HomeMy WebLinkAbout1814 - RECOMMEND ADOPTION OF ND FOR THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH ZONING CODERESOLUTION NO. 1814
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF NEGATIVE DECLARATION NO. 2010 -005 FOR
THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH
ZONING CODE (PA2009 -034)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. 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 Update ").
2. 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 Update was placed on the ballot for the November 7, 2007, General Election. The
electorate approved the increases associated with the General Plan Update.
3. 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.
4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning
Code Update "), which includes new zoning districts, new use classifications, updated
and revised definitions, new and amended development standards, updated Zoning
Maps, and modified administrative procedures. 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.
5. Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at
least one public hearing before making a recommendation on any proposed zoning code
amendment to the City Council.
6. The Planning Commission considered the proposed Zoning Code Update including an
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.
Planning Commission Resolution No. 1814
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. 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.
2. The City prepared an initial study for the proposed 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.
3. Based upon the initial study prepared for the Zoning Code Update and pursuant to
State CEQA Guidelines, Sections 15168 and 15162, 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 gas
emissions, and that no new effects or new mitigation measures are necessary.
4. Based upon the initial study, 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 and there will be a less than significant impact upon greenhouse gasses. 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. The draft Negative Declaration is available for a 30 -day comment period
that began on June, 21, 2010, and will end on July 20, 2010. The initial study and draft
Negative Declaration were considered by the Planning Commission.
SECTION 3. FINDINGS.
1. The draft Zoning Code Update dated May 2010, including the recommended changes
to the draft Zoning Code Update included within the Planning Commission's
recommendation to the City Council for inclusion within the draft Zoning Code Update,
is consistent with the 2006 General Plan Update.
2. Adoption of the draft Zoning Code Update including the recommended changes to the
draft Zoning Code Update will not create any new significant impacts that were not
identified within the General Plan Update Program EIR.
3. Adoption of the draft Zoning Code Update including the recommended changes to the
draft Zoning Code Update will have no impact to forest resources and there will be a
less than significant impact upon greenhouse gasses.
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Planning Commission Resolution No. 1814
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NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby recommends that the City Council of the City of Newport
Beach make the necessary findings in accordance with the California Environmental Quality
Act and adopt Negative Declaration No. ND2010 -005 as shown in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010.
AYES: Eaton, Hillgren, McDaniel, Peotter, Toerge, and Unsworth
NOES: Hawkins
BY:
Earl Mc aniel, Chairman
Mice oerge, Secretary
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Planning Commission Resolution No. 1814
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Exhibit "A"
Negative Declaration /Initial Study
(Available separate due to bulk)
Tmplt: 04114/10