The URL can be used to link to this page

Home My WebLink About2010-117 - Zoning Code UpdateRESOLUTION NO. 2010 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING NEGATIVE DECLARATION NO. ND2010 -005 FOR THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH ZONING CODE (PA2009 -034) WHEREAS, The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan "). WHEREAS, Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "major amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. WHEREAS, Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan. WHEREAS, City staff has prepared a comprehensive amendment of the Zoning Code, which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures ( "Zoning Code Update "). The Zoning Code Update is a complete re -write of the City's current zoning regulations. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. WHEREAS, An Environmental Impact Report (SCH# 2006011119, General Plan 2006 Update) was prepared for the General Plan Update. The General Plan Update Program Environmental Impact Report (EIR) was certified by the City Council on July 25, 2006, as being prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The General Plan Update EIR is a program EIR pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15168. WHEREAS, The City prepared an Initial Study for the Zoning Code Update in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 for the purpose of determining if the potential effects of Zoning Code Update were adequately examined within the General Plan Update Program EIR. WHEREAS, Based upon the Initial Study prepared for the Zoning Code Update and consistent with State CEQA Guidelines and Sections 15168 and 15162 of said guidelines, the proposed Zoning Code Update is within the scope of activities and impacts identified within the General Plan 2006 Update program EIR with the exception of forest resources and greenhouse gasses. The initial study does not identify any new information of substantial importance of any new significant environmental impact not previously identified in the General Plan 2006 Update program EIR. Additionally, the initial study does not identify any new information of substantial importance to support a conclusion that the Zoning Code Update would substantially increase the severity of impacts previously identified in the General Plan 2006 Update program EIR. The initial study also does not conclude that infeasible mitigation measures or alternatives identified previously in the General Plan 2006 Update program EIR as being feasible. WHEREAS, Forest Resources and greenhouse gas emissions were not examined within the General Plan 2006 Update program EIR because these issues were not mandated to be evaluated and these topic areas were added to the CEQA guidelines subsequent to the certification of the General Plan 2006 Update program EIR. These issues were examined within the Initial Study prepared for the Zoning Code Update. With respect to greenhouse gas emissions, the Initial Study concluded that there would be a less than significant impact relative to greenhouse gas emissions. Based upon the Initial Study, the adoption of the Zoning Code Update will have no impact to forest resources given that there are no forest resources within the City of Newport Beach. The City has prepared a draft Negative Declaration in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. WHEREAS, A Notice of Intent to Adopt a Negative Declaration was filed with the County Clerk- Recorder on June 18, 2010. WHEREAS, The draft Negative Declaration was available for a 30 -day comment period that began on June, 21, 2010, and ended on July 20, 2010. WHEREAS, The Planning Commission considered the proposed Zoning Code Update including the Initial Study and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010, that were duly noticed as required by California Government Code Section 65091. WHEREAS, On July 29, 2010, The Planning Commission adopted Resolution No. 1814 recommending adoption of Negative Declaration No. ND2010 -005 based upon the analysis contained within the Initial Study and the Commission adopted Resolution No. 1815 recommending adoption of the Zoning Code Update. WHEREAS, The City Council considered the proposed Zoning Code Update including the Initial Study and Negative Declaration prepared for the Zoning Code Update and received public testimony during a series public hearing held on October 12, 2010, that were duly noticed as required by the California Government Code. NOW, THEREFORE, BE IT RESOLVED: SECTION 1. Adoption of Negative Declaration. Based on its review and consideration of the Initial Study and Negative Declaration, all written communications and oral testimony regarding the Project which have been submitted to and received by the City Council, the City Council hereby adopts Negative Declaration No. ND2010 -005 attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2. Location and Custodian of the Record of Proceedings. The Initial Study and Negative Declaration are attached as Exhibit "A ". The document and all supporting materials, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach. California. SECTION 3. Notice of Determination. The Planning Director is hereby directed to file a notice of determination with the County Clerk of the County of Orange within five working days of this approval. SECTION 4. Certification. Posting and Filing. This resolution shall take effect immediately upon its adoption by the City Council of the City of Newport Beach, and the City Clerk shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed in the records of the City Clerk. PASSED, APPROVED, AND ADOPTED this 12th day of October 2010. Keith D. Curry Mayor ATTEST: Leilani I. Brown City Clerk EXHIBIT A aE° cR CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 �oRr Newport Beach, CA 92658 -8915 (949) 644 -3200 Negative Declaration To From: ❑Office of Planning and Research City of Newport Beach, Planning Department State Clearinghouse 3300 Newport Boulevard P.O. Box 1768 P.O. BOX 3044 Newport Beach, CA 92658 -8915 Sacramento, CA 95812 -3044 ®County Clerk, County of Orange Date: June 21, 2010 Public Services Division Santa Ana, CA 92702 Public Review Period: 30 days - June 21, 2010 to July 20, 2010 Project Name: Zoning Code Update Project Location: Citywide Project Description: Comprehensive revisions to Title 20 of the Newport Beach Municipal Code (Planning and Zoning) and the Zoning Map, in order to bring them into compliance with the Newport Beach General Plan, which was comprehensively updated in July 2006. In accordance with CEQA, this Negative Declaration tiers from the Certified General Plan EIR SCH #2006011119 . Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City of Newport Beach has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is ❑X attached ❑ on file at the Planning Department. This document will be considered by the decision - maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. 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 the undersigned. Gregg Ramirez, Senior Planner Phone: Email: Date: 949 644 -3219 ramirez new ortbeachca. ov June 21, 2010 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2010 -117 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 12th day of October, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of October, 2010. City Clerk Newport Beach, California (Seal)