HomeMy WebLinkAbout2003-62 - 3450 Via Oporto - PA2003-213RESOLUTION NO. 2003. 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENE PLAN AMENDMENT NO. 20010
AND LOCAL COASTAL PLA MENDMENT NO. 2003 -004, FOR
PROPERTY LOCATED AT 3450 VIA OPORTO (PA2003 -213)
Section 1. An application was initiated by the City of Newport Beach to amend
the General Plan and Local Coastal Program land use designations from Governmental,
Educational, and Institutional Facilities to Retail & Service Commercial for a property
located at 3450 Via Oporto.
Section 2. A public hearing was held by the Planning Commission on November
6, 2003, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
Califomia. A notice of time, place and purpose of the aforesaid meeting was given in
accordance with the Municipal Code. Evidence, both written and oral, was presented to
and considered by the Planning Commission. At the conclusion of said hearing, the
Planning Commission adopted Resolution No. 1618, recommends that the City Council
approve General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment
No. 2003 -004.
Section 3. A public hearing was held by the City Council on November 25, 2003
in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A
notice of time, place and purpose of the aforesaid meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to and considered by
the City Council.
Section 4. The City Council finds as follows:
1. The subject property was designated for commercial uses with the 1953 Master
Plan and 1973 General Plan. During the adoption of the 1988 Land Use Element
map, the subject property was designated Governmental, Educational, and
Institutional Facilities in error.
2. The property was developed with commercial use (a restaurant) when it was
designated Governmental, Educational, and institutional Facilities. The change
from commercial designation to Govemmental, Educational, and Institutional
Facilities was an inadvertent mapping error. The City had no intention to change
the designation to GEIF when the site was developed for commercial uses. The
most appropriate designation for the subject property is Retail & Service
Commercial to accommodate the continued commercial use of the property.
3. The Local Coastal Plan Amendment will not become effective until approval of
the Amendment by the Coastal Commission.
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4. Pursuant to Section 13518 of the California Code of Regulations this Land Use
Plan amendment shall take effect automatically upon Coastal Commission action
unless the Coastal Commission proposes suggested modifications. In the event
that the Coastal Commission proposes revisions, this Land Use Plan amendment
shall not take effect until the City Council adopts the Commission modifications
and all the requirements of Section 13544 of the California Code of Regulations
are met.
5. The proposed amendments have been determined to be Categorically Exempt
under the Class 1 (Existing Facilities) requirements of the California
Environmental Quality Act (CEQA).
Section 5. Based on the aforementioned findings, the City Council hereby
approves General Plan Amendment No. 2003 -010 and Local Coastal Plan Amendment
No. 2003 -004 as depicted in Attachment "1 ".
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 25th day of
November, 2003 by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
Rosansky, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
None
ABSENT, COUNCIL MEMBERS
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, Deputy 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. 2003 -62 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
25th day of November, 2003, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: Heffernan
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of November, 2003.
�FWPp
o � Deputy City Clerk
Newport Beach, California
3
(Seal)