HomeMy WebLinkAbout8938 - Amendment 76-3RESOLUTION NO. 8938
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ACCEPTING THE NEGATIVE
DECLARATION AND APPROVING AMENDMENTS TO THE
• LAND USE, RESIDENTIAL GROWTH AND RECREATION
AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH
GENERAL PLAN (Amendment No. 76 -3)
WHEREAS, Section 20.51.070 of the Newport Beach
Municipal Code provides that final amendments to a Planned
Community Development Plan must be approved by a resolution
of the City Council setting forth full particulars of the
amendment; and
WHEREAS, the Planning Commission conducted a public
hearing on October 21, 1976, at which time it considered
certain amendments to the Land Use, Residential Growth and
Recreation and Open Space Elements of the Newport Beach
General Plan; and
WHEREAS, at said public hearing the Planning
Commission adopted Resolution No. 964 recommending to the City
Council that certain amendments to the Land Use, Residential
Growth and Recreation and Open Space Elements of the Newport
Beach General Plan be adopted as follows:
76 -3 -A. Amendment to the Land Use Element and
Residential Growth Element to change the designation of the
four lots at the southeast corner of Dahlia and Fifth Avenues
in Corona del Mar from "Retail and Service Commercial" to
"Two Family Residential ".
76 -3 -B. Amendment to the Land Use Element, Residential
Growth Element and Recreation and Open Space Element to revise
• the open space and paseo system in Harbor View Hills for
consistency with adopted Planned Community Development Plans.
• r
follows:
This amendment revises the General Plan Map as
(1) Land Use Plan. Adds a "Recreational and
Environmental Open:Space" designation corresponding
• to the adopted paseo system for Harbor'View Hills
along Spyglass Hill Road and E1 Capitan Drive.
(2) Residential Growth Plan. Adjusts residentially
designated areas to conform with the paseo system.
(3) Open Space Plan. Adds a "Greenbelt" designa-
tion corresponding to the paseo system, and adds a
"Playlot" designation for the park site at the north-
east corner of Spyglass Hill Road and E1 Capitan Drive.
76 -3 -C. Amendment to the Land Use Element adjusting
and clarifying Specific Area Plan boundaries:
(1) Cannery Village /McFadden Square Specific Area
Plan. The revised Specific Area Plan area of the Cannery
Village /McFadden Square Specific Area Plan includes the
commercial and residential area southeast of 32nd Street
and northeast of Balboa Boulevard and the commercial and
residential properties between the existing boundary and
19th Street. These revisions are intended to encompass
areas with problems of mixed uses and circulation which
are adjacent to the existing Specific Area Plan boundaries.
(2) Central Balboa Specific Area Plan. The revised
Specific Area Plan area of the Central Balboa Specific
Area Plan include the commercial uses and commercially
zoned property on Balboa Boulevard, west of the existing
boundary (where the General Plan indicates "Multi- Family
Residential ".) The precise boundary of the Central Balboa
Specific Area Plan area is shown on an 8 1/2" x 11" map
• to be added to the Land Use Element report.
76 -3 -E. Amendment to the Land Use Element changing
the designation of existing commercial uses on the south side
of East Coast Highway easterly of Bayside Drive from "Recreational
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•
•
and Marine Commercial" to "Retail and Service Commercial ",
to reflect existing uses and zoning.
76 -3 -F. Amendment to the Land Use Element text and
Residential Growth Element text adding
possibility of residential development
portion of the Aeronutronic -Ford site,
adopted General Plan Amendment No. 31.
to the Land Use Element text and the R
Element text is as follows:
a discussion of the
on the undeveloped
to reflect the previously
The wording to be added
=_sidential Growth
"In accordance with General Plan Amendment No. 31
(adopted by the City Council February 9, 1976) residential
development may be approved by the Planning Commission
and City Council as an alternate use for the currently
undeveloped portion of the Aeronutronic -Ford site, with
specific density limits and development standards.to be
determined at such time as the property owner submits
development plans for City approval."
76 -3 -G. Amendment to the Land Use Element text adding
a section pertaining to zoning and General Plan consistency.
The wording to be added to the Land Use Element text is as
follows:
"Zoning /General Plan Consistency. The Government
Code (Section 65860) states that the Zoning Ordinance
shall be consistent with the General Plan as follows:
'65860. (a) County or City zoning ordinances shall
be consistent with the general plan of the county or city
by January 1, 1974. A zoning ordinance shall be
consistent with a city or county general plan only if:
(i) The city or county has officially adopted
such a plan, and
(ii) The various land uses authorized by the ordinance
are compatible with the objectives, policies, general land
uses and programs specified in such a plan.
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is
(b) Any resident or property owner within a city
or a county, as the case may be, may bring an action in
the superior court to enforce compliance with the
provisions of subdivision (a). Any such action or proceed-
ings shall be governed by Chapter 2 (commencing with
Section 1084) of Title 1 of Part 3 of the Code of Civil
Procedure. Any action or proceedings taken pursuant to
the provisions of this subsection must be taken within
six months of January 1, 1974, or within 90 days of the
enactment of any new zoning ordinance as to said amendment
or amendments.
(c) In the event that a zoning ordinance becomes
inconsistent with a general plan by reason of amendment
to such a plan, or to any element of such a plan, such
zoning ordinance shall be amended within a reasonable time
so that it is consistent with the general plan as amended.'
As indicated in subsection (a) of Section 65860,
zoning and General Plan consistency is defined in terms
of the compatibility of zoning with the objectives and uses
specified in the General Plan. This concept of compatibility
allows for greater flexibility of interpretation than the
term "consistency" in its strictest sense. Consequently,
in certain cases zoning may be determined to be consistent
with the General Plan on the basis of compatibility with
its long -range objectives. It shall be the policy of the
City of Newport Beach to seek the highest degree of
consistency between the Zoning Ordinance and the General
Plan, while recognizing that absolute conformity at any
one point in time may not be feasible or desirable."
The following wording is to be added to the text of
the Land Use Element dealing with these problem areas:
(1) Description of Recreational and Environmental Open
Space: "Wherever the zoning of private property designated
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as open space by the Land Use Element is inconsistent
with said element, it is the intent of the City to
seek the agreement of property owners for rezoning to
open space, or to seek public acquisition of such
• open space areas. No changes in land use on property
designated for open space purposes shall be permitted
which are not consistent with the policies and objectives
of the General Plan."
(2). Discussion of Specific Area Plans: "Within
areas designated for a Specific Area Plan, existing
zoning should not be considered inconsistent with the
General Plan objectives since the Specific Area Plan
will replace the existing zoning; and since the Site
Plan Review requirement will, in the interim, help to
assure the accomplishment of General Plan objectives."
(3). Description of the "Recreational and Marine
Commercial ": "Where inconsistencies between existing
zoning and the 'Recreational and Marine Commercial'
designation occur, except in area designated for a 'Specific
Area Plan', properties will be rezoned to a, yet to be
created, Recreational and Marine Commercial District."
(4). Relating to the Dunes area on the question of
zoning /General Plan consistency: "Any development plans
for the Newport Dunes area should be prepared with the
fullest possible cooperation between the City and County,
and should be consistent with the intent of the 'Recreational
and Environmental Open Space' designation of the General
Plan."
76 -3 -H. Amendment to the Land Use Element text adding
a statement to the effect that the property near Island Avenue
• and Balboa Boulevard, currently zoned and developed for commercial
purposes, may remain in a commercial district until the commercial
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uses are discontinued, at which time rezoning to a residential
district will be considered. The wording to be added to the
Land Use Element text is as follows:
"Commercial Uses on Balboa Boulevard near Island
• Avenue. The property on the northerly side of Balboa
Boulevard west of Island Avenue, currently zoned and
developed for commercial purposes, may remain in a
commercial zoning district until such time as commercial
use of the property is discontinued or the property
owner requests a zone change, at which time rezoning to
a residential district will be considered."
76 -3 -I. Amendment to the Land Use Element and
Residential Growth Element changing the designation of property
at 807 East Bay Avenue from "Retail and Service Commercial"
to "Two- Family Residential."
76 -3 -J. Amendment to the Land Use Element designating
State -owned property adjacent to West Coast Highway between
the Santa Ana River and Newport Boulevard for the preparation
of a Specific Area Plan.
76 -3 -K. Amendment to the Land Use Element text
revising the description of permitted uses in areas designated
"General Industry" to permit separate office uses in certain
areas. The wording to be added to the Land Use Element text is
as follows:
"General Industry. This subcategory includes
research, development, and manufacturing firms, pro-
fessional services (such as architecture or engineering)
warehouses and wholesale sales, with retail sales only
if the retail sales are ancillary to, and on the same lot
as, another primary industrial or professional service
iuse. Separate office buildings will be permitted within
areas designated "General Industry" only where the zoning
ordinance allows this use."
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WHEREAS, the City Council finds and determines that
Amendment No. 76 -3 as set forth above is desirable and necessary;
and
• WHEREAS, the City Council has conducted a public hearing
on the proposed amendment in accordance with all provisions of
law; and
WHEREAS, the City Council finds that the proposed
amendments will not have a significant effect on the environment
and desires to accept the Negative Declaration prepared for
said General Plan amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby accepts the Negative Declaration on and approves
Amendment No. 76 -3 to the Newport Beach General Plan as referred
to hereinabove.
ADOPTED this 22nd day of November
ATTEST:
•
Cit y Clerk
CERTIFIED AS HE ORIGINAL
CITY CLERK OF THE CITY OF NEW? MAM
NOV 2 4 1976
DATE, .... ......... .. ...................,- ..�..,. >.,
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1976
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11/22/76