HomeMy WebLinkAboutCity Hall GPA (PA2008-182)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 6, 2008 Meeting
Agenda Item No. 3
SUBJECT: City Hall GPA (PA2008 -182)
1300 Avocado Avenue
■ General Plan Amendment 2008 -009
APPLICANT: City of Newport Beach
PLANNER: Patrick J. Alford., Planning Manager
(949) 644 -3235, pa Ford aCDcity.newport- beach. ca. us
PROJECT SUMMARY
An amendment to the General Plan to change the land use category from Open Space
(OS) to Public Facilities (PF) on 6.5 acres generally bounded by Avocado Avenue,
MacArthur Boulevard, the Central Branch of the Newport Beach Public Library, and the
eastern prolongation of the centerline Farallon Drive. The amendment will limit land uses
of the subject property to the administrative offices of the City of Newport Beach pursuant
to Section 425 of the Charter of the City of Newport Beach.
RECOMMENDATION
1) Conduct a public hearing; and
2) Recommend approval of General Plan Amendment 2008 -009 to the City Council
2
VICINITY MAP
GENERAL
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Subject
Property
City Hall GPA
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ZONING
OR
ON -SITE
Open Space (OS)
Newport Village Planned
Community PC -27
Vacant, undeveloped land
NORTH
Open Space (OS)
Newport Village Planned
Vacant, undeveloped land
Community PC -27
SOUTH
Public Facilities (PF)
Newport Village Planned
public library
Community PC -27
EAST
Single -Unit Residential
Single - Family
Residential /B Overlay
Single -unit residential
Detached (RS -D)
District R -1 -131
WEST
Regional Commercial
Corporate Plaza Planned
Commercial offices
Office (CO -R)
Communitv (PC -17)
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Background:
On February 5, 2008, the voters of Newport Beach approved Measure B, which
amended the City Charter to require that City Hall be located on and within the 12.82
acres bounded by Avocado Avenue, San Miguel Drive, MacArthur Boulevard, and the
Central Branch of the Newport Beach Public Library, (the "property").
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
On September 9, 2008, the City Council initiated an amendment to the General Plan to
change the land use category on the property from Open Space (OS) to Public Facilities
(PF) in order to implement Charter Section 425.
Section 425 of the City's Charter designates the property as the site that the City
Council shall develop for a new City Hall facility. This proposed General Plan
amendment will change the land use designation for the area of the property located
between the Central Library and the eastern prolongation of the centerline Farallon Drive
to site the City Hall facilities, (the "City Hall site "). The current Land Use Element
designation of the property is Open Space (OS). The OS designation is "intended to
provide areas for a range of public and private uses to protect, maintain, and enhance
the community's natural resources." Development intensity is limited to "incidental
buildings, such as maintenance equipment and supply storage." A City Hall facility
would be inconsistent with this designation.
The proposed Public Facilities (PF) designation is "intended to provide public facilities,
including public schools, cultural institutions, government facilities, libraries, community
centers, public hospitals, and public utilities." Therefore, it is the appropriate land use
designation for the City Hall site.
The area north of the City Hall site is proposed to be developed as a passive park and
will remain in the OS designation.
The Proposed Amendment
The proposed amendment will revise figures and a table in the General Plan to reflect a
change in the land use category of the City Hall site from Open Space (OS) to Public
Facilities (PF).
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The following General Plan figures (Exhibits 2 -6) will be revised to depict the new land
use category:
■ Figure LU1 (General Plan Overview Map)
■ Figure LU2 (Index Map)
■ Figure LU13 (Statistical Areas F1, L1, L2, M1 -M5)
■ Figure LU21 (Newport Center /Fashion Island)
■ Figure H2 (Newport Center /Fashion Island)
The proposed amendment will also revise Table LU2 (Anomaly Locations). Table LU2
provides additional development information for specific properties. A new "Anomaly
Number" (No. 75) will be added that will include a restriction that development be limited
to "City Hall, and the administrative offices of the City of Newport Beach, and related
parking, pursuant to Section 425 of the City Charter" (see Exhibit 7).
No revisions are proposed that would change the OS designation of the rest of the
property or its designation as a passive park.
Charter Section 425 and the General Plan
Voter approval of Measure B (City Hall in the Park) earlier this year added Section 425
to the City Charter. Charter 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.
Measure B addresses Charter 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 conflicting provisions.
To the extent permitted by law, the voters of the City hereby authorize and direct
i and City of Newport Beach Municipal Code and all other City
policies, and implementation programs or policies as soon as
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.
This General Plan consistency provision of the initiative directs a General Plan
amendment "as soon as possible" to implement Charter Section 425. Although Charter
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Section 425 would supersede any inconsistencies with the General Plan, this provision
of Measure B is clearly intended to require a General Plan amendment in order to
provide consistency between the City Charter and the General Plan.
Charter Section 425's Relationship to Charter Section 423 (Measure S)
Charter Section 423 requires that a "major amendment" to the General Plan be
approved by the voters. A "major amendment" is defined as a change in allowed uses
that exceed any of the following thresholds within a General Plan Statistical Area, either
individually, or cumulatively over a 10 -year period:
■ 100 peak hour trips
■ 100 dwelling units
■ 40,000 square feet of floor area
The proposed amendment is not subject to Charter Section 423 because any increase
in vehicle trips or intensity from the City Hall facility will not result from the proposed
amendment. Rather, these increases in traffic and intensity will result from and have
been mandated by the voter approval of Measure B and the resulting addition of Charter
Section 425. The proposed amendment is merely an administrative act necessary to
comply with Section 425 and is not subject to voter approval.
Amendment to the Newport Village Planned Communi
This item was noticed as a proposed amendment to the General Plan and the Newport
Village Planned Community. However, it was determined that the amendment to the
Planned Community development plan should be deferred until the design and project
description for the City Hall facility have been determined.
ENVIRONMENTAL REVIEW
This project qualifies for an exemption from environmental review pursuant to Section
15268 (Ministerial Projects) of the Implementing Guidelines of the California Environmental
Quality Act (CEQA). "Ministerial" describes a governmental decision involving little or no
personal judgment by the public official as to the wisdom or manner of carrying out the
project. The public official merely applies the law to the facts as presented but uses no
special discretion orjudgment in reaching a decision.
The CEQA Guidelines provide that the determination of what is "ministerial" can most
appropriately be made by the particular public agency involved based upon its analysis of
its own laws and can be made on a case -by -case basis. The proposed amendment is a
ministerial act because 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...." The proposed
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amendment to the General Plan Land Use Element is carrying out the will of the voters.
Therefore, it does not require special discretion or judgment by the Planning Commission.
Once the design and project description are chosen in late 2008, future consideration of
any approvals for the physical development of the City Hall facility and the park will be a
discretionary project and will be subject to CEQA. An Environmental Impact Report (EIR)
will be prepared prior to any subsequent discretionary actions on the development of the
City Hall facility.
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site including the applicant, and posted on the
subject property at least 10 days prior to this hearing consistent with the provisions of
the Municipal Code. Additionally, the item was shown on the agenda for this meeting,
which was posted at City Hall and on the City website.
Prepared by/:
Patrick J. Alford
Planning Manager
EXHIBITS
Submitted by:
1. Draft resolution
2. Figure LU1 (General Plan Overview Map)
3. Figure LU2 (Index Map)
4. Figure LU13 (Statistical Areas F1, L1, L2, M1 -M5)
5. Figure LU21 (Newport Center /Fashion Island)
6. Figure H2 (Newport Center /Fashion Island)
7. Table LU2 (Anomaly Locations)
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