HomeMy WebLinkAboutArea 7 Annexation (PA2003-149)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
November 20, 2003
TO: Planning Commission
FROM: Planning Department
Patrick J. Alford, Senior Planner
SUBJECT: PA 2003 -149: Prezoning and General Plan Amendments for Annexation
of Area 7 (GP 2003 -005 and CA 2003 -006) and the Emerson Street area
(GP 2003 -006 and CA 2003 -007)
This item was continued at the October 23, 2003 Planning Commission meeting.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL APPROVAL OF GENERAL PLAN AND ZONING
AMENDMENTS AND OTHER ACTIONS PRECEDENT TO
THE ANNEXATION OF "AREA 7" AND THE EMERSON AREA
TO THE CITY
[GP 2003 - 005 /CA 2003 -006 and GP 2003 - 006 /CA 2003 -007]
WHEREAS, the City of Newport Beach has initiated actions to annex territory
identified as "Area 7" and the "Emerson Area" to the City of Newport Beach and to
detach a portion of Area 7 from the City of Costa Mesa; 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
a 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 the subject
annexation areas are not currently addressed in the City of Newport Beach's General
Plan and therefore must be provided in conjunction with prezoning and annexation of
those areas; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
City staff has completed Initial Studies, determined that the subject amendments and
annexations will not have a significant effect on the environment, and accordingly
prepared draft Negative Declarations for the amendments and annexations; and
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WHEREAS, on November 20, 2003, 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, Initial Studies have been
prepared for the projects. After reviewing the Initial Studies and the draft
Negative Declarations, attached hereto as Exhibits ND -1 and ND -2, and
all comments received during the public review process, the Planning
Commission recommends the City Council approve the Negative
Declarations, reflecting the independent judgment of the City of Newport
Beach, and determine that the projects 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 Regulation 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 projects 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 Section 753.5(a)(3), the Commission recommends
that the projects not be required to pay Fish and Game Department filing
fees.
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2. GP 2003 -005: Area 7. The Planning Commission finds as follows with regard
to GP 2003 -005, pertaining to Area 7:
a. The amendment provides land use and other designations consistent with
existing land uses and designations in the area, which is almost
completely developed. The amendment will thus provide for preservation
of the area's character and environment for residents, business owners
and property owners.
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 GP 2003 -005, consisting of the following:
(1) Addition of Area 7 to the Land Use Element's "General Plan Land Use"
map as shown on Exhibit GP -1 attached hereto.
(2) Amendment to the text of the Land Use Element to add Area 7, as
out in Exhibit GP -2 attached hereto.
(3) Addition of Area 7 to Service Area 4 of the Facilities Plan Map of the
Recreation and Open Space Element, with no change to any parks or
other public facilities.
(4) Addition of Area 7 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. GP 2003 -006: Emerson Area. The Planning Commission finds as follows with
regard to GP 2003 -006, pertaining to the Emerson Area:
a. The amendment provides land use and other designations consistent with
existing land uses and designations in the area, which is almost
completely developed. The amendment will thus provide for preservation
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of the area's character and living environment for residents and property
owners.
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 GP 2003 -006, consisting of the following:
(1) Addition of the Emerson Area to the Land Use Element's "General
Plan Land Use" map as shown on Exhibit GP -3 attached hereto.
(2) Amendment to the text of the Land Use Element to add the Emerson
Area as set out in Exhibit GP-4 attached hereto.
(3) Addition of the Emerson Area to Service Area 3 of the Facilities Plan
Map of the Recreation and Open Space Element, with no change to
any parks or other public facilities.
(4) Addition of the Emerson Area to the Circulation Element's Master Plan
of Streets and Highways, with no change to any of the roadways
shown on the Master Plan.
4. CA 2003 -006: Area 7. The Planning Commission finds as follows with regard
to CA 2003 -006, pertaining to Area 7:
a. The proposed amendment to the Zoning Code text and the Districting
Maps provides for permitted land use and development standards
consistent with existing land uses and development in the area, which is
almost completely developed. The amendment will thus provide for
preservation of the area's character and living environment for residents.
and property owners, while avoiding the creation of nonconforming land
uses and structures.
b. The revised City Santa Ana Heights Specific Plan, a component of the
zoning amendment, closely follows the provisions of the current County
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Specific Plan for the West Santa Ana Heights 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.
In light of the preceding findings, the Planning Commission recommends that
the City Council approve CA 2003 -006, consisting of the following:
(1) Amendments to Title 20 (Zoning Code) of the Municipal Code, adding
the "RMD" and "CN" Districts and making other changes as set forth in
Exhibit ZA -1 attached hereto.
(2) Amendment to applicable zoning Districting Maps, adding Area 7 and
zoning the land therein as shown on Exhibit ZA -2 attached hereto, with
the specification that the County- approved development plan for the
area designated as "RMD -PRD" on the Exhibit shall be an integral part
of the zoning for said area.
(3) Amendment to Chapter 20.44 of the Zoning Code, the "Santa Ana
Heights Specific Plan" (Specific Plan District #7). The amended Santa
Ana Heights Specific Plan, distributed separately due to bulk, is hereby
designated by reference as Exhibit ZA -3 of this Resolution as if fully
set forth herein.
5. CA 2003 -007: Emerson Area. The Planning Commission finds as follows with
regard to CA 2003 -007, pertaining to the Emerson Area:
a. The proposed amendment to the Zoning Code text and the Districting
Maps provides for permitted land use and development standards
consistent with existing land uses and development in the area, which is
almost completely developed. The amendment will thus provide for
preservation of the area's character and living environment for residents
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and property owners, while avoiding the creation of nonconforming land
uses and structures.
b. The amendment is consistent with the General Plan.
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 CA 2003 -007, consisting of the following:
(1) Amendment to the applicable zoning Districting Map, adding the
Emerson Area and zoning the land therein as shown on Exhibit ZA-4
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.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2003.
BY:
Earl McDaniel, Chairman
Michael Toerge, Secretary
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AYES:
NOES:
A