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HomeMy WebLinkAbout2004-5 - Area 7 and Emerson Area AnnexationRESOLUTION NO. 2004 -5 A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENTS FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [GP 2003 -005 and GP 2003 -006] WHEREAS, the City Council of the City of Newport Beach has initiated actions to annex territory identified as "Area 7" and the "Emerson Area" to the City of Newport Beach and to detach a portion of Area 7 from the City of Costa Mesa; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive long -term General Plan for the physical development of the City and any land outside of its boundaries which bears relation to its planning; and WHEREAS, land use and other General Plan designations for the subject annexation areas are not currently addressed in the City of Newport Beach's General Plan and therefore must be provided in conjunction with prezoning and annexation of those areas; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff has completed Initial Studies, determined that the subject amendments and annexations will not have a significant effect on the environment, and accordingly prepared draft Negative Declarations for the amendments and annexations; and WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments, prezonings and related items and forwarded them to the City Council recommending approval; and WHEREAS, on January 13, 2004, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items; and WHEREAS, the public was duly notified of the preceding public hearings. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach makes the following findings and takes the following actions: 1. Environmental Review. a. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND- 2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. b. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed projects will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has adequately been rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), the City Council determines that the projects are not required to pay Fish and Game Department filing fees. 2. GP 2003 -005: Area 7. The City Council finds as follows with regard to GP 2003 -005, pertaining to Area 7: a. The amendment provides land use and other designations consistent with existing land uses and designations in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and environment for residents, business owners and property owners. b. The amendment is internally consistent with those portions of the General Plan which are not being amended. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves GP 2003- 005, consisting of the following: 2 (1) Addition of Area 7 to the Land Use Element's "General Plan Land Use" map as shown on Exhibit GP -1 attached hereto. (2) Amendment to the text of the Land Use Element to add Area 7, as set out in Exhibit GP -2 attached hereto. (3) Addition of Area 7 to Service Area 4 of the Facilities Plan Map of the Recreation and Open Space Element, with the addition of the Santa Ana Country Club as OS "Open Space" and with no change to any parks or other public facilities. (4) Addition of Area 7 to the Circulation Element's Master Plan of Streets and Highways, with no change to any of the roadways shown on the Master Plan. 3. GP 2003 -006: Emerson Area. The City Council finds as follows with regard to GP 2003 -006, pertaining to the Emerson Area: a. The amendment provides land use and other designations consistent with existing land uses and designations in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and living environment for residents and property owners. b. The amendment is internally consistent with those portions of the General Plan which are not being amended. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves GP 2003- 006, consisting of the following: (1) Addition of the Emerson Area to the Land Use Element's "General Plan Land Use" map as shown on Exhibit GP -3 attached hereto. (2) Amendment to the text of the Land Use Element to add the Emerson Area as set out in Exhibit GP-4 attached hereto. (3) Addition of the Emerson Area to Service Area 3 of the Facilities Plan Map of the Recreation and Open Space Element, with no change to any parks or other public facilities. 3 (4) Addition of the Emerson Area to the Circulation Element's Master Plan of Streets and Highways, with no change to any of the roadways shown on the Master Plan. ADOPTED this 131h day of January, 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky,Bromberg, Webb, Nichols NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Adams ABSTAIN, COUNCIL MEMBERS Mayor Ridgeway L-), CITY CLERK M 11IFTAV01.1 EXHIBIT GP-1 �IW 1460 Newport Beach EXHIBIT GP -2: ADDITION OF AREA 7 TO STATISTICAL AREA J6 OF YHE LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Santa Ana Heights Area (Statistical Area J6)r: 1. In heading no. 2, entitled "Santa Ana Heights'; replace the first paragraph with the following: "2. Santa Ana Heights and Adjacent Areas. The annexation of east and west Santa Ana Heights and adjacent areas added over 450 acres of developed residential, office, and commercial land to the City's northwestern boundary. The area includes Santa Ana Heights, the Santa Ana Country Club, and residential and commercial development south of Mesa Drive. The Santa Ana Heights Specific Plan area was annexed to the City in two sections: East Santa Ana Heights, primarily east of Irvine Avenue, and West Santa Ana Heights, west of Irvine Avenue. The overall area is designated in various residential categories and in Administrative, 'Professional and Financial Commercial', 'Retail and Service Commercial' and 'Recreational and Environmental Open Space'. The area is virtually built out, with only a small number of vacant'infill' lots." 2. Also under heading no. 2, entitled "Santa Ana Heights" insert new heading no. 3 between the first and second paragraphs, to read as follows: "3. East Santa Ana Heights. Of the areas described in Number 2 above, the portion of the Santa Ana Heights Speck Plan east of Irvine Avenue is referred to as 'East Santa Ana Heights'. The following paragraphs refer to that subarea." The remainder of the paragraphs under old heading No. 2 are to be retained unchanged and placed under the above new heading. 3. Renumber old heading no. 3, entitled 'Bayview , to heading no. 4. 4. Change the Table labeled, "ESTIMATED GROWTH FOR STATISTICAL AREA J6" as follows: ESTIMATED GROWTH FOR STATISTICAL AREA J6 Residential (in du's) Commercial (in sq.tt.) Existing Gen. Plan Projected Existing Gen. Plan Projected 111187 Projection Growth 111187 Projection Growth 1. Irvine Avenue no changes 2. West Santa Ana Heights and South of Mesa Drive 3. East Santa Ana Heights 4. Sayview TOTAL` Population` 442 309 (133) 351,816 1,170,205 818,389 no changes no changes `Dwelling units and commercial square footage for West Santa Ana Heights and the area south of Mesa Drive will be determined upon annexation EXHIBIT GP -4: ADDITION OF EMERSON AREA TO STATISTICAL AREA J5 OF THE LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Westbay Area (Statistical Area J5) ": 1. Headings 1— 10: No changes (Note: Heading No. 10 was added in 2000 as part of the Bay Knolls annexation prezoning /GPA]. 2. Add Heading No. 11: 11. Emerson. The Emerson annexation added 1.9 acres of developed residential land to the City s northwest boundary east of Tustin Avenue, between Holiday Road and Bay Street. The area is designated Single Family Detached." 3. Change the Table labeled, "ESTIMATED GROWTH FOR STATISTICAL AREA J5" as follows: ESTIMATED GROWTH FOR STATISTICAL AREA J6 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 111187 Projection Growth 111187 Projection Growth 1 -10 ["Westbay Residential" no changes through "Bay Knolls"] 11. Emerson 9 9 -0- -0- -0- -0- TOTAL 611 643 32 Population 1222 1286 64 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -5 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of January, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noes: None Absent: Adams Abstain: Mayor Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January, 2004. (Seal) l t Ci Newport Beach, California