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Home My WebLink About2011-41 - West Newport AmendmentsRESOLUTION NO. 2011 -41 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 TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED - USE VERTICAL (MU -V) FOR PROPERTIES LOCATED AT 6904, and 6908 -6936 WEST COAST HIGHWAY (PA2010 -182, AND PA2011 -014); AND FROM TWO -UNIT RESIDENTIAL TO GENERAL COMMERCIAL (CG 0.5) FOR THE PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY (PA2010 -190), ALL LOCATED WITHIN LAND USE STATISTICAL AREA 131 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 "). 2. 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. 3. 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). 4. 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. 5. 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. 6. 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 January 21, 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 April 21, 2011, and only a single response was received, but no requests for consultation were received. 7. A public hearing was held on April 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. 1839 recommending City Council adoption of the recommended General Plan Amendments, Coastal Land Use Plan Amendments, and amendments to the Zoning Code. 8. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project 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, because it has no potential to have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 2. The City's action to amend the General Plan, the Coastal Land Use Plan and the Zoning Code as requested by the property owners 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, I udgments, 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 request of the property owner's of the three properties involved in the application to change the designations. 2. The General Plan Amendments No. GP2010 -012, 013 and GP2011 -002, when added to previous General Plan Amendments within the last 10 years, result 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 131: Table 1: Charter Section 423 Analysis Summary, Statistical Area BI Allowed Floor A.M. Peak Hour P.M. Peak Hour Increase in Area Trips Trips Allowed Dwelling Units Proposed 4,708 sq. ft. 13.46 17.99 -2 GP2010 -002 Proposed GP2010 -013 2,068 sq. ft. 5.32 7.19 -2 Proposed GP2011 -002 6,711 sq. ft. 21.80 28.86 3 SUBTOTAL (CG, and MUN 13,487.5 sq. ft. 40.58 54.04 -1 with residential units) Prior Amendment 2,550 sq. ft.(80 %) 5.89 (80 %) 8.04(80%) 0 GP2010 -001 TOTAL 16,037.5 sq. ft. 46.47 62.08 -1 A.M. peaK nour trip rate is s per l,uuu sq. it P.M. peak hour trip rate is 4 per 1,000 sq. ft. Pursuant to the requirements of Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment Nos. GP2010 -012, 013 and GP2011 -002 are classified as a "Minor Amendment" and no vote of the electorate is required. 3. The existing buildings and uses, and future development of those properties 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 CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendments and Coastal Land Use Plan Amendments as indicated below and as shown in attached Exhibits A, B and C. Exhibit: Project File Nos.: Locations: Activity Nos.: A PA2010 -190 6480 West Coast Hwy GP2010 -013 and LC2010 -003 B PA2011 -014 6904 West Coast Hwy GP2011 -002 and LC2011 -001 C PA2010 -182 6908 -6936 West Coast Hwy GP2010 -002 and LC2010 -002 Passed and adopted by the City Council of Newport Be h at a regular meeting held on the May 10, 2011. MAYOR ATTEST: CITY CLERK CITY COUNCIL RESOLUTION ExMbit A- 6480 W. Coast Highway GP2010 -013 and LC2010 -003 (PA2010 -190) co °ST ee °�kI 5� ooF 0 250 500 Feet N�wPORr GP2010 -013 (PA2010 -190) f General Plan Amendment U � 0 °IYOAN,= 6480 West Coast Highway GP2010- 013.mxd March/2011 PCN N T �'� y` OHO,♦ ��♦ ♦�� 000 -� .._� � ♦ �� is OM �`♦ �,� �', Existing Land Use: `, `' ♦ , Two Unit Residential (RT -E) = 1 .V �� ♦ Proposed Land Use: General Commercial (CG -B) �iiy CITY COUNCIL RESOLUTION Exhibit B- 6904 W. Coast Highway GP2011 -002 and LC2011 -001 (PA2011 -014) os � h Coq ST �R2t, yOr F h Existing Land Use: O h y/C 1`� e� 4 Residential oeq y�q y Proposed =1 Mixed-Use Vertical 4 � 1 h 2 oh oq��F hP S G• 5,,'O O =P hi. G 9~ Q2 4h' e NF °o VGGSC 9T Phhh 4 ch �s Caq 5 �PP2G HopF ST syoAe 1 s 2J h� by h'i� �P hg 4`'w oz� hyq y GR 40 QP h � OhG FP � FST GG J h� gory �Jti 0 250 500 Feet QP h° o4��wN,R o LC2011 -001 (PA2011 -014) e Coastal Land Use Plan Amendment V \ m F 6904 West Coast Highway ciLIPORNt` N- E7`Y7��'](!/R�l' LC2011- 001.mxd March /2011 CITY COUNCIL RESOLUTION Exhibit 0- 6908 -6936 W Coast Highway GP2010 -002 and LC2010 -002 (PA2010 -182) 0010r y %y �9Y 0 OS v CAMI ~p/ h H� ? 4Fyl �ti � oR U 4�p ti He AO Rl 4 C Ogsr 9 SN 0 � 'tY �o J e 9�l S 0 250 500 Feet ok NE�YP�Rp LC2010 -002 (PA2010 -182) e F Coastal Land Use Plan Amendment 6908 -6936 West Coast Highway NE T LC2010- 002.mxd March /2011 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. 2011.41 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 10th day of May, 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 11th day of May, 2011. o'�L 9 ky", City Clerk Newport Beach, California (Seal)