HomeMy WebLinkAbout03 - Emerson Island Annexation PA2012-034CITY OF
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City Council Staff Report Agenda Item No. 3
January 8, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Fern Nueno, Associate Planner
APPROVED: �` K
TITLE: Emerson Island Annexation Located at the Northeast Corner of
Tustin Avenue and Emerson Street (PA2012 -034)
ABSTRACT
The project consists of prezoning Emerson Island prior to annexation. Emerson Island
is located in unincorporated Orange County at the northeast corner of Tustin Avenue
and Emerson Street. Emerson Island consists of nine (9) lots totaling less than two (2)
acres in area developed with single- and multiple -unit residential dwellings. The three
lots fronting Tustin Avenue would be designated as Single -Unit Residential and the six
lots fronting the private streets would be designated as Multiple Residential with a cap
of 10 dwelling units total for all six lots. On November 27, 2012, the City Council
conducted a public hearing and introduced the Ordinance for the Zoning Code
Amendment (prezoning) and adopted a Resolution approving the General Plan
Amendment. The Code Amendment will be consistent with the land use designations
approved under the General Plan Amendment.
RECOMMENDATION
Conduct second reading and adopt Ordinance No. 2012 -23 (Attachment A) approving
Zoning Code Amendment No. CA2012 -002.
ENVIRONMENTAL REVIEW
All significant environmental concerns for the proposed project have been addressed in a
previously adopted Negative Declaration. The 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. 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. The
1
Emerson Island Annexation (PA2012 -034)
January 08, 2013
Page 2
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. The City Council adopted the
Negative Declaration on January 13, 2004.
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.
NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by
�-/ I �Yk' �' z r -
Rimberly Brand O
Director
Attachment: A. Ordinance No. 2012 -23 with Exhibit
2
City Council
Attachment A
Ordinance No. 2012 -23 with Exhibit
3
11
ORDINANCE NO. 2012-
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
0
Ordinance No. 2012 -
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.
NO
Ordinance No. 2012 -
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:
7
Ordinance No. 2012 -
Page 4
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
KEITH D. CURRY, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
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CA2012 -002 (PA2012 -034)
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Zoning Code Amendment
' Emerson Island Annexation
CA2012 -002 RM ExhibitBNovember /2012 Exhibit A
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