HomeMy WebLinkAbout2007-56 - 900 Newport Center DriveRESOLUTION NO. 2007- 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING LCP AMENDMENT NO. 2005-
001 WITH MODIFICATIONS APPROVED BY THE CALIFORNIA
COASTAL COMMISSION INCLUDING THE ADDITION OF A NEW
POLICY TO CHAPTER 2, SECTION 2.3 (VISITOR- SERVING AND
RECREATION DEVELOPMENT) OF THE COASTAL LAND USE
PLAN FOR PROPERTY LOCATED AT 900 NEWPORT CENTER
DRIVE
WHEREAS, on January 10, 2006, the City Council approved Local Coastal
Plan Amendment No. 2005 -001 changing the Coastal Land Use Plan designation of
a 4.25 -acre site located at 900 Newport Center Drive from CV -B (Visitor - Serving
Commercial) to RM -C (Medium Density Residential) allowing the development of
79 residential condominiums; and
WHEREAS, the City Council resolved that LCP Amendment No. 2005 -001
shall not take effect until the City Council adopts any modifications proposed by the
California Coastal Commission; and
WHEREAS, on July 10, 2007, the Coastal Commission approved the
proposed Local Coastal Plan Amendment with the modifications contained in Exhibit
1 on grounds that the proposed amendment with suggested modifications will meet
the requirements of, and be in conformity with, the policies of Chapter 3 of the
California Coastal Act; and
WHEREAS, the City Council finds that the proposed amendment with the
modifications is consistent with Section 30213 of the Coastal Act, which requires
lower cost visitor and recreational facilities be "protected, encouraged, and where
feasible, provided." In addition, the proposed amendment would not have an
adverse effect on the priority "visitor- serving commercial recreational facilities" to be
provided under Section 30222 of the Coastal Act for the following reasons:
1. The adoption of a new Coastal Land Use Plan policy requires a payment of a
fee by Lennar Homes to mitigate for the loss of visitor - serving land in the
Newport Center by providing funding in the amount of five million
(5,000,000.00) dollars for the protection, enhancement and provision of lower -
cost visitor - serving uses at Crystal Cove State Park.
2. The policy includes provisions to adjust the mitigation fee to account for
inflation.
3. The implementation of the mitigation requirement would be carried out
through the coastal development permit process with the California Coastal
Commission.
WHEREAS, a Mitigated Negative Declaration (MND) has been prepared for
the proposed project in accordance with the implementing guidelines of the
California Environmental Quality Act (CEQA). The document was made available
for public review and comment during a 30 -day review period from July 15 to
August 15, 2005 and subsequently approved by the City Council on January 10,
2006.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned
findings, the City Council hereby approves LCP Amendment No. 2005 -001 with the
modifications approved by the California Coastal Commission as contained in
attached Exhibit 1.
This resolution shall take effect immediately upon adoption. Passed and adopted at
a regular meeting of the City Council of the City of Newport Beach held on July 24,
2007, by the following vote, to wit:
AYES, COUNCIL MEMBERS xenn,Curry, Selich,webb,
Daigle. Gardner, Ma3.nr RncanQ1q,
NOES, COUNCIL MEMBERS Sone
ABSENT COUNCIL MEMBERS None
ATT T
o� /'� - dpqLa'
CITY CLERK
EXHIBIT 1
THE FOLLOWING ADDITION TO CHAPTER 2, SECTION 2.3 (VISITOR -
SERVING AND RECREATIONAL DEVELOPMENT) OF THE CITY OF
NEWPORT BEACH LOCAL COSTAL PROGRAM COASTAL LAND USE PLAN:
2.3.1 -8 LCP Amendment No. 2005 -001 (NPB- MAJ -1 -06 Part A) to the Coastal
Land Use Plan changing a portion of land, not to exceed 4.25 acres in
size, designated Visitor - Serving Commercial (CV) in Newport Center to
a residential designation shall require a payment of a fee to mitigate for
the loss of visitor - serving land. The mitigation fee shall be used for the
protection, enhancement and provision of lower -cost visitor - serving
uses at Crystal Cove State Park. The mitigation fee shall be in the
amount of five million (5,000,000.00) dollars to off -set the loss of the
priority land use in Newport Center. The mitigation fee shall be paid
prior to issuance of any coastal development permit granted for any
residential project within the newly designated area and to an entity,
identified by the permitting agency, capable of implementing the
mitigation at Crystal Cove State Park. Until paid in accordance with the
terms and conditions of the coastal development permit, the amount
shall be increased every July 1s` by an amount calculated on the basis
of the percentage change from the year 2007 in the California
Consumer Price Index for Urban Consumers as determined by the
entity that grants the coastal development permit.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -56 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
24th day of July 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of July 2007.
(Seal)
City Clerk
Newport Beach, California