Attachment A
Draft Ordinance - Third Amendment to
DA2012-003
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ORDINANCE NO. 20 25-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
NO. DA2012 -003 FOR THE PROPERTY AT 4321
JAMBOREE ROAD LOCATED WITHIN UPTOWN
NEWPORT PLANNED COMMUNITY (PA2025-0010)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach (“City”), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, a n application was filed by Uptown Newport Jamboree, LLC (“Applicant”) with respect to a 25.05- acre property located at 4141- 4321 Jamboree Road, 4251-4291 Uptown Newport Drive and 4288 Half Dome Place, legally described as Parcels 1 through 4 of Parcel Map No. 2013-108 (“Property”); WHEREAS, t he Applicant proposes to amend Section 4.5 (Light Industrial Land Uses) of Development Agreement No. DA2012- 003 (“Third Amendment to DA”), to extend the existing light industrial land uses currently operating as Tower Semiconductor (AKA TowerJazz) located within future Phase 2 of Uptown Newport Planned Community (PC -58) by 3.5 years, from March 12, 2027, to September 12, 2030 (“Project”);
WHEREAS, t he Property is designated Mixed- Use Horizontal 2 (MU -H2) by the General Plan Land Use Element and located within the Uptown Newport Planned Community Zoning District (PC-58);
WHEREAS, t he Property is not located within the coastal zone; therefore, a coastal development permit is not required;
WHEREAS, t he Newport Beach City Council (“City Council”) adopted Ordinance No. 2013- 5 on March 12, 2013, approving the Uptown Newport Planned Community Development Plan (“Uptown Newport PC”);
WHEREAS, t he City Council adopted Ordinance No. 2013-6 on March 12, 2013, approving Development Agreement No. DA 2012- 003 (“DA”) for the development of up to 1,244 residential dwelling units, 11,500 square feet of retail commercial uses and
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