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