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Home My WebLink About2012-17 - Amendment to GPA and CLUP for 514 E. Oceanfront PA2011-196RESOLUTION NO. 2012 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE GENERAL PLAN AND COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT 514 E. OCEAN FRONT (PA2011- 196) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Terry A. Jones, on behalf of the property owner SCAP III, LLC, with respect to the subject property located at 514 E. Ocean Front, legally described as Lots 15 and 16, Block 6, Balboa Tract, requesting approval of General Plan Amendment No. GP2011 -009 and Coastal Land Use Plan Amendment LC2011- 005 changing the land use designation from Two -Unit Residential (RT and RT -E) to Mixed -Use Vertical (MU -V); and Code Amendment No. CA2011 -012 changing the zoning designation from Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V). 2. In 1948, the City of Newport Beach permitted the construction of a mixed -use building located at 514 E. Ocean Front. 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 "), resulting in the land use designation of the subject property to change from Retail and Service Commercial with an allowance for residential above the first floor to Two -Unit Residential. 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. The Coastal Land Use Plan designation for the property was changed from General Commercial with an allowance for residential above the first floor to Two -Unit Residential. 5. On January 28, 2008, the City Council adopted an ordinance (Ordinance No. 2008 -05) that established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009, and subsequent Zoning Code Update which became effective November 25. 2010. City Council Resolution No. 2012 -17 Page 2 6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The zoning designation of the property was changed from Specific Plan No. 8 /Retail and Service Commercial (SP8 /RSC) to Two -Unit Residential (R -2). The result of that action rendered commercial uses located within residential districts nonconforming. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 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 November 3, 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 February 1, 2012. No requests for consultation were received. 8. A public hearing was held on January 19, 2012, 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 (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1865 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 February 14, 2012, 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 15301 — Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed amendments are exempt since they do not entail alteration to the subject property and are establishing consistency between the General Plan Land Use designation and Coastal Land Use designation with the existing use of the buildings located on the subject property. 2. The City's action to amend the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. City Council Resolution No. 2012 -17 Page 3 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. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or, adds more than 100 dwelling units in a statistical area. 3. This is the second General Plan Amendment that affects Statistical Area D3 since the General Plan update in 2006. Although there is no increase in the number of dwelling units, the amendment results in 4,061 additional square feet of non - residential floor area. The additional floor area results in an increase of 10 a.m. peak hour trips and an increase 14 p.m. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. City Council Resolution No. 2012 -17 Page 4 4. 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 -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 approves General Plan Amendment No. GP2011 -009 as shown in attached Exhibit A and Coastal Land Use Plan Amendment No. LC2011 -005 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. This resolution 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 February 14, 2012, by the following vote to wit: NANCY GA96N�R. MAYOR ATTEST: t.F-W LEILANI BROWN, CITY CLERK`' City Council Resolution No. 2012 -17 Page 5 E 17M,16i1 514 E. Ocean Front GP- 2011 -009 (PA2011 -196) Tom~ City Council Resolution No. 2012 -17 Page 6 rID; ; r7,. Vf -`�c 1 l i ,Fu 3 r P 1 -1 AW i?+` GP2C11 -009 (PA2311-1SO) General Plan Amendment 514 E Ocean Front ] 125 250 F-� e ti City Council Resolution No. 2012 -17 Page 7 Exhibit B 514 E. Ocean Front GP- 2011 -009 (PA2011 -196) &t I'D City Council Resolution No. 2012-17 Page 8 A S� ", pp LC2011-005 (PA2011-196) D 1 ED 300 Coastal Land Use Plan Amendment 514 E Ocean Front 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. 2012 -17 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 14th day of February, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of February, 2012. 0 ` r City Clerk Newport Beach, California (Seal)