The URL can be used to link to this page

Home My WebLink About05 - Repeal Approvals Related to the Museum House Residential Project� �tiwpoRr CITY OF NEWPORT BEACH City Council Staff Report March 14, 2017 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk PHONE: 949-644-3005 TITLE: Second Reading of Ordinance No. 2017-3 to Repeal Approvals Related to the Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152) ABSTRACT: On February 28, 2017, the City Council conducted first reading of Ordinance No. 2017-3 to repeal approvals (with the exception of Resolution 2016-126 related to the Environmental Impact Report) related to the 100 -unit Museum House Residential Project. The City Council is now being asked to conduct second reading of Ordinance No. 2017-3. RECOMMENDATION: a) Determine this action is exempt from the CEQA pursuant to CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review; and b) Conduct second reading and adopt Ordinance No. 2017-3, An Ordinance of the City Council of the City of Newport Beach, California, Repealing Approvals for the 900 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-952). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: At the February 28, 2017 City Council meeting, the City Council introduced Ordinance No. 2017- 3 to repeal the following approvals for the 100 -unit Museum House residential project located at 850 San Clemente Drive: a) Approval of General Plan Amendment No. GP2015-001 and adoption of California Environmental Quality Act Facts and Findings and a Statement of Overriding Considerations (Resolution No. 2016-127); v-1 Second Reading of Ordinance No. 2017-3 Relating to the Museum House Residential Project March 14, 2017 Page 2 b) Approval of Site Development Review No. SD2016-001 and revocation of Use Permit No. UP2005-17 and Modification Permit No. MD 2004-059 related to the Orange County Museum of Art (Resolution No. 2016-128); c) Approval of Tentative Tract Map No. NT2016-001 (Resolution No. 2016-129); d) Approval of Traffic Study No. TS2015-004 (Resolution No. 2016-130); e) Adoption of a Planned Community Development Plan No. PC2015-001 that amends the San Joaquin Plaza Planned Community (PC 19) (Ordinance No. 2016-23); and f) Approval of Development Agreement No. DA2016-001 (Ordinance No. 2016-24). ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review. NOTICING: 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). ATTACHMENT: Attachment A — Ordinance No. 2017-3 5-2 ATTACHMENT A ORDINANCE NO. 2017-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH„ CALIFORNIA, REPEALING APPROVALS FOR THE 100 -UNIT MUSEUM HOUSE RESIDENTIAL PROJECT LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) WHEREAS, an application was filed by Related California Urban Housing, LLC (Applicant) with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach (City), County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County; WHEREAS, the project includes demolition of the existing 23,032 -square -tool Orange County Museum of Art building to accommodate the development of a 25 -story, 100 -unit residential condominium building with two levels of subterranean parking; WHEREAS, a public hearing was held on November 29, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place, and purpose of the public hearing was given in accordance with the Newport Beach Municipal Cade (NBMC). Evidence, Moth written and oral, was presented to, and considered by, the City Council at this public hearing, WHEREAS, the City Council adopted resolutions certifying Environmental Impact Report No. ER2016-022 and approving a Mitigation Monitoring and Reporting Program; approving General Plan Amendment No. GP2015-001 and adopting California Environmental Quality Act (CEQA) Facts and Findings and a Statement of Overriding Considerations; approving Site Development Review No. SD2016-001 and revoking Use Permit No. UP2005-017 and Modification Permit No, MD2004-059; approving Vesting Tentative Tract Map No. NT2016-001; and approving Traffic Study No. 2415-004; WHEREAS, the City Council introduced ordinances approving Planned Community Development Plan No. PC2015-001 and Development Agreement No. DA2016-001 and, passed said ordinances to a second reading on December 13, 2016; WHEREAS, on December 13, 2016 the City Council conducted second readings and adopted the proposed ordinances approving Planned Community Development Plan No. PC2015-001 and Development Agreement No. DA2016-001; WHEREAS, subsequent to the City Council's adoption and approval of the project's documents, a group of residents circulated and turned in a referendum petition challenging the project's approval; 5-3 Ordinance No. 2017-3 Page 2 of 4 WHEREAS, City Charter Section 10103 provides for the City to follow the California Elections Code for the processing of referendums, WHEREAS, the City Clerk working in conjunction with the Orange County Registrar of Voters verified and certified the requisite number of signatures were obtained for the referendum petition under California Elections Code Section 9240'. WHEREAS, California Elections Code Section 9241 provides the City Council with the option of repealing the resolution subject to the referendum in its entirety or submitting the resolution to the voters either at the next regular municipal election or at a special election called for the purpose; and WHEREAS, the City respects the will of its residents and desires to avoid the expenses associated with an election by repealing the resolution and associated project approvals in their entirety. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby repeats, in its entirety, Resolution No. 2016- 127, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2015-001 to Change the Land Use Designation from Private Institutional (PI) to Multi -Unit Residential (RM -100), for a 100 -Unit Residential Project Located at 8501 San Clemente Drive and Adopting California Environmental Quality act Facts and ,Findings and a Statement of Overriding Considerations Regarding the Museum House Residential Project (PA2015-152). Section 2: The City Council hereby repeals, in its entirety, Resolution No, 2016- 128, A Resolution of the City Council of the City of Newport Beach, California, Approving Site Development Review No. SD2016-001 for the 100 -Unit Museum House Residential Project and Revoking Use Permit No. UP2005-017 and Modification Permit No. MD2004- 059 Related to the Grange County Museum of Art Located at 850 San Clemente Drive (PA2015-152). Section 3: The City Council hereby repeals, in its entirety. Resolution No. 2016- 129, A Resolution of the City Council of the City of Newport Beach. California; Approving Tentative Tract Map No. NT2016-001 for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152). 5-4 Ordinance No. 2017-3 Page 3 of 4 Section 4: The City Council hereby repeals, in its entirety, Resolution No. 2016- 130, A Resolution of the City Council of the City of Newport Beach, California, Approving Traffic Study Na_ TS2015-004 for the 100 -Unit Museum House Residential Project Located at 650 San Clemente Drive (PA2015-152). Section 5: The City Council hereby repeals, in its entirety, Ordinance No. 2016- 23, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Planned Community Development Plan No. PC2015-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 Sara Clemente Drive (PA 2015-152) - Section 6: The City Council hereby repeals, in its entirety, Ordinance No. 2016- 24, An Ordinance of the City Council of the City of Newport Beach; California, Approving Development Agreement No. DA2016-001 for the 100 -Unit Museum House Multi -Family Residential Project Located at 850 San Clemente Drive (PA2015-952). Section 7: The recitals provided in this ordinance are true and correct and are incorporated into the operative {part of this ordinance. Section 8: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270, projects which a public agency rejects or disapproves are not subject to CEQA review. Section 9: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 10: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect - Section 11: 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 pursuant to City Charter Section 414- 5-5 Ordinance No. 2017-3 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28t" day of February 2017, and adopted on the 141h day of March, 2017, by the fallowing vote, to -wit; AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTO.RNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 5-6