HomeMy WebLinkAbout1522 - RECOMMEND APPROVAL GPA AND CA _ANNEXATION SAHRESOLUTION NO. 1522
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF GENERAL PLAN AND ZONING AMENDMENTS
PROVIDING FOR ANNEXATION OF THE SANTA ANA HEIGHTS
AREA TO THE CITY [GPA 99 -3(B) AND ZONING AMENDMENT 903]
WHEREAS, the City of Newport Beach has initiated action to annex territory identified
as the East Santa Ana Heights area to the City in conjunction with expansion of its sphere of
influence in the area; and
WHEREAS, 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 the city;
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, the California Government Code requires zoning to be consistent with a
city's general plan designations on property; and
WHEREAS, land use and other General Plan designations for a portion of the proposed
Santa Ana Heights annexation area, not currently addressed in the City of Newport Beach's
General Plan, must be provided in conjunction with prezoning and annexation of that area; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
staff has completed an Initial Study, determined that the subject project there will not have a
significant effect on the environment, and has accordingly prepared a draft Negative Declaration
for the project; and
WHEREAS, on June 8, 2000, the Planning Commission 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 public hearing.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of
Newport Beach makes the following findings and recommendations:
1. 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 recommends that the City Council
approve a Negative Declaration reflecting the independent judgment of the
City of Newport Beach, and determine 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 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
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Section 753.5(a)(3), the Commission recommends that the project not be
subject to Fish and Game Department filing fees.
2. General Plan Amendment 99 -3(B). The Planning Commission finds as follows with
regard to GPA 99 -3(B):
a. The amendment provides land use designations consistent with existing land
uses and designations in the area, which is largely developed. The
amendment will thus provide for continuation of permitted commercial,
business, office, residential, and open space land uses, and preservation of
the area's character and living environment for residents.
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 Planning Commission recommends that the
City Council approve GPA 99 -3(B), consisting of the following:
(1) On the Land Use Element's "General Plan Land Use" diagram: Realignment
of Birch Street to show its curving connection directly to Mesa Drive,
construction of which connection has been completed, replacing the right -
angle intersection presently shown; plus redesignation of the parcels
adjacent to the realigned connection of the two streets from Single Family
Residential to Administrative, Professional & Financial Commercial, as
shown on Exhibit GP -1 attached hereto.
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(2) Addition of that portion of the Newport Beach Golf Course not presently
within the City to the Land Use Element's "General Plan Land Use"
diagram, and designation of the area as "Recreational & Environmental
Open Space ", as shown on Exhibit GP -1 attached hereto.
(3) Addition of that portion of the Newport Beach Golf Course not presently
within the City to Service Area 4 (Santa Ana Heights) of the Recreation and
Open Space Element, with an "Open Space" designation.
(4) Addition of that portion of the Newport Beach Golf Course not presently
within the City 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. Zoning Amendment 903. The Planning Commission finds as follows with regard to
Amendment 903:
a. The proposed amendment to the Zoning Code text and Districting Maps
provides for permitted land use and development standards consistent with
existing regulations, land uses, and development in the area.
b. The new City Santa Ana Heights Specific Plan, a component of the zoning
amendment, closely follows the provisions of the current County Specific
Plan for the area, thus providing for continuity in land use regulation and
avoiding the creation of nonconforming uses and structures.
C. The amendment is consistent with the General Plan.
d. The amendment will not adversely affect the public health, safety and
welfare.
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In light of the preceding findings, the Planning Commission recommends that the
City Council approve Amendment 903, consisting of the following:
(1) Addition of Chapter 20.44 to the Zoning Code, consisting of the Santa Ana
Heights Specific Plan (Specific Plan District #7). The Santa Ana Heights
Specific Plan, distributed separately due to bulk, is hereby designated by
reference as Exhibit ZA -1 of this Resolution as if fully set forth herein.
(2) Amendment to Districting Map Nos. 34, 42, 61, and 67, adding the Santa
Ana Heights area to the Maps and designating it as "SP -7" (Specific Plan
District #7), as shown on Exhibit ZA -2 attached hereto.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend
that the City Council stipulate that the approval of the amendments set forth in this Resolution
shall become effective only if the annexations described herein are approved by the Orange
County Local Agency Formation Commission.
ADOPTED this 8th day of June, 2000, by the following vote, to wit:
AYES: Agajanian, Gifford, Kranzley, McDaniel, Selich
BY 'D-7
Larry Tucker, Secretary
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NOES: None
ABSENT: Kiser