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Home My WebLink AboutGPA Initiation (PA2004-041)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 2 April 8, 2004 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Assistant Planner (949) 644 -3209 imurillo citv.newaort- beach.ca.us SUBJECT: General Plan Amendment Initiation No. 2004 -001 Planned Community Development Plan Amendment No. 2004 -001 (PA2004 -041) INITIATED BY: City of Newport Beach INTRODUCTION: As directed by Housing Element Program 3.2.3 and as required by the State Department of Housing and Community Development, a General Plan Amendment needs to be initiated to change the land use designation from Recreation and Environmental Open Space to Multi - Family Residential for the property located at the northerly corner of San Miguel Drive and MacArthur Boulevard. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation of Area 2 from Open Space to Multi - Family Residential. RECOMMENDATION: Staff recommends that the proposed General Plan Amendment and Planned Community Development Plan Amendment be forwarded to the City Council with a favorable recommendation and requests the adoption of the attached resolution. DISCUSSION: This General Plan Amendment needs to be initiated as required by Housing Program 3.2.3 of the City's recently adopted Housing Element (adopted August 2003). The Program mandates that the City initiate a change of zone within one (1) year of the certification of the Housing Element to allow for the development of senior residential units on the subject site. Avocado/ MacArthur GPA April 8, 2004 Page 2 of 3 Since the Housing Element identifies the subject site as a potential site to meet the City's Regional Housing Needs Allocation (RHNA) for lower- income individuals, the State Department of Housing and Community Development (HCD) conditioned the certification of the Housing Element based on the.effective and timely implementation of Housing Program 3.2.3. Specifically, HCD requires the City to report the status of rezoning the Avocado/ MacArthur site by November 2004 and that if the report reveals that development has not proceeded with densities sufficient to accommodate housing affordable for lower- income households, the element would no longer identify adequate sites and require further modification. It should be noted that, although the General Plan and Planned Community Development Plan amendments will not directly result in the construction of new units, the City will be able to demonstrate to HCD that implementing efforts are underway. In order to ensure consistency between the General Plan and zoning regulations, a Planned Community Development Plan amendment is required to allow senior affordable housing units in the Newport Village Planned Community Development Plan, a use which is currently not permitted. Site Overview The 3.5 acre site is located northerly of San Miguel Drive, southerly of San Joaquin Hills Road, easterly of Avocado Avenue, and westerly of MacArthur Boulevard. The site is currently vacant and has been previously disturbed due to grading and vegetation removal. Surrounding Land Uses The land uses surrounding the subject property are: Northerly: Transit Facility Southerly: Open Space Westerly: Commercial (Block 400 Newport Center) Easterly: Residential A General Plan land use map depicting the land use designation of the subject property and surrounding properties has been included as Attachment B. Environmental Review: A request to initiate a General Plan Amendment is considered a feasibility or planning study by staff, which is statutorily exempt pursuant to Section 15262 of the Implementing Guidelines for the California Environmental Quality Act. Public Notice Notice is not required for a request to initiate a General Plan Amendment. Should the request be approved by the City Council, the subsequent application will require noticed Avocado/ MacArthur GPA April 8, 2004 Page 3 of 3 public hearings at the Planning Commission and City Council. However, this item was included on the agenda for this meeting, which was posted at City Hall and on the City's web site. Prepared by: Jaime Murillo, Assistant Planner Attachments: A. Draft Resolution of Intent B. General Plan Land Use Map C. Housing Program 3.2.3 D. Certification letter from HCD Submitted by: Patricia L. Temple, Plainning Director ATTACHMENT A DRAFT PLANNING COMMISSION RESOLUTION NO. I RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE INITIATION OF A GENERAL PLAN AMENDMENT [GPI 2004 -0011 AND A PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT [PD 2004 -0011 FOR CONSIDERATION BY THE CITY COUNCIL. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section J. Housing Element Program 3.2.3 directs the City to initiate an amendment to the General Plan to change the land use designation of the property located at the northwesterly corner of San Miguel Drive and MacArthur Boulevard from Recreation and Environmental Open Space to Multi- Family Residential. In conjunction with this land use change, the Newport Village Planned Community Development Plan must also be amended to change the land use designation from Open Space to Multi- Family Residential. Section 2. The State Department of Housing and Community Development (HCD) have conditioned the certification of our Housing Element based on the effective and timely implementation of Housing Program 3.2.3. Section 3. City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. 5 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 Section 4. Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach. Section S. The Planning Commission hereby recommends the initiation of a General Plan Amendment (GPI 2004 -001) to change the General Plan land use designation of subject site from Recreation and Environmental Open Space to Multi - Family Residential. Additionally, the Commission hereby recommends that the City Council initiate an amendment to the Newport Village Planned Community Development Plan to change the land use designation from Open Space to Multi- Family Residential. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF APRIL 2004. I3' r-W Earl McDaniel, Chairman Michael Toerge, Secretary AYES: NOES: ATTACHMENT B GENERAL PLAN LAND USE MAP I ATTACHMENT C HOUSING PROGRAM 3.2.3 k1 Housing Program 3.2.3 Encourage the developer(s) of a 3.5 -acre site located northerly of San Miguel, easterly of Avocado Avenue, and westerly of MacArthur Boulevard (known as the Avocado /MacArthur site) to provide at least fifty -six (56) multiple - family residential units for Senior Citizen Households. The City shall assist the developer(s) by initiating a Change of Zone within one (1) year of certification of this Housing Element to allow such senior residential units on said site, by considering a "density bonus" and /or other incentives, and by streamlining the discretionary process. Additionally, the City may consider using a portion of fees collected from other projects paid in lieu of providing affordable residential units to facilitate meeting the City's Very Low -, Low -, and Moderate - Income Regional Housing Needs Assessment construction requirements on said Avocado/MacArthur site. Responsibility for implementation of this program is that of the Planning Department and City Council. W. ATTACHMENT D CERTIFICATION LETTER FROM HCD l'1� ivis "son of Housing Policy Developmont NO Tlm'd SftM Rn 470 o. aCx 95=3 390WMMo. Ga 94282 20M 87s} 323-3718 FAX (916)327 -M3 tWiV.heC- ca.00v September 15, 2003 Mr. Horner Bludau, City Manager City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, California 92658 -8915 Dear Mr. Bludau: RE; Review of the City of Newport Beach's Adopted Housing Element �YI�AIT1, Thank you for submitting Newport Beach's housing element, adopted August 12, ..003 and received for our review on August 20, 2003. In accordance with Govemment Code Section 65585(h), the Department of Housing and Community Development (Department) is required to review adopted housing elements and report our findings to the Iocality. Telephone calls in August and September 2003 with Ms. Tamara Campbell, Senior planner, helped facilitate the review. The Department's May 8, 2003 review found the City's draft housing element (w.th revisions) met the statutory requirements of State housing element law. Given all revisions were formally incorporated into the element and adopted by the City Council, we are pleased to find the housing element in full compliance with State housing element law (Article 10.6 of the Government Code) As noted in the May 2003 review, our finding of compliance is conditioned on the effeetive-and timely implementation of Programs 3.2.2 and 3.2.3 (multifamily family development and rezone strategies), along with the City's commitment to provide the necessary development incentives to encoraage and facilitate the development of housing affordable to lower-income households on the Banning stanch site. This 45.2 - acre site is zoned P -C (Planned Community) and can be developed at densities significantly less those described in calculating the potential unit capacity ('im , 406 multifarily family unit; as described on page 41 of the element). While we acknowledge development of the entire she is not ne cessary for the City to accommodate its RHNA for the 2000 -2005 pla rnmg period, it is critical Newport .Beach take the appropriate actions to ensure a sufficient portion of the site (that is not subject to identified perrmt processing constraints as described in the element) is designated at densities that will encourage and facilitate development for lower- income households (commensurate with its remaini.lg need of 58 units). Also, the 120 units included in the development plans for Bayview Landing (Program 3.2.2) are critical to Newport Beach in meeting its regional share need for lower - income household's as well as addressing its overall site requirement. Pursuant to Government Code Seodon 65400, the City should use the annual general plan implementation report process to describe the development status of the Bayview Landing and Banning Ranch projects, as well as the progress in rezoning the Avocado/MacArthur site. The report should include information regarding actual buildout yields, includin,; acreage, density, and affordability. 14 01/29/2004 11 :42 9163272643 Mr. Hamer 13ludau, City manag: r Page 2 - HPD All PAGE 06/07 yl --if V November 2004 the requisite reports reveal that development has not proceeded with densities sufficient io aecmmoda_te housing affordable .£or lower- income households, the dement would no longer identify adequate iites'at[d-regiuire' amendment. The City would need to am°nd the element to identify alternative sites with minimum densities of no less than 26 dwelling units per acre (consistent with the Bayview Landing project), or otherwise demonstrate the adequacy of its site strategy. The aforementioned statute requires the mousing implementation component of the progress report to be submitted to this Department by October 1" of each year. Given the numerous development obstacles and impediments (i.e., high land and construction costs) facing Newport Beach (and other coastal communities), the Department recognizes he development of affordable housing is especially challenging, Newport Beach is commended for its diligence in tackling these challenges. We appreciate the assistance of Ms. Sharon Wood, Assistant City Manager, Ms. Patricia Temple, Planning Director, and Ms. Campbell, during the course of on- review. We wish the City .success in implementing its housing element and look forward to following its progress in achieving the City's housing goals and objectives through its forthcoming general plan implementation progress reports (pursuant to Government Code Section 65400). If we can tie of assistance in implementing the programs or policies of the element, or should you have any quest ions, please contact Don Thomas, of our staff, at (916) 445 -5854. In accordance with requests pursuant to the Public Records Act, we are forwarding cx,pies of this letter to the persons and organizations listed below. Sincerely, Cathy E. eil Deputy Director cc: Patricia Temple, Planning Director, City of Newport Beach Tamara Campbell, Senior Planner, City of Newport Beach Mark Slivers, Senate Committee on housing & Commordty Development Suzanne Ambrose, Supervising Deputy Attorney General, AG's Office Terry Roberts, Governor's Office of Planning and Research Nick Cammarota, CaMmia Building Industry Association Marcia Salldn, California Association ofRealtors Marc Brown, California Rural Legal Assistance Foundation Rob Weiner, California Coalition for Rural Housing John Douglas, AICP, Civic Solutions Deanna Kitamura, Western Center on Law and Poverty S. Lynn Martinez, Western Center on Law and Poverty Alexander Abbe, Law Firm of Richards, Watson & Gershon Michael G. Colautuono, Colantuono, Levin & Rozeil, APC 1� 01/`29/2004 11:42 9163272643 HPD PAGE 07/07 WT. Horner 7Sluoa r,'l.ri; 1Vuaiager Page 3 Ilene J. Jacobs, California Rural Legal Assistance, Inc. Richard Marcantonio, Public Advocates Carlyle W. Hall, Hall & PhiMps Law Firm Fair Housing Council of the San Fernando Valley Mark Johnson, Legal Aid Foundation of Los Angeles Denras Rockway, Legal Aid Foundation of Long Beach Stephanie Knapik, Westside Fair Housing Council Chancela Al- Mansour, Los Angeles County Neighborhood Legal Services Karen Warner, Karen Warner Associates Min Chang, Neighborhood Legal Services of Los Angeles County Veronica Tam, Cotton, Bridges and Associates David Booher, California Housing Council Jonathan Lehrer- Graiwer, Attorney at Law Ana Marie Whitaker, California State University Pomona Joe Catreras, Southern California Association of Governments Won Chang, Attorney at Law, Davis and Company Jacob Lieb, Southern California Association of Governments Lynne Fishel, Building Industry Association ti�