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Home My WebLink About2010-107 - General Plan Amendment No. 2010-007RESOLUTION NO. 2010 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING OF GENERAL PLAN AMENDMENT NO. GP2010 -007 AFFECTING 600 E. BAY AVENUE, 105 MAIN STREET AND 707 E. OCEAN FRONT, STATISTICAL AREA D3 (PA2010 -052) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 2. On November 13, 2007, the City Council adopted Resolution No. 2007 -71 approving Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan consistent with the General Plan Update. 3. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 4. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 5. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on February 10, 2010. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on July 28, 2010, and no requests for consultation were received. 7. A public hearing was held on August 19, 2010, 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. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1820 recommending City Council adoption of the subject General Plan Amendment. 8. A public hearing was held on September 14, 2010, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project results from the Coastal Commission's review and certification of the City's Coastal Land Use Plan, which is part of a certified regulatory program and is exempt from California Environmental Quality Act pursuant to California Code of Regulations § 15251. The City's action to amend the General Plan to make it consistent with the Coastal Commission's certification of the Coastal Land Use Plan is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. SECTION 3. FINDINGS. The proposed amendments of the Land Use Element of the General Plan are necessary to provide consistency between the Coastal Land Use Plan and the General Plan. General Plan Amendment No. GP2010 -007 results in the following increases in residential units, peak hour trips and /or non - residential floor area: Charter Section 423 Increases attributable to GP2001 -007 (Stat. Area D3) Increase DU Increase AM Increase PM Increase non- residential area 0 45 78 0 No prior amendments Pursuant to Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment No. GP2010 -007 is classified as a `Minor Amendment" and no vote of the electorate is required. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2010 -007 as shown in Attachment A. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the September 14, 2010, by the following vote to wit: ATTES CITY CLERK AYES, COUNCIL MEMBERS Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None MAYOR ATTACHMENT A General Plan Amendment No. GP2010 -007 600 E. Bay Avenue, Map ID 9 CV (Visitor Serving Commercial) 1.0 FAR 105 Main Street, Map ID 11a CV (Visitor Serving Commercial) 0.5 FAR 707 E. Ocean Front, Map ID 11b CV (Visitor Serving Commercial) 0.5 FAR It:� egvgve�E `� LLJ 4�8a PF u -v W E w �LeOA eI VO E OCEAry FRONTw m� p w POkT Map_ 4_Balboa_Penmsula.mxd August/2010 � •1 PF 1 �5 F, GP 2010 -006 Statistical Area D2 GP 2010 -007 Statistical Area D3 Balboa Peninsula A- cv 0.5 FAR m E 1y1 2 �P 1 r= v 0 250 500 Feet N STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2010 -107 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 14th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of September, 2010. City Clerk Newport Beach, California (Seal)