HomeMy WebLinkAboutS22 - Initiation of General Plan Amendment for City HallCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S22
September 23, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Attorney's Office
Robin Clauson, City Attorney
949 - 644 -3131, rclauson @ city.newport- beach.ca.us
City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport - beach.ca.us
SUBJECT: Initiation of General Plan Amendment for City Hall on Site Bounded
by Avocado Avenue, the Prolongation of Farallon Drive, MacArthur
Boulevard and the Central Library
ISSUE:
Should the City Council initiate an amendment to the General Plan to implement
Charter Section 425 (Measure B), and change the land use designation on the subject
site from OS Open Space to PF Public Facilities?
RECOMMENDATION:
Adopt a Resolution initiating an amendment to the General Plan to change the land use
designation from OS Open Space to PF Public Facilities on a site described as the
southerly portion of Parcel 3 of Parcel map No. 90 -361, bounded by Avocado Avenue,
the prolongation of Farallon Drive, MacArthur Boulevard and the Central Library.
DISCUSSION:
Background:
Measure B was approved by the voters of Newport Beach on February 5, 2008, adding
Section 425 to the City Charter. This Section states,
Initiation of General Plan Amendment for City Hall
September 23, 2008
Page 2
City Hall, and the administrative offices of the City of Newport Beach, and related
parking, shall be located on and within the 12.82 acres of real property owned by
the City of Newport Beach described as Parcel 3 of Parcel map No. 90 -361 and
bounded by Avocado Avenue on the west, San Miguel Drive on the north,
MacArthur Boulevard on the east and the Central Library on the south.
Further, the initiative addresses Section 425's relationship to the General Plan as
follows:
If any provisions of this initiative conflict with any provision of the City of Newport
Beach General Plan or the City of Newport Beach Municipal Code, the provisions
of this initiative shall supersede any confliction provisions.
To the extent permitted by law, the voters of the City hereby authorize and direct
the City to amend any elements or provisions of the City of Newport Beach
General Plan and City of Newport Beach Municipal Code and all other City
ordinances, policies, and implementation programs or policies as soon as
possible, in order to implement this initiative and to ensure consistency and
correlation between this initiative and other elements of the City of Newport
Beach General Plan and City Municipal Code. This enabling legislation shall be
interpreted broadly to promote the requirement that a general plan constitute an
integrated and consistent document.
Litigation challenging Measure B, (Beek vs. City of Newport Beach, #17CC 12177) was
filed on November 20, 2007 and was dismissed on August 13, 2008. The Orange
County Superior Court, Judge Polos dismissed the lawsuit determining that Measure B
is a valid initiative. Since the Court has cleared the way for the City Council to comply
with the provisions of Charter Section 425, staff is now requesting that City Council
initiate the General Plan amendment as directed by the initiative.
Analysis:
The current designation of the site described in Measure B in the Land Use Element is
OS Open Space. This land use designation is "intended to provide areas for a range of
public and private uses to protect, maintain, and enhance the community's natural
resources." A City Hall facility is not an appropriate use in this designation. The PF
Public Facilities designation is appropriate for City Hall, because it is "intended to
provide public facilities, including public schools, cultural institutions, government
facilities, libraries, community centers, public hospitals, and public utilities."
Initiation of General Plan Amendment for City Hall
September 23, 2008
Page 3
Because the City intends to use only the southerly portion of the site for City Hall and is
preparing a park master plan for the northerly portion, the proposed General Plan
amendment applies only to the portion of the site south of the prolongation of Farallon
Drive. The northerly portion would remain in the OS Open Space designation.
Environmental Review:
Initiation of a General Plan amendment is not a project as defined by CEQA, and no
environmental review is required for this action. Appropriate environmental analysis for
the amendment will be part of the staff report for the public hearing before the Planning
Commission, as well as an analysis of the application of Charter section 423 to the
proposed amendment.
Public Notice:
Public notice is not required for initiation of General Plan amendments. Notice will be
provided in compliance with State law and the Municipal Code for public hearings on the
amendment before the Planning Commission and City Council.
Submitted by:
Robin Clauson
City Attorney
Attachment: Resolution
Sharon Wood
Assistant City Manager
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND USE
ELEMENT CHANGING THE LAND USE DESIGNATION FROM OS OPEN
SPACE TO PF PUBLIC FACILITIES ON A SITE DESCRIBED AS THE
SOUTHERLY PORTION OF PARCEL 3 OF PARCEL MAP NO. 90 -3611
BOUNDED BY AVOCADO AVENUE, THE PROLONGATION OF FARALLON
DRIVE, MAC ARTHUR BOULEVARD AND CENTRAL LIBRARY
WHEREAS, the voters of the City of Newport Beach approved Measure B
on February 5, 2008, adding Section 425 to the City Charter; and
WHEREAS, Section 425 states, "City Hall, and the administrative offices
of the City of Newport Beach, and related parking, shall be located on and
within the 12.82 acres of real property owned by the City of Newport Beach
described as Parcel 3 of Parcel map No. 90 -361 and bounded by Avocado
Avenue on the west, San Miguel Drive on the north, MacArthur Boulevard on
the east and the Central Library on the south;" and
WHEREAS, on May 13, 2008, the City Council approved General
Design Parameters for the site described in Section 425, indicating that the City
Hall location should be limited to the southern portion of the site, south of the
extension of Farallon Drive, and that the remainder should be used as a public
park; and
WHEREAS, the entire site described in Section 425 is designated OS
Open Space in the Land Use Element of the General Plan, and this land use
designation is "intended to provide areas for a range of public and private uses
to protect, maintain, and enhance the community's natural resources;" and
WHEREAS, the land use designation of PF Public Facilities is "intended
to provide public facilities, including public schools, cultural institutions,
government facilities, libraries, community centers, public hospitals, and public
utilities;" and
WHEREAS, Measure B "authorizes and directs the City to amend any
elements or provisions of the City of Newport Beach General Plan ... in order to
implement this initiative and to ensure consistency and correlation between this
initiative and other elements of the City of Newport Beach General Plan...;" and
WHEREAS, City Council Policy K -1 General Plan provides that City -
sponsored amendments to the General Plan shall be initiated by the City
Council;
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Newport Beach hereby initiates an amendment to the Land Use Element of the
General Plan to change the land use designation from OS Open Space to PF
Public Facilities on a site described as the southerly portion of Parcel 3 of Parcel
Map No. 90 -361, bounded by Avocado Avenue, the prolongation of Farallon
Drive, MacArthur Boulevard and the Central Library.
BE IT FURTHER RESOLVED that the City Council directs the Planning
Commission and City Council to hold public hearings on the General Plan
amendment, and the Planning Department to prepare staff reports that contain
information relevant to whether the amendment would require voter approval
pursuant to Charter Section 423.
This Resolution was adopted at a regular meeting of the City Council of the City
of Newport Beach held on September 23, 2008, by the following vote, to wit:
MAYOR
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBE
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
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