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HomeMy WebLinkAbout14 - General Plan Implementation - Interim Development Review ProcessCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. LL January 9, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg Ramirez, Senior Planner (949) 644 -3219, gramirez @city.newport- beach.ca.us SUBJECT: General Plan Implementation (PA2006 -277) Resolution Establishing Interim Development Review Process RECOMMENDATION Approve the attached resolution that establishes the Interim Development Review Requirements and Procedures for the implementation of the General Plan. At their meeting of December 12, 2006 the City Council directed staff to prepare a process for the review of projects that are consistent with the General Plan but inconsistent with the Zoning Code. Part of that direction is the requirement that these proposals must be acted upon by the City Council through a legislative action. The proposed Interim Development Review Process as recommended by the Planning Commission is attached in the draft resolution (Exhibit 1). The draft process would require project proponents to request approval of a Code Amendment to apply the Interim Study (IS) Overlay zoning designation (Zoning Code Chapter 20.53) on the property. The applicant would submit a development Study Plan, as required by Chapter 20.53, that establishes all development regulations for the subject property and provides for implementation of General Plan policies. All projects would be required to comply with all applicable density and FAR limitations included in the General Plan. Changes to any existing zoning regulations except height and signage may be proposed. The proposed Study Plan and project justification would be required to demonstrate that the following findings can be made prior to approval: 1. The proposed plan implements and is in compliance with all applicable policies of the General Plan. General Plan Implementation January 9, 2007 Page 2 2. The proposed plan conforms to all applicable design guidelines, such as those included in the Mariner's Mile Design Framework, and any existing Specific Plan regulations and design guidelines. 3. Any change from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. 4. The proposed development and /or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. The draft process also includes required application procedures, including submittal requirements. Finally, the draft process includes language regarding Study Plan approvals to ensure that they are binding on the property owner and to authorize the City to require provisions and/or guarantees to assure compliance with the General Plan and the requirements of the Study Plan. Additionally, the draft resolution does the following: Allows, projects that received City discretionary approval consistent with the General Plan and Zoning code prior to November 7, 2006, to be permitted in accordance with the prior approval. 2. Exempts single -unit and two -unit development with complete applications for plan check prior to April 1, 2007 from meeting new policy requirements included in the recently updated general plan. 3. Requires any single and two unit projects to have obtained tract map approval prior to April 1, 2007. Planninq Commission Discussion At their meeting on January 4, 2007, the Planning Commission voted to recommend that the City Council approve the resolution as recommended by staff. The Planning Commission did, however, discuss the following issues: Whether a resolution is the appropriate mechanism for prohibiting development permitted by the Zoning Code when it is not allowed by the General Plan. Some Commissioners questioned whether an ordinance was the appropriate method to use. General Plan Implementation January 9, 2007 Page 3 2. Concern was expressed in regard to the conforming status of projects approved via the Interim Study Overlay process once the zoning code revision is complete since the regulations ultimately adopted in the Zoning Code revisions may not match those approved by this process. 3. Three Commissioners supported removing the restriction on modifying height limits in the IS process as prescribed in Section 3.6.1 of the resolution. This motion failed by a 3 -3 vote and that restriction remains in the recommended resolution. 4. The Commission discussed the Development Agreement requirement in Section 3.6.2 and whether some sort of threshold should be included so developers know early on in the process whether a DA will be required or not. In the end, the Commission felt comfortable that the Implementation Committee could play a role in determining which projects would require a DA early in the development review process. Environmental Review: Not defined as a project and, therefore, not subject to the requirements of the California Environmental Quality Act. 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: , Gre . Ram' z Senior Planner Attachments: Submitted by: Sharon Wood Assistant City Manager A. Draft Interim Development Review Process Resolution B. Interim Study Overlay District (Chapter 20.53) Attachment A Draft Interim Development Review Process Resolution RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN INTERIM DEVELOPMENT REVIEW PROCESS DURING THE COMPREHENSIVE REVISION OF THE ZONING CODE (PA2006 -277) 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, pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive General Plan Update was placed on the ballot and approved by the electorate at the General Election of November 7, 2007; and WHEREAS, the updated General Plan ( "General Plan ") contains land use regulations inconsistent with those in the existing Zoning Code (Newport Beach Municipal Code Title 20); and WHEREAS, Section 10 of Resolution No. 2006 -76 directs the Planning Department to begin the preparation of revised zoning and other ordinances necessary to implement the new General Plan, accepting that applications will be made before the implementing ordinances are in place; and WHEREAS, Section 11 of Resolution No. 2006 -76 declares the General Plan the officially adopted policy for the growth, land use, development and protection of Newport Beach such that if it is in conflict with any other City ordinance or action the General Plan shall take precedence; and WHEREAS, the City Council desires to provide a method and procedures for the earliest possible implementation of the General Plan during the interim period while the Zoning Code and other ordinances and regulations are being updated for consistency with the General Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1. Primacy of General Plan. Except as otherwise provided in this Resolution, no land use, or density or intensity, of use may be permitted if it is not authorized by the General Plan, regardless of any Zoning Code provision permitting such use, density or intensity. However, projects that received City discretionary approval consistent with the General Plan and Zoning code prior to November 7, 2006, shall be permitted in accordance with prior approval. City Council Resolution No. 2007 -XXX Page 2 of 4 Chapter 20.62, Non - Conforming Structures and Uses, of the Zoning Code remains applicable. Section 2. Implementation of General Plan Policies. All new uses and developments shall comply with applicable policies of the General Plan, to the extent that such policies make specific requirements for new development rather than directing further study or future consideration of new regulations. Single - unit and two -unit development with complete applications for plan check prior to April 1, 2007 shall be exempt from this Section. Single and two- unit development must also have secured any required tract map approval prior to April 1, 2007 to qualify for this exemption. Section 3. Interim Development Review Requirements and Procedures. A. Interim Study Overlay District Purpose. To provide a mechanism and procedures for the City to consider developments and uses allowed by and consistent with the General Plan but inconsistent with the current Zoning Code, during the interim period during which the City revises the Zoning Code to implement the General Plan. 2. When Required. A Zoning Code amendment that applies the Interim Study (IS) Overlay District, pursuant to Chapter 20.53 of the Zoning Code, to a speck property or properties is required for any development or use that is consistent with the General Plan, but does not comply with the Zoning Code. This requirement shall not apply to existing or new Planned Community Districts. B. IS Overlay District Study Plan Requirements Study Plan Required. Any application to apply the IS Overlay District shall include a Study Plan that meets the requirements of Chapter 20.53 of the Zoning Code and establishes development regulations for the subject property. The Study Plan shall, at a minimum, include proposed land uses and development regulations including but not limited to: permitted uses, setbacks, parking space requirements and floor area ratio. Residential density and floor area shall be as provided in the General Plan, and other Property Development Regulations in the Zoning Code may be changed. The following chapters of the Zoning Code shall apply to all IS Overlay Districts, and may not be modified: Chapter 20.62 Nonconforming Structures and Uses, Chapter 20.65 Height Limits and Chapter 20.67 Signs. City Council Resolution No. 2007 -XXX Page 3 of 4 2. Development Agreement Required. At its discretion, the City Council may require that a development agreement accompany any Zoning. Code amendment to apply the IS Overlay District. C. Required Findings The approval of a Study Plan for the purpose of implementing the General Plan shall require that the City Council make the following findings: 1. The proposed plan implements and is in compliance with all applicable policies of the General Plan. 2. The proposed plan conforms to all applicable design guidelines, such as those included in the Mariner's Mile Design Framework, and any existing Specific Plan design guidelines. 3. Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. 4. The proposed development and /or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. D. Application Procedures Code Amendment Initiation and Review. Requests for code amendments to apply the Interim Study Overlay District and review of all requests shall be done in compliance with Chapter 20.94 of the Zoning Code. 2. Notice Requirements. Public Notice for an IS Overlay Code Amendment and Study Plan shall be done in accordance with Chapter 20.94 of the Zoning Code. 3. Application Requirements. Each application shall be accompanied by all materials necessary to demonstrate that the proposed project implements and is in compliance with all applicable policies of the General Plan. The Study Plan must include a detailed written description of and justification for the proposed project. The justification must clearly identify how the project implements and is in compliance with all applicable policies of the General Plan and specifically how it meets the required findings required for Study Plan approval. Additionally, detailed plans depicting all aspects of the project (e.g. site plan, floor plans, elevations, landscape plans, architectural renderings, color and material boards, etc.). The Planning Director may require additional information deemed necessary at his/her discretion. City Council Resolution No. 2007 -XXX Page 4 of 4 E. Approved Study Plans Studv Plan Approval. The approved plan, including the site plan, floor plans, elevations, renderings, and other materials shall be a binding commitment of the specific elements approved for development. The City Council's approval may require the incorporation of provisions into the Study Plan as the City Council deems necessary to assure development and operation of any structures and /or uses is consistent with the General Plan, in accordance with applicable local, state and federal law and in a manner that will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the city. At its discretion, the City Council may require guarantees and evidence that such requirements are being or will be complied with. Any substantial changes to the plan, as determined by the Planning Director, shall require an amendment to the Study Plan and approval by the City Council. APPROVED AND ADOPTED this 9th day of January, 2007, by the City Council of the City of Newport Beach, California. MAYOR ATTEST: CITY CLERK Attachment B Interim Study Overlay District (Chapter 20.53) i CHAPTER 20.53 IS INTERIM STUDY OVERLAY DISTRICT Sections: Page 20.53 IS Overlay District 20.53.010 Specific Purposes 20.53.020 Initiation and Study Plan 20.53.030 Districting Map Designator 20.53.040 Interim Study Overlay District: Land Use Regulations 20.53.050 Interim Study Overlay District: Property Development Regulations 20.53.060 Expiration and Renewal 20.53.010 Specific Purposes The Interim Study (IS) Overlay District allows discretionary review of development proposals in areas where changes in land use designations and/or zoning regulations are contemplated or under study. 20.53.020 Initiation and Study Plan The IS Overlay District may be initiated as a zoning amendment prescribed by Chapter 20.44. Prior to approving an amendment reclassifying land to an IS Overlay District, the Planning Commission and City Council shall approve a study plan that identifies regulatory problems and states land use and development issues to be resolved for the area proposed for reclassification. 20.53.030 Districting Map Designator The IS Overlay District may be combined with any base district. Each IS Overlay District shall be shown on the Districting Map with an " -IS" designator, numbered and identified sequentially by order of enactment and reference to the enacting ordinance. 20.53.040 IS Overlay District: Land Use Regulations A. Use Permit Required. Approval of a use permit shall be required for establishment of a new or expanded use in an IS Overlay District if the use is not one that is addressed within the study plan for the IS Overlay District, and may be approved for any use classification permitted or conditionally permitted in the base district with which the IS District is combined. Page 20.53 IS Overlay District B. Required Findings. In addition to the findings required for use permits by Chapter 20.91, and additional findings that may be required for specific use classifications, approval of a use permit in the IS Overlay District shall require a finding that the proposed use will not conflict with the land use and development policies established for the area at the time the IS Overlay District was adopted. 20.53.050 IS Overlay District: Property Development Regulations Property development regulations required shall be as specified in the use permit; provided, however, that in no event shall any building exceed the height limit specified in Chapter 20.65, nor shall floor area or building bulk exceed the limits specified in Chapter 20.63. 20.53.060 Expiration and Renewal An ordinance establishing an IS Overlay District shall contain a provision terminating the IS:: . designation one to five years from its effective date. An ordinance establishing an IS Overlay District may be amended, reenacted, or superseded by an amendment adopted as prescribed by Chapter 20.94.