HomeMy WebLinkAbout2000-18 - Approving a Zoning Amendment For Prezoning of the Newport Coast/Ridge Area [Zoning Amendment 902].ORDINANCE 2000- 18
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING A ZONING
AMENDMENT FOR PREZONING OF THE NEWPORT
COAST/RIDGE AREA (ZONING AMENDMENT 9021
WHEREAS, the City of Newport Beach has initiated actions to annex territory to the
City of Newport Beach, including the Newport Coast and Newport Ridge Planned Communities
and other area adjacent to, but outside of, these two Planned Communities. The entire area to be
annexed is sometimes referred to in this Ordinance as Newport Coast/Ridge. That portion of
Newport Coast/Ridge within the Coastal Zone and/or the Newport Coast Planned Communities
is sometimes referred to as Newport Coast and that portion of Newport Coast/Ridge outside of
the Coastal Zone and/or within the Newport Ridge Planned Communities is sometimes referred
to as Newport Ridge; and
WHEREAS, Newport Coast/Ridge has been in the Newport Beach sphere of influence
for more than 30 years but the land use planning and development processing for the area has
• been conducted by the County of Orange with assistance from the Coastal Commission; and
WHEREAS, the County and The Irvine Company entered into the initial Newport Coast
Development Agreement (Agreement) on May 23`d, 1988. That Agreement was most recently
amended on December 3, 1996 and the Coastal Commission approved the amended Agreement
on December 10, 1996; and
WHEREAS, the Coastal Commission certified the Newport Coast LCP and First
Amendment on January 14, 1988. The Coastal Commission approved a Second Amendment to
the LCP and a Master Coastal Development Permit on December 10, 1996; and
WHEREAS, Newport Coast development is also governed by a June 27, 1997
"Settlement Agreement" between the County, The Irvine Company, Stop Polluting Our Newport
(SPON) and Friends of the Irvine Coast; and
WHEREAS, the County, in the course of land use planning the Newport Coast/Ridge,
has identified significant portions of land owned by The Irvine Company (Company) that
contains valuable habitat and has ensured preservation of that valuable habitat by requiring
dedication to public agencies subject to Company's right and ability to develop portions of the
• Property in accordance with the Development Plans and Development Approvals. The Newport
Coast is part of the Natural Communities Conservation Plan (NCCP), a complex agreement
• administered by the County that involves, among other things, the phased dedication of valuable
habitat in the Newport Coast and other portions of the County; and
WHEREAS, the NCCP and the land use permits, plans, approvals and agreements
governing land use in Newport Coast/Ridge represent an extremely complex and integrated plan
(Land Use Plan) for the preservation and development of the property. The administration and
implementation of the Land Use Plan requires a level of staffing, expertise, knowledge and
experience that can only be found in the County employees and officials that have been
intimately involved in the preparation of the documents that comprise the Land Use Plan. The
failure to properly administer or implement the NCCP and/or the Development Approvals could
deprive the public of the benefits of the proposed dedications of valuable habitat or interfere with
the rights of landowners to develop property — development that is a precondition to the
dedications; and
WHEREAS, the County has prepared all of the documentation required by the California
Environmental Quality Act (CEQA) for the Land Use Plan including numerous environmental
• impact reports (EIR's) and, in the case of the LCP approval, the functional equivalent to an EIR.
These environmental documents have fully evaluated all potential impacts related to
implementation of the Land Use Plan, have fully informed the decision maker and the public
with respect to any significant unavoidable impact, and the County has adopted all feasible
mitigation measures; and
WHEREAS, prior to annexation, the City intends to enter into a joint powers agreement
or similar arrangement with the County of Orange that would, upon annexation, delegate the
City's land use authority over the Newport Coast/Ridge to the County and restore land use
jurisdiction to the City upon full implementation of the Land Use Plan. The purpose of the
delegation and the joint powers agreement is to ensure that the development and dedication of
valuable habitat is processed by the County consistent with the Land Use Plan; 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 land outside of its boundaries which bears relation to its
• planning; and
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WHEREAS, the California Government Code requires zoning of property to be
• consistent with a city's General Plan designation of the property; and
WHEREAS, the City is required to establish zoning and General Plan designations for
Newport Coast/Ridge in conjunction with the proposed annexation; and
WHEREAS, the City intends, through this Ordinance and other planning documents, to
adopt zoning and General Plan designations for Newport Coast/Ridge that strictly conform to the
Land Use Plan that has been approved by all public entities with jurisdiction over the property
and authorize amendments to the Land Use Plan such as conversion of uses so long as there is no
increase in average daily trips; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has
completed an Initial Study, determined that the impacts of any action taken through this
Resolution have been fully evaluated in previously certified Environmental Impact Reports, that
the conditions to the preparation of a Subsequent or Supplemental EIR do not exist, and that a
Negative Declaration is appropriate; and
WHEREAS, on September 21, 2000, the Planning Commission of the City of Newport
• Beach held a public hearing regarding the proposed amendments and related items and
forwarded them to the City Council with a recommendation of adoption; and
WHEREAS, on October 10, 2000, the City Council of the City of Newport Beach held a
public hearing regarding the proposed amendments and related items, and testimony was
presented to and considered by the City Council; and
WHEREAS, the public was duly notified of the preceding public hearings.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: ENVIRONMENTAL REVIEW.
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 City Council hereby approves a
Negative Declaration reflecting the independent judgment of the City of Newport Beach,
and determines that the project is identical to a project approved after certification of
• numerous environmental documents as described in Exhibit GP -5 and that the
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circumstances described in Section 15162 and 15163 of the CEQA Guidelines do not
• exist.
SECTION 2: ZONING AMENDMENT.
In light of the preceding findings, the City Council hereby approves Amendment 902,
consisting of the following:
a. Addition of Districting Map Nos. 68 and 69 establishing zoning for the Newport
Coast/Ridge annexation area, as shown on Exhibit ZA -1 attached hereto.
b. Adoption of PC Development Plan PC -52, consisting of the Newport Coast LCP's
Implementing Actions Program for the Newport Coast area, and PC Development
Plan PC -53, consisting of the Newport Ridge Planned Community Program for
the Newport Ridge area. The Newport Coast Local Coastal Program's
Implementing Actions Program is Exhibit ZA -2 of this Ordinance. The Newport
Ridge Planned Community Program is Exhibit ZA -3 of this Ordinance.
C. The preceding zoning designations shall constitute prezoning of the annexation
area and shall become effective upon the approval of the annexation by LAFCO.
• SECTION 3: EFFECTIVE DATE.
The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
•
This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
2
This Ordinance was introduced at a regular meeting of the City Council of the City of
• Newport Beach held on October 10, 2000 and adopted on October 24, 2000 by the
following vote, to wit:
• ATTEST:
CITY CLERK
•
AYES, COUNCIL MEMBERS Thomson, Glover,
Adams, Debay. Ridgeway. O'Neil and Mavor Noves
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
5
MAYOR
EXHIBIT ZA -1:
• DISTRICTING MAPS NOS. 68 AND 69
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EXHIBIT ZA -2:
NEWPORT COAST LCP IMPLEMENTING ACTIONS PROGRAM (ADOPTED BY
THE COUNTY OF ORANGE DECEMBER 3,1996)
REFER TO RESOLUTION NO. 2000 -88 FOR ORIGINAL.
EXHIBIT ZA -3:
U
NEWPORT RIDGE PLANNED COMMUNITY PROGRAM
(ADOPTED BY THE COUNTY OF ORANGE MARCH 17, 1998)
REFER TO RESOLUTION NO. 2000 -88 FOR ORIGINAL.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2000 -15 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 24th
day of October, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil and Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of October 2000.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2000 -15 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 date, to wit: October 28, 2000.
In witness whereof, I have hereunto subscribed my name this day of
2000.
City Clerk
City of Newport Beach, California