HomeMy WebLinkAboutExhibit 5Exhibit No. 5
Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH
RECOMMENDING CITY COUNCIL ADOPTION OF
DEVELOPMENT AGREEMENT 2008 -005 (ZONING
IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND SOBER LIVING BY THE SEA)
WHEREAS, on November 20, 2008, the Planning Commission held a duly noticed
public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, at which time the Planning Commission considered the Development Agreement
(Zoning Implementation and Public Benefit Agreement). A notice of time, place, and purpose
of the meeting was duly given in accordance with the Municipal Code. Evidence, both written
and oral, was presented to and considered by the Planning Commission at this meeting,
including the evidence and arguments submitted by the City staff and all interested parties.
WHEREAS, consideration and adoption of the Development Agreement has been
determined to be categorically exempt under the requirements of the California Environmental
Quality Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been
determined not to have a significant effect on the environment and is exempt from the provisions
of CEQA. This activity is also covered by the general rule that CEQA applies only to projects
that have the potential for causing a significant effect on the environment (Section 15061(b)(3)
of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this
activity will have a significant effect on the environment and it is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council adopt Development Agreement 2008 -005 (Zoning Implementation and
Public Benefit Agreement between the City of Newport Beach and Sober Living by the Sea).
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2008.
BY:
Scott Peotter, , Chairman
Barry Eaton, Secretary
AYES:
NOES:
ABSENT:
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