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HomeMy WebLinkAbout16 - AERIE Project - Attachment CC U ATTACHMENTS C Draft ordinance C./ Page left blank intentionally ® ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2005 -009 FOR PROPERTY LOCATED AT 201 -205, 207 CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196) WHEREAS, an applications was filed by Advanced Real Estate Services, Inc. with respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place to construct a 9 -unit residential condominium development on a 1.4 acre site. The applications filed are: General Plan Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002, Zone Change No. 2005 -009, Newport Tract No. 2005 -004 (TTM16882), Modification Permit No. 2005 -087 and Coastal Residential Development Permit No. 2005 -002. WHEREAS, on February 22, 2007, April 5, 2007, and May 17, 2007, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the applications, project and a draft Mitigated Negative Declaration was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing, the Commission acted to recommend approval of the ® applications to the City Council provided the draft Mitigated Negative Declaration (MND) was revised and recirculated for public review. El WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on August 14, 2007, to consider the recommendation of the Planning Commission. WHEREAS, the MND was revised and recirculated in accordance with the direction of the Planning Commission and the California Environmental Quality Act (CEQA). The City Council reviewed the MND and all comments related to it, and based on the administrative record, the City Council made findings to adopt the MND pursuant to applicable laws prior to approving the project, including Code Amendment No. 2005 - 009. The findings to adopt the MND are contained within Resolution No. are incorporated herein by reference. WHEREAS, Code Amendment No. 2005 -009 is necessary to provide a zoning designation for a portion of the property in question that is consistent with the land use designation of the General Plan as modified by General Plan Amendment No. 2005- 006. C. 3 Ordinance No. Page 2 of 3 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: A revision to Zoning Map depicted in Exhibit "A is hereby approved; however, the change shall not become effective until Coastal Land Use Plan Amendment No. 2005 -002 is approved by the California Coastal Commission. SECTION 2: The Mayor shall sign and the City Clerk 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , and adopted on the day of 2007, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS OWNS ATTEST: CITY CLERK C• J Exhibit "A" Ordinance No. Page 3 of 3 AERIE Condominiums (PA2005 -196) 201 -205, 207 Carnation Ave. & 101 Bayside PI Code Amendment No. 2005 -009 11 C.5