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Home My WebLink About2012-110 - Approve GP2012-001 to Establish Land Use Designations for the Unincorporated Emerson Island (PA2012-034)RESOLUTION NO. 2012 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2012 -001 TO ESTABLISH LAND USE DESIGNATIONS FOR THE UNINCORPORATED EMERSON ISLAND (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. City of Newport Beach ( "City ") desires to initiate proceedings pursuant to the Cortese -Knox- Herzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for annexation of territory known as Emerson Island to the City. 2. City has submitted an application to the Orange County Local Agency Formation Commission ( "OC LAFCO ") to annex the unincorporated Emerson Island. 3. The Emerson Island is 1.88 acres of unincorporated territory located northeast of Tustin Avenue and Emerson Street immediately south of the City's boundary. 4. The Emerson Island is within the City's Sphere of Influence. 5. Including this territory within the Land Use Element of the General Plan is a necessary component of the annexation process. 6. The concurrent amendment to the Zoning Code will provide consistency with the proposed General Plan Amendment. 7. On July 25, 2006, the City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan. 8. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. 9. On January 13, 2004, the City Council adopted Resolution No. 2004 -5 approving a General Plan Amendment for the Emerson Island. Due to the General Plan update in 2006 and subsequent Zoning Code update in 2010, a new General Plan Amendment is required. The land use designations approved by this resolution supersedes the previous land use designations approved by Resolution No. 2004 -5. 10.This General Plan Amendment is not subject to Section 423 of the City Charter (Protection from Traffic and Density) because the proposed amendment is City Council Resolution No. 2012 -110 Page 2 translating the existing development and the County land use designations to City land use designations. The amendment does not provide for any increase in density from what is allowed under the Orange County General Plan; therefore, it will not result in increases in peak hour trips, dwelling units, or square footage. 11. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on May 18, 2012. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on August 17, 2012. No requests for consultation were received. 12. At the November 8, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes), forwarded a recommendation to the City Council to approve the proposed General Plan Amendment. 13. The Orange County Airport Land Use Commission held a meeting on November 15, 2012, and voted to find the proposed amendments consistent with the Airport Environs Land Use Plan for John Wayne Airport. 14. A public hearing was held on November 27, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council, including the testimony of the interested parties, affected agencies, and the evaluation and recommendations by staff. SECTION 2, CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION 1. An Initial Study /Negative Declaration was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The Negative Declaration was circulated for a 30 -day comment period beginning on July 19, 2003, and ending on August 18, 2003. The contents of the environmental document and comments on the document were considered by the Planning Commission on November 20, 2003. 3, The City Council considered the Initial Study and Negative Declaration of the environmental impact for the project, and determined that the document adequately addresses the potential environmental effects of the proposed project. 4. The City Council adopted the Negative Declaration on January 13, 2004, with Resolution No. 2004 -5. City Council Resolution No. 2012 -110 Page 3 5. On the basis of the entire environmental review record, the proposed project will not have a significant effect upon the environment, and there are no known substantial adverse effects on human beings that would be caused. 6. Pursuant to CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Public Resources Code Section 21166 (Subsequent or supplemental impact report; conditions), notwithstanding the passage of time since the City Council adopted the negative declaration on January 13, 2004, no subsequent or supplemental environmental document is required because there have been no substantial changes to the project, no substantial changes to the circumstances, or any new information of substantial importance. 7. The document and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 3300 Newport Boulevard, Newport Beach, California. SECTION 3. FINDINGS 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The subject application was reviewed to determine if the amendment would be beneficial to the Emerson Island and surrounding area and to ensure that the annexation would not be detrimental to the City. 2. The Emerson Island is developed with single- and multiple -unit dwellings. The amendment provides land use designations consistent with existing land uses and designations in the area and the existing development within Emerson Island. The amendment will provide for preservation of the area's character and living environment for residents and property owners. 3. The amendment will not adversely affect the public health, safety, and welfare of the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2012 -001 establishing land use designations of RS -D (Single - Unit Residential Detached) and RM (Multiple -Unit Residential) to apply to land within the Emerson Island as depicted in Exhibit "A." 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. City Council Resolution No. 2012 -110 Page 4 Passed and adopted by the City Council of Newport Beach at a� r _ular meeting held on the 27th day of November, 2012. ! ATTEST: &J, _ L.eilani L Brdwn; Ci y Clerk Nancy Gard Costa Mesa �P ® ®° Existing City Boundary V -----Proposed City Boundary N�wro ; GP2012 -001 (PA2012 -034) 0 50 100eet General Plan Amendment Emerson Island Annexation 'c9LrxoaTln' GP2012- 001_RM_ExhibitANovemberl2012 ExhibitT °. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } 1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -110 was duty and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27'" day of November, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Curry, Selich, Henn, Daigle, Mayor Gardner Absent: Rosansky IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2e day of November, 2012. "i � f,_. City Clerk Newport Beach, California (Seal)