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Home My WebLink About2017-3 - Repealing Approvals for the 100-Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152)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 23,632 -square -foot 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 Code (NBMC). Evidence, both 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. 2015-004; 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; Ordinance No. 2017-3 Page 2 of 4 WHEREAS, City Charter Section 1003 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 repeals, 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 850 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 Orange 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). 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 No. TS2015-004 for the 100 -Unit Museum House Residential Project Located at 850 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 San Clemente Drive (PA2015-152). 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 (PA2015-152). 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. 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 28th day of February 2017, and adopted on the 14th day of March, 2017, by the following vote, to -wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery Council Member Diane Dixon, Mayor Kevin Muldoon NAYS: Council Member Scott Peotter, Council Member Will O'Neill ABSENT: Mayor Pro Tem Duffy Duffield ATTEST: -W6 ow- j 6 &360�� LEILANIT BROWN, CITY CLERK APPROVED AS TO FORM: CIW'S OFFICE AARON C—. HARP, CITY ATTORNEY KEVIN MULDOON, MAYOR 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. 2017-3 was duly introduced on the 28th day of February, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 141h day of March, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Mayor Kevin Muldoon NAYS: Council Member Scott Peotter, Council Member Will O'Neill ABSENT: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said Citv this 15th day of March, 2017. ' Ui J. r Leilani I: Brown, MMC City Clerk City of Newport Beach, California STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2017-3 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 newspaper of general circulation on the following dates: 2017. Introduced Ordinance: March 4, 2017 Adopted Ordinance: March 18, 2017 In witness whereof, I have hereunto subscribed my name this day of M 1%�OR NVP' 44j, Pj& Le'ilani I. Brown, MMC" City Clerk City of Newport Beach, California (Seal)