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HomeMy WebLinkAbout2007-56 - 900 Newport Center DriveRESOLUTION NO. 2007- 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING LCP AMENDMENT NO. 2005- 001 WITH MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION INCLUDING THE ADDITION OF A NEW POLICY TO CHAPTER 2, SECTION 2.3 (VISITOR- SERVING AND RECREATION DEVELOPMENT) OF THE COASTAL LAND USE PLAN FOR PROPERTY LOCATED AT 900 NEWPORT CENTER DRIVE WHEREAS, on January 10, 2006, the City Council approved Local Coastal Plan Amendment No. 2005 -001 changing the Coastal Land Use Plan designation of a 4.25 -acre site located at 900 Newport Center Drive from CV -B (Visitor - Serving Commercial) to RM -C (Medium Density Residential) allowing the development of 79 residential condominiums; and WHEREAS, the City Council resolved that LCP Amendment No. 2005 -001 shall not take effect until the City Council adopts any modifications proposed by the California Coastal Commission; and WHEREAS, on July 10, 2007, the Coastal Commission approved the proposed Local Coastal Plan Amendment with the modifications contained in Exhibit 1 on grounds that the proposed amendment with suggested modifications will meet the requirements of, and be in conformity with, the policies of Chapter 3 of the California Coastal Act; and WHEREAS, the City Council finds that the proposed amendment with the modifications is consistent with Section 30213 of the Coastal Act, which requires lower cost visitor and recreational facilities be "protected, encouraged, and where feasible, provided." In addition, the proposed amendment would not have an adverse effect on the priority "visitor- serving commercial recreational facilities" to be provided under Section 30222 of the Coastal Act for the following reasons: 1. The adoption of a new Coastal Land Use Plan policy requires a payment of a fee by Lennar Homes to mitigate for the loss of visitor - serving land in the Newport Center by providing funding in the amount of five million (5,000,000.00) dollars for the protection, enhancement and provision of lower - cost visitor - serving uses at Crystal Cove State Park. 2. The policy includes provisions to adjust the mitigation fee to account for inflation. 3. The implementation of the mitigation requirement would be carried out through the coastal development permit process with the California Coastal Commission. WHEREAS, a Mitigated Negative Declaration (MND) has been prepared for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was made available for public review and comment during a 30 -day review period from July 15 to August 15, 2005 and subsequently approved by the City Council on January 10, 2006. NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned findings, the City Council hereby approves LCP Amendment No. 2005 -001 with the modifications approved by the California Coastal Commission as contained in attached Exhibit 1. This resolution shall take effect immediately upon adoption. Passed and adopted at a regular meeting of the City Council of the City of Newport Beach held on July 24, 2007, by the following vote, to wit: AYES, COUNCIL MEMBERS xenn,Curry, Selich,webb, Daigle. Gardner, Ma3.nr RncanQ1q, NOES, COUNCIL MEMBERS Sone ABSENT COUNCIL MEMBERS None ATT T o� /'� - dpqLa' CITY CLERK EXHIBIT 1 THE FOLLOWING ADDITION TO CHAPTER 2, SECTION 2.3 (VISITOR - SERVING AND RECREATIONAL DEVELOPMENT) OF THE CITY OF NEWPORT BEACH LOCAL COSTAL PROGRAM COASTAL LAND USE PLAN: 2.3.1 -8 LCP Amendment No. 2005 -001 (NPB- MAJ -1 -06 Part A) to the Coastal Land Use Plan changing a portion of land, not to exceed 4.25 acres in size, designated Visitor - Serving Commercial (CV) in Newport Center to a residential designation shall require a payment of a fee to mitigate for the loss of visitor - serving land. The mitigation fee shall be used for the protection, enhancement and provision of lower -cost visitor - serving uses at Crystal Cove State Park. The mitigation fee shall be in the amount of five million (5,000,000.00) dollars to off -set the loss of the priority land use in Newport Center. The mitigation fee shall be paid prior to issuance of any coastal development permit granted for any residential project within the newly designated area and to an entity, identified by the permitting agency, capable of implementing the mitigation at Crystal Cove State Park. Until paid in accordance with the terms and conditions of the coastal development permit, the amount shall be increased every July 1s` by an amount calculated on the basis of the percentage change from the year 2007 in the California Consumer Price Index for Urban Consumers as determined by the entity that grants the coastal development permit. STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 resolution, being Resolution No. 2007 -56 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 24th day of July 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of July 2007. (Seal) City Clerk Newport Beach, California