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Home My WebLink About2012-10 - Approving Zoning Code Amendment No. CA2011-013 for Properties to Change the Zoning Designation of Property Located at 200 30th Street (PA2011-209)ORDINANCE NO. 2012 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -013 TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 200 301h STREET (PA2011 -209) WHEREAS, an application was filed by Pete Fenton, representing Beach Coin Laundry LLC, with respect to property located at 200 30`h Street, and legally described as Lot 1, Block 129 of the Lake Tract, requesting approval of a General Plan Amendment, Coastal Land Use Plan Amendment, and Zoning Code Amendment; and WHEREAS, the subject property is located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the applicant proposes to change the Zoning District from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV) for the subject property, which will result in the existing nonconforming commercial use becoming conforming; 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 designation from Two -Unit Residential (RT and RT -E) to the Visitor Serving Commercial (CV) 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 designation of the subject property from Two -Unit Residential (R -2) to Commercial Visitor - Serving (CV); and WHEREAS, the existing building and use, and future development of the subject property 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 CV Zoning District of the Newport Beach Municipal Code; and WHEREAS, on February 9, 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 February 9, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 1 absent), ORDINANCE NO. 2012 -10 Page 2 forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; and 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 CV (Commercial Visitor - Serving), 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 ORDINANCE NO. 2012 - Page 3 property into conformance with the General Plan land use designation and Coastal Land Use designation and Zoning District. 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 -006 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 27th day of March, 2012, and adopted on the 10th day of April, 2012, by the following vote, to wit: AYES, COUNCIL MEMBERS Hill, Rosansky, Curry, Selich Henn, Daigle, Gardner NOES, COUNCIL MEMBERS X.., ABSENT COUNCIL MEMBERSNone NANCY R NER, MAYOR ATTEST: ( JC CLEI16P NI B!ROW�N, CITY CLERK 1e oqr 0-41 APPROVED AS TO FORM: ' .:[IFOMN' 11 AARON HARP, CITY ATTO NEY Z Y , Exhibit A ORDINANCE NO. 2012 -10 Page 4 PF Wes_ + _ illlji 1111 1 � �1� ili'; u m l :: X11,1. YM.I I _ I ` i L �M]r f, CA2011 -013 awary,2012 0 250 500 CA2011 -013 (PA2011 -209) �Fe« Zoning Code Amendment e 200 30th Street N 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 ordinance, being Ordinance No. 2012 -10 was duly and regularly introduced on the 27h day of March, 2012, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10'' day of April, 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 11;o day of April, 2012. A04-L 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 -10 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: Introduced Ordinance: March 31, 2012 Adopted Ordinance: April 14, 2012 I In witness whereof, I have hereunto subscribed my name this a50 day ofyt I 2012. I City Clerk City of Newport Beach, California (Seal)