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HomeMy WebLinkAbout15 - Referendum Petition for Resolution 2016-127�CITY OF Q SEW RT �z NEWPORT BEACH City Council Staff Report February 28, 2017 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk PHONE: 949-644-3005 TITLE: Petition for Referendum of Resolution No. 2016-127 Relating to the Museum House Residential Project ABSTRACT: On December 21, 2016, the community group Line in the Sand filed a referendum petition with the City of Newport Beach (City) relating to City Council Resolution No. 2016-127. Resolution No. 2016-127 approved a General Plan Amendment and certain California Environmental Quality Act (CEQA) documents for the Museum House Residential Project. The City Council now has the option to repeal Resolution No. 2016-127 in its entirety (and the related approvals) or schedule this item for a public vote. RECOMMENDATION: a) Determine this action is exempt from the CEQA pursuant to CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review. Alternatively, if the City Council decides to submit Resolution No. 2016-127 to the electorate, determine this action is exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Repeal Resolution No. 2016-127 in its entirety (and the related approvals) by waiving full reading, directing the City Clerk to read by title only, introducing Ordinance No. 2017-3, An Ordinance of the City Council of the City of Newport Beach, California, Repealing All Approvals for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152), and passing to second reading on March 14, 2017; OR c) Direct the City Clerk to return at a future City Council meeting with resolutions calling for an election to submit Resolution No. 2016-127 to the electorate. 15-1 Petition for Referendum of Resolution No. 2016-127 Relating to the Museum House Residential Project February 28, 2017 Page 2 FUNDING REQUIREMENTS: A special election was not anticipated in the City Clerk's FY 2016/17 budget. In the event the City Council calls a special election for a vote on the referendum, the City Clerk will return to the City Council to request additional appropriation to cover the election costs, if needed. Exact costs for the special election are not available at this time; however, depending upon the attachments that are mailed to the voters, the cost may range from hundreds of thousands to millions of dollars. DISCUSSION: On November 29, 2016, the City Council approved Resolution No. 2016-127, which approved General Plan Amendment No. GP2015-001 which changed the land use designation for property located at 850 San Clemente Drive from Private Institutional (PI) to Multi -Unit Residential (RM - 100) and adopted CEQA facts and findings and a statement of overriding considerations for the Museum House Residential Project. Following the approval of Resolution No. 2016-127, a community group, Line in the Sand, circulated a referendum petition challenging the resolution. On December 21, 2016, the referendum petition was submitted to the City. In accordance with the City Charter and California Elections Code, the City Clerk received and examined the referendum petition. On January 25, 2017, the Orange County Registrar of Voters confirmed that the petition contained the requisite number of valid signatures of electors of the City of Newport Beach to qualify the petition for an election and the City Council accepted the certificate at its February 14, 2017 City Council meeting. The cost of verification of signatures on the referendum petition was approximately $22,400. The effect of the certification is that (i) the effective date of Resolution No. 2016-127 (General Plan Amendment No. GP2015-001), is suspended, and (ii) the City Council is required to reconsider Resolution No. 2016-127 (General Plan Amendment No. GP2015-001), pursuant to Elections Code Section 9237. In reconsidering Resolution No. 2016-127, the City Council must either: 1. Repeal Resolution No. 2016-127 and other related approvals and actions; or 2. Submit Resolution No. 2016-127 to a vote of the electorate either at (a) the next General Municipal Election (November 6, 2018), or (b) a Special Election ordered for such purpose and held at least 88 days after the date of such order (Elections Code Section 9241). Repealing Resolution No. 2016-127 and Related Actions If the City Council repeals Resolution No. 2016-127 (General Plan Amendment No. GP2015-001) or if the City Council orders an election and a majority of the voters at said election do not vote in favor of the subject resolution, the resolution cannot be readopted by the City Council for a period of one year after the date of repeal by the City Council or disapproval of the resolution by the voters (Elections Code Section 9241). 15-2 Petition for Referendum of Resolution No. 2016-127 Relating to the Museum House Residential Project February 28, 2017 Page 3 If it is the desire of the City Council to repeal all of the Museum House Residential Project approvals and related actions, the City Council may introduce Ordinance No. 2017-3 (Attachment A) which, upon its effective date, would repeal the following City Council actions: a) Certification of Final Environmental Impact Report No. ER2016-002 and approval of a Mitigation Monitoring and Reporting Program (Resolution No. 2016-126); b) Approval of General Plan Amendment No. GP2015-001 and adoption of California Environmental Quality Act Facts and Findings and a Statement of Overriding Considerations (Resolution No. 2016-127); c) Approval of Site Development Review No. SD2016-001 and revocation of Use Permit No. UP2005-17 and Modification Permit No. MD 2004-059 related to the Orange County Museum of Art (Resolution No. 2016-128); d) Approval of Tentative Tract Map No. NT2016-001 (Resolution No. 2016-129); e) Approval of Traffic Study No. TS2015-004 (Resolution No. 2016-130); f) Adoption of a Planned Community Development Plan No. PC2015-001 that amends the San Joaquin Plaza Planned Community (PC 19) (Ordinance No. 2016-23); and g) Approval of Development Agreement No. DA2016-001 (Ordinance No. 2016-24). Calling an Election If the City Council chooses to call an election for the voters to consider Resolution No. 2016-127 (General Plan Amendment No. GP2015-001), the election may be consolidated with the next General Municipal Election on November 6, 2018, or the Statewide Primary Election (Non -Presidential) to be held on June 5, 2018; or the election would be a stand-alone Special Election to be held after 88 days from calling the election. The approximate cost of placing the referendum on the ballot for the various elections may be as follows: November 2018 General Election: approx. $ 95,000 Statewide Primary Election: approx. $120,000 Stand -Alone Special Election: approx. $300,000 It is the City staff's opinion that the exhibits are not required to be printed in the Sample Ballot; however, if printed, the estimated costs are as follows: November 2018 General Election: approx. $4.1 million Statewide Primary Election: approx. $4.2 million Stand -Alone Special Election: approx. $4.3 million 15-3 Petition for Referendum of Resolution No. 2016-127 Relating to the Museum House Residential Project February 28, 2017 Page 4 If the City has other elections scheduled for either the November 2018 General Municipal Election or the Statewide Primary Election, (e.g. City Council Member elections), the estimates include the costs for those races. Additionally, the cost of either the November 2018 General Municipal Election or the Statewide Primary Election is also dependent upon the number of other cities holding consolidated elections. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the CEQA pursuant to CEQA Guidelines Section 15270, which states that projects that a public agency rejects or disapproves are not subject to CEQA review. Alternatively, if the City Council decides to submit Resolution No. 2016-127 to the electorate, determine this action is exempt from CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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). ATTACHMENT: Attachment A — Ordinance No. 2017-3 15-4 ATTACHMENT A ORDINANCE NO. 2017-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING ALL APPROVALS FOR THE 100 -UNIT MUSEUM HOUSE RESIDENTIAL PROJECT LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) WHEREAS, an application was filed by Related California Urban Housing, LLC (Applicant) with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach (City), County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County; WHEREAS, the project includes demolition of the existing 23,632 -square -foot Orange County Museum of Art building to accommodate the development of a 25 -story, 100 -unit residential condominium building with two levels of subterranean parking; WHEREAS, a public hearing was held on November 29, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place, and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, the City Council adopted resolutions certifying Environmental Impact Report No. ER2016-022 and approving a Mitigation Monitoring and Reporting Program; approving General Plan Amendment No. GP2015-001 and adopting California Environmental Quality Act (CEQA) Facts and Findings and a Statement of Overriding Considerations; approving Site Development Review No. SD2016-001 and revoking Use Permit No. UP2005-017 and Modification Permit No. MD2004-059; approving Vesting Tentative Tract Map No. NT2016-001; and approving Traffic Study No. 2015-004; WHEREAS, the City Council introduced ordinances approving Planned Community Development Plan No. PC2015-001 and Development Agreement No. DA2016-001 and, passed said ordinances to a second reading on December 13, 2016; WHEREAS, on December 13, 2016 the City Council conducted second readings and adopted the proposed ordinances approving Planned Community Development Plan No. PC2015-001 and Development Agreement No. DA2016-001; WHEREAS, subsequent to the City Council's adoption and approval of the project's documents, a group of residents circulated and turned in a referendum petition challenging the project's approval; 15-5 Ordinance No. 2017-3 Page 2 of 4 WHEREAS, City Charter Section 1003 provides for the City to follow the California Elections Code for the processing of referendums; WHEREAS, the City Clerk working in conjunction with the Orange County Registrar of Voters verified and certified the requisite number of signatures were obtained for the referendum petition under California Elections Code Section 9240; WHEREAS, California Elections Code Section 9241 provides the City Council with the option of repealing the resolution subject to the referendum in its entirety or submitting the resolution to the voters either at the next regular municipal election or at a special election called for the purpose; and WHEREAS, the City respects the will of its residents and desires to avoid the expenses associated with an election by repealing the resolution and associated project approvals in their entirety. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby repeals, in its entirety, Resolution No. 2016- 126, A Resolution of the City Council of the City of Newport Beach, California, Certifying Environmental Impact Report No. ER2016-002 and Approving a Mitigation Monitoring and Reporting Program for the Museum House Project Located at 850 San Clemente Drive (PA2015-152). Section 2: The City Council hereby repeals, in its entirety, Resolution No. 2016- 127, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2015-001 to Change the Land Use Designation from Private Institutional (PI) to Multi -Unit Residential (RM -100), for a 100 -Unit Residential Project Located at 850 San Clemente Drive and Adopting California Environmental Quality Act Facts and Findings and a Statement of Overriding Considerations Regarding the Museum House Residential Project (PA2015-152). Section 3: The City Council hereby repeals, in its entirety, Resolution No. 2016- 128, A Resolution of the City Council of the City of Newport Beach, California, Approving Site Development Review No. SD2016-001 for the 100 -Unit Museum House Residential Project and Revoking Use Permit No. UP2005-017 and Modification Permit No. MD2004- 059 Related to the Orange County Museum of Art Located at 850 San Clemente Drive (PA2015-152). 15-6 Ordinance No. 2017-3 Page 3 of 4 Section 4: The City Council hereby repeals, in its entirety, Resolution No. 2016- 129, A Resolution of the City Council of the City of Newport Beach, California, Approving Tentative Tract Map No. NT2016-001 for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152). Section 5: The City Council hereby repeals, in its entirety, Resolution No. 2016- 130, A Resolution of the City Council of the City of Newport Beach, California, Approving Traffic Study No. TS2015-004 for the 100 -Unit Museum House Residential Project Located at 850 San Clemente Drive (PA2015-152). Section 6: The City Council hereby repeals, in its entirety, Ordinance No. 2016- 23, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Planned Community Development Plan No. PC2015-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 San Clemente Drive (PA2015-152). Section 7: The City Council hereby repeals, in its entirety, Ordinance No. 2016- 24, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2016-001 for the 100 -Unit Museum House Multi -Family Residential Project Located at 850 San Clemente Drive (PA2015-152). Section 8: The recitals provided in this ordinance are true and correct and are incorporated into the operative part of this ordinance. Section 9: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270, projects which a public agency rejects or disapproves are not subject to CEQA review. Section 10: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 11: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. 15-7 Ordinance No. 2017-3 Page 4 of 4 Section 12: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of February 2017, and adopted on the 14th day of March, 2017, by the following vote, to -wit: AYES, CQUNCILMEMBERS NOES, CQUNCILMEMBERS ABSENT CQUNCILMEMBERS KEVIN MULDOON, MAYOR ATTEST: LE'ILANI I. BROWN, CITY CLERK APPROVED A5 TO FORM: CITY TTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 15-8