HomeMy WebLinkAbout1517 - RECOMMEND APPROVAL OF GPA AND CA_ANNEXATION OF THE BAY KNOLLS AREARESOLUTION NO. 1517
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL APPROVAL OF AMENDMENTS AND OTHER
ACTIONS PROVIDING FOR ANNEXATION OF THE BAY
KNOLLS AREA TO THE CITY
[GPA 99 -3(A), ZONING AMENDMENT 9011
WHEREAS, the City of Newport Beach has initiated actions to annex territory identified
as the Bay Knolls area to the City of Newport Beach and to detach a portion of the area from the
City of Costa Mesa; and
WHEREAS, the California Government Code allows a city to prezone territory for the
purpose of determining the zoning that will apply to such territory after annexation to the city;
and
WHEREAS, pursuant to Section 65300 of the California Government Code, the City of
Newport Beach has prepared and adopt a comprehensive, long -term General Plan for the
physical development of the City and any land outside of its boundaries which bears relation to
its planning; and
WHEREAS, the California Government Code requires zoning to be consistent with a
city's General Plan designations on property; and
WHEREAS, land use and other General Plan designations for the Bay Knolls area not
currently addressed in the City of Newport Beach's General Plan must be provided in
conjunction with prezoning and annexation of those areas; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
staff has completed an Initial Study, determined that the subject project there will not have a
significant effect on the environment, and accordingly prepared a draft Negative Declaration for
the project; and
WHEREAS, on April 13, 2000, the Planning Commission of the City of Newport Beach
held a public hearing regarding the proposed amendments, annexations, and related items; and
WHEREAS, the public was duly notified of the public hearing.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of
Newport Beach makes the following findings and recommendations:
1. Environmental Review.
a. 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
Planning Commission recommends the City Council approve the Negative
Declaration reflecting the independent judgment of the City of Newport Beach,
and determine that the project will not have a significant impact upon the
environment. All records pertaining to this environmental determination are
retained in the Planning Department of the City of Newport Beach.
b. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the
Planning Commission has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for
any adverse effect on wildlife resources or the habitat upon which the wildlife
depends. Furthermore, on the basis of substantial evidence, the Planning
Commission hereby finds that any presumption of adverse impact has adequately
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been rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and
Title 14, California Code of Regulations Section 753.5(a)(3), the Commission
recommends that the project not be required to pay Fish and Game Department
filing fees.
2. GPA 99 -3(A). The Planning Commission finds as follows with regard to GPA 99-
3(A), pertaining to the Bay Knolls area:
a. The amendment provides land use and other designations consistent with
existing land uses and designations in the area, which is almost completely
developed. The amendment will thus provide for preservation of the area's
character and living environment for residents and property owners.
b. The amendment is internally consistent with those portions of the General
Plan which are not being amended.
c. The amendment will not adversely affect the public health, safety and welfare.
In light of the preceding findings, the Planning Commission recommends that the
City Council approve GPA 99 -3(A), consisting of the following:
(1) Addition of the Bay Knolls area to Statistical Area J5 (Westbay Area) on the
Land Use Element's "General Plan Land Use" diagram and other applicable
Land Use Element diagrams, and designation of the area as Single Family
Detached, as shown on Exhibit GP -1 attached hereto.
(2) Amendment to the text of the Land Use Element to add references to the Bay
Knolls area, as set forth in Exhibit GP -2 attached hereto.
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(3) Addition of the Bay Knolls area to Service Area 3 (Newport Heights — Upper
Bay) of the Recreation and Open Space Element, as shown on Exhibit GP -3
attached hereto.
(4) Addition of the Bay Knolls area to the Circulation Element's Master Plan of
Streets and Highways, with no change to any of the roadways shown on the
Master Plan.
3. Amendment 901. The Planning Commission finds as follows with regard to
Amendment 901, pertaining to the Bay Knolls area:
a. The proposed amendment to the Zoning Code text and the Districting Map
provides for permitted land use and development standards consistent with
existing land uses and development in the area, which is almost completely
developed. The amendment will thus provide for preservation of the area's
character and living environment for residents and property owners, while
avoiding the creation of nonconforming land uses and structures via the
imposition of new regulations.
b. The amendment is consistent with the General Plan.
c. The amendment will not adversely affect the public health, safety and welfare.
In light of the preceding findings, the Planning Commission recommends that the
City Council approve Amendment 901, consisting of the following:
(1) Amendment to Chapter 20.50 of the Municipal Code, adding the B -5 Overlay
District as set forth in Exhibit ZA -1 attached hereto.
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(2) Amendment to Districting Map No. 29, adding the Bay Knolls area and
designating it as "R- 1 -B -5" (Single Family Residential — B -5 Overlay), as
shown on Exhibit ZA -2 attached hereto.
4. Annexations. The Planning Commission finds as follows with regard to the proposed
change in sphere of influence boundaries for the Bay Knolls area and annexation of
the Bay Knolls, Newport Coast and Newport Ridge areas:
a. The sphere change and annexations provide for logical City boundaries
consistent with good planning and efficient provision of municipal services.
b. The sphere change and annexations are consistent with the General Plan,
Zoning Code, Local Coastal Program, and planned community documents, as
amended and adopted herein.
c. The amendment will not adversely affect the public health, safety and welfare.
In light of the preceding findings, the Planning Commission recommends that the
City Council approve the annexation of the Bay Knolls, Newport Coast and Newport
Ridge areas to the City, consisting of the following:
(1) A change in the City's sphere of influence boundaries to add the Bay Knolls
area, as shown on Exhibit A -1 attached hereto.
(2) Annexation of the Bay Knolls area, as shown on Exhibit A -1 attached hereto,
subject to detachment of the two subareas shown on the Exhibit from the City
of Costa Mesa.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend
that the City Council stipulate that the approval of the amendments set forth in this Resolution
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shall become effective only if the annexations described herein are approved by the Orange
County Local Agency Formation Commission.
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ADOPTED this 13th day of April, 2000, by the following vote, to wit:
BY
Larry Tucker, Secretary
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AYES Kiser, Ashley, Selich,
Gifford and Tucker
NOES None
ABSENT Kranzley