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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 14, 2017
Agenda Item No. 18
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: James Campbell, Deputy Community Development Director
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: General Plan Update Process (PA2017-141)
ABSTRACT:
The City is about to embark on a comprehensive update to its General Plan (GP). In the
last decade, extensive development has occurred throughout the City in conformance to
the 2006 General Plan. Given the amount of development, it is important to review the
GP and possibly update it to reflect the community's vision of the future. A very important
part of the update process is to gain input from the residents, property owners, and the
many stakeholders throughout the City. Outlined in this staff report is a collaborative
process of updating the GP by the use resident based committees, a work plan that
includes the use of outside consultants, and an overall project schedule.
RECOMMENDATION:
a) Determine the recommended action exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3 because the
recommended action has no potential to have a significant effect on the environment;
b) Initiate the General Plan update process;
c) Adopt Resolution No. 2017-73, A Resolution of the City Council of the City of Newport
Beach, California, Establishing the General Plan Steering Committee (Steering
Committee) and General Plan Advisory Committee (GPAC) to Assist in a
Comprehensive Review and Update of the General Plan;
d) Authorize the Mayor to appoint the following members to the Steering Committee: City
Council Members William O'Neill and Jeff Herdman, and former Mayor Nancy
Gardner, and appoint a chairperson; and
e) Authorize the City Clerk to begin accepting applications for the GPAC, and forward
the applications for review by the Steering Committee.
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General Plan Update Process (PA2017-141)
November 14, 2017
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FUNDING REQUIREMENTS:
The adopted budget includes $1,000,000 for the current fiscal year ending June 30, 2018.
Expenses would be charged to the Capital Improvement Program, General Plan Update,
account 01201928-980000. Staff anticipates requesting an additional $1,000,000 during
future budget adoption processes.
DISCUSSION:
What is a general plan?
A general plan is the framework for decision-making regarding the management and
growth of a city. It is a blueprint for our City providing goals and policies to guide the City
to achieve the community's future vision. State law mandates that every California city
and county adopt "a comprehensive, long-term general plan." The Newport Beach
General Plan includes ten elements consisting of the following:
• Land Use • Housing • Historical Resources • Safety • Harbor and Bay
• Circulation • Recreation • Natural Resources • Noise • Arts & Culture
Background
In July 2006, the City replaced its then 28 -year old General Plan establishing a policy
blueprint with a planning horizon until year 2025. In November 2006, consistent with
Charter Section 423, the electorate voted to amend the Land Use Element of the new
General Plan increasing residential dwelling units, and decreasing both non-residential
square footage and peak hour traffic.
State law encourages cities and counties to periodically review the various elements of
their general plans to ensure they are both current and reflect the community's vision and
goals. Changes in state law also require updates to the Circulation and Safety Elements
and the City must now include policies related to environmental justice. Most recently, the
City went through the process of updating the Land Use Element in 2014; however, the
electorate did not approve the resulting increases in density, intensity, and peak hour
traffic. The outcomes of several recent development projects suggest the community's
vision might need to be re-examined and possibly refreshed. These factors, as well as
the progress over the past eleven years, supported the City Council's decision to budget
$1,000,000 this fiscal year to start the process.
General Plan Steering Committee
Staff recommends the formation of a three-person Steering Committee to help guide the
process. The Steering Committee would be subject to the Brown Act. The Steering
Committee will be comprised of two City Council members and one at -large member who
is not a City Council member. The Mayor will make member appointments; name a
chairperson and the City Council would review and approve them. The Steering
Committee will have the following responsibilities:
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General Plan Update Process (PA2017-141)
November 14, 2017
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1. Receive direction from the City Council;
2. Provide direction to the GPAC regarding the General Plan update;
3. Present progress updates to the City Council;
4. Make recommendations to the City Council for membership changes to the GPAC;
5. Review membership applications for the GPAC and make a recommendation to
the City Council on GPAC membership composition;
6. Assist staff by performing duties, which include, but are not limited to the following:
a. Provide guidance and recommendations to City staff;
b. Review Requests for Proposals and responsive proposals for consultant
services related to the General Plan;
c. Establish time schedules for the General Plan update; and
d. Review invoices and budgets related to the General Plan update.
Additional details of the Steering Committee are provided in the attached draft Resolution
(Attachment A).
General Plan Advisory Committee (GPAC)
The update process cannot be accomplished without active community input and
oversight. Staff recommends the establishment of a General Plan Advisory Committee
that would be subject to the Brown Act. The GPAC would meet regularly and provide a
public forum to review, discuss, and guide updates to policies. The GPAC would take
direction and report to the Steering Committee. The composition and operation of the
GPAC is intended to ensure the process is open and transparent.
GPAC members would be limited to City residents or organizations that operate in the
City. GPAC shall consist of a minimum of 15 members but no more than 29 members.
Membership may be composed of the following categories and no member may represent
more than one (1) category:
a. Up to three (3) residents from each City Council District;
b. One (1) member from the Planning Commission;
c. One (1) member from the Finance Committee;
d. One (1) member from the Harbor Commission;
e. One (1) member from the Parks, Beaches and Recreation Commission;
f. Member(s) from local community organizations.
All prospective members would be required to submit a complete application for
appointive positions to the City Clerk's Office. The City Clerk would forward qualifying
applications to the Steering Committee for review and then the committee would make
recommendations to the City Council for appointments. Additional details about the
GPAC are in the attached draft Resolution (Attachment A).
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General Plan Update Process (PA2017-141)
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Initial Work Plan
The initial work plan is a draft that may be modified by the Steering Committee and GPAC
with community involvement. A summary of tasks are:
1. Community Engagement and Outreach
The single most important part of the GP update is civic engagement. Community
feedback and input is necessary as it brings out a vision for the City.
Community engagement takes place by both inviting community members to
participate and staff proactively reaching out to the community for input. This is
accomplished by setting up community meetings at different locations throughout the
City and inviting community members to attend and provide their input. Additionally,
it is important for staff to reach out and attend regular community meetings, HOA
meetings, and business association groups.
The City, with consultant assistance, will create and implement a community
engagement and outreach plan to accomplish the overall update goals in an open and
transparent process.
2. Consultant Selection
A consultant will need to be hired to help with the following: technical analysis, draft
documents, community engagement draft amendments and the Environmental Impact
Report (EIR) to the GP. A market and fiscal analysis will be conducted to provide
foundational information for land use and circulation discussions. A consultant will also
help understand economic changes of various land use alternatives.
The consultant will be selected through a Request for Proposal (RFP) process. The
RFP will be drafted by staff and reviewed by the Steering Committee.
3. Review and Create Draft Update
All elements of the GP will be reviewed by the consultant and GPAC. Some of the
elements may be rewritten in their entirety, while others may be amended or left
unchanged.
4. Environmental Review
The update requires a thorough analysis of its potential environmental impacts. The
results of the community visioning process, the market and fiscal analysis, and the
GPAC process will lead to the creation of a preferred draft GP update. The land use
plan and several viable alternatives will need to be evaluated in the environmental
impact report (EIR) to inform the community and decision -makers.
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General Plan Update Process (PA2017-141)
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How the work program changes is dependent on inputs received during the process
including information from the consultants, staff, technical studies and analysis,
stakeholder discussions, public outreach efforts and direction from the Steering
Committee, the GPAC, and commissions and boards.
Project Schedule
The GP update would begin immediately with the initiation, appointment of the Steering
Committee, and the establishment of the GPAC. The overall timeline is:
Establish Steering Committee & GPAC
Nov. 14, 2017
Advertise and Accept GPAC Membership Applications
Nov. 18, 2017
Publish Request for Proposals (RFP) for consulting services
December 2017
Appoint GPAC Members
Feb. 13, 2018
Select consultant team
Feb. 27, 2018
Public outreach, stakeholder meetings, GPAC meetings
March 2018 to March 2019
Preparation of draft update, alternatives and EIR
April 2019 to Oct. 2019
Public hearings and update adoption
Nov. 2019 and May 2020
Vote (unless deemed unnecessary)
November 2020
ENVIRONMENTAL REVIEW:
The City Council's creation of advisory bodies and the initiation of amendments to the
General Plan, Coastal Land Use Plan and Zoning Code/Map are exempt from the
California Environmental Quality Act ("CEQA") pursuant to Section 15262 (Feasibility and
Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because the recommended actions have no potential to have a significant
effect on the environment. No final action on the proposed update will be taken and the
initiation of the amendments does not have any legally binding effect upon future
consideration of the update themselves. An Environmental Impact Report (EIR) will be
prepared in accordance with CEQA prior to the approval of any amendments.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Additionally, staff posted
information about this meeting on the City's website and sent an email alert to those
individuals requesting email notifications. The City also used social media to alert the
community.
ATTACHMENTS:
Attachment A — Resolution No. 2017-73
Attachment B — Correspondence
18-5
ATTACHMENT A
RESOLUTION NO. 2017-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ESTABLISHING
THE GENERAL PLAN STEERING COMMITTEE AND
THE GENERAL PLAN ADVISORY COMMITTEE TO
ASSIST IN A COMPREHENSIVE REVIEW AND UPDATE
OF THE GENERAL PLAN
WHEREAS, in 2006 the City of Newport Beach ("City") adopted a new General
Plan;
WHEREAS, the General Plan provides a framework for the City's future
development and requires comprehensive updates from time -to -time to ensure it matches
the desires of the community;
WHEREAS, the City Council recognizes a comprehensive General Plan update
requires active community participation and the guidance and oversight of a focused
advisory committee and steering committee;
WHEREAS, the City desires to create a general plan advisory committee to
provide opportunities for the public to engage and participate in the City's General Plan
update; and
WHEREAS, the City further desires to create a steering committee to provide
direction and act as a liaison between the City Council and the general plan advisory
committee.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby create the General Plan Steering
Committee ("Steering Committee") and the General Plan Advisory Committee ("GPAC")
to assist the residents, City staff, Planning Commission, and City Council in reviewing
and updating the City's General Plan. The Steering Committee and GPAC shall
automatically sunset, without further action, upon the submittal and acceptance of a
General Plan update by the City Council.
Section 2: A full description and listing of responsibilities of the Steering
Committee is set forth in Exhibit A, which is attached and incorporated herein by
reference.
Section 3: A full description and listing of responsibilities of the GPAC is set forth
in Exhibit B, which is attached and incorporated herein by reference.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
:.
Resolution No. 2017 -
Page 2 of 5
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 14th day of November, 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY A Y'S OFFICE
l�
Aaron rp
City Attorney
Attachments: Exhibit A- General Plan Steering Committee
Exhibit B — General Plan Advisory Committee
18-7
Resolution No. 2017 -
Page 3 of 5
EXHIBIT A
GENERAL PLAN STEERING COMMITTEE
(STEERING COMMITTEE)
AUTHORIZATION: Established by Resolution No. 2017- adopted on the 14th of
November, 2017.
MEMBERSHIP:
The following membership criteria applies to the Steering Committee:
1. The Steering Committee shall have no more than three (3) members.
2. Members shall be appointed by the Mayor, and confirmed by the City Council.
3. Membership shall be composed of the following:
a. Two (2) City Council Members; and
b. One (1) at -large non -Council Member who shall be a resident of the City.
c. The Mayor shall select the chairperson of the Steering Committee.
TERM: Unless removed earlier by the Mayor, with the consent of the City Council,
the membership term shall end upon the submittal and acceptance of a
General Plan update by the City Council.
MEETINGS: The Steering Committee shall hold meetings at such frequency as
required by its workload.
BROWN ACT: The Steering Committee shall be subject to the Ralph M. Brown Act.
PURPOSE AND RESPONSIBILITIES:
The purpose of the Steering Committee is to provide direction to the General Plan
Advisory Committee (GPAC) on matters related to the General Plan update and to act as
a liaison between the City Council and the GPAC. The Steering Committee shall:
1. Receive direction from the City Council;
2. Provide direction to the GPAC regarding the General Plan update;
3. Present progress updates to the City Council;
4. Make recommendations to the City Council for membership changes to the GPAC;
5. Review membership applications for the GPAC and make a recommendation to
the City Council on GPAC membership composition;
6. Assist staff by performing duties, which include, but are not limited to the following:
a. Provide guidance and recommendations to City staff;
b. Review Requests for Proposals and responsive proposals for consultant
services related to the General Plan;
c. Establish time schedules for the General Plan update; and
d. Review invoices and budgets related to the General Plan update.
Resolution No. 2017 -
Page 4 of 5
EXHIBIT B
GENERAL PLAN ADVISORY COMMITTEE
(GPAC)
AUTHORIZATION: Established by Resolution No. 2017- adopted on the 14th of
November, 2017.
MEMBERSHIP:
The following membership criteria shall apply to the GPAC:
1. The GPAC shall consist of a minimum of fifteen (15) members but no more than
twenty-nine (29) members.
2. Membership shall be limited to City residents, or organizations that operate in the
City.
3. Membership may be composed of the following categories and no member may
represent more than one (1) category:
a. Up to three (3) residents from each City Council District;
b. One (1) member from the Planning Commission;
c. One (1) member from the Finance Committee;
d. One (1) member from the Harbor Commission;
e. One (1) member from the Parks, Beaches and Recreation Commission;
f. Member(s) from local community organizations.
4. Prospective members shall submit a complete application for an appointive
position to the City Clerk. The City Clerk shall forward applications to the Steering
Committee for review. The Steering Committee shall make recommendations to
the City Council regarding GPAC appointments. The City Council shall have final
discretion on whom to appoint to the GPAC, which appointment shall be made at
an open and public City Council meeting.
TERM: Unless removed earlier by the City Council, the membership term shall
end upon the submittal and acceptance of a General Plan update by the
City Council.
MEETINGS: The GPAC shall hold meetings at such frequency as required by its
workload.
BROWN ACT: The GPAC shall be subject to the Ralph M. Brown Act. A quorum shall
be comprised of the attendance of a majority of the appointed members
at a GPAC meeting (e.g., if there are only fifteen (15) appointed members,
the attendance of eight (8) members shall be required to comprise a
quorum).
:•
Resolution No. 2017 -
Page 5 of 5
PURPOSE AND RESPONSIBILITIES:
The purpose of the GPAC is to provide opportunities for public participation and to guide
and shape a comprehensive review and update of the General Plan in an open and
transparent manner. The GPAC shall:
1. Review information received from the community outreach and public engagement
program and GPAC meetings;
2. Review information provided by City staff and Consultants,
3. Strive to create a balanced, effective, conscientious, and civic -minded group, that
actively listens to build a consensus on how to address the variety of issues
affecting the City that are within the scope of a General Plan;
4. Take direction from and make recommendations to the Steering Committee,
5. Act in a professional and courteous manner towards City staff, consultants, fellow
GPAC members, the Steering Committee, residents, and other persons that
appear before the GPAC.
6. The GPAC chairperson shall be the non -Council Member appointee to the Steering
Committee, and shall act as liaison between the Steering Committee and GPAC;
and
7. Update its members' respective interest groups and/or City Commissions
regarding the progress of the General Plan update.
18-10
ATTACHMENT B
-----Original Message -----
From: Lynn Lorenz rmailto:lynnierlo(a,aol.coml
Sent: Monday, November 06, 2017 1:01 PM
To: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Koetting,
Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren <lkleiman@newportbeachca.gov>; Lowrey, Lee
<llowrey@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Zak, Peter
<pzak@newportbeachca.gov>; Biddle, Jennifer <JBiddle@newportbeachca.gov>; Campagnolo, Daniel
<DCampagnolo@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; info@spon-
newportbeach.org
Subject: Comments: General Plan Update Process
To: Planning Commission Members
Please stop allowing buildings which deviate from established planning rules and guidelines set up to protect the
residents of Newport from oversized structures which either block their already established views and/or degrade the
balance, symmetry and beauty of Newport Beach neighborhoods and commercial districts.
Thank you, Lynn Lorenz
434 Redlands Avenue
Sent from my iPad
18-11
From: Caren Laing [mailto:caren.laing@gmail.com]
Sent: Monday, November 06, 2017 6:04 PM
To: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>;
Koetting, Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren
<Ikleiman@newportbeachca.gov>; Lowrey, Lee <Ilowrey@newportbeachca.gov>; Weigand, Erik
<eweigand@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Biddle, Jennifer
<JBiddle@newportbeachca.gov>; Campagnolo, Daniel <DCampagnolo@newportbeachca.gov>;
Jurjis, Seimone <sjurjis@newportbeachca.gov>; Stop Polluting Our Newport <info@spon-
newportbeach.org>
Subject: Comments: General Plan Update Process
Planning Commissioners,
Please be more aware of our community of homes and do not let mansionization take over!
Curb appeal should be considered and harmony within a block should be of utmost
importance! We are starting to look like a jumble!
Caren Laing
18-12