HomeMy WebLinkAbout1773 - RECOMMEND ADOPTION OF DA_ ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY AND SOBER LIVING BY THE SEARESOLUTION NO. 1773
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NEWPORT BEACH
RECOMMENDING CITY COUNCIL ADOPTION, WITH
AMENDMENTS, OF DEVELOPMENT AGREEMENT
2008 -005 (ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND SOBER LIVING BY THE
SEA) (PA2008 -199)
WHEREAS, on November 20, 2008, the Planning Commission held a duly noticed
public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, at which time the Planning Commission considered the Development Agreement
(Zoning Implementation and Public Benefit Agreement). A notice of time, place, and purpose
of the meeting was duly given in accordance with the Municipal Code. Evidence, both written
and oral, was presented to and considered by the Planning Commission at this meeting,
including the evidence and arguments submitted by the City staff and all interested parties.
WHEREAS, consideration and adoption of the Development Agreement has been
determined to be categorically exempt under the requirements of the California Environmental
Quality Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been
determined not to have a significant effect on the environment and is exempt from the provisions
of CEQA. This activity is also covered by the general rule that CEQA applies only to projects
that have the potential for causing a significant effect on the environment (Section 15061(b)(3)
of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this
activity will have a significant effect on the environment and it is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council adopt, with amendments, Development Agreement 2008 -005 (Zoning
Implementation and Public Benefit Agreement between the City of Newport Beach and Sober
Living by the Sea). The amendments recommended by the Planning Commission are as
follows:
1. In the Zoning Agreement text (Section 24E), the City should clarify within the "Entire
Agreement" section that the Zoning Agreement does not supersede the Settlement
Agreement.
2. In the Zoning Agreement text (Section 11 A -B), the way that the City described the term of
the Agreement may be overly complex — the City may wish to change the language to
cause the Term to be "25 years from the date that the City Council adopts the Ordinance
enacting the Zoning Agreement."
3. In Exhibit B (Section 8) to the Zoning Agreement, the City should ensure that Sober Living
by the Sea's client transport vehicles are clearly marked, to allow the City (and the public)
to follow Sober Living's complying with the approved Route Plans.
4. Exhibit B, Section A7 of the Zoning Agreement should be changed to clarify that the
section only allows the eight identified addresses to be exceptions to the "one building per
block" rule and the "no buildings on opposite sides of the same street" rule.
Planning Commission Resolution No. _
Page 2 of 2
5. In Exhibit B, Section C1 (Most Favored Nation) of the Zoning Agreement, "more" should
be substituted for "less" to reflect the fact that a more favorable provision offered to
another operator would be a provision allowing more concentration, not less.
6. In Exhibit B (Section A1-4) of the Zoning Agreement, the City Council should consider
whether the bed count limits should refer to "occupied" beds instead of "provided" beds.,
7. Sober Living should be asked to warranty and represent the number of beds or facilities it
has in the community at the time the Zoning Agreement is executed.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER, 2008.
AYES: Unsworth, Hawkins, Peotter,
McDaniel, Toerqe and Hillgren
NOES: Eaton
ABSENT: None
My
Scott Peott6r. . Chairman