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HomeMy WebLinkAbout95-10 - Local Coastal Program 35 Land Use PlanRESOLUTION NO. 95 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 35 TO THE LOCAL COASTAL PROGRAM, LAND USE PLAN • WHEREAS, the Coastal Act of 1976 requires the City of Newport Beach to prepare a local coastal program; and WHEREAS, as part of the development and implementation of the Coastal Act, the City established a Local Coastal Program Advisory Committee, which held 29 public meetings to develop the goals, objectives and policies of the City's Local Coastal Program; and WHEREAS, the Planning Commission of the City of Newport Beach considered the Local Coastal Program, Land Use Plan at nine public hearings prior to recommending approval and adoption to the City Council; and WHEREAS, the City Council of the City of Newport Beach also held nine public hearings on the Local Coastal Program, Land Use Plan prior to adoption; and WHEREAS, two public hearings were held by the California Coastal Commission in conjunction with the certification of the Newport Beach Local Coastal Program, Land Use Plan; and WHEREAS, said Land Use Plan sets forth the objectives and supporting policies which serve as a guide for the future development in the coastal zone in the City of Newport Beach; and WHEREAS, the Planning Commission has held a duly noticed public hearing to consider this amendment to the Local Coastal Program, Land Use Plan, and WHEREAS, the Planning Commission recommended approval of this amendment by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that all changes necessary to reflect the amendments adopted in General Plan • Amendment 94 -3(A) for CalTrans West be incorporated into the Newport Beach Local Coastal Program, Land Use Plan, as follows: 1 LCP text, Page 45: 5. CalTrans West Caltrans West consists of approximately 14.25 acres of vacant land located west of Superior Avenue, north of Pacific Coast Highway, and south of the Newport Crest Condominium complex. The preferred future use of the site is recreation/open space with active recreational uses accommodated on the site. Specific park improvements and • the possible phasing of park uses if entitlement is transferred off -site shall be consistent with the Recreation and Open Space Element. The site is presently allocated 152 dwelling units subject to provisions intended to facilitate the transfer of all of this entitlement to other properties with special incentives relative to the transfer of entitlement to properties within the Caltrans West service area (as specified in the Recreation and Open Space Element) combined with a commitment of the owner of the transferee parcel to construct park improvements on -site. The transfer of entitlement shall generally proceed in accordance with the following: 1. The property owner shall be entitled to transfer all or a portion of the residential entitlement to any other parcel within the City subject to the approval of a traffic study in the event of a transfer of 35 units or more and a City Council finding of General Plan consistency; 2. The property owner shall be entitled to convert the residential entitlement to any other land use on a traffic equivalency basis and transfer the modified entitlement to any other parcel within the City subject to a traffic study (pursuant to Chapter 15.40 of the Newport Beach Municipal Code) in the event the transferred entitlement would generate more than 300 average daily trips and subject to a City Council finding of General Plan consistency; 3. The transfer of entitlement shall constitute a permanent reduction in the entitlement allocated to the site and shall be accompanied by a written agreement signed by the property owner acknowledging that the reduction does not constitute a taking of property; 4. The transfer of entitlement to any site within service area 1, accompanied by a commitment on the part of the owner of the transferee parcel to construct park improvement shall, subject to City Council approval, entitle the owner of the transferee parcel to park dedication, or park in lieu fee credit as determined by the City Council but in no event less than a credit equal to the number of acres improved. The development entitlement shall be subject to strict compliance with the conditions, mitigations, and findings adopted by the City Council of the City of Newport Beach in conjunction with the approval of Resolution No. 83-43 to the extent that Resolution was applicable to Cahruns West. • The designation of single family attached shown on the Land Use Plan (MAP) represents only the housing type anticipated to be constructed and is not intended to restrict the type of development approved on -site or off -site. This parcel may be developed with a mixed use project incorporating some or all of the residential product types authorized by the Land Use Element The Land Use Plan (Map) is also changed as shown on Exhibit 1. 2 ADOPTED this 23rd day of January 1995,. CITY CLERK PLT: \CC\LCP\LCP35 • MAYO PRO TEM Exhibit 1 LCP No. 35 Single Family Attached (SFA) With Alternate Recreational and Environmental Open Space (REOS) Land Use N ZQ �P c 9 Sr J� c A aQjtc � site r � °a �F hwa West Bq<Bpq s O0e City of Newport Beach Advance Planning December 29, 1994 4Y