HomeMy WebLinkAboutApproved Minutes_10-27-2022
CITY OF NEWPORT BEACH
GENERAL PLAN UPDATE STEERING COMMITTEE MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
OCTOBER 27, 2022
REGULAR MEETING – 6 P.M.
I. CALL MEETING TO ORDER – 6:00 p.m.
II. WELCOME AND ROLL CALL
Present: Chair Nancy Gardner and Committee Members Kimberly Carter and Phillip Brown
Absent: None
Staff: Community Development Director Seimone Jurjis and Principal Planner Ben Zdeba
III. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Jim Mosher noted that the City Council will be appointing the General Plan Advisory Committee
(GPAC) on November 15, 2022, identified outdated areas of the Newport, Together page on the
City website and suggested staff look at it, and relayed one public comment was included in the
Circulation Element and thought the City has a process and public engagement problem.
In response to Chair Gardner’s question, Principal Planner Zdeba indicated that the names
recommended for GPAC and submitted to staff by the Committee have been notified, relayed a
City Council agenda item on November 15 for Council’s consideration with the caveat that the
entire list will be provided to the Council, and noted areas of the website that need the updated
version of the General Plan and the website being temporarily down.
IV. CURRENT BUSINESS
a. Minutes of September 28, 2022
Motion made by Committee Member Carter and seconded by Committee Member Brown
to approve the minutes of September 28, 2022, with Mr. Mosher’s edits.
The motion carried unanimously 3-0.
b. Minutes of October 13, 2022
Motion made by Committee Member Carter and seconded by Committee Member Brown
to approve the minutes of October 13, 2022, with Mr. Mosher’s edits.
The motion carried unanimously 3-0.
General Plan Update Steering Committee Agenda
October 27, 2022
Page 2 of 5
c. Airport Area Community Plan Presentation
Jennifer Hernandez, representing the Picerne Group, used a presentation to review the
Newport Beach Airport Area Community Plan to help maintain community character and
quality while being mindful of the housing laws. She described a potential public-private
partnership that would focus on a community planning effort for the Airport Area. She
relayed that the Airport Village Community Plan Group consists of three members who
represent about 37 percent of the landowners in the airport subarea and noted concern for
a bigger community in the airport subarea without a broader land use plan. The presentation
reviewed the problems created by the housing laws, danger of State Law bypassing local
land use control, risk, a comprehensive Community Plan, airport area residential projects,
benefits to adopting a Community Plan for the airport area now, Community Plan support,
and next steps.
In response to Committee Member Carter’s question, Ms. Hernandez explained why this
approach is a Community Plan versus a specific or master plan.
In response to Committee Member Brown’s question, Ms. Hernandez relayed that Picerne
group’s motivation is to preserve and enhance the quality of the experience for their existing
product. Community Development Director Jurjis indicated that the City will hold true to
Greenlight Charter 423, legal arguments are possible, and next steps are unknown if the
March 2024 Land Use Element Greenlight vote fails. Ms. Hernandez added that the City of
Newport Beach is not at risk of the City of Santa Monica builder’s remedy deluge because
of the Housing Element certification, but the City is fully exposed to having current
commercial sites picked up and made into multifamily units under SB 6, SB 35, and AB
2011. Community Development Director Jurjis relayed the City’s obligation to comply with
the Permit Streamlining Act.
In response to Committee Member Carter’s question, Community Development Director
Jurjis stated that there are no permit applications for Housing Element units because the
Land Use Element is not complete, but there are permit applications under the old General
Plan that staff is still implementing, and Ms. Hernandez noted that the applicants for the
pending applications are part of the Airport Village Community Plan Group.
Committee Member Brown noted concern for creating green space with multiple small
parcels, and in response to his question, Ken Picerne, CEO of the Picerne Group, noted
six projects in the 2006 General Plan that will develop over the next two to three years and
result in just over 3000 units in the airport subarea. He relayed an area of integrity and
collaboration, a variety of site types and sizes, a concern for losing control of the integrity,
and a fee structure approach to purchase and establish park sites. Ms. Hernandez shared
the common practice of creating green space with available land and noted addressing the
ratio of people to green space in the Community Planning process, and multifamily
amenities and park needs. Mr. Picerne clarified he is asking for a planning process and
expecting to work with community stakeholders, activists, General Plan Update Steering
Committee (GPUSC) members, and staff with an objective that makes most people happy,
an openminded approach, opportunities for gentrification, housing commitments, and an
alignment with the City.
General Plan Update Steering Committee Agenda
October 27, 2022
Page 3 of 5
In response to Committee Member Carter’s question, Ms. Hernandez relayed an eight-to-
ten-month time period and that the completion date is dependent on the start date.
Community Development Director Jurjis indicated that the goal is to have this effort dovetail
with the City’s process and plan.
Committee Member Brown recapped the public-private partnership process, Ms.
Hernandez clarified that the process consists of a proposed General Plan component, and
Community Development Director Jurjis stated that it will be a part of the General Plan
process and noted the steps for review.
Chair Gardner relayed the desire to speed up the process to create a neighborhood and
not simply a group of apartments and Ms. Hernandez concurred.
In response to Debbie Stevens’ inquiry, Ms. Hernandez noted that accommodating change
in an area that’s not already occupied and has less voters is less likely to generate litigation
and controversy which reduces the time factor. Mr. Picerne noted the challenges in the
General Plan Amendment process and thought that a fragmented group can pull together
something cool, with integrity, and more quickly.
David Tanner, resident, thanked Ms. Hernandez for the presentation, expressed concern
for timing and piecemealing, supported the concept of a community plan, questioned the
level of detail, participants, payers, and Circulation Element, noted the benefits to the City,
and suggested land acquisitioning to be able to control a master plan, tying the Community
Plan process to the General Plan update, and a specific plan.
Ms. Hernandez noted the important coordination efforts to ensure no piecemealing and
relayed confidence that the Picerne group will comply with California Environmental Quality
Act (CEQA). Furthermore, she noted the details included the plan and the process. Chair
Gardner liked the built-in protection from the review process.
In response to Committee Member Brown’s question, Ms. Hernandez relayed a
collaborative approach with staff and noted the process details.
In response to Committee Member Brown’s concern for staff time, Community
Development Director Jurjis expressed excitement for this opportunity, noted time
management and outside consultant resources, and suggested a recommendation to the
City Council.
Nancy Scarbrough, resident, thought public outreach is huge for the Greenlight vote and
suggested sharing examples of successful projects or programs with the public, noted
involving the public from the start is critical, believed the airport area is the perfect place to
try this approach, and asked if the plan addresses the school district and eliminates the
need for a Greenlight vote. In response, Ms. Hernandez noted that details related to
schools, Greenlight, community outreach, and early engagement have not been worked out
yet.
General Plan Update Steering Committee Agenda
October 27, 2022
Page 4 of 5
Jim Mosher, resident, noted the word “gentrification” was used by Mr. Picerne in the plan
goals and expressed that it is the opposite of affordable housing. Chair Gardner suggested
the term be rethought. Furthermore, Mr. Mosher expressed a lack of understanding of how
the plan prevented the City’s risk of exposure to commercial sites being used for residential
development in the airport area, and, if it does, questioned why the City would not protect
other areas of the City from the same risk. Mr. Mosher believed the Community Plan is not
totally different from the current General Plan because it identifies neighborhoods with
different policies in the Land Use Element. He noted the Integrated Conceptual
Development Plan from 2006 has parks built-in and questioned if a motivation to pursue
this is to have the City pay for the CEQA process and Environmental Impact Report (EIR)
for the benefit of the developers.
Mr. Picerne clarified his intention of using the word gentrification to be a village concept
composed of mixed incomes that includes affordable housing and seniors. Ms. Hernandez
indicated that funding for the CEQA process would be addressed in the Memorandum of
Understanding (MOU) but anticipated it to be fully funded like everything else. She noted a
land rush for commercial properties, speculation in the market, and less inclined speculators
once a General Plan is established for open space and Regional Housing Needs
Assessment (RHNA) numbers have been accommodated leading to an enforceable
General Plan in the Community Plan area through objective standards that can only take
effect with approval.
In response to Chair Gardner’s example, Ms. Hernandez stated that commercial property
owners in the Community Plan area would have to comply with the objective standards
approved by the City.
In response to Committee Member Carter’s question, the Community Plan is an approval
of its own that follows the same steps as a General Plan and will get plugged into the
General Plan once approved.
Dennis Baker, resident, noted the contentious issue of Newport Crossings and expressed
concern for green space and, in response to his inquiry, Ms. Hernandez named the two
other entities in the group included in the proposal.
Charles Klobe, resident, indicated that the financing mechanism from the Newport Beach
Land Trust will be used to fund 100 percent affordable housing potentially in the Community
Plan.
David Tanner reviewed the General Plan process, noted the airport area is in a high noise
area making it different than other areas in the City, thought the CEQA document and
project will be inconsistent with the municipal code, questioned how the City Council will
approve the Community Plan ahead of the Land Use Element update, and believed
environmental justice will not allow low density in a high noise area. In response, Ms.
Hernandez noted a CEQA process, noise zone boundaries and housing considerations,
and a separate, expedited, and consistent Community Plan with the General Plan.
General Plan Update Steering Committee Agenda
October 27, 2022
Page 5 of 5
Jim Mosher suggested the developer group fund a subgroup of the GPAC to collect
community input at the beginning of the plan development.
In response to Committee Member Brown’s question, Ms. Hernandez clarified that the
approach would include development and open space components found in a
neighborhood included in the General Plan and collaboration with staff and the community
and Committee Member Brown liked seeing new ideas.
Committee Member Carter liked new ideas and an opportunity to include part of the GPAC
in the process.
The Committee was in favor of moving the proposal forward and expressed no concern for
the private-public aspect.
There was no further public comment received on that topic.
Committee Member Carter made a motion and Committee Member Brown seconded to
approve the MOU and recommend the proposal go to the City Council.
The motion carried unanimously 3-0.
Chair Gardner directed staff to focus on following up on outreach efforts and provide an
update at the next GPUSC meeting.
V. COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED
ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM)
None
VI. ADJOURNMENT
The next meeting will be determined after the City Council Meeting on November 15, 2022.