HomeMy WebLinkAbout2011-85 - Amendments to Land Use of GP and CLUP 105 15th St. (PA2011-061)RESOLUTION NO. 2011 -85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENTS TO THE
LAND USE ELEMENT OF THE GENERAL PLAN AND
COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT
10515 1h STREET (PA2011 -061)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Morrie and Wanda Nero with respect to the subject property
located at 105 15th 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.
2. On June 7, 1990, the Planning Commission approved Use Permit No. 3383 that
authorized the construction of a mixed -use building located at that time in the C -1
Zoning District, for the property located at 105 15th Street.
3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
4. On November 13, 2007, the City Council adopted Resolution No. 2007 -71 approving
Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan
consistent with the General Plan Update.
5. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan
Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3
of the Coastal Act (NPB_MAJ_1 -07).
6. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all
Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan
Amendment No. LC2007 -001 to incorporate all of the suggested modifications within
the Coastal Land Use Plan.
7. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a
General Plan Amendment to make the Land Use Element of the General Plan
consistent with Coastal Land Use Plan Amendment No. LC2007 -001.
8. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe
contacts identified by the Native American Heritage Commission were provided notice
of the proposed General Plan Amendment on May 9, 2011. The California
Government Code requires 90 days to allow tribe contacts to respond to the request to
consult unless the tribe contacts mutually agree to a shorter time period. The response
period ended on August 7, 2011. No requests for consultation were received.
9. A public hearing was held on July 7, 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 Planning
Commission at this meeting. At the conclusion of the public hearing, the Planning
Commission voted unanimously (7 ayes, 0 noes) to adopt Planning Commission
Resolution No. 1848 recommending City Council adoption of the proposed General
Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment.
10. 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.
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, 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.
2. The City's action to amend the General Plan, the Coastal Land Use Plan and the
Zoning Code as requested by the property owner is exempt from the California
Environmental Quality Act 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.
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, the Coastal
Land Use Plan and the Zoning Code are necessary to implement the property owner
request.
2. General Plan Amendment No. GP2011 -004 (added to previous General Plan
Amendments within the last 10 years, there were none) results in the following
increases in residential units, peak hour A.M. and P.M. trips, and /or non - residential
floor area within Land Use Statistical Area D1:
Tattle 1: Charter Section 423 Analysis Summary
Statistical Area DI
Allowed Floor Area
A.M. Peak Hour Trips
P.M. Peak Hour Trips
Increase in Allowed Dwelling
Units
Proposed
1,250 sq. fL
3.38
4.54
0
GP2011 -004
Prior
None
None
None
None
Amendments
TOTALS
(MU -144 is
1250 sq. fl.
3.38.
4.54
0
permitted)
Pursuant to the requirements of Charter Section 423 (Measure S), and Council Policy
A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -004 is classified
as a "Minor Amendment" and no vote of the electorate is required.
3. 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 MU -CV /15th ST zoning district of the Newport Beach
Municipal Code.
SECTION 4. DECISION
NOW, THEREFORE, BE IT RESOLVED:
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 hereby approves General Plan
Amendment as shown in attached Exhibit A and Coastal Land Use Plan Amendment
as shown in attached Exhibit B.
3. The City Council of the City of Newport Beach hereby authorizes submittal of the Local
Coastal Land Use Plan Amendment to the California Coastal Commission for formal
review and approval.
4. The City of Newport Beach approval of Local Coastal Land Use Plan Amendment
No. LC2011 -003 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
August 9, 2011. ,
ATTEST:
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CITY CLERK
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EXHIBIT A
(Genera( Plan Amendment Map)
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Existing Land Use:
Two -Unit Residential (RT)
% Proposed Land Use:
`Z'`♦ `,� Mixed -Use Horizontal 4 (MU -H4)
0 250 50D
General Plan ��►ttt r ��rt�►rr - I rr��rJ
Amendment
105
A74 :111 - 11111 ;9
(Coastal Land Use Plan Map)
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I - LC2011 -003 (PA2011 -061) ° '0eet
Coastal Land Use Plan Amendment 8
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i.c2011-MU=,u M11
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2011 -85 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 9th day of
August, 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 10th day of August, 2011.
v t u�
City Clerk
Newport Beach, California
(Seal)