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HomeMy WebLinkAbout11 - Attachment B - PC ResolutionAttachment B Planning Commission Resolution No. 1838 100 RESOLUTION NO. 1838 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN (PD2011 -001) AND A CODE AMENDMENT (CA2011 -004) TO CHANGE THE ZONING CLASSIFICATION FROM PC -23 TO PC- 56 FOR PROPERTY LOCATED AT 800, 840, 860, AND 880 NEWPORT CENTER DRIVE (PA2011 -017) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Irvine Company, with respect to property located at 800, 840, 860, and 880 Newport Center Drive and legally described as Parcel 1 of Resubdivision 0612 requesting approval of a Planned Community Development Plan Amendment and a Zoning Code Amendment. 2. The applicant proposes an amendment to the North Newport Center Planned Community (PC -56) to incorporate in its entirety the Block 800 Newport Center Planned Community (PC -23). The applicant also proposes a code amendment to change the Zoning designation of the subject property from PC -23 to PC -56. The PC- 23 Development Plan would be rescinded if this application is approved. The proposed project also includes a revision to a sign standard within the PC -56 Development Plan regarding landscape wall signs and a revision to lighting standards. 3. The square footage numbers indicated for each block in Table 2 (Development Limits) of the PC -56 Development Plan may not be current or correct due to allowable transfers of development rights under the Development Agreement, General Plan, and PC -56 Development Plan. The square footage numbers cannot and are not being increased by this application as the development limits are regulated by the General Plan. 4. The subject property is located within the Block 800 Newport Center Planned Community (PC -23) Zoning District and the General Plan Land Use Element category is Regional Commercial Office (CO -R). 5. The subject property is not located within the coastal zone. 6. 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. 101 Planning Commission Resolution No. 1838 Page 2 of 3 SECTION 2. FINDINGS. 1. The Planned Community Development Plan Amendment, with the recommended text changes, is consistent with and implements the Land Use Element of the General Plan as the proposed land use regulations are consistent with the Regional Commercial Office (CO -R) land use category designated on the subject property. 2. The Planned Community Development Plan Amendment, with the recommended text changes, is consistent with Chapter 20.56 of the Municipal Code (Planned Community District Procedures), which establishes the requirements of a Planned Community Development Plan. 3. The Planned Community Development Plan Amendment, with the recommended text changes, will not increase the intensity or density of allowed land uses or change the types of allowable uses in the subject portion of Block 800. 4. The subject portion of Block 800 is fully developed and the applicant does not seek any further entitlements through this Planned Community Development Plan Amendment or Code Amendment. 5. The proposed development standards are adequate and appropriate for use and development of Block 800 and would not be detrimental to the Newport Center environs. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 2. The proposed project incorporates the Block 800 Newport Center Planned Community into the North Newport Center Planned Community with only minor changes to development standards and allowed uses. This action will not increase the allowable development intensity. No construction is proposed with this application. 3. Muzzy Ranch v. Solano County Airport Land Use Commission (2007) 41 CalAth 372, 389 the California Supreme Court held that the CEQA common sense exemption applied to the approval of a land use compatibility plan that merely extended existing land use restrictions to a greater geographical area. 4. 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 Tmpit: 04/14/10 102 Planning Commission Resolution No. 1838 Page 3 of 3 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 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval to rescind PC -23, and approval of Planned Community Development Plan Amendment No. PD2011 -001 and Zoning Code Amendment No. CA2011 -004. PASSED, APPROVED AND ADOPTED THIS 7T" DAY OF APRIL, 2011. AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren NOES: None ABSTAIN: None RECUSAL: Hawkins Earl McDaniel, Chairman BY: Michae _ erge, Secretary Tmplt: 04/14110 2os 1-04