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HomeMy WebLinkAbout2012-111 - Requsing to Initiate Proceedings for Annexation of Emerson Island (PA2012-034)RESOLUTION NO. 2012-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MAKING APPLICATION TO AND REQUESTING THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE ANNEXATION OF APPROXIMATELY 1.9 ACRES OF PROPERTY KNOWN AS EMERSON ISLAND WITHIN ITS SPHERE OF INFLUENCE TO THE CITY OF NEWPORT BEACH (PA2012 -034) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The 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. The Emerson Island is 1.88 acres of unincorporated territory located northeast of the intersection of Tustin Avenue and Emerson Street immediately south of the City's boundary. 3. The proposed annexation area is within the City's Sphere of Influence. 4. A notice of intent to adopt this Resolution of Application has been sent by mail to affected and interested agencies. 5. The principal reasons for the proposed annexation are as follows: • The City anticipates that it can provide more efficient municipal services, especially in the areas of law enforcement and community recreational services, to the area than currently provided. • The City seeks to assist the County of Orange and the Orange County Local Agency Formation Commission ( "OC LAFCO ") in improving and simplifying the service delivery, jurisdiction, and governance of the unincorporated "island" to the City. 6. The territory included within the boundaries of the annexation is inhabited and a description of the boundaries is set forth in Exhibit A and attached hereto and by this reference incorporated herein. City Council Resolution No. 2012 -111 Page 2 7. It is desired that the proposed annexation be subject to terms and conditions established by the OC LAFCO. 8. This proposed annexation is subject to the following terms and conditions: The annexation shall be consistent with Government Code Section 56375.3(a) and other applicable law(s) existing as of the date of the filing of this Resolution. 9. At a public hearing on November 8, 2012, 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 and Zoning Code Amendment for the land use and prezoning of the Emerson Island. 10. 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. 11.A public hearing was held on November 27, 2012, in the City Hail 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 -111 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, DECISION NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach, California, hereby adopts and approves this Resolution of Application, and the OC LAFCO is hereby requested to initiate proceedings for the annexation of territory as illustrated in Exhibit "A" (the "Emerson Island Annexation to the City of Newport Beach "), according to the terms and conditions established by OC LAFCO and in the manner provided by the Cortese - Knox - Herzberg Local Government Reorganization Act of 2000. 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. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 27" day of November, 2012. ATTEST: Leilani I. Brown, City Clerk Nancy Gar1fiel) Mayor 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT °A' Emerson — Churchill Annexation No. CA 02 -12 to the City of Newport Beach That portion of land situated in the Rancho Santiago de Santa Ana recorded in Book 3, Pages 420 thru 423 of Patents, Records of Los Angeles County on June 28, 1884; in the territory of the County of Orange, State of California, more particularly described as follows: Beginning at an angle point in the existing boundary of the City of Newport Beach as created by "Moden Annexation- Boundary No. 59 ", said angle point being the northwesterly terminus of that certain course shown as "N50 100'00 "W 226.95 "' in said annexation, said angle point also being a point on the northwesterly right of way line of Tustin Avenue (60.00 feet wide), a tie to said angle point bears North 37 054'01" West, 1315.90 feet to the Orange County Surveyor's Horizontal Control Station GPS No. 6228; having a coordinate value (U. S. Survey Foot) of North 2182036.092 and East 6058216.492 based upon the California Coordinate Systen (CCS83), Zone VI, 1983 NAD (1991.35 epoch O. C. S. GPS adjustment) as shown on Tract Mal No. 15468 recorded in Book 757, Pages 9 through 11, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County; Thence, along said existing City boundary per "Moden Annexation- Boundary No. 59" , through its various courses in a generally southeasterly, southwesterly and southeasterly direction to the intersection with the northeasterly terminus of that certain course shown as "N40 °E 165.08 "' on "Atiso No. I Annexation" to the City of Costa Mesa, being a point on a common boundary line between the City of Newport Beach and the City of Costa Mesa, Thence, leaving said common cities boundary and along the existing boundary of the City Costa Mesa as created by "Aliso No. 1 Annexation', "Emerson No. I Annexation" and "Annexation No, JA 01 -15" through their various courses, in a generally southwesterly, northwesterly and northeasterly direction to the POINT OF BEGINNING. Pagel of 2 1 2 3 4 5 6 7 8 9 10 EXIIIBIT `A' Emerson — Churchill Annexation No. CA 02-12 to the City of Newport Beach The above described parcel of land contains 1.88 acres, more or less. Unless otherwise noted, all distances are ground based on the California Coordinates Syste (CCS83), Zone VI, 1983 NAD (1991.35 epoch OCS GPS adjustment). To obtain grid distances multiply ground distance by 0.99996972. All as shown on Exhibit `B ", attached hereto and by this reference made a part hereof. 11 12 This document was prepared by me or 13 under my direction and supervision. 14 Dated this 14day of .2006 15 16 17 Wanda Bate, L.S. 7695 18 My license expires 1213112006 19 20 21 This document does meet the approval of 22 the Orange County Surveyor's Office 23 Dated this,;�� y of Ja .2006 24 25 26 ymond L. 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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 -111 was duly 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`h 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 sea( of said City this 281h day of November, 2012. t1 lk City Clerk Newport Beach, California {Seal}