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Home My WebLink About2011-79 - Land Use Amendments 3363,3369,3377 Via Lido -3378 Via OportoRESOLUTION NO. 2011 -79 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 3363, 3369 & 3377 VIA LIDO AND 3378 VIA OPORTO (PA2011- 024) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 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. 2. 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 "). 3. 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. 4. 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). 5. 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. 6. 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. 7. 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 February 28, 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 May 28, 2011. No requests for consultation were received. 8. A public hearing was held on May 5, 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. 1841 recommending City Council adoption of the proposed General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment. 9. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQX) 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 Planning Commission 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 -003 when added to previous General Plan Amendments within the last 10 years, 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 135: Table 1 Charter Section 423 Analysis Summary Statistical Area B5 Allowed Floor A.M. Peak Hour P.M. Peak Hour Increase in Allowed Area Trips Trips Dwelling Units Prior Amendment 12,083 (at 80 %) 36.30 (at 80 %) 48.40 (at 80 %) 0 GP2010 -005 Proposed 4,053 12.67 16.83 1 GP2011 -003 TOTAL 16,136 48.97 65.23 1 Pursuant to the requirements of Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2011 -003 is classified as a "Minor Amendment" and no vote of the electorate is required. 3. The existing buildings and uses, 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 -V 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 authorizes submittal of the Local Coastal Land Use Plan Amendment to the California Coastal Commission for formal review and approval. 3. Local Coastal Land Use Plan Amendment No. LC2011 -002 shall not become effective until after California Coastal Commission approves it and subsequent action is taken to adopt the Amendment by the City Council. 4. 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. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the June 28, 2011. MAYOR ATTEST: D6A-k, CITY CLERK t'' F;ES��LUTI�)'J ,�TTAC:Hf�d �t`JT E Mall, if•,it A iGri�� =�r,al �I,.ii� F�iri�- i��•ii>>, -i�t �al��l�i cN�, Y O WNDSi � !._0 31ST5 Opp \ Pq� I I p o4 �gwppR� GP2011 -003 (PA2011 -024) F� General Plan Amendment 3363, 3369, and 3377 Via Lido GP2011- 003.mxd April /2011 & 3378 Via Oporto 0 0 125 250 1 Feet f'�ESULUTInP� ATT�C1sru��NT E- k,Ili1•Mi( �05,,a�;t,. +I L,.ii��•1 U�;� F''Iat� �dl,a�•�I �TREEi Z M D D O --I 1 -' 32N0 STREET co Mu- C N o V,A < I 31ST ST 31ST STREET LC2011 -002 (PA2011 -024) F Coastal Land Use Plan Amendment 3363, 3369, and 3377 Via Lido CLIpOR�,^ & 3378 Via Oporto LC2011- 002.mxd April /2011 RM -F 0 125 250 ® Feet 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 resolution, being Resolution No. 2011 -79 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 28th day of June, 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 29th day of June, 2011. — City Clerk Newport Beach, California (Seal)