HomeMy WebLinkAbout19 - Land Use Element, CLUP, Zoning Code, Zoning Map & Budget Amendments�EW�oR> CITY OF
NEWPORT BEACH
CqC /F00.NP City Council Staff Report Agenda Item No. 19
May 28, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director
APPROVED: p,"
TITLE: Initiate Amendments to the Land Use Element, Coastal Land Use
Plan, Zoning Code, and /or Zoning Map and Budget Amendment to
Transfer Funds from the Unappropriated General Fund to an
Expenditure Account (PA2013 -098)
ABSTRACT:
The General Plan Land Use Element warrants an amendment to adjust the
development potential in specific areas of the City and to create policies recognizing
and supporting the City's Neighborhood Revitalization Projects. The land use changes
are anticipated to either reduce total vehicle trips citywide or result in no change to total
vehicle trips citywide. However, it is expected that voter approval of this General Plan
amendment will be required.
RECOMMENDATION:
1. Initiate an amendment of the General Plan Land Use Element, as well as
companion amendments to the Coastal Land Use Plan, Zoning Code, and /or
Zoning Map;
2. Establish the 2013 Land Use Element Amendment Advisory Committee; and
3. Approve a Budget Amendment to increase expenditure appropriations in the
Planning Division's Professional & Technical Account, 2710 -8080, by $500,000
from General Fund unappropriated fund balance.
FUNDING REQUIREMENTS:
The amendment process will be a concentrated effort to be conducted within a
timeframe that allows the proposed amendment to be considered by the voters in
November 2014. To assist staff in the process, a consultant will be retained. The
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Initiate Amendment to Land Use Element and Companion Documents
and Budget Amendment
May 28, 2013
Page 2
consultant will draft the environmental document, support the Advisory Committee, and
facilitate public outreach efforts. The Community Development Department will oversee
the project and the consultant, but significant support will be required of the Public
Works Department and the Office of the City Attorney. The estimated cost of the
consultant services is $500,000 and may be funded through the City's General Fund
unappropriated fund balance.
The Budget Amendment increases expenditure appropriations by $500,000 in 2710-
8080, Professional & Technical Services in FY12 -13.
DISCUSSION:
Since adoption of the 2006 General Plan and 2010 Zoning Code, a need has become
apparent to amend the Land Use Element to adjust the development potential in certain
statistical areas of the City to reflect what will not be developed, as well as to create
additional development opportunities in areas where there is interest and need. The
City has been approached by various property owners regarding the limitations of the
Land Use Element, and staff recognizes that certain areas may benefit from reallocation
of un -built building intensity and /or residential units from other areas within the
community. It is anticipated that the cumulative scope of these building intensity and
residential unit adjustments will require consideration by the voters, as required in the
City's Charter Section 423. Provided below is a list of potential amendments for
consideration:
1. Decrease un- built, entitled hotel rooms in Newport Coast;
2. Increase residential units and non - residential building square footage potential in
Newport Center;
3. Decrease un -built non - residential building square footage potential from various
areas of the City.
4. Increase nonresidential building square footage in Mariner's Mile, Lido Village
and /or West Newport;
5. Include appropriate policies to recognize and support the recent Neighborhood
Revitalization efforts; and
6. Other amendments as determined by the Advisory Committee.
The amendments listed above would result in an increase in development potential in
some areas of the city, while reducing development potential in others. It is anticipated
that the land use changes will, on a citywide basis, reduce overall vehicles trips or that
vehicle trips will remain the same on a citywide basis.
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Initiate Amendment to Land Use Element and Companion Documents
and Budget Amendment
May 28, 2013
Page 3
The City Council- initiated amendments merely direct staff to commence the process
which will ultimately result in public hearings before the Planning Commission and City
Council. Initiation of the process does not have any binding effect on future decisions,
and the amendments may ultimately change based upon additional analysis, public
input, or direction from the Planning Commission and City Council. Staff has prepared
the following tentative timeline for the project.
Process and Timeline
Council Approves Consultant Agreement
July 9, 2013
Advisory Committee /Public Outreach
July to Oct 2013
Finalize Project Description/
Environmental Review
September to December 2013
Draft EIR — Public Review
January 15 — March 2014
PC & CC Public Hearings
May — June 2014
City Council Adoption
June 2014
Voter Consideration
November 2014
Amendments to the Coastal Land Use Plan, Zoning Code and /or Zoning Map are also
anticipated and will be processed at the proper time. This process will also require
amendments to affected development agreements, such as the agreements for North
Newport Center and Newport Coast. Only the amendment to the Land Use Element
requires voter approval.
ENVIRONMENTAL REVIEW:
The City Council's initiation of amendments to the Land Use Element, Coastal Land Use
Plan and Zoning Code /Map is 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 initiation
has no potential to have a significant effect on the environment. No final action on the
proposed amendments will be taken and the initiation of the amendments does not have
any legally binding effect upon future consideration of the amendments themselves.
Environmental review will be conducted prior to the consideration and potential approval
of any amendment.
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Initiate Amendment to Land Use Element and Companion Documents
and Budget Amendment
May 28, 2013
Page 4
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).
Submitted by:
/ & z
Rimberly .0,-.
Director
Attachments:
1. Resolution Establishing the 2013 Land Use Element Amendment Advisory
Committee
2. Budget Amendment
4
Attachment No. CC 1
Resolution Establishing the 2013 Land Use
Element Amendment Advisory Committee
5
0
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ESTABLISHING THE 2013 LAND USE ELEMENT
AMENDMENT ADVISORY COMMITTEE
WHEREAS, the Newport Beach General Plan was adopted in 2006 and evaluation
of development potential specified in the General Plan is warranted; and
WHEREAS, the amendment process would benefit from guidance of an advisory
group to provide policy direction and as a forum for communication with the public.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1. The 2013 Land Use Element Amendment Advisory Committee is
hereby created and enabled to provide guidance in amending the Land Use Element.
SECTION 2. The Committee shall be made up of seven (7) members consisting of
two (2) City Council members, two (2) Planning Commissioners, and three (3) at -large
members of the community.
SECTION 3. The full description of the Committee is set forth in Exhibit A, which is
incorporated by reference.
SECTION 4. This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of May, 2013.
Keith Curry, Mayor
ATTEST:
Leilani I. Brown, City Clerk
7
Exhibit A
LAND USE ELEMENT ADMENDMENT ADVISORY COMMITTEE
AUTHORIZATION: Established by Resolution No. 2013- adopted on 2013.
MEMBERSHIP: Two members of the City Council, one who shall Chair the Committee.
Two members of the Planning Commission.
Three community representatives selected at- large.
All appointments are made by the Mayor and ratified by the City Council.
City staff support shall come from the Community Development Department,
Public Works Department, and others as needed.
TERM: Term ends December 31, 2013.
MEETS: The Committee shall meet regularly with the schedule determined by the
Committee.
PURPOSE & RESPONSIBILITIES:
A. Formulate and review potential amendments to the General Plan Land
Use Element.
B. Act as a forum for the public to become informed of potential
amendments and to provide input.
C. Analyze and consider stakeholder input regarding specific areas of the
City to determine the need for amendments.
D. Such other matters as directed by the City Council.
R
City of Newport Beach NO. BA- 13BA -045
BUDGET AMENDMENT
2012 -13
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: $500,000.00
Increase in Budgetary Fund Balance
Pq Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations in the amount of $500,000 for consultant services to initiate amendments
to the Land Use Element, Land Use Plan, Zoning Code, and /or Zoning Map for voter approval November 2014.
Funds will come from General Fund Unappropriated Fund Balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (360 1)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
$500,000.00
$500,000.00
S -a-1 -I
Date
1;M13
Date
Date
Description
Division
Number 2710 Planning /Economic Development
Account
Number 8080 Services- Professional & Technical NOC
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Aut
Signed: G " -C
Financial Approval: Finance Du
Signed:
Admin stratlue Approval: City Manager
Signed:
City Council Approval: City Clerk
$500,000.00
S -a-1 -I
Date
1;M13
Date
Date