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HomeMy WebLinkAbout24 - Emerson Island AnnexationCITY OF °� m= NEWPORT BEACH Agenda Item No. 24 City Council Staff Report November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner APPROVED: TITLE: Emerson Island Annexation Located at the Northeast Corner of Tustin Avenue and Emerson Street (PA2012 -034) ABSTRACT The project consists of the annexation of the Emerson Island, which is located in unincorporated Orange County between the cities of Costa Mesa and Newport Beach at the northeast corner of Tustin Avenue and Emerson Street. Emerson Island consists of nine (9) lots totaling less than two (2) acres in area developed with single- and multiple - unit residential dwellings. On November 8, 2012, the Planning Commission conducted a public hearing and recommended City Council approval of the General Plan Amendment and Zoning Code Amendment (prezoning). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. 110 approving General Plan Amendment No. GP2012 -001 (Attachment A); and 3) Introduce Ordinance No. 23 approving Zoning Code Amendment No. CA2012 -002 (Attachment B), and pass to second reading on January 8, 2013; and 4) Adopt Resolution No. 111 requesting the Local Agency Formation Commission to initiate proceedings for the annexation (Attachment C); and 5) Adopt Resolution No. 112 approving a property tax exchange agreement with the County of Orange (Attachment D). I 2 Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 2 FUNDING REQUIREMENTS A budget amendment is not required. There is minimal fiscal impact related to this item. Due to the small size of the Emerson Island, the annexation is not expected to result in substantial property tax revenues, one -time or continuing expenses. DISCUSSION Vicinity Map 3 11 Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 3 Project Setting and Description The Emerson Island is located in unincorporated Orange County between the cities of Costa Mesa and Newport Beach at the northeast corner of Tustin Avenue and Emerson Street. The area to be annexed consists of 9 lots totaling less than 2 acres in area developed with single- and multiple -unit dwellings. The project is for the annexation of the Emerson Island. No site grading or construction is proposed with this application as the entire area is fully developed. The project includes a General Plan Amendment, Zoning Code Amendment (prezoning), initiation of the annexation process with the Orange County Local Agency Formation Commission ( "OC LAFCO "), and a property tax transfer agreement with the County of Orange and related agencies. Background The Emerson Island is currently part of unincorporated Orange County and was placed in the Newport Beach sphere of influence ( "SOI ") by OC LAFCO in September 2002. On July 17, 2003, the Planning Commission recommended to the City Council the initiation of amendments to the General Plan and Zoning Code to facilitate the annexation of the Emerson Island. On July 22, 2003, the City Council approved the initiation of amendments to the General Plan and Zoning Code relating to the annexation of the Emerson Island. On November 20, 2003, the Planning Commission recommended City Council approval of a General Plan Amendment and Zoning Code Amendment for the annexation of the Emerson Island. On January 13, 2004, the City Council adopted a resolution approving the General Plan Amendment and an ordinance approving the prezoning for the Emerson Island. Notwithstanding these approvals, no application to annex the area was filed with OC LAFCO. Staff is now currently processing the application to complete the project. Due to the General Plan update in 2006 and subsequent Zoning Code rewrite in 2010, revised General Plan and Zoning Code (prezoning) Amendments are required. Planning Commission Action On November 8, 2012, the Planning Commission voted (7 ayes, 0 noes) to recommend City Council approval of General Plan Amendment No. GP2012 -001 and Code Amendment No. CA2012 -002 (the resolution and draft minutes are provided as Attachments E and F). At the meeting, the Commission considered the existing development, existing County land use and zoning designations, and the existing 9 Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 4 development on and zoning of surrounding properties. The Commission discussed the Emerson Island being within the SO] since 2002 and other islands in the area that may be annexed by Costa Mesa in the future. The Planning Commission Staff Report is available online at: http: / /newportbeachca.gov /PLN /PLANNING COMMISSION/11-08- 2012/4.0 Emerson %201sland %20Annexation PA2012- 034.pdf Analysis General Plan and Zoning Code Section 20.66.060 ( Prezoning— Annexations) of the Zoning Code requires prezoning before annexation to the City. The zoning is required to be in compliance with the General Plan; therefore General Plan and Zoning Code Amendments are required prior to Emerson Island annexation. The Orange County General Plan designates the properties as Suburban Residential (1 B), which allows for a wide range of housing types from 0.5 to 18.0 dwelling units per acre. The Orange County Zoning Code designates the properties as R2 (2400) Multi - Family Dwellings, which allows single - family dwellings and multifamily projects of four or fewer dwelling units. The 2400 in parenthesis following the R2 designation refers to the 2,400 square feet of land area required per unit. Seven of the nine lots within the Emerson Island are developed with single -unit dwellings. The four properties on Churchill Court were developed as a planned development with a Use Permit and Parcel Map approved by the County. These lots are smaller than the other lots in the vicinity and are developed with one unit on each lot. In addition, 410 Emerson Street is developed with two dwelling units and 416 -420 Emerson Street is developed with three dwelling units. The property owner of 410 Emerson Street requests that the City's land use and zoning allow for two dwelling units to maintain the status quo. The property owner of 416 -420 Emerson Street requests that four units be allowed under City Zoning Code standards. Under County Zoning Code standards four units could be built and the property previously had a fourth unit that was demolished. The property owner intends to construct a fourth unit on the lot in the future. As to the three lots along Tustin Avenue, the Planning Commission recommends a Single -Unit Residential Detached (RS -D) General Plan Land Use Element designation and Single -Unit Residential (R -1) zoning designation with the purpose of maintaining consistency with the existing development on site and with surrounding properties. In order to avoid creating any nonconforming properties in regards to number of dwelling units, the proposed land use designation for the remaining properties along the two private streets is Multiple Residential (RM) and the proposed zoning designation is Multiple Residential (RM), with a cap of ten dwelling units total for all six residential lots. NO Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 5 Table 1 compares the existing development to the existing and proposed Zoning Districts. Table 2 compares the development standards under the existing Orange County Zoning Code to the development standards under the proposed City Zoning Code designations. Table 1 Zoning Comparison Address Existing Development County Zoning Proposed CNB Zoning 2078 Tustin Ave. One dwelling unit R2 (2400) R -1 2074 Tustin Ave. One dwelling unit R2 2400 R -1 2072 Tustin Ave. One dwelling unit R2 2400 R -1 410 Emerson St. Two dwelling units R2 2400 RM 2071 Churchill Ct. One dwelling unit R2 2400 RM 2072 Churchill Ct. One dwelling unit R2 2400 RM 2074 Churchill Ct. One dwelling unit R2 2400 RM 2075 Churchill Ct. One dwelling unit R2 2400 RM 416 -420 Emerson St. Three dwelling units R2 (2400) RM Table 2 Development Standards Comparison Adjacent properties to the northwest along Tustin Avenue are designated as R2 -MD Multiple Family Residential (Medium Density) in the City of Costa Mesa Zoning Code. The properties located southwest of the Emerson Island are designated as Single Family Residential by the City of Costa Mesa's Zoning Code. The Planning Commission believes the proposed City Zoning designations are compatible and consistent with the current County Zoning, the existing development, the surrounding development, and the City of Costa Mesa Zoning Districts. Pre - Annexation Right of Way Improvements Agreement Public Works Department staff has identified right -of -way improvements that should be completed by the County of Orange prior to or shortly after annexation. These N County R2 CNB R -1 CNB RM 24' flat, 29' Height Limit 35' sloped 28' flat, 33' sloped Front Setback 20' 20' 20' Side Setbacks 5' 3' or 4' 8% of lot width Rear Setback 25' 10' 10' Floor Area Limit NA 2 X buildable 1.75 X buildable area area Adjacent properties to the northwest along Tustin Avenue are designated as R2 -MD Multiple Family Residential (Medium Density) in the City of Costa Mesa Zoning Code. The properties located southwest of the Emerson Island are designated as Single Family Residential by the City of Costa Mesa's Zoning Code. The Planning Commission believes the proposed City Zoning designations are compatible and consistent with the current County Zoning, the existing development, the surrounding development, and the City of Costa Mesa Zoning Districts. Pre - Annexation Right of Way Improvements Agreement Public Works Department staff has identified right -of -way improvements that should be completed by the County of Orange prior to or shortly after annexation. These N Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 6 improvements are identified in the attached Public Works Memorandum (Attachment G) and include the installation of sidewalks and street trees along Tustin Avenue. Staff recommends that the City Council direct staff to work with the County of Orange on a right -of -way improvements agreement that would include the improvements identified in the Public Works Memorandum and an understanding as to the timing of installation. Airport Environs Land Use Plan (AELUP) The Emerson Island is located within the Planning Area for John Wayne Airport in the Airport Environs Land Use Plan ( "AELUP "). The Airport Land Use Commission ( "ALUC ") has found the City of Newport Beach to be a consistent agency with the AELUP. However, the AELUP requires that General Plan and Zoning Code Amendments for consistent agencies be referred to the ALUC for a determination prior to City action. At its November 15, 2012, meeting the ALUC voted to find the proposed amendments related to the annexation consistent with the AELUP. Tribal Consultation Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ( "NAHC ") each time it considers a proposal to adopt or amend it's General Plan. If requested by any tribe, the City must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that seven (7) tribe contacts should be provided notice regarding the proposed project. The appropriate contacts supplied by the NAHC were provided notice on May 18, 2012, to allow contacts an opportunity to request consultation. Section 65352.3 of the California Government Code requires 90 days to allow the contacts to respond to the request to consult unless the contacts mutually agree to a shorter time period. That 90 -day period ended on August 17, 2012, and the City did not receive any contacts or responses regarding the proposed General Plan Amendment. Charter Section 423 Council Policy A -18 establishes guidelines for implementing Section 423 of the City Charter (Protection from Traffic and Density). Policy A -18 requires that any proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate would be required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of nonresidential floor area; or adds more than 100 dwelling units in a statistical area. The proposed General Plan Amendment is not subject to Section 423 of the City Charter because the proposed amendment is translating the existing development and County land use designations to City land use designations. The amendment does not 0 Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 7 provide for any increase in density from what is allowed under the Orange County General Plan; therefore, it will not result in increases in peak hour trips, dwelling units, or square footage. Council Policy D -2 Council Policy D -2 sets forth annexation guidelines and requires 14 items to be evaluated, including land use, demographics, services, and traffic. The items and relevant information are provided as Attachment H. Subsequent Action Should the City Council approve the project, the annexation application to OC LAFCO will be finalized. If the annexation is approved by OC LAFCO, after the mandatory reconsideration and protest periods totaling 51 days, the OC LAFCO will record a certificate of completion and the annexation will be complete. At that time, the amendments will be effective and Emerson Island will be within the City's corporate boundaries. ENVIRONMENTAL REVIEW The Planning Commission recommends that the City Council find that all significant environmental concerns for the proposed project have been addressed in a previously adopted Negative Declaration (Attachment 1). The Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act ( "CEQA "), the State CEQA Guidelines, and City Council Policy K -3. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. The City Council adopted the Negative Declaration on January 13, 2004. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. I Emerson Island Annexation (PA2012 -034) November 27, 2012 Page 8 NOTICING Notice of this project was published in the Daily Pilot, mailed to property owners within 300 feet of the property, mailed to relevant agencies, and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Rimberly Brand O. Director Attachments: A. Draft Resolution Approving General Plan Amendment No. GP2012- 001 B. Draft Ordinance Approving Code Amendment No. CA2012 -002 C. Draft Resolution Requesting the OC LAFCO to Initiate Proceedings for the Annexation D. Draft Resolution Approving a Property Tax Exchange Agreement with the County of Orange E. Planning Commission Resolution F. Planning Commission Minutes (Unofficial) G. Public Works Memo H. Council Policy D -2 Analysis I. Negative Declaration 10 City Council Attachment A Draft Resolution Approving General Plan Amendment No. GP2012 -001 11 12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2012 -001 TO ESTABLISH LAND USE DESIGNATIONS FOR THE UNINCORPORATED EMERSON ISLAND (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. City of Newport Beach ( "City ") desires to initiate proceedings pursuant to the Cortese- Knox - Herzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory known as Emerson Island to the City. 2. City has submitted an application to the Orange County Local Agency Formation Commission ( "OC LAFCO ") to annex the unincorporated Emerson Island. 3. The Emerson Island is 1.88 acres of unincorporated territory located northeast of Tustin Avenue and Emerson Street immediately south of the City's boundary. 4. The Emerson Island is within the City's Sphere of Influence. 5. Including this territory within the Land Use Element of the General Plan is a necessary component of the annexation process. 6. The concurrent amendment to the Zoning Code will provide consistency with the proposed General Plan Amendment. 7. On July 25, 2006, the City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan. 8. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. 9. On January 13, 2004, the City Council adopted Resolution No. 2004 -5 approving a General Plan Amendment for the Emerson Island. Due to the General Plan update in 2006 and subsequent Zoning Code update in 2010, a new General Plan Amendment is required. The land use designations approved by this resolution supersedes the previous land use designations approved by Resolution No. 2004 -5. 10.This General Plan Amendment is not subject to Section 423 of the City Charter (Protection from Traffic and Density) because the proposed amendment is 13 City Council Resolution No. 2012 - Page 2 translating the existing development and the County land use designations to City land use designations. The amendment does not provide for any increase in density from what is allowed under the Orange County General Plan; therefore, it will not result in increases in peak hour trips, dwelling units, or square footage. 11. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on May 18, 2012. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on August 17, 2012. No requests for consultation were received. 12. At the November 8, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed General Plan Amendment. 13. The Orange County Airport Land Use Commission held a meeting on November 15, 2012, and voted to find the proposed amendments consistent with the Airport Environs Land Use Plan for John Wayne Airport. 14.A public hearing was held on November 27, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council, including the testimony of the interested parties, affected agencies, and the evaluation and recommendations by staff. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004, with Resolution No. 2004 -5. 14 City Council Resolution No. 2012 - Page 3 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. FINDINGS 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The subject application was reviewed to determine if the amendment would be beneficial to the Emerson Island and surrounding area and to ensure that the annexation would not be detrimental to the City. 2. The Emerson Island is developed with single- and multiple -unit dwellings. The amendment provides land use designations consistent with existing land uses and designations in the area and the existing development within Emerson Island. The amendment will provide for preservation of the area's character and living environment for residents and property owners. 3. The amendment will not adversely affect the public health, safety, and welfare of the City. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2012 -001 establishing land use designations of RS -D (Single - Unit Residential Detached) and RM (Multiple -Unit Residential) to apply to land within the Emerson Island as depicted in Exhibit "A." 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. 15 City Council Resolution No. 2012 - Page 4 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27th day of November, 2012, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR ATTEST: IIaIWa.0 3:z r�m►I to] I WK01 I : I V rl 10 Costa Mesa RS -D . 2�S TS T RM 10 du • Existing City Boundary -----Proposed City Boundar le / P P� O� GP2012 -001 (PA2012 -034) r6wvpe� General Plan Amendment Emerson Island Annexation GP2012 -001 RM ExhibitANovember /2012 Exhibit A 0 50 100 mmmmmmK== Feet E) 12 City Council Attachment B Draft Ordinance Approving Code Amendment No. CA2012 -002 19 20 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -002 FOR PREZONING THE UNINCORPORATED EMERSON ISLAND (PA2012 -034) WHEREAS, City of Newport Beach ( "City ") desires to initiate proceedings pursuant to the Cortese - Knox - Herzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory known as Emerson Island to the City; and WHEREAS, City has submitted an application to the Orange County Local Agency Formation Commission to annex the unincorporated Emerson Island; and WHEREAS, the Emerson Island is 1.88 acres of unincorporated territory located northeast of Tustin Avenue and Emerson Street immediately south of the City's boundary; and WHEREAS, the Emerson Island is within the City's Sphere of Influence; and WHEREAS, prezoning this territory is a necessary component of the annexation process; and WHEREAS, the concurrent amendment to the Land Use Element of the General Plan will provide consistency with the proposed Zoning Code Amendment; and WHEREAS, on July 25, 2006, the City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan; and WHEREAS, on October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan; and WHEREAS, on January 27, 2004, the City Council adopted Ordinance No. 2004- 1 approving a Code Amendment (prezoning) for the Emerson Island. Due to the General Plan update in 2006 and subsequent Zoning Code update in 2010, a new Zoning Code Amendment (prezoning) is required; and WHEREAS, at the November 8, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes, 0 absent), forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; and 21 Ordinance No. 2012 - Page 2 WHEREAS, the Orange County Airport Land Use Commission held a meeting on November 15, 2012, and voted to find the proposed amendments consistent with the Airport Environs Land Use Plan for John Wayne Airport; and WHEREAS, a public hearing was held on November 27, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council, including the testimony of the interested parties, affected agencies, and the evaluation and recommendations by staff. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council does hereby approve Code Amendment No. CA2012 -002, establishing prezoning of R -1 (Single -Unit Residential) and RM (Multiple Residential) Zoning Districts to apply to land within the Emerson Island as depicted in Exhibit "A." SECTION 2: This ordinance shall supersede the prezoning previously approved by Ordinance No. 2004 -1 for the Emerson Island. SECTION 3: The approval of the Zoning Code Amendment set forth in this ordinance shall become effective on the date the annexation described herein is effective and only if the annexation is approved by the Orange County Local Agency Formation Commission at which point the Zoning Map shall be amended as provided in Exhibit "A." SECTION 4: The City Council finds that: 1. Amendments to the Zoning Code are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The subject application was reviewed to determine if the amendment would be beneficial to the Emerson Island and surrounding area and to ensure that the annexation would not be detrimental to the City. 2. The Emerson Island is developed with single- and multiple -unit dwellings. The amendment provides zoning designations consistent with existing land uses and zoning in the area and the existing development within Emerson Island. The amendment will provide for preservation of the area's character and living environment for residents and property owners. 3. The amendment will not adversely affect the public health, safety, and welfare of the City. 22 Ordinance No. 2012 - Page 3 SECTION 5: 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 it 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 6: 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004. 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is be required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 7: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of November, 2012, and adopted on the 11th day of December, 2012, by the following vote, to wit: 23 Ordinance No. 2012 - Page 4 AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS NANCY GARDNER, MAYOR U421143n LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: AARON HARP, CITY ATTORNEY 24 ®I ®I rS, .} r Costa Mesa R -1 R -1 -1000 �y2 RM PQO� 10 du 0 -- Existing City Boundary -- Proposed City Boundary 'The number following "R -1" represents the minimum lot size for newly created lots CA2012 -002 (PA2012 -034) rpwroq� F4 m� Zoning Code Amendment Emerson Island Annexation CA2012 -002 RM ExhibitBNovember /2012 Exhibit A P 0 75 150 Feet E) \1\ Itl M City Council Attachment C Draft Resolution Requesting the OC LAFCO to Initiate Proceedings for the Annexation 27 22 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING APPLICATION TO AND REQUESTING THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF APPROXIMATELY 1.9 ACRES OF PROPERTY KNOWN AS EMERSON ISLAND WITHIN ITS SPHERE OF INFLUENCE TO THE CITY OF NEWPORT BEACH (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The City of Newport Beach ( "City ") desires to initiate proceedings pursuant to the Cortese - Knox - Herzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory known as Emerson Island to the City. 2. The Emerson Island is 1.88 acres of unincorporated territory located northeast of the intersection of Tustin Avenue and Emerson Street immediately south of the City's boundary. 3. The proposed annexation area is within the City's Sphere of Influence. 4. A notice of intent to adopt this Resolution of Application has been sent by mail to affected and interested agencies. 5. The principal reasons for the proposed annexation are as follows: • The City anticipates that it can provide more efficient municipal services, especially in the areas of law enforcement and community recreational services, to the area than currently provided. • The City seeks to assist the County of Orange and the Orange County Local Agency Formation Commission ( "OC LAFCO ") in improving and simplifying the service delivery, jurisdiction, and governance of the unincorporated "island" to the City. 6. The territory included within the boundaries of the annexation is inhabited and a description of the boundaries is set forth in Exhibit A and attached hereto and by this reference incorporated herein. 29 City Council Resolution No. 2012 -_ Page 2 7. It is desired that the proposed annexation be subject to terms and conditions established by the OC LAFCO. 8. This proposed annexation is subject to the following terms and conditions: The annexation shall be consistent with Government Code Section 56375.3(a) and other applicable law(s) existing as of the date of the filing of this Resolution. 9. At a public hearing on November 8, 2012, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed General Plan Amendment and Zoning Code Amendment for the land use and prezoning of the Emerson Island. 10. The Orange County Airport Land Use Commission held a meeting on November 15, 2012, and voted to find the proposed amendments consistent with the Airport Environs Land Use Plan for John Wayne Airport. 11.A public hearing was held on November 27, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council, including the testimony of the interested parties, affected agencies, and the evaluation and recommendations by staff. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004, with Resolution No. 2004 -5. 30 City Council Resolution No. 2012 - Page 3 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach, California, hereby adopts and approves this Resolution of Application, and the OC LAFCO is hereby requested to initiate proceedings for the annexation of territory as illustrated in Exhibit "A" (the "Emerson Island Annexation to the City of Newport Beach "), according to the terms and conditions established by OC LAFCO and in the manner provided by the Cortese- Knox - Herzberg Local Government Reorganization Act of 2000. 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27th day of November, 2012, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR 31 ATTEST: LEILANI BROWN. CITY CLERK City Council Resolution No. 2012 - Page 4 S2 0 5 N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT `A' Emerson — Churchill Annexation No. CA 02 -12 to the City of Newport Beach That portion of land situated in the Rancho Santiago de Santa Ana recorded in Book 3, Pages 420 thru 423 of Patents, Records of Los Angeles County on June 28, 1884; in the territory of the County of Orange, State of California, more particularly described as follows: Beginning at an angle point in the existing boundary of the City of Newport Beach as created by "Moden Annexation- Boundary No. 59 ", said angle point being the northwesterly terminus of that certain course shown as "N50 °00'00 "W 226.95 "' in said annexation, said angle point also being a point on the northwesterly right of way line of Tustin Avenue (60.00 feet wide), a tie to said angle point bears North 37 °54'01" West, 1315.90 feet to the Orange County Surveyor's Horizontal Control Station GPS No. 6228; having a coordinate value (U. S. Survey Foot) of North 2182036.092 and East 6058216.492 based upon the Califomia Coordinate Syster. (CCS83), Zone VI, 1983 NAD (1991.35 epoch O. C. S. GPS adjustment) as shown on Tract Ma; No. 15468 recorded in Book 757, Pages 9 through 11, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County; Thence, along said existing City boundary per "Moden Annexation- Boundary No. 59", through its various courses in a generally southeasterly, southwesterly and southeasterly direction to the intersection with the northeasterly terminus of that certain course shown as "N40 °E 165.08 "' on "Aliso No. 1 Annexation" to the City of Costa Mesa, being a point on a common boundary line between the City of Newport Beach and the City of Costa Mesa, Thence, leaving said common cities boundary and along the existing boundary of the City Costa Mesa as created by "Aliso No. 1 Annexation ", "Emerson No. 1 Annexation" and "Annexation No, IA O1 -15" through their various courses, in a generally southwesterly, northwesterly and northeasterly direction to the POINT OF BEGINNING. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT `A' Emerson — Churchill Annexation No. CA 02 -12 to the City of Newport Beach The above described parcel of land contains 1.88 acres, more or less. Unless otherwise noted, all distances are ground based on the California Coordinates Systei (CCS83), Zone VI, 1983 NAD (1991.35 epoch OCS GPS adjustment). To obtain grid distances multiply ground distance by 0.99996972. All as shown on Exhibit `B ", attached hereto and by this reference made a part hereof. This document was prepared by me or under my direction and supervision. Dated this OAday of 2006 Wanda Bale, L.S. 7695 My license expires 12/31/2006 This document does meet the approval of the Orange County Surveyor's Office Dated this y of 2006 UP. 12131/06 N0.7695 Pymond L. Mathe, County Surveyor L.S. 6185 My license expires 3/31/2008 Page 2 of 2 W vl EXHIBIT "B" EMERSON - CHURCHILL ANNEXATION No. CA 02 -12 TO THE CITY OF NEWPORT BEACH SURVEYOR'S STATEMENT CPS NO.6228 THIS PROPOSAL WAS PREPARED BY ME N 2182036.092 DF UNDER MY DIRECTION. 6058218.492 IN PER TR 15468 NM 757/9.11 WARDA BALE. L.S. 95 $A -7AANA '^AVENUE MY LICENSE EXPIRES 12/31/2006 COUNTY SURVEYOR'S STATEMENT SHEET IOF 2 ft EIP W13V06 THIS PROPOSAL DOES MEET THE APPROVAL OF THE ORANGE CDq0Y SURVEYORS DFFI � DATED i 9K= DAY OF 2006. MOND L. MAINE. COUNTY SURVEYOR. L.S. 6185 LNED MY LICENSE EXPIRES 3/31/2008 L4IP1'B wYf�o W60 [ID.3/30E® J+ OF Cll��p THIS PROPOSAL CONTAINS 1.88 ACRES. MORE OR LESS APN: SEE SHEET 2 LEGEND 11 INDICATES RECORD DATA PER ADJOINING ANNEXATION. ANNEXATION BOUNDARY '•'7•''••7�•f EXISTING CITY OF NEWPORT BEACH BOUNDARY, EXISTING CITY OF COSTA MESA BOUNDARY. '�`•�� *•(��f EXISTING COMMON BOUNDARIES BETWEEN THE CITIES OF COSTA MESA Mo NEWPORT BEACH. UNLESS OTHERWISE NOTED.ALL DISTANCES ON THIS MAP ARE GROUND AND ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83). ZONE V1. 1983 NAD 11991.35 EPOCH OCS CPS ADJUSTMENT). TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99996972 0' 50' ®� - - -Hy� - -- 100• too, �� �Q O"-- �4 GRAPHIC SCALE ®�� - Y•100' 00 A o , No. [A A , � 1� I'D A ME TO IxE CITY Of COSTA MESA rIS40-31 '2Y'W 729.97'1 BOB �p�'� I N40.38.22 "E 235.08' 1235.59'1 \ }.1.�.3�.. '�.Ll•'�SiJT 4 o m .�1 1131.65') — _�----- - - - - -- c TUSTIN AVENUE � — — _— _— _ —_ —_� ° e= EXISTING R/W � Z. O y P'g4 MTV OF °a nom w �m a m NEWPORT REACH w F � ®� e i a s $ CHURCHILL C.L. 'YOOEH ANN ExAlION- BOUNDARY No. 59-.'qv — _� _ TO THE CITY OF NEWPORT BEACH "w N40. 00'OG•w! O em540.30'22 70.00' C ®�4Sf L�COURT 0 I� > BONA RE wY —C -ALISO No.I ANNEXATIDH" S00. 38'22 "W 4 TO THE CITY OF COSTA MESA IN40 -E 165.08'1 165.08' 6 COUNTY SURVEYOR'S STATEMENT SHEET IOF 2 ft EIP W13V06 THIS PROPOSAL DOES MEET THE APPROVAL OF THE ORANGE CDq0Y SURVEYORS DFFI � DATED i 9K= DAY OF 2006. MOND L. MAINE. COUNTY SURVEYOR. L.S. 6185 LNED MY LICENSE EXPIRES 3/31/2008 L4IP1'B wYf�o W60 [ID.3/30E® J+ OF Cll��p THIS PROPOSAL CONTAINS 1.88 ACRES. MORE OR LESS APN: SEE SHEET 2 LEGEND 11 INDICATES RECORD DATA PER ADJOINING ANNEXATION. ANNEXATION BOUNDARY '•'7•''••7�•f EXISTING CITY OF NEWPORT BEACH BOUNDARY, EXISTING CITY OF COSTA MESA BOUNDARY. '�`•�� *•(��f EXISTING COMMON BOUNDARIES BETWEEN THE CITIES OF COSTA MESA Mo NEWPORT BEACH. UNLESS OTHERWISE NOTED.ALL DISTANCES ON THIS MAP ARE GROUND AND ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83). ZONE V1. 1983 NAD 11991.35 EPOCH OCS CPS ADJUSTMENT). TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99996972 100' 0' SO' 100' GRAPHIC SCALE 1'•100' 604tl Ip la r MIM A EXHIBIT "B" EMERSON - CHURCHILL ANNEXATION No. CA 02 -12 TO THE CITY OF NEWPORT BEACH rlol 0 w 1, f� �t 44 _10 THE X CITY N OF COSTA ESA 426- 243 -17 e_ o -ALISO No.I ANNEXATION' TO THE CITY OF COSTA MESA CPS NO.6228 PER TR 15468 �� GM 757/9.11 rn SAN'T'A ANA AVENUE —� N r r EXISTING R/W n 0 N K � NEWPORT (MIUM -Y TO E CITY ION- BWPORT BEACH 59."li 0 i0 THE CITY OF NEWPORT BEACH r r BONAIRE WY SHEET 2 OF 2 PROJECT SITE F I IIJLiLJ ooao- � - CP nnrn�nn LOCATION MAP NOT TO s u LEGEND MN ASSESSORS PARCEL MAP NUMBER 11 INDICATES RECORD DATA PER ADJOINING ANNEXATION. ANNEXATION BOUNDARY 'e •'7'•'�••1'•f EXISTING CITY OF NEWPORT BEACH BOUNDMY. EXISTING CITY OF COSTA ESA BOUNDARY. 1���•!•�•!{ EXISTING COMMON BOUNDARIES BETWEEN THE CITIES OF COSTA MESA AND NEWPORT BEACH. UNLESS OTHERWISE NOTEO.ALL DISTANCES ON THIS MM ME GROUND AND ME BASED UPON THE CALIFORNIA COORDINATE SYSTEM ICCS83). ZONE V1. 1953 HAD (1991.35 EPOCH DCS CPS ADJUSTMENT). TO OBTAIN GRID DISTANCE. MULTIPLY GROUND DISTANCE BY 0.99996972 4 -I A CHURCHILL mo COURT C.L. �W-N 426-244-391: APN 426- 244.42 N 4 MN 426 -244.4 MN 426-244.38 COSTA 8ERROTORV MN 426.244 -36' -ALISO No.I ANNEXATION' TO THE CITY OF COSTA MESA CPS NO.6228 PER TR 15468 �� GM 757/9.11 rn SAN'T'A ANA AVENUE —� N r r EXISTING R/W n 0 N K � NEWPORT (MIUM -Y TO E CITY ION- BWPORT BEACH 59."li 0 i0 THE CITY OF NEWPORT BEACH r r BONAIRE WY SHEET 2 OF 2 PROJECT SITE F I IIJLiLJ ooao- � - CP nnrn�nn LOCATION MAP NOT TO s u LEGEND MN ASSESSORS PARCEL MAP NUMBER 11 INDICATES RECORD DATA PER ADJOINING ANNEXATION. ANNEXATION BOUNDARY 'e •'7'•'�••1'•f EXISTING CITY OF NEWPORT BEACH BOUNDMY. EXISTING CITY OF COSTA ESA BOUNDARY. 1���•!•�•!{ EXISTING COMMON BOUNDARIES BETWEEN THE CITIES OF COSTA MESA AND NEWPORT BEACH. UNLESS OTHERWISE NOTEO.ALL DISTANCES ON THIS MM ME GROUND AND ME BASED UPON THE CALIFORNIA COORDINATE SYSTEM ICCS83). ZONE V1. 1953 HAD (1991.35 EPOCH DCS CPS ADJUSTMENT). TO OBTAIN GRID DISTANCE. MULTIPLY GROUND DISTANCE BY 0.99996972 City Council Attachment D Draft Resolution Approving a Property Tax Exchange Agreement with the County of Orange 37 S2 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE REGARDING THE EMERSON ISLAND ANNEXATION TO THE CITY OF NEWPORT BEACH (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The City of Newport Beach ( "City ") has filed an application with the Orange County Local Agency Formation Commission to annex 1.88 acres of unincorporated territory referred to as the Emerson Island, which is located in the northwest portion of the City and generally bordered by Tustin Avenue to the west, Emerson Street to the south. 2. California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues following the addition to a city of previously unincorporated territory. 3. Orange County and City staff have reached agreement, subject to Board and City Council approval, regarding the exchange of property tax as a result of the annexation of the unincorporated territory by the City, whereby upon annexation by the City, the City shall receive 51.9378 percent and the County shall receive 48.0622 percent of the County's share of the 1 percent basic levy property tax generated within the area to be annexed, pursuant to Master Property Tax Transfer Agreement 80 -1973. 4. The City shall receive 100 percent of the Structural Fire Fund and of the Library Fund generated from the proposed annexation area. 5. The County staff and the City staff desire to have the same adopted and approved by their respective governing bodies. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 39 City Council Resolution No. 2012 - Page 2 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004, with Resolution No. 2004 -5. 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve the property tax exchange agreement reached between the City of Newport Beach and the County of Orange, whereby, upon completion of the annexation of the Emerson Islands to the City of Newport Beach, City shall receive 51.9378 percent and the County of Orange shall receive 48.0622 percent of the County's share of the 1 percent basic levy of property tax from the annexed area pursuant to Master Property Tax Transfer Agreement 80 -1973. 2. The City of Newport Beach will receive 100 percent of both the Structural Fire Fund and the Library Fund generated in the annexed area upon annexation. UN City Council Resolution No. 2012 -_ Page 3 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27th day of November, 2012, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NANCY GARDNER, MAYOR ATTEST: LEILANI BROWN, CITY CLERK raja" 42 City Council Attachment E Planning Commission Resolution 43 Ca' RESOLUTION NO. 1897 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012- 001 AND ZONING CODE AMENDMENT NO. CA2012 -002 FOR THE ANNEXATION OF EMERSON ISLAND (PA2012 -034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. The City of Newport Beach has submitted an application to the Orange County Local Agency Formation Commission ( "OC LAFCO ") to annex the unincorporated Emerson Island. 2. The Emerson Island is approximately 1.9 acres of unincorporated territory located northeast of the intersection of Tustin Avenue and Emerson Street, immediately south of the City's boundary. 3. The Emerson Island is within the City of Newport Beach's Sphere of Influence. 4. The Emerson Island is not located within the coastal zone. 5. The California Government Code allows a city to prezone territory for the purpose of determining the zoning that will apply to such territory after annexation to a city. 6. Prezoning this territory is a necessary component of the annexation process. 7. The California Government Code requires zoning to be consistent with a city's General Plan designation for a property. 8. Land use designations for the Emerson Island are not currently addressed in the City's General Plan and therefore must be provided in conjunction with prezoning and annexation. 9. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan. 10. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. 11. On January 13, 2004, the City Council adopted a resolution approving a General Plan Amendment and an ordinance approving a Code Amendment (prezoning) for the Emerson Island precedent to its annexation. Due to the General Plan update in 2006 and subsequent Zoning Code rewrite in 2010, new General Plan and Zoning Code Amendments (prezoning) are required. 21 Planning Commission Resolution No. 1897 Pape 2 of 3 12. The City Council considered the Initial Study and Negative Declaration (Adopted with Resolution No. 2004 -5) of the environmental impact for the annexation, and determined that the document adequately addresses the potential environmental effects of the amendments. 13. This General Plan Amendment is not subject to Section 423 of the City Charter (Protection from Traffic and Density) because the proposed amendment is translating the existing development and the County land use designations to City land use designations. The amendment does not provide for any increase in density from what is allowed under the Orange County General Plan; therefore, it will not result in increases in peak hour trips, dwelling units, or square footage. 14. A public hearing was held on November 8, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003 and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3. The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004. 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document shall be required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. 40 Planning Commission Resolution No. 1897 Pape 3 of 3 SECTION 3. FINDINGS. 1. Amendments to the General Plan and Zoning Code are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The subject application was reviewed to determine if the amendments would be beneficial to the Emerson Island and surrounding area and to ensure that the annexation would not be detrimental to the City. 2. The Emerson Island is developed with single- and multiple -unit dwellings. The amendments provide land use and zoning designations consistent with existing land uses and zoning in the area and the existing development within Emerson Island. The amendment will provide for preservation of the area's character and living environment for residents and property owners. 3. The amendments will not adversely affect the public health, safety, and welfare of the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2012 -001 and Code Amendment No. CA2012 -002 adopting the land use designations and prezoning and amending any applicable land use or zoning map for the annexation of Emerson Island as shown on Exhibit A and Exhibit B. PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF NOVEMBER, 2012. AYES: Amen, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ra:1ya11421 •000 MN Michael Toerge, Chairman BY: Fred Ameri, Secretary 47 42 Costa Mesa RS -D . 2�S TS T RM 10 du • Existing City Boundary -----Proposed City Boundar le / P P� O� GP2012 -001 (PA2012 -034) r6wvpe� General Plan Amendment Emerson Island Annexation GP2012 -001 RM ExhibitANovember /2012 Exhibit A 0 50 100 mmmmmmK== Feet E) 50 ®, ®, Costa Mesa � J0 P y�? 2js rS r ° R -1 -10 v\ R -1 RM 10 du -- Existing City Boundary -- Proposed City Boundary 'The number following "R -1" represents the minimum lot size for newly created lots CA2012 -002 (PA2012 -034) rpwroq� F4 m� Zoning Code Amendment Emerson Island Annexation CA2012 -002 RM ExhibitBNovember /2012 Exhibit B .10 O� �Q 0P P 0 75 150 Feet E) \1\ Itl 52 City Council Attachment F Planning Commission Minutes (Unofficial) 53 54 ITEM NO.4 Emerson Island Annexation (PA2012 -034) Community Development Director Brandt presented background information including formation of LAFCO (Local Area Formation Commission) regarding incorporation of "small islands" in cities within Orange County. She addressed related State legislation and stated that the Emerson Island is one of the remaining islands between the City of Costa Mesa and the City of Newport Beach. The City was recently approached by LAFCO to complete the annexation of the property. Associate Planner Fern Nueno presented details of the report addressing location, annexation area, Negative Declaration previously adopted, land use designation and zoning, existing conditions, proposed General Plan Land Use designations, proposed zoning, findings, property owner requests and recommendations. She reported that Planning Commission recommendations will be forwarded to Council for hearing on November 27, 2012. If approved by Council, the application will be finalized with LAFCO and if approved the annexation will be complete after fifty - one days. In response to Commissioner Tucker's inquiry, Ms. Nueno explained that there are 9 existing dwelling units and that as proposed, 10 dwelling units would be allowed in the portion of the annexation area designated as Multiple Residential —10 units maximum. Interested parties were invited to address the Commission on this item. Jim Mosher asked if there are more areas to be annexed in the future and felt that the maps presented are confusing as they show the annexation area to bisect several properties. He inquired about ownership of Emerson Street. Ms. Nueno reported that the present item is the last of the "small islands" to be annexed. She noted that the private street will be part of the City of Newport Beach and will be part of the annexation. Ms. Brandt reported that there are still unincorporated "islands" between the City of Costa Mesa and the City of Newport Beach in the general area but are within the sphere of influence within the City of Costa Mesa. Fred Kindgren addressed ownership of the private street. He noted that there are more mixed units in the area than there are single - family and felt that the designation is appropriate. There being no others wishing to address the Commission, Chair Toerge closed the Public Hearing. Motion made by Chair Toerge and seconded by Commissioner Ameri, and carried 7 — 0, to adopt Resolution No. 1897 recommending City Council approval of General Plan Amendment No. GP2012 -001 and Code Amendment No. CA2012 -002. Commissioner Kramer commented on the use of Google Earth or something comparable when staff presents similar cases in the future. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge and Tucker NOES: None ABSTENTIONS: None ABSENT (Excused): None 55 50 City Council Attachment G Public Works Memo 57 �g City of Newport Beach PUBLIC WORKS DEPARTMENT October 31. 2012 TO: David Webb Public Works Director FROM: David Keely Senior Civil Engineer SUBJECT: Emerson Island Annexation to the City of Newport Beach The Public Works Department requests that the below items be addressed prior to annexation. CONDITIONS: Install a City Standard sidewalk per City Standard STD -180 -L within the limits of the annexation area along Tustin Avenue. Non - standard private improvements within the public right -of -way shall be removed to accommodate the sidewalk. Driveway approaches shall be reconstructed to current City Standards to ensure the sidewalk is ADA compliant. 2. Encroachment agreements shall be obtained prior to annexation for all remaining non - standard improvements within the Tustin Avenue public right of way. All non - standard improvements shall be in compliance with City Council Policy L -6. 3. Driveway approaches shall be reconstructed to current City Standards to ensure the sidewalk is ADA compliant. 4. Street trees shall be planted along the Tustin Avenue frontage. Vacant tree sites are located at 2072 and 2078 Tustin Avenue. 5. Fire Hydrant Markers shall be located adjacent to fire hydrants per City Standard STD - 902 -L. 59 Mo City Council Attachment H Council Policy D -2 Analysis 01 02 Council Policy D -2 Analysis D -2 is available online at: http: / /www.newportbeachca.gov/ Modules /ShowDocument.asi)x ?documentid =2495 A. A Statistical Summary. Emerson Island is approximately 1.88 acres in area. According to the 2010 Decennial Census, the population of the area is 20 people. At the time of the 2010 Decennial Census, the total household count was eleven dwelling units. Of the eleven units, ten units were occupied and one unit was vacant. The area consists of nine residential lots. Currently, seven of the lots are developed with one unit on a single lot, one lot is developed with two units on a single lot, and one lot is developed with three units on a single lot, for a total of 12 dwelling units. The area contains two (2) private streets (Emerson Street and Churchill Court) and a 235 -foot portion of a public street (Tustin Avenue). The area contains no park or open space acreage. Per the County Assessor's records for the 2012 -2013 tax bills, the total assessed value of the properties is $5,304,411. B. Land Use and Planning. The topography of the area is relatively flat and no notable natural features are present. The Emerson Island is currently developed. The proposed land use is consistent with existing development within the Emerson Island and with development in the vicinity. Redevelopment of the lots should not change the physical characteristics of the area due to the proposed R -1 and RM Zoning District standards. C. A Plan of Services. Fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire Department. The existing level of service for fire protection will be maintained or improved because of the closer proximity of City of Newport Beach ( "CNB ") facilities than is now the case under County jurisdiction. The existing access and water supply meet the CNB standards for fire protection services. Negligible operational impacts are expected to the City for delivering services due to the size and location of the Emerson Island. Police services will transfer from the Orange County Sheriff ( "OC Sheriff') to the Newport Beach Police Department and the existing levels of services will be maintained or improved because of closer proximity of the CNB police station. The OC Sheriff headquarters is the station nearest to the Emerson Island and is located in the City of Santa Ana. Other public services and facilities, such as administrative, recreation, code enforcement, planning, and public works will transfer from the County to the CNB. The level of service will remain unchanged or possibly improve because of the closer proximity of City offices and facilities than is now the case. (03 Utility systems are already in place for this built -out area. Water facilities and service are provided by the Mesa Consolidated Water District. Sewage collection is provided by the Costa Mesa Sanitation District. Sewage treatment is provided by the Orange County Sanitation District. Solid waste is collected by a private firm, CR &R Incorporated. These facilities and services will remain with the current providers after annexation. D. Traffic and Circulation. Current traffic volumes are not available for Emerson Street, but observations suggest that the traffic volume is typical for developed residential areas. Volumes are not anticipated to change due to the annexation. E. A Fiscal Impact Analysis. Due to the size of the Emerson Island (less than 2 acres), the annexation is not expected to result in substantial property tax revenues or one -time or continuing expenses. The basic tax levy is one percent (1 %) of the assessed value of the property. The taxable assessed value of the property within the annexation totals approximately $5.3 million resulting in a tax levy of $53,000. The City receives approximately seventeen percent (17 %) of the tax levy and would expect to receive less than $10,000 in property taxes annually from the annexed properties. Although the dollar amount is unknown, the City will also receive 100% of both the Structural Fire Fund and Library Fund generated from the annexation area. Public Works, Municipal Operations, and Community Development staff have reviewed the proposed annexation area and have concluded there are not any immediate infrastructure obligations associated with the proposed annexation. Public Works staff did identify improvements to be completed prior to annexation. F. Demographics. The Decennial Census identified a total household count of eleven dwelling units. Due to the size of the Emerson Island no further quantitative detail or description was included in the Census data. The existing development is consistent with nearby CNB neighborhoods. The demographics of the Emerson Island are assumed to be similar to that of nearby areas. G. Boundaries. The proposed boundary follows the pattern of separation between the Cities of Costa Mesa and Newport Beach. There are no man -made or natural physical barriers in the area that would affect this boundary or warrant a change in the location. H. Safety. Safety services will transfer to CNB which will enable better control for safety oriented problems that cross municipal boundaries. The annexation will enhance the cooperation between jurisdictions. r /M I. Service. The annexation of this area creates a logical boundary between the cities of Costa Mesa and Newport Beach. The utilities for the area are already provided for and will remain as is, allowing for a smooth transition for the residents, property owners, CNB, and other affected parties. The proposed boundary will not cause difficulty or inefficiencies in providing other City services because of the size and location of the area. J. Control. The Emerson Island abuts the CNB boundary along the north. The existing development is compatible with the development in the vicinity within the CNB jurisdiction. Local control of the area will ensure consistency with nearby properties located within the CNB. Redevelopment on the nine (9) properties will be subject to the standards of the City's Zoning Code, which will ensure proper land development and compatibility with surrounding residential development. Therefore, the annexation and resulting local control will protect taxpayers against future cost associated with potential improper development. K. Public Facilities. The existing public facilities are adequate to serve the Emerson Island area and the annexation will not necessitate additional space for specialized public uses. L. Blight Elimination. The Emerson Island is developed with residential dwelling units and is surrounded by other residential uses. The location is not in a blighted area, but the annexation of the area will help to ensure that future development in the area does not cause a blighting or deteriorating influence. M. Incorporation. The Emerson Island annexation should not be detrimental to the City of Newport Beach nor the City of Costa Mesa. Emerson Island is within the City's Sphere of Influence. There are no other nearby unincorporated territories that might be incorporated to a city to the detriment of the CNB or other cities in the area. N. Image. The existing development is consistent with other CNB neighborhoods in the vicinity. Due to the number of residential lots (9) within the Emerson Island, the annexation is not expected to affect the image or stature of the City. 05 00 City Council Attachment I Negative Declaration 07 02 City of Newport Beach 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 NEGATIVE DECLARATION To: Office of Planning and Research xx 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange xx Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR/County Clerk Public Review Period: July 19 to August 18, 2003 Name of Project: EMERSON ANNEXATION — Project PA 2003 -149: General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007 Project Location: Emerson Street, east of Tustin Avenue and south of 21St Street/Holiday Road (see map at end of document) Project Description: General plan amendment, prezoning, and annexation of the Emerson Street area to the City of Newport Beach Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City has evaluated the proposed project and determined that it would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached and is also on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - makers prior to final action on the proposed project. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact Larry Lawrence, project manager for the City, at 949 - 661 -8175. Date: July 10, 2003 Patricia L. Tetryry le,' - Planning Direktor I/_SSl CITY OF NEWPORT BEACH INITIAL STUDY AND ENVIRONMENTAL CHECKLIST 1. Project Title: Project PA 2003 -149, including General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007: General Plan Amendment, Prezoning, and Annexation of Emerson Street area (see map at end of document) 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 3. Contact Person and Phone No.: Larry Lawrence, Project Manager for City, Lawrence Associates 949 - 661 -8175 4. Project Location: Emerson Street, east of Tustin Avenue and south of 21a` Street/Holiday Road (see map at end of document)). 5. Project Sponsor's Name /Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 6. General Plan Designations: Low density residential under County of Orange 7. Zoning: Single family residential, under County of Orange 8. Description of Project: General plan amendment, prezoning, and annexation of approximately 1.9 acres. Prior to review of the annexation by the Local Agency Formation Commission, the City of Newport Beach intends to process a general plan amendment and a zoning amendment in order to prezone the area. 9. Surrounding Land Uses And Setting (see map at cud of document): 70 To the west, Residential uses in the City of Costa Mesa south and east: To the north: Residential uses in the City of Newport Beach 70 10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement): Orange County Local Agency Formation Commission (LAFCO) and County of Orange. 11. Existing Conditions: Land Use And Development With the exception of a few vacant infill lots, the annexation area is built out. Current land uses in the area include single family homes. The General Plan and Zoning Code maps for the City of Newport Beach do not cover the proposed annexation area. Therefore, land use and circulation designations must be adopted by the City in conjunction with annexation. Thus, general plan and prezoning amendments are part of the present annexation package. Public Services Public safety and other services for the annexation area are currently provided by the County of Orange, the Orange County Sheriff s Department, and the Orange County Fire Authority. Utilities and Service Systems Sewage collection is provided by the Costa Mesa Sanitary District while sewage treatment is provided by the Orange County Sanitation Districts. Water facilities and service are provided by the Mesa Consolidated Water District. Solid waste is collected by Waste Management Inc. 12. Environmental Factors Potentially Affected: ❑ Aesthetics ❑ Geology /Soils ❑ Noise ❑ Agricultural Resources ❑ Hazards/Hazardous Materials ❑ Population/Housing ❑ Air Quality ❑ Hydrology /Water Quality ❑ Public Services ❑ Biological Resources ❑ Land Use/Planning ❑ Recreation ❑ Cultural Resources ❑ Mineral Resources ❑ Transportation/Traffic ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance No potentially significant impacts were found in any of the above areas. "No Impact" and "No Significant Impact" responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any significant environmental effect. Any impacts in the areas of public services and utilities, such as police, fire, water, and sewer, will be less than significant. Also, any impacts on air quality, biological resources, water quality, or other environmental categories are the result of existing development, which will not change as a result of the change in jurisdiction. Emerson Annexation NMAL STUDY Page 2 13. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ July 10, 2003 ignatur Date Larry Lawrence Printed Name Emerson Annexation INITIAL STUDY Page 3 SECTIONS: A. ENVIRONMENTAL CHECKLIST B. EXPLANATION OF CHECKLIST RESPONSES A. ENVIRONMENTAL CHECKLIST The Environmental Checklist provides a preliminary analysis of the proposed project's potential for significant environmental impacts. Sources of information for all responses are specified immediately following the checklist. The Initial Study indicates that the project may result in significant environmental impacts but that those impacts will be reduced to a less- than - significant level through the implementation of mitigation measures identified in the Study. Potentially Significant Less than No Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated ' See Source References at the end of this Checklist. I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ Q 1,3,4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ Q 1,3,4 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ Q 1,3,4,5,6 glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ Q 1,3,4 or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ Q 1,3,4,5,6 use, or a Williamson Act contract? Emerson Annexation INITIAL STUDY 7S Page 4 IMPACT CATEGORY c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Less than No Significant Unless Significant Impact SOURCES` Impact Mitigation Impact " See Source References at the end of this Checklist. ❑ ❑ ❑ El 1,3,4,5,6 ❑ ❑ 0 EI 1,3,4,9,10 ❑ ❑ 11 a 1,3,4,9,10 ❑ ❑ ❑ _ H 1,3,4,9,10 11 11 11 0 1,3,4,9,10 0 11 11 0 1,3,4,9,10 11 11 0 0 1,3,4 11 ❑ ❑ R1 1,3,4 Emerson Annexation INITIAL STUDY 1-2Page 5 IMPACT CATEGORY c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Significant Unless Impact Mitigation Incorporated " See Source Refe Less than Significant Impact SOURCES' Impact rences at the end of this Checklist. ❑ I 0 1,3,4 ❑ ❑ ❑ 21 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ Q 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ Q 1,3,4 ❑ ❑ ❑ a 1,3,4 Emerson Annexation NITIAL STUDY gage 6 Potentially Significant Less than No Significant Unless Significant pact SOURCES* IMPACT CATEGORY Impact Mitigation Impact Incorporated * See Source References at the end of this Checklist. VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,34 ❑ ❑ ❑ 0 n/a VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or ❑ ❑ ❑ 0 2,3,4,5,6 the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or ❑ ❑ ❑ 0 2,3,4,5,6 the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials in}n Lhe envirnnmonL9 Emerson Annexation INITIAL. STUDY 70 Page 7 IMPACT CATEGORY c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Less than No Significant Unless Significant pact SOURCES* Impact Mitigation Impact * See Source References at the end of this Checklist. ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 n/a ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 3,4 Emerson Annexation INITIAL, STUDY T? age 8 j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ Cl Q 3.4 Emerson Annem[ion INMAL STUDY .'age 9 IMPACT CATEGORY Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than No Significant pact SOURCES' Impact See Source References at the end of this Checklist. b) Substantially deplete groundwater supplies ❑ ❑ ❑ Q 3,4 or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage ❑ ❑ ❑ Q 3,4 pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage ❑ ❑ ❑ Q 3,4 pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water which ❑ ❑ ❑ Q 3,4 would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ Q 3,4 quality? g) Place housing within a 100 -year flood hazard ❑ ❑ ❑ Q 3,4 area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area ❑ ❑ ❑ Q 3,4 structures which would impede or redirect flood flows? i) Expose people or structures to a significant ❑ ❑ ❑ Q 3,4 risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ Cl Q 3.4 Emerson Annem[ion INMAL STUDY .'age 9 Potentially Significant Less than No Significant Unless Significant pact SOURCES* IMPACT CATEGORY Impact Mitigation Impact Incorporated * See Source References at the and of this Checklist. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ 0 1,2,3,4,5,6 ❑ ❑ 0 ❑ 1,2,3,4,5,6 ❑ ❑ ❑ 0 1,2,3,4,5,6 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,2,3,4,8 ❑ ❑ ❑ 0 1,2,3,4,8 ❑ ❑ ❑ 0 1,2,3,4,8 ❑ ❑ ❑ 0 1,2,3,4,8 Emerson Anna ation MDAr, STUDY 77 10 IMPACT CATEGORY e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? I) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection? Police protection? Parks? Schools? Other public facilities? Potentially Significant Less than No Significant Unless Significant pact SOURCES* Impact Mitigation Impact * See Source References at the end of this Checklist. ❑ ❑ ❑ 0 1,2,3,4,8 ❑ ❑ ❑ 0 n/a ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ 0 ❑ 2,3.4 ❑ ❑ 0 ❑ 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ 0 ❑ 2,3,4 Emerson Annemion iWnTAL STUDY 20 ge 11 IMPACT CATEGORY XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative trans- portation (e.g., bus turnouts, bike racks)? Potentially Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact See Source References at the end of this Checklist. ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 1,2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,5,6 ❑ ❑ ❑ 0 2,3,45 Emerson Annaalion 114MAL STUDY gPPage 12 Emerson Annexation INITIAL, STUDY g Page 13 IMPACT CATEGORY Potentially Significant Impact Significant Unless Mitigation Incorporated Less than Significant Impact No Impact SOURCES* * See Source References at the end of this Checklist. XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements ❑ ❑ ❑ 0 2,3,4,6 of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new ❑ ❑ ❑ 2,3,4,6 water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new ❑ ❑ ❑ 0 2,3,4,6 storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to ❑ ❑ ❑ 0 2,3,4,6 serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ ❑ ❑ 0 2,3,4,6 treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ❑ ❑ ❑ 0 2,3,4,6 permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ 0 2,3,4,6 and regulation related to solid waste? Emerson Annexation INITIAL, STUDY g Page 13 IMPACT CATEGORY XVII. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Less than Significant Unless Significant No SOURCES' Impact Mitigation Impact See Source References at the end of this Checklist. a) Does the project have the potential to ❑ ❑ ❑ a 1 -10 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of a major period of California history or prehistory? b) Does the project have impacts that are ❑ ❑ ❑ a 1 -10 individually limited, but cumulatively con- siderable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects ❑ ❑ ❑ a 1 -10 which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration (CEQA Guidelines Section 15063). For the present annexation project, no significant impacts have been identified. All earlier analyses are listed under Source References, below. XIX. SOURCE REFERENCES. Documents listed below are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1 denotes a physical inspection and therefore is not in the form of a written document). Emerson Annexation INITIAL STUDY gage 14 1. Site visits to annexation area by Larry Lawrence, project manager for City of Newport. 2. Report to Local Agency Formation Commission re Annexation Applications by Newport Beach and Costa Mesaof Area 7, by Dana Smith, LAFCO Executive Officer, September 16, 2002. 3. Final Program EIR — City of Newport Beach General Plan. 4. General Plan, including all Elements, City of Newport Beach. 5. Zoning Code, Title 20 of the Newport Beach Municipal Code. 6. Zoning Code and Districting Maps, County of Orange. 7. City Excavation and Grading Code, Newport Beach Municipal Code. 8. Community Noise Ordinance, Chapter 10.28 of the Newport Beach Municipal Code. 9. Air Quality Management Plan, South Coast Air Quality Management District, 1997. 10. Air Quality Management Plan EIR, South Coast Air Quality Management District, 1997. B. EXPLANATION OF CHECKLIST RESPONSES: In all cases, the selection of the Checklist response was the product of the data sources listed above, followed by careful consideration of potential impacts from the project under the definitions and procedures of the California Environmental Quality Act (CEQA) Statute and Guidelines. No potentially significant impacts were found. "No Impact' and "No Significant Impact" responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any environmental effect Any impacts on air quality, biological resources, water quality, or other categories are the result of existing development, which will not change as a result of the change in jurisdiction. Notwithstanding the lack of significant impact found, the following sections contain further explanations of responses in the salient areas of Land Use and Planning, Public Services, and Utilities and Service Systems.. • LAND USE AND PLANNING: The proposed annexation area is not included on the City of Newport Beach General Plan and Zoning Maps. Therefore, general plan and prezoning actions by the City of Newport Beach have been made part of the present annexation project (see page 1 of this Initial Study). The intent of these applications is to retain comparable land use and zoning regulations as those presently in effect under the County. Thus, in terms of land use and planning, the net result of the annexation will be a less- than - significant environmental impact. Emerson Annexation WrnAL STUDY gage 15 • PUBLIC SERVICES: 1. Fire and Police - Fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire and Marine Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The existing levels of service for both fire and police protection will be maintained or improved because of the closer proximity of City offices and facilities than is now the case under County jurisdiction. 2. Other Services - Other public services and facilities, such as administrative, recreation, code enforcement, planning, public works and others will remain unchanged or possibly improve because of the closer proximity of City offices and facilities than is now the case. From the above information, the net effect on public services from the annexation will be a less -than- significant impact. • UTILITIES AND SERVICE SYSTEMS: Utility systems are already in place for this built -out area. Water facilities and service are provided by the Mesa Consolidated Water District. Sewage collection is provided by the Costa Mesa Sanitary District. Sewage treatment is provided by the Orange County Sanitation Districts. Solid waste is collected by a private firm, Waste Management Inc. It is intended that these facilities and services remain with the current providers after annexation. Thus, there will be no impact on water, sewer, wastewater treatment, solid waste disposal, or other utility systems as a result of the annexation, and service will continue uninterrupted. The net effect on utilities and service systems from the annexation will be a less- than - significant impact. MAP OF ANNEXATION AREA Emerson Aimmtion NIT1AL STUDY g�'ge 16 On11K Vl ]t'/l/ I(O 2012, 1 posted the Notice of Public Hearing regarding: O2GOK) 5Taraldlsland Annexation PA2412 -434 Date of City Council Public Hearing: November 27, 2012 =s NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, November 27, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Emerson Island Annexation - The project is for the annexation of Emerson Island. Emerson Island is located in unincorporated Orange County between the cities of Costa Mesa and Newport Beach near the intersection of Tustin Avenue and Holiday Road. The area to be annexed consists of 9 lots totaling less than 2 acres in area and is developed with single- and multiple -unit dwellings. No site grading or construction is proposed with this application. The project includes a General Plan Amendment, Zoning Code Amendment (prezoning), initiation of the annexation process with the Orange County Local Agency Formation Commission, and a property tax transfer agreement with the County of Orange and related agencies. On November 8, 2012, the Planning Commission conducted a public hearing on this item and recommended City Council approval of the General Plan Amendment and Zoning Code Amendment. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a Negative Declaration previously adopted on January 13, 2004, and that the City of Newport Beach intends to use said document for the above noted project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www. newportbeachca .gov /cegadocuments. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.pov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Associate Planner at (949) 644 -3227 or fnueno @newportbeachca.gov. Project File No.: PA2012 -034 Activity No.: General Plan Amendment No. GP2012 -001 and Code Amendment No. CA2012 -002 Leilani Brown, City Clerk City of Newport Beach IF Mh c INo-j Ice' Costa Mesa Sanitation District Mesa Consolidated Water 628 West 19th Street District Costa Mesa, CA 92627 1965 Placentia Avenue Costa Mesa, CA 92627 Orange County Fire Authority Orange County Sheriff 1 Fire Authority Road 550 N. Flower Street Irvine, CA 92602 Santa Ana, CA 92703 John Wayne Airport Eddie Martin Administration City of Costa Mesa Building 77 Fair Drive 3160 Airway Avenue Costa Mesa, CA 92626 Costa Mesa, CA 92626 County of Orange Hall of Administration 333 W. Santa Ana Boulevard ADDITONAL LABELS Santa Ana, CA 92701 Newport -Mesa Unified School District 2985 Bear Street Costa Mesa, CA 92626 Airport Land Use Commission 3160 Airway Avenue Costa Mesa, California 92626 PA2012 -034 — Emerson island .nnexation n Prepared: 10/26/12 tasy Peel- Lams , Use +"'ergo Template 51600 426. 232 -50 NEWPORT HEIGHTS TWO 1501 WESTCLIFF DR UNIT# 260 NEWPORT BEACH, CA 92660 -5504 936 -03 -035 KATHRYN S BELL 2057 TUSTIN AVE UNIT # C COSTA MESA, CA 92627 -2180 936 -03 -038 JEFFREY S AND DEBRA J DAVIS 2057 TUSTIN AVE UNIT # F COSTA MESA, CA 92627 -2180 Feed Paper expose Pop -Up fdgerM Al 1 936 -03 -033 936 -03 -034 ROBERTS FAMILY LIVING TRUST KENDALL A WAMEL 28071 VIA DE COSTA 2057 TUSTIN AVE UNIT # B SAN JUAN CAPISTRANO, CA 92675 -5377 COSTA MESA, CA 92627 -2180 936 -03 -036 ROCHELLE ROBERTS 2057 TUSTIN AVE UNIT # D COSTA MESA, CA 92627 -2180 936 -03 -065 KiRSTEN A AND JASON A BONE 2063TUSTINAVE UNIT #4 COSTA MESA, CA 92627 -2173 Etiquettes faciles & peler ♦ 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COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. 1 am a principal clerk of the NEWPORT BEACH/COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, November 17, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 23, 2012 at Los Angeles, California W � Signature L lLJ1