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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 10 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. 3 (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. 4 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 0 NOES: None ABSENT: Kiser