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Home My WebLink About2013-26 - Amendments to Land Use Element of the General Plan and Coastal Land Use Plan for Various Properties Located within the Coastal ZoneRESOLUTION NO. 2013 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LANE} USE ELEMENT OF THE GENERAL PLAN AND COASTAL LAND USE PLAN FOR VARIOUS PROPERTIES LOCATED WITHIN THE COASTAL ZONE THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeffrey and Lorraine Kennard, Paul Watkins on behalf of the National Cat Protection Society, and T.K. Brimer with respect to properties located at 6480, 6904, and 6908 -6936 West Coast Highway, requesting approval of the following applications for amendment to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designation from residential to commercial or mixed -use (PA2010 -182, 190, and PA2011 -014) 2. An application was filed by Allan Fainbarg, property owner, with respect to property located at 3363, 3369 and 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 General Plan Amendment No. GP2011 -003 and Local Coastal Plan Amendment LC2011 -002, to change the General Plan Land Use and Coastal Land Use Plan designations from RM (Multiple -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District (PA2011 -024). 3. An application was filed by Morrie and Wanda Nero with respect to the subject property located at 105 15"h 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 (PA2011 -061). 4. A public hearing was held on May 10, 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. At the conclusion of the public hearing, the City Council voted unanimously (7 ayes, 0 noes) to adopt City Council Resolution No. 2011 -41 adopting the proposed General Plan Amendment and Coastal Land Use Plan Amendment, properties located at 6480, 6904, and 6908 -6936 West Coast Highway (PA2010 -182 and 190, and PA2011 -014). Resolution No, 2013 -26 Page 2 5. A public hearing was held on June 28, 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. At the conclusion of the public hearing, the City Council voted unanimously (7 ayes, 0 noes) to adopt City Council Resolution No. 2011 -79 adopting the proposed General Plan Amendment and Coastal Land Use Plan Amendment for property located at 3363, 3369, & 3377 Via Lido and 3378 Via Oporto (PA2011 -024). 6. 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. At the conclusion of the public hearing, the City Council voted unanimously (7 ayes, 0 noes) to adopt City Council Resolution No. 2011 -85 adopting the proposed General Plan Amendment and Coastal Land Use Plan Amendment property located at 105 151h Street (PA2011 -061). 7. A public hearing was held on March 12, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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, Tide 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 and Coastal Land Use designation 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 and the Coastal Land Use Plan as requested by the property owner is exempt from CEQA 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. Resolution No. 2013 -26 Page 3 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 and the Coastal Land Use Plan are necessary to implement the property owner requests. 2. 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 zoning districts of the Newport Beach Municipal Code. SECTION 4. DECISION 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 approved by previous action the General Plan and Coastal Land Use Plan Amendments by Resolution No. 2011 -41, Resolution No. 2011 -79 and Resolution No. 2011 -85. 3. That the Local Coastal Program and its amendments approved by Resolution No. 2011 -41, Resolution No. 2011 -79 and Resolution No. 2011 -85 shall be carried out fully in conformity with the Coastal Act. 4. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Land Use Plan Amendment approved by Resolution No. 2011 -41, Resolution No. 2011 -79 and Resolution No. 2011 -85 to the California Coastal Commission for formal review and certification. Resolution No. 2013 -26 Page 4 5. The City of Newport Beach approval of Local Coastal Land Use Plan Amendments noted above 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 March 12, 2013. ATTEST: CITY CLERK 7/ 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 resolution, being Resolution No. 2013 -26 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 12`" day of March, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of March, 2013. City Clerk Newport Beach, California (Seal)