Loading...
HomeMy WebLinkAbout23 - Bonita Canyon (The Irvine Company, Applicant)CITY OF NEW► _ A.T BEACH COMMUNITY AND ECONOMIC: DEVELOPMENT ~ PLANNING DEPARTMENT u r 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644-3200; FAX (714) 644-3250 SUBJECT: SUMMARY: ACTION: Background a� q_q CEs Hearing "ate: Agenda Item No.: Staff Person: 1.01 0 Bonita Canyon (The Irvine Company, Applicant) November 10, 1997 23 Patricia L. Temple 644-3200 CI F Y OF NEWPCRf BEACH ENOW 1 01997 -� on-eP q7`335 Amendments to the General Plan, a pre -zone amendment, aJ Planned' 97 -�b Community District development plan, and a development agreement for the Bonita Canyon area (formerly Bonita Village) to establish pre- annexation entitlements in association with the proposed detachment of this area from the City of Irvine and annexation to the City of Newport Beach. 1. Adopt Resolution Noql-?�, approving General Plan Amendment 97-2 (Land Use Element), 2. Adopt Resolution Nod/ 7-7, approving General Plan Amendment 97-2 (Recreation and Open Space Element), 3. Adopt Resolution No.7?-I�, approving General Plan Amendment 97-2 (Circulation Element), 4. Adopt Ordinance No. 97-34, approving Amendment 865, 5. Adopt Ordinance No. 97-3 5, approving Development Agreement 11, 6. Adopt Resolution No 117-7`1 , a Resolution of Application with LAFCO for the Bonita Canyon area, and 7. Adopt Resolution No9-7-W0 , a Property Tax Exchange Resolution for the City of Newport Beach. On October 23`d, the Planning Commission recommended approval of the general plan amendment, zoning amendment, and development agreement, as the pre -annexation entitlement for the Bonita Canyon area. On October 27`h, the City Council conducted a public hearing and introduced the Ordinances for the zoning amendment and development agreement, and passed the matter to second reading on November 10, 1997. To begin annexation proceedings for Bonita Canyon, an application will need to be filed with the Local Agency Formation Commission (LAFCO). To initiate an application, one or more of the affected agencies must file a Resolution of Application with LAFCO. The City of Irvine approved their Resolution of Application, as well as a Resolution for Property Tax Exchange on October 14'h. Attached is the necessary Resolution of Application and the Property Tax Exchange Resolution for the City of Newport Beach. Additional Information The following information is provided in response to testimony received by the City Council at the October 27`h hearing. Traffic Studies and Required Miti ation Traffic Issues Related to School District Boundary Change Staff has reviewed the potential for changes to over-all traffic patterns which may occur on the arterial roadway system from the alteration to the boundary between the Irvine Unified School District and the Newport Mesa Unified School District, and the re -opening of Eastbluff School. It is the opinion of staff that the Newport Beach Traffic Model validates that the City's circulation system will not be significantly affected by these changes. Schools are one of many land uses included in the Traffic Model data base. The traffic model does not distribute trips to schools based upon school district boundaries. Rather, it uses a complex system of allocating traffic based upon access, location, congestion and proximity. Therefore, since the schools in the Newport Beach area are situated in the most convenient location to the student population, the traffic model has already included trips associated with the students which are generated from the Bonita Village area. More specific and localized modeling of the area in relation to the reopening of Eastbluff Elementary School would be speculative since the actual student service area for this school has not yet been identified. In terms of more localized impacts in the Eastbluff neighborhood, staff is of the opinion that, on an overall basis, school related traffic is not likely to be worsened, for the following reasons: • Public elementary students from this neighborhood currently attend Lincoln school. Reopening of the public school in the neighborhood will reduce trips from within Eastbluff to Lincoln. This should offset additional traffic from new students outside the area attending the elementary and high schools. • The existing private school, which draws students from both inside and outside the Eastbluff area, will be relocated or eliminated, thereby eliminating traffic associated with its operation. • The City has indicated a willingness to consider and implement traffic control features to minimize or eliminate pass through traffic which results from school and other traffic in Eastbluff, including: • no Bison cross traffic across Jamboree, • no left -turn onto Bison from Jamboree into Eastbluff, • Bison eastbound traffic allowed to make right and left turns onto Jamboree, • right turn onto Bison allowed from southbound Jamboree, • no left turn onto Cacoa from southbound Eastbluff Drive into Eastbluff, and Bonita Canyon -Supplemental November 10, 1997 Page 2 • for the hours of 7:30 AM to 9:00 AM on schooldays, no right turn into Alba Avenue from northbound Eastbluff Drive. It was the initial direction of the City Council to refer the proposed changes to the local circulation system in the Eastbluff area to the Traffic Affairs Committee. However, after meeting with residents, staff believes that the City Council Public Works Committee may provide a better forum to resolve the issues surrounding these proposals. The City Council may also wish to empower the Public Works Committee to take action on the Council's behalf, in order to expeditiously implement agreed to changes. Mitigation Required at Jamboree and Ford Roads Several comments were made at the last meeting in regards to the mitigation measures identified in the traffic studies, and the need for implementation in association with this project, specifically, the need to implement an intersection improvement at Jamboree Road and Ford Road. As stated in the previous report, the Newport Beach Traffic Model indicates that improvements to this intersection are warranted in the long term development scenario, but are not shown to be necessary in the development timeline associated with the Bonita Canyon development. Therefore, were a traffic study to be prepared pursuant to the City's Traffic Phasing Ordinance, no improvement would be required at this intersection. The Public Works Department is of the opinion that there are a number of options to address long term capacity issues, and that the City's ability to make any necessary improvement is preserved in the City's Fair Share Traffic Contribution program. It should also be noted that the City's Traffic Model assumes a much higher amount of development in the Bonita Canyon area than either being considered here or as approved by the City of Irvine. City's Prior Comments on Project Environmental Impact Report Many commentators pointed to issues raised by Planning and Public Works Department staff during the environmental review process. Many of these comments were made in light of the potential development being considered at that time, which was significantly greater than the entitlement being accommodated in the City pre -annexation zoning actions. Therefore, comments related to issues such as the analytical area for the traffic analysis are not considered relevant at this time. Additionally, the City of Irvine prepared comprehensive responses to most of the City's comments. City Process for Designing and Approving a Park Design The process to design a new City park is managed by the Public Works Department. After the retention of a consulting landscape architect the first step is to establish the parameters under which a preliminary plan would be developed. To define these parameters, the Public Works Department staff would meet with the interested parties, most particularly the Parks, Beaches and Recreation Commission and surrounding homeowners associations, but. also including any special interest groups, such as representatives of youth sports leagues. After the particular needs Bonita Canyon -Supplemental November 10, 1997 Page 3 and concerns are identified (such as access, parking, and the type of sports facilities), the consulting landscape architect will prepare a preliminary plan, which then will be reviewed by the P.,B.&R. Commission and interested parties. Once a plan is agreed upon, the Public Works Department will prepare cost estimates and identify potential funding sources. The package would then be transmitted to the P.,B.&R. Commission for public hearings and recommendation to the City Council. The City Council would also review and hold hearings on the package, identify the funding source and direct the Public Works Department to have construction plans and specifications prepared. Once completed, the project would be put out to bid, and would ultimately return to the City Council for the award of contract. The typical time frame from conceptual planning to opening the park for use is two to three years. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICIA L. TEMPLE Planning Director Attachments: 1. Draft Resolution of Application with LAFCO for the Bonita Canyon Area 2. Draft Resolution for Property Tax Exchange for the City of Newport Beach Bonita Canyon -Supplemental November 10, 1997 Page 4 Q RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN APPLICATION FOR A REORGANIZATION TO INCLUDE A SPHERE OF INFLUENCE AMENDMENT AND THE ANNEXATION OF TERRITORY ALONG THE CITY'S EASTERLY BOUNDARY WITH THE CITY OF IRVINE (PLANNING AREA 26A - BONITA CANYON) WHEREAS, the City Council of the City of Newport Beach on its own motion has initiated preliminary proceedings for the reorganization of certain uninhabited territory known as Bonita Canyon described in Exhibit A and attached hereto and incorporated by the reference; and WHEREAS, Bonita Canyon is within the City of Irvine Sphere of Influence and is a part of City of Irvine incorporated territory; and WHEREAS, the City of Irvine has indicated its willingness to detach the territory and will jointly submit an application with the City of Newport Beach to the Local Agency Formation Commission; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the previously certified Environmental Impact Report (EIR) (State Clearinghouse Number 95091032) prepared for Planning Area 26 Bonita Village Zone Change (Bonita Canyon) with technical addendum is adequate to serve the environmental document for this project; and WHEREAS, the City Council of the City of Newport Beach has considered information presented by the City Manager, Newport Beach Planning Commission, City of Irvine, The Irvine Company, and other interested parties at a public hearing held on October 27 and November 11, 1997; NOW, THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: Section 1. The proposal for detachment of Bonita Canyon from the City of Irvine and annexation of the same to the City of Newport Beach is made pursuant to Part 3, Chapter 1 of the Cortese -Knox Local Government Reorganization Act of 1985. Section 2. The proposed change of organization consists of the detachment of approximately 340 acres from the City of Irvine with annexation to the City of Newport Beach as shown on Attachment A. Section 3. The proposed changes of organization are made for the purpose of establishing the Cities of Irvine and Newport Beach ultimate boundary along the San Joaquin Hills Transportation Corridor between MacArthur Boulevard and Bonita Canyon Road. Section 4. The proposal will result in a change to the City's Sphere of Influence. The City of Newport Beach's Sphere of Influence will be increased by approximately 340 acres. Section 5. The application for change of organization is submitted by the City Council of the City of Newport Beach. Section 6. The Local Agency Formation Commission is hereby requested to undertake reorganization proceedings in the manner provided by the Cortese -Knox Local Government Reorganization Act of 1985. PASSED AND ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the day of , MAYOR ATTEST: CITY CLERK RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AGREEING TO AN EXCHANGE RATE OF 100010 OF THE PROPERTY TAXES TO THE CITY OF NEWPORT BEACH FOR THE ANNEXATION OF BONITA CANYON WHEREAS, pursuant to the provisions of the Cortese -Knox Local Government Reorganization Act of 1985, proceedings will be initiated by the City of Newport Beach to annex territory situated in the City of Irvine, State of California, herein designated as "Bonita Canyon Reorganization" and described more particularly in Attachment "A" attached hereto and incorporated herein by this reference; and WHEREAS, the City of Newport Beach concurs that the tax revenues accruing for the area detached from the City of Irvine and annexed to the City of Newport Beach will be allocated in total to the City of Newport Beach; and WHEREAS, the City Council held public hearings on October 27, 1997, and November 10, 1997, to hear testimony of the City Manager and Planning Department staff, the land owner, and concerned citizens. NOW, THEREFORE the City Council of the City of Newport Beach does hereby resolve as follows: That pursuant to the Revenue and Taxation Code Section _ 99(b) regarding jurisdictional changes with respect to adjustments in allocation of property taxes, the City of Newport Beach requests that one hundred percent (100%) of property tax revenues for the area detached from the City of Irvine and annexed to the City of Newport Beach be allocated in total to the City of Newport Beach. (" THIS RESOLUTION WAS ADOPTED by the City Council of the City of Newport Beach at a regular meeting held on the day of , MAYOR ATTEST: CITY CLERK ORDINANCE 97-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY (Development Agreement 11) The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows: SECTION 1. The City council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to the comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California government Code Section 65864 et seq. Authorizes cities to enter into development agreements with any person having a legal or equitable interest in property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal code provides requirements and procedures for the amendment of development agreements; and e. The Annexation and Development Agreement has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider the Annexation and Development Agreement; and g. The Planning Commission finds that the Annexation and Development Agreement in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and Ord 97-35 h. The Planning Commission finds that said Annexation and Development Agreement is in conformance with the Newport Beach General Plan, as proposed by accompanying General Plan Amendment No. 97-2; and I. The adoption of the Annexation and Development Agreement will not preclude the City from conducting future discretionary reviews in connection with the project, nor would it prevent the City from imposing conditions or requirements to mitigate significant impacts identified in such reviews provided that the measures do not render the project infeasible. SECTION 2. Annexation and Development Agreement (Development Agreement No. 11) is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said the Annexation and Development Agreement are on file in the offices of the City Clerk and the Planning Department of the City of Newport Beach. SECTION 4. The Mayor shall sign and the City Council 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. SECTION 5. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of October 1997, and was adopted on the 10th day of November 1997, by the following vote, to wit: CITY CLERK AYES, COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS. GLOVER. NOYES. MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES MA R