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Home My WebLink About4.0 - General Plan Land Use Element Figure (Map) Corrections - PA2006-159 i CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 4, 2009 Meeting Agenda Item #4 SUBJECT: General Plan Land Use Element Figure (Map) Corrections (PA2006-159) PLANNER: Gregg Ramirez, Senior Planner (949) 644-3219, gramirez@city.newport-beach.ca.us PROJECT SUMMARY Staff is requesting that the Planning Commission affirm several corrections to the General Plan Land Use Element Figures (Maps) pursuant to City Council Resolution No. 2006-76. RECOMMENDATION 1) Review the proposed corrections; and 2) Adopt Resolution No. (Exhibit 1) affirming that the corrections to the General Plan were made pursuant to Section 8 of City Council Resolution No. 2006-76. DISCUSSION Realizing the breadth of the comprehensive General Plan Update, the City Council included in Resolution No. 2007-76, the resolution adopting the General Plan, Section 8 which allows corrections to the General Plan to be made without further amendment (see Exhibit No. 2 for the entire resolution). Section 8. Authority to Incorporate Corrections. The City Council HEREBY DIRECTS that, given the size and complexity of the document, the General Plan text, exhibits, figures and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies, calculations and/or scribe's errors. All revisions made pursuant to this section shall be reported to Planning Commission for affirmation. Subsequent to the initial round of corrections affirmed by the Planning Commission in July 2007, staff has discovered additional mapping errors while working on the maps for the Zoning Code re-write. Staff believes the corrections identified in the following table are consistent with the objective of Section 8. The table below includes each proposed correction, a short description of how the error occurred, and the General Plan land use category descriptions, if necessary for clarification. Additionally, maps showing the involved properties and indicating the proposed changes are included as exhibits to the draft Planning Commission resolution. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AFFIRMING COORECTIONS TO THE GENERAL PLAN WHEREAS, the Newport Beach City Council adopted Resolution No. 2006-76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan and; WHEREAS, Section 8 of City Council Resolution No. 2006-76 allows corrections to be made to the General Plan, subject to the affirmation of the Planning Commission and; WHEREAS, subsequent review of the General Plan has found errors that should be corrected and; WHEREAS, On June 4, 2009 the Planning Commission reviewed proposed corrections to the General Plan pursuant to City Council Resolution No. 2006-76. . NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby affirms that the corrections identified in the attached exhibits meet the intent of Section 8 of City Council Resolution No. 2000-76. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF JUNE 2009. AYES: NOES: BY: Scott Peotter, Chairman BY: Barry Eaton, Secretary i i Exhibit No. 1 Draft Resolution 5 o�eoe R cc /�j`/ RT O,p�L P I yG 9� cc J� J� P T �? RT cc J� Q' �Q s- PQ�F- RS-D J P � BR FgKERs pR RSD AGF �J5 OCF�ti \oo�o Q�\� Fq�F�s D OR RS J� P 00 s- e° � o O s Map Correction 1 3150 Breakers Drive 0 leo 500 Correction 1 3150 Breakers Dr June 4,2009 Fee RT V CO-M Q e� CO-M PI D Oq vm m CO-G 5 4L ROAD COG De H•AG •9 �O 2 s o s o CO-G S ' O 0 � � Gp' oRtvti; �O N O Z R H•AG R•AD -•� O z 5P S lij Q S �P O T CLIFF D PSP RS-D O gPN�P RS-D �ON P ROW COAST HWY WEST RS-D O MU-W1 M — / - - \-W1 tit�wroP��% Map Correction 2 e c�e 305 La Jolla Drive 0 200 400 Correction_2_305_La_Jolla_Dr I June 4,2009 Feet ��1111111111111��1111111►� 2400 Bay Shore Drive , ♦��/� , Open space (OS) to ♦, \� Parks and Recreation (PR) �♦ 2550 12570 Bay Shore Drive Open space (OS) to ,'♦ Parks and Recreation PR ,• .�� 2694 Bay Shore Drive �' �/��, ,V► Open space (OS) to ;�.�'�: ,�♦ Parks and Recreation (PR) SMA♦ 1i /////�i...�ii►� -46 , • • - • N , ��' X11 1 1 • • � : . • - � i I—i 17TH STREET OS(RV)) w re T-711-M LU Public Facilities (PF) INEWHALL ST w D Z I > PF IG OS(RV) LI16TH STREET 16T PF PF IG IG Newport Banning Ranch - - PI PRODUCTIO City Boundary I Q IG RM o Ir o RM OS(RV) RM I OS(RV) I 15TH sweFiry� I w PF a I OSE Q srvEuaRirvT W110 I GT O p.ODW II z I Z O SUIS NN ET p HALYARD ,,**w%; Map Correction 4 e Newport Mesa Unified School District Site °`°°•�' (Newport Banning Ranch) 0 300 600 Correction 4 NMUSD Site/ June 4, 2009 Feet General Plan Corrections June 4, 2009 Page 2 Proposed Corrections Correction Additional Information Correction No. 1 3150 Breakers Drive: Change from Two Unit Residential (RT) to Single Unit Mapping/scribe's error; Property is at the Residential - Detached (RS-D) boundary of two land use categories and was placed into the wrong category. Affected General Plan Figure: LU14 Correction No. 2 305 La Jolla: Change from Two Unit Residential (RT) to Mapping/scribe's error; Property is at the Single Unit Residential - Detached (RS-D) boundary of two land use categories and was placed into the wrong category. Affected General Plan Figure: LU9 Mapping/scribe's error; The previous General Plan designation was Recreational and Environmental Open Space which allowed both active and passive uses. The marina parking lot and beaches should have been placed in the Parks and Recreation (PR) category consistent with other similar uses. The OS Correction No. 3 category in the current General Plan is Bayshores Marina and Beaches intended to be primarily for resource (2550/2570 Bay Shore Drive): Change protection. from Open Space (OS) to Parks and General Plan Category Descriptions Recreation (PR) Affected General Plan Figure: LU9 Open Space: The OS designation is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources. Parks and Recreation: The PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. General Plan Corrections June 4, 2009 Page 3 Correction Additional Information Mapping error/lack of available data; The property was not in the GIS database in 2006. PF is the appropriate designation for property owned by a public school district. General Plan Land Use Categories Open Space/Residential Village: The OS(RV) designation is intended for the preservation of Banning Ranch as open space, restoration of wetlands and other habitats, development of a community park, and consolidation of oil extraction Correction No. 4 and processing facilities. Newport Mesa Unified School District Site Should the property not be acquired, the (Newport Banning Ranch): Change from designation permits the development of a planned Open Space/ Residential Village [OS(RV)] residential community that integrates a mix of to Public Facilities (PF) single-family detached, single-family attached, two family, and/or multi-family residential, with Affected General Plan Figure: LU8 supporting schools, parks, community services, local-serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan. Public Facilities: The PF designation is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. I Alternatives Should the Planning Commission identify a correction(s) they believe not to be covered by Section 8 of the adopting General Plan resolution, the following alternatives are available: 1. Direct staff to provide more information on that item. 2. Direct staff to begin formal General Plan amendment procedures. General Plan Corrections June 4, 2009 Page 4 3. Retain the land use designation as it appears in the current version of the General Plan. Environmental Review The General Plan EIR covers the identified corrections. The Environmental Impact Report is available for review at the Planning Department. Public Notice No public notice is required other than posting of the agenda. Public notice would be required should it be determined that any of the identified corrections require a general plan amendment. Prepared by: Submitted by: cr/ Greg mir , Senior Manner David Lepo, Ploling Director EXHIBITS 1. Draft resolution (includes Proposed Corrections to Land Use Element Figures 2. City Council Resolution 2006-76 Adopting General Plan Update, dated July 26, 2006 i Exhibit No. 2 City Council Resolution No. 2006-76 RESOLUTION NO.20WT6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT TO COMPREHENSIVELY UPDATE THE CITY'S GENERAL PLAN [PA2006-1951 WHEREAS, Section 65300 et seq., of the California Government Code authorizes cities and counties to prepare long-range, comprehensive guides known as General Pians;and WHEREAS, the City of Newport Beach adopted a General Plan consisting of mandatory and optional elements In 1973 through 1975, consisting of text and maps;and WHEREAS, the last major revision of the City of Newport Beach General Plan was accomplished in 1988, being comprehensive revisionsTo the Land Use and Circulation Elements;and WHEREAS, other elements have been amended and updated from time to time, including the Housing, Noise, and Recreation and Open Space Elements; and WHEREAS, since its original adoption, two optional elements have been added to the General Plan, being the Growth Management and Harbor and Bay Elements;and WHEREAS, the City Council has determined that the existing General Plan, as amended, must be revised to sufficlently address the range and breadth of issues, technological, environmental, economic, and demographic changes that have affected Newport Beach since the plan was adopted; and WHEREAS, subsequent analyses prepared by both the Planning Department and its consultants demonstrated that the City's General Plan required many other technical modifications;and WHEREAS, on May 23, 2000, the City Council initiated the comprehensive revision of Newport Beach's General Plan by establishing the Ad Hoc General Plan Update Committee to guide the process of the General Plan update;and WHEREAS, the City subsequently initiated a wide-ranging, five-year citizen participation program including a comprehensive Vis-coning Program, the on-going participation of the General Pian Advisory Committee and four communitywide workshops, and Page 2 or 8 WHEREAS, the Visioning Program was comprised of a Visioning Festival held on January 12, 2002, nine neighborhood workshops held over successive weeks in March and April, 2002, a newsletter mail-back questionnaire, webske i questions and a statistically valid survey conducted in October, 2002, and the concluding Visioning Summit; and WHEREAS, the General Plan Advisory Committee was established in April, 2001, and was appointed in January, 2002; was comprised of 38 members representing a cross-section of the community; and was involved at all steps in the General Plan Update process, including over 50 meetings and three community-wide workshops;and WHEREAS, Section 707 (a) of the Newport Beach Charter requires the Planning Commission to recommend to the City Council the adoption, amendment or repeal of a Master Pian, or any part thereof, for the physical development of the City;and WHEREAS, Califomia Government Code Section 65353 requires that, I when local regulations have authorized a Planning Commission to review and make recommendations on a proposed General Plan or amendments to a General Plan, the Commission shall hold at least one public hearing before making its recommendation; and WHEREAS, the Planning Commission conducted a series of meetings to ` make recommendations on the project description on which to base the i Environmental Impact Report on the following dates: September 9, 2004 December 9, 2004 May 19,2005 June 9,2005 August 16, 2005—Adjourned Meeting August 30, 2005—Adjourned Meeting November 17,2005 WHEREAS, the Planning Commission also conducted a series of meetings to make recommendations to the City Council on the policies to be included in the various elements of the General Plan on the following dates: March 3,2005 October 4,2005—Adjourned Meeting October 20,2005—Adjourned Meeting October 20,2005 November 29,2005—Adjourned Meeting December 6,2005—Special Meeting January 31, 2006—Adjourned Meeting March 9, 2006 Page 3 of 8 WHEREAS, the Planning Commission considered public testimony in a series of public hearings which were fully noticed as required by California Government Code Section 65080 on the following dates: April 6, 2006 April 20,2006 May 4, 2006 May 18,2006 June 1, 2006—Adjourned Meeting June 15,2006—Special Meeting June 22,2006 July 6,2006 July 13, 2006—Adjourned Meeting July 20, 2006 WHEREAS, the Planning Commission recommended approval of the draft comprehensive General Plan and the accompanying Final Environmental Impact Report;and WHEREAS, the City Council conducted a series of meetings and gave i staff direction on the project description on which to base the Environmental Impact Report on the following dates: September 14, 2004 December 14, 2004—Study Session January 11,2005—Study Session April 24,2005 June 28, 2005—Study Session August 16,2005—Special Meeting August 30, 2005—Adjourned Meeting September 13, 2005 October 4, 2005—Adjourned Meeting WHEREAS, the City Council also conducted a series of meetings and gave staff direction on the policies to be included in the various elements of the General Plan on the following dates: October 4, 2005—Adjourned Meeting October 25,2005—Study Session November 8, 2005 November 22,2005—Study Session November 28,2005—Adjourned Meeting December 7,2005—Special Meeting January 24, 2006—Study Session January 31, 2006—Adjourned Meeting I rf' i Page 4 of 8 WHEREAS, the City Council considered public testimony in a series of public hearings which were fully noticed as required by California Government Code Section 65090 on the following dates: April 11,2006 April 25,2006 May 9, 2006 May 23,2006 June 13, 2006 June 27, 2006 July 11,2006 July 25,2006 NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: A. COMPREHENSIVE GENERAL PLAN SECTION 1. Adoption of Draft General Plan. The City Council HEREBY APPROVES and ADOPTS the comprehensive revision of the Newport Beach General Plan (PA 2006-195, GP2006-005), including text,graphics, and land use map as presented at the public hearing of July 25, 2006. The City Council FURTHER DECLARES as follows: a. Finding of Completeness and Adequacy. The adopted General Plan contains a thorough and adequate treatment of land use and development issues. The General Plan includes all elements mandated by California planning and development law, and three optional elements: Harbor and Bay, Historical Resources, and Arts and Cultural. The existing Growth Management Element has been incorporated into the Circulation Element. b. Promotion of Public Health, Safety, and Welfare. The plan addresses long-term planning needs for the City's public safety services, incorporating new policies regarding police, fire and emergency services protection, coastal hazards, seismic and geologic hazards, flood hazards, fire hazards, hazardous materials, aviation hazards, and disaster 1 preparedness. C. Based on Community Vision. The plan is based on input recelved from residents and property and business owners during the visioning and update processes, and the Vision Statement developed at the culmination of the visioning process. d. Good City Planning Practices. The plan calls for improvements in the handling of new development by requiring a high level of architectural design quality, traffic and transportation management, and other initiatives. The plan increases open space and recreation opportunities, i i i Page 5 of B recommends traffic calming and neighborhood protection strategies, and offers new policies for the first time in the areas of historical resource management, community arts and cultural resources and community design. The plan also increases housing opportunities in close proximity to and within employment centers, which will reduce traffic within the community, reduce vehicle mines traveled and improve jobs/housing balance. The plan provides a strong correlation between the Land Use and Circulation Elements as required by law. It also strengthens protections for environmental resources, including the Upper Newport Bay and other sensitive habitats. e. Improved Traffic Flow. The land use mix and circulation system improvements in the plan result in the generation of fewer trips over the life of the plan than the existing plan, and an improvement in traffic flow and intersection performance. f. Relationship to General'Plan Environmental Determination. It is the intent of the Council that the General Plan update and the Final Environmental Impact Report be seen as integrally related documents. 1. The City Council DECLARES that the issues and concerns analyzed in the Final EIR have been addressed in the General Plan as policies designed to address those issues and concerns. 2. The City Council DECLARES that adoption of this General Plan and Final EIR does not preclude the necessity or requirement for any further environmental review which would normally be conducted in conjunction with project approvals under the City of Newport Beach policies regarding the implementation of the California Environmental Quality Act. SECTION 2. Consistency with Recent Statutes. In adopting this General Plan, the City Council HEREBY FINDS, DETERMINES, and DECLARES that every reasonable effort has been made to incorporate recent legislation into the General Plan. This includes the incorporation of specific provisions, goals, objectives and policies as follows. a. Water. This includes water supplies, stormwater management and groundwater issues as required by recent legislation. b. Social Services and the Homeless. The General Plan, as adopted by Council, contains a series of specific objectives and policies with respect to the provision of social services and the homeless as provided by relevant provisions of State law. C. Environmental Review. The adopted General Pian is consistent with the provisions of Assembly Bill 3180 (1988) in that it incorporates specific 1 Page 6 of 6 mitigation measures directly in the draft General Plan as policy. The Council DECLARES that the Planning Director or his/her designee shall be the primary party responsible for successful completion of the policies specked in the plan, The Planning Department shall file an annual report with the City Council demonstrating progress toward implementation of the plan. d. Housing. The General Plan, through its housing element, provides objectives, quantified targets; and specific policies for development of municipal housing programs consistent with State law. The Housing Element has been previously certified by the Califomia Department of Housing and Community Development, and the updated element will be submitted for their review. The updated housing element contains substantially the same policies as the certified element, but significantly increases the number of sites available for residential development which improves the City's ability to fulfill a level of housing production needed to meet the existing and future RHNA goals for the term of the plan. SECTION 3. Consistency with Regional Plans. The City Council FINDS ' and DECLARES that through its efforts to reduce vehicle trips, promote walkability, preserve and protect critical watercourses and embrace sustainable technologies,the plan is consistent with; a. The regional Air Quality Management Pian of the South Coast Air Quality Management District; b. The Southern Califomia Association of Governments Regional Comprehensive Plan, C. Applicable adopted Airport Land Use Plan for John Wayne Airport. SECTION 4. Public Comment. The City Council AFFIRMS that it considered, to the best of Its ability, all public testimony and all relevant information provided to 1; and that the General Plan adopted by this resolution represents its best effort to accommodate the diverse and competing needs of residents, property owners, and sociat and economic components of the C1y's population and workforce. B. IMPLEMENTATION OF THE PLAN SECTION 5. Effective date- Voter Aooroval. The City Council HEREBY DIRECTS that the General Plan approved by this Resolution shall become effective in its entirety immediately upon voter approval of the Land Use Plan and Land Use Tables adopted as part of the Land Use Element of the General Plan which shall be submitted to the voters on November 7, 2006 as required by section 423 of the Newport Beach City Charter.The City Council may amend any �,L Page 7 of 8 1 section or provision of the General Plan other than a future Initiated major { amendment requiring voter approval pursuant to Charter section 423. I SECTION 6. Notification of Public Agencies: Transmittal of Adopted Plans. The City Council HEREBY DIRECTS the City Clerk to transmit one copy of the approved plan to the following state, regional, and county agencies as provided by law: ' Air Resources Board California Department of Transportation Division of Mines and Geology Department of Housing and Community Development Governor's Office of Planning and Research Southern California Association of Governments Regional Water Quality Control Board, Santa Ana Region South Coast Air Quality Management District Orange County Transportation Authority i County of Orange, Planning and Development Services Department SECTION T. Direction to Pure and Publish. The City Council HEREBY DIRECTS the Planning Director or designee to publish a revised edition of the General Plan containing all final revisions as bound in the copy on file with the Council and presented at the public hearing of July 25, 2005. Copies j of this resolution shall be bound into the final General Plan, SECTION 8. Authority to Incorporate Corrections. The City Council HEREBY DIRECTS that, given the size and complexity of the document, the General Plan text, exhibits, figures and plan map may be corrected without further amendment. This provision applies only to errors of fad, language consistency between elements and policies, calculations and/or scribe's errors. All revisions made pursuant to this section shall be reported to Planning Commission for affirmation. SE TION 9. Annual Report. Consistent with the provisions of State taw, the Planning Department shell file an annual report with the City Council demonstrating the status of the General Plan and its implementation. Upon receipt and action by the City Council, one copy shall be transmitted to the State Office of Planning and Research. SECTION 10. Zoning Ordinance Revisions. The City Council HEREBY DIRECTS the Planning Department to begin the preparation of revised zoning, subdivision and other ordinances necessary to implement the new General Plan. The City Council anticipates that pending adoption of such ordinances, persons may apply for City development permits requiring a finding of consistency with troth the General Plan and zoning regulations. The Planning Commission, Planning Director and Zoning Administrator shall be authorized to consider such I i Page 8 of 8 requests within the limitations of the revised General Plan and existing ordinances. SECTION 11. Primacy of General Plan. The City Council HEREBY FINDS, DETERMINES, and DECLARES that once effective, the revised General Plan represents the City's officially adopted policy for the growth, land use, development, and protection of Newport Beach. Except as provided in section 10, In the event that the General Plan is found to conflict with any City statute, ordinance, policy, rule, regulation, or action, it is the intent of the City Council that the General Plan shall have precedence. SECTION 12. Statement Conceming vested Development Rights. The City Council HEREBY FINDS, DETERMINES and DECLARES that adoption of this General Plan provides no vested rights with respect to any preceding General Plan or zoning ordinance, to any owner of property not expressly protected by an existing development agreement, land use agreement, settlement agreement or similar-tool, reviewed and approved by the City Council prior to the effective date of this plan. i SECTION 13. Severability. The City Council HEREBY FINDS and DECLARES that it has adopted this General Pian in its entirety. In the event that any court of competent jurisdiction declares any part of this General Plan to be i null and void, the remaining portions shall remain in full force and effect. The i City Council declares that it adopted this General Plan as if it had adopted each phrase, sentence and element thereof separately. SECTION 14. Passage and Adoption. The Mayor shall sign,and the City Clerk shall certify to the passage and adoption of this Resolution, and thereupon the same shall take effect and be in force. APPROVED AND ADOPTED this 25s' day of July, 2006, by the City Council of the City of Newport Beads, Califomia. MAYOR ATTEST: CITY CLERK �aBWpb.` 4 � W V G`'RoaNV' STATE OF CALIFORNIA } COUNTY OF ORANGE 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_ 2006-76 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 26th day of duly 2006,and that the same was so passed and adopted by the following vote,to wit: ?dyes: Curry,Selich,Rossnaky,Ridgeway,Daigle,Mayor Webb Noes: Nichola Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and allied the official seal of said City this 20' day of July 2006. J City Clerk Newport Beach,California (seal) s I s' i � 1