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HomeMy WebLinkAbout20 - General Plan ImplementationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 December 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager (949) 644 -3223 swood(&citv.newport- beach.ca. us SUBJECT: General Plan Implementation, Completion of Local Coastal Program and Appointment of an Ad Hoc Implementation Committee ISSUES: 1. Should the City adopt an interim zoning ordinance to implement the land uses and policies of the new General Plan until comprehensive zoning revisions are complete? 2. Should the City allow individual amendments to the Zoning Code and Coastal Land Use Plan (CLOP) prior to comprehensive City amendments for consistency with the new General Plan? 3. Should the City Council form an ad hoc committee to provide direction and oversight on implementing the General Plan and completing the Local Coastal Program? RECOMMENDATION: 1. Provide the Planning Director with direction on an interim zoning ordinance and on individual amendments to the Zoning Code and CLOP. 2. Adopt. Resolution No. 2006- establishing the General Plan /Local Coastal Program. Implementation Committee and sunsetting the General Plan Update Committee, General Plan Advisory Committee, the Local Coastal Program Certification Committee, and the Ad Hoc Committee for Revisions to the Zoning Code. 3. Approve the Mayor's appointment of City Council Members (chair) , , and to the Committee. General Plan Implementation December 12, 2006 Page 2 BACKGROUND: The Implementation Program of the new General Plan calls for the City to review and update the Zoning Code and Planned Community (PC) Development Plans in order to ensure consistency with the Land Use Plan and policies. Implementation will involve drafting new zoning districts, development regulations, guidelines and review processes, as well as zoning reclassifications of specific properties. No time frame was specified in the Implementation Program, but it was estimated that this effort will take a minimum of 12 to 18 months. Resolution No. 2006 -76, adopting the comprehensive update to the General Plan, addresses Zoning Ordinance revisions in Section 10, as follows: The City Council HEREBY DIRECTS the Planning Department to begin 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 both the General Plan and the zoning regulations. The Planning Commission, Planning Director and Zoning Administrator shall be authorized to consider such requests within the limitations of the revised General Plan and existing ordinances. DISCUSSION: During the interim period until the Zoning Code is revised, staff anticipates that property owners will file applications for projects that fall into the following categories, and staff recommends that the City establish a process to deal with each category. 1. Use consistent with existing Zoning Code but inconsistent with new General Plan 2. Use consistent with new General Plan and existing Zoning Code, but subject to new General Plan policies 3. Use consistent with new General Plan but inconsistent with existing Zoning Code, and subject to new General Plan policies Use Consistent with Existinn Zoning, Inconsistent with New General Plan This is the easiest category to resolve, as staff believes that these uses should be prohibited, and existing uses in this category should be considered legal non- conforming. Since a finding of consistency with the General Plan is not required for the issuance of building permits with no discretionary action required, staff .proposes that an interim zoning ordinance prohibit all uses in this category. General Plan Implementation December 12, 2006 Page 3 Use Consistent with. New General Plan and Existing Zoning, Subject to New General Plan Policies This is the category in which most of the City falls, since the General Plan did not make land use changes in the majority of the City. The new General Plan does add many policies that apply to the development of uses in this category, however., The current Zoning Code has no guidelines or discretionary review process to implement the various community character and design and development policies included in the new General Plan. Some of these policies cannot be implemented until a comprehensive zoning revision is complete, but many of them can be implemented immediately if the City adopts an interim zoning ordinance that requires a discretionary review by the Planning Commission to ensure compliance with new General Plan policies. Staff would recommend that single - family and two - family development be exempt from this discretionary review, even though there are new policies for single - family and two- family development, because staff and the Commission would not be able to handle the volume of these applications. The areas of the City with properties in this category are generally the subareas studied in detail in the General Plan. There are subsets to this category, which will be discussed separately. Property Owner Planning Required For any development of Banning Ranch, the General Plan requires a master development or specific plan, which would be prepared by the property owner, with review and approval by the City and the Coastal Commission. Parts of the Airport Area and Newport Center /Fashion Island are governed by Planned Community (PC) Districts. The property owners typically initiate amendments to these regulations, and staff would expect that practice to continue for implementation of the General Plan. PC Development Plans are adopted by ordinance, and the City Council has full legislative discretion in deciding whether to approve them. The new General Plan requires regulatory plans and, in one area, a conceptual design plan before residential development is allowed in the Airport Area. As with PCs, staff expects that the property owners will prepare these plans for City review. Staff does not recommend any immediate City action for this category General Plan Implementation December 12, 2006 Page 4 Coastai Land Use Pian (CLUP) Amendment Required A CLUP amendment, including review and approval by the Coastal Commission, will be required for new land uses in West Newport, Balboa Peninsula and Mariners' Mile. If these amendments proceed as individual applications, staff is concerned that the Coastal Commission would not understand the City's overall plan for the Coastal Zone, which could be detrimental to the individual applications as well as to the City's comprehensive revision. The City cannot prevent property owners from filing applications. However, CLUP amendments are legislative acts over which the City has complete discretion, and the City Council could deny individual amendments until the City's comprehensive CLUP revision is approved by the Coastal Commission. This approach would delay implementation of the new General Plan in the Coastal Zone. No formal action is needed in this regard, but it would be helpful to property owners and staff for the City Council to indicate if individual CLUP amendments are discouraged. individuai Appiications Likeiy If the City Council does not discourage individual amendments to the CLUP, staff expects to receive individual applications for zoning and CLUP amendments in Balboa Peninsula and Mariners' Mile, and for zoning amendments in the Campus Tract of the Airport Area and possibly West Newport and Westcliff. Staff has identified three options for the City Council to consider in this category. 1. Discourage individual zoning and CLUP amendments, and concentrate City resources on comprehensive zoning and CLUP revisions. If the City Council wishes to be consistent with the spirit of Resolution 2006- 76 and consider only applications that are consistent with both the new General Plan and the existing Zoning Code, the Council could discourage individual applications by advising property owners that these will not be priority projects for the staff and that the Council is not likely to consider them favorably. These amendments are legislative acts, and the City has complete discretion on whether to approve them. This approach would avoid the approval of individual projects without full consideration of the best standards for new uses, prevent the creation of inconsistent standards for new uses, and concentrate City resources on more comprehensive planning efforts. 2. Adopt an interim zoning ordinance that provides a temporary review process and criteria to allow the City to approve land uses that are inconsistent with existing zoning, even though consistent with the new General Plan. This could apply Citywide or be limited to areas outside the Coastal Zone. Staff envisions an ordinance that would require a City legislative act for approval, General Plan Implementation December 12, 2006 Page 5 compliance with all new General Plan policies, compliance with all existing zoning regulations that apply to the use (e.g., height), and satisfaction of review criteria such as neighborhood compatibility, bulk and mass, privacy, parking, vehicular and pedestrian access, and public safety. This approach would provide the quickest means of implementing new General Plan uses in limited areas of the City. The requirement for a legislative act to approve applications would retain full City discretion. However, this approach could result in inconsistent individual approvals, and inconsistencies and non - conformities with the ultimate revised zoning. If the Coastal Zone were included, the number of applications could be a challenge for staff, the Planning Commission and City Council, to the detriment of comprehensive implementation of the General Plan in a timely manner. Interim Ordinance Schedule If the City Council directs staff to prepare an interim zoning ordinance for any of the categories discussed in this report, we could schedule it for a hearing before the Planning Commission on January 4, 2007, and before the City Council on January 23, 2007. Implementation Committee Staff would appreciate a committee to provide direction and oversight during the implementation process. This proved successful with the Steering Committee formed by the Planning Commission when the Zoning Code was last comprehensively updated in 1997, and with the Local Coastal Program Certification Committee (LCPCC) established in 2002. With the approval of the new General Plan, revision of the CLUP and completion of the LCP Implementation Plan are interrelated with implementation of the General Plan, and staff believes that both projects should be overseen by the same committee. It is proposed that a new General Plan /Local Coastal Program Implementation Committee consist of three (3) City Council members and three (3) Planning Commission members. The City Council members will be appointed by the Mayor, and the Planning Commission members will be appointed by the Chairman of the Planning Commission. Existing Committees The City Council established the General Plan Update Committee (GPUC) in 2000 and the General Plan Advisory Committee (GPAC) in 2001 to assist in the .preparation and adoption of the General Plan. Having successfully carried out these assignments, both committees can now sunset with the appreciation of the City Council to all current and past members. General Plan Implementation December 12, 2006 Page 6 With City Council concurrence on the proposed new committee, the LCPCC also can sunset with the appreciation of the City Council to all current and past members. In 2005, the City Council established the Ad Hoc Committee for Revisions to the Zoning Code to investigate ways to simplify the Zoning Code as a means to expedite the building permit process. Since this role will be taken up by the General Plan /Local Coastal Plan Implementation Committee, this committee also can sunset with the appreciation of the City Council to all those who served. Environmental Review: None required. Public Notice: No public notice is required other than posting of the agenda. However, staff has provided notice and copies of this report to property owners and their representatives whom we know to be interested in this matter. Prepared by: Sharon Wood Assistant City Manager Attachments: 1. Draft resolution. Submitted by: David Lepo Planning Dire or OC PACIFIC COAST CARDIOLOGY December 12, 2006 Dear Mayor and Members of the City Council: 1,4 /a a 4aO Emanuel Shaoulian, M.D., F.A.C.C. General and lnte taional Cardiology Michael M. Radin, M.D., F-A.C.C. General Cardiology and Electropbystology Farzan Rajput, M.D. General Cardiology and Cardiac MR[f C7 My name is Dr. Emanuel Shaoulian; I have lived and practiced cardiology in Newport Beach for the past twelve years. I am also the owner of the Pacific Coast Imaging Center (3300 West Coast Highway). In 1995, 1 began assembling property, with the purchase of two parcels, along Old Newport Boulevard, with the intention of developing a mixed -use (professional office and residential) project. I established my cardiology practice on the parcel located at 332 Old Newport Blvd. In 1996, 1 retained the services of architect Brion Jeannette to analyze the site and prepare conceptual alternatives. I was informed that if I was able to obtain additional land, the project could be more economically feasible, by being eligible to request a greater floor area ratio (an increase from .5 to .75). later in 1996, 1 acquired a third parcel and new conceptual plans were developed. In 2002 a fourth parcel was purchased, 328 Old Newport, with the intent of including this in the global reconstruction plan. Medical architect, Michael Swain was added to our team and started correspondence with city. In 2003, 1 started my plans and intense preparation for the opening of my new imaging center at 3300. West Coast Highway; Pacific Coast Imaging Center. The imaging center was completed in January of this year. Due to the enormity of this project my attentions were directed elsewhere and therefore slowed down the process of development on Old Newport Blvd. In October of 2006 1 began developing new ideas for the Old Newport Blvd. parcels with a third architect, John Waldron with Withee Malcolm Architects. Mr. Waldron contacted the City Planning staff and was provided the Zoning Code and Specific Plan for the area. However six weeks later after completing new conceptual designs for the site Mr. Waldron was informed that the proposed concept was no longer consistent with the City General Plan. Specifically those properties along Old Newport Blvd. would no longer be able to request a floor area ration of .75, for greater land assembly and mixed -use projects with residential would not be permitted. At my last meeting with architect Brion Jeannette, city manager and city engineers on April 27"' 2006 my original plans were discussed and no mention of significant zoning changes were made. www.pacifccoastcardiology.com 3300 West Coast Highway • Newport Beach, California 92663 • TeL (949) 642 -5513 • Fax: (949) 642 -9479 of C PACIFIC COAST CARDIOLOGY Emanuel Shaoulian, M.D., F.A.C.C. General and Interventional Cardiology Michael M. Radin, M.D., F-A—C.C. General Cardiology and Electr0bynology Farzan Rajput, M.D. General Cardiology and Cardiac MRI f CT For over ten years, I have owned property on Old Newport Boulevard and through my representatives prepared plans, many of which were reviewed by City staff. At no time during this plan development and review process was I informed that the City was considering a significant change to the development potential for my property. To my knowledge, I did not receive notification of the City's intent or the subsequent actions, which have impacted the value of my property. In good faith I have been pursuing alternative options for my property, with periodic reviews from City staff. Throughout this process, I was never informed that the City was considering a change which would prohibit the development concept I was pursuing. Therefore, I request the Council continue this item for further study and considerations of the impacts on small property owners. However, if there is insufficient time to continue discussion on this matter, then would request that the third alternative calling for the formation of an ad hoc committee be the selected action. This will allow me a forum for further discussion and hopefully an amicable solution. Thank you for your consideration. Sincerely, Emanuel Shaoulian, M.D. 3300 West Coast Highway Newport Beach, CA 92663 949.233.6606 mobile 949.642.5513 office www.pacificcoastcardiology.com 3300 West Coast Highway • Newport Reach, California 92663 • Tel: (949) 642 -5513 • Fax: (949) 642 -9479 "RECEIVED AFTER AG NDA PRINTED:" � 712-2(r RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE GENERAL PLAN /LOCAL COASTAL PROGRAM IMPLEMENTATION COMMITTEE AND TERMINATING THE GENERAL PLAN UPDATE, GENERAL PLAN ADVISORY, LOCAL COASTAL PLAN CERTIFICATION, AND ZONING CODE REVISION COMMITTEES WHEREAS, on December 13, 2005, the City Council adopted the Local Coastal Program Coastal Land Use Plan; and WHEREAS, on July 25, 2006, the City Council adopted a comprehensive update of the General Plan, which was approved by the voters on November 7, 2006; and WHEREAS, the Implementation Program of the General Plan calls for a review and update of the Zoning Code, Planned Community (PC) Development Plans and the Coastal Land Use Plan in order to insure consistency with the Land Use Plan and polices; and WHEREAS, implementation of the Coastal Land Use Plan will involve revisions to the Zoning Code; and WHEREAS, implementation of the General Plan includes a variety of additional items, including infrastructure studies, development impact fees, and revisions to City Council Policies; and WHEREAS, the City Council of the City of Newport Beach desires to establish a committee to oversee the process of implementing both the General Plan and the Local Coastal Program; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby establishes the General Plan/Local Coastal Program Implementation Committee, which shall be comprised of three (3) City Council members appointed by the Mayor and three (3) Planning Commission members appointed by the Chair of the Planning Commission. BE IT FURTHER RESOLVED that the Committee is charged with the tasks of developing a work program for the following items and overseeing their progress: 1. Revision of Coastal Land Use Plan 2. Revision of Zoning Code 3. Completion of Local Coastal Program Implementation Plan 4. Study of infrastructure needs associated with development authorized in the General Plan, and establishment of developer impact fees for infrastructure 5. Revision of City Council policies 6. Revision of Building Code 7. Any other means of implementing the General Plan that may be assigned to the Committee by the City Council. BE IT FURTHER RESOLVED that the General Plan Update Committee established by Resolution No. 2001 -17, General Plan Advisory Committee established by Resolution No. 2001- 22, the Loral Coastal Program Certification Committee established by Resolution No. 2002 -6, and the Ad Hoc Committee for Revisions to the Zoning Code established by Resolution No. 2005- 11 are hereby terminated. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on December 12, 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ATTEST: CITY CLERK MAYOR M'- 11 City Council Direction' General Plan Implementation December 12, 2006 In all cases, discussion is re: consistency of Use and Density /Intensity with General Plan and Zoning Consistent with Existing Zoning & Inconsistent with New GP • Interim ordinance to prohibit uses and developments • Grandfather projects with City discretionary approval consistent with GP & Zoning prior to November 7, 2006? Consistent with Existing Zoning & New GP, Subject to New GP Policies • Interim ordinance to require compliance with new GP policies? • Exempt single - family and two - family development? Consistent with New GP, Inconsistent with Existing Zoning, Subject to New GP Policies • No action where property owner must prepare plan • Discourage individual amendments? - Citywide or just Coastal Zone? • Interim ordinance with temporary review process? • Individual amendments without temporary review process?