HomeMy WebLinkAbout1534 - RECOMMENDING APPROVAL OF CA_ SUBDIVISION CODE TITLE 19 AND TITLES 13 AND 20RESOLUTION NO. 1534
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT
BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING
AMENDMENT, INCLUDING A REVISED SUBDIVISION CODE (TITLE 19 OF THE
MUNICIPAL CODE) AND ACCOMPANYING AMENDMENTS TO TITLES 13 AND 20
[CODE AMENDMENT 2001 -0021
WHEREAS, the City has initiated a Code Amendment to overhaul its subdivision
regulations and to make corresponding changes to other portions of the Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff
has completed an Initial Study, determined that the subject amendments will not have a significant
effect on the environment, and has accordingly prepared a draft Negative Declaration for the Code
Amendment; and
WHEREAS, on June 21 and July 19, 2001, the Planning Commission held a public hearing,
at which time the proposed Code Amendment was considered. A notice of time, place and purpose
of the public hearing was duly given and testimony was presented to and considered by the Planning
Commission at the public hearing; and
WHEREAS, the Planning Commission of the City of Newport Beach finds and determines
as follows:
Environmental Review.
a. 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 Planning Commission finds that the project will not have a
significant impact upon the environment. 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 Regulations, Section 753.5(c)(1), the
Planning Commission has determined that, after considering the record as a
whole, there is no evidence that the proposed project 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 Planning
Commission finds that any presumption of adverse impact has adequately been
rebutted and that the project is not subject to Fish and Game Department filing
fees.
2. Code Amendment. The Planning Commission finds that Code Amendment 2001 -002
will ensure the consistency of new subdivisions in the City with the General Plan in
that it will provide updated provisions which will serve to implement the policies and
standards of the General Plan.
3. Changes to Title 19 Draft. The following changes to the draft of Title 19 were
ordered by the Planning Commission at its meeting of July 19, 2001 and have
accordingly been incorporated into Exhibit "ZA -I ", forwarded to the City Council:
a. Section 19.16.020: Section deleted.
b. Sec. 19.24.050 -JI: Redefine flag lot accessway as serving: "...no more
than one other property."
c. Sec. 19.24.130-DI: End sentence with the word "Chapter ".
d. Sec. 19.68.040 -A1: Change subsection heading to read: "Development
Status ".
e. Sec. 19.52.080 -B: Add provision for granting credit toward a
development's public park requirement for privately -
maintained recreation trails which are open to the
public and which connect to trails outside the
development.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission forwards Code
Amendment 2001 -002 to the City Council, with recommendations to adopt the Negative Declaration,
attached hereto as Exhibit "ND -I ", and approve the Code Amendment, attached hereto as Exhibits
"ZA -I" (as amended) and "ZA -2 ".
E
ADOPTED this 19" day of July 2001 by the following vote, to wit:
AYES: McDaniel, Kiser, Agaianian, Tucker
Gifford, Kranzley, Selich
NOES: None
BY: ✓ —7
Larry Tucker, Chairman
BY:(f ^�✓l v
" VI
Earl McDaniel, Secretary