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HomeMy WebLinkAbout19 - Land Use Element, CLUP, Zoning Code, Zoning Map & Budget Amendments�EW�oR> CITY OF NEWPORT BEACH CqC /F00.NP City Council Staff Report Agenda Item No. 19 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director APPROVED: p," TITLE: Initiate Amendments to the Land Use Element, Coastal Land Use Plan, Zoning Code, and /or Zoning Map and Budget Amendment to Transfer Funds from the Unappropriated General Fund to an Expenditure Account (PA2013 -098) ABSTRACT: The General Plan Land Use Element warrants an amendment to adjust the development potential in specific areas of the City and to create policies recognizing and supporting the City's Neighborhood Revitalization Projects. The land use changes are anticipated to either reduce total vehicle trips citywide or result in no change to total vehicle trips citywide. However, it is expected that voter approval of this General Plan amendment will be required. RECOMMENDATION: 1. Initiate an amendment of the General Plan Land Use Element, as well as companion amendments to the Coastal Land Use Plan, Zoning Code, and /or Zoning Map; 2. Establish the 2013 Land Use Element Amendment Advisory Committee; and 3. Approve a Budget Amendment to increase expenditure appropriations in the Planning Division's Professional & Technical Account, 2710 -8080, by $500,000 from General Fund unappropriated fund balance. FUNDING REQUIREMENTS: The amendment process will be a concentrated effort to be conducted within a timeframe that allows the proposed amendment to be considered by the voters in November 2014. To assist staff in the process, a consultant will be retained. The 1 Initiate Amendment to Land Use Element and Companion Documents and Budget Amendment May 28, 2013 Page 2 consultant will draft the environmental document, support the Advisory Committee, and facilitate public outreach efforts. The Community Development Department will oversee the project and the consultant, but significant support will be required of the Public Works Department and the Office of the City Attorney. The estimated cost of the consultant services is $500,000 and may be funded through the City's General Fund unappropriated fund balance. The Budget Amendment increases expenditure appropriations by $500,000 in 2710- 8080, Professional & Technical Services in FY12 -13. DISCUSSION: Since adoption of the 2006 General Plan and 2010 Zoning Code, a need has become apparent to amend the Land Use Element to adjust the development potential in certain statistical areas of the City to reflect what will not be developed, as well as to create additional development opportunities in areas where there is interest and need. The City has been approached by various property owners regarding the limitations of the Land Use Element, and staff recognizes that certain areas may benefit from reallocation of un -built building intensity and /or residential units from other areas within the community. It is anticipated that the cumulative scope of these building intensity and residential unit adjustments will require consideration by the voters, as required in the City's Charter Section 423. Provided below is a list of potential amendments for consideration: 1. Decrease un- built, entitled hotel rooms in Newport Coast; 2. Increase residential units and non - residential building square footage potential in Newport Center; 3. Decrease un -built non - residential building square footage potential from various areas of the City. 4. Increase nonresidential building square footage in Mariner's Mile, Lido Village and /or West Newport; 5. Include appropriate policies to recognize and support the recent Neighborhood Revitalization efforts; and 6. Other amendments as determined by the Advisory Committee. The amendments listed above would result in an increase in development potential in some areas of the city, while reducing development potential in others. It is anticipated that the land use changes will, on a citywide basis, reduce overall vehicles trips or that vehicle trips will remain the same on a citywide basis. 2 Initiate Amendment to Land Use Element and Companion Documents and Budget Amendment May 28, 2013 Page 3 The City Council- initiated amendments merely direct staff to commence the process which will ultimately result in public hearings before the Planning Commission and City Council. Initiation of the process does not have any binding effect on future decisions, and the amendments may ultimately change based upon additional analysis, public input, or direction from the Planning Commission and City Council. Staff has prepared the following tentative timeline for the project. Process and Timeline Council Approves Consultant Agreement July 9, 2013 Advisory Committee /Public Outreach July to Oct 2013 Finalize Project Description/ Environmental Review September to December 2013 Draft EIR — Public Review January 15 — March 2014 PC & CC Public Hearings May — June 2014 City Council Adoption June 2014 Voter Consideration November 2014 Amendments to the Coastal Land Use Plan, Zoning Code and /or Zoning Map are also anticipated and will be processed at the proper time. This process will also require amendments to affected development agreements, such as the agreements for North Newport Center and Newport Coast. Only the amendment to the Land Use Element requires voter approval. ENVIRONMENTAL REVIEW: The City Council's initiation of amendments to the Land Use Element, Coastal Land Use Plan and Zoning Code /Map is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the initiation has no potential to have a significant effect on the environment. No final action on the proposed amendments will be taken and the initiation of the amendments does not have any legally binding effect upon future consideration of the amendments themselves. Environmental review will be conducted prior to the consideration and potential approval of any amendment. 3 Initiate Amendment to Land Use Element and Companion Documents and Budget Amendment May 28, 2013 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: / & z Rimberly .0,-. Director Attachments: 1. Resolution Establishing the 2013 Land Use Element Amendment Advisory Committee 2. Budget Amendment 4 Attachment No. CC 1 Resolution Establishing the 2013 Land Use Element Amendment Advisory Committee 5 0 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE 2013 LAND USE ELEMENT AMENDMENT ADVISORY COMMITTEE WHEREAS, the Newport Beach General Plan was adopted in 2006 and evaluation of development potential specified in the General Plan is warranted; and WHEREAS, the amendment process would benefit from guidance of an advisory group to provide policy direction and as a forum for communication with the public. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1. The 2013 Land Use Element Amendment Advisory Committee is hereby created and enabled to provide guidance in amending the Land Use Element. SECTION 2. The Committee shall be made up of seven (7) members consisting of two (2) City Council members, two (2) Planning Commissioners, and three (3) at -large members of the community. SECTION 3. The full description of the Committee is set forth in Exhibit A, which is incorporated by reference. SECTION 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of May, 2013. Keith Curry, Mayor ATTEST: Leilani I. Brown, City Clerk 7 Exhibit A LAND USE ELEMENT ADMENDMENT ADVISORY COMMITTEE AUTHORIZATION: Established by Resolution No. 2013- adopted on 2013. MEMBERSHIP: Two members of the City Council, one who shall Chair the Committee. Two members of the Planning Commission. Three community representatives selected at- large. All appointments are made by the Mayor and ratified by the City Council. City staff support shall come from the Community Development Department, Public Works Department, and others as needed. TERM: Term ends December 31, 2013. MEETS: The Committee shall meet regularly with the schedule determined by the Committee. PURPOSE & RESPONSIBILITIES: A. Formulate and review potential amendments to the General Plan Land Use Element. B. Act as a forum for the public to become informed of potential amendments and to provide input. C. Analyze and consider stakeholder input regarding specific areas of the City to determine the need for amendments. D. Such other matters as directed by the City Council. R City of Newport Beach NO. BA- 13BA -045 BUDGET AMENDMENT 2012 -13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $500,000.00 Increase in Budgetary Fund Balance Pq Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations in the amount of $500,000 for consultant services to initiate amendments to the Land Use Element, Land Use Plan, Zoning Code, and /or Zoning Map for voter approval November 2014. Funds will come from General Fund Unappropriated Fund Balance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (360 1) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $500,000.00 $500,000.00 S -a-1 -I Date 1;M13 Date Date Description Division Number 2710 Planning /Economic Development Account Number 8080 Services- Professional & Technical NOC Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Aut Signed: G " -C Financial Approval: Finance Du Signed: Admin stratlue Approval: City Manager Signed: City Council Approval: City Clerk $500,000.00 S -a-1 -I Date 1;M13 Date Date