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Home My WebLink About2012-23 - Approving Zoning Code Amendment No. CA2012 -002 regarding Emerson Island (PA2012-034)1 • i 3 i..G. \ _. i. • , # _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -002 FOR PREZONING THE UNINCORPORATED EMERSON ISLAND (PA2012 -034) WHEREAS, 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; and WHEREAS, City has submitted an application to the Orange County Local Agency Formation Commission to annex the unincorporated Emerson Island; and WHEREAS, 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; and WHEREAS, the Emerson Island is within the City's Sphere of Influence; and WHEREAS, prezoning this territory is a necessary component of the annexation process; and WHEREAS, the concurrent amendment to the Land Use Element of the General Plan will provide consistency with the proposed Zoning Code Amendment; and WHEREAS, on July 25, 2006, the City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan; and WHEREAS, 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; and WHEREAS, on January 27, 2004, the City Council adopted Ordinance No. 2004- 1 approving a Code Amendment (prezoning) for the Emerson Island. due to the General Plan update in 2006 and subsequent Zoning Code update in 2010, a new Zoning Code Amendment (prezoning) is required; and WHEREAS, at the November 8, 2012, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes, 0 absent), forwarded a recommendation to the City Council to approve the proposed Zoning Code Amendment; and Ordinance No. 2012 -23 Page 2 WHEREAS, 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; and WHEREAS, 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. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council does hereby approve Code Amendment No. CA2012 -002, establishing prezoning of R -1 (Single -Unit Residential) and RM (Multiple Residential) Zoning Districts to apply to land within the Emerson Island as depicted in Exhibit "A." SECTION 2: This ordinance shall supersede the prezoning previously approved by Ordinance No. 2004 -1 for the Emerson Island. SECTION 3: The approval of the Zoning Code Amendment set forth in this ordinance shall become effective on the date the annexation described herein is effective and only if the annexation is approved by the Orange County Local Agency Formation Commission at which point the Zoning Map shall be amended as provided in Exhibit "A." SECTION 4: The City Council finds that: 1. Amendments to the Zoning Code 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 zoning designations consistent with existing land uses and zoning 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. Ordinance No. 2012 -23 Page 3 SECTION 5: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: 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. 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 be 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 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of November, 2012, and adopted on the 8th day of January, 2013, by the following vote, to wit: Ordinance No. 2012-23 Page 4 AYES, COUNCIL MEMBERSHenn, Petros, Hill, Daigle, Selich, Gardner, Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None ATTEST: ) (A - LEILANI BROWN, CITY CLERK KEITH D. CURRY, MAYOR -117h- AARON HARP, CITY ATTORNEY Costa Mesa 2P 2� 4J ?�S T`rT Existing Boundary ®— Proposed City Boundary *The number following "R -1" represents the minimum lot size for newly created lots U � � n�IIFOAT�� y° P P 002 i CA2012 -002 (PA2012 -034) Zoning Code Amendment Emerson Island Annexation CA2012 -002 RM Exhibit6November /2012 Exhibit A yo % � 9H �'O P; oP J �P Q SR o0 OR 17 "' �P � 2� 4 0 75 150 Feet N` STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, Leilani I. 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 ordinance, being Ordinance No. 2012 -23 was duly and regularly introduced on the 274' day of November, 2012, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8`" day of January, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Curry, Selich, Henn, Daigle, Mayor Curry Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9tn day of January, 2013. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. 1, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2012 -23 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: December 1, 2012 Adopted Ordinance: January 12, 2013 In witness whereof, I have hereunto subscribed my name this day of 2013. City Clerk City of Newport Beach, California (Seal)