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Home My WebLink About10 - Attachment CC2 - Draft OrdinanceDRAFT ORDINANCE With attachments Exhibit A- 6480 W. Coast Highway CA2010013 Exhibit B- 6904 W. Coast Highway CA2011 -003 Exhibit C- 6908 -6936 W Coast Highway CA2010- ATTACHMENT N ®. CC 2 S,5 so ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NOS. CA2010 -013, CA2011 -003 AND CA2010 -012 TO REVISE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY FROM R -2 TO CG (COMMERCIAL GENERAL) (PA2010 -190); AND TO CHANGE 6904, AND 6908 THROUGH 6936 WEST COAST HIGHWAY FROM R -2 TO MU -V (MIXED -USE VERTICAL)(PA2011 -014 AND PA2010 -182) WHEREAS, an application was filed by B. Jeffrey and Lorraine Kennard, property owners, with respect to property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -013 to change the Zoning designation from R -2 (Two -Unit Residential) to CG (Commercial General) Zoning District; and WHEREAS, an application was filed by Paul K. Watkins, on behalf of The National Cat Society, property owner, with respect to property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, requesting approval of a Code Amendment CA2011 -003 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District; and WHEREAS, an application was filed by T.K. Brimer, property owner, with respect to property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -012 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District. WHEREAS, on April 7, 2011, 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the April 7, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes) a recommendation to the City Council to approve the proposed Code Amendments; and WHEREAS, the subject properties are located within the Two -Unit Residential (R- 2) Zoning District, the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the subject properties are located within the coastal zone and are currently subject to the provisions of the Categorical Exclusion Order (CEO), however, accompanying applications considered by the Planning Commission will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan to change the land use designation from Two -Unit Residential (RT -E) to the CG 0.5 (General Commercial) or MU -V (Mixed -Use Vertical) land use designations. 37 ORDINANCE NO. Page 2 WHEREAS, 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, because it has no potential to have a significant effect on the environment. Therefore, this activity is not subject to CEQA. WHEREAS, The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendments to change the zoning of the subject properties from Two -Unit Residential (R -2) to Mixed -Use (MU -V) or Commercial General (CG) designations. WHEREAS, 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. 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" and as described below, with all other provisions of the existing Zoning Map remaining unchanged, for the following properties. ON ORDINANCE NO. Page 3 1. Property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, (Code Amendment CA2010 -013) changing the Zoning Designation from R -2 (Two -Unit Residential) to CG (Commercial General); and 2. Property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, (Code Amendment CA2011 -003) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical); and 3. Property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, (Code Amendment CA2010 -012) changing the Zoning Designation from R- 2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical). SECTION 3: 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 4: This action shall become final and effective thirty days after the adoption of this Ordinance. SECTION 5: 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 be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, and adopted on the 24th day of May, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: 39 CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY �' I ORDINANCE NO. Page 4 :N ORDINANCE NO. Page 5 ORDINANCE ATTACHMENT Exhibit A- 6480 W. Coast Highway CA2010 -013 (PA2010 -190) 6904 W. Coast Highway CA2011 -003 (PA2011 -014) 6908 -6936 W Coast Highway CA2010 -012 (PA2010 -182) EXHIBIT - A 41 42 ,,,,vo CA2010- 013.mxd March/2011 500 :::i Feet seJOn CA2010 -013 (PA2010 -190) e Zoning Code Amendment 6480 West Coast Highway N,: . ,t, il Ca' / / UP s` — Oq�O SO US S_ O Soh CANq�3T � gP C09ST UeP = SOQO �''y7,� h0 00 SPA yh O SOP SF95 UO23 yoRF v O OR h 5 4 ?S SU OS P =� i(4 OPP UP 0 ?S W PS Rrs�'o ?J F RFS a'P 2P OR O OOF9jV<. U4,0 JU Ro�TN oPP2 �� 1 02 COq P2 o sTry oP 24 �y ?P SyOR F JGO OR PO l Q 0 250 500 Feet CA2011 -003 (PA2011 -014) e Zoning Code Amendment 6904 West Coast Highway CA2011- 003.mxd March /2011 :'lw CA2010- 012.mxd March /2011 CA2010 -012 (PA2010 -182) Zoning Code Amendment 6908 -6936 West Coast Highway 0 N 42