HomeMy WebLinkAbout11 - Annexation of Bay Knolls AreaCITY OF NEWPORT BEACH
�PE`w�R COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: May 9, 2000
PLANNING DEPARTMENT Agenda Item No.: 13
3! S MS NEWPORT BOULEVARD Staff Person: Patrick J. Alford
91�FORN�P NEWPORT BEACH, CA 92658 (949) 644 -3235
(949) 644'32-% FAX (949) 644-3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Annexation of Bay Knolls Area
SUMMARY: General Plan Amendment, Prezoning Amendment, sphere of influence
change, detachments, necessary to complete annexation of the Bay Knolls
area to the City.
ACTION: 1) Conduct public hearing; 2) adopt Resolution No. 2000- approving
General Plan Amendment 99 -3 (A); and introduce Ordinance No. 2000-
_ approving Amendment 901 and pass to second reading on May 23,
2000.
Background
On October 25, 1999, the City Council initiated an application with the Local Agency Formation
Commission (LAFCO) to annex the Bay Knolls area.
Analysis
The subject amendments are necessary for the annexation of the Bay Knolls area to the City of
Newport Beach. This includes the transfer of the Bay Knolls area from the City of Costa Mesa's
sphere of influence to that of the City of Newport Beach and the detachment of two Bay Knolls
neighborhoods presently within the City of Costa Mesa.
The General Plan amendment will add the Bay Knolls area to the Land Use Element under the
Single Family Detached land use designation. The Zoning Code amendment will create a new
B -5 Overlay District and prezone the area Single Family Detached with the new B -5 Overlay (R-
1-B-5).
Because the Bay Knolls area has been largely built out for some time, it is desirable to retain the
permitted uses and development standards currently in effect under the County of Orange and the
City of Costa Mesa. However, the Newport Beach Zoning Code's R -1 classification does not
match the other two jurisdictions' single family standards. Therefore, it has been necessary to
create a new overlay district, the `B -5" overlay.
Planning Commission Action
On April 13, 2000, the Planning Commission voted unanimously to recommend approval of the
Bay Knolls annexation.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments:
Prepared by:
PATRICK J. ALFORD
Senior Planner
ma W�
1. Draft resolution.
2. Draft ordinance.
3. April 13, 2000 Planning Commission staff report.
4. Draft April 13, 2000 Planning Commission minutes.
Bay Knolls Annexation
May 9, 2000
Page 2
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO THE
LAND USE ELEMENT AND RECREATION AND OPEN SPACE
ELEMENT OF THE NEWPORT BEACH GENERAL PLAN
[PLANNING COMMISSION GENERAL PLAN AMENDMENT 99 -3
(A)]
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, pursuant to Section 65300 of the California Government Code, the City of
Newport Beach is required to prepare 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 General Plan Amendment 99 -3 (A); and
WHEREAS, on May 9, 2000, the City Council of the City of Newport Beach held a
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public hearing regarding General Plan Amendment 99 -3 (A); and
WHEREAS, the public was duly noticed of these public hearings; and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1: The Land Use Element of the General Plan shall be amended to designate
Bay Knolls area as Residential Single Family Detached.
SECTION 2: The Land Use Element of the General Plan shall be amended to add Bay
Knolls area to "Westbay Area" -- Statistical Area J5 of the Land Use Element as provided in
Exhibit "A."
SECTION 3: The Recreation and Open Space Element of the General Plan shall be
amended to add Bay Knolls to Service Area 3 (Newport Heights — Upper Bay) as provided in
Exhibit `B."
SECTION 4: Circulation Element of the General Plan shall be amended to add Bay
Knolls area to the Master Plan of Streets and Highways.
2
This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on May 9, 2000, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A:
ADDITION OF BAY KNOLLS ANNEXATION TO "WESTBAY AREA" --
STATISTICAL AREA J5 OF THE LAND USE ELEMENT
INSECTIONENTITLED: "Westbay Area (Statistical Area J51 ":
1. Headings I — 9: No changes.
2. Add Heading No. 10:
"10. Bay Knolls. The Bay Knolls annexation added 55 acres of developed residential
territory to the City's west boundary between 22 "d Street and Santa Isabel
Avenue. The area is designated Single Family Detached."
3. Add new row to the Table labeled, "ESTIMATED GROWTH FOR STATISTICAL AREA J5 ":
10. Bay Knolls: Existing Residential du's: 190
General Plan Projection: 190
Projected Growth: 0
Also, adjust the table's dwelling unit and population totals to reflect the above additional
dwelling units.
INSECTIONENTITLED: "Citywide Growth Projections ":
4. Amend the Table labeled, "ESTIMATED GROWTH FOR THE NEWPORT BEACH
PLANNING AREA" to reflect the preceding Bay Knolls dwelling unit and population
additions.
Exhibit A
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ORDINANCE 2000-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO
SECTION 20.50.030 OF THE MUNICIPAL CODE TO ADD THE
B -5 OVERLAY DISTRICT AND TO DISTRICTING MAP
NUMBER 29 TO PREZONE THE BAY KNOLLS AREA
[PLANNING COMMISSION 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 provides that a city may prezone property
for the purpose of determining the zoning that will apply to such property in the event of
subsequent annexation to the city; and
WHEREAS, the Bay Knolls area has been largely built out and it is desirable to retain the
permitted uses and development standards currently in effect under the County of Orange and the
City of Costa Mesa; and
WHEREAS, the City of Newport Beach Zoning Code's Single Family Residential (R -1)
Zoning District does not match the other the County of Orange and the City of Costa Mesa's
single family district standards. Therefore, it is necessary to add the `B -5" Overlay District to the
City of Newport Beach Zoning Code; 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
I
WHEREAS, on April 13, 2000, the Planning Commission of the City of Newport Beach
held a public hearing regarding Amendment 901; and
WHEREAS, on May 9, 2000, the City Council of the City of Newport Beach held a
public hearing regarding this amendment; and
WHEREAS, the public was duly noticed of these public hearings; and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Districting Map Number 29 shall be amended to prezone the subject
properties to the Single Family Residential/B -5 Overlay (R- 1 -B -5) District as depicted in Exhibit
"A„
SECTION 2: Section 20.50.030 shall be amended to add the B -5 Overlay District as
provided in Exhibit `B."
SECTION 3: 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.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on May 9, 2000, and adopted on the 23rd day of May 2000, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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EXHIBIT B:
ADDITION OF "B -5" OVERLAY ZONE TO ZONING CODE
INMUMCIPAL CODE TITLE 20, CHAPTER 20.50:
1. Amend the table in Section 20.50.030 as follows (added the row and column shown in bold
type):
i3
B, B -1, B -2, B -3, B -4
B -5
Minimum Lot Area (sq.ft.)
NO CHANGES
7,200
Minimum Lot Width (ft.)
n/a
Lot Length (ft.)
n/a
Minimum Yards
Front Yard (ft.)
20
Rear Yard (ft.)
20
Side Yard (ft.)
5
Maximum Coverage
60%
Maximum Bldg. Height
35 ft. — max. 2 stories
i3
CITY OF NEWPORT BEACH Hearing Date:
t dF'WPORT COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.:
PLANNING DEPARTMENT
Staff Person:
MS NEWPORT BOULEVARD
C9t� NEWPORT BEACH. CA 92658
(949) 694_32°°; FAX (949) 694-3250
REPORT TO THE PLANNING COMMISSION
SUBJECT: Annexation of Bay Knolls Area
13,
Larry Lawrence
(949) 661 -8175
SUMMARY: General Plan Amendment, Prezoning Amendment, sphere of influence change,
detachments, necessary to complete annexation of the Bay Knolls area to the City
ACTION: Conduct the public hearing and adopt Resolution No. 2000- , recommending
City Council approval, modification, or disapproval of the General Plan and
prezoning amendments and the annexation.
ZONING
DISTRICTS: Existin : Single Family Residential under County of Orange and City of Costa
Mesa Zoning Codes.
LAND USE
DESIGNATIONS:
Proposed: Under City of Newport Beach: Single Family Residential (R -1).
Existing: Single Family Detached under County of Orange and City of Costa Mesa
General Plans.
Proposed: Under City of Newport Beach: Single Family Detached.
I `i
VICINITY MAP
Bay Knolls
Proposed Annexation Area
Detach from Costa Mesa,
Annex to Newport Beach
City of Newport Beach
Boundary
N
W-- E
s
,s.
Subject Properties and Surroundinil Land Uses
r
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The annexation area is located adjacent to the northwest boundary of the City, from 22 "d St. to Santa
Isabel Ave.
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Bay Knolls Annexation
April 13, 2000
Page 2
Current Land Use: Developed single family residential neighborhoods
To the north, south and west: City of Costa Mesa residential areas
To the east and southeast: City of Newport Beach residential areas and open space
Background
On October 25, 1999, the City Council initiated an application with the Local Agency Formation
Commission (LAFCO) to annex the Bay Knolls, Newport Coast/Ridge, and Santa Ana Heights areas.
However, prezoning for the Santa Ana Heights area was delayed to allow time for completion of a specific
plan amendment by the County.
Details of the joint powers agreement with the County regarding the Newport Coast — Newport Ridge area
and determination of the most appropriate procedures for processing the annexation of that area are still being
worked out. Therefore, in order to avoid unnecessary delay in the review of the Bay Knolls portion, the
annexation of the two areas was severed.
One of the first steps in implementing the Bay Knolls annexation is to apply appropriate City General Plan
and zoning designations to the affected areas. This agenda item initiates that process.
The Bay Knolls area encompasses 55 acres and contains 190 single family lots, almost all of which are
developed. Twenty five of the Bay Knolls lots are presently within the City of Costa Mesa. These would
be detached from that City and made part of Newport Beach if the annexation is approved.
Points and Authoritv
Conformance with the General Plan
The present review package includes a General Plan Amendment to add the Bay Knolls area to the Land
Use Element. Since the area is already developed in single family residential neighborhoods, the proposed
designation upon annexation is Single Family Detached.
Conformance with the Municipal Code
Because the Bay Knolls area has been largely built out for some time, it is desirable to retain the permitted
uses and development standards currently in effect under the County of Orange and the City of Costa
Mesa. However, the Newport Beach Zoning Code's R -1 classification does not match the other two
jurisdictions' single family standards. Therefore, it has been necessary to create a new overlay district, the
"B -5" overlay. This district provides the following standards:
I(-f
Bay Knolls Annexation
April 13, 2000 �/
Page 3/"
The above standards constitute a melding of the existing County of Orange and City of Costa Mesa R -1
standards currently governing the area. In cases where there are discrepancies between the two, a
judgment was made as to the most reasonable standard, based on the development characteristics of the
built -out area. Thus, the County minimum lot size of 7200 square feet was used instead of Costa Mesa's
6000 square feet because a review of area maps shows that all of the Costa Mesa lots meet the higher
County standard. However, Costa Mesa's rear yard setback of 20 feet for two -story dwellings was used
instead of the County's 25 feet because: (1) 20 feet still provides a reasonable rear yard setback, and (2)
many of the Costa Mesa lots may already be developed to the lesser standard. (In Costa Mesa, one -story
dwellings are allowed a reduced rear setback, to a minimum of ten feet. If any one -story dwellings on the
25 lots to be detached from Costa Mesa have such a reduced setback, they will be considered
nonconforming structures under Newport Beach's Zoning Code. Nonconforming structures are allowed to
remain and can be altered within the limitations of Chapter 20.62 (Nonconforming Structures and Uses)
of the Zoning Code.
Site Overview
The Bay Knolls area encompasses 55 acres adjacent to the northwest City boundary. It is almost
completely developed in conventional single family detached residential neighborhoods, with 20 -foot
front setbacks, five -foot side setbacks, and two- and three -car garages (see Exhibit GP -1).
Project Overview
The Planting Commission is required to make recommendationsto the City Council on the following:
1. General Plan Amendment 99 -3(A) — An amendment to add the Bay Knolls area to the General
Plan Land Use, Recreation and Open Space, and Circulation Elements, and designating its land
use as Single Family Detached.
2. Zoning Code Amendment 901 — Text and map amendments to add the `B -5" overlay district to
Section 20.50.030 of the Zoning Code and to designate the Bay Knolls area as "R- 1 -13-5 ", with
development standards generally consistent with those currently in effect in the County of Orange
and the City of Costa Mesa.
3. Sphere of Influence Amendment - Transfer of the Bay Knolls area from the City of Costa
Mesa's sphere of influence to that of the City of Newport Beach.
Bay Knolls Annexation I
April 13, 2000
Page 1X
B -5 Overlay
Minimum Lot Area (sq.ft.)
7,200
Minimum Lot Width (ft.)
n/a
Lot Length (ft.)
n/a
Minimum Yards:
Front Yard (ft.)
20
Rear Yard (ft.)
20
Side Yard (ft.)
5
Maximum Coverage
60%
Maximum Bldg. Height
35 ft. —max. 2 stories
The above standards constitute a melding of the existing County of Orange and City of Costa Mesa R -1
standards currently governing the area. In cases where there are discrepancies between the two, a
judgment was made as to the most reasonable standard, based on the development characteristics of the
built -out area. Thus, the County minimum lot size of 7200 square feet was used instead of Costa Mesa's
6000 square feet because a review of area maps shows that all of the Costa Mesa lots meet the higher
County standard. However, Costa Mesa's rear yard setback of 20 feet for two -story dwellings was used
instead of the County's 25 feet because: (1) 20 feet still provides a reasonable rear yard setback, and (2)
many of the Costa Mesa lots may already be developed to the lesser standard. (In Costa Mesa, one -story
dwellings are allowed a reduced rear setback, to a minimum of ten feet. If any one -story dwellings on the
25 lots to be detached from Costa Mesa have such a reduced setback, they will be considered
nonconforming structures under Newport Beach's Zoning Code. Nonconforming structures are allowed to
remain and can be altered within the limitations of Chapter 20.62 (Nonconforming Structures and Uses)
of the Zoning Code.
Site Overview
The Bay Knolls area encompasses 55 acres adjacent to the northwest City boundary. It is almost
completely developed in conventional single family detached residential neighborhoods, with 20 -foot
front setbacks, five -foot side setbacks, and two- and three -car garages (see Exhibit GP -1).
Project Overview
The Planting Commission is required to make recommendationsto the City Council on the following:
1. General Plan Amendment 99 -3(A) — An amendment to add the Bay Knolls area to the General
Plan Land Use, Recreation and Open Space, and Circulation Elements, and designating its land
use as Single Family Detached.
2. Zoning Code Amendment 901 — Text and map amendments to add the `B -5" overlay district to
Section 20.50.030 of the Zoning Code and to designate the Bay Knolls area as "R- 1 -13-5 ", with
development standards generally consistent with those currently in effect in the County of Orange
and the City of Costa Mesa.
3. Sphere of Influence Amendment - Transfer of the Bay Knolls area from the City of Costa
Mesa's sphere of influence to that of the City of Newport Beach.
Bay Knolls Annexation I
April 13, 2000
Page 1X
4. Detachment — Removal of the two Bay Knolls neighborhoods within the annexation area which
are presently within the City of Costa Mesa from that City to provide for annexation to Newport
Beach.
5. Annexation —Annexation of the Bay Knolls area to the City of Newport Beach.
6. Negative Declaration - Adoption of the attached Negative Declaration, finding that the project
will not have a significant impact on the environment.
Analysis
Upon annexation of the Bay Knolls area, fire protection services will transfer from the Orange County
Fire Authority to the Newport Beach Fire and Marine Department and police services will transfer from
the Orange County Sheriff to the Newport Beach Police Department. The City's Plan of Service for the
annexation area provides for the maintenance or improvement of existing levels of service for both fire
and police protection.
Other public services and facilities, such as administrative, recreation, and public works will remain
unchanged or possibly improve because of the closer proximity of City offices and facilities to the two
annexation areas than is now the case under County jurisdiction.
The General Plan and zoning amendments described in this report will provide for annexation of the Bay
Knolls area with a minimum of change for the affected residents and other property owners. The area,
though within Costa Mesa's sphere of influence, could logically be part of either City in terms of access,
topography, and city services. Also, many of the residents may already identify with Newport Beach
because most of the area has that City as a mailing address. This, in addition to City zoning regulations
tailored to the area (described earlier in this report), will help maintain continuity under the annexation.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments (to Resolution): GP -1:
GP -2:
GP -3:
ZA -1:
ZA -2:
A -1:
ND -1:
Prepared by:
LARRY N. LAWRENCE
Project Manager
Addition Of Bay Knolls To Land Use Element (LUE)
LUE Text Amendment Adding References to the Bay Knolls Area
Addition of Bay Knolls to Recreation and Open Space Element
Addition of `B -5" Overlay District to Zoning Code
Addition of Bay Knolls to Districting Map No. 29
Addition of Bay Knolls to City's Sphere of Influence and Annexation of Area
Negative Declaration
Bay Molls MnManon
April 13,agC 05
Pale S/ I
RESOLUTION NO.
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 901]
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;
"IT41
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
1
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:
I. 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
2
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.
3
(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.
0
(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
E
shall become effective only if the annexations described herein are approved by the Orange
County Local Agency Formation Commission.
ADOPTED this 13th day of April, 2000, by the following vote, to wit:
BY
Edward Selich, Chairman
BY
Patricia L. Temple, ex officio Secretary
AYES
NOES
ABSENT
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EXHIBIT GP -2:
ADDITION OF BAY KNOLLS ANNEXATION TO "WESTBAY AREA" --
STATISTICAL AREA J5 OF THE LAND USE ELEMENT
INSECTIONENTITLED: "Westbay Area (Statistical Area J5r:
1. Headings 1— 9: No changes.
2. Add Heading No. 10:
"10. Bay Knolls. The Bay Knolls annexation added 55 acres of developed residential
territory to the City's west boundary between 22 "d Street and Santa Isabel
Avenue. The area is designated Single Family Detached."
3. Add new row to the Table labeled, "ESTIMATED GROWTH FOR STATISTICAL AREA Ji
10. Bay Knolls: Existing Residential du's: 190
General Plan Projection: 190
Projected Growth: 0
Also, adjust the table's dwelling unit and population totals to reflect the above additional
dwelling units.
INSECTIONENTITLED: "Citywide Growth Projections ":
4. Amend the Table labeled, "ESTIMATED GROWTH FOR THE NEWPORT BEACH
PLANNING AREA" to reflect the preceding Bay Knolls dwelling unit and population
additions.
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EXHIBIT ZA -1:
ADDITION OF "B -5" OVERLAY ZONE TO ZONING CODE
INMUMCIPAL CODE TITLE 20, CHAPTER 20.50:
1. Amend the table in Section 20.50.030 as follows (added the row and column shown in bold
type).
as
B, B -1, B -2, B -3, B -4
B -5
Minimum Lot Area (sq.ft.)
NO CHANGES
7,200
Minimum Lot Width (ft.)
n/a
Lot Length (ft.)
n/a
Minimum Yards
Front Yard (ft.)
20
Rear Yard (ft.)
20
Side Yard (ft.)
5
Maximum Coverage
60%
Maximum Bldg. Height
35 ft. — max. 2 stories
as
EXHIBIT A -1:
ADDITION OF BAY KNOLLS TO CITY'S SPHERE AND
ANNEXATION OF THE AREA
Bay Knolls
Proposed Annexation Area
Detach from Costa Mesa,
Annex to Newport Beach
City of Newport Beach
Boundary
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EXHIBIT ND -1:
NEGATIVE DECLARATION
CITY OF NEWPORT BEACH
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NEGATIVE DECLARATION
To:
Office of Planning and Research
Fxx 1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
xx Public Services Division
P.O. Box 238
Santa Ana, CA 92702
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Date received for filing at OPR/County Clerk
Public Review Period: March 6 to April 6, 2000
Name of Project: Newport Coast/Ridge- Bay Knolls Annexation
Project Location: Newport Coast/Ridge: SE boundary of City, South of San Joaquin Hills TC.
Bay Knolls: NW boundary of City, from 22nd St. to Santa Isabel Ave.
(see attached maps)
Project Description: General plan amendments, prezonings, LCP amendment, sphere of influence
changes, annexations, and detachments necessary to complete annexation of the
above areas to the City (see maps attached at the end of this document).
Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined
that the proposed project would not have a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is 0 attached 1I on file at the Planning Department.
The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This
document will be considered by the decision - maker(s) prior to final action on the proposed project.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to
examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to
the close of the public review period. Your comments should speciflcally identify what environmental impacts you believe
would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted
to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to
attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please
contact Larry Lawrence, project manager for the City, at (949) 661 -8175.
Patricia L. Temple, Date: 3/3/00
Planning Director
31,
1.
R
CITY OF NEWPORT BEACH
INITIAL STUDY AND ENVIRONMENTAL CHECKLIST
Project Title:
Lead Agency Name and Address:
3. Contact Person and Phone No.:
4. Project Location:
(see maps at end of document)
General Plan Amendments, Prezonings, and Annexations
for Newport Coast/Ridge- Bay Knolls Annexation
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Larry Lawrence, Project Manager for City
Lawrence Associates
949 - 661 -8175
Newport Coast/Ridge:
Bay Knolls:
SE boundary of City, S. of
San Joaquin Hills TC.
NW boundary of City,
from 22 "d St. to Santa
Isabel Ave.
5. Project Sponsor's Name /Address: City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
6. General Plan Designations: Newport Coast/Ridge: Various residential, com-
mercial, and open space
designations under
Newport Coast LCP and
County of Orange Gen. Plan
Bay Knolls: Single family residential,
under County of Orange
and City of Costa Mesa
General Plans
7. Zoning: Newport Coast/Ridge: Newport Coast LCP and
Newport Ridge Planned
Community Program, under
County of Orange
Bay Knolls: Single family residential
under County of Orange
and City of Costa Mesa
Zoning Codes
�3
S. Description of Project: General plan amendments, prezonings, sphere of
influence changes, annexations, and detachments
necessary to complete annexation of the Newport
Coast/Ridge and Bay Knolls areas to the City (see
maps attached at the end of this document).
9. Surrounding Land Uses And Setting (see maps at end of document):
Project Site:
Newport Coast/Ridge: developing residential, commercial, and open
space planned communities
To the west:
City of Newport Beach residential areas and open space
To the north
San Joaquin Hills Transportation Corridor and City of Irvine
To the east:
Crystal Cove State Park (unincorporated territory)
To the south:
Pacific Ocean
Project Site:
Bay Knolls: Developed single family residential neighborhoods
To the west, north and
south:
City of Costa Mesa residential areas
To the east:
City of Newport Beach residential areas and open space
10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or
participation agreement):
Orange County Local Agency Formation Commission (LAFCO), County of Orange, City of Costa Mesa
(for Bay Knolls annexation area), Irvine Ranch Water District (for Newport Coast/Ridge annexation
area).
11. Existing Conditions:
Public Services
Public services, facilities, and utilities for the annexation areas are currently provided by the
County of Orange, special districts, homeowner associations and, in the case of two small portions
of Bay Knolls, by the City of Costa Mesa.
Land Use And Development
The Newport Coast area is administered by the County of Orange under the Newport Coast
Local Coastal Program — Second Amendment (LCP). The Land Use Plan portion of the LCP
designates General Plan land use categories, while the Implementing Actions Program portion
provides zoning regulations in the form of the LCP's Planned Community District Regulations.
Designated land uses include a variety of residential, commercial, golf course, recreational, and
conservation uses.
Newport CoasMidge/Bay Knolls Annexation
INITIAL STUDY
Page 2
3a,
The Newport Ridge area is regulated under the Orange County General Plan and the Newport
Ridge Planned Community — Planned Community Program. Designated land Uses include
residential, village commercial and recreation.
Both of the above areas are currently under development, with projected buildout of Newport
Ridge in 2005 and Newport Coast in 2010.
Portions of the Bay Knolls area are administered by the County of Orange and the City of
Costa Mesa (see map at end of document). General Plan and Zoning designations under both of
the above jurisdictions are single family residential. With the exception of a few vacant infill
lots, the area is built out.
12. Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages.
❑
Aesthetics
❑
Geology /Soils
❑
Noise
❑
Agricultural Resources
❑
Hazards /Hazardous Materials
❑
Population/Housing
❑
Air Quality
❑
Hydrology /Water Quality
❑
Public Services
❑
Biological Resources
❑
Land Use/Planning
❑
Recreation
❑
Cultural Resources
❑
Mineral Resources
❑
Transportation/Traffic
❑
Utilities & Service Systems
❑
Mandatory Findings of Significance
No potentially significant impacts were found. "No Impact' and "No Significant Impact" responses were
given in all categories because the change in jurisdiction from the County of Orange or the City of Costa
Mesa to the City of Newport Beach will not result in any environmental effect. For example, in the
Newport Coast area, any impacts on air quality, biological resources, water quality, or other categories
are a result of previously- approved land use and development plans which will not change as a result of
the change in jurisdiction. (Such impacts have been analyzed in previous environmental impact reports
available for inspection at the County of Orange.)
13. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared. D
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A NEGATIVE DECLARATION will be prepared. ❑
I find that the proposed project MAY have a significant effect on the
environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
Newport CoasOUdge/Bay Knolls Annexation
INITIAL STUDY
Page 3 y
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described
on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed. ❑
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
all potentially significant effects (a) have been analyzed adequately in an earlier
EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project. ❑
Signature
Larry Lawrence
Printed Name
3/3/00
Date
Newport Coast(RidgeBay Knolls Annexation
INITIAL STUDY
Page 4
3�
Sections: A. ENVIRONMENTAL CHECKLIST
B. EXPLANATION OF CHECKLIST RESPONSES
A. ENVIRONMENTAL CHECKLIST
The Environmental Checklist provides a preliminary analysis of the proposed project's potential for
significant environmental impacts. Sources of information for all responses are specified immediately
following the checklist.
Newport CoasMdge/Bay Knolls Annexation
INITIAL STUDY
Page 5
IMPACT CATEGORY
Potentially
Significant
Impact
Significant
Unless
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
SOURCES*
- -- — --
- - - -- — - -- - -- -- - - -- - --
' See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
I.
AESTHETICS.
Would the project:
a)
Have a substantial adverse effect on a
❑
❑
❑
0
NC /NR: 1 -7
scenic vista?
BK: 1,2,5,6,7
b)
Substantially damage scenic resources,
❑
❑
❑
0
NC /NR: 1 -7
including, but not limited to, trees, rock
BK: 1,2,5,6,7
outcroppings, and historic buildings within
a state scenic highway?
C)
Substantially degrade the existing visual
❑
❑
❑
0
NC /NR: 1 -7
character or quality of the site and its
BK: 1,2,5,6,7
surroundings?
d)
Create a new source of substantial light or
❑
❑
❑
0
NC /NR: 1 -7
glare which would adversely affect day or
BK: 1,2,5,6,7
nighttime views in the area?
II.
AGRICULTURE RESOURCES.
Would the project:
a)
Convert Prime Farmland, Unique
❑
❑
❑
0
NC /NR: 1 -7
Farmland, or Farmland of Statewide
BK: 12.7
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b)
Conflict with existing zoning for agricultural
❑
❑
❑
0
NC /NR: 1 -7
use, or a Williamson Act contract?
BK: 1,2,7
Newport CoasMdge/Bay Knolls Annexation
INITIAL STUDY
Page 5
Newport Coasl/kidge/Bay Knolls Annexation
INITIAL STUDY
Page 6
3(" r
IMPACT CATEGORY
Potentially
Significant
Impact
rocenuany
Significant
Unless
Mitigation
Incorporated
Less than No
Significant Impact
Impact
SOURCES'
' See Source References at
_
the end of this Checklist. "NC /NR" refers to
a Newport
Coast and/or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
C)
Involve other changes in the existing
❑
❑
❑ R1
NC /NR: 1 -7
environment which, due to their location or
BK: 1.2,7
nature, could result in conversion of
Farmland, to non - agricultural use?
III.
AIR QUALITY.
Would the project:
a)
Conflict with or obstruct implementation of
❑
❑
❑ 0
NC /NR: 2 -6,
the applicable air quality plan?
10,11,12,13
BK: 2,5,6,10,11
b)
Violate any air quality standard or
❑
❑
❑ Q
NC /NR: 2 -6,
contribute to an existing or projected air
10,11,12,13
quality violation?
BK: 2,5,6,10,11
C)
Result in a cumulatively considerable net
❑
❑
❑ El
NC /NR: 2 -6,
increase of any criteria pollutant for which
10,11,12,13
the project region is non - attainment under
BK: 2,5,6,10,11
an applicable federal or state ambient air
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d)
Expose sensitive receptors to substantial
❑
❑
❑ El
NC /NR: 2 -6,
pollutant concentrations?
10,11,12,13
BK: 2.5,6.10.11
e)
Create objectionable odors affecting a
❑
❑
❑ 0
NC /NR: 2 -6,
substantial number of people?
10,11,12,13
BK: 2,5,6,10, f 1
IV.
BIOLOGICAL RESOURCES.
Would the project:
a)
Have a substantial adverse effect, either
❑
❑
❑ [a
NC/NR:
directly or through habitat modifications,
2,3,4,12,13
on any species identified as a candidate,
BK: 1,2
sensitive, or special status species in local
or regional plans, policies, or regulations
or by the California Dept. of Fish and
Game or U.S. Fish and Wildlife Service?
b)
Have a substantial adverse effect on any
❑
❑
❑
NC /NR:
riparian habitat or other sensitive natural
2.3,4,12,13
community identified in local or regional
BK: 1,2
plans, policies, regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
Newport Coasl/kidge/Bay Knolls Annexation
INITIAL STUDY
Page 6
3(" r
IMPACT CATEGORY
C) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impeded the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES.
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as
defined in §15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
C) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including
those interred outside of formal
cemeteries?
roienuauy
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES`
Impact Mitigation Impact
' See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
❑ 0 NC /NR:
2,3,4,12,13
BK: 1,2
0 NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ Q NC /NR:
2,3,4,12,13
BK: 1,2
❑ [] 0 NC /NR:
2,3,4,12,13
BK: 1,2
0 NC /NR:
2,3,4,12,13
BK: 1,2
0 NC /NR:
2,3,4,12,13
BK: 1,2
NC /NR:
2,3,4,12,13
BK: 1,2
[7j NC /NR:
2,3,4,12,13
BK: 1,2
Newport CoasURidgeBay Knolls Annexation
INITIAL STUDY
Page 7
Newport CoasuRidge/Bay Knolls Annexation
IM11AL STUDY
Page 9 �
IMPACT CATEGORY
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less than
Significant
Impact
Impact
SOURCES*
` See Source References at
the end of this
Checklist. "NC
/NR" refers to
a Newport
Coast and /or Newport Ridge source document, while "BK"
refers to a Bay
Knolls source document.
VI.
GEOLOGY AND SOILS.
Would the project:
a)
Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault,
❑
❑
❑
0
NC /NR:
as delineated on the most recent
2,3,4,12,13
Alquist - Priolo Earthquake Fault
BK: 1,2
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
ii) Strong seismic ground shaking?
❑
❑
❑
0
NC /NR:
2,3,4,12,13
BK: 1,2
iii) Seismic - related ground failure,
❑
❑
❑
0
NC /NR:
including liquefaction?
2,3,4,12,13
BK. 1,2
iv) Landslides?
❑
❑
❑
0
NC /NR:
2,3,4,8,12,13
BK: 1,2,8
b)
Result in substantial soil erosion or the
❑
❑
❑
0
NC /NR:
loss of topsoil?
2,3,4,8,12,13
BK: 1,2,8
C)
Be located on a geologic unit or soil that is
❑
❑
❑
0
NC /NR:
unstable, or that would become unstable
2,3,4,8,12,13
as a result of the project and potentially
BK: 1,2,8
result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d)
Be located on expansive soil, as defined in
❑
❑
❑
0
NC /NR:
Table 18- 1 -B of the Uniform Building
2,3,4,8,12,13
Code (1994), creating substantial risks to
BK: 1,2,8
life or property?
e)
Have soils incapable of adequately
❑
❑
❑
0
n/a
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
Newport CoasuRidge/Bay Knolls Annexation
IM11AL STUDY
Page 9 �
IMPACT CATEGORY
VII. HAZARDS & HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the public or
the environment through routine transport,
use, or disposal of hazardous materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
C) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one - quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites which
complied pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
e) For a project within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
rownnauy
Potentially Significant Less than No
Significant Unless Significant pact SOURCES`
Impact Mitigation Impact
See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
❑ ❑ Cl 0 NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ 21 NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ Q NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ Cl 0 NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ El NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ 0 n/a
❑ ❑ ❑ EJf NC /NR:
2,3,4,12,13
BK: 1,2
❑ ❑ ❑ Ef NC /NR:
2,3,4,12,13
BK: 1,2
Newport CoasMdgcMay Knolls Annerauon
INITIAL STUDY
Page 9
vIl
r°cen°auy
Potentially Significant Less than
Significant Unless Significant NO SOURCES'
Mitigation Impact
Impact Impact
IMPACT CATEGORY
See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
VIII. HYDROLOGY AND WATER QUALITY.
g) Place housing within a 100 -year flood ❑ ❑ ❑ NC /NR:
hazard area as mapped on a federal Flood 2,3,4,12,13
Hazard Boundary or Flood Insurance Rate BK. 1,2
Map or other flood hazard delineation
INIII 0 Vv,
Page 10
t,i��
Would the project:
a)
Violate any water quality standards or
❑ ❑ ❑ EI
NC /NR:
waste discharge requirements?
2,3,4,12,13
BK: 1,2
b)
Substantially deplete groundwater
❑ ❑ ❑ IZI
NC /NR:
supplies or interfere substantially with
2,3,4,12,13
groundwater recharge such that there
BK: 1,2
would be a net deficit in aquifer volume or
a lowering of the local groundwater table
level (e.g., the production rate of pre-
existing nearby wells would drop to a level
which would not support existing land
uses or planned uses for which permits
have been granted)?
C)
Substantially alter the existing drainage
❑ ❑ ❑
NC /NR:
pattern of the site or area, including
2,3,4,12,13
through the alteration of the course of a
BK: 1,2
stream or river, in a manner which would
result in substantial erosion or siltation on-
or off -site?
d)
Substantially alter the existing drainage
❑ Cl ❑
NC /NR:
pattern of the site or area, including
2,3,4,12,13
through the alteration of a course of a
BK: 1.2
stream or river, or substantially increase
the rate or amount of surface runoff in a
manner which would result in flooding on
or off -site?
e)
Create or contribute runoff water which
❑ ❑ ❑
NC /NR:
would exceed the capacity of existing or
2,3,4,12,13
planned stormwater drainage systems or
BK: 1,2
provide substantial additional sources of
polluted runoff?
f)
Otherwise substantially degrade water
❑ ❑ ❑
NC /NR:
quality?
2,3,4,12,13
BK: 1,2
g) Place housing within a 100 -year flood ❑ ❑ ❑ NC /NR:
hazard area as mapped on a federal Flood 2,3,4,12,13
Hazard Boundary or Flood Insurance Rate BK. 1,2
Map or other flood hazard delineation
INIII 0 Vv,
Page 10
t,i��
INI I IAL 51 UUT
Page I1
X13
IMPACT CATEGORY
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
SOURCES*
• See Source References at
the end of this
Checklist. "NC /NR" refers to
a Newport
Coast and /or Newport Ridge source document, while "BK"
refers to a Bay
Knolls source document.
h)
Place within a 100 -year flood hazard area
❑
❑
❑
0
NC /NR:
structures which would impede or redirect
2,3,4,12,13
flood flows?
BK: 1,2
i)
Expose people or structures to a
❑
❑
❑
0
NC /NR:
significant risk of loss, injury or death
2,3,4,12,13
involving flooding, including flooding as a
BK: 1,2
result of the failure of a levee or dam?
j)
Inundation by seiche, tsunami, or
❑
❑
❑
0
NC /NR:
mudflow?
2,3,4,12,13
BK: 1,2
IX.
LAND USE AND PLANNING.
Would the project:
a)
Physically divide an established
❑
❑
❑
0
NC /NR:
community?
2,3,4,12,13
BK: 1,2
b)
Conflict with any applicable land use plan,
❑
❑
0
❑
NC /NR:
policy, or regulation of an agency with
2-7,12,13
jurisdiction over the project (including, but
BK: 1,2,5,6,7
not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
C)
Conflict with any applicable habitat
❑
❑
❑
0
NC /NR:
conservation plan or natural community
2,3,4,12,13
conservation plan?
BK: 1,2
X.
MINERAL RESOURCES.
Would the project:
a)
Result in the loss of availability of a known
❑
❑
❑
0
NC /NR:
mineral resource that would be of value to
2,3,4,12,13
the region and the residents of the state?
BK: 1,2
b)
Result in the loss of availability of a
❑
❑
❑
0
NC /NR:
locally- important mineral resource
2,3,4,12,13
recovery site delineated on a local general
BK: 1,2
plan, specific plan, or other land use plan?
XI.
NOISE.
Would the project result in:
INI I IAL 51 UUT
Page I1
X13
Newpon Coa t(Ridge/Bay Knolls Annexation
INITIAL STUDY
Page 12
1`i
IMPACT CATEGORY
Potentially
Significant
Impact
ruxennany
Significant
Unless
Mitigation
Incorporated
Less than No
Significant pact
Impact
SOURCES'
_
° See Source References at
the end of this Checklist. "NC
/NR" refers to
a Newport
Coast and /or Newport Ridge source document, while "BK"
refers to a Bay
Knolls source document.
a)
Exposure of persons to or generation of
❑
❑
❑
NC /NR: 2,3,4,
noise levels in excess of standards
5,6,9,12,13
established in the local general plan or
BK: 1,2,5,6,9
noise ordinance, or applicable standards
of other agencies?
b)
Exposure of persons to or generation of
❑
❑
❑ 0
NC /NR: 23,4,
excessive groundborne vibration or
5,6,9,12,13
groundborne noise levels?
BK: 1,2,5,6,9
C)
A substantial permanent increase in
❑
❑
❑ Q
NC /NR: 23,4,
ambient noise levels in the project vicinity
5,6,12,13
above levels existing without the project?
BK: 1,2,5,6
d)
A substantial temporary or periodic
❑
❑
❑ Q
NC /NR: 2,3,4,
increase in ambient noise levels in the
5,6,12,13
project vicinity above levels existing
BK: 1,2,5,6
without the project?
e)
For a project located within an airport land
❑
❑
❑ 0
NC /NR: 2,3,4,
use land use plan or, where such a plan
5,6,12,13
has not been adopted, within two miles of
BK: 1,2,5,6
a public airport or public use airport, would
the project expose people residing or
working in the project area to excessive
noise levels?
f)
For a project within the vicinity of a private
❑
❑
❑ 10
n/a
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
X11.
POPULATION AND HOUSING.
Would the project:
a)
Induce substantial population growth in an
❑
❑
❑ 0
NC /NR: 2,3,4,
area, either directly (for example, by
5.61.2.5.6
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
b)
Displace substantial numbers of existing
❑
❑
❑ Q
NC /NR: 2,3,4,
housing, necessitating the construction of
5,6,12,13
replacement housing elsewhere?
BK: 1,2,5,6
c)
Displace substantial numbers of people,
❑
❑
❑ El
NC /NR: 2,3,4,
necessitating the construction of
5,6,12,13
replacement housing elsewhere?
BK: 1,2,5,6
Newpon Coa t(Ridge/Bay Knolls Annexation
INITIAL STUDY
Page 12
1`i
IMPACT CATEGORY
XIII. PUBLIC SERVICES
Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
government facilities, need for new or
physically altered government facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
following public services:
Fire protection?
Police protection?
Parks?
Schools?
Other public facilities?
XIV. RECREATION
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction of or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
roxenaany
Potentially Significant Less than No
Significant Unless Significant pact SOURCES'
Impact Mitigation Impact
' See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and/or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
❑
❑
0
❑
NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑
❑
0
❑
NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑
❑
❑
0
NC /NR:2,3,4,
5,6,12,13
BK: 1,25,6
❑ ❑ ❑ 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑ ❑ 0 ❑ NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑ ❑ ❑ 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑ ❑ ❑ 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
Newport CoasMdge/Bay Knolls Annexation
INITIAL STUDY
PagLe, 13 X
LIJ /��
votentlany
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES"
IMPACT CATEGORY Impact Mitigation Impact
Incorporated _
See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
XV. TRANSPORTATION/TRAFFIC
Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system
(i.e., result in a substantial increase in
either the number of vehicle trips, the
volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed either individually or cumulatively,
a level of service standard established by
the county congestion management
agency for designated roads or highways?
C) Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
D Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative trans-
portation (e.g., bus turnouts, bike racks)?
XVI. UTILITIES & SERVICE SYSTEMS
Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board?
0 0 0 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0 0 0 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0 0 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0 0 0 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0
0
0
0
NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0
0
0
0
NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
❑
❑
0
0
NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
0 0 0 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
Newport CoastMdgeBay Knolls Annexation
INITIAL STUDY
Page 14
tab
IMPACT CATEGORY
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES*
Impact Mitigation Impact
See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
❑ ❑ ❑ 0 NC /NR:2,3,4,
5,6,12,13
BK: 1,2,5,6
C) Require or result in the construction of ❑ ❑ ❑
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to ❑ ❑ ❑ p
serve the project from existing
entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the ❑
wastewater treatment provider, which
serves or may serve the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient ❑
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local ❑
statutes and regulation related to solid
waste?
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to ❑
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major period of California
history or prehistory?
0
0
❑ 0
❑ 0
NC /NR: 2,3,4,
5,6,12,13
BK: 1,2,5,6
NC /NR: 2,3,4,
5,6,12,13
BK: 1,25,6
NC /NR: 2,3,4,
5,6,12,13
BK: 1,2,5,6
NC /NR: 2,3,4,
5,6,12,13
BK: 1,2,5,6
NC /NR: 2,3,4,
5,6,12,13
BK: 1,2,5,6
1 -13
Newport CoasMdge/Bay Knolls Annexation
INITIAL STUDY
Page 155.
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES*
IMPACT CATEGORY Impact Mitigation Impact
` See Source References at the end of this Checklist. "NC /NR" refers to
a Newport Coast and /or Newport Ridge source document, while "BK"
refers to a Bay Knolls source document.
b) Does the project have impacts that are ❑ ❑ ❑ 1 -13
individually limited, but cumulatively con-
siderable? ( "Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable future
projects.)
C) Does the project have environmental ❑ ❑ ❑ 1 -13
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
XVIII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration (Section 15063(c)(3)(D)). For the present annexation project, no significant impacts
have been identified. Therefore, all earlier analyses are listed under Source References, below.
XIX. SOURCE REFERENCES.
Documents listed below are available at the offices of the City of Newport Beach, Planning
Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1
denotes a physical inspection and therefore is not in the form of a written document).
1. Site tours of annexation areas by Larry Lawrence, project manager for City of Newport
2. Report to Newport Beach City Council re Initiation of Annexation Proceedings, by David
Kiff, Deputy City Manager, October 25, 1999.
3. Newport Coast Local Coastal Program, Second Amendment, County of Orange, Dec. 3,
1996.
4. Newport Ridge Planned Community Program, County of Orange, March 1998
5. Final Program EIR — City of Newport Beach General Plan.
6. General Plan, including all Elements, City of Newport Beach.
7. Zoning Code, Title 20 of the Newport Beach Municipal Code.
Newport Cowt/RidgeBay Molls Annexation
INITIAL STUDY
Page 16
X!
8. City Excavation and Grading Code, Newport Beach Municipal Code.
9. Community Noise Ordinance, Chapter 10.28 of the Newport Beach Municipal Code.
10. Air Quality Management Plan, South Coast Air Quality Management District, 1997.
11. Air Quality Management Plan E1R, South Coast Air Quality Management District, 1997.
12. DE1R No. 569, Newport Coast Phase IV -3 and /V - -4, County of Orange, May 1998.
13. FEIR No. 517, San Joaquin Hills Planned Community (Newport Ridge), County of Orange,
February 1991.
B. EXPLANATION OF CHECKLIST RESPONSES:
In all cases, the selection of the Checklist response was the product of the data sources listed above,
followed by careful consideration of potential impacts from the project under the definitions and
procedures of the California Environmental Quality Act (CEQA) Statute and Guidelines.
No potentially significant impacts were found. "No Impact" and "No Significant Impact" responses
were given in all categories because the change in jurisdiction from the County of Orange or the
City of Costa Mesa to the City of Newport Beach will not result in any environmental effect In the
Newport Coast/Ridge area, any impacts on air quality, biological resources, water quality, or other
categories are a result of previously- approved land use and development plans which will not
change as a result of the change in jurisdiction. (Such impacts have been analyzed in previous
environmental impact reports available for inspection at the County of Orange.) In the Bay Knolls
area, virtually all land is developed and there will be no significant environmental impacts from the
change in jurisdiction. The following sections contain further explanations of responses in the areas
of Land Use and Planning and Public Services:
LAND USE AND PLANNING:
The City of Newport Beach General Plan and Zoning Code /Map must be amended to provide land use
designations and zoning regulations for the two annexation areas, as follows:
1. For the Newport Ridge area, the General Plan must be amended to add the area to the Plan, and
the Zoning Code /Map amended to designate the Newport Ridge Planned Community Program as
the zoning document for the area.
2. For the Newport Coast area, the Land Use Plan from the Newport Coast Local Coastal Program,
Second Amendment, must be designated as the land use policy document for the area and the
LCP's Implementing Actions Program must be designated as the zoning document for the area.
3. For the Bay Knolls area, the area must be added to the General Plan and Zoning Map and
designated as Single Family Residential.
The above actions have been incorporated as part of the overall annexation description for this
project (see page 1 of this Initial Study). Therefore, the current land use and zoning regulations
previously- adopted under the County will remain unchanged. Thus, in terms of land use and
planning, the net result of the annexation will be a less than significant impact.
Newport Coast/l idgeBay Knolls Annexation
INITIAL STUDY
Page 17
• PUBLIC SERVICES:
1. For all annexation areas, fire protection services will transfer from the Orange County Fire
Authority to the Newport Beach Fire and Marine Department and police services will transfer from
the Orange County Sheriff to the Newport Beach Police Department. The City's Plans of Service
for the two annexation areas provides for the maintenance or improvement of existing levels of
service for both fire and police protection.
2. Other public services and facilities, such as administrative, recreation, code enforcement,
planning, public works and others will remain unchanged or possibly improve because of. the
closer proximity of City offices and facilities to the two annexation areas than is now the case
under County jurisdiction.
From the above information, the net effect on public services from the annexation will be a less than
significant impact.
Newport CoasMdgeBay Knolls Annexation
INITIAL STUDY
Page 18,
yr
MAPS OF ANNEXATION AREAS
Newport
Coast & Ridge
p jj -
! Newport Coast/Ridge
Annexation Area
Crystal Cove State Park
"C J� City of Newport Beach
Boundary
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Abk A`�ir�i 4'�'����LY•�•�}( i
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S
Newport CoasNiidgeBay Knolls Annexation
IMTL4.L STUDY
Page 19 , ;y
Proposed Annexation Area
Detach from Costa Mesa,
Annex to Newport Beach
City of Newport Beach
Boundary
v
w— e
1
S
Say Knolls
�e
Newport CoasMdge(Bay Knolls Annexation
INITIAL STUDY
Page 20
4 b irw. -2�
City of Newport Beach
Planning Commission Minutes
April 13, 2000
INDEX
SUBJECT: Annexation of Bay Knolls Area
Item No. 1
General Plan Amendment, Prezoning Amendment, sphere of influence
Moved to
change, detachments, necessary to complete annexation of the Bay Knolls
Recommend to City
area to the City
Council
Planning Director Temple commented that, as noted in the staff report, the
proposed General Plan and zoning amendments are intended to
accommodate the annexation of the Bay Knolls Area to the City of Newport
Beach. Currently the area is either within the corporate boundaries of Costa
Mesa or within that city's sphere of influence. The zoning regulations
represent a hybrid of Costa Mesa and Orange County zoning and is intended
to minimize the number of legal non - conforming created as a result of the
zone change.
Ms. Temple noted that staff would recommend one modification to the
proposed development standards for this annexation area. Costa Mesa and
the County of Orange do not utilize Newport Beach's average roof height
interpretation for the purposes of measuring the height of buildings. Since
staff is suggesting approving a 35 foot height limit, which is substantially higher
than Newport Beach's typical R -1 residential zoning, staff suggests that the
zoning limitation include a note: "That this is a maximum limitation, and the
average roof height in the Zoning Code Regulations does not apply in this
overlay district.
Ms. Temple introduced Mr. Dave Kiff, Newport Beach Deputy City Manager,
who is the project manager for the annexation project.
At Commissioner inquiry, Mr. Kiff explained the largest portion of the territory
seeking annexation is in the unincorporated area. There are two areas that
are actually a detachment from the City of Costa Mesa. Mr. Kiff commented
that the area that goes farthest to the west to Santa Ana between Santa
Isabelle and 22nd Streets is not included in the annexation because part of it is
unincorporated, and there may be a small portion that is in the City of Costa
Mesa. Mr. Kiff commented that the City of Newport Beach and the City of
Costa Mesa staffs met with their respective Fire and Police personnel and
they believe that it is most appropriate not to have people on opposite sides
of the street residing in different jurisdictions. Mr. Kiff stated that is why the
map for Bay Knolls goes down property lines and not down streets. This is due
to Fire and Police issues.
Commissioner Ashley commented that that there would be a gap between
the area to be annexed and Santa Ana Avenue, which will be running
North /South, which makes it difficult for the County to administer services that
would be equal to the quality the people would expect. Mr. Kiff responded
that the City of Costa Mesa is processing an annexation concurrent with the
A
` e' a•
City of Newport Beach
Planning Commission Minutes
April 13, 2000
INDEX
City of Newport Beach that would pick -up the
unincorporated area at the same time.
Commissioner Gifford asked when the staffs of the two cities sat down
together, what was the arrangement for community input? Mr. Kiff
commented that they did not invite members of the community at that level
of discussion. Members of the community typically have an opportunity to
comment from here forward. Mr. Kiff reminded that, at this step, they have
not filed an application with LAFCO but once they do, LAFCO holds a
hearing that is noticed to everyone in the affected area. Mr. Kiff commented
that this hearing today is noticed as well, and when the proposal goes to the
City Council, that will also be noticed. A fourth hearing occurs after the
LAFCO hearing, it comes back to the City Council for discussion. Mr. Kiff
offered that, at any time in the process, most specifically at the LAFCO time,
LAFCO could adjust the boundaries based on citizen input.
At Commissioner request, Mr. Kiff commented that it is his understanding that
the Planning Commission's role is to comment on the appropriateness of the
General Plan Amendment and the zoning. The decision as to boundaries is
made by the City Council when it adopts a Resolution of Intention to file and
by LAFCO. LAFCO is truly the governing body that determines if the
boundaries are correct.
Public hearing opened.
Public hearing closed.
Commissioner Gifford noted for the record that the Commissioners received a
hand - delivered package from the greater Bay Knolls Area homeowners
dated April 15, 2000.
Commissioner Gifford commented that, as she reviewed the report, rather
than have a lot of qualifications as to how they would modify the 35 -foot
height limit that is being suggested and adopting a combination of County
and Costa Mesa City zoning provisions, it would be more efficient to bring
these homes in under the City of Newport Beach's zoning code, so that they
would become legal, non - conforming. Otherwise they are going to be legal,
non - conforming with respect with one or two specific aspects of the
proposed overlay. It might be more efficient to come in under a regular
zoning code and it would give certain options to have different kinds of
setbacks.
Commissioner Ashley noted that his understanding is that the City of Costa
Mesa has permitted a 35 -foot height limit where the City of Newport Beach
restricts the heights of single family homes to 29 -feet. Also, if the City of
Newport Beach were restrict them to their code requirements it would mean
that a lot of them would be non - conforming uses under the City of Newport
Lew a
City of Newport Beach
Planning Commission Minutes
April 13, 2000 INDEX
Beach's code. Ms. Temple commented that would be the case. Also in
response to Commissioner Ashley's question, the 24 -foot height limit is only in
the R -1 and R -2 Districts within the City. Ms. Temple noted that all of the
Residential Planned Community Districts have a height limit of 32 -feet with
ability to average the height of the roof. The 24 -foot height limitation for
single family is not a universal standard within the City.
Commissioner Selich commented that the City is considering annexing other
areas in the area between Costa Mesa and Newport Beach, which is already
built -out such as Santa Ana Heights. Ms. Temple responded that the Santa
Ana area is the part of Santa Ana Heights almost totally surrounded by the
City of Newport Beach and is easterly of Irvine Avenue. Commissioner Selich
asked how the City is planning to handle the zoning there and if the City is
considering Newport Coast, how will the zoning be handled there?
Commissioner Selich commented to be consistent they need to consider how
they will handle all the annexations the City is pursuing. Ms. Temple
responded the County of Orange adopted a Specific Plan for the Santa Ana
Heights area at the time of the Airport land use compatibility plan. At that
time, the City also adopted as pre- annexation zoning a Specific Plan that
paralleled the County's Land Use Plan and Development Standards. That has
been an un- codified ordinance on the books for many years. The City is
currently revising the specific plan that we have already adopted to do two
things. One is to bring it into the format of the new Zoning Code and the
second, incorporate certain amendments that the County has processed in
that area over the years. For clarification Commissioner Selich asked, in
essence Santa Ana Heights is going to have its own Zoning District through the
Specific Plan and their standards will be different than the rest of City's R -1
standards because the are in that Specific Plan? Ms. Temple responded that
that is correct and they are also consistent with the County's Plan as it stands
today.
Ms. Temple commented, in terms of Newport Coast /Newport Ridge, the
zoning for those areas under the County of Orange is comprised of two
Planned Community texts of which both were processed by The Irvine
Company. The current consideration would be that these Planned
Community texts would be adopted in whole with no modification by the City
of Newport Beach. Ms. Temple explained that is a very unique circumstance
because as part of the negotiation for that annexation, the City is also
considering a joint powers arrangement, which would provide that the
County of Orange would remain the land use authority in that area until all of
the properties are built. The City of Newport Beach would not be receiving
local land use authority. Commissioner Selich asked if they are annexed by
the City they would be governed by PC text and not by the City's standard
zoning districts? Ms. Temple responded that is correct and that they would
have little ability to make modifications to those planned community texts as
adopted by the County of Orange.
4
City of Newport Beach
Planning Commission Minutes
April 13, 2000 INDEX
Commissioner Kiser noted his understanding that combining the Orange
County and Costa Mesa standards was something that worked for Bay Knolls
because of the larger size of the lots in that area. Commissioner Kiser asked if
we applied the City's zoning would it give unworkable calculations in floor
area ratios, setbacks, etc. Ms. Temple explained that it would not be
unworkable but the differences would be:
In terms of maximum amount of building floor area you could substantially
have more under these regulations because the City's zoning district is a
two times the buildable area of the site. This limits the maximum
coverage as well as the number of stories.
Front yard setback - while they are the some in the R -1 District of 20 -feet,
the City's standard rear yard set back is 10 -feet, and on these lots our side
yard setback would be 4 -feet. Both of which are much less than under
this proposal. A larger footprint and two times the buildable width would
be allowed and they could possibly result in larger buildings being built.
However, they could not be built as tall under these regulations.
Commissioner Kiser asked staff in their analysis, if the configuration of the lots
are what is required in order to make future improvements in the area? Ms.
Temple responded it depends on what the City is trying to achieve. If
conformity with R -1 standard is important and the height limit is important,
and the other potential consequences of reduced setbacks and increased
floor area are acceptable, you could go in the other direction. Additionally if
there is a little consideration of legal non- conformities, it would be an
interesting question as to whether a larger residence size would out weight
the maintenance of non - conformities.
Commissioner Gifford expressed concerned that these properties are coming
into the City and on the other side of Irvine Avenue there are properties that
have lot sizes that are slightly different but have the some look and feel of
community and it seems divisive to have a different standard. Commissioner
Gifford commented if the other Commissioners are satisfied that the overlay
district is what appropriate she would go along with it.
Commissioner Selich commented that on the one hand the staff developed
the regulations that would minimize the number of instances of legal non-
conformity, which is good. But on the other hand, looking at the intersection
of Tustin and 23rd Street, the lots on the other side of the sheet are similar in
size, shape and types of structures but we will have two sets of zoning
regulations applying to those lots. Commissioner Selich asked if the area on
the Newport Beach side of Tustin Avenue was in the County at onetime and
subdivided as it is then the City annexed it and put City zoning on it? Or was
it all developed under City zoning from the start? Ms. Temple responded that
she did not know. Additionally, in the Westcliff area, the property is not zoned
5
City of Newport Beach
Planning Commission Minutes
April 13, 2000 INDEX
R -1 in most Instances, they are R -1 -B. They are in one of the overlay districts.
Commissioner Selich asked if there are different B overlays through the
Westcliff area or just one B overlay. Ms. Temple commented that she thought
most of them are R -1 -B.
Commissioner Gifford commented that they are dealing with an area that is
not coherent as an area with a PC text. The boundaries do not take into
account the differences of one type of community to another. Commissioner
Gifford asked staff what would a R -1 -13 look like if they went down the chart?
Commissioner Ashley commented, for example, if they wanted to apply R-1 -B
to this area so that it would conform to City of Newport Beach development
standards, it might make the units non - conforming. Under our zoning laws,
any non - conforming structures could still be added to or changed so as a
result, it does not remain static. Commissioner Selich felt it would be a burden
to take that many single family homes and put them in a position of being
legal non - conforming when we use the overlay in other areas but could see
both sides of the argument.
Commissioner Ashley commented that he thought the staff prepared a very
good proposal for the Commissioners and they have considered all of these
things and would be prepared to support the staff.
In response to Commissioner Gifford's question, Ms. Temple explained the
following development standards:
• B District - 6,000 square feet minimum lot area, 20 -feet front yard setback,
6-feet rear and side yard setback, with 60 percent coverage.
• B -1 - 7500 square feet of lot area, 15 -foot front yard setback, 7 -foot rear
and side yard setback.
• B -2 - 10,000 square foot lot, 15- foot front yard setback, 10- foot rear and
side yard setback, with 60 percent coverage.
• B -3 - 20,000 square foot lot - 15 -foot front yard, 10 -foot side and rear
yards, 60 percent coverage.
• B-4 - In text but a modification of development standards.
Motion was made by Commissioner Ashley to recommend to City Council
approval of General Plan Amendment 99 -3A and Zoning Amendment 901
providing for annexation of the Bay Knoll Area.
Ayes: Kiser, Ashley, Selich, Gifford, and Tucker
Noes: None
Absent: Kranzley
t, e.
,w
City of Newport Beach
Planning Commission Minutes
April 13, 2000
Abstain:
SUBJECT:
None
Palm Garden
630 Newport Center Drive
Use Permit No. 3555 Amended
A request to convert the former Twin Palms Restaurant site to a multi - purpose
assembly facility. The proposal requires parking waiver.
Senior Planner, James Campbell, commented that this application is for a use
permit to reuse the old Twin Palms restaurant. The applicant, Martin Potts and
Associates, is processing the application on behalf of the Four Seasons Hotel.
The former use of the property was a restaurant and there have been a
significant number of complaints for noise over the years. Subsequently the
City did some enforcement activities but the restaurant has closed down.
The Four Seasons hotel would like to expand their banquet activities in this
space.
Ms. Temple commented that it would be appropriate to tighten up a couple
of the conditions. The conditions have not been reviewed with the applicant
and Ms. Temple suggested giving the applicant a few minutes to consider
them.
The first would be an addition to Condition No. 1, which requires the
development to be in substantial conformance with the site and floor
plans and also any increase in the assembly area would be subject to
approval of the use permit.
Ms. Temple stated, in order to assure there remains an ongoing
amelioration of the previous noise issues that any change from a use as
accessory to the adjoining hotel shall also be subject to approval of the
use permit.
In item no. 4, a clarification of exactly what the approval is for, alter the
word restaurant to a banquet and meeting facility as opposed to a
restaurant to clearly indicate that is its intended use and not as a
separate free - standing restaurant for the Four Seasons Hotel.
Commissioner Gifford asked what kind of technical interpretation could be
made of Condition No. 3. Because the facility is not entirely enclosed, how
would they interpret outdoor? Ms. Temple responded she would interpret it as
anything installed outside the tent on the exterior of the structure.
Commissioner Kiser referred to the staff report at the top of page 4 and asked
how this proposed use of the facility is very different from what we have in the
City. Ms. Temple responded the City has parking requirements for eating and
INDEX
Item No. 2
Approved with
Conditions
J