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HomeMy WebLinkAbout32 - Newport Village Parcel - Proposed Arts and Cultural Center - Summary of Legal IssuesAgenda Item No. 32 CITY OF NEWPORT BEACH CITY ATTORNEYS OFFICE June 27, 2000 TO: Mayor & Members of the City Council FROM: Robert H. Burnham RE: Newport Village Parcel Proposed Arts & Cultural Center Summary of Legal Issues The Ad Hoc Committee for an Arts & Education Center (Committee) consists of members of the Board of Library Trustees, the Arts Commission and the Arts Foundation. The Committee also includes a member of the NMUSD and Coastline Community College Boards and a representative of the Newport Center Association. For the past two years, the Committee has evaluated the need, and developed a proposal, for a proposed Arts and Education Center (Center) on approximately 3.5 acres of land just north of the Central Library (Newport Village). According to the presentation made to the City Council last year and information submitted to this office by a member of the Arts Commission, the Committee is proposing construction of a 22,000 square foot facility. The proposed Center consists of a 400 seat auditorium, a 6,000 square foot "hall ", a 1,500 square foot public gallery, 3,600 square feet of "arts education" classroom and 2,100 square feet of office, coffee bar and storage area. Parking for the Center would be provided by a 460 space structure with a landscaped "roof' that would provide approximately 200 spaces for library staff and customers with Central Library access provided by a pedestrian bridge. Construction of the Center would be funded through contributions solicited by the Arts Foundation and a fund - raising event has been scheduled for early August. The Committee has asked the City Council to reserve a "3.5 acre site" adjacent to the Central Library for a period of 24 months. The Committee has also asked the Council to "withhold consideration of any other use of this site until after the Committee has completed its feasibility study and requested... specific development plans from the Council." The Center is one of three land use concepts that have been discussed for Newport Village. The City Council has considered the feasibility of an affordable senior housing project and has received testimony supporting a open space use with both natural and landscaped areas. The City Council has asked us to advise on the legal issues related to the proposed reservation of land, the decisions and actions necessary to approval of the Center, the role of boards and commissions in the planning process, and restrictions on fund raising. LEGAL ISSUES Reservation of Land The request for "reservation" of a portion of the Newport Village parcel is unusual. While the reservation would not firmly commit the City to the use proposed by the Committee, the action might be considered a "project' subject to CEQA. The proposed Center is not consistent with the Newport Beach General Plan or the zoning for Newport Village and the City has not performed any environmental analysis of the project Assuming Newport Village was privately owned, the City could not require the reservation as a condition to any land use approval such as a subdivision or zoning amendment. Public funds could not be spent on construction the Center because funds cannot be used to build any project that is inconsistent with the general plan. If the City Council wants to consider a reservation, the appropriate course of action would be to make the reservation part of the planning, zoning and environmental process necessary to approval of the Center. Approval Process The Center requires approval of an amendment to the Land Use Element and the Newport Village Planned Community Development Plan as well as preparation of an environmental document A traffic study may be required depending on the specific uses proposed and any restrictions on the timeframes for occupancy. The type of environmental document that is necessary (an EIR or Negative Declaration) depends on whether the Center could have a significant adverse impact on the environment that could not be mitigated to a level of insignificance through modifications to the project The consent of The Irvine Company is required by virtue of the terns of the offer to dedicate the parcel to the City. The City Council may want to include a parcel map, use permit and /or site plan review as part of planning approvals required of the project Role of Boards and Commissions The Committee is comprised of members of the Board of Library Trustees (Trustees) and the Arts Commission (Arts). The Parks Beaches and Recreation Commission (PER) has expressed an interest in playing a major role in processing the Center. PBR, Arts and the Trustees are all creations of the City Charter and each has duties and powers that are related to certain aspects of the proposed Center. However, in the case of a project like the Center, the Charter contemplates that PBR, Arts and the Trustees would function as advisors to the City Council. The Committee members have done a very good job developing a conceptual plan for City Council consideration and should now await direction from the Council as to their continued participation. Fund Raising Council Policy A -5 prohibits fundraising by members of boards and commissions without the approval of the City Council. According to Don Gregory, the Committee is aware of this prohibition and has assumed that fundraising for the Center would be conducted by the Newport Beach Arts Foundation (Foundation) and/or other private groups or persons. The bylaws of the Foundation state that the "specific purpose" of the organization is to raise money "for the benefit of the City of Newport Beach Arts Commission, and its relative activities and services." While the City Council has no control over Foundation activities, we would hope that any fundraising activities would be conducted in a manner that recognizes the City Council has not given conceptual approval of the Center or initiated the planning process. The City Council is the only legislative body authorized to initiate General Plan amendments, the only body that can function as the lead agency pursuant to CEQA and the appropriate body to initiate a zoning amendment The Committee's development proposal requires some additional information before it is sufficient to serve as a "project" for purposes of the Initial Study required by CEQA. The additional information necessary to conduct the Initial Study includes the extent of grading necessary to achieve the proposed view plane and operational data necessary to assess trip generation rates. The City Council may also want to determine, prior to deciding whether to proceed further, if construction of the Center would preclude other uses, the extent of support for the project on the part of the community, and the position of nearby residents. 3 We recommend that: 1. The City Council Deny the request for reservation without prejudice to reconsideration at some future date; 2. The Mayor appoint two members of the City Council and one member of PBR, Arts and the Trustees to an ad hoc committee; 3. The ad hoc committee be directed to: (a) meet with interested parties, members of the community and potentially impacted residents to determine their position on the Center and the appropriate use(s) of Newport Village; (b) determine if the Center would preclude other uses of Newport Village site that may have support in the community; (c) obtain any information necessary to initiate general plan /zoning amendments for the Center if the Council were inclined to do so; and 4. The Council Members on the ad hoc committee report the findings and make recommendations to the City Council after completing the tasks outlined in 3 (a) -(cL Burnham 4 CORONA DEL MAR RESIDENTS ASSOCIATION P.O.BOX 1500 C. ; V 1T Corona Del Mar, CA 92625 '00 JUN 21 A 8 :42 June 19, 2000 OFFICE OF [ .E CITY CLERr( CIT'{ OF Idvl'dPORT BEACH MAYOR JOHN NOYES and NEWPORT BEACH CITY COUNCIL CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92659 -1768 Re: Arts and Education Center Proposal for North of the Main Library Dear Mr. Mayor and Members of the City Council: On June 15, 2000, the Corona Del Mar Residents Association Board of Directors met. It was anticipated that we would have a presentation from the City staff which would address, among other things, the current land uses designated for the 12 acres of open space north of the main library, between Avocado and MacArthur Boulevard. Due to a personal family emergency, Planning Director Patricia Temple was unable to attend our meeting and brief our Board. The Board feels that it is essential that we have all of the facts about what is currently planned, a base line, and information about the various proposals for the site in order to make an informed decision. The Board voted unanimously to ask you and the City Council to look at the 12 acre site as a whole. We feel very strongly that the City should not engage in piecemeal planning for this valuable open space. We look forward to working with the City in planning for this site. Very truly yours CDM A Board of Directors, dyDEBRA E. ALLEN Acting Secretary cc: Councilman Tom Thompson Councilman Dennis O'Neil 100 %Reused Please do your part Reduce Reuse Recycle Restore 6(18(00 OFFICE CF THE CITY CLER,i Dear City Council: CITY OF I;f:}YFORT EACH Thank you for denying Don Gregory and the arts & education center committee an assurance to set aside land for an arts center on the open space property adjacent to the library. We continue to believe that a natural park with walking paths is the best use of this land. There is a fine arts center less than a mile away, the Orange County Museum of Art. If, and when, the OCMA moves to Costa Mesa, a Newport arts & education center could be established on that site. Si erely, L./C 6/'h-L Diane & Dennis �_ dbaker @ocic.kl2.ca.us COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Library - Recreation - Seniors To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Proposed Cultural Arts Center Agenda Item No. 19 June 13, 2000 The Ad Hoc Committee for an Arts & Education Center submits the attached proposal for consideration by City Council. This Ad Hoc Committee has been meeting since the summer of 1998, exploring the need for and developing a proposal for an Arts ft Education Center for the City. The Committee includes: Patrick Bartolic, Board of Library Trustees Jay Bauer, Arts Foundation Lyn Belasco, Arts Commission Denise Carcel, Arts Foundation Val Carson, Arts Foundation Arlene Cartozian, Arts Commission Margo Chamberlin, Arts Foundation Paul Cohen, Arts Foundation Lila Crespin, Arts Commission Joy Curtin, Arts Foundation Donald Gregory, Arts Commission Kathy Harrison, Arts Commission Howard Herzog, Arts Foundation Walt Howald, Coastline Community College Helen Japenga, Arts Foundation Roberta Jorgensen, Arts Commission Bob Knox, Board of Library Trustees Catherine Michaels, Arts Commission Essie Pinsker, Arts Foundation Lisa Reedy, Director, Newport Center Association Serene Stokes, Board Member, NMUSD Bill Valentine, Former Member, Arts Commission Jim Wood, Board of Library Trustees The Ad Hoc Committee has previously presented information on this project at the City Council Study Session on November 22, 1999, and at the City Council meeting of December 13, 1999. Information was requested on the designated use of this site; the following was provided by Planning Director Patty Temple. The Land Use Element of the General Plan designates the site northerly of the Newport Beach Central Library for Recreational and Environmental Open Space. This was done as part of General Plan Amendment 91 -1(C) processed as part of the Library Exchange Agreement. Additionally, the Newport Village Planned Community District Regulations designate the site for open space uses. Subsequent to the Library Exchange Agreement, the site was also included in the Circulation Improvement and Open Space Agreement ( CIOSA). That agreement identified the site for dedication to the City for open space purposes. The offer of dedication has been received by the City. In order for the area immediately to the north of the library to be used for the development of an Arts & Education Center facility, the entitlements will need to be changed. A General Plan Amendment and an amendment to the Newport Village Planned Community to designate the site for Governmental, Educational and Institutional Facilities will be necessary. In association with or subsequent to these actions, the Planning Department would recommend that the facility be subject to the review and approval of a Use Permit, to help the City establish appropriate operational limits. Other approvals which may be necessary are a Parcel Map to establish the building site, a traffic study if required pursuant to the City's Traffic Phasing Ordinance, and an amendment to the CIOSA Agreement. Additionally, some changes to the offer of dedication by The Irvine Company will need to be negotiated. r 5 Attachments CITY OF NEWPORT BEACH TO: HONORABLE MAYOR AND CITY COLIN FROM: Homer L. Bludau, City Manager DATE: June 13, 2000 SUBJECT: PROPOSED CULTURAL ART CENTER It is the City Manager's recommendation that the City Council take no action on the Arts and Education Center Ad Hoc Committee's recommendation to reserve a 3.5 -acre site adjacent to the Main Library for a future facility The City Manager believes this issue is worthy of a Study Session discussion and proposes the issue be made the subject of the August 8t' Study Session. City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768 Arts @ Education Center Ad Hoc Committee To: Mayor and Members of City Council From: Arts Et Education Center Ad Hoc Committee Re: Proposal from the Arts Et Education Center Ad Hoc Committee The Arts Et Education Center Ad Hoc Committee requests that the City Council reserve a certain 3.5 acre site to the Newport Beach Center Library for an Arts Et Education Center as follows: 1. the City withhold consideration of any other use of this site until after the Committee has completed its feasibility study and has requested further specific development plans from the Council; 2. this reservation be for a period not to exceed 24 months; and 3. the Committee to report back to the Council the results of such a feasibility study. The Committee's ultimate objective is that such a Center, as generally described in the Fact Sheet attached, be constructed with private funds, solicited and received through the Arts Foundation, located upon this site and allocated for a nominal amount for this purpose. Attachment Arts ft Education Center Ad Hoc Committee { FACT SHEET — MAY 2000 The Proposed Newport Beach Arts 8: Education Center PROPOSAL — The 22,000 sq. ft. Newport Beach Arts it Education Center (NBAEC) will include a 400 seat raked -floor auditorium, a 6,000 sq. ft. reception area, an 1,800 sq. ft. public art gallery, three studio /classrooms, office and storage space, and a 460 slot underground parking garage. Also included, a landscaped roof, an outdoor ocean view sitting area and sculpture garden with a pedestrian bridge to the Central Library. PURPOSE — The NBAEC will accommodate lectures, panel discussions, films, musical recitals, civic meetings, debates, graduation /award ceremonies, receptions and small dance and theatre productions (there will be no fly loft). NEED — Newport Beach, a City of over 70,000, has no cultural, civic or community center as such. The primary venue is the flat -floor Central Library Friends Meeting Room which accommodates 200 people and is heavily booked. LOCATION — On'a 3.5 acre site behind and adjacent to the Newport Beach Central Library. The remainder of the property, 12.5 acres in all, will be available for other uses or open space. The facility will not be higher than the current ground level, thus views will be preserved or enhanced. There will be no rooftop parking on the garage. Extensive excavation will make this possible. TRAFFIC — Minimal impact is expected, as most use will be at non -peak hours. The entrance is off Avocado Avenue, near Farallon Drive, with no access from MacArthur Boulevard. The parking garage will eliminate Central Library congestion. COST 8: FUNDING — The estimated cost is $12 million and it will come from the public sector. The fundraising entity is the Newport Beach Arts Foundation, 501c(3) corporation established in 1998. Once completed, the NBAEC will be operated by the Newport Beach Community Services Department at an estimated increase in budgeted costs of approximately $100,000. Rental and class fees will be charged. GOVERNANCE — Once constructed, the NBAEC will be dedicated to the City of Newport Beach and governed by a board of seven citizens appointed by the City Council. Representatives will include two library trustees, two arts commissioners, two members of the community at large and a representative of City government. SUPPORT — The list to date includes, the Newport Mesa Unified School District, the Corona del Mar Zone Pac (includes 5 PTAs and PFOs), Coast Community College District, the Newport Beach Sister Cities Association, the Newport Beach International Film Festival Board, Board of Library Trustees, City Arts Commission, Newport Beach Arts Foundation and the City of Newport Beach Economic Development Committee.