HomeMy WebLinkAbout97-35 - Adopting an Annexation and Development Agreement Between the City of Newport Beach and the Irvine Company (Development Agreement 11)ORDINANCE 97 -35
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADOPTING AN ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY
(Development Agreement 11)
The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION 1. The City council finds and declares that:
a. The State Legislature and the City Council have determined that the lack of certainty in the
approval of development projects can result in a waste of resources, escalate the cost of housing and
other development projects can result in a waste of resources, escalate the cost of housing and other
development to the consumer, and discourage investment in and commitment to the comprehensive
planning which would make maximum efficient utilization of resources at the least economic cost to
the public; and
b. Assurance that an applicant may proceed with a project in accordance with existing policies,
• rules and regulations, and subject to conditions of approval, will strengthen the public planning
process, encourage private participation in comprehensive planning, and reduce the economic costs
of development; and
C. California government Code Section 65864 et seq. Authorizes cities to enter into development
agreements with any person having a legal or equitable interest in property for the development of
the property; and
d. Chapter 15.45 of the Newport Beach Municipal code provides requirements and procedures
for the amendment of development agreements; and
e. The Annexation and Development Agreement has been prepared in compliance with state law
and the Newport Beach Municipal Code; and
f. In compliance with state law and city ordinance, a duly noticed public hearing was held by
the Planning Commission to consider the Annexation and Development Agreement; and
g. The Planning Commission finds that the Annexation and Development Agreement in
• compliance with the California Environmental Quality Act and Guidelines promulgated thereunder;
and
AT-AWYAS11i
h. The Planning Commission finds that said Annexation and Development Agreement is in
• conformance with the Newport Beach General Plan, as proposed by accompanying General Plan
Amendment No. 97 -2; and
I. The adoption of the Annexation and Development Agreement will not preclude the City from
conducting future discretionary reviews in connection with the project, nor would it prevent the City
from imposing conditions or requirements to mitigate significant impacts identified in such reviews
provided that the measures do not render the project infeasible.
SECTION 2. Annexation and Development Agreement (Development Agreement No. 11)
is hereby adopted and made a part hereof by this reference.
SECTION 3. Copies of said the Annexation and Development Agreement are on file in the
offices of the City Clerk and the Planning Department of the City of Newport Beach.
SECTION 4. The Mayor shall sign and the City Council shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
• same shall become effective thirty (30) days after the date of its adoption.
SECTION 5. This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 27th day of October 1997, and was adopted on the 10th day
of November 1997, by the following vote, to wit:
•
CITY CLERK
AYES, COUNCIL MEMBERS O'NEIL, THOMSON,
EDWARDS, GLOVER, NOYES, MAYOR DEBAY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS HEDGES
MA R
2
•
•
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 97 -35 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 November, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of November, 1997.
(Seal)
STATE OF CALIFORNIA I
COUNTY OF ORANGE I
CITY OF NEWPORT BEACH I
P� Uhr,,u, � • �IV� r�
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -35 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 date, to wit: November 15, 1997.
In witness whereof, I have hereunto subscribed my name this o iS day of
1997.
42�4 b 6 -x ,
City Clerk of the City of
Newport Beach, California