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Home My WebLink About2016-124 - Approving General Plan Amendment No. GP2016-002 and Coastal Land Use Plan Amendment No. LC2016-002 for Property Located at 191 Riverside AvenueRESOLUTION NO. 2016-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GP2016-002 AND COASTAL LAND USE PLAN AMENDMENT NO. LC2016-002 FOR PROPERTY LOCATED AT 191 RIVERSIDE AVENUE WHEREAS, an application was filed by Pacific Coast Architects, with respect to property located at 191 Riverside Avenue, and legally described as Lot F of Tract 919, requesting approval of amendments to the General Plan and Coastal Land Use Plan to change the land use category from Public Facilities (PF) to Mixed -Use Horizontal (MU -H1) and an amendment to the Zoning Code and the Local Coastal Program to change the zoning from Public Facilities (PF) to Mixed -Use Mariners' Mile (MU -MM) (collectively, Project); WHEREAS, a public hearing was held on October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted (5 ayes, 1 noes, 1 abstain) to adopt Planning Commission Resolution No. 2032 recommending City Council adoption of Negative Declaration ND2016-004 (SCH NO. 2014011028) and approval of General Plan Amendment No. GP2016-002, Coastal Land Use Plan Amendment No. LC2016-002 and Code Amendment No. CA2016-005; WHEREAS, a public hearing was held by the City Council on November 22, 2016,.in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, pursuant to the California Environmental Quality Act, Public Resources Code Sections 21000, at seq. (CEQA), the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, the Project is subject to environmental review; WHEREAS, the City thereafter caused to be prepared an Initial Study/Negative Declaration (SCH No. 2014011028) (ND) in compliance with CEQA, the State CEQA Guidelines and City Council Policy K-3; WHEREAS, notice of the availability of the draft ND was given in accordance with CEQA, the State CEQA Guidelines and City Council Policy K-3. The draft ND was made available for public review for a 30 -day comment period beginning on September 20, 2016, and ending October 20, 2016. The City received four comments letters during the public review period and the comments were considered during consideration of the Project and the City Council of the City of Newport Beach, California, found that the comments did not include substantial evidence that a potential environmental effect may occur; Resolution No. 2016-124 Page 2 of 4 WHEREAS, on the basis of the entire environmental review record, the Project will have a less than significant impact upon the environment; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the Project, the Project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding; WHEREAS, the General Plan and Coastal Land Use Plan vision for the Mariners' Mile Commercial District calls for a pedestrian -oriented mixed-use "village" containing retail businesses, offices, services, and housing parcels on the inland side of Coast Highway; WHEREAS, the proposed zoning change is consistent with the mixed-use village vision for this area of Mariners' Mile by providing the opportunity for commercial and residential development; WHEREAS, the proposed change to mixed-use would be a continuation of the mixed land uses designated on the properties abutting and adjacent to the Project site; WHEREAS, the Coastal Land Use Plan will be carried out fully in conformity with the California Coastal Act; WHEREAS, Coastal Land Use Plan Amendment No. LC2016-002 shall not become effective until approval by the California Coastal Commission; Resolution No. 2016-124 Page 3 of 4 WHEREAS, pursuant to Section 423 of the City of Newport Beach Charter and Council Policy A-18, proposed General Plan amendments were reviewed to determine if a vote of the electorate would be required if a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds. This is the fourth General Plan Amendment that affects Statistical Area H-4 since the General Plan update in 2006. The amendment would result in 13 units being added to the Statistical Area and when this is added to 80% of the increase in units of the three prior amendments, the total does not exceed 100 units. The amendment would result in a net increase of 1,426 square feet and when this is added to 80% of the increase in floor area of the three prior amendments, the total does not exceed 40,000 square feet. The amendment is projected to increase AM Peak trips by 39.68 trips and PM Peak trips by 52.85 trips and when this is added to the 80% of the increase in trips of the three prior amendments, the total does not exceed 100 trips for either the AM or PM Peak. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required; WHEREAS, pursuant to Section 65352.3 of the California Government Code, the City provided notice regarding the proposed General Plan amendment to appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council of the City of Newport Beach, California, hereby approves General Plan Amendment Permit No. GP2016-002 as depicted in Exhibit "A" and Local Coastal Program Amendment No. LC2016-002 as depicted in Exhibit "B", which is attached hereto and incorporated by reference. Section 2: The Community Development Director is hereby directed to revise all applicable General Plan and Coastal Land Use Plan figures to reflect the change in the land use designations upon the effective date of the amendments. Section 3: The City Council of the City of Newport Beach, California, hereby authorizes submittal of the Local Coastal Program CLUP Amendment to the California Coastal Commission for review and approval. Section 4: The City's certified Coastal Land Use Plan, including this amendment, shall be implemented in a manner fully in conformity with the Coastal Act. Section 5: These actions 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. Resolution No. 2016-124 Page 4 of 4 ADOPTED this 22nd day of November, 2016. ATTEST: Leilani I. Brown City Clerk Ll po APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE l l Aaron C. Harp City Attorney Exhibit "A" General Plan Land Use Map Amendment RS -D \ \ 'RS -b \ \\ �'"RS 1[1: RS -D {s yr RT RT .. '.RS -D Y RS fl.\ Jse Change: Facilities J j RS -D; D ;QRS -D-- MU -W1 AIMI MU -H1 MU -W1 ' D -At ,D 1 \' RS -,b i \ J\ , RS -D -- - `, RS -D, MU H1 RS -d � A RS -D. MU -H1 PF MU -H1 MU -H1 MU -W1 GP2016-002 (PA2016-127) General Plan Amendment 191 Riverside Avenue Document Name: PA2016-127 GP2016-002 Reso Exhibit MU -H1 MU -H1 MU -W1 0 150 300 Feet N44 Exhibit "B" Coastal Plan Land Use Plan Amendment I \ i \ o \ vrx ' 1 .r -RSD-A IVSD-, `,--, MU -W Z \ �MU-H r� i Coastal Zone Boundary \ �r r* D T-7/ IRSID-4k., 1111U-H,SD-'.��' �-, RSD -4 1 �\ MU -H ' Rsri.d MU -W MU -H MU -H MU -W MU -H Document Name: PA2016-127 MUM MUM PF MTU -H MU -H MU -H MU -H 4 M U -W LC2016-002 (PA2016-127) Coastal Land Use Plan Amendment 191 Riverside Avenue 14 MU -W 150 300 Mr-�— Feet E) STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-124 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22"d day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Peotter IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23`d day of November, 2016. aAli NO-- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal) LQ FO R".�