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HomeMy WebLinkAbout2004-69 - Marinapark Resort & Community PlanRESOLUTION NO. 2004- 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE MARINAPARK RESORT AND COMMUNITY PLAN AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 AS CALLED BY RESOLUTION NO. 2004 -53. WHEREAS, the City Council has, by Resolution No. 2004 -53 that was adopted on June 22, 2004, called a General Municipal Election on Tuesday, November 2, 2004; and WHEREAS, Section 423 of the City Charter and the Measure S Guidelines require voter approval of any amendment to the General Plan that exceeds certain thresholds, and WHEREAS, the City Council has, pursuant to an agreement with the proponent of the Marinapark Resort and Community Plan (Project) and assuming certification of the relevant Environmental Impact Report, committed to submitting to the electorate those General Plan Amendments necessary to ensure that the Project conforms to the Land Use and Recreation and Open Space Elements; and WHEREAS, the City Council the proposed amendments to the Land Use and Recreation and Open Space Elements require voter approval pursuant to the provisions of Section 423 of the City Charter and the Measure S Guidelines because the increase in intensity exceeds 40,000 square feet of floor area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 2, 2004, the following question: Shall the Newport Beach General Plan designations for Marinapark, approximately 8 acres of City -owned bay front property on Balboa YES Peninsula between the American Legion and 18th Street, be amended from Recreation and Environmental Open Space to Recreational and Marine Commercial to permit a resort with a maximum of 110 guest units (including twelve timeshare units) and 96,000 square feet on approximately 5 acres and a Community NO Center and public recreation facilities on 3 acres? SECTION 2. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 3. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON JULY 27, 2004. ATTEST: CITY CLERK YOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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 resolution, being Resolution No. 2004 -69 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 July, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Adams, Bromberg, Mayor Ridgeway Noes: Heffernan, Webb, Nichols 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 July, 2004. (Seal) Citv Clerk Newport Beach, California