HomeMy WebLinkAbout2011-21 - Approving a Zoning Code Amendment to Change the Zoning Designation of Property Located at 105 15th Street (PA2011-061)ORDINANCE NO. 2011 -21
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 105 151h
STREET (PA2011 -061)
WHEREAS, an application was filed by Morrie and Wanda Nero with respect to the
subject property located at 105 15th Street, requesting approval of amendments to the
General Plan, Coastal Land Use Plan and the Zoning Code to change the land use from
residential to mixed -use.; and
WHEREAS, on July 7, 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 July 7, 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 Two -Unit Residential (R -2)
Zoning District, the General Plan Land Use Element category is Two -Unit Residential
(RT); and
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 Two -Unit Residential
(RT and RT -D) to the Mixed -Use Horizontal (MU -H and MU -H4) land use designations.
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 property from Two -Unit Residential (R -2) to MU-
CV /15th ST (Mixed -Use Cannery Village /15th Street) zoning designation.
WHEREAS, the existing building and use, and future development of the subject
property 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 MU -CV /15th ST (Mixed -Use
Cannery Village /15th Street) 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 the
subject property from R -2 (Two -Unit Residential) to MU -CV /15th ST (Mixed -Use Cannery
Village /15th Street), 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 -003 is approved by the California Coastal Commission
and in effect.
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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the gth day of August, 2011, and adopted on the 13th day of
September, 2011, by the following vote, to wit:
AYES, COUNCIL MEMBERSHenn, Rosansky, Hill, Daigle,
Selich, Gardner, Curry
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS / None
ATTEST:
LEILANI BROWN. CITY CLERK
APPROVED AS TO FORM:
MICHAEL F. HENN, MAYOR
41AVIR. HUNT, CITY All T0RNE1 /1/
Exhibit A (Zoning Code Amendment)
10515 Ih STREET
CA2011 -007
(PA2011 -061)
Existing Zoning:
Two -Unit Residential (R -2)
Proposed Zoning:
o
Mixed -Use, Cannery Village /15th St (MU -CV /15th St)
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2011 -21 was duly and regularly introduced on the 9th day of August, 2011, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 13th day of September, 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 14th day of September, 2011.
(Seal)
44%, -� OMN-"-
City Clerk
City of Newport Beach, California
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. 2011 -21 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:
2011.
Introduced Ordinance: August 13, 2011
Adopted Ordinance: September 17, 2011
In witness whereof, I have hereunto subscribed my name this i - day of
MOW
V�l/`YUVIAII Iv "�
City Clerk
City of Newport Beach, California