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Home My WebLink About2012-9 - Approving Zoning Code Amendment No. CA2011-011 for Properties Located at 2888 and 2890 Bay Shore Drive (PA2011-179)ORDINANCE NO. 2012 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -011 FOR PROPERTIES LOCATED AT 2888 AND 2890 BAY SHORE DRIVE (PA2011 -179). WHEREAS, an application was filed by property owner Ron E. Presta of Palmo Investments GP, with respect to the subject property located at 2888 and 2890 Bay Shore Drive, requesting approval of amendments to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use; and WHEREAS, the requested change of the Zoning District designation of 2888 Bay Shore Drive is from Multi -Unit Residential (RM, 2178) to Multi -Unit Residential (RM, 39 du). The requested change of the Zoning District designation of 2890 Bay Shore Drive is from Multi -Unit Residential (RM, 2178) to Mixed -Use Water Related (MU -W2, 1 du); and WHEREAS, the subject property is located within the coastal zone. If approved, the subject application considered by the City Council will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan. WHEREAS, the amendment of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendment to change the Zoning of the subject properties. WHERAS, the existing buildings and uses, and future development of the subject properties affected by the proposed amendment will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the RM and MU -W2 zoning districts of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on December 8, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted (6 ayes and 0 noes) to adopt Planning Commission Resolution No. 1864 recommending City Council adoption of the General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment; and WHEREAS, a public hearing was held on February 14, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; 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 from RM -2178 to RM, 39 du for 2888 Bay Shore and from RM -2178 to MU -W2, 1 du for 2890 Bay Shore Drive as provided in Exhibit "A ", with all other provisions of the existing Zoning Map remaining unchanged. Zoning Code Amendment No. CA2011 -011 shall not become effective until the effective date of approval by the California Coastal Commission of the amendment to the Coastal Land Use Plan. SECTION 2: Code amendments are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. The amendment of the Zoning Code will provide consistency with the proposed General Plan and Coastal Land Use Plan amendments and is necessary to implement the property owner's request. 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. ORDINANCE NO. Page 3 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 Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. No physical change or expansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective thirty (30) days after the date of its adoption. 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 COUNCIL MEMBERS 1 1 -� YOR APPROVED AS TO FORM: (D CITY ATTORNEY t /31iz 31 Exhibit "A" ZONING CODE AMENDMENT V �I' IMAM* use. CA2011- Ott.mxd December/2011 I a° 0 200 400 CA2011 -011 (PA2011 -179) mnmmmmsK==== Fee Zoning Code Amendment 2888 & 2890 Bay Shore Drive Nl . R 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 -9 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 Citv this 291h day of Februarv. 2012. City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORAN GE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2012 -9 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: 2012. Introduced Ordinance: February 18, 2012 Adopted Ordinance: March 3, 2012 �7 I��/�— In witness whereof, I have hereunto subscribed my name this I ` day of "' `� I 1 Uri hv--� City Clerk City of Newport Beach, California