HomeMy WebLinkAbout2012-7 - Approving Zoning Code Amendment No. CA2011-010 For Property Located at 1419 Superior Avenue (PA2011-138)ORDINANCE NO. 2012 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -010
FOR PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011-
138).
WHEREAS, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
amendments to the General Plan and the Zoning Code to change the land use from
Multiple Residential to Medical Commercial Office; and
WHEREAS, the subject property is located within the Multiple Residential (RM
2420) Zoning District, the General Plan Land Use Element category is Multiple
Residential (RM 18 DU /AC); and
WHEREAS, the subject application considered by the City Council will change
the Land Use Element of the General Plan from Multiple Residential (RM 18 DU /AC) to
Medical Commercial Office (CO -M 0.49 FAR) land use designation; and
WHEREAS, the concurrent amendment of the Land Use Element of the General
Plan will provide consistency with the proposed code amendment to change the zoning
of the subject property from Multiple Residential (RM 2420) to Office Medical (OM 0.49
FAR); and
WHEREAS, the existing building and use, and future development of the
property affected by the proposed amendment will be consistent with the goals and
policies of the Land Use Element of the General Plan, and will be consistent with the
purpose and intent of the Office Medical (OM 0.49 FAR) Zoning District of the Newport
Beach Municipal Code; and
WHEREAS, on December 8, 2011, the Planning Commission conducted a public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting: and
WHEREAS, at the December 8, 2011 public hearing, the Planning Commission
received public comments and on an affirmative motion (6 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code Amendment;
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.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A"
attached hereto and incorporated by reference to change the zoning district of the
subject property from Multiple Residential (RM 2420) to Office Medical (OM 0.49 FAR),
with all other provisions of the existing Zoning Map remaining unchanged.
SECTION 3: 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 4: This project is exempt from the California Environmental Quality Act
( "CEQA") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed
amendment is exempt since it does not entail any significant alteration to the subject
property and will bring the zoning district and existing use of the building and property
into conformance with the General Plan land use designation.
ORDINANCE NO.
Page 3
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on February 14, 2012, and adopted on February 28, 2012,
by the following vote, to wit:
AYES, COUNCIL MEMBERS Henn, Rosansky, Hill, Daigle,
Selich, Gardner, Curry
NOES, COUNCIL MEMBERS
ABSENT COI
ATTEST: q�
Vim!'/ V/•
LEILANI BROWN. CITY CLERK
APPROVED AS TO FORM:
Exhibit "A"
ZONING CODE AMENDMENT
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Zoning Code Amendment
1419 Superior Avenue
CA2011-01O.mxd Jantiary12012
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 ordinance,
being Ordinance No. 2012 -7 was duly and regularly introduced on the 14th day of February, 2012,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 28th day of February, 2012, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Hill, Rosansky, Curry, Mayor Gardner, Selich, Henn, Daigle
Noes: None
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of February, 2012.
���PORTe
p �= City Clerk
y City of Newport Beach, California
(Seal)
LI
CERTIFICATE OF PUBLICATION
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 Ordinance No. 2012 -7 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: February 18, 2012
Adopted Ordinance: March 3, 2012
In witness whereof, I have hereunto subscribed my name this )h day of
2012.
kM1
City Clerk
City of Newport Beach, California