Laserfiche WebLink
Ordinance No. 2021-2 <br />Page 4 of 6 <br />WHEREAS, Section 15.45.040 (Contents) of the NBMC requires inclusion of the <br />permitted uses of the property, density or intensity of uses, maximum height and size of <br />proposed buildings and any reservation or dedication of land required into a development <br />agreement; <br />WHEREAS, Section 15.45.040 (Contents) of the NBMC permits inclusion of <br />additional provisions into the development agreement, including but not limited to, <br />conditions, terms, restrictions and requirements for subsequent discretionary actions as <br />well as specifying when construction commence; <br />WHEREAS, Development Agreement No. DA2020-002 satisfies the mandatory <br />elements of Section 15.45.040 (Contents) of the NBMC in providing for the development <br />of 260 dwelling units, exclusive of any permitted density bonus and specifies the provision <br />for the dedication of parkland; <br />WHEREAS, Development Agreement No. DA2020-002 further satisfies other <br />mandatory elements of Section 15.45.040 (Contents) of the NBMC in the definition of <br />Development Plan which incorporates all land use approvals required for the Project; <br />WHEREAS, Development Agreement No. DA2020-002 also provides other non- <br />mandatory elements, including a term of 10 years for completion of the Project along with <br />providing public benefits that are appropriate to support conveying the vested <br />development rights consistent with the City of Newport Beach General Plan, NBMC, and <br />Government Code Sections 65864 et seq.; and <br />WHEREAS, the public benefits include the payment of a $500,000 public safety <br />fee to provide new emergency response services or Fire Department equipment to serve <br />the Airport Area and $7,500,000 public benefit fee to be used by the City Council as <br />specified in Development Agreement. <br />NOW THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />Section 1: The City Council has considered the recommendation of the <br />Planning Commission and has determined that modifications to the Project made by the <br />City Council, if any, are not major changes that require referral back to the Planning <br />Commission for consideration and recommendation. <br />Section 2: The City Council hereby approves Development Agreement No. <br />DA2020-002, which is attached hereto and incorporated herein by reference as Exhibit <br />"B„ <br />