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HomeMy WebLinkAbout2000-18 - Approving a Zoning Amendment For Prezoning of the Newport Coast/Ridge Area [Zoning Amendment 902].ORDINANCE 2000- 18 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A ZONING AMENDMENT FOR PREZONING OF THE NEWPORT COAST/RIDGE AREA (ZONING AMENDMENT 9021 WHEREAS, the City of Newport Beach has initiated actions to annex territory to the City of Newport Beach, including the Newport Coast and Newport Ridge Planned Communities and other area adjacent to, but outside of, these two Planned Communities. The entire area to be annexed is sometimes referred to in this Ordinance as Newport Coast/Ridge. That portion of Newport Coast/Ridge within the Coastal Zone and/or the Newport Coast Planned Communities is sometimes referred to as Newport Coast and that portion of Newport Coast/Ridge outside of the Coastal Zone and/or within the Newport Ridge Planned Communities is sometimes referred to as Newport Ridge; and WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence for more than 30 years but the land use planning and development processing for the area has • been conducted by the County of Orange with assistance from the Coastal Commission; and WHEREAS, the County and The Irvine Company entered into the initial Newport Coast Development Agreement (Agreement) on May 23`d, 1988. That Agreement was most recently amended on December 3, 1996 and the Coastal Commission approved the amended Agreement on December 10, 1996; and WHEREAS, the Coastal Commission certified the Newport Coast LCP and First Amendment on January 14, 1988. The Coastal Commission approved a Second Amendment to the LCP and a Master Coastal Development Permit on December 10, 1996; and WHEREAS, Newport Coast development is also governed by a June 27, 1997 "Settlement Agreement" between the County, The Irvine Company, Stop Polluting Our Newport (SPON) and Friends of the Irvine Coast; and WHEREAS, the County, in the course of land use planning the Newport Coast/Ridge, has identified significant portions of land owned by The Irvine Company (Company) that contains valuable habitat and has ensured preservation of that valuable habitat by requiring dedication to public agencies subject to Company's right and ability to develop portions of the • Property in accordance with the Development Plans and Development Approvals. The Newport Coast is part of the Natural Communities Conservation Plan (NCCP), a complex agreement • administered by the County that involves, among other things, the phased dedication of valuable habitat in the Newport Coast and other portions of the County; and WHEREAS, the NCCP and the land use permits, plans, approvals and agreements governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan (Land Use Plan) for the preservation and development of the property. The administration and implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and experience that can only be found in the County employees and officials that have been intimately involved in the preparation of the documents that comprise the Land Use Plan. The failure to properly administer or implement the NCCP and/or the Development Approvals could deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with the rights of landowners to develop property — development that is a precondition to the dedications; and WHEREAS, the County has prepared all of the documentation required by the California Environmental Quality Act (CEQA) for the Land Use Plan including numerous environmental • impact reports (EIR's) and, in the case of the LCP approval, the functional equivalent to an EIR. These environmental documents have fully evaluated all potential impacts related to implementation of the Land Use Plan, have fully informed the decision maker and the public with respect to any significant unavoidable impact, and the County has adopted all feasible mitigation measures; and WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement or similar arrangement with the County of Orange that would, upon annexation, delegate the City's land use authority over the Newport Coast/Ridge to the County and restore land use jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the delegation and the joint powers agreement is to ensure that the development and dedication of valuable habitat is processed by the County consistent with the Land Use Plan; 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 land outside of its boundaries which bears relation to its • planning; and F1 WHEREAS, the California Government Code requires zoning of property to be • consistent with a city's General Plan designation of the property; and WHEREAS, the City is required to establish zoning and General Plan designations for Newport Coast/Ridge in conjunction with the proposed annexation; and WHEREAS, the City intends, through this Ordinance and other planning documents, to adopt zoning and General Plan designations for Newport Coast/Ridge that strictly conform to the Land Use Plan that has been approved by all public entities with jurisdiction over the property and authorize amendments to the Land Use Plan such as conversion of uses so long as there is no increase in average daily trips; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has completed an Initial Study, determined that the impacts of any action taken through this Resolution have been fully evaluated in previously certified Environmental Impact Reports, that the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a Negative Declaration is appropriate; and WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport • Beach held a public hearing regarding the proposed amendments and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on October 10, 2000, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items, and testimony was presented to and considered by the City Council; and WHEREAS, the public was duly notified of the preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for this project. After reviewing the Initial Study, the proposed Negative Declaration, and all comments received during the public review process, the City Council hereby approves a Negative Declaration reflecting the independent judgment of the City of Newport Beach, and determines that the project is identical to a project approved after certification of • numerous environmental documents as described in Exhibit GP -5 and that the i1 circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not • exist. SECTION 2: ZONING AMENDMENT. In light of the preceding findings, the City Council hereby approves Amendment 902, consisting of the following: a. Addition of Districting Map Nos. 68 and 69 establishing zoning for the Newport Coast/Ridge annexation area, as shown on Exhibit ZA -1 attached hereto. b. Adoption of PC Development Plan PC -52, consisting of the Newport Coast LCP's Implementing Actions Program for the Newport Coast area, and PC Development Plan PC -53, consisting of the Newport Ridge Planned Community Program for the Newport Ridge area. The Newport Coast Local Coastal Program's Implementing Actions Program is Exhibit ZA -2 of this Ordinance. The Newport Ridge Planned Community Program is Exhibit ZA -3 of this Ordinance. C. The preceding zoning designations shall constitute prezoning of the annexation area and shall become effective upon the approval of the annexation by LAFCO. • SECTION 3: EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. • This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 2 This Ordinance was introduced at a regular meeting of the City Council of the City of • Newport Beach held on October 10, 2000 and adopted on October 24, 2000 by the following vote, to wit: • ATTEST: CITY CLERK • AYES, COUNCIL MEMBERS Thomson, Glover, Adams, Debay. Ridgeway. O'Neil and Mavor Noves NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 5 MAYOR EXHIBIT ZA -1: • DISTRICTING MAPS NOS. 68 AND 69 • n u • • EXHIBIT ZA -2: NEWPORT COAST LCP IMPLEMENTING ACTIONS PROGRAM (ADOPTED BY THE COUNTY OF ORANGE DECEMBER 3,1996) REFER TO RESOLUTION NO. 2000 -88 FOR ORIGINAL. EXHIBIT ZA -3: U NEWPORT RIDGE PLANNED COMMUNITY PROGRAM (ADOPTED BY THE COUNTY OF ORANGE MARCH 17, 1998) REFER TO RESOLUTION NO. 2000 -88 FOR ORIGINAL. r 1 �J • E • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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 ordinance, being Ordinance No. 2000 -15 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 24th day of October, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil and Mayor Noyes Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of October 2000. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2000 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: October 28, 2000. In witness whereof, I have hereunto subscribed my name this day of 2000. City Clerk City of Newport Beach, California