HomeMy WebLinkAbout2012-8 - Approving A Zoning Code Amendment to Change the Zoning Designation of Property Located at 514 E. Oceanfront (PA2011-196)ORDINANCE NO. 2012 -8
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 514 E.
OCEAN FRONT (PA2011 -196)
WHEREAS, an application was filed Terry A. Jones, on behalf of the property
owner SCAP III, LLC, with respect to the subject property located at 514 E. Ocean Front,
requesting approval of amendments to the General Plan, Coastal Land Use Plan and the
Zoning Code to change the land use from Two -Unit Residential to Mixed -Use Vertical; and
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 -E) to the Mixed -Use Vertical (MU -V) land use designations; and
WHEREAS, the concurrent 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 Two -Unit Residential (R-
2) to Mixed -Use Vertical (MU -V); and
WHEREAS, the existing building and use, and future development of the 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 -V Zoning district of the Newport Beach
Municipal Code; and
WHEREAS, on January 19, 2012, 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;
and
WHEREAS, at the January 19, 2012, public hearing, the Planning Commission
received public comments and on an affirmative motion (6 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code
Amendment; and
ORDINANCE NO. 2012 -8
Page 2
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 -V (Mixed -Use Vertical), with all
other provisions of the existing Zoning Map remaining unchanged.
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 15301 — Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed
amendment is exempt since it does not entail any significant alteration to the subject
property and will bring the zoning district and the existing use of the building and
property into conformance with the General Plan land use designation and Coastal
Land Use designation and Zoning District.
ORDINANCE NO. 2012 -8
Page 3
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 not become effective until Coastal Land Use
Plan Amendment No. LC2011 -005 is approved by the California Coastal Commission
and in effect.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 14th day of February, 2012, and adopted on the 28th day
of February, 2012, by the following vote, to wit:
AYES, COUNCIL MEMBERSHenn. Rosanskv. Hill. Daigle,
Selich, Gardner, Curry
NOES, COUNCIL MEMBERS
ABSENT COUNCIL- MEMBERS
NANCY GARbNER, MAYOR
ATTEST:
0611W n� - #n
,
LEILAIVI BROWN, CITY CLERK
APPROVED AS TO FORM:
�VL
AARON HARP, CITYATT0RN Y M1,
ORDINANCE NO. 2012 -8
Page 4
Exhibit A
514 E. Ocean Front
CA2011 -012
(PA2011 -196)
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ORDINANCE NO. 2012 -8
Page 5
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CA2011 -012 (PA2011 -196) �rEEl
Zoning Code Amendment 8
514 E Ocean Front
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2012 -8 was duly and regularly introduced on the 14Lh 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 28t1h 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 City this 29th day of February, 2012.��/
City Clerk
City of Newport Beach, California
(Seal)
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. 2012 -8 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 /� p /) ��y
In witness whereof, I have hereunto subscribed my name this IZ day of ''�flli WI
&a 4, WL-
City Cfeik
City of Newport Beach, California