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Home My WebLink About1897 - RECOMMEND APPROVAL OF GPA AND CA FOR THE ANNEXATION OF EMERSON ISLANDRESOLUTION 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. 1. 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. Planning Commission Resolution No. 1897 Page 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. Planning Commission Resolution No. 1897 Page 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 rnuttiple -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: 1. 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: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None BY: Mic ail' oerge, Chairman BY: Fred Ameri, Secretary Planning Commission Resolution No. 1897 Page 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: 1. 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 8TH DAY OF NOVEMBER, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: None ABSTAIN: None ABSENT: None MIN Michael Toerge, Ch Costa Mesa ►rTJ 2P RM 10d rs T - - -• Existing City Boundary - - -- •Proposed City Boundary it Q- GP2012 -001 (PA2012 -034) 04 NF W I•� Ik General Plan Amendment �.e Emerson Island Annexation IgmVHV' GP2012.001 RM ExhibitANovember /2012 Exhibit A 0 oqy Rp 50 100 o Feet N sr � Costa Mesa i g P R -1 R -1- 10000 * 10 du % Y - - -- Existing City Boundary v e - - -- Proposed City Boundary "The number following "R -1" represents the minimum lot size for newly created lots CA2012 -002 (PA2012 -034) 0 75 150 �wr roB Feet 04 m Zoning Code Amendment m Emerson Island Annexation e CA2012 -002 RM_ExhibitBNovember /2012 Exhibit B LW'