HomeMy WebLinkAbout17 - Initiation of an Amendment to the General Plan Land Use Element Policy LU 6.5.6 PA 2014-009�EWPORr CITY OF
NEWPORT REACH
Cky CouncH Staff Report
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Agenda Item No. 17
January 28, 2014
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: Patrick J. Alford, Planning Manager
APPROVED: �_/—_>__r.11 A_\
TITLE: Initiation of an Amendment to the General Plan Land Use Element
Policy LU 6.5.6 (PA2014 -009)
ABSTRACT:
Staff is requesting the City Council initiate a General Plan Amendment to modify the
language of Land Use Element Policy LU 6.5.6, which provides for the coordination with
state and federal agencies in the planning of future uses on Banning Ranch.
RECOMMENDATION:
1) Find this action is not subject to the California Environmental Quality Act ( "CEQA ")
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3.
2) Initiate an amendment to the General Plan to modify the language of Land Use
Element Policy LU 6.5.6.
FUNDING REQUIREMENTS:
The adopted Fiscal Year 2013 -14 budget includes sufficient funding for this amendment;
staff estimates that approximately 10 -20 hours will be spent on this effort plus the cost of
noticing and publishing materials for public hearings.
DISCUSSION:
The stated purpose of the City of Newport Beach General Plan is to provide declarative
goals, policies, strategies and implementing actions that guide future planning efforts by
providing a vision for Newport Beach's long -range physical and economic development
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Initiation of an Amendment to Policy LU 6.5.6
January 28, 2014
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and resource conservation that reflects the aspirations of the community. Goals are
very general and broad descriptions of ideal future conditions for a particular topic.
Policies provide guidance to assist the City as it makes decisions relating to each goal.
Strategies and implementing actions allow this vision to be accomplished.
On July 25, 2006, the City adopted the first comprehensive update of the City's General
Plan in more than thirty years. The Land Use Element of the 2006 General Plan
recognized various "Districts" that were likely to change over the course of twenty years;
one such identified area was the Banning Ranch area. The Land Use Element of the
General Plan sets forth two goals for the 518 -acre area oil field and open space area
known as Banning Ranch:
LU 6.3
Preferably a protected open space amenity, with restored wetlands and habitat areas,
as well as active community parklands to serve adjoining neighborhoods.
LU 6.4
If acquisition for open space is not successful, a high - quality residential community with
supporting uses that provides revenue to restore and protect wetlands and important
habitats.
The Land Use Element provides several polices and strategies specific to implementing
Goals LU 6.3 and LU 6.4. The last of these is Strategy LU 6.5.6, which states:
LU 6.5.6 Coordination with State and Federal Agencies
Work with appropriate state and federal agencies to identify wetlands and
habitats to be preserved and /or restored and those on which development
will be permitted.
On November 21, 2013, the Orange County Superior Court issued a Minute Order in
the matter of Banning Ranch Conservancy v. The City of Newport Beach, et al. (Case
No. 30- 2012 - 00593557- CU- WM -CXC). Among other things, the Minute Order
concludes that Strategy 6.5.6 required the City to work with the California Coastal
Commission (Commission) to identify what areas will be preserved or restored, and
developed prior to the City's approval of the Banning Ranch project. This interpretation
has implications that conflict with the Coastal Act. Specifically, the City may be unable
to authorize development absent coordination with the Commission, which the City may
be unable to do without appropriate standing approvals under the Coastal Act and its
implementing regulations. Therefore, this policy needs to be revised to clarify its intent.
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Initiation of an Amendment to Policy LU 6.5.6
January 28, 2014
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ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
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:
.0.-.
Director
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