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
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City of Newport Beach
Advance Planning
December 29, 1994
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