will manage and operate the FiiN Program.
ENVIRONMENTAL REVIEW:
The City prepared and certified an Environmental Impact Report (EIR)
(SCH#2013111022) for the proposed Lido House Hotel project in accordance with the
California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources
Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of
CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). The analyses
showed that the proposed project would not result in any significant and unavoidable
impacts and all potential impacts would be reduced to a less than significant level with
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and Authorization of the FiiN Program
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the incorporation of several mitigation measures. Although the proposed amendments
have changed from "mixed-use" to "visitor -serving commercial," the modified
amendments do not change the development potential or allowed uses. Therefore,
modifying the previously approved amendments would not result in any potential
environmental impacts not previously considered in the Lido House Hotel EIR.
Staff recommends the City Council find the previous certified Final EIR adequate and
further find that, pursuant to CEQA Guidelines Section 15062, the changes to the
project are not substantial, as they do not involve new significant effects or a substantial
increase in the severity of previously identified significant effects, and therefore, a
subsequent EIR does not need to be prepared.
Staff also recommends the City Council find the actions necessary to develop and
implement the FiiN program not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378)of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly. The FiiN program
will operate at the existing Newport Dunes camping and recreational facility will not
involve any physical changes to the facility or result in the expansion of the facility.
NOTICING:
Notice of this public hearing was published in the Daily Pilot, mailed to all owners of
property within 450 feet of the boundaries of the site including the applicant and posted
on the subject property at least 10 days before the scheduled meeting, consistent with
the provisions of the Municipal Code. 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).
ATTACHMENTS:
Attachment A —
Draft Resolution
Attachment B —
Draft Ordinance
Attachment C
— Budget Amendment
Attachment D
— Coastal Commission letter dated October 20, 2015
Attachment E —
Notice of Intent to Issue Permit
Attachment F —
Planning Commission Resolution No. 1999 (unsigned)
Attachment G
— FiiN Program Proposal
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Attachment A
Draft Resolution
21-8
RESOLUTION NO. 2015—##
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, ACCEPTING THE SUGGESTED MODIFICATIONS
FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-NPB-14-0831-
3) AND APPROVING REVISED GENERAL PLAN AMENDMENT NO.
GP2012-002 AND REVISED COASTAL LAND USE PLAN AMENDMENT
NO. LC2012-001 FOR THE FORMER CITY HALL COMPLEX LOCATED AT
3300 NEWPORT BOULEVARD AND 475 32ND ST (PA2012-031)
WHEREAS, On April 24, 2012, the City of Newport Beach (City) initiated
amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code
(collectively, Amendments) with respect to the former City Hall Complex (Property),
legally described in Exhibit A, attached hereto and incorporated by reference, located at
the northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300
Newport Boulevard and 475 32nd Street;
WHEREAS, the Amendments change the land use categories and zoning district
from Public Facilities to Mixed Use. Additionally, the CLUP amendment modifies Policy
4.4.2-1 allowing buildings to exceed the 35 -foot Shoreline Height Limit;
WHEREAS, pursuant to Section 65352.3 of the California Government Code, the
appropriate tribal contacts identified by the Native American Heritage Commission were
provided notice of the proposed General Plan Amendment on October 4, 2012. The City
received an inquiry from one tribal representative. The Native American representative
indicated that he could coordinate monitoring services during grading/construction if it is
determined that such monitoring is required. The tribal representative did not indicate
any knowledge of the presence of any significant cultural or archaeological resources
on the Property. The Property is located within a highly developed area and has been
completely disturbed. As such, impacts related to archaeological resources are not
expected to occur. However, in the unlikely event that buried cultural resources or
human remains are discovered during excavation activities, Mitigation Measure CUL -1
requires an archeologist and Native American Monitor be present during earth removal
or disturbance activities related to rough grading and other excavation for utilities, and
as such, a less than significant impact would occur in this regard;
WHEREAS, on April 25, 2013, the City sent a surplus land notice consistent with
California Government Code Section 54222. No entities expressed an interest in
acquiring the Property for the development of affordable housing, parks and open
space, or schools;
WHEREAS, the Planning Commission held a public hearing on August 11, 2014,
in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place and purpose of the public hearing was provided in accordance
with the California Environmental Quality Act (CEQA) and the Newport Beach Municipal
Code (NBMC). The environmental documents for the project comprising the Draft
Environmental Impact Report (DEIR), Final Environmental Impact Report (FEIR) which
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RESOLUTION NO. 2015—##
consists of Responses to Comments, and Mitigation Monitoring and Reporting Program
(MMRP), the draft Findings and Facts in Support of Findings (Findings), Errata, staff
report, and evidence, both written and oral, were presented to and considered by the
Planning Commission at these hearings;
WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution
No. 1952 by a vote of 5-0 recommending certification of the Lido House Hotel Final EIR
(Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014-003,
SCH No. 201 31 1 1 022) the Former City Hall Amendments (PA2012-031) and Lido
House Hotel (PA2013-217);
WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution
No. 1953 by a vote of 5-0 recommending approval of the Former City Hall Amendments
(Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012-031)
without a mixed-use/residential component and approval of the Lido House Hotel
(PA2013-217);
WHEREAS, on September 9, 2014, in the City Hall Council Chambers, at 100
Civic Center Drive, Newport Beach, California, the City Council held a public hearing to
consider the Amendments and a FEIR prepared for the project. A notice of the time, place
and purpose of the public hearing was provided in accordance with CEQA and the
NBMC;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No.
2014-80 certifying the Lido House Hotel FEIR No. ER2014-003 (SCH No. 201 31 1 1 022)
to be in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-
3;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No.
2014-81 approving General Plan Amendment No. GP2012-002 and Coastal Land Use
Plan Amendment No. LC 2012-001. These amendments were adopted contingent upon
approval by the California Coastal Commission;
WHEREAS, on September 23, 2014, the City Council adopted Ordinance No.
2014-16 adopting Zoning Code Amendment No. CA2013-003;
WHEREAS, on September 24, 2014, the City submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission;
WHEREAS, on October 7, 2015, the California Coastal Commission certified the
City's application request (LCP-5-NPB-14-0831-3) with suggested modifications to the
proposed CLUP land use category and Policy 4.4.2-1. The suggested modifications
changed the proposed CLUP land use category from Mixed -Use to Visitor -Serving
Commercial, Lido Village. This change in policy language allows for the same range of
allowed commercial uses as the City -approved amendment and prohibits all forms of
timeshares or fractional ownership visitor accommodations. The modification also does
not increase development intensity beyond what the City authorized. The suggested
2
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RESOLUTION NO. 2015-##
modifications to CLUP Policy 4.4.2-1 provided increased setbacks from streets and
limited the area and size of structures that could exceed 35 feet in height. The
modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved
amendment but still allows the proposed Lido House Hotel;
WHEREAS, the certified FEIR showed that the proposed project would not result
in any significant and unavoidable impacts and all potential impacts would be reduced
to a less than significant level with the incorporation of several mitigation measures.
Although the proposed amendments have changed from "mixed-use" to "visitor -serving
commercial," the modified amendments: 1) do not change the development potential or
intensity of use; 2) do not significantly change allowed uses; and 3) are more restrictive
in terms of setbacks and structure heights. Therefore, modifying the previously
approved amendments consistent with the Coastal Commission's suggested
modifications are not substantial and the FEIR does not require revisions as the
changes to the project do not result in new impacts or increases in the severity of
impacts previously identified and addressed in the certified Lido House Hotel FEIR
(SCH No. 2013111022);
WHEREAS, on November 5, 2015, the Planning Commission held a public hearing
in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to
consider modifications of the Amendments as a result of the Coastal Commission's action.
A notice of the time, place and purpose of the hearing was provided in accordance with
the NBMC. Evidence both written and oral was presented to and considered by the
Planning Commission during the hearing. At the conclusion of the hearing, the Planning
Commission adopted Resolution No. 1999 by a vote of 4 ayes, 0 noes, 2 absent and 1
abstaining recommending approval of the revised Amendments making them consistent
with the suggested modifications from the California Coastal Commission;
WHEREAS, on November 24, 2015, the City Council held a public hearing in the
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to
consider the revised Amendments. A notice of the time, place and purpose of the
hearing was provided in accordance with Newport Beach Municipal Code. Evidence
both written and oral was presented to and considered by the City Council during the
hearing;
WHEREAS, amendments to the General Plan are legislative acts. Neither the
City nor State Planning and Zoning Law set forth any required findings for either
approval or denial of such Amendments otherwise found to be within the public interest;
WHEREAS, the Property is located in proximity to commercial services,
recreational uses, and transit opportunities with routine bus service provided along
Newport Boulevard. The proposed General Plan Amendment provides for variety of
land uses for the site including a luxury hotel that will promote revitalization of the Lido
Village area while ensuring neighborhood compatibility. The proposed hotel will serve
visitors and residents and increase access opportunities in the Coastal Zone;
3
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RESOLUTION NO. 2015—##
WHEREAS, the proposed amendment of Coastal Land Use Plan Policy 4.4.2-1,
as modified as suggested by the California Coastal Commission, to provide an
exception to the 35 -foot height limit of the Shoreline Height Limitation Zone is necessary
and appropriate to accommodate the proposed intensity of use, significant open space
on the site and the project's lack of impact to public views. This finding is based upon
the public view impact analysis within Section 5.2 (Aesthetics Light/Glare) of the Lido
House Hotel FEIR showing that there will not be a significant impact to protected public
views from General Plan and Coastal Land Use Plan designated vantages. Additionally,
there are no public views through the Property from abutting roadways and public
spaces; and
WHEREAS, pursuant to City Charter Section 423 and Council Policy A-18,
proposed General Plan amendments are reviewed to determine if a vote of the
electorate would be required because a project (separately or cumulatively with other
projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds
provided in City Charter Section 423. The proposed General Plan Amendment is located
in Statistical Area B5. This is the fifth amendment that affects Statistical Area B5 since
the General Plan update in 2006. The four prior amendments are GP 2010-005, GP
2011-003, GP 2011-010, and GP 2012-005. The following table shows the increased
peak hour traffic trips, dwelling units and non-residential floor area attributable to the
subject amendment and eighty percent of the four prior amendments as required by City
Charter Section 423, and the resulting totals. Based upon these totals, a vote of the
electorate to approve the proposed General Plan Amendment for the City Hall site is not
required.
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 2: The City Council of the City of Newport Beach hereby rescinds
Resolution No. 2014-81 as it is not consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0831-3 with suggested modifications.
Section 3: Pursuant to CEQA Guidelines Section 15062, the changes to the
project are not substantial, as they do not involve new significant effects or a substantial
increase in the severity of previously identified significant effects, and therefore, a
subsequent EIR does not need to be prepared.
0
21-12
AM Peak
Trips
PM Peak
Trips
Dwelling
units
Non-residential
floor area
Prior Amendments (80%)
49
65
7
16,275
Proposed Amendment
0
0
0
23,725
Total
49
65
7
40,000
Exceed Threshold for Vote of the Electorate?
No
No
No
No
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 2: The City Council of the City of Newport Beach hereby rescinds
Resolution No. 2014-81 as it is not consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0831-3 with suggested modifications.
Section 3: Pursuant to CEQA Guidelines Section 15062, the changes to the
project are not substantial, as they do not involve new significant effects or a substantial
increase in the severity of previously identified significant effects, and therefore, a
subsequent EIR does not need to be prepared.
0
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RESOLUTION NO. 2015-##
Section 4: Pursuant to CEQA Guidelines Section 15091, the City Council has
reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as
shown on the Exhibit B, entitled Findings and Facts in Support of Findings for the Lido
House Hotel, Final Environmental Impact Report, State Clearinghouse No.
2013111022, which exhibit is incorporated herein by reference.
Section 5: The City Council of the City of Newport Beach hereby approves
General Plan Amendment No. GP2012-002 as depicted in Exhibit C, which is attached
hereto and incorporated by reference.
Section 6: The City Council of the City of Newport Beach hereby approves
Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit D, which is
attached hereto and incorporated by reference.
Section 7: The Community Development Director is hereby directed to revise all
applicable General Plan and Coastal Land Use Plan figures to reflect the changes in the
land use designations upon the effective date of the amendments. Staff is also hereby
directed to correct any typographical or scrivener's errors in compiling the final
documentation.
Section 8: The City Council of the City of Newport Beach hereby authorizes
submittal of this resolution to the California Coastal Commission for a determination that
it is legally adequate and consistent with the Coastal Commission's approval of LCP-5-
NPB-14-0831-3.
Section 9: The City's certified Coastal Land Use Plan as amended by Coastal
Land Use Plan Amendment No. LC2012-001, shall be implemented in a manner fully in
conformity with the California Coastal Act.
Section 10: The actions contained in this resolution shall take effect
automatically upon Coastal Commission action, unless the Coastal Commission
proposes suggested modifications to the proposed Coastal Land Use Plan Amendment.
In the event that the Coastal Commission approves the Amendment with suggested
modifications, City approval of the modified Amendment shall require a separate action
by the City Council following Coastal Commission approval. In this case, the
Amendment would become effective upon the effective date of the Coastal Commission
certification of the modified Amendment.
Section 11: 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 and phrases be declared invalid
or unconstitutional.
5
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RESOLUTION NO. 2015-##
Section 12: 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 24" day of November, 2015.
ATTEST:
Leilani I. Brown, City Clerk
City Clerk
0
Edward D. Selich, Mayor
21-14
EXHIBIT A
Legal Description
LEGAL DESCRIPTION:
RESOLUTION NO. 2015-##
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.
PARCEL 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.
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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
89'15'30" 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
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EXHIBIT B
CALIFORNIA ENVIRONMENTAL QUALITY ACT FACTS AND FINDINGS IN
SUPPORT OF THE APPROVAL OF THE
FORMER CITY HALL REUSE AMENDMENTS (PA2012-031) AS MODIFIED BY THE
CALIFORNIA COASTAL COMMISSION
1. INTRODUCTION
The California Environmental Quality Act and the State CEQA Guidelines (collectively,
CEQA), and in particular, Public Resources Code Section 21081 and Section 15091 of
Title 14 of the California Code of Regulations, require that a public agency consider the
significant adverse environmental impacts of a project before a project is approved and
make specific findings. State CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an Environmental
Impact Report (EIR) has been certified which identifies one or more significant
environmental effects of the project unless the public agency makes one or more
written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effect as identified in the EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can or should be
adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified
in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial
evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the
finding has concurrent jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall
describe the specific reasons for rejecting identified mitigation measures and
project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also
adopt a program for reporting on or monitoring the changes which it has either
required in the project or made a condition of approval to avoid or substantially
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lessen significant environmental effects. These measures must be fully
enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or
other materials which constitute the record of the proceedings upon which its
decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
Because, as explained below, all significant impacts of the Project will be reduced to
less than significant levels through adoption of mitigation measures, the City is not
required to also adopt a Statement of Overriding Considerations. (See CEQA
Guidelines Section 15093.)
Having received, reviewed, and considered the Draft Environmental Impact Report
(Draft EIR) and the Final Environmental Impact Report (Final EIR) for the Lido House
Hotel Project, SCH No. 2013111022 (collectively, the EIR), as well as all other
information in the record of proceedings on this matter, the following Findings and Facts
in Support of Findings (Findings) are hereby adopted by the City of Newport Beach
(City) in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for the discretionary actions to be
undertaken by the City for the development of the project. These actions include the
certification and/or approval of the following for the Lido House Hotel:
• Environmental Impact Report No. ER2014-003 (SCH#2013111022).
• General Plan Amendment No. GP2012-002
• Coastal Land Use Plan Amendment No. LC2012-001.
• Code Amendment No. CA2012-003.
• Site Development Review No. SD2014-001.
• Use Permit No. UP2014-004.
• Traffic Study No. TS2014-005.
These actions are collectively referred to herein as the project.
A. Document Format
These Findings have been organized into the following sections:
(1) Section 1 provides an introduction to these Findings.
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(2) Section 2 provides a summary of the project, overview of the discretionary
actions required for approval of the project, and a statement of the
project's objectives.
(3) Section 3 provides a summary of previous environmental reviews related
to the project area that took place prior to the environmental review done
specifically for the project, and a summary of public participation in the
environmental review for the project.
(4) Section 4 sets forth findings regarding the environmental impacts that
were determined to be—as a result of the Notice of Preparation (NOP),
and consideration of comments received during the NOP comment
period—either not relevant to the project or clearly not at levels that were
deemed significant for consideration at the project -specific level.
(5) Section 5 sets forth findings regarding significant or potentially significant
environmental impacts identified in the EIR that the City has determined
are either not significant or can feasibly be mitigated to a less than
significant level through the imposition of Project Design Features,
standard conditions, and/or mitigation measures. In order to ensure
compliance and implementation, all of these measures will be included in
the Mitigation Monitoring and Reporting Program (MMRP) for the project
and adopted as conditions of the project by the Lead Agency. Where
potentially significant impacts can be reduced to less than significant
levels through adherence to Project Design Features and standard
conditions, these findings specify how those impacts were reduced to an
acceptable level.
(6) Section 6 sets forth findings regarding alternatives to the proposed project.
B. Custodian and Location of Records
The documents and other materials that constitute the administrative record for
the City's actions related to the project are at the City of Newport Beach
Community Development Department, 100 Civic Center Drive, Newport Beach,
California 92660. The City of Newport Beach is the custodian of the
Administrative Record for the project.
2. PROJECT SUMMARY
A. Project Location
Regionally, the project site is located near the Pacific Ocean in the west -central portion
of Orange County, within the City of Newport Beach. Locally, the project site is
generally located at the northeast corner of the intersection of Newport Boulevard and
32nd Street on the Balboa Peninsula in the Lido Village area of the City.
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Regional access to the site is provided via State Route 55 (SR -55) and SR -1 (Pacific
Coast Highway). The primary local roadways providing access to the site are Newport
Boulevard, 32nd Street, and Finley Avenue.
B. Project Description
The proposed project consists of the requested legislative approvals (Amendments to
General Plan, Coastal Land Use Plan, and Zoning Code,) for the project site, as well as
related for approvals of a, Site Development Review, Conditional Use Permit and Traffic
Study. In order to allow for the development of a 130 -room hotel on the project site,
amendments to the General Plan and Coastal Land Use Plan are required to change
the project site land use designation to a "Visitor -Serving Commercial" designation that
provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and
services intended to primarily serve visitors to the City of Newport Beach. A fire station
is allowed in its current location. Limited Use Overnight Visitor Accommodations and
residences are not allowed. Subsequent permits include a Coastal Development Permit
from the California Coastal Commission.
C. Discretionary Actions
Implementation of the project will require several actions by the City, including
• Certification of Environmental Impact Report No. ER2014-003 (SCH#
2013111022). An Environmental Impact Report (EIR) to evaluate the
environmental impacts resulting from the proposed project, in accordance with
the California Environmental Quality Act of 1970 (CEQA), as amended (Public
Resources Code Sections 21000 et seq.), and the State CEQA Guidelines for
Implementation of CEQA (California Code of Regulations, Title 14, Sections
15000 et seq.).
• General Plan Amendment No. GP2012-002: To allow the proposed 130 -room
hotel development by changing the land use designation of the site from Public
Facilities (PF) to a new visitor -serving commercial land use category Visitor
Serving Commercial - Lido Village (CV -LV), and establish density and intensity
limits within Land Use Element Table LU2, Anomaly Locations, by establishing a
new anomaly location. The CV -LV designation provides for a range of
accommodations (e.g. hotels, motels, hostels), goods, and services intended to
primarily serve visitors to the City of Newport Beach. A fire station is allowed in
its current location. Limited Use Overnight Visitor Accommodations and
residences are not allowed. Approval of the General Plan Amendment will result
in the creation of a new Anomaly Location within Table LU -2, as indicated below,
and amend the Land Use Map to reflect the CV -LV land use designation for the
project site.
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Table LU2
Anomaly Locations
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (sf)
Development Limit
(other)
Additional Information
85
135
CV -LV
98,725 sf hotel
motels, hostels), goods, and services
Accessory commercial
Lido Village
intended to primarily serve visitors to the
station may not occupy more
City of Newport Beach. A fire station is
floor area is allowed in
allowed in its current location. Limited Use
site.
Overnight Visitor Accommodations and
conjunction with a
residences are not allowed.
hotel and it is included
within the hotel floor
area limit.
Municipal facilities are
not restricted or
included in any
development limit.
Coastal Land Use Plan Amendment No. LC2012-001: allow the development
of a 130 -room hotel by changing the land use designation of the site from Public
Facilities (PF) to a new Visitor -Serving Commercial - Lido Village (CV -LV) land
use category, and establish density and intensity limits within Table 2.1.1-1. The
proposed amendment also includes a change to Policy 4.4.2-1 to establish the
policy basis for higher height limits, as described below.
Table 2.1.1-1
Land Use Plan Categories
Land Use Category
Uses
Density/intensity
CV -LV
The CV -LV category is intended to allow for
Visitor -Serving
a range of accommodations (e.g. hotels,
98,725 gross square feet not
Commercial —
motels, hostels), goods, and services
including a fire station. A fire
Lido Village
intended to primarily serve visitors to the
station may not occupy more
City of Newport Beach. A fire station is
than 10% of the total project
allowed in its current location. Limited Use
site.
Overnight Visitor Accommodations and
residences are not allowed.
In order to establish a higher height limit, CLUP Policy 4.4.2-1 is also proposed to
be amended to add the following exception site:
"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.
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• 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.
• With the exception of a fire station, 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.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height
to house and screen essential equipment."
• Code Amendment No. CA2012-003: To amend the Zoning Map of the
Zoning Code to replace the existing PF zoning designation for the site with a
new zone CV -LV designation (Commercial, Visitor -Serving — Lido Village) to
establish density and intensity limits consistent with the proposed General
Plan Amendment. Development standards and allowed uses would also be
established.
Approval of the Zoning Code Amendment will result in the creation of the
following new mixed-use zoning district:
CV -LV (Commercial, Visitor -Serving — Lido Village)
Purpose: The CVLV designation applies to the former City Hall Complex
located at the northeast corner of the intersection of Newport Boulevard
and 32nd Street. The CV -LV designation provides for a range of
accommodations (e.g. hotels, motels, hostels), goods, and services
intended to primarily serve visitors to the City of Newport Beach. A fire
station is allowed in its current location. Limited Use Overnight Visitor
Accommodations and residences are not allowed.
Allowed Uses: A range of visitor accommodations, but no Limited Use
Overnight Visitor Accommodations or residential use, commercial uses
primarily intended to serve visitors and a fire station.
Maximum density/intensity: 98,725 gross square feet of hotel. Municipal
facilities are not restricted or included in this development limit.
Structure height: up to 55 feet with a flat roof and up to 60 feet with a
sloped roof. Architectural features such as domes, towers, cupolas,
spires, and similar structures may be up to 65 feet in height. Fire Station
No. 2 may be up to 40 feet in height and may include architectural
features up to 45 feet in height to house and screen essential equipment.
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Building setbacks:
Newport Boulevard
Subterranean'
1 foot
Structures up to 35 feet
20 feet
Structures over 35 feet
60 feet
32nd Streetz
Subterranean'
1 foot
Structures up to 35 feet
1 foot
Structures over 35 feet
70 feet
Interiorz
Subterranean'
1 foot
Above grade
5 feet
Not more than 1 foot above abutting public sidewalk.
2 Setbacks do not apply to Fire Station No. 2
Open Space: 20% of the project site to be maintained as public open
space (e.g., public plazas, pedestrian promenades, outdoor recreational
spaces, patios, landscaping, etc.).
Parking and other development standards: Subject to Zoning Code
Development Review Process: Consistent with the Zoning Code — Site
Development Review (SDR) or Planned Development Permit (PDP).
The Final EIR identified all the reasonably foreseeable and potentially significant
adverse environmental impacts of the Project to the public, responsible agencies,
trustee agencies, and other public agencies that may be required to grant approvals
and permits or coordinate with the City of Newport Beach as a part of project
implementation. These agencies include, but are not limited to:
• Regional Water Quality Control Board (RWQCB). The Santa Ana RWQCB
would approve the project's compliance with the National Pollution Discharge
Elimination System (NPDES) Statewide General Construction Activity permit
(2009-0009-DWQ) and Municipal Separate Stormwater Sewer System (MS4)
permit.
• South Coast Air Quality Management District (SCAQMD). Future
construction of the project would include demolition and construction requiring
permitting by SCAQMD for Rules 201 (permit to construct), 402 (nuisance
odors), 403 (fugitive dust), 1113 (architectural coatings), 1403 (asbestos
emissions from demolition), and for future operation of the project, 1186
(street sweeping).
• California Coastal Commission (CCC). The Coastal Commission will review
the proposed Coastal Land Use Plan amendment for consistency with the
California Coastal Act. After a certification the proposed amendment as
consistent with the Coastal Act, the Coastal Commission would review a
Coastal Development Permit application for the development and operation of
the proposed Lido House Hotel.
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D. Statement of Project Objectives
The statement of objectives sought by the project and set forth in the Final EIR is
provided as follows:
1. Enhance Newport Beach and Lido Village by creating a highly visible, iconic
development with distinctive architecture, significant landscaped areas, and
focal points to serve as a gateway to the Balboa Peninsula.
2. Help implement the City's goal to revitalize Lido Village by creating a
catalytic development consistent with the Lido Village Design Guidelines that
enhances economic activity and contributes to Newport Beach's reputation
as a premier destination for shopping and recreation.
3. Create a pedestrian oriented development that is physically well-connected
to the community while not significantly increasing traffic to the site when
compared to the prior use of the site.
4. Provide and enhance public access to the property by creating publically
accessible open space and visitor accommodations.
5. Provide needed services to residents and visitors including visitor
accommodations, recreational, personal services, shopping, dining, and
assembly opportunities.
6. Create a premier boutique hotel that is a financially viable operation.
7. Create City revenue through lease payments and transient occupancy tax.
3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The Final EIR includes the Draft Environmental Impact Report (Draft EIR) dated April
28, 2014, written comments on the Draft EIR that were received during the 45 -day
public review period, written responses to those comments, clarifications/changes to the
Final EIR, an Errata and Mitigation Monitoring and Reporting Program. In conformance
with CEQA and the State CEQA Guidelines, the City conducted an extensive
environmental review of the Lido House Hotel project:
• Completion of the Notice of Preparation (NOP), which was released for a 30 -day
public review period from November 6, 2013, through December 5, 2013. The
NOP was sent to all responsible agencies, trustee agencies, and the Office of
Planning Research and posted at the Orange County Clerk -Recorder's office and
on the City's website on November 6, 2013.
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• During the NOP review period, a Scoping Meeting was held to solicit additional
suggestions on the content of the Lido House Hotel EIR. Attendees were
provided an opportunity to identify verbally or in writing the issues they felt should
be addressed in the EIR. The scoping meeting was held on Wednesday,
November 20, 2013, at the City of Newport Beach former City Council
Chambers, located at 3300 Newport Boulevard, Newport Beach, California 9266.
• Preparation of a Draft EIR by the City that was made available for a 45 -day
public review period (April 29, 2014 to June 13, 2014). The Draft EIR consisted of
analysis of the Lido House Hotel project and the technical appendices. On April
25, 2014, a Notice of Availability (NOA) for the Draft EIR was mailed to property
owners and occupants within 450 -feet of the project site. The NOA was also sent
to all interested persons, agencies and organizations. The Notice of Completion
(NOC) was sent to the State Clearinghouse in Sacramento for distribution to
public agencies. The NOA was posted at the Orange County Clerk -Recorder's
office on April 29, 2014. Copies of the Draft EIR were made available for public
review at the City of Newport Beach Community Development Department,
Newport Beach Central Branch Library, Newport Beach Balboa Branch Library,
Newport Beach Mariners Branch Library, and Newport Beach Corona del Mar
Branch Library. The Draft EIR was available for download via the City's website:
http://www.newportbeachca.gov/eir.
• Preparation of a Draft Final EIR including Draft EIR, comments on the Draft EIR,
responses to those comments, Mitigation Monitoring and Reporting Program and
appended documents. The preliminary Response to Comments were provided
to the City Planning Commissioners on July 11, 2014, and posted on the City's
website.
• The Planning Commission held a study session on the Project on June 5, 2014,
in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach,
California. A public hearing was scheduled for July 17, 2014, but to allow the
public additional opportunity to review the staff report, the hearing was continued
to August 7, 2014. The August 7, 2014 was canceled, so a special meeting was
conducted on August 11, 2014. Notices of time, place, and purpose of the public
hearing were provided in accordance with CEQA and NBMC. The Draft Final
EIR, staff report, and evidence, both written and oral, were presented to and
considered by the Planning Commission at this hearing. Notice for this public
hearing was published in the Daily Pilot, mailed to all property owners within a
minimum of 450 feet of the project site and to all interested persons, agencies
and organizations, and posted at the project site a minimum of 10 days in
advance of the hearing, consistent with the Municipal Code. Additionally, the item
appeared on the agenda for the meeting, which was posted at City Hall and on
the City website.
• In compliance with Section 15088(b) of Title 14 of the California Code of
Regulations (State CEQA Guidelines), the City provided written Responses to
Comments to public agencies on July 21, 2014, at least 10 days prior to certifying
the Final EIR.
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• The City Council held a public hearing on September 9, 2014, in the City Hall
Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place and purpose of the aforesaid meeting was provided in
accordance with CEQA and NBMC. The Final EIR, staff report, and evidence,
both written and oral, were presented to and considered by the City Council at
this hearing. Notice for the meeting was published in the Daily Pilot, mailed to all
property owners within a minimum 450 feet of the project site and to all interested
persons, agencies and organizations, and posted at the project site a minimum of
10 days in advance of the hearing, consistent with the Municipal Code.
Additionally, the item appeared on the agenda for the meeting, which was posted
at City Hall and on the City website.
For purposes of CEQA and these Findings, the Record of Proceedings for the Project
consists of the following documents and other evidence, at a minimum:
• All project application materials submitted to the City by the Applicant and its
representatives;
• NOP and all other public notices issued by the City in conjunction with the
proposed project;
• The Scoping Meeting notes held during the 30 -day NOP period;
• The Final EIR, including the Draft EIR and all appendices, the Responses to
Comments, Mitigation Monitoring and Reporting Program (MMRP) and all
supporting materials referenced therein. All documents, studies, EIRs, or other
materials incorporated by reference in the Draft EIR and Final EIR;
• Written comments submitted by agencies and members of the public during the
45 -day public review comment period on the Draft EIR;
• All responses to the written comments submitted by agencies and members of
the public provided at the Planning Commission meeting on July 17, 2014,
Planning Commission public hearing on August 11, 2014, and City Council public
hearing on September 9, 2014;
• The testimony provided by agencies and members of the public at the Planning
Commission meeting on July 17, 2014, Planning Commission public hearing on
August 11, 2014, and City Council public hearing on September 9, 2014;
• All final City Staff Reports relating to the Draft EIR, Final EIR, and the project;
• All other public reports, documents, studies, memoranda, maps, or other
planning documents relating to the project, the Draft EIR, and the Final EIR
prepared by the City, consultants to the City, or Responsible or Trustee
Agencies.
• The MMRP adopted by the City for the project; the Ordinances and Resolutions
adopted by the City in connection with the proposed project; and all documents
incorporated by reference therein;
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• These Findings of Fact adopted by the City for the project, any documents
expressly cited in these Findings of Fact; and
• Any other relevant materials required to be in the record of proceedings by Public
Resources Code Section 21167.6(e).
The documents and other material that constitute the record of proceedings on which
these findings are based are located at the City of Newport Beach Community
Development Department. The custodian for these documents is the City of Newport
Beach. This information is provided in compliance with Public Resources Code Section
21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
4. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE
POTENTIALLY AFFECTED BY THE PROPOSED PROJECT
Impacts Determined to be Less Than Significant
The following impacts were evaluated in the EIR and determined to be less than
significant solely through adherence to the project design and standard conditions of the
City of Newport Beach.
Based upon the environmental analysis presented in the EIR, and the comments
received by the public on the Draft EIR, no substantial evidence was submitted to or
identified by the City indicating that the project would have an impact on the following
environmental areas:
(a) Aesthetic/Light and Glare: The project would not have a substantial adverse
effect on scenic vistas, or substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic buildings within a State
scenic highway.
(b) Air Quality: The project would not create objectionable odors affecting a
substantial number of people.
(c) Biological Resources: The project would not have a substantial adverse effect on
any special status species, sensitive natural community, federally protected
wetlands, or conflict with an adopted Habitat Conservation Plan.
(d) Cultural Resources: The project would not cause a substantial adverse change in
the significance of a historical resource, or disturb any human remains.
(e) Geology and Soils: The project would not expose people or structures to
potential substantial adverse effects from the rupture of a known earthquake
fault, and would not result in substantial soil erosion or the loss of topsoil.
(f) Greenhouse Gas Emissions: The project would not generate greenhouse gas
emissions that would have a significant impact on the environment, and would
not conflict with the plans adopted for the purpose of reducing GHG emissions.
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(g) Hazards and Hazardous Materials: The project would not create a significant
hazard to the public or the environment through the routine transport, use, or
disposal of hazardous materials; emit hazardous emissions or handle hazardous
materials within one-quarter mile of an existing or proposed school; create a
safety hazard for people residing or working in the project area as a result on
being within a private airstrip or an airport land use plan; interfere with an
adopted emergency response or evacuation plan; or expose people or structures
to wildland fires.
(h) Hydrology and Water Quality: The project would not substantially deplete
groundwater supplies or interfere with groundwater recharge; alter the existing
drainage pattern of the site that would result in substantial soil erosion or
flooding; create runoff water that would exceed the existing or planned capacity
of the stormwater drainage systems; place housing within a 100 -year floodplain;
expose people or structures to injury or death from flooding; or result in
inundation by seiche, tsunami, or mudflow.
(i) Land Use and Planning: The project would not divide an established community,
conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to, the City's General Plan
and Local Coastal Program CLUP, SCAG regional plans, Airport Environs Land
Use Plan, the California Coastal Act, or the City's Municipal Code) adopted for
the purpose of avoiding or mitigating an environmental effect, or conflict with any
applicable habitat conservation plan or natural community conservation plan.
(j) Noise: Project implementation would not generate excessive vibration levels to
nearby sensitive receptors, result in a substantial permanent increase in ambient
noise levels, or expose people residing/working in the project area to excessive
noise levels within the vicinity of a private airstrip or airport land use plan.
(k) Population and Housing: The project would not result in substantial increase in
population or housing.
(1) Public Services and Utilities: The project would not create significant impacts
related to fire protection, police protection, parks/recreation, schools, or library
services. In addition, the project would meet the City's parkland dedication
requirements, and physical impacts to recreational and park spaces would not be
significant. The project would not exceed wastewater treatment requirements or
require the construction of new stormwater drainage/water/wastewater treatment
facilities, and would have sufficient water supplies to serve the project. Lastly,
the project would be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs, and would comply with
Federal, State, and local regulations related to solid waste.
(m) Transportation and Traffic: The project -generated traffic would not conflict with an
applicable congestion management program, result in a change in air traffic
patterns, substantially increases hazards due to a design feature, result in
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inadequate emergency access, or conflict with any applicable land use plan,
policy or regulation adopted for the purpose of avoiding or mitigating an
environmental effect. Project implementation would close one existing vehicular
access point to Via Lido Plaza shopping center from 32nd Street. Lido Partners,
the owner of Via Lido Plaza, provided comments on the EIR indicating that
closing the access will negatively impact delivery truck and fire access. Two
comment letters were received from Lido Partners and written responses were
prepared and were included in the Final EIR. These comments and responses
and information presented by staff were considered by the Planning Commission
and City Council. The request to close through traffic to Via Lido Plaza at this
location is based on the applicant's need for efficient operation of the hotel's valet
parking lot and to avoid losing parking spaces. The issue of delivery truck access
and fire access was extensively evaluated and based upon the information in the
record (Draft EIR, Final EIR and information presented by staff during the
hearings); no significant impact to Via Lido Plaza or the community would result
with the project closing vehicle access from 32nd Street to Via Lido Plaza and no
mitigation measures necessary and further consideration of project alternatives
are not warranted.
5. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL
EFFECTS
The following potentially significant environmental impacts were analyzed in the EIR,
and the effects of the project were considered. As a result of environmental analysis of
the project and the identification of project design features; compliance with existing
laws, codes, and statutes; and the identification of feasible mitigation measures
(together referred herein as the Mitigation Program), all of the potentially significant
adverse impacts have been determined by the City to be reduced to a level of less than
significant, and the City has found—in accordance with CEQA Section 21081(a)(1) and
State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been
required in, or incorporated into, the project which mitigate or avoid the significant
effects on the environment. This is referred to herein as "Finding 1." Where the City has
determined—pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines
Section 15091(a)(2)—that "Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and should be, adopted
by that other agency," the City's finding is referred to herein as "Finding 2."
A. Aesthetics/Light and Glare
(1) Potential Impact: Project construction activities could temporarily degrade the
visual character/quality of the site and its surroundings.
Finding: 1. Mitigation measures would reduce visual character/quality impacts
from project construction activities to less than significant levels. The City hereby
makes Finding 1 and determines that this impact is mitigated to less than
significant.
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Facts in Support of Finding
Mitigation Measure AES -1 requires action to be taken prior to construction
activities in order to avoid adverse visual impacts from the stockpiling of
materials, construction traffic, and vehicle staging areas. Therefore, visual
character/quality impacts from construction activities would be less than
significant.
Mitiqation Measures
Mitigation Measure AES -1: Prior to issuance of any grading and/or demolition
permits, whichever occurs first, a Construction Management Plan
shall be submitted for review and approval by the Director of
Community Development. The Construction Management Plan
shall, at a minimum, indicate the equipment and vehicle staging
areas, stockpiling of materials, fencing (i.e., temporary fencing with
opaque material), and haul route(s). Staging areas shall be sited
and/or screened in order to minimize public views to the maximum
extent practicable. Construction haul routes shall minimize impacts
to sensitive uses in the City.
(2) Potential Impact: Project implementation could degrade the visual
character/quality of the site and its surroundings.
Finding: 1. Mitigation measures would reduce long-term visual character/quality
impacts from the proposed project to less than significant levels. The City hereby
makes Finding 1 and determines that this impact is mitigated to less than
significant.
Facts in Support of Finding
Mitigation Measure AES -2 requires action to be taken prior to construction
activities in order to avoid adverse long-term visual impacts from the proposed
Landscape Concept Plan and Plant Palette. Therefore, long-term visual
character/quality impacts from project implementation would be less than
significant.
Mitiqation Measures
Mitigation Measure AES -2: Prior to issuance of a building or grading permit for
new construction, the Landscape Concept Plan and Plant Palette
shall be submitted to the Director of Community Development for
review and approval. Landscaping shall complement the proposed
site design and surrounding streetscape and must also be
consistent with the Lido Village Design Guidelines.
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(3) Potential Impact: Implementation of the proposed project could generate
additional light and glare beyond existing conditions.
Finding: 1. Mitigation measures would reduce light and glare impacts from the
proposed project to less than significant levels. The City hereby makes Finding 1
and determines that this impact is mitigated to less than significant.
Facts in Support of Finding
Mitigation Measure AES -3 requires action to be taken prior to construction
activities in order to avoid adverse visual impacts from light and glare from the
proposed project. Therefore, light and glare impacts from project implementation
would be less than significant.
Mitiqation Measures
Mitigation Measure AES -3: All construction -related lighting shall be located and
aimed away from adjacent residential areas and consist of the
minimal wattage necessary to provide safety and security at the
construction site. A Construction Safety Lighting Plan shall be
approved by the Director of Community Development prior to
issuance of the grading or building permit application.
B. Air Quality
(1) Potential Impact: Short-term construction activities associated with the proposed
project could result in air pollutant emission impacts or expose sensitive
receptors to substantial pollutant concentrations.
Finding: 1. Mitigation measures would reduce impacts related to short-term
construction air emissions to less than significant levels. The City hereby makes
Finding 1 and determines that this impact is mitigated to less than significant.
Facts in Support of Finding
Mitigation Measure AQ -1 requires one or more actions to be taken prior to and
during construction activities in order to avoid adverse air quality emission
impacts. Mitigation Measure AQ -2 requires action to be taken prior to
construction activities to reduce impacts from fugitive dust from the hauling of
excavated or graded material. Therefore, short-term construction air quality
impacts would be less than significant.
Mitiqation Measures
Mitigation Measure AQ -1: Prior to issuance of any Grading Permit, the
Community Development Department shall confirm that the
Grading Plan, Building Plans, and specifications stipulate that, in
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compliance with SCAQMD Rule 403, excessive fugitive dust
emissions shall be controlled by regular watering or other dust
prevention measures, as specified in the SCAQMD's Rules and
Regulations. In addition, SCAQMD Rule 402 requires
implementation of dust suppression techniques to prevent fugitive
dust from creating a nuisance off-site. Implementation of the
following measures would reduce short-term fugitive dust impacts
on nearby sensitive receptors:
• All active portions of the construction site shall be watered
every three hours during daily construction activities and
when dust is observed migrating from the project site to
prevent excessive amounts of dust;
• Pave or apply water every three hours during daily
construction activities or apply non-toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas.
More frequent watering shall occur if dust is observed
migrating from the site during site disturbance;
• Any on-site stockpiles of debris, dirt, or other dusty material
shall be enclosed, covered, or watered twice daily, or non-
toxic soil binders shall be applied;
• All grading and excavation operations shall be suspended
when wind speeds exceed 25 miles per hour;
• Disturbed areas shall be replaced with ground cover or paved
immediately after construction is completed in the affected
area;
• Track -out devices such as gravel bed track -out aprons (3
inches deep, 25 feet long, 12 feet wide per lane and edged by
rock berm or row of stakes) shall be installed to reduce
mud/dirt trackout from unpaved truck exit routes.
Alternatively a wheel washer shall be used at truck exit
routes;
• On-site vehicle speed shall be limited to 15 miles per hour;
• All material transported off-site shall be either sufficiently
watered or securely covered to prevent excessive amounts of
dust prior to departing the job site; and
• Trucks associated with soil -hauling activities shall avoid
residential streets and utilize City -designated truck routes to
the extent feasible.
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Mitigation Measure AQ -2: All trucks that are to haul excavated or graded
material on-site shall comply with State Vehicle Code Section
23114 (Spilling Loads on Highways), with special attention to
Sections 23114(b)(F) and (e)(4) as amended, regarding the
prevention of such material spilling onto public streets and roads.
Prior to the issuance of grading permits, the Applicant shall
coordinate with the Community Development Department on
hauling activities compliance.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to air quality that are applicable to the proposed project at this time;
however, future project -specific conditions of approval may be applied to the
project by the City during the discretionary approval (site development review,
tentative tract map, etc.), subsequent design, and/or construction process.
C. Biological Resources
(1) Potential Impact: Implementation of the proposed project could interfere with
the movement of a native resident or migratory species.
Finding: 1. The City hereby makes Finding 1 and determines that this impact is
less than significant with the incorporation of the proposed mitigation measures.
Facts in Support of Finding
Mitigation Measure 13I0-1 requires all vegetation removal activities to be
scheduled outside of the nesting season to avoid potential impacts to nesting
birds; however, if vegetation removal is to occur during the nesting season, a
survey for the presence of nesting birds by a qualified biologist would be
required. Further action is required if active nests are found on-site during
nesting season. The requirements set forth in Mitigation Measures 13I0-1 would
reduce potential impacts to migratory birds to a less than significant level.
Mitiqation Measures
Mitigation Measure 13I0-1: To the extent feasible, all vegetation removal
activities shall be scheduled outside of the nesting season (typically
February 15 to August 15) to avoid potential impacts to nesting
birds. However, if initial vegetation removal occurs during the
nesting season, all suitable habitat shall be thoroughly surveyed for
the presence of nesting birds by a qualified biologist prior to
commencement of clearing. If any active nests are detected, a
buffer of at least 300 feet for raptors shall be delineated, flagged,
and avoided until the nesting cycle is complete as determined by
the City.
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RESOLUTION NO. 2015-##
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to biological resources that are applicable to the proposed project at this
time; however, future project -specific conditions of approval may be applied to
the project by the City during the discretionary approval (site development
review, tentative tract map, etc.), subsequent design, and/or construction
process.
(2) Potential Impact: The project could conflict with any local policies or ordinances
protecting biological resources, such as a tree preservation policy or ordinance.
Finding: 1. The City hereby makes Finding 1 and determines that this impact is
less than significant with the incorporation of the proposed mitigation measures.
Facts in Support of Finding
Mitigation Measure BI0-2 requires the City to locate an existing Ficus benjamina
tree or other suitable tree into a City park and dedicate the tree in the name of
William Lawrence "Billy" Covert. Mitigation Measure BI0-3 requires the City shall
to an existing tree in a very prominent location within a City park or at the new
Civic Center and dedicate it as The Freedom Tree. Mitigation Measure BI0-4
requires the City to locate an existing tree within a City park and dedicate it in the
name of Walter and Cordelia Knott, and locate an existing tree in a prominent
location within a City park or at the new Civic Center and dedicate it in honor of
the State of California. The requirements set forth in Mitigation Measures BI0-2
through BI0-4 would reduce potential impacts to biological resources to less than
significant levels.
Mitiqation Measures
Mitigation Measure 113I0-2: The City shall locate an existing Ficus benjamina
tree or other suitable tree into a City park and dedicate the tree in
the name of William Lawrence "Billy" Covert. Should an
appropriate tree not be found, the City shall attempt to transplant
the existing tree or plant a new tree of the same variety at an
appropriate location. The re -dedicated tree shall have a permanent
marker or plaque. Every effort shall be made to involve the Covert
family in this process.
Mitigation Measure 113I0-3: Because the Freedom Tree also cannot be
effectively transplanted, the City shall locate an existing tree in a
very prominent location within a City park or at the new Civic
Center and dedicate it as The Freedom Tree. An appropriate
permanent marker or plaque shall be provided and the dedication
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RESOLUTION NO. 2015-##
should be accomplished with community and veterans groups'
participation.
Mitigation Measure 113I0-4: Because the Walter Knott Tree and the California
Bicentennial Tree cannot be effectively transplanted, the City shall
locate an existing tree within a City park and dedicate it in the name
of Walter and Cordelia Knott. The City shall also locate an existing
tree in a prominent location within a City park or at the new Civic
Center and dedicate it in honor of the State of California. The re-
dedicated trees shall have permanent markers and every effort
shall be made to involve the Knott family and the community in the
process.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to biological resources that are applicable to the proposed project at this
time; however, future project -specific conditions of approval may be applied to
the project by the City during the discretionary approval (site development
review, tentative tract map, etc.), subsequent design, and/or construction
process.
D. Cultural Resources
(1) Potential Impact: The proposed project may cause a significant impact to
unknown archaeological resources that could occur on-site.
Finding: 1. The City hereby makes Finding 1 and determines that this impact is
less than significant with the incorporation of the proposed mitigation measures.
Facts in Support of Finding
Mitigation Measure CUL -1 requires a professional archaeologist and a Native
American Monitor to be retained to monitor ground -disturbing activities,
determine potential to disturb cultural resources, and halt construction activities if
necessary. The requirements set forth in Mitigation Measure CUL -1 would
reduce potential impacts to archaeological resources to less than significant.
Mitigation Measures
Mitigation Measure CUL -1: An archaeologist and a Native American Monitor
appointed by the City of Newport Beach shall be present during
earth removal or disturbance activities related to rough grading and
other excavation for utilities. If any earth removal or disturbance
activities result in the discovery of cultural resources, the Project
proponent's contractors shall cease all earth removal or
disturbance activities in the vicinity and immediately notify the City
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selected archaeologist and/or Native American Monitor, who shall
immediately notify the Director of Community Development. The
City selected archaeologist shall evaluate all potential cultural
findings in accordance with standard practice, the requirements of
the City of Newport Beach Cultural Resources Element, and other
applicable regulations. Consultation with the Native American
Monitor, the Native American Heritage Commission, and
data/artifact recovery, if deemed appropriate, shall be conducted.
City of Newport Beach Standard Conditions
The following City -adopted standard operating conditions of approval would
apply to the proposed project:
• The City of Newport Beach has standard conditions requiring a qualified
archaeologist and a paleontologist to observe construction activities and to
establish procedures for redirecting work, evaluating resources, and
recommending appropriate actions. More specific requirements have been
prepared for this project by the cultural resources consultant, and in lieu of
the standard conditions, are included in the mitigation measures above.
(2) Potential Impact: The proposed project may cause a significant impact to
unknown paleontological resources that could occur on-site.
Finding: 1. The City hereby makes Finding 1 and determines that this impact is
less than significant with the incorporation of the proposed mitigation measures.
Facts in Support of Finding
Mitigation Measure CUL -2 requires an Orange County Certified Paleontologist to
be appointed by the City of Newport Beach, and to prepare a Paleontological
Resource Monitoring and Mitigation Program prior to earth removal or
disturbance activities at the project site. The requirements set forth in Mitigation
Measure CUL -2 would reduce potential impacts to paleontological resources to
less than significant.
Mitiqation Measures
Mitigation Measure CUL -2: An Orange County Certified Paleontologist
appointed by the City of Newport Beach shall prepare a
Paleontological Resource Monitoring and Mitigation Program prior
to earth removal or disturbance activities at the project site. The
City selected paleontologist shall be present during earth removal
or disturbance activities related to rough grading and other
excavation for utilities. Paleontological monitoring shall include
inspection of exposed rock units during active excavations within
sensitive geologic sediments. If any earth removal or disturbance
activities result in the discovery of paleontological resources, the
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RESOLUTION NO. 2015-##
Project proponent's contractors shall cease all earth removal or
disturbance activities in the vicinity and immediately notify the City
selected paleontologist who shall immediately notify the Community
Development Director. The City selected paleontologist shall
evaluate all potential paleontological findings in accordance with
the Paleontological Resource Monitoring and Mitigation Program
Monitoring, standard practice, the requirements of the City of
Newport Beach Historic Resources Element, and other applicable
regulations. Upon completion of the fieldwork, the City selected
paleontologist shall prepare a Final Monitoring and Mitigation
Report to be filed with the City and the repository to include, but not
be limited to, a discussion of the results of the mitigation and
monitoring program, an evaluation and analysis of the fossils
collected (including an assessment of their significance, age,
geologic context), an itemized inventory of fossils collected, a
confidential appendix of locality and specimen data with locality
maps and photographs, and an appendix of curation agreements
and other appropriate communications.
City of Newport Beach Standard Conditions
The following City -adopted standard operating conditions of approval would
apply to the proposed project:
The City of Newport Beach has standard conditions requiring a qualified
archaeologist and a paleontologist to observe construction activities and to
establish procedures for redirecting work, evaluating resources, and
recommending appropriate actions. More specific requirements have been
prepared for this project by the cultural resources consultant, and in lieu of
the standard conditions, are included in the mitigation measures above.
E. Geology and Soils
(1) Potential Impact: The proposed project may expose people or structures to
potential substantial adverse effects involving strong seismic ground shaking.
(2) Potential Impact: The proposed project may expose people or structures to
potential substantial adverse effects associated with seismically induced
liquefaction and settlement.
(3) Potential Impact: Development of the proposed project could be located on a
geologic unit or soil that is unstable, or that would become unstable as a result of
the project.
(4) Potential Impact: The proposed project may be located on expansive soil
creating substantial risks to life or property.
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Finding: 1. The City hereby makes Finding 1 and determines that these impacts
are less than significant with the incorporation of the proposed mitigation
measures.
Facts in Support of Finding
Given the highly seismic character of the Southern California region and
proximity to active and potentially active faults, the project site would be likely to
be subject to significant ground motion, strong seismic ground shaking, and a
moderate potential for liquefaction due to seismic -induced settlement. Mitigation
Measure GEO-1 requires that all grading operations and construction associated
with the proposed project be conducted in conformance with the
recommendations included in the geotechnical investigation for the project, and
the City of Newport Beach and California Building Codes. In addition, the
geotechnical investigation provides recommendations to reduce impacts from
compressibility/static settlement, and expansive soils to less than significant
levels. Compliance with Mitigation Measure GEO-1 would ensure that risks
associated with strong seismic ground shaking, liquefaction, unstable geologic
units, and expansive soils are reduced to acceptable levels. As such, impacts
would be less than significant.
Mitiqation Measures
Mitigation Measure GEO-1: All grading operations and construction shall
be conducted in conformance with the recommendations included
in the geotechnical report for the proposed project site prepared by
GMU Geotechnical, Inc., titled Report of Geotechnical Investigation,
Lido House Hotel — City Hall Site Reuse Project, 3300 Newport
Boulevard, City of Newport Beach, California (December 4, 2013)
(included in Appendix 11.6 of this EIR and incorporated by
reference into this mitigation measure). Design, grading, and
construction shall be performed in accordance with the
requirements of the City of Newport Beach Building Code and the
California Building Code applicable at the time of grading,
appropriate local grading regulations, and the recommendations of
the project geotechnical consultant as summarized in a final written
report, subject to review by the City of Newport Beach Building
Official or designee prior to commencement of grading activities.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to geology and soils that are applicable to the proposed project at this
time; however, future project -specific conditions of approval may be applied to
the project by the City during the discretionary approval (site development
review, tentative tract map, etc.), subsequent design, and/or construction
process.
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(5) Potential Impact: Development of the proposed project could encounter
corrosive soils potentially resulting in damage to foundations and buried
pipelines.
Finding: 1. The City hereby makes Finding 1 and determines that these impacts
are less than significant with the incorporation of the proposed mitigation
measures.
Facts in Support of Finding
According to the geotechnical investigation for the project site, the soils on-site
would be very mildly corrosive to ferrous metals and possess a negligible sulfate
exposure to concrete. Consequently, metals structures in contact with the soil
may be subject to slight corrosion. Mitigation Measure GEO-1 provides
recommendations for reducing corrosion potential due to soil and groundwater.
Mitigation Measure GEO-2 requires a corrosion engineer to be consulted during
preparation of the Final Soils/Geotechnical Engineering Report for the project.
Compliance with Mitigation Measures GEO-1 and GEO-2 would reduce potential
impacts associated with corrosive soils to less than significant levels.
Mitiqation Measures
Mitigation Measure GEO-1: All grading operations and construction shall be
conducted in conformance with the recommendations included in
the geotechnical report for the proposed project site prepared by
GMU Geotechnical, Inc., titled Report of Geotechnical Investigation,
Lido House Hotel — City Hall Site Reuse Project, 3300 Newport
Boulevard, City of Newport Beach, California (December 4, 2013)
(included in Appendix 11.6 of this EIR and incorporated by
reference into this mitigation measure). Design, grading, and
construction shall be performed in accordance with the
requirements of the City of Newport Beach Building Code and the
California Building Code applicable at the time of grading,
appropriate local grading regulations, and the recommendations of
the project geotechnical consultant as summarized in a final written
report, subject to review by the City of Newport Beach Building
Official or designee prior to commencement of grading activities.
Mitigation Measure GEO-2: Prior to issuance of a building permit, the City of
Newport Beach Building Official or designee shall verify that the
City has retained the services of a licensed corrosion engineer to
provide detailed corrosion protection measures. Where steel may
come in contact with on-site soils, project construction shall include
the use of steel that is protected against corrosion. Corrosion
protection may include, but is not limited to, sacrificial metal, the
use of protective coatings, and/or cathodic protection. Additional
site testing and final design evaluation regarding the possible
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presence of significant volumes of corrosive soils on site shall be
performed by the project geotechnical consultant to refine and
enhance these recommendations. On-site inspection during
grading shall be conducted by the project geotechnical consultant
and City Building Official to ensure compliance with geotechnical
specifications as incorporated into project plans.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to geology and soils that are applicable to the proposed project at this
time; however, future project -specific conditions of approval may be applied to
the project by the City during the discretionary approval (site development
review, tentative tract map, etc.), subsequent design, and/or construction
process.
F. Hazards and Hazardous Materials
(1) Potential Impact: The proposed project could create a significant hazard to the
public or environment through accident conditions involving the release of
hazardous materials.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
Mitigation Measures HAZ-1 through HAZ-5 address known and potential
hazardous materials conditions on the project site, and would require future
characterization and remediation of hazardous materials that may exist on the
property. Implementation of applicable mitigation measures would reduce risks
associated with on-site hazardous materials to an acceptable level. Impacts,
therefore, would be less than significant.
Mitiqation Measures
Mitigation Measure HAZ-1: Prior to demolition activities, an asbestos survey
shall be conducted by an Asbestos Hazard Emergency Response
Act (AHERA) and California Division of Occupational Safety and
Health (Cal/OSHA) certified building inspector to determine the
presence or absence of asbestos containing -materials (ACMs). If
ACMs are located, abatement of asbestos shall be completed prior
to any activities that would disturb ACMs or create an airborne
asbestos hazard. Asbestos removal shall be performed by a State
certified asbestos containment contractor in accordance with the
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South Coast Air Quality Management District (SCAQMD) Rule
1403.
Mitigation Measure HAZ-2: If paint is separated from building materials
(chemically or physically) during demolition of the structures, the
paint waste shall be evaluated independently from the building
material by a qualified Environmental Professional. If lead-based
paint is found, abatement shall be completed by a qualified Lead
Specialist prior to any activities that would create lead dust or fume
hazard. Lead-based paint removal and disposal shall be performed
in accordance with California Code of Regulation Title 8, Section
1532.1, which specifies exposure limits, exposure monitoring and
respiratory protection, and mandates good worker practices by
workers exposed to lead. Contractors performing lead-based paint
removal shall provide evidence of abatement activities to the City
Engineer.
Mitigation Measure HAZ-3: Any transformers to be removed or relocated
during grading/construction activities shall be evaluated under the
purview of the local utility purveyor (Southern California Edison) in
order to confirm or deny the presence of PCBs. In the event that
PCBs are identified, the local utility purveyor shall identify proper
handling procedures regarding potential PCBs.
Mitigation Measure HAZ-4: The Contractor shall verify that all imported soils,
and on-site soils proposed for fill, are not contaminated with
hazardous materials above regulatory thresholds in consultation
with a Phase II/Site Characterization Specialist. If soils are
determined to be contaminated above regulatory thresholds, these
soils shall not be used as fill material within the boundaries of the
project site, unless otherwise specified by a regulatory agency that
has jurisdiction to oversee hazardous substance cleanup (e.g.,
Department of Toxic Substances Control, Regional Water Quality
Control Board, Orange County Health Care Agency, etc.).
Mitigation Measure HAZ-5: If unknown wastes or suspect materials are
discovered during construction by the contractor that are believed
to involve hazardous waste or materials, the contractor shall
comply with the following:
• Immediately cease work in the vicinity of the suspected
contaminant, and remove workers and the public from the
area;
Notify the Building Official of the City of Newport Beach;
• Secure the area as directed by the Building Official; and
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RESOLUTION NO. 2015-##
• Notify the Orange County Health Care Agency's Hazardous
Materials Division's Hazardous Waste/Materials Coordinator
(or other appropriate agency specified by the Community
Development Director). The Hazardous Waste/Materials
Coordinator shall advise the responsible party of further
actions that shall be taken, if required.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to existing hazardous materials contamination that are applicable to the
proposed project at this time; however, future project -specific conditions of
approval may be applied to the project by the City during the discretionary
approval (site development review, tentative tract map, etc.), subsequent design,
and/or construction process.
G. Hydrology and Water Quality
(1) Potential Impact: Grading, excavation, and construction activities associated
with the proposed project could impact water quality.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
Construction activities for the proposed project could generate soil erosion as
well as on- and off-site transport via storm run-off or mechanical equipment.
Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or
other vehicle -related fluids on the project site could create stormwater pollution
and soil contamination impacts. Mitigation Measures HWQ-1 and HWQ-2
require the project to prepare and submit a Notice of Intent, and a Storm Water
Pollution Prevention Plan (SWPPP) to the State Water Resources Board,
respectively. Mitigation Measure HWQ-3 requires the project applicant to submit
a Notice of Termination (NOT) to the SWRCB upon completion of project
construction. Implementation of applicable mitigation measures would reduce
impacts to water quality from short-term construction activities acceptable levels.
Impacts, therefore, would be less than significant.
Mitigation Measure HWQ-1: Prior to Grading Permit issuance and as part of the
project's compliance with the NPDES requirements, a Notice of
Intent (NOI) shall be prepared and submitted to the State Water
Resources Quality Control Board (SWRCB), providing notification
and intent to comply with the State of California General Permit.
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RESOLUTION NO. 2015-##
Mitigation Measure HWQ-2: The proposed project shall conform to the
requirements of an approved Storm Water Pollution Prevention
Plan (SWPPP) (to be applied for during the Grading Plan process)
and the NPDES Permit for General Construction Activities No.
CAS000002, Order No, 2009-0009-DWQ, including implementation
of all recommended Best Management Practices (BMPs), as
approved by the State Water Resources Quality Control Board
(SW RCB).
Mitigation Measure HWQ-3: Upon completion of project construction, the
project applicant shall submit a Notice of Termination (NOT) to the
State Water Resources Quality Control Board (SWRCB) to indicate
that construction is completed.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to hydrology and water quality that are applicable to the proposed project
at this time; however, future project -specific conditions of approval may be
applied to the project by the City during the discretionary approval (site
development review, tentative tract map, etc.), subsequent design, and/or
construction process.
(2) Potential Impact: Implementation of the proposed project could potentially result
in increased run-off amounts and degraded water quality.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
The project site would likely experience pollutant generation due to the proposed
land uses, potentially increasing the generation of suspended solids/sediments,
nutrients, heavy metals, pathogens, pesticides, oil and grease, toxic organic
compounds, and trash and debris. Due to the fact that the Lower Newport Bay is
listed on the 303(d) list for chlordane, copper, DDT, indicator bacteria, nutrients,
PCBs, pesticides, and sediment toxicity, and has a TMDL for metals, nutrients,
pathogens, pesticides, priority organics, and siltation, the proposed development
could have a significant adverse impact to storm water quality. Mitigation
Measure HWQ-4 requires the project applicant to submit a Final Water Quality
Management Plan to ensure long-term operational water quality impacts form the
proposed project are mitigated to acceptable levels. Therefore, impacts would
be less than significant with implementation of the applicable mitigation
measures.
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RESOLUTION NO. 2015-##
Mitigation Measure HWQ-4: Prior to issuance of a grading permit, the project
applicant shall submit a Final Water Quality Management Plan for
approval by the Building Official that complies with the
requirements of the latest Orange County Public Works Drainage
Area Management Plan.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to hydrology and water quality that are applicable to the proposed project
at this time; however, future project -specific conditions of approval may be
applied to the project by the City during the discretionary approval (site
development review, tentative tract map, etc.), subsequent design, and/or
construction process.
H. Noise
(3) Potential Impact: Grading and construction within the area could result in
significant temporary noise impacts to nearby noise sensitive receivers.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
Construction activities associated with the proposed project could temporarily
increase noise levels in the project vicinity and along nearby roadways.
Mitigation Measure N-1 would reduce short-term construction noise impacts by
requiring mobile equipment to be muffled and requiring best management
practices for hauling activities. Mitigation Measure N-1 would also implement the
City's Municipal Code Section 10.28.040, requiring construction activities to be
conducted during the City's allowable construction hours. With implementation of
applicable mitigation, impacts would be less than significant.
Mitiqation Measures
Mitigation Measure N-1: Prior to issuance of any Grading Permit or Building
Permit for new construction, Community Development Department
shall confirm that the Grading Plan, Building Plans, and
specifications stipulate that:
• All construction equipment, fixed or mobile, shall be equipped
with properly operating and maintained mufflers and other
State required noise attenuation devices.
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RESOLUTION NO. 2015-##
• The Applicant shall provide a qualified "Noise Disturbance
Coordinator." The Disturbance Coordinator shall be
responsible for responding to any local complaints about
construction noise. When a complaint is received, the
Disturbance Coordinator shall notify the City within 24 -hours of
the complaint and determine the cause of the noise complaint
(e.g., starting too early, bad muffler, etc.) and shall implement
reasonable measures to resolve the complaint, as deemed
acceptable by the City Development Services Department.
The contact name and the telephone number for the
Disturbance Coordinator shall be clearly posted on-site.
When feasible, construction haul routes shall be designed to
avoid noise sensitive uses (e.g., residences, convalescent
homes, etc.).
During construction, stationary construction equipment shall
be placed such that emitted noise is directed away from
sensitive noise receivers.
Construction activities that produce noise shall not take place
outside of the allowable hours specified by the City's Municipal
Code Section 10.28.040 (7:00 a.m. and 6:30 p.m. on
weekdays, 8:00 a.m. and 6:00 p.m. on Saturdays; construction
is prohibited on Sundays and/or federal holidays).
City of Newport Beach Standard Conditions
The following City -adopted standard operating conditions of approval would
apply to the proposed project:
The project must comply with the exterior noise standards for
residential uses of the Noise Ordinance. The exterior noise level
standard is 65 dBA between the hours of 7:00 AM and 10:00 PM
and 60 dBA between the hours of 10:00 PM and 7:00 AM. An
acoustic study shall be performed by a qualified professional that
demonstrates compliance with these standards of the Noise
Ordinance. This acoustic study shall be performed and submitted to
the Community Development Department as part of the Site
Development Review permit application for each residential
structure. If the exterior noise levels exceed applicable standards,
additional mitigation shall be required, which may include the
installation of additional sound attenuation devices as
recommended by the acoustic study and subject to the approval of
the Community Development Director.
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RESOLUTION NO. 2015-##
• The operator of the proposed commercial uses shall be responsible
for the control of noise generated by the subject facility including,
but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the
proposed use shall comply with the provisions of Chapter 10.26
and other applicable noise control requirements of the Newport
Beach Municipal Code. The maximum noise shall be limited to no
more than noise limits specified in Table 5.10-3 for the specified
time periods unless the ambient noise level is higher.
• All mechanical equipment shall be screened from view of adjacent
properties and adjacent public streets for each residential structure,
as authorized by a Site Development Review permit, and shall be
sound -attenuated in accordance with Chapter 10.26 of the Newport
Beach Municipal Code, Community Noise Control.
• The City of Newport Beach Municipal Code Chapter 10.32, Sound -
Amplifying Equipment requires a permit for use of any sound -
amplifying equipment and regulates the volume so sound -
amplifying equipment is not a nuisance to persons. The use of
sound -amplifying equipment is prohibited outdoors between the
hours of 8:00 PM and 8:00 AM.
I. Transportation and Traffic
(1) Potential Impact: Project construction would not cause a significant increase in
traffic for existing conditions when compared to the traffic capacity of the street
system.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
Construction activities associated with the proposed project would generate
traffic as a result of equipment being transported to the site and vehicular traffic
related to construction works and delivery of materials to the project site.
Construction related trips associated with trucks and employees traveling to and
from the project site may result in minor traffic delays within the project area.
Mitigation Measure TRA -1 would require implementation of a construction
management plan, consisting of a variety of measures to minimize traffic and
parking impacts upon the local circulation system. Implementation of Mitigation
Measure TRA -1 would reduce potential short-term traffic impacts from project
construction to less than significant levels.
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RESOLUTION NO. 2015-##
Mitigation Measures
Mitigation Measure TRA -1: Prior to Issuance of any grading and/or demolition
permits, whichever occurs first, a Construction Management Plan
shall be submitted for review and approval by the Community
Development Department/City Traffic Engineer. The Construction
Management Plan shall, at a minimum, address the following:
• Traffic control for any street closure, detour, or other disruption
to traffic circulation.
• Identify the routes that construction vehicles will utilize for the
delivery of construction materials (i.e., lumber, tiles, piping,
windows, etc.), to access the site, traffic controls and detours,
and proposed construction phasing plan for the project.
• Specify the hours during which transport activities can occur
and methods to mitigate construction -related impacts to
adjacent streets.
• Require the Applicant to keep all haul routes clean and free of
debris, including but not limited to gravel and dirt as a result of
its operations. The Applicant shall clean adjacent streets, as
directed by the City Engineer (or representative of the City
Engineer), of any material which may have been spilled,
tracked, or blown onto adjacent streets or areas.
• Hauling or transport of oversize loads shall be allowed
between the hours of 9:00 AM and 3:00 PM only, Monday
through Friday, unless approved otherwise by the City
Engineer. No hauling or transport will be allowed during
nighttime hours, weekends, or Federal holidays.
• Use of local streets shall be prohibited.
• Haul trucks entering or exiting public streets shall at all times
yield to public traffic.
• If hauling operations cause any damage to existing pavement,
streets, curbs, and/or gutters along the haul route, the
applicant shall be fully responsible for repairs. The repairs
shall be completed to the satisfaction of the City Engineer.
• All constructed -related parking and staging of vehicles shall be
kept out of the adjacent public roadways and shall occur on-
site or in public parking lots.
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RESOLUTION NO. 2015-##
This Plan shall meet standards established in the current California
Manual on Uniform Traffic Control Device (MUTCD) as well as City
of Newport Beach requirements.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to project construction traffic that are applicable to the proposed project at
this time; however, future project -specific conditions of approval may be applied
to the project by the City during the discretionary approval (site development
review, tentative tract map, etc.), subsequent design, and/or construction
process.
(2) Potential Impact: Implementation of the project would not conflict with the
requirements of Newport Beach municipal code chapter 20.40, off-street parking.
Finding: 1. The City hereby makes Finding 1 and determines that this impact
would be reduced to less than significant levels with the incorporation of the
proposed mitigation measures.
Facts in Support of Finding
Mitigation Measure TRA -2 requires the implementation of a Parking Management
Plan that would include restricted parking, time limit parking, parking guide
signage, and addresses staff parking to ensure that parking is managed on-site.
Implementation of Mitigation Measure TRA -2 would reduce potential impacts
associated with parking supply during peak demand to a less than significant
level.
Mitigation Measures
Mitigation Measure TRA -2: Prior to issuance of Certificates of Occupancy, the
applicant shall submit a Parking Management Plan for review and
approval by the Community Development Department. The
Parking Management Plan shall, at a minimum, include the
following and be implemented at all times:
• Restrict all on-site parking spaces to either a time limit or a
valet parking arrangement.
• Restrict access to on-site parking areas (with the exception of
visitor parking by the hotel lobby) to either valet staff, or guests
and visitors only through a manned gate, a gate with intercom
access, or a gate that reads the room keys.
• Restrict parking for in -demand parking spaces by time limits.
The time limit should apply from 6:00 AM to 6:00 PM Monday
through Friday.
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RESOLUTION NO. 2015-##
• Post signs at locations where motorists can be redirected from
curb parking or desirable parking areas to convenient off-
street lots and structures.
• Encourage on-site employee parking by providing free parking
on-site or providing incentives for using alternative modes of
transportation, such as providing free or discounted bus
passes; an employee bike rack, entering employees who take
the bus, carpool, walk, or ride a bicycle in a monthly raffle;
providing a monthly stipend for bicycle commuting; providing
carpool parking spaces, or other incentives.
City of Newport Beach Standard Conditions
There are no specific City -adopted standard operating conditions of approval
related to parking that are applicable to the proposed project at this time;
however, future project -specific conditions of approval may be applied to the
project by the City during the discretionary approval (site development review,
tentative tract map, etc.), subsequent design, and/or construction process.
6. FINDINGS REGARDING ALTERNATIVES
A. Alternatives Considered and Rejected During the Scoping/Project
Planning Process
In addition to the guidance cited above regarding purpose and contents of an analysis
of alternatives to a proposed project, CEQA Guidelines Section 15126.6(c) states that
an EIR should identify alternatives that were considered for analysis but rejected as
infeasible and briefly explain the reasons for their rejection. According to the CEQA
Guidelines, the following factors may be used to eliminate alternatives from detailed
consideration: the alternative's failure to meet most of the basic project objectives, the
alternative's infeasibility, or the alternative's inability to avoid significant environmental
impacts. One alternative that has been considered and rejected as infeasible is
discussed below.
• One alternative that has been considered and rejected as infeasible is the
Alternative Location Alternative. The project site is available for development
because it is a vacant and underutilized site within the City of Newport Beach.
It is unlikely that the Applicant would be able to acquire another property
within the City on which to develop a project of similar size and scale to that
currently proposed. In addition, no significant and unavoidable impacts have
been identified to be associated with the proposed project. Therefore,
considering development of the project at an alternative location would serve
no purpose. Furthermore, it is a key objective of the proposed project, and a
key aspect of its design, to enhance the Lido Village area. As such, this
alternative has been rejected from further consideration by the City.
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RESOLUTION NO. 2015—##
B. Alternatives Selected for Analysis
Based on the criteria listed above, the following three alternatives, in addition to the
required No Project Alternative, were determined to represent a reasonable range of
alternatives that could potentially attain most of the basic objectives of the project and
have the potential to avoid or substantially lessen one or more of the significant effects
of the project. These alternatives are analyzed in detail in the following sections.
• No Project/No Build Alternative
• No Project/Existing General Plan Land Use Designation Alternative
• Reduced Density Alternative
• Mixed Use Alternative
An EIR must identify an "environmentally superior" alternative, and where the No
Project Alternative is identified as environmentally superior, the EIR is required to
identify as environmentally superior an alternative from among the others evaluated.
Each alternative's environmental impacts are compared to the proposed project and
determined to be environmentally superior, neutral, or inferior. However, only significant
and unavoidable impacts are used in making the final determination of whether an
alternative is environmentally superior or inferior to the proposed project. However, no
impacts analyzed in the Draft EIR were found to be significant and unavoidable after the
imposition of mitigation. Subsection 7.4 in Chapter 7, Alternatives, of the Draft EIR
identifies the environmentally superior alternative.
The proposed project is analyzed in detail in Chapter 7 of the DEIR.
1. Alternatives Comparison
Table 1, Comparison of Impacts Associated with the Alternatives and Impacts of the
Proposed Project, below, provides a summary matrix that compares the impacts
associated with the project with the impacts of each of the proposed alternatives.
Table 1
Comparison of Impacts Associated with the Alternatives and Impacts of the Proposed Project
'11
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Alternative 2:
No Project/Existing
Alternative 1:
General Plan Land
Alternative 3:
Alternative 4
Project Impact
No Project/No Build
Use Designation
Reduced Density
Mixed use
Aesthetics/Light
Less Than Significant
Less
Less
(Less Than
Similar
Similar
and Glare
with Mitigation
(Less Than
Significant)
(Less Than
(Less Than
Significant)
Significant)
Significant)
Air Quality
Less Than Significant
g
Less
(Less Than
Less
(Less Than
Less
( Less Than
Greater (Potentially
with Mitigation
Significant)
Significant)
Significant)
Impact)
Significant P )
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RESOLUTION NO. 2015—##
a) No Project/No Build Alternative
Description: In accordance with the CEQA Guidelines, the No Project/No Build
Alternative for a development project on an identifiable property consists of the
circumstance under which the project does not proceed. Section 15126.6(e)(3)(B) of
the CEQA Guidelines states that, "in certain instances, the No Project/No Build
Alternative means `no build' wherein the existing environmental setting is maintained."
Accordingly, for purposes of this analysis, the No Project/No Build Alternative
(Alternative 1) assumes that no new development would occur within the project site.
The No Project/No Build Alternative would retain the project site in its current condition.
With this Alternative, the City Hall Complex would remain vacant and unimproved
although the City would likely continue very limited use of existing buildings suitable of
occupancy. The existing 60,600 square feet of administration/office floor area would not
43
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Alternative 2:
No Project/Existing
Alternative 1:
General Plan Land
Alternative 3:
Alternative 4
Project Impact
No Project/No Build
Use Designation
Reduced Density
Mixed use
Biological
Less Than Significant
Less
Similar
(Less Than
Similar
Similar
Resources
with Mitigation
(Less Than
Significant)
(Less Than
(Less Than
Significant)
Significant)
Significant)
Cultural
Less Than Significant
Less
Similar
Similar
Similar
Resources
with Mitigation
(Less Than
(Less Than
Significant)
(Less Than
(Less Than
Significant)
Significant)
Significant)
Geology and
Less Than Significant
Less
Similar
(Less Than
Similar
Similar
Soils
with Mitigation
(Less Than
Significant)
(Less Than
(Less Than
Significant)
Significant)
Significant)
Greenhouse Gas
Emissions
Less Than Significant
Less
(Less Than
Less
(Less Than
Less
(Less Than
Greater (Potentially
Significant)
Significant)
Significant)
Significant Impact)
Hazards and
Less Than Significant
Less
Similar
Similar
Similar
Hazardous
with Mitigation
(Less Than
(Less Than
(Less Than
(Less Than
Materials
Significant)
Significant)
Significant)
Significant)
Hydrology and
Less Than Significant
Greater (Potentially
Similar
(Less Than
Similar
Similar
Water Quality
with Mitigation
Significant Impact)
Significant)
(Less Than
(Less Than
Significant)
Significant)
Land Use and
Less
Less
Similar
Similar
Relevant
Less Than Significant
(Less Than
(Less Than
(Less Than
(Less Than
Planning
Significant)
Significant)
Significant)
Significant)
Noise
Less Than Significant
g with Mitigation
Less
(Less Than
Less
(Less Than
Similar
LThan
(Less
Greater (Potentially
Significant)
Significant)
Significant)
Impact)
Significant p )
Public Services
Less
Similar
Similar
Similar
and Utilities
Less Than Significant
Less Than
(Significant)(
(Less ThanLess
Than
( Less Than
Significant)
Significant)
Significant)
Traffic and
Less Than Significant
g
Less
Similar
(Less Than
Less
Greater (Potentially
Circulation
with Mitigation
( Less Than
Significant)
(LTh
(Less an
Impact)
Significant p )
Significant)
Significant)
a) No Project/No Build Alternative
Description: In accordance with the CEQA Guidelines, the No Project/No Build
Alternative for a development project on an identifiable property consists of the
circumstance under which the project does not proceed. Section 15126.6(e)(3)(B) of
the CEQA Guidelines states that, "in certain instances, the No Project/No Build
Alternative means `no build' wherein the existing environmental setting is maintained."
Accordingly, for purposes of this analysis, the No Project/No Build Alternative
(Alternative 1) assumes that no new development would occur within the project site.
The No Project/No Build Alternative would retain the project site in its current condition.
With this Alternative, the City Hall Complex would remain vacant and unimproved
although the City would likely continue very limited use of existing buildings suitable of
occupancy. The existing 60,600 square feet of administration/office floor area would not
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RESOLUTION NO. 2015-##
be removed. The existing landscaping would be retained and maintained. Public open
spaces consisting of pedestrian plazas, landscape areas, and other amenities would not
be constructed along Newport Boulevard or 32nd Street. None of the improvements as
part of the Lido House Hotel would be constructed. Under the No Project/No Build
Alternative, the land use, zoning, and CLUP categories would not be amended.
Environmental Effects: A full discussion of the No Project/No Build Alternative's
environmental impacts as compared to the proposed project is set forth in Subsection
7.1.1 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated by
reference. In comparison to the proposed project, as shown above in Table 1, the No
Project/No Build Alternative would reduce impacts to aesthetics/light and glare, air
quality, biological resources, cultural resources, geology and soils, greenhouse gas
emissions, hazards and hazardous materials, land use and relevant planning, noise,
public services and utilities, and traffic and circulation. Water quality impacts under this
Alternative would be greater than the proposed project. Overall, the No Project/No Build
Alternative would have less environmental impacts than the proposed project.
Ability to Achieve Project Objectives: The No Project/Development Alternative would not
attain any of the project's basic objectives. An iconic development that would revitalize
the Lido Village and create a pedestrian oriented development would not be
constructed. Shopping, dining, assembly opportunities, publically accessible open
space, and visitor accommodations for visitor and residents of Newport Beach would
not be provided on the project site. The No Project/No Build Alternative would also not
create City revenue through lease payments and transient occupancy tax.
Feasibility: Since the No Project/No Build Alternative would allow the existing City Hall
Complex to remain vacant and unimproved, the feasibility of this Alternative would rely
on the economic feasibility of indefinite operation of these uses. No changes to the
existing conditions would occur, and all operations would continue indefinitely.
Finding: In comparison to the proposed project, the No Project/No Build Alternative
would reduce impacts to aesthetics/light and glare, air quality, biological resources,
cultural resources, geology and soils, greenhouse gas emissions, hazards and
hazardous materials, land use and relevant planning, noise, public services and utilities,
and traffic and circulation. Water quality impacts under this Alternative would be greater
than the proposed project. This alternative would fail to fully meet any of the project
objectives. Overall, the No Project/No Build Alternative would have fewer environmental
impacts than the proposed project, making it the environmentally superior alternative.
However, since the No Project/No Build Alternative fails to meet any of the project
objectives, it has been rejected by the City in favor of the proposed project.
b) No Project/Existing General Plan Land Use Designation Alternative
Description: The "No Project/Existing General Plan Land use Designation" Alternative
proposes development of what would be reasonably expected to occur in the
foreseeable future if the project were not approved, based on the property's current
General Plan land use and zoning designations of "Public Facilities." The Public
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RESOLUTION NO. 2015-##
Facilities Zoning District is intended to provide for areas appropriate for public facilities,
including community centers, cultural institutions, government facilities,
libraries, public hospitals, public utilities, and public schools. Neither the General Plan
nor the Zoning Code (Title 20 of the Newport Beach Municipal Code) identifies a
maximum development density or intensity for this use, but requires a Minor Use Permit
(MUP). The City does not currently have a need for municipal offices at this location
and does not plan to relocate the police station to the project site. Additionally, the City
sent a notice of surplus land to the school district, affordable housing advocates, and
park districts in accordance with Section 54222 of the Government Code and did not get
a response. Therefore, this Alternative assumed a development of 60,600 square feet
of municipally -sponsored uses that could include government offices, community
meeting rooms, and parking necessary to support on-site uses of a similar development
intensity as the former City Hall Complex. The development associated with this
alternative would include the demolition of the existing outdated structures, and would
construct a new modern facility that would serve the community for meetings,
recreation, and ancillary uses.
Environmental Effects: A full discussion of the No Project/Existing General Plan Land
Use Designation Alternative's environmental impacts compared to those of the
proposed project is set forth in Subsection 7.1.2 in Chapter 7, Alternatives, of the Draft
EIR, which is hereby incorporated by reference. In comparison to the proposed project,
as shown above in Table 1, the No Project/Existing General Plan Land Use Designation
Alternative would reduce impacts to aesthetics/light and glare, air quality, greenhouse
gas emissions, land use and relevant planning, and noise. Biological resources, cultural
resources, geology and soils, hazards and hazardous materials, hydrology/water
quality, public services and utilities, and traffic and circulation impacts would be similar
to the proposed project.
Ability to Achieve Project Objectives: The No Project/Existing General Plan Alternative
would not attain the project's fundamental objective to revitalize the Lido Village and
create a pedestrian oriented development. Shopping, dining, assembly opportunities,
publically accessible open space, and visitor accommodations for visitors and residents
of Newport Beach would not be provided on the project site.
Feasibility: Although the No Project/Existing General Plan Land Use Alternative would
be physically feasible, it may not be economically feasible. It is uncertain whether this
Alternative would yield a reasonable return on investment, as The No Project/No Build
Alternative would also not create City revenue through lease payments and transient
occupancy tax and is therefore less desirable than the proposed project.
Finding: This Alternative would not meet any of the project's objectives. It would reduce
environmental impacts to aesthetics/light and glare, air quality, greenhouse gas emissions,
land use and relevant planning, and noise. However, it would result in similar impacts
related to biological resources, cultural resources, geology and soils, hazards and
hazardous materials, hydrology/water quality, public services and utilities, and traffic and
circulation. Also, because it does not include the development of a hotel, this Alternative it
would not require a General Plan Amendment, CLUP Amendment, Zoning Code
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RESOLUTION NO. 2015-##
Amendment, or a Conditional Use Permit. Moreover, it would not create City revenue
through lease payments and transient occupancy tax, and may be economically infeasible.
For these reasons, the City finds that the proposed project is preferred over this
Alternative.
c) Reduced Density Alternative
Description: Under the Reduced Density Alternative, proposes the development of a
hotel use on the project site that would have approximately 108 rooms and would be three
floors. The Reduced Density would have the same basic building footprint, architecture,
open space areas, and vehicular access as the proposed project. The development
associated with this alternative would include the demolition of the existing outdated
structures. Under the Reduced Density Alternative, the land use, zoning, and CLUP
categories would still need to be amended similar to the proposed project.
Environmental Effects: A full discussion of the Reduced Density Alternative's
environmental impacts compared to those of the proposed project is set forth in
Subsection 7.2 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated
by reference. In comparison to the proposed project, as shown above in Table 1, the
Reduced Density Alternative would reduce impacts to air quality, greenhouse gas
emissions, and traffic and circulation. Aesthetics/light and glare, biological resources,
cultural resources, geology and soils, hazards and hazardous materials,
hydrology/water quality, land use and relevant planning, noise, and public services and
utilities impacts would be similar to the proposed project.
Ability to Achieve Project Objectives: The Reduced Density Alternative would attain
all of the project's objectives provided it is financially viable. As with the proposed
project, a reduced density hotel project would help revitalize the Lido Village area and
create a pedestrian oriented development. Shopping, dining, assembly opportunities,
publically accessible open space, and visitor accommodations for visitors and residents
of Newport Beach would also be provided on the project site but to a lesser degree
when compared to the proposed project.
Feasibility: As with the proposed project, the Reduced Density Alternative would be
economically feasible. However, the Reduced Density Alternative would create less City
revenue through lease payments and transient occupancy tax.
Finding: The Reduced Density Alternative would reduce impacts to air quality,
greenhouse gas emissions, and traffic and circulation. Impacts related to
aesthetics/light and glare, biological resources, cultural resources, geology and soils,
hazards and hazardous materials, hydrology/water quality, land use and relevant
planning, noise, and public services and utilities would be similar to the proposed
project. While this Alternative would attain all of the project's objectives provided it is
financially feasible, it would create less City revenue through lease payments and
transient occupancy tax. For these reasons, the City finds that the proposed project is
preferred over this Alternative.
21-54
RESOLUTION NO. 2015-##
d) Mixed Use Alternative
Description: The Mixed Use Alternative would remove the existing City Hall Complex and
include the development of 99 multifamily dwelling units and 15,000 square feet of
commercial uses on the project site. Based on the number of dwelling units and
commercial space, the potential building footprint would likely be similar to the proposed
project and building heights would also be similar. This alternative would amend the
General Plan, CLUP, and Zoning Code designations from "Public Facilities" for the project
site.
Environmental Effects: A full discussion of the Mixed Use Density Alternative's
environmental impacts compared to those of the proposed project is set forth in
Subsection 7.3 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated
by reference. In comparison to the proposed project, as shown above in Table 1, the
Mixed Use Alternative would result in greater impacts related to air quality, greenhouse
gas emissions, noise, and traffic and circulation. Aesthetics/light and glare, biological
resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology/water quality, land use and relevant planning, and public services and utilities
impacts would be similar to the proposed project. This Alternative would not reduce any
impacts compared to the proposed project.
Ability to Achieve Project Objectives: The Mixed Use Alternative would attain the
project's objective to revitalize the Lido Village by creating a pedestrian -oriented
development; however, it would have a lesser overall economic impact to the
community. Shopping, dining, assembly opportunities, publically accessible open
space, and visitor accommodations for visitors and residents of Newport Beach would
not be provided on the project site.
Feasibility: As with the proposed project, the Mixed Use Alternative would be
economically feasible. However, the Mixed Use Alternative would not create City
revenue through the transient occupancy tax.
Finding: The Mixed Use Alternative would result in greater impacts related to air
quality, greenhouse gas emissions, noise, and traffic and circulation. Impacts related to
aesthetics/light and glare, biological resources, cultural resources, geology and soils,
hazards and hazardous materials, hydrology/water quality, land use and relevant
planning, and public services and utilities impacts would be similar to the proposed
project. While this Alternative would attain all of the project's objectives, it would have a
lesser overall economic impact to the community, and would not create City revenue
through the transient occupancy tax. For these reasons, the City finds that the
proposed project is preferred over this Alternative.
47
21-55
RESOLUTION NO. 2015—##
EXHIBIT C
General Plan Amendment No. GP2012-002 (PA2012-031)
A. Amend Table LU1 of the Land Use Element of the General Plan to add the
following land use category:
"Visitor-Servinq Commercial, Lido Villaqe (CV -LV)
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 City
of Newport Beach. A fire station is allowed in its current location. Limited Use
Overnight Visitor Accommodations and residences are not allowed."
B. Amend Table LU -2 to add Anomaly Location #85 as shown in the following
table:
Table
LU2 Anomaly
Locations
Anomaly
Statistical
Land Use
Development
Limits
Development Limit
Additional Information
Number
Area
Designation
Other
Accessory commercial
floor area is allowed in
conjunction with a hotel
and it is included within
85
B5
CV -LV
98,725 sf of hotel
the hotel development
limit. Municipal facilities
are not restricted or
included in any
development limit.
All existing provisions within Table LU -2 remain unchanged
21-56
RESOLUTION NO. 2015-##
C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard &
475 32nd Street only as depicted in the following diagram:
All related maps or diagrams within the General Plan shall be amended to maintain
consistency with the new land use category and Anomaly Location #85 as shown
above. Additionally, any maps or diagrams within the General Plan that label the site
as "City Hall" shall be removed from the General Plan. Labeling the new City Hall
site as "City Hall" on any General Plan map or diagram is also authorized.
49
21-57
RESOLUTION NO. 2015—##
EXHIBIT D
Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031)
A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land
use category:
Table 2. 1.1 -1 Land Use Plan Categories
Land Use Category Uses Density/Intensity
The CV -LV category is intended to allow for
a range of accommodations (e.g. hotels, 98,725 gross square feet not
CV -LV motels, hostels), goods, and services including a fire station. A fire
Visitor -Serving intended to primarily serve visitors to the station may not occupy more
Commercial — City of Newport Beach. A fire station is than 10% of the total project
Lido Village allowed in its current location. Limited Use
site.
Overnight Visitor Accommodations and
residences are not allowed.
All other existing provisions within Table 2.1.1-1 remain unchanged.
50
21-58
RESOLUTION NO. 2015-##
B. Amend Coastal Land Use Plan Map 1 and Figure 2.1.5-1, as it relates to 3300
Newport Boulevard & 475 32nd Street only as depicted in the following
diagram:
MU- MU H
CN MU -H MU-
PF
- MU-'
i
F
Coastal Land Use Plan 150 300
t
�c�aWP�4 � Feet
e A> Amendment
LC2012-001
Document Name, PA2012-031LCP Amendment CV LV Lido Nouse
All related maps or diagrams within the Coastal Land Use Plan shall be amended to
maintain consistency with the new land use category as shown above. Additionally,
any maps or diagrams within the Coastal Land Use Plan that label the site as "City
Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall
site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized.
51
21-59
RESOLUTION NO. 2015-##
C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site:
"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.
• With the exception of a fire station, 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.
A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment.
52
21-60
Attachment B
Draft Ordinance
21-61
ORDINANCE NO. 2015 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2012-003 FOR THE FORMER
CITY HALL COMPLEX LOCATED AT 3300 NEWPORT
BOULEVARD AND 475 32ND STREET (PA2012-031)
WHEREAS, On April 24, 2012, the City of Newport Beach (City) initiated amendments
of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (collectively,
Amendments) with respect to the former City Hall Complex (Property), legally described in
Exhibit A, attached hereto and incorporated by reference, located at the northeast corner of
the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475
32nd Street;
WHEREAS, the Amendments change the land use categories and zoning district from
Public Facilities to Mixed Use. Additionally, the CLUP amendment modifies Policy 4.4.2-1
allowing buildings to exceed the 35 -foot Shoreline Height Limit;
WHEREAS, pursuant to Section 65352.3 of the California Government Code, the
appropriate tribal contacts identified by the Native American Heritage Commission were
provided notice of the proposed General Plan Amendment on October 4, 2012. The City
received an inquiry from one tribal representative. The Native American representative
indicated that he could coordinate monitoring services during grading/construction if it is
determined that such monitoring is required. The tribal representative did not indicate any
knowledge of the presence of any significant cultural or archaeological resources on the
Property. The Property is located within a highly developed area and has been completely
disturbed. As such, impacts related to archaeological resources are not expected to occur.
However, in the unlikely event that buried cultural resources or human remains are
discovered during excavation activities, Mitigation Measure CUL -1 requires an archeologist
and Native American Monitor be present during earth removal or disturbance activities
related to rough grading and other excavation for utilities, and as such, a less than significant
impact would occur in this regard;
WHEREAS, on April 25, 2013, the City sent a surplus land notice consistent with
California Government Code Section 54222. No entities expressed an interest in acquiring
the Property for the development of affordable housing, parks and open space, or schools;
WHEREAS, the Planning Commission held a public hearing on August 11, 2014, in
the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice
of the time, place and purpose of the public hearing was provided in accordance with the
California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the project comprising the Draft Environmental
Impact Report (DEIR), Final Environmental Impact Report (FEIR) which consists of
Responses to Comments, and Mitigation Monitoring and Reporting Program (MMRP), the
draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence,
1
21-62
ORDINANCE NO. 2015 -
both written and oral, were presented to and considered by the Planning Commission at
these hearings;
WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No.
1952 by a vote of 5-0 recommending certification of the Lido House Hotel Final EIR
(Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014-003, SCH
No. 2013111022) the Former City Hall Amendments (PA2012-031) and Lido House Hotel
(PA2013-217).
WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution No.
1953 by a vote of 5-0 recommending approval of the Former City Hall Amendments
(Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012-031) without
a mixed-use/residential component and approval of the Lido House Hotel (PA2013-217);
WHEREAS, on September 9, 2014, in the City Hall Council Chambers, at 100 Civic
Center Drive, Newport Beach, California, the City Council held a public hearing to consider the
Amendments and a FEIR prepared for the project. A notice of the time, place and purpose of
the public hearing was provided in accordance with CEQA and the NBMC;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-80
certifying the Lido House Hotel FEIR No. ER2014-003 (SCH No. 2013111022) to be in
compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-81
approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan
Amendment No. LC 2012-001. These amendments were adopted contingent upon approval
by the California Coastal Commission;
WHEREAS, on September 23, 2014, the City Council adopted Ordinance No. 2014-16
adopting Zoning Code Amendment No. CA2013-003;
WHEREAS, on September 24, 2014, the City submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission;
WHEREAS, on October 7, 2015, the California Coastal Commission certified the City's
application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed
CLUP land use category and Policy 4.4.2-1. The suggested modifications changed the
proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido
Village. This change in policy language allows for the same range of allowed commercial
uses as the City -approved amendment and prohibits all forms of timeshares or fractional
ownership visitor accommodations. The modification also does not increase development
intensity beyond what the City authorized. The suggested modifications to CLUP Policy
4.4.2-1 provided increased setbacks from streets and limited the area and size of structures
that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more
restrictive than the City -approved amendment but still allows the proposed Lido House Hotel;
2
21-63
ORDINANCE NO. 2015 -
WHEREAS, the certified FEIR showed that the proposed project would not result in
any significant and unavoidable impacts and all potential impacts would be reduced to a less
than significant level with the incorporation of several mitigation measures. Although the
proposed amendments have changed from "mixed-use" to "visitor -serving commercial," the
modified amendments: 1) do not change the development potential or intensity of use; 2) do
not significantly change allowed uses; and 3) are more restrictive in terms of setbacks and
structure heights. Therefore, modifying the previously approved amendments consistent with
the Coastal Commission's suggested modifications are not substantial and the FEIR does not
require revisions as the changes to the project do not result in new impacts or increases in
the severity of impacts previously identified and addressed in the certified Lido House Hotel
FEIR (SCH No. 2013111022);
WHEREAS, on November 5, 2015, the Planning Commission held a public hearing in
the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider
modifications of the Amendments as a result of the Coastal Commission's action. A notice of
the time, place and purpose of the hearing was provided in accordance with the NBMC.
Evidence both written and oral was presented to and considered by the Planning Commission
during the hearing. At the conclusion of the hearing, the Planning Commission adopted
Resolution No. 1999 by a vote of 4 ayes, 0 noes, 2 absent and 1 abstaining recommending
approval of the revised Amendments making them consistent with the suggested
modifications from the California Coastal Commission;
WHEREAS, on November 24, 2015, the City Council held a public hearing in the City
Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider the
revised Amendments. A notice of the time, place and purpose of the hearing was provided in
accordance with Newport Beach Municipal Code. Evidence both written and oral was
presented to and considered by the City Council during the hearing;
WHEREAS, Amendments to the General Plan are legislative acts. Neither the City nor
State Planning and Zoning Law set forth any required findings for either approval or denial of
such Amendments otherwise found to be within the public interest;
WHEREAS, the Property is located in proximity to commercial services, recreational
uses, and transit opportunities with routine bus service provided along Newport Boulevard.
The proposed General Plan Amendment provides for variety of land uses for the site
including a luxury hotel that will promote revitalization of the Lido Village area while ensuring
neighborhood compatibility. The proposed hotel will serve visitors and residents and increase
access opportunities in the Coastal Zone;
WHEREAS, the proposed amendment of Coastal Land Use Plan Policy 4.4.2-1, as
modified as suggested by the California Coastal Commission, to provide an exception to the
35 -foot height limit of the Shoreline Height Limitation Zone is necessary and appropriate to
accommodate the proposed intensity of use, significant open space on the site and the
project's lack of impact to public views. This finding is based upon the public view impact
analysis within Section 5.2 (Aesthetics Light/Glare) of the Lido House Hotel FEIR showing
that there will not be a significant impact to protected public views from General Plan and
Coastal Land Use Plan designated vantages. Additionally, there are no public views through
the Property from abutting roadways and public spaces; and
3
21-64
ORDINANCE NO. 2015 -
WHEREAS, Pursuant to CEQA Guidelines Section 15091, the City Council has
reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as adopted
in City Council Resolution No. 201549, entitled Findings and Facts in Support of Findings for
the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse No.
2013111022, which findings shall be incorporated herein by reference.
WHEREAS, Pursuant to CEQA Guidelines Section 15062, the changes to the project
are not substantial, as they do not involve new significant effects or a substantial increase in
the severity of previously identified significant effects, and therefore, a subsequent EIR does
not need to be prepared.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 2: The City Council of the City of Newport Beach hereby rescinds
Ordinance No. 2014-16 as it is not consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0831-3 with suggested modifications.
Section 3: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "CV -LV" Zoning District within Table 1-1 as follows with all other existing
provisions of Section 20.14.020 and Table 1-1 remaining unchanged.
Table 1-1 Commercial Zoning Districts
Zoning Map
Zoning Districts
General Plan Land Use Designations
Symbol
Implemented by Zoning Districts
CV -LV
Commercial Visitor -Serving,
CV -LV (Visitor -Serving Commercial -
Lido Village
Lido Village)
Section 4: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public
Facilities) to CV -LV (Commercial Visitor-Serving—Lido Village) and establish Anomaly #85 as
depicted in Exhibit B. All related zoning maps or diagrams shall be amended to maintain
consistency with the new zoning district. Additionally, any maps or diagrams within Zoning
Code that label the site as "City Hall," said label shall be removed from the Zoning Map and
labeling the site of the new City Hall located at 100 Civic Center Drive as "City Hall" on any
Zoning Map or diagram is authorized.
Section 5: Amend Section 20.20.010 (Purposes of Commercial Zoning Districts) to
add Subsection J as follows with all other existing provisions of Section 20.20.010 remaining
unchanged:
J. The CV -LV (Commercial Visitor -Serving -Lido Village) zoning district. This district
applies to the former City Hall complex located at the northeast corner of the
intersection of Newport Boulevard and 32nd Street. The CV -LV designation provides
E
21-65
ORDINANCE NO. 2015 -
for a range of accommodations (e.g. hotels, motels, hostels), goods, and services
intended to primarily serve visitors to the City of Newport Beach and a fire station.
Limited Use Overnight Visitor Accommodations and residential uses are not allowed.
Section 6: Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts
Land Uses and Permit Requirements) to add allowed uses and establish permit requirements
for the CV -LV zoning district within Table 2-5 as highlighted in yellow in Exhibit C with all
other existing provisions of Section 20.20.020 remaining unchanged.
Section 7: Amend 20.22.030 (Commercial Zoning Districts General Development
Standards) to add development standards for the CV -LV zoning district within Table 2-7 as
highlighted in yellow in Exhibit C with all other existing provisions of Section 20.20.030
remaining unchanged.
Section 8: 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,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
in the official newspaper of the City, and the ordinance shall become final and effective upon
the effective date of approval by the California Coastal Commission of the Coastal Land Use
Plan Amendment (LC2012-001).
5
21-66
ORDINANCE NO. 2015 -
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 24th day of November, 2015, and adopted on the 8th day of
December, 2015, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A,, � I) , (
AARON C -HARP, CITY ATTORNEY
Edward D. Selich, Mayor
1101
21-67
EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION:
ORDINANCE NO. 2015 -
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.
PARCEL 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
32"D 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.
7
21-68
ORDINANCE NO. 2015 -
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
89'15'30" 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
0
21-69
ORDINANCE NO. 2015 -
Exhibit B
Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the
zoning district of 3300 Newport Boulevard and 475 32nd Street and establish
Anomaly #85 as follows.
�i
4'
Dccumonl Nome'
MU -W2
U -W2
M U -6915TH .S2._
)15TH..STZ /. /
Is
`�CV71 5TH . tJ /
0 150 30C
Feel
Zoning Code Amendment
CA2012-003 e
rdmenl CV tV W,) Housa
Anomaly
Development
Limits
Development Limit
Other
Additional Information
Number
Accessory commercial floor area is
allowed in conjunction with a hotel and it
85
98,725 sf of hotel
is included within the hotel development
limit. Municipal facilities are not restricted
or included in any development limit.
Exhibit C
E
21-70
ORDINANCE NO. 2015 -
Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) to add allowed uses and establish permit requirements for
the new CV -LV zoning district within Table 2-5 highlighted in Yellow as follows:
10
21-71
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52,020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
land use definitions.
CC
CC
CM
CN
CV
CV -LV
Specific Use
Regulations
See Chapter 20.12 for
unlisted uses.
Industry, Manufacturing and Processing, and Warehousing Uses
Handicraft Industry
P
P
P
P
P
P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities
CUP
CUP
CUP
CUP
CUP
CUP
Commercial Recreation and
CUP
CUP
CUP
CUP
CUP
CUP
Entertainment
Cultural Institutions
P
P
MUP
—
P
Schools, Public and Private
—
CUP
CUP
CUP
CUP
—
Retail Trade Uses
Alcohol Sales (oft sale)
MUP
MUP
MUP
MUP
MUP
MUP
Section
20.4&.030
Alcohol Sales (off -sale),
P
P
P
P
P
P
Accessory Only
Bulk merchandise
—
P
—
P
—
—
Marine Rentals and Sales
Boat Rentals and Sales
CUP
CUP
CUI'
I'
Marine Retail Sales
P
P
I'
P
1'
Retail Sales
P
P
P
P
—
Visitor -Serving Retail
P
—
P
P
Service Uses—Business, Financial, Medical, and Professional
ATM
P
P
P
P
P
P
Emergency Health Facility/Urgent
MUP
MUP
MUP
Care (above l st floor only)
Financial Institutions and Related
P
P
—
P
P
P
Services
10
21-71
;f1:4071101ul9MIEelW.x1m
11
21-72
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allotsed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Offices—Corporate (above 1st
1'
P
P
1'
—
—
floor only)
Offices—Business
P
P
P
P
P
P
Offices—Medical and Dental
P
P
-
P
P
—
Offices—Professional (above 1st
P
P
P
P
P
—
floor only)
Outpatient Surgery Facility
MUP
MUP
P
—
—
—
(above 1st floor only)
Service Uses --General
Ambulance Services
—
MUP
—
—
—
—
Animal Sales and Services
Animal Boarding/Kennels
CUP
CUP
--
CUP
—
—
Section
20.48.050
Animal Grooming
P
P
—
P
P
—
Section
20.48.050
Animal Retail Sales
1'
P
P
P
—
Section
20.48.050
VeterinaryServiccs
Cll'
CI- 11
CLT
—
Section
20.48.050
Artists' Studios
I'
I'
P
P
P
P
Catering Services
Day Care, General
MUP
MUP
M lll'
MUP
Forting and Drinking Establishments
Accessory Food Service
P
P
P
P
P
P
Section
(open to public)
20.48.090
Bats, Lounges, and
CUP
CUP
CUP
CUP
CUP
—
Section
Nightclubs
20.48.090
Fast Food (no late hours)
P/MUP
P/MUP
P/MUP
P/MUP
PIMUP
P/MUP
Section
(1)(2)
20.48.090
Fast Food (with late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1 )
1
1
1
1
1
120.48.090
Food Service (no alcohol, no
PIMUP
P/MUP
P/MUP
PIMUP
P/MUP
P/MUP
Section
11
21-72
ORDINANCE NO. 2015 -
it
21-73
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN I
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
late hours) (1)(2)
20.48.090
Food Service (no late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (with late
CUP
CUP
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.090
Take -Out Service, Limited
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
PIMUP
Section
(2)
20.48.090
Funeral Homes and Martuaries,
—
MUP
—
—
—
—
without crematorium
Funeral Homes and Mortuaries,
—
CUP
—
with crematorium
Health/Fitness Facilities
Small -2,000 sq. ft. or less
P
P
P
P
P
P
large—Over 2,000 sq. ft.
MUP
MUP
IVIUP
MUP
MUP
Laboratories
—
P
—
—
Maintenance and Repair Services
P
P
P
Marine Services
Boat Storage
Clip
Boat Yards
CUP
Entertainment and
—
P
P
P
Title 17
Excursion Services
Marine Service Stations
CUP
CUP
Water Transportation
MUP
MUP
Services
Massage Establishments
MUP
MUP
--
MUP
MUP
MUP
Chapter
5.50
Section
20.48.120
Massage Services, Accessory
MUP
MUP
1%1UP
MUP
MUP
Section
20.48.120
Nail Salons
P
P
P
P
P
it
21-73
ORDINANCE NO. 2015 -
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Rilght
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CG
C%I
C`'
CV
CV -LV
Specific Use
Regulations
Personal Services, General
P
P
--
P
P
P
Personal Services, Restricted
MUP
MUP
MUP
MUP
Studio
P
P
P
P
Postal Services
P
P
P
P
—
Printing and Duplicating Services
P
P
—
P
—
—
Recycling Facilities
Collection Facility Small
MUP
MUP
—
MUP
—
—
Section
20.48.160
Smoking Lounges
—
—
—
—
—
—
Visitor Accommodations
Bed and Breakfast Inns
IUP
`IUP
MUP
MUP
CUP
Section
20.48.060
Hotels and Motels
CUP
CUP
CIDP
—
CUP
CUP
RV Paris
—
CUP
Time Share Facilities
—
CUP
—
CUP
—
Section
20.48.220
SRO Residential Hotel
CUP
CUP
CUP
CUP
CUP
—
Transportation, Communications, and Infrastructure Uses
Communication Facilities
MUP
P
4l UP
P
P
Marinas
Title 17
Marina Support Facilities
—
—
MUP
—
MUP
—
Parking Facilities
MUP
MUP
MUP
MUP
MUP
MUP
Parking Structure, adjacent to
residential zoning district
CUP
CUP
—
CUP
CUP
CUP
Utilities, Minor
P
P
P
P
P
P
Utilities, Major
CUP
CUP
CUP
CUP
CUP
CUP
Wireless Telecommunication
CUP/MUP/L
CUPIMUP/L
CUPIMUP/L
CUPIMUP/L
CUP/MUP/
CUP/MUP/
Chapter
93
21-74
ORDINANCE NO. 2015 -
14
21-75
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minur Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
- Not allowed
Land Use
See Part 7 of this title for
land use definitions,
CG
CNI
Ci`
CV
CV -LV
Specific Use
Regulations
See Chapter 20.12 for
unlisted uses.
Facilities
'IT
1 1'
I P
TP
LTP
LTP
20.49
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
General
—
CUP
—
—
CUP
—
Office Only
P
P
P
P
P
—
Limited
P
P
P
P
—
Vehicles for Hire
CUP
CUP
Vehicle/Equipment Repair
General
—
CUP
Limited
Imlip
41UP
IUP
Vehicle/Equipment Sales
General
—
CUP
Office Only
P
P
P
P
P
—
Limited
—
P
—
—
—
—
Vehicle/Equipment Services
Automobile
—
MUP
—
MUP
MUP
—
Washing/Detailing, full
service
Automobile
P
P
—
P
MUP
—
Washing/Detailing, self-
service or accessory
Service Stations
CUP
CUP
—
CUP
CUP
—
Section
20.48.210
Other Uses
Accessory Structures and Uses
P
P
P
P
P
P
Drive -Through Facilities
MUP
MUP
MUP
MUP
MUP
—
Section
20.48.080
Special Events
Chapter 11.03
14
21-75
ORDINANCE NO. 2015 -
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use pennit shall be required for any use that maintains late hours.
iN
21-76
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
Cc
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Outdoor Storage and Display
h
P
P
P
P
MUP
Section
20.48.140
Temporary Uses
I l I'
UIP
LTP
LTP
LTP
LTP
Section
20.52.040
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use pennit shall be required for any use that maintains late hours.
iN
21-76
ORDINANCE NO. 2015 -
Exhibit D
Amend 20.20.030 (Mixed -Use Zoning Districts General Development Standards) to
add development standards for the new CV -LV zoning district within Table 2-7
highlighted in Yellow as follows:
21-77
___F_CG
Additional
Development Feature
CC
CM
CN
CV
CV -LV Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot
Lot Area (1)
5,000 sq. ft.
10,000 sq. ft.
NIA
20,000 sq. ft.
NIA
10,000 sq. ft.
Lot Width
25 ft.
50 ft.
NIA
100 ft.
NIA
50 ft.
Setbacks
Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback
Areas) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
0
0
0
Newport Blvd:
1 ft. for below
grade structures
20 ft. for
structures up to 35
feet in height
60 ft. for
structures over 35
feet in height
Side (interior, each):
Abutting
0
0
0
0
0
1 ft. for below
nonresidential
grade structures
5 ft. for above
grade structures
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Side (Street side)
0
0
0
0
0
32nd Street:
I ft. for below
grade structures
I ft. for structures
up to 35 feet in
height
70 ft. for
structures over 35
feet in height (4)
Via Oporto:
0
Rear.
Abutting an alley
10 ft.
t0 ft.
l0 ft.
10 ft.
10 ft.
5 ft.
Not abutting an
0
0
0
0
0
0
alley
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Open Space
NIA
NIA
NIA
NIA
NIA
20%
Bulkhead Setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district.
Floor Area Ratio (2) (3)
The specific floor area limitations for each zoning district are identified on the Zoning Map.
Height
Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and
Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible
increase in height limit.
21-77
ORDINANCE NO. 2015 -
Additional
Development Feature CC CG 2015 -
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.310.5 is shown on the Zoning Map, the FAR maybe increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
( Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32"' Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures maybe up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
17
21-78
CM
CN
CV
CV -LV
Requirements
Within Shoreline Height
55 ft. with flat
Limit Zone
roof, less than
26 ft. with flat roof; less than 3112 pitch
3/12 roof pitch
60 ft. with sloped
31 ft. with sloped roof; 3112 or greater pitch
roof, 3112 roof
pitch or greater
20.30.060
(5)(6)
Not within Shoreline
32 ft. with flat roof; less than 3112 pitch
See CLUP Policy
4.4.2-1
NIA
Height Limit Zone
37 ft. with sloped roof, 3112 or greater pitch
Within High Rise Height
Area (See Figure H-1,
300
NIA
attached to the ordinance
codified in this title).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Ofd Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.310.5 is shown on the Zoning Map, the FAR maybe increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
( Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32"' Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures maybe up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
17
21-78
Attachment C
Budget Amendment
21-79
City of Newport Beach
BUDGET AMENDMENT
2015-16
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
NO. BA- 16BA-012
AMOUNT:1 $1,415,232.00
X Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase expenditure appropriations in the General Fund to record a transfer to the new FiiN Fund and to increase
revenue estimates in the new FiiN Fund from the developer per the Memorandum of Understanding with the Coastal
Commission.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
010
164
REVENUE ESTIMATES
Org
16403
16403
Object Description
300000 General Fund - Fund Balance
300000 FiiN Fund - Fund Balance
Object Description
691164 FiiN Fund - Transfer In FiiN Fund
561005 FiiN Fund - Private Contributions
EXPENDITURE APPROPRIATIONS
Org Number
Object Number
/
Signed: Z/'91
Signed
Signed
Description
010 General Fund
991010 Transfer Out General Fund
F�rrancial Approval; Finance Di or
AdmRs rative Approval:—City09nager
City Council Approval: City Clerk
Amount
Debit Credit
$975,000.00
$1,415,232.00
$975,000.00
$440,232.00
$975,000.00
Automatic System Entry.
Date
Date
Date
21-80
Attachment D
Coastal Commission letter dated October 20, 2015
21-81
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
{562) 590-5071
October 20, 2015
City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Major LCP Amendment Request No. 3-14 (LCF-5-NPB-14-0831-3)
Dear Councilpersons:
You are hereby notified that the California Coastal Commission, at its October 7, 2015 meeting in
Long Beach, certified. City of Newport Beach Local Coastal Program (LCP) Amendment No. 3-14
with suggested modifications. LCP Amendment No. 3-14, submitted with City Council Resolution
No. 2014-81, would amend the Coastal Land Use Plan to change the land -use designation (CLUP
Table 2.1.1-1 and Mapl) for the 4.25 -acre former City Hall site located at 3300 Newport Boulevard,
and adopt limited exceptions to the 35 -foot height limitation set forth in the Shoreline Height
Limitation Zone.
Pursuant to the Commission's action on October 7, 2015, certification of the City of Newport Beach
LCP Amendment No. 3-14 is subject to the attached suggested modifications (Attachment A).
Therefore, LCP Amendment No. 3-14 will not be effective for implementation in the City's coastal
zone until: 1) the City Council adopts the Commission's suggested modifications, 2) the City
Council forwards the adopted suggested modifications to the Commission by resolution, and, 3) the
Executive Director certifies that the City has complied with the Commission's October 7, 2015
action. The Coastal Act requires that the City's adoption of the suggested modifications be
completed within six months of the Commission's action.
Thank you for your cooperation and we look forward to working with you and your staff in the
future. Please contact Amber Dobson at (562) 590-5071 with questions regarding the modifications
required for effective certification of the City of Newport Beach LCP Amendment No. 3-14.
Sincerely,
7ikk, — -
Karl Schwing
District Manager
Attachment A: Suggested Modifications A -C
cc. Kimberly Brandt AICD, Community Development Director
21-82
Attachment A
Certification of Land Use Plan Amendment No. 3-14 is subject to the following modifications
A through C. Text added by the suggested modification is bolded, and text suggested to be
deleted by the California Coastal Commission is stpdec tlueugh. Only those specific
subsections of the LUP for which modifications are being suggested are shown below.
A. Table 2.1:1-1- Land Use Plan Categories
Modify Table 2.1.1-1 as follows:
B. Coastal Land Use Plan Map 1, Figure 2.1.5-1
Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams
within the CLUP to maintain consistency with the new CV -LV land use category), as it relates to the
former City Hall Complex (3300 Newport Boulevard & 475 32nd Street) to designate the former City
Hall Complex with the CV -LV (Visitor -Serving Commercial -- Lido Village) land use designation.
Page 1 of 2
21-83
c.
Land Use
Uses
Density/Intensity
Category
A.— AAT ateger is Wended to , .ide- f � the
leyel...,,,-:ef4 ami3E of user W- ie „,
fi 7'
Aif,,,-.ieipa F b lkies a
a TT W7E6�i-fliTicrcisrrC-BTm�n�riiurvr�r'r,•�ccrdzii�$�'
CV -LV
,aa+ien, e, eepmer.+
Wee s e:. 6 .. .... o .. al ,
„al,
The CV -LV category isIntended to allow for:'
98,725'gross square feet .'
Visitor -Serving
a range of accommodations (e.g. hotels,
het,�.q-fiot including a fire
Commercial =
motels, hostels), goods, and services intended
station, Afire -station -ma y
Lido Village
to primarily serve visitors to the City of
not occupy more :than
Newport Beach. A fire stationis allowed in its
10%.of the total prefect
current location. Limited Use Overnigh#
site.
Visitor Accommodations and residences are
not allowed.
Note: The CV -LV
(Visitor Serving Commercial — Lido Village) category applies
to the former City Hall
Complex that includes Fire Station 92 (3300 Newport Boulevard and 475 32" J
Street).
B. Coastal Land Use Plan Map 1, Figure 2.1.5-1
Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams
within the CLUP to maintain consistency with the new CV -LV land use category), as it relates to the
former City Hall Complex (3300 Newport Boulevard & 475 32nd Street) to designate the former City
Hall Complex with the CV -LV (Visitor -Serving Commercial -- Lido Village) land use designation.
Page 1 of 2
21-83
C. Coastal Land Use Plan Policy 4.4.2-1 (Shoreline Height Limitation Zone)
Modify CLUP Policy 4.4.2-1, 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. [Section A (Marina Park) is not currently before the Commission as part of this L UP
amendment. The height limit exception for Marina Park, as certified pursuant to City
of Newport Beach LCP Amendment No. 1-12, is contained in City Council Resolution
No. 2013-44, May 28, 2013.]
B-. [Section B (Back Bay Landing) is not currently before the Commission as part of this
L UP amendment. The height limit exception for Back Bay Landing is the subject of
City of Newport Beach LCP Amendment No. 2-14, which will come before the
Commission at a future meeting.]
E:
B. Former City Hall Complex at 3300 Newport Blvd and 475 32"d 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 pears of sloping roofs and
elevator towers up to 60 feet in height, provided it is demonstrated that
development does not adversely material! impact public views. Peaks an s! ",NR
ef reefs and eleyffter t& eeed 55 feet by up te 5 feet and
Architectural features such as domes, towers, cupolas, spires, and similar structures
may exceed 55 f et by 10 f 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.
• With the exception of a fire station, 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 32"d Street right-
of-way.
ight-
of� - T
A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment.
The purpose of allowing limited exceptions to the 35 -foot height limit on this site is to
promote vertical clustering resulting in increased publically accessible on-site open space
and architectural diversity while protecting existing coastal views and providing new
coastal view opportunities.
Page 2 of 2
21-84
Attachment E
Notice of Intent to Issue Permit
21-85
STATEOFCALTFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, )R., GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
200 OCEANGATF- 14TH FLOOR
LONG BFACH, CALIFORMA 90802-4416
PH (562) 590-5071 FAX (562) 590-5084
W W W.COASTAL,CA.GOY
Page 1
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS
NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT
("CDP"), A Coastal Development Permit for the development described below has been approved
but is not yet effective. Development on the site cannot commence until the CDP is effective. In
order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the
applicant must sign and return the CDP. Commission staff cannot issue the CDP until the
applicant has fulfilled each of the "prior to issuance" _Special Conditions. A list of all the Special
Conditions for this permit is attached.
The Commission's approval of the CDP is valid for two years from the date of approval. To prevent
expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign
the CDP, and commence development within two years of the approval date specified below. You
may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code
Regs. title 14, section 13169.
On October 7, 2015, the California Coastal Commission approved Coastal Development Permit No.
5-14-1785 requested by Olson Real Estate Group, Inc., Dba R. D. Olson Development subject to
the u, cilked conditions, for developnier>t consisting oL Demolish the existing public faciiities
structure (former City Hall) and construct a new 4 -story (up to 65 feet high), 130 -room hotel,
with 856 sq. ft, of retail and 148 parking spaces. Reconfigure the public street parking on 32nd
street. 6,640 cubic yards of grading, more specifically described in the application filed in the
Commission offices. Commission staff will not issue the CDP until the "Prior to issuance"
special conditions have been satisfied.
The development is within the coastal zone at: 3300 Newport Blvd, Newport Beach (Orange
County) (APN(s): 423-111-02)
If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP
No. 5-14-1785, please contact the Coastal Program Analyst identified below.
21-86
Page 2
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Sincerely,
Charles Lester
Executive Director
i
kf
Amber Dobson
Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this Notice and fully understands its contents,
including all conditions imposed.
Date
Permittee
Please sign and return one copy of this form to the Commission office at the above address.
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not
corn.•ne;<cs until a copy of the permit, signed by the permittee or authorized -agent, acknowledging
receipt of the permit and acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, then permit will expire two years from the date
on which the Commission voted on the application. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the
Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee files with
the Commission and affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and
21-87
Page 3
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
it is the intention of the Commission and the permittee to bind all future owners and possessors of
the subject property to the terms and conditions.
SPECIAL CONDITIONS:
This permit is granted subject to the following special conditions:
1. FUTURE DEVELOPMENT
This permit is only for the development described in Coastal Development Permit 5-14-1785: a
130 -room hotel with a maximum gross floor area of 98,725 square feet, including meeting space,
retail floor area, restaurants, and a roof top bar. Pursuant to Title 14 California Code of
Regulations section 13253(b)(6), the exemptions otherwise provided in Public Resources Code
section 30610 (b) shall not apply to the development governed by the coastal development
permit No. 5-14-1785. Accordingly, any future improvements to the structure authorized by this
permit, including but not limited to changes in square footage or height of the hotel, conversion
of common space, lobbies, or storage areas to guest rooms and vice versa, number of guest
rooms, number of on-site parking spaces, and repair and maintenance identified as requiring a
permit in Public Resources section 30610(d) and Title 14 California Code of Rcgulations
sections 13252(a) -(b), shall require an amendment to Permit 5-14-1785 from the Commission or
shall require an additional coastal development permit from the Commission or from the
applicable certified local government.
2. PARKING AND TRANSPORTATION PLANS
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall provide for review and approval by the Executive Director, a transportation demand
management program as follows:
(1) The applicant shall provide and maintain a minimum of 148 parking stalls on the site to
serve the approved development. Valet parking service is allowed in order to increase
the number of vehicles that can be stored on the site. All available parking shall be
shared among and equally available to all of the patrons, employees, and other users of
the buildings, and no parking spaces shall be assigned for exclusive use, with exception
of required ADA parking, including valet service.
(2) The applicant shall actively encourage employee participation in a Ride
Sharing/Carpooling program and shall offer coordination services free of charge.
(2) A public transit fare reimbursement program shall be implemented by the applicant. The
system shall be in effect for at least a 30 -year period. The applicant shall provide for a
minimum of 50% reimbursement to 100% of the employees of the development for
public transit fare to and from work. Posters, brochures and registration materials of the
program shall be available to employees at all times. Employees shall be informed of the
program upon orientation and annually thereafter.
Page 4
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
(3) The applicant shall provide a bicycle parking area for a minimum of 30 bicycles, free of
charge, on the property. All bicycle parking spaces shall be shared among and equally
available to all of the patrons, employees, and other users of the buildings.
(4) The applicant shall implement a publicity program, the contents (posters, brochures and
registration materials, etc.) of which is subject to the review and approval of the
Executive Director, that indicates how the future occupants of the development will be
made aware of the provisions of this special condition. The publicity program shall be
implemented during the first month of occupancy of the new development and annually
thereafter.
(5) The applicant shall provide shuttle service between John Wayne Airport and the project
site for all guests of the hotel.
(6) If the onsite parking lot is not free of charge, a validation program for members of the
public utilizing onsite commercial uses shall be provided, offering a discounted parking
rate.
The permittee shall undertake the development in accordance with the approved program. Any
proposed changes to the approved program shall be reported to the Executive Director. No
changes to the program shall occur without a Coastal Commission approved amendment to this
coastal development permit unless the Executive Director determines that no amendment is
required.
�. CONSTRUCTION AND DEMOLITION PLAN
PRIOR TO THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall
submit a Construction and Demolition Plan to the Executive Director for review and approval.
The plan shall identify the specific location of all construction areas, all staging areas, and all
construction access corridors in site plan view. Construction and demolition staging zones shall
be limited to the minimum area required to implement that approved project, and to minimize
construction encroachment on public areas. The plan shall also identify the type and location of
erosion control/water quality best management practices that will be implemented during
construction to protect coastal water quality, including the following:
a) No construction materials, debris, or waste shall be placed or stored where it may enter a
storm drain or be subject to wave erosion and dispersion;
b) Any and all debris resulting from construction activities shall be removed from the project
site within 24 hours of completion of construction;
c) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to
prevent spillage and/or runoff of construction -related materials, and to contain sediment or
contaminants associated with construction activity, shall be implemented prior to the on -set
of such activity. BMPs and GHPs which shall be implemented include, but are not limited
to: stormdrain inlets must be protected with sandbags or berms, all stockpiles must be
21-89
Page 5
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
covered, and a pre -construction meeting should be held for all personnel to review procedural
and BMP/GHP guidelines. Selected BMPs shall be maintained in a functional condition
throughout the duration of the project.
d) Construction debris and sediment shall be properly contained and secured on site with BMPs,
to prevent the unintended transport of sediment and other debris into coastal waters by wind,
rain or tracking. Construction debris and sediment shall be removed from construction areas
as necessary to prevent the accumulation of sediment and other debris which may be
discharged into coastal waters. Debris shall be disposed at a debris disposal site outside the
coastal zone.
e) Silt fences, or the equivalent, shall be installed at the perimeter of the construction site to
prevent construction related runoff and/or sediment from discharging onto the nearby
waterways.
f) Equipment washing, refueling, and/or servicing shall not take place on the project site. All
construction equipment shall be inspected and maintained at an offnsite location to prevent
leaks and spills of hazardous materials at the project site.
g) The construction site shall maintain good construction housekeeping controls and procedures
(for example, clean up all leaks, drips, and other spills immediately; keep materials covered
and out of the rain, including covering exposed piles of soil and waste; dispose of all waste
properly, place trash in receptacles onsite for that purpose and cover open trash cans when
not in use).
h) All erosion and sediment controls shall be in place prior to the commencement of
construction as well as at the end of each work day.
i) Any required dewatering of the site due to groundwater intrusion; or percolating surface
water, during construction or post -construction will require filters to be installed on all
dewatering pumps and sump pumps. Such dewatering shall comply with the State of
California Regional Water Quality Control Board or the Sanitary District discharge
requirements.
A copy of the approved Construction and Demolition Plan shall be kept at the construction job
site at all times and all persons involved with the construction shall be briefed of its content and
meaning prior to the commencement of demolition/construction. The permittee shall notify
Commission staff at least 3 working days in advance of commencement of the demolition and
construction, and immediately upon completion of construction. The permittee shall undertake
the approved development in accordance with the approved Construction and Demolition Plan.
Any proposed changes to the approved plan shall not occur without a Commission amendment
this coastal development permit unless the Executive Director determines that no amendment is
necessary.
4. WATER QUALITY MANAGEMENT PLAN
21-90
Page 6
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall
submit for the review and approval of the Executive Director, a Water Quality Management Plan
(WQMP) for the post -construction project site, prepared by a licensed water quality professional,
and shall include plans, descriptions, and supporting calculations. The WQMP shall incorporate
structural and non-structural Best Management Practices (BMPs) designed to reduce, to the
maximum extent practicable, the volume, velocity and pollutant load of stormwater and dry
weather flows leaving the developed site. In addition to the specifications above, the plan shall
be in substantial conformance with the following requirements:
a) Post -development peak runoff rates and average volumes shall not exceed pre -
development conditions.
b) Appropriate structural and non-structural BMPs shall be designed to treat or filter the
runoff from all surfaces and activities on the development site.
c) Post -construction structural BMPs (or suites of BMPs) should be designed to treat or
filter the amount of stormwater runoff produced by all storms up to and including the
85th percentile, 24-hour storm event for volume -based BMPs, and/or the 85th percentile,
1 -hour storm event, with an appropriate safety factor (i.e., 2 or greater), for flow -based
BMPs.
d) Runoff from all roofs and parking areas shall be collected and directed through a system
structural BMPs of vegetated areas and/or gravel filter strips or other vegetated or media
filter devices. The filter elements shall be designed to 1) trap sediment, particulates and
other solids and 2) remove or mitigate contaminants through infiltration and/or biological
uptake. The drainage system shall also be designed to convey and discharge runoff in
excess of this standard from the building site in a non-erosive manner.
e) The WQMP shall provide for the treatment of runoff from the parking surfaces using
appropriate structural and non-structural BMPs. At a minimum this must include a filter
designed specifically to minimize vehicular contaminants (oil, grease, automotive fluids,
heavy metals), sediments, and floatables and particulate debris.
f) The applicant shall regularly sweep -the parking surfaces on a weekly basis, in order to
prevent dispersal of pollutants that might collect on those surfaces.
g) The detergents and cleaning components used on site shall comply with the following
criteria: they shall be phosphate -free, biodegradable, and non-toxic to marine wildlife;
amounts used shall be minimized to the maximum extent practicable; no fluids containing
ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye shall be
used;
h) The applicant shall not spray down or wash down the parking lot or surrounding
sidewalks unless the water used is directed through the sanitary sewer system or a filtered
drain. No car washing shall be permitted in the parking lot.
i) All BMPs shall be operated, monitored, and maintained for the life of the project and at a
minimum, all structural BMPs shall be inspected, cleaned -out, and where necessary,
repaired at the following minimum frequencies: (1) prior to October 15th each year; (2)
during each month between October 15`h and April 15a' of each year and, (3) at least
twice during the dry season.
j) Debris and other water pollutants removed from structural BMP(s) during clean-out shall
be contained and disposed of in a proper manner;
21-91
Page 7
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
k) It is the applicant's responsibility to maintain the drainage system and the associated
structures and BMPs according to manufacturer's specification.
1) Water from the pool and spa shall not enter any stormdrains without proper treatment.
m) Provide a detailed description and flows of the "Flow Through" system in the parking lot
area.
n) Provide clarification of the Fire Station parking lot permeability.
o) Adequate curb cut size, number, and placement called out on the plans.
p) The center of the parking areas and graded areas shall be constructed to adequately drain
toward infiltration zones.
q) Finished grade of landscaping areas should be at a lower elevation dw-the surrounding
impermeable areas.
The permittee shall undertake development in accordance with the final plan. Any proposed
changes to the final plan shall be reported to the Executive Director. No changes to the final
plan shall occur without a Commission amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
5. GENERAL OCCUPANCY REQUIREMENT
By acceptance of this permit, all hotel facilities shall be open to the general public, except for the
pool and spa which may be restricted to hotel guests. The hotel shall be operated as a bon fide
hotel. No timeshare or other fractional ownership or long-term occupancy of units is permitted
without an amendment to this permit. Rooms may not be rented to any individual, family, or
other related group for more than 29 consecutive days or in accordance with any local
government limitations on length of hotel stay.
6. LOWER COST OVERNIGHT ACCOMMODATIONS MITIGATION
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant
shall provide evidence, in a form and content acceptable to the Executive Director, that a fee of
$42,120 per unit for 25% (32 units) of the total number of high cost overnight accommodations
(? 30 high cost hotel rooms) in the approved project, plus a 5% administrative fee, has been paid
to an accepting entity as described further below, in lieu of providing lower cost overnight
accommodations on site.
A. The required in -lieu mitigation fee of $1,415,232.00 (herein `fee') shall be deposited into an
interest-bearing account, to be established and managed by one of the following entities
approved by the Executive Director of the Coastal Commission (herein `ED'): the City of
Newport Beach, the California Coastal Conservancy, Hostelling International USA, California
4 Department of Parks and Recreation, or a similar ED -approved entity, in support of providing
y' lower cost overnight visitor -serving accommodations such as RV park sites, hostel beds, tent
�} campsites, cabins or campground units, and/or lower cost overnight accommodation
opportunities in conjunction with an outdoor youth educational program (further described in
subsection B of this condition), within the vicinity of Newport Beach or greater Orange County.
The entire fee and accrued interest (herein `funds') shall be used for the above stated purpose in
consultation with the ED. All development funded by this account will require review and
approval by the ED and a coastal development permit, if a permit is required. The funds shall be
21-92
Page 8
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
used in their entirety within ten years of the fee being deposited into the interest-bearing account
established and managed by the accepting entity (or entities). If any portion of the funds remain
in the account after ten years and the ED determines the funds should be reassigned, those funds
shall be donated to an agency or non-profit entity, to be selected by the ED, providing lower cost
overnight accommodations in the Southern California coastal zone to be used for the above
stated purpose.
B. Subject to review and approval of the ED, the City of Newport Beach (herein `City') may
receive some or all of the funds if the City establishes a program to utilize the funds to provide
lower cost overnight accommodation opportunities (in new or existing facilities) in conjunction
with an outdoor youth educational program (herein `Program'), in a content and form acceptable
to the ED. The Program shall provide overnight accommodations and educational and
recreational opportunities for disadvantaged youth from Title 1 schools, as defined in the
Elementary and Secondary Education Act, as amended, by providing an outdoor camp -like
experience during the academic school year. The funds for the Program will provide for the
expenses directly related to the overnight stays and coastal -dependent recreational opportunities
such as kayaking, boating, etc. If the City receives some or all of the funds, then the additional
5% administrative fee to the mitigation funds will provide for City staff costs to manage the
program annually. The Program will serve a minimum of 350 students per year, provide a
minimum of 3 -night stays, and will operate a minimum of 10 years from the commencement of
the Program based upon an initial funding. The educational component will focus on ocean
safety, coastal and marine ecology, coastal hazards, and/or other coastal -related topics and the
Program will include water -oriented recreational activities such as kayaking, boating, swimming
or surfing, etc. An annual report on Program accomplishments and finances, as well as any
recommended changes and/or expansions to the Program, shall be transmitted to the ED for the
first 10 years of the Program, or for as long as the funds last, whichever is longer. The Program
may be expanded to accommodate more students, and/or more camp sites, and/or more seasons
of the year, and can be extended past the initial 10 years if existing funds allow or additional
funding is available. Expansion and/or other changes to the program are subject to the review
and approval of the ED, or the Commission itself if the ED determines an amendment or new
permit is required.
C. If the City does not enter into a memorandum of understanding (MOU) with the Coastal
Commission as required in subsection D and implement the above outlined Program within 24
months of issuance of this permit 5-141785 all funds shall be assigned to another entity
approved by the ED, in order to be used for the purposes stated in subsection A above.
D. Prior to expenditure of any funds required pursuant to this condition, the ED shall review and
approve in writing, the proposed use of the funds as being consistent with the intent and ,purpose
of this condition. In addition the entity accepting the funds required by this condition shall enter
into a MOU with the Commission, which shall include, but not be limited to, the following: 1) a
description of how the funds will be used to provide lower cost overnight accommodations
and/or the Program identified in subsection B, above, in the coastal zone; 2) the terms provided
in subsection A, and/or B, if applicable, of this condition; and 3) an agreement that the entity
accepting the funds will obtain all necessary regulatory permits and approvals, including but not
21-93
Page 9
October 28, 2015
Permit Application No.: 5-14-1785
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
limited to, a coastal development permit; 4) the entity accepting the funds will commence
development of the lower cost overnight accommodations and/or Program identified in
subsection B, above, within 36 months of the MOU date of effectiveness. The ED may extend
the above -identified deadlines, in writing, for good cause.
i. LANDSCAPING: DROUGHT TOLERANT, NON-INVASIVE PLANTS
By acceptance of this permit, newly landscaped areas onsite shall only consist of drought tolerant
plants native to coastal Orange County and appropriate to the habitat type. Native plants shall be
from local stock wherever possible. No plant species listed as problematic and/or invasive by the
California Native Plant Society (hM://www.CNPS.org , the California Invasive Plant Council
(formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.orgD, or as may be
identified from time to time by the State of California shall be employed or allowed to naturalize
or persist on the site. No plant species listed as a "noxious weed" by the State of California or
the U.S. Federal Government shall be utilized within the property. All plants shall be low -water -
use plants as identified by California Department of Water Resources
(httv://www.water.ca.gov/wateruseefficiency/docs/wucolsOO.p!Lo.
8. DEED RESTRICTION
PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS
COASTAL DEVELOPMENT PERMIT, the landowner shall execute and record a deed
restriction, in a form and content acceptable to the Executive Director: (1) indicating that,
pursuant to this permit, the California Coastal Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and enjoyment of that
property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing all
Standard and Special Conditions of this permit as covenants, conditions and restrictions on the
use and enjoyment of the Property. The restriction shall include a legal description of the
landowner's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment
or termination of the deed restriction for any reason, the terms and conditions of this permit shall
continue to restrict the use and enjoyment of the subject property so long as either this permit or
the development it authorizes — or any part, modification, or arnendment thereof - remains in
existence on or with respect to the subject property.
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED
WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO
COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS, PLEASE CALL
THE DISTRICT OFFICE.
21-94
Attachment F
Planning Commission Resolution No. 1999
(Unsigned)
21-95
RESOLUTION NO. 1999
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE SUGGESTED
MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-
NPB-14-0831-3) AND CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. GP2012-002, COASTAL LAND USE PLAN AMENDMENT
NO. LC2012-001, ZONING CODE AMENDMENT NO. CA2012-003 FOR THE
FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS
(PA2012-031) LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST.
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
STATEMENT OF FACTS
1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan,
Coastal Land Use Plan (CLUP), and Zoning Code (Amendments) with respect to the
former City Hall Complex (Property), legally described in Exhibit A, located at the
northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300
Newport Boulevard and 475 32nd Street.
2. The Amendments would change the land use categories and zoning district from Public
Facilities to Mixed Use. Additionally, the CLUP amendment would modify Policy 4.4.2-1
allowing buildings to exceed the 35 -foot Shoreline Height Limit.
3. On September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive,
Newport Beach, California, the City Council held a public hearing to consider the
Amendments and a Final Environmental Impact Report prepared for the project. A notice
of the time, place and purpose of the hearing was provided in accordance with CEQA
and the Newport Beach Municipal Code.
4. On September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the
Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No.
201 31 1 1 022) to be in compliance with the California Environmental Quality Act (CEQA),
the State CEQA Guidelines, and City Council Policy K-3.
5. On September 9, 2014, the City Council adopted Resolution No. 2014-81 approving
General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment
No. LC 2012-001. These amendments were adopted contingent upon the approval by
the California Coastal Commission.
6. On September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting
Zoning Code Amendment No. CA2013-003.
7. On September 24, 2014, the City of Newport Beach submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission.
8. On October 7, 2015, the California Coastal Commission certified the City's application
request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP
21-96
Resolution No. 1999
Page 2 of 19
land use category and Policy 4.4.2-1. The suggested modifications changed the
proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido
Village. This change in policy language allows for the same range of allowed
commercial uses as the City -approved amendment and prohibits all forms of timeshares
or fractional ownership visitor accommodations the allowed uses. The modification also
does not increase development intensity beyond what the City authorized. The
suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from
streets and limited the area and size of structures that could exceed 35 feet in height.
The modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved
amendment but still allow the proposed Lido House Hotel.
9. On November 5, 2015, the Planning Commission held a public hearing in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California to modifications of
the Amendments as a result of the Coastal Commission's action. A notice of the time,
place and purpose of the aforesaid hearing was provided in accordance with Newport
Beach Municipal Code. Evidence both written and oral was presented to and considered
by the Planning Commission during the aforesaid hearing.
NOW, THEREFORE, BE IT RESOLVED:
1. The suggested modifications to the CLUP amendment and the corresponding and
consistent changes to the General Plan and Zoning Code are minor in nature and do not
change intended uses or increase development intensity. The suggested modifications
related to building height are more restrictive than the previously approved CLUP and
Zoning Code amendments. The changes to the amendments do not represent a
significant change to the Lido House Hotel project as considered in the certified Lido
House Hotel EIR (SCH No. 2013111022). Therefore, all significant environmental
concerns for the proposed changes to the land use and zoning amendments have been
addressed in the previously certified environmental document.
2. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2012-002 as depicted in Exhibit B,
Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit C, and
Zoning Code Amendment No. CA 2012-003 as depicted in Exhibit D, which are attached
hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF NOVEMBER, 2015.
AYES:
Brown, Lawler, Weigand and Zak
NOES:
None
ABSTAIN:
Hillgren
ABSENT:
Koetting, Kramer
Kory Kramer, Chairman
BY:
Peter Koetting, Secretary
21-97
1*:1:11-3111r_1
Legal Description
LEGAL DESCRIPTION:
Resolution No. 1999
Page 3 of 19
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 MARCH 11, 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.
PARCEL 2 -
BEGINNING
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"
21-98
Resolution No. 1999
Page 4 of 19
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
89'15'30" 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
21-99
Resolution No. 1999
Page 5 of 19
I�:1:11-3�i-3
General Plan Amendment No. GP2012-002 (PA2012-031)
A. Amend Table LU1 of the Land Use Element of the General Plan to add the
following land use category:
"Visitor-Servinq Commercial, Lido Village (CV -LV)
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 City of
Newport Beach. A fire station is allowed in its current location. Limited Use Overnight
Visitor Accommodations and residences are not allowed."
B. Amend Table LU -2 to add Anomaly Location #85 as shown in the following
table:
Table
LU2 AnornaIV
Locations
Anomaly
Statistical
Land Use
Development
Limits(other)Additionallnformation
Development Limit
Number
Area
Designation
Accessory commercial
floor area is allowed in
conjunction with a hotel
and it is included within
85
B5
CV -LV
98,725 sf of hotel
the hotel development
limit. Municipal facilities
are not restricted or
included in any
development limit.
All existing provisions within Table LU -2 remain unchanged
21-100
Resolution No. 1999
Page 6 of 19
C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard &
475 32nd Street only as depicted in the following diagram:
All related maps or diagrams within the General Plan shall be amended to maintain
consistency with the new land use category and Anomaly Location #85 as shown
above. Additionally, any maps or diagrams within the General Plan that label the site
as "City Hall" shall be removed from the General Plan. Labeling the new City Hall
site as "City Hall" on any General Plan map or diagram is also authorized.
21-101
Planning Commission Resolution No. 1999
Page 7 of 19
EXHIBIT C
Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031)
A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land
use category:
TableCategories
Land Use Category
Uses
Density/Intensity
The CV -L V category is intended to allow for
a range of accommodations (e.g. hotels,
98,725 gross square feet not
CV -LV
motels, hostels), goods, and services
including a fire station. A fire
Visitor -Serving
intended to primarily serve visitors to the
station may not occupy more
Commercial —
City of Newport Beach. A fire station is
than 10% of the total project
Lido Village
allowed in its current location. Limited Use
site.
Overnight Visitor Accommodations and
residences are not allowed.
All other existing provisions within Table 2.1.1-1 remain unchanged.
21-102
Planning Commission Resolution No. 1999
Page 8 of 19
B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5-1, as it relates to 3300
Newport Boulevard & 475 32nd Street only as depicted in the following
diagram:
All related maps or diagrams within the Coastal Land Use Plan shall be amended to
maintain consistency with the new land use category as shown above. Additionally,
any maps or diagrams within the Coastal Land Use Plan that label the site as "City
Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall
site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized.
21-103
Planning Commission Resolution No. 1999
Page 9 of 19
C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site:
"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.
• With the exception of a fire station, 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.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment."
21-104
Planning Commission Resolution No. 1999
Page 10 of 19
1*:1:1W19W,
Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "CV -LV" Zoning District within Table 1-1 as follows with all other existing
provisions of Section 20.14.020 and Table 1-1 remaining unchanged.
Table 1-1 Commercial Zoning Districts
Zoning Map
Zoning Districts
General Plan Land Use Designations
Symbol
Implemented by Zoning Districts
CV -LV
Commercial Visitor -Serving,
CV -LV (Visitor -Serving Commercial -
Accessory commercial floor area is allowed in
conjunction with a hotel and it is included
within the hotel development limit.
Municipal facilities are not restricted or
included in any development limit.
Lido Village
Lido Village)
Section 2: Amend Section 20.20.010 (Purposes of Commercial Zoning
Districts) to add Subsection J as follows with all other existing provisions of Section
20.20.010 remaining unchanged:
J. The CV -LV (Commercial Visitor -Serving -Lido Village) zoning district. This district
applies to the former City Hall complex located at the northeast corner of the
intersection of Newport Boulevard and 32nd Street. The CV -LV designation
provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and
services intended to primarily serve visitors to the City of Newport Beach and a fire
station. Limited Use Overnight Visitor Accommodations and residential uses are not
allowed.
Section 3: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF
(Public Facilities) to CV -LV (Commercial Visitor-Serving—Lido Village) and establish
Anomaly #85 as depicted in the following table and map. All related zoning maps or
diagrams shall be amended to maintain consistency with the new zoning district.
Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall,"
said label shall be removed from the Zoning Map and labeling the site of the new City
Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or diagram is
authorized.
Anomaly
Development
Limit s
Development Limit (Other)
Additional Information
Number
85
98,725 sf of hotel
Accessory commercial floor area is allowed in
conjunction with a hotel and it is included
within the hotel development limit.
Municipal facilities are not restricted or
included in any development limit.
21-105
Planning Commission Resolution No. 1999
Page 11 of 19
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21-106
Planning Commission Resolution No. 1999
Page 12 of 19
Section 4: Amend Subsection C of Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements) to add allowed uses and establish permit
requirements for the CV -LV zoning district within Table 2-5 as highlighted in yellow as
follows with all other existing provisions of Section 20.20.020 remaining unchanged.
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
Not allowed *
Land Use
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CG
CM
CN
CV
CV -LV
Specific Use
p
Regulations
Industry, Manufacturing and Processing, and Warehousing Uses
Handicraft Industry
P
P
P
P
P
P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities
CUP
CUP
CUP
CUP
CUP
CUP
Commercial Recreation and
Entertainment
CUP
CUP
CUP
CUP
CUP
CUP
Cultural Institutions
P
P
MUP
P
Schools, Public and Private
CUP
CUP
CUP
CUP
—
Retail Trade Uses
Alcohol Sales (off sale)
MUP
MUP
MUP
MUP
MUP
MUP
Section
20.48.030
Alcohol Sales (off sale),
Accessory Only
P
P
P
P
P
P
Bulk merchandise
P
P
Marine Rentals and Sales
Boat Rentals and Sales
CUP
CUP
CUP
P
Marine Retail Sales
P
P
P
P
P
Retail Sales
P
P
P
P
—
Visitor -Serving Retail
P
P
P
Service Uses—Business, Financial, Medical, and Professional
ATM
P
P
P
P
P
P
Emergency Health Facility/Urgent
Care (above I st floor only)
MUP
MUP
MUP
—
21-107
Planning Commission Resolution No. 1999
Page 13 of 19
21-108
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Specific Use
Regulations
See Chapter 20.12 for
unlisted uses.
Financial Institutions and Related
P
P
—
P
P
P
Services
Offices—Corporate (above 1st
P
P
P
P
—
—
floor only)
Offices—Business
P
P
P
P
P
P
Offices—Medical and Dental
P
P
—
P
P
Offices—Professional (above 1st
P
P
P
P
P
floor only)
Outpatient Surgery Facility
MUP
MUP
P
(above 1 st floor only)
Service Uses—General
Ambulance Services
—
MUP
—
—
—
—
Animal Sales and Services
Animal Boarding/Kennels
CUP
CUP
—
CUP
—
—
Section
20.48.050
Animal Grooming
P
P
—
P
P
—
Section
20.48.050
Animal Retail Sales
P
P
—
P
P
—
Section
20.48.050
Veterinary Services
CUP
CUP
CUP
Section
20.48.050
Artists' Studios
P
P
P
P
P
P
Catering Services
—
P
P
P
P
—
Day Care, General
MUP
MUP
MUP
MUP
Eating and Drinking Establishments
Accessory Food Service
P
P
P
P
P
P
Section
(open to public)
20.48.090
Bars, Lounges, and
CUP
CUP
CUP
CUP
CUP
—
Section
Nightclubs
20.48.090
Fast Food (no late hours)
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(1)(2)
20.48.090
21-108
Planning Commission Resolution No. 1999
Page 14 of 19
21-109
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Fast Food (with late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (no alcohol, no
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
late hours) (1)(2)
20.48.090
Food Service (no late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (with late
CUP
CUP
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.090
Take -Out Service, Limited
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(2)
20.48.090
Funeral Homes and Mortuaries,
—
MUP
—
—
—
—
without crematorium
Funeral Homes and Mortuaries,
—
CUP
—
—
—
with crematorium
Health/Fitness Facilities
Small -2,000 sq. ft. or less
P
P
P
P
P
P
Large—Over 2,000 sq. ft.
MUP
MUP
MUP
MUP
MUP
—
Laboratories
—
P
—
—
—
Maintenance and Repair Services
P
P
—
P
—
Marine Services
Boat Storage
—
—
CUP
—
Boat Yards
—
—
CUP
—
Entertainment and
—
P
P
P
Title 17
Excursion Services
Marine Service Stations
—
CUP
CUP
Water Transportation
—
MUP
MUP
Services
Massage Establishments
MUP
MUP
—
MUP
MUP
MUP
Chapter
5.50
Section
20.48.120
Massage Services, Accessory
MUP
MUP
—
MUP
MUP
MUP
Section
21-109
Planning Commission Resolution No. 1999
Page 15 of 19
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CG
CM
CN
CV
CV -LV
Specific Use
Regulations
20.48.120
Nail Salons
P
P
P
P
P
Personal Services, General
P
P
P
P
P
Personal Services, Restricted
MUP
MUP
MUP
MUP
Studio
P
P
P
P
Postal Services
P
P
P
P
Printing and Duplicating Services
P
P
P
Recycling Facilities
Collection Facility—Small
MUP
MUP
—
MUP
—
—
Section
20.48.160
Smoking Lounges
Visitor Accommodations
Bed and Breakfast Inns
MUP
MUP
MUP
—
MUP
CUP
Section
20.48.060
Hotels and Motels
CUP
CUP
CUP
—
CUP
CUP
RV Parks
—
—
CUP
—
Time Share Facilities
CUP
—
CUP
—
Section
20.48.220
SRO Residential Hotel
CUP
CUP
CUP
CUP
CUP
—
Transportation, Communications, and Infrastructure Uses
Communication Facilities
MUP
P
MUP
—
P
P
Marinas
Title 17
Marina Support Facilities
—
—
MUP
—
MUP
—
Parking Facilities
MUP
MUP
MUP
MUP
MUP
MUP
Parking Structure, adjacent to
residential zoning district
CUP
CUP
—
CUP
CUP
CUP
21-110
Planning Commission Resolution No. 1999
Page 16 of 19
21-111
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Utilities, Minor
P
P
P
P
P
P
Utilities, Major
CUP
CUP
CUP
CUP
CUP
CUP
Wireless Telecommunication CUP/MUP/L
CUP/MUP/L
CUP/MUP/L
CUP/MUP/L
CUP/MUP/
CUP/MUP/ Chapter
Facilities TP
TP
TP
TP
LTP
LTP 20.49
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
General
—
CUP
CUP
Office Only
P
P
P
P
P
Limited
P
P
P
P
Vehicles for Hire
—
CUP
CUP
Vehicle/Equipment Repair
General
—
CUP
—
Limited
MUP
MUP
MUP
Vehicle/Equipment Sales
General
CUP
Office Only
P
P
P
P
P
Limited
P
Vehicle/Equipment Services
Automobile
—
MUP
MUP
MUP
—
Washing/Detailing, full
service
Automobile
P
P
—
P
MUP
—
Washing/Detailing, self-
service or accessory
Service Stations
CUP
CUP —
CUP
CUP — Section
20.48.210
Other Uses
rp
21-111
Planning Commission Resolution No. 1999
Page 17 of 19
* Uses Not Listed. Land uses that are not fisted in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
21-112
Commercial Retail Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP
Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Accessory Structures and Uses
P
P
P
P
P
P
Drive -Through Facilities
MUP
MUP
MUP
MUP
MUP7—
Section
20.48.080
Special Events
Chapter 11.03
Outdoor Storage and Display
P
P
P
P
P
MUP
Section
20.48.140
Temporary Uses
LTP
LTP
LTP
LTP
LTP
LTP
Section
20.52.040
* Uses Not Listed. Land uses that are not fisted in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
21-112
Planning Commission Resolution No. 1999
Page 18 of 19
Section 5: Amend 20.22.030 (Commercial Zoning Districts General
Development Standards) to add development standards for the CV -LV zoning district
within Table 2-7 as highlighted in yellow as follows with all other existing provisions of
Section 20.20.030 remaining unchanged.
21-113
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot
Lot Area (1)
5,000 sq. ft.
10,000 sq. ft.
N/A
20,000 sq. ft.
N/A
10,000 sq. ft.
Lot Width
25 ft.
50 ft.
N/A
100 ft.
N/A
50 ft.
Setbacks
Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback
Areas) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
0
0
0
Newport Blvd:
1 ft. for below
grade structures
20 ft. for
structures up to 35
feet in height
60 ft. for
structures over 35
feet in height
Side (interior, each):
Abutting
0
0
0
0
0
1 ft. for below
nonresidential
grade structures
5 ft. for above
grade structures
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Side (Street side)
0
0
0
0
0
32nd Street:
1 ft. for below
grade structures
1 ft. for structures
up to 35 feet in
height
70 ft. for
structures over 35
feet in height (4)
Via Oporto:
0
Rear:
Abutting an alley
M ft.
10 ft.
I 0 ft.
10 ft.
10 ft.
5 ft.
Not abutting an
0
0
0
0
0
0
alley
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Open Space
N/A
N/A
N/A
N/A
N/A
20%
Bulkhead Setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district.
Floor Area Ratio (2) (3)
The specific floor area limitations for each zoning district are identified on the Zoning Map.
Height
Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and
Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible
increase in height limit.
Within Shoreline Height
26 ft. with flat roof; less than 3/12 pitch
55 ft. with flat
20.30.060
21-113
Planning Commission Resolution No. 1999
Page 19 of 19
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32"d Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
21-114
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Limit Zone
31 ft. with sloped roof; 3/12 or greater pitch
roof, less than
3/12 roof pitch
See CLUP Policy
60 ft. with sloped
4.4.2-1
roof, 3/12 roof
pitch or greater
(5)(6)
N/A
Not within Shoreline
32 ft. with flat roof; less than 3/12 pitch
Height Limit Zone
37 ft. with sloped roof; 3/12 or greater pitch
Within High Rise Height
Area (See Figure H-1,
300
N/A
attached to the ordinance
codified in this title).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32"d Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
21-114
Attachment G
FiiN Program Proposal
21-115
FEM
FiiN - Fostering interest in Nature
The City has a rich history in recreational boating and a strong sense of environmental
stewardship. The City is home to the largest recreational boating harbor on the west coast
and environmental stewardship is exemplified by the preservation of the Upper Newport Bay
estuary, an ecological preserve and marine protected area. The City's participation in the
Coastal Orange County NCCP/HCP is also a shining example of the City's commitment to
preserving coastal habitats. The City constantly looks for additional opportunities to carry on
these traditions through stringent implementation of water quality regulations and by
providing appropriate educational and recreational programs through its tide pool and junior
lifeguard programs. The City is host many organizations that presently provide recreational
and educational activities to the community and visitors alike
The Coastal Act §30213 requires that lower-cost visitor and recreational facilities shall be
protected, encouraged, and, where feasible, provided. Developments providing public
recreational opportunities are preferred. The possibilities to combine the City's recreation and
environmental traditions with the provision of lower-cost opportunities are the guiding force
for the following new program.
FiiN implements §30213 by providing lower-cost opportunities to inland, non-profit groups or
Title 1 elementary schools. The overall goal is to provide funds to support programs that
allow students to experience the California Coast in Newport Beach through a recreation and
educational program that includes overnight accommodations. In summary, the program will
provide a 4 day camp -like educational and recreational experience to disadvantaged groups
or schools that may not have had an opportunity to visit the coast before. The following items
provide a framework for program development that will undergo further refinement in
furtherance of the overall program goal.
Endowment Establishment:
1. The City will establish an endowment with $975,000 to be known as the "Fostering
interest in Nature Endowment." By creating an Endowment, the long-term and ongoing
viability of the program will be further assured; however, additional Endowment funds will
be necessary to sustain the program beyond a pilot program.
2. The Endowment will be used for the purpose of funding and
supporting a new or expanded, lower-cost visitor and
recreational program for inland, non-profit groups or Title 1
elementary schools principally serving disadvantaged or lower
income families. The program and/or facilities supported by the
Endowment will continue to operate depending on the
availability of investment income. Reasonable administrative
expenses of the City or program operators may be expensed
to the Endowment fund. Only a portion of the interest or
earnings from the Endowment, typically 5%, may be spent on
an annual basis in furtherance of the purpose of the
Endowment in order to assure that the original funds will grow
over time. The Endowment and interest income from the
Endowment may not be used for any other purpose.
June 2015
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FUN - Fostering interest in Nature
3. The Endowment will be established before the end of 2015, and the City will seek
additional contributions to the Endowment from the California Coastal Commission,
developers, community groups, and philanthropists to achieve an appropriate fund
balance to sustain the anticipated annual operating budget for the program(s).
Program Components:
1. Location. Newport Dunes Waterfront Resort (Dunes) located at 1131 Back Bay Road,
Newport Beach. The program has the support of the ownership and management of the
Dunes.
2. Educational and Recreational Activities. The program will include an educational
component focusing on ocean safety, coastal and marine ecology, coastal hazards,
and/or other coastal -related topics. The program will also include opportunities for water -
oriented recreational activities such as kayaking, boating, swimming or surfing, etc.
Examples and potential partners include:
• Marine Protected Area Cruise - Crystal Cove Alliance
• Whale Watching Cruise - Newport Landing and Sport Fishing
• Tidepool Exploration Program - City of Newport Beach Recreation
• Marine Life Inventory - CA Department of Fish and Wildlife
• Outrigger Tour of Upper Newport Bay - Newport Bay Conservancy
• Ocean Literacy Center - ExplorOcean
• Marine & Ocean Safety - City of Newport Beach Lifeguards
0.'0'
June 2015 2
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FUN - Fostering interest in Nature
3. Overnight Group Accommodations. Lower-cost overnight accommodations will be
accommodated at Newport Dunes. Tents, yurts, or the existing cabin structures may be
used to accommodate groups within the existing recreational vehicle campsites or other
appropriate areas under the control of the Dunes Resort. It is envisioned that group stays
would be 4 days and overnight supervision will be provided by the participating group or
school.
4. Meals — The Newport Dunes has existing kitchen and catering facilities that can provide
three meals (and snacks) per day to group participants.
5. Transportation. It is envisioned that once the groups arrive at the location by bus or car,
transportation during their stay to various recreational and educational activities in and
around Newport Bay will be provided by watercraft; however, other forms of transportation
may also be used.
6. Local Partnerships. The Program Administrators will seek out partnerships with existing
local service providers, businesses, non-profit groups, schools, and properties to provide
recreation and education services and facilities appropriate for the program.
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FUN - Fostering interest in Nature
7. Other Considerations. Transportation costs, parking fees,
meals, or other forms of support may be provided on a
case-by-case basis to ensure a reduced overall cost of the
experience to a participating group.
8. Target Beneficiaries. The initial goal is to serve multiple
qualified groups of 30-40 elementary students and
chaperones between February to May, or at other times of
the year if appropriate. Groups or schools would be from
inland areasTypically outdoor education programs offered
through schools operate during a 12 week time period
(February through May); however, if the program is
successful, other times during the year may be considerable
if they do not significantly conflict with peak utilization of the
Dunes Resort.
Program Commencement
Programs and/or physical facilities deemed necessary will be established and operating
within 24 months of the date of the issuance of a Coastal Development Permit for the Lido
House Hotel. If the program is not operating within this time period, the Endowment will be
terminated and the initial deposit of $975,000 will be remitted to the California Coastal
Commission in support of providing lower-cost accommodations or recreational programs
in Newport Beach or Crystal Cove State Park, unless an extension of time is granted by
the Coastal Commission Deputy Director.
June 2015 4
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FiiN - Fostering interest in Nature
Program Administration
1. Administration. Under the direction of the City Manager, the Newport Beach Recreation
and Senior Services Department will administer the program consistent with the Local
Coastal Program and applicable laws. However, administration may be transferred to a
non-profit foundation or organization designed to take over long-term administration of the
Endowment and its programs.
2. Annual Report. An annual report to the City Council shall be made which includes the
program accomplishments, number of participants served, finances, and other relevant
information. Upon completion of the City Council's review, the annual report shall be
transmitted to the Deputy Director of the California Coastal Commission.
June 2015