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Home My WebLink About2011-85 - Amendments to Land Use of GP and CLUP 105 15th St. (PA2011-061)RESOLUTION NO. 2011 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN AND COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT 10515 1h STREET (PA2011 -061) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15th Street, legally described as Lot 3, Block 15, Section B, Newport Beach Tract, requesting approval of General Plan Amendment No. GP2011 -004, and Coastal Land Use Plan Amendment LC2011 -003, changing the designation from Two - Unit Residential (RT and RT -D) to Mixed -Use Horizontal (MU -H4 AND MU -H); and Code Amendment No. CA2011 -007 changing the zoning designation from Two -Unit Residential (RT) to Mixed -Use Cannery Village and 15th Street (MU -CV /15th ST)Zoning District. 2. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that authorized the construction of a mixed -use building located at that time in the C -1 Zoning District, for the property located at 105 15th Street. 3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71 approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. 5. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 6. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 7. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 8. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on May 9, 2011. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on August 7, 2011. No requests for consultation were received. 9. A public hearing was held on July 7, 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 unanimously (7 ayes, 0 noes) to adopt Planning Commission Resolution No. 1848 recommending City Council adoption of the proposed General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 10. A public hearing was held on August 9, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed amendments are exempt since they do not entail any significant alternation to the subject property and are essentially bringing the General Plan Land Use designation, Coastal Land Use designation and Zoning District to be consistent with the existing use of the buildings located on the subject property involved. 2. The City's action to amend the General Plan, the Coastal Land Use Plan and the Zoning Code as requested by the property owner is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. 3. 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. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan, the Coastal Land Use Plan and the Zoning Code are necessary to implement the property owner request. 2. General Plan Amendment No. GP2011 -004 (added to previous General Plan Amendments within the last 10 years, there were none) results in the following increases in residential units, peak hour A.M. and P.M. trips, and /or non - residential floor area within Land Use Statistical Area D1: Tattle 1: Charter Section 423 Analysis Summary Statistical Area DI Allowed Floor Area A.M. Peak Hour Trips P.M. Peak Hour Trips Increase in Allowed Dwelling Units Proposed 1,250 sq. fL 3.38 4.54 0 GP2011 -004 Prior None None None None Amendments TOTALS (MU -144 is 1250 sq. fl. 3.38. 4.54 0 permitted) Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified as a "Minor Amendment" and no vote of the electorate is required. 3. The existing building and uses, and future development of the property affected by the proposed amendments 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 MU -CV /15th ST zoning district of the Newport Beach Municipal Code. SECTION 4. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. Amendments to the General Plan and Local Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The City Council of the City of Newport Beach hereby approves General Plan Amendment as shown in attached Exhibit A and Coastal Land Use Plan Amendment as shown in attached Exhibit B. 3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Land Use Plan Amendment to the California Coastal Commission for formal review and approval. 4. The City of Newport Beach approval of Local Coastal Land Use Plan Amendment No. LC2011 -003 shall not become effective until the effective date of the California Coastal Commission approval. Passed and adopted by the City Council of Newport Beach at a regular meeting held on August 9, 2011. , ATTEST: o(� - 6w� CITY CLERK 4f'�� Tor-1060 EXHIBIT A (Genera( Plan Amendment Map) W4 �i ♦��♦ Existing Land Use: Two -Unit Residential (RT) % Proposed Land Use: `Z'`♦ `,� Mixed -Use Horizontal 4 (MU -H4) 0 250 50D General Plan ��►ttt r ��rt�►rr - I rr��rJ Amendment 105 A74 :111 - 11111 ;9 (Coastal Land Use Plan Map) wC Pp PR I - LC2011 -003 (PA2011 -061) ° '0eet Coastal Land Use Plan Amendment 8 ^.� 105 15th Street N i.c2011-MU=,u M11 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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. 2011 -85 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of August, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of August, 2011. v t u� City Clerk Newport Beach, California (Seal)