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Home My WebLink About2011-18 - Approving a Zoning Code Amendment to Change the Zoning Designation of Property Located At 3363, 3369 & 3377 Via Lido and 3378 Via Oporto (PA2011-024)ORDINANCE NO. 2011 -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING CODE AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3363, 3369 & 3377 VIA LIDO AND 3378 VIA OPORTO (PA2011 -024) WHEREAS, an application was filed by Allan Fainbarg, property owner, with respect to property located at 3363, 3369 & 3377 Via Lido and 3378 Via Oporto, and legally described as Portion of Lot 4 of Tract No. 1117, Book 35, Page 48 of Miscellaneous Maps, requesting approval of Code Amendment No. CA2011 -005 to change the Zoning designation from RM (Multiple -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District; WHEREAS, on May 5, 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 and Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; WHEREAS, at the May 5, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; WHEREAS, the subject property is located within the Multiple -Unit Residential (R- M) Zoning District, and the General Plan Land Use Element designation is Multiple -Unit Residential (RM); WHEREAS, the subject property is located within the Coastal Zone. 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 from Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V) land use designation; WHEREAS, the amendments 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 property from Multiple -Unit Residential (RM) to Mixed -Use Vertical (MU -V) designation; WHEREAS, the existing buildings and uses, and future development of the subject 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 -V Zoning district of the Newport Beach Municipal Code; 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 subject property from RM (Multiple -Unit Residential) to MU -V (Mixed -Use Vertical), with all other provisions of the existing Zoning Map remaining unchanged. The change; however, shall not become effective until Coastal Land Use Plan Amendment No. LC2011 -002 is approved by the California Coastal Commission, SECTION 2: 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 3: 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. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. WI it x s 9e\ -W2 Ss� J "r« AVE I 1 l ' J J U.D ST O u �i 9 �O O VIA MA AGA L_ OS J 5 W 2q � 1 4 9 CN �i/ 15 4 E o 31STST 31STST �IDOpq 15 , ITS = � 0 125 250 CA2011 -005 (PA2011 -024) EMEMEMonz== Feet Zoning Code Amendment e °7<oww� 3363, 3369, and 3377 Via Lido & 3378 Via Oporto ..- ,... -. CA2011- 005.mxd April/2011 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of June, 2011, and adopted on the 12th day of July, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS Mayor Henn Bosansky H; 11 _ Daigle, Selich, Gardner, Curry NOES, COUNCIL MEMBERS i None ABSENT COUNCIL MEMBERV , None ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: (ZL�JE4'�� DAVID HUNT, CITY ATTORNEY L HENN, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH 1 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. 2011 -18 was duly and regularly introduced on the 28th day of June, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of July, 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 13th day of July, 2011. (Seal) STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 4#,A� .Q. I City Clerk City of Newport Beach, California OF PUBLICATION I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -18 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: July 2, 2011 Adopted Ordinance: July 16, 2011 Ml In witness whereof, I have hereunto subscribed my name this n2 day of vw°ll 2011. U City Clerk City of Newport Beach, California