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HomeMy WebLinkAbout2007-6 - Amending Chapter 15.45 of the Newport Beach Municiapl Code Regarding Development AgreementsORDINANCE NO. 2007 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.45 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING DEVELOPMENT AGREEMENTS WHEREAS, the City Council of the City of Newport Beach adopted Ordinance No. 82- 30, adding Chapter 15.45 Development Agreements to the Newport Beach Municipal Code; and WHEREAS, the City Council approved a comprehensive update to the Newport Beach General Plan on July 25, 2006, which update was approved by the voters, pursuant to Charter Section 423, on November 7, 2006; and WHEREAS, the General Plan allows new land uses and more development than had previously been allowed on some properties; and WHEREAS, the City Council recognizes that much of the additional development will require future legislative changes to the Zoning Code and Coastal Land Use Plan. The City Council wishes to provide the ability for development allowed in the General Plan and approved by the voters to be implemented gradually and thoughtfully over an extended period of time, to provide developers with certainty regarding development impact fees, and to provide a mechanism for developers who benefit from these protections and the increased development opportunities to provide additional public benefits to support implementation of the General Plan; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Chapter 15.45 Development Agreements of the Newport Beach Municipal Code is hereby amended to add a new Section 15:45.020, as follows, and to renumber subsequent sections as 15.45.030 Application and Fees through 15.45.100 Recordation. 15.45. 020 Development Agreement Required A. Development Agreements shall be required in conjunction with City approval of the following development projects 1. Projects for which a Development Agreement is required per General Plan policy, or 2. Projects that require a General Plan amendment, Zoning Code amendment or other legislative act and that have one or more of the following characteristics: a. Include the development of fifty (50) or more residential units. b. Include residential development in the Mariners' Mile corridor, as this geographic area is described in the General Plan Land Use Element. c. Include new non - residential development in Statistical Area L1 (Newport Center), Statistical Area L3 (North Ford Area), or Statistical Area L4 (Airport Area). B. Notwithstanding the provisions of Section 1.45.020 A, a Development Agreement shall not be required for a project that includes remodeling of existing building floor area, without the addition of new floor area. C. The City Council may waive the requirement for a Development Agreement, except for one required by General Plan policy, if it finds that the legislative act is of a minor nature, the project provides significant public benefits to the City, or the nature of the project is such that neither the City nor the developer would benefit from a Development Agreement. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that R would have passed this, ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 13th day of March, 2007, and adopted on the 27th day of March, 2007, by the following vote, to wit: AYES, COUNCIL MEMBERS Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None i MAYOR I� CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE 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 ordinance, being Ordinance No. 2007 -6 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 27th day of March 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 28th day of March 2007. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2007 -6 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: March 31, 2007. 1 In witness whereof, I have hereunto subscribed my name this l�7 h day of r;l 2007. � U � ' City Clerk City of Newport Beach, California