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HomeMy WebLinkAbout11 - GPA Initiation Planned Community Dev0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 April 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Assistant Planner (949) 644 -3209 imurillo(&city.newport- beach.ca.us SUBJECT: General Plan Amendment Initiation No. 2004 -001 Planned Community Development Plan Amendment No. 2004 -001 (PA2004 -041) INITIATED BY: City of Newport Beach • INTRODUCTION: As directed by Housing Element Program 3.2.3 and as required by the State Department of Housing and Community Development, a General Plan Amendment needs to be initiated to change the land use designation from Recreation and Environmental Open Space to Multi - Family Residential for the property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation of Area 2 from Open Space to Multi - Family Residential. RECOMMENDATION: Staff recommends that the City Council approve the proposed initiation of the General Plan Amendment and Planned Community Development Plan Amendment and requests the adoption of the attached resolution. DISCUSSION: This General Plan Amendment needs to be initiated as required by Housing Program 3.2.3 of the City's recently adopted Housing Element (adopted August 2003). The Program mandates that the City initiate a change of zone within one (1) year of the certification of the • Housing Element to allow for the development of senior residential units on the subject site. Avocado/ MacArthur GPA April 27, 2004 Page 2 of 3 Since the Housing Element identifies the subject site as a potential site to meet the City's . Regional Housing Needs Allocation (RHNA) for lower- income individuals, the State Department of Housing and Community Development (HCD) conditioned the certification of the Housing Element based on the effective and timely implementation of Housing Program 3.2.3. Specifically, HCD requires the City to report the status of rezoning the Avocado/ MacArthur site by November 2004 and that if the report reveals that development has not proceeded with densities sufficient to accommodate housing affordable for lower- income households, the element would no longer identify adequate sites and require further modification. It should be noted that, although the General Plan and Planned Community Development Plan amendments will not directly result in the construction of new units, the City will be able to demonstrate to HCD that implementing efforts are underway. In order to ensure consistency between the General Plan and zoning regulations, a Planned Community Development Plan amendment is required to allow senior affordable housing units in the Newport Village Planned Community Development Plan, a use which is currently not permitted. The Planning Commission considered the initiation request at its regular meeting of April 8, 2004 and voted unanimously to recommend that the City Council initiate the proposed General Plan Amendment and Planned Community Development Plan Amendment. Planning Commission Resolution No.1628 and an excerpt of the draft minutes from the April 8, 2004 meeting are attached as Exhibit E and F. . Site Overview The 3.5 acre site is located northerly of San Miguel Drive, southerly of San Joaquin Hills Road, easterly of Avocado Avenue, and westerly of MacArthur Boulevard. The site is currently vacant and has been previously disturbed due to grading and vegetation removal. Surrounding Land Uses The land uses surrounding the subject property are: Northerly: Transit Facility Southerly: Open Space Westerly: Commercial (Block 400 Newport Center) Easterly: Residential A General Plan land use map depicting the land use designation of the subject property and surrounding properties has been included as Attachment B. Environmental Review: A request to initiate a General Plan Amendment is considered a feasibility or planning study • by staff, which is statutorily exempt pursuant to Section 15262 of the Implementing Guidelines for the California Environmental Quality Act. z Avocado/ MacArthur GPA April 27, 2004 Page 3 of 3 • Public Notice Notice is not required for a request to initiate a General Plan Amendment. Should the request be approved by the City Council, the subsequent application will require noticed public hearings at the Planning Commission and City Council. However, this item was included on the agenda for this meeting, which was posted at City Hall and on the City's web site. Alternatives The City Council may decide against the initiation of these amendments and consider amending the Housing Element to identify an alternative site to meet the City's RHNA allocation for lower- income individuals. Prepared by: Submitted by: � _�. --�11 YL4,� < Jaifne Murillo, Assistant Planner Sharon Z. Wood, slant City Manager Attachments 0 A. Draft Resolution of Intent B. General Plan Land Use Map C. Housing Program 3.2.3 D. Certification letter from HCD E. Planning Commission Resolution No. 1628 F. Excerpt of the draft minutes from the April 8, 2004 Planning Commission Meeting. , ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION NO. 4 n 0 0 RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE GENERAL PLAN EGPI 2004 -001] AND AN AMENDMENT TO THE NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN (PD 2004 -0011. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Housing Element Program 3.2.3 directs the City to initiate an amendment to the General Plan to change the land use designation of the property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard from Recreation and Environmental Open Space to Multi - Family Residential. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation from Open Space to Multi - Family Residential. Section 2. The State Department of Housing and Community Development (HCD) have conditioned the certification of our Housing Element based on the effective and timely implementation of Housing Program 3.2.3. Section 3. City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. 0 s R City of Newport Beach Planning Commission Resolution No. _ Paae 2 of 2 Section 4. On April 8, 2004, the Planning Commission voted unanimously to • recommend that the City Council initiate the proposed General Plan Amendment and Planned Community Development Plan Amendment. Section 5. The City Council hereby approves the initiation of a General Plan Amendment (GPI 2004 -001) to change the General Plan land use designation of subject site from Recreation and Environmental Open Space to Multi - Family Residential. Additionally, the City Council hereby approves the initiation of an amendment to the Newport Village Planned Community Development Plan to change the land use designation from Open Space to Multi - Family Residential. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2004. ATTEST: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBE ABESENT COUNCIL MEMBER MAYOR 0 0 LJ ATTACHMENT B GENERAL PLAN LAND USE MAP 1] 0 Mayor Ridgeway and Members of the City Council City of Newport Beach Page 7 April 20, 2004 review. This describes a reasonable point in time at which to begin the cumulative impact analysis. Without this guideline, the cumulative impact analysis may suffer frequent revision as new, incremental projects are identified. If additional projects are identified later, they may be addressed during completion of the final EIR." "Cumulative impacts analysis must include reasonably anticipated future activities of a project or associated with the project. Whether these activities are addressed in the cumulative impact analysis section or in the impacts associated with the project, as defined, if there is substantial evidence indicating reasonable foreseeable future projects or activities, an EIR must analyze the impacts of those future activities...." As discussed below, the DSEIR fails to analyze or discuss the cumulative impacts of the probable future projects in conjunction with the Project. Moreover, Table 3 -2 does not include all approved or pending projects. It includes only "Residential Projects." Perhaps, the DSEIR limits this table to residential projects because the Project really is a residential project. Whatever the reason for the limitation, it is improper: numerous projects including residential, office and mixed use have been approved or are pending before the City. The cumulative impacts of all of these projects together with the Project may have significant impacts on several areas including transportation and circulation. When the City issues a subsequent or new EIR for the Project, the cumulative impact analysis should identify and analyze the cumulative impacts of all such projects. Moreover, such future cumulative impacts analysis must correctly identify the uses allowed under the IBC EIR, analyze any changes to such uses and the cumulative impacts of such changes, and consider all other appropriate cumulative impacts. V. Section 4: Environmental Setting, Impacts, and Mitigation. A. Section 4.1: Air Quality. The DSEIR recognizes that the Project will have significant air quality impacts including short term air quality impacts due to construction activities, long term regional air quality impacts due to Project related truck trips, long term emissions associated with Project related traffic, and long term impacts due to Project related energy consumption and vapor contaminates from vehicles, from soil and from other sources. 0 9 Housing Program 3.2.3 . Encourage the developer(s) of a 3.5 -acre site located northerly of San Miguel, easterly of Avocado Avenue, and westerly of MacArthur Boulevard (known as the Avocado /MacArthur site) to provide at least fifty -six (56) multiple - family residential units for Senior Citizen Households, The City shall assist the developer(s) by initiating a Change of Zone within one (1) year of certification of this Housing Element to allow such senior residential units on said site, by considering a "density bonus" and /or other incentives, and by streamlining the discretionary process. Additionally, the City may consider using a portion of fees collected from other projects paid in lieu of providing affordable residential units to facilitate meeting the City's Very Low -, Low -, and Moderate - Income Regional Housing Needs Assessment construction requirements on said Avocado /MacArthur site. Responsibility for implementation of this program is that of the Planning Department and City Council. /D • ATTACHMENT D CERTIFICATION LETTER FROM HCD 0 rr 01/29/2004 Wlsion of Housing b00'I7�L Spvi Itmm <30 '. 0.8x C52C =9 aameMn. cA P4262 -= }9s} -%=i 3 V FAX (53 9 81 127-26 e3 MW h-tl cemy JSi11G AND COMMUNITY Policy Deve-lopmont September 15, 2003 Mr. Homer Bludau, City Manager City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, California 92658 -8915 Dear Mr. Bludau: HPD RE; Review of the City of Newport Beach's Adopted Rousing Element PAGE 05/07 t,�(�+avl� anw.nnr nwrnn„, ^s�OCt Thank you for submitting Newport Beach's housing element, adopted August 12, :.003 and received for our review on August 20, 2003. In accordance with Government Code Section 65585(h), the Department of Housing and Community Development (Department) is required to review adopted housing elements and report our findings to the locality. Telephone calls in August and September 2003 Mth Ms. Tamara Campbell, Senior Planner, helped facilitate the mdew. The Department's May 8, 2003 review found the City's draft housing element (w.th revisions) met the statutory requirements of State housing element law. Given all revisions were ibrmally incorporated into the element and adopted by the City Council, we are pleased to find the housing element in fUl compliance with State housing element law (Article 10.6 of the Government Code) As noted in the May 2003 review, our finding of compliance is conditioned on th; e$ective and timely implementation of Programs 3-2.2 and 3.223 (multifamily family development and remne strategies); along with the City's commitment to provide the necessary development :incentives to encourage. and facilitate the development of housing afrbrdible to lower- income households on.tte Banning ;ranch site. This 45.2 - acre site is zoned P -C (P)anned Community) and can be developed at densities significantly less those described in calculating the potential unit capacity (i.e., 446 multifamily family units as described on page 41 of the element). Wfule we acknowledge development of the entire site is not necessary for the City to accommodate its RHNA for the 2000 -2005 planning period, it is critical Newport .Beach take the appropriate actions to ensure a sufBcicnt portion of the site (that is not subject to identified permit processing constraints as described in the element) is designated at densities that will encourage and facilitate development for lower - income households (commmsurate with its r=R=* *'ag need of 58 units). Also, the 120 units included in the development plans for Ba) -,jew Landing (Prol¢arn 3.2.2) are critical to Newport Beach in meeting its regional share need for lower - income household's as well as addressing its overaIl site .- couireaent. Pnrsuantto Government Code Section 65400, the City should use the annual general plan implementation report process to describe the development status of the Bay view Tandina and Banning Ranch projects, as well as the progress in =oning the Avocado'MacAtthur site. The -epo,t should include irtfonnation reea,-ding actual buildout yields, includin acreage, density, and r2 affordability. E 01/24/2004 11 :42 4163272643 HPD PAGE 06/07 Ivir. Howler Biudatt, Catty managcr --If by November 2004 the requisite reports reveal that development has not proceeded with densities sufficient to at�zsmndate housing affordable for tower- income households, the element would no longer identity adequate sites .md require amendment The City would need to =and the element to identify alternative sites with minimum densities of no less than 26 dwelling units Ier acre (consistent ,Mth the Ravview Landing project), or Otherwise demonstrate the adequacy of its site strategy: The aforementioned statute requires the housing imolemernation component Of the prt,gress report to be submitted to this Department by October I" of each year. Given the numerous development obstacles and impediments (i.e., high land and construction costs) facing Newport Beach (and other coastal communities), the Department recognizes ,he development of affordable housing is especially challenging- Newport Beach is commended for its diligence in tackling these challenges. We appreciate the assistance of Ms. Sharon Wood, Assistrtrt City Manager, Ms. Patricia Temple, PIanning Director, and Ms. Campbell, during the course of on. review. We wish the City success in implementing its housing element and look forward to following its progress in achieving the City's horsing goals and objectives through its forthcoming general plan implementation ., progress reports (pursuant to Government Code Section 65400). If we can tie of assistance in implementing the programs or policies of the element, or should you have any questions, please contact Von Thomas, of our stag, at (916) 445 -5854. In accordance with requests pursuant to the Public Records Act, we are forwarding a;pies of this letter to the persons and organizations listed below. Sincerely, Cathy E. tell Deputy Director cc: Patricia Temple, Planning Director, City of Newport Beach Tamara Campbell, Senior Planner, City of Newport Beach Mark Stivers, Senate Committee on Housing & Cornmunity Development Suzanne Ambrose, Supervising Deputy Attorney Gene .al, AG's Office Terry Roberts, Governor's Office of Planning and Research Nick` Carnmarota California Building Industry A=ciation Mania Saildn, California Association ofRealtors Ma_n Brower, California Rural Legal Assistance Foundation Rob Vrein , California Coalition for R=, dousing John Dougizs, AICP, Civic Solutions Deanna Kita--mrg Vr esters Center on Law and Powty /3 S. LmTn Martinez, Western Center on Lew add Pcverty Ale ander Abbe, Leh= Firm of Richards, Watson & Gershon ?vlichaei G. Colasmtuono, Coiantuono, Len & Ro=lL APC 01/19/2004 11:42 9163272643 HPD PAGE 07/07 ;y?T -HUniQ till3Q�'�,'t,Iry lYtrs�3a�r - Page 3 Ilene J. Jacobs, California Rural Legal Assistance, inc, Richard Marcantonio, Public Advocates Carlyle W. Hall, Hail & Phillips Law Firm Fair Housing Comical of the San Fetvando Valley Mark Johnson, Legal Aid Foundation of Los Angeles Dennis Rockway, Legal Aid Foundation of Long Beach Stephanie Knapk Westside Fair Housing Council Chancela Al- Mansour, Los Angeles County Neighborhood Legal Services Karen Warner, Karen WamerAssociates Min Chang, Neighborhood Legal Services of Los Angeles County Veronica Tani, Cotton., Bridges and Associates David Booher, California Housing Council Jonathan Lehrer- Graiwer, Attorney at Law Ana Marie Whitaker, California State Univ=iry Pomona Joe Carreras, Southern California Association of Governments Won Chang, Attorney at Law, Davis and Company Jacob Lieb, Southern California Association of Governments Lynne Fishel, Building Industry Association iz/ u I1 LJ �J ATTACHMENT E PLANNING COMMISSION RESOLUTION NO. 1628 11 0 1s RESOLUTION NO. 1627 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE INITIATION OF A GENERAL PLAN AMENDMENT [GPI 2004 -0011 AND A PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT [PD 2004 -0011 FOR CONSIDERATION BY THE CITY COUNCIL. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section J. Housing Element Program 3.2.3 directs the City to initiate an amendment to the General Plan to change the land use designation of the property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard from Recreation and Environmental Open Space to Multi - Family Residential. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation from Open Space to Multi- Family Residential. Section 2. The State Department of Housing and Community Development (HCD) have conditioned the certification of our Housing Element based on the effective and timely implementation of Housing Program 3.2.3. Section 3. City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. !6 L J DRAFTCity of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 Section 4. Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach. Section 5. The Planning Commission hereby recommends the initiation of a General Plan Amendment (GPI 2004 -001) to change the General Plan land use designation of subject site from Recreation and Environmental Open Space to Multi - Family Residential. Additionally, the Commission hereby recommends that the City Council initiate an amendment to the Newport Village Planned Community Development Plan to change the land use designation from Open Space to Multi - Family Residential. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 2004, MIN I] ' E Earl McDaniel, Chairman Michael Toerge, Secretary AYES: Eaton,-Cole, Toerge, McDaniel Selich and Kiser ABSENT: Tucker ATTACHMENT F EXCERPT OF THE DRAFT MINUTES FROM THE APRIL 8, 2004 PLANNING COMMISSION MEETING liz r� 0 0 • • Planning Commission Minutes 04/08/2004 CITY OF NEWPORT BEACH Planning Commission Minutes April 8, 2004 Regular Meeting - 6:30 p.m. Pagel of 5 DRAFT file://H:\Plancomm\2004\0408.htm Iy 04/14/2004 INDEX ROLL CALL Commissioners Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker - Commissioner Tucker was excused. STAFF PRESENT: Patricia L. Temple, Planning Director Rich Edmonston, Transportation /Development Services Manager Rosalinh Ung, Assistant Planner Jaime Murillo, Assistant Planner Ginger Varin, Planning Commission Executive Secretary PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on April 2, 2004. CONSENT CALENDAR ITEM NO. 1 MINUTES of the adjourned and regular meeting of March 18, 2004. General Plan Initiation No. 2004 -001 (PA2004 -001) ITEM NO. 2 Vacant site at northerly corner of San Miguel Drive and MacArthur Boulevard As directed by Housing Element Program 3.2.3., adopt Resolution file://H:\Plancomm\2004\0408.htm Iy 04/14/2004 Planning Commission Minutes 04/08/2004 recommending the City Council adopt General Plan Initiation 2004- 001, Planned Community Development Plan Amendment No. 2004- 001. General Plan Amendment Initiation No. 2004 -002 (PA2004 -061) Newport Sports Museum located at 100 Newport Center Drive Adopt Resolution recommending the City Council adopt General Plan Amendment Initiation 2Q04 -002 (PA2004 -061. Page 2 of 5 DRAF 0 ITEM NO. 3 Initiation of an amendment to Corporate Plaza Planned ITEM NO. 4 Communit7 District Regulations (PA2004: 064) Adopt Resolution recommending the initiation of an amendment to the Corporate Plaza Planned Community District Regulations. Motion was made by Commissioner Kiser to approve the Consent Calendar. The motion carried by the following vote: Ayes: Eaton, Cole, Toerge, McDaniel, Selich and Kiser Noes: None Absent: Tucker Abstain: None HEARING ITEMS SUBJECT: Traffic Study No. 2003 -005 (PA2003 -301) ITEM NO. 5 401 Old Newport Blvd. PA2003 -301 The applicant requests approval of a traffic study for the construction of a Approved 16,500 square foot, two -story office building at the northwest corner of Old Newport Boulevard and Hospital Road. Presently improved with a 4,782 square foot, two -story commercial building,, the property is zoned SP -9 (Old Newport) District and has General Plan Land.Use designation of Retail & Service Commercial. Public comment was opened. Commissioner Toerge asked what the process and criteria was -for the study area intersections identified and specified. Mr. Edmonston, Transportation /Development Services Manager, answered that his staff used their knowledge of the project size, current level of service (LOS) in the intersections in the area and made an initial estimate of those intersections that would potentially 0 file: //H: \Plancomm \2004 \0408.htm 04/14/2004 • • s 11 RESOLUTION NO. 2004- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE GENERAL PLAN [GPI 2004 -0011 AND AN AMENDMENT TO THE NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN [PD 2004 -0011. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Housing Element Program 3.2.3 directs the City to initiate an amendment to the General Plan to change the land use designation of the property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard from Recreation and Environmental Open Space to Multi - Family Residential. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation from Open Space to Multi- Family Residential. Section 2. The State Department of Housing and Community Development (HCD) have conditioned the certification of our Housing Element based on the effective and timely implementation of Housing Program 3.2.3. Section 3. City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. Section 4. On April 8, 2004, the Planning Commission voted unanimously to recommend that the City Council initiate the proposed General Plan Amendment and Planned Community Development Plan Amendment. Section 5. The City Council hereby approves the initiation of a General Plan Amendment (GPI 2004 -001) to change the General Plan land use designation of subject site from Recreation and Environmental Open Space to Multi - Family Residential. Additionally, the City Council hereby approves the initiation of an amendment to the Newport Village Planned Community Development Plan to change the land use designation from Open Space to Multi - Family Residential. PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 2004. AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBE ABSENT, COUNCIL MEMBE ATTEST: �d+P°Rr CITY CLERK `A"lf STATE OF CALIFORNIA } COUNTY OF ORANGE ; ss. CITY OF NEWPORT BEACH I. LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven: that the foregoing resolution, being Resolution No. 2004.32 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of April, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 2004. (Sear City Clerk Newport Beach, California