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HomeMy WebLinkAboutS22 - Initiation of General Plan Amendment for City HallCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S22 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Attorney's Office Robin Clauson, City Attorney 949 - 644 -3131, rclauson @ city.newport- beach.ca.us City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport - beach.ca.us SUBJECT: Initiation of General Plan Amendment for City Hall on Site Bounded by Avocado Avenue, the Prolongation of Farallon Drive, MacArthur Boulevard and the Central Library ISSUE: Should the City Council initiate an amendment to the General Plan to implement Charter Section 425 (Measure B), and change the land use designation on the subject site from OS Open Space to PF Public Facilities? RECOMMENDATION: Adopt a Resolution initiating an amendment to the General Plan to change the land use designation from OS Open Space to PF Public Facilities on a site described as the southerly portion of Parcel 3 of Parcel map No. 90 -361, bounded by Avocado Avenue, the prolongation of Farallon Drive, MacArthur Boulevard and the Central Library. DISCUSSION: Background: Measure B was approved by the voters of Newport Beach on February 5, 2008, adding Section 425 to the City Charter. This Section states, Initiation of General Plan Amendment for City Hall September 23, 2008 Page 2 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. Further, the initiative addresses 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 confliction provisions. To the extent permitted by law, the voters of the City hereby authorize and direct the City to amend any elements or provisions of the City of Newport Beach General Plan and City of Newport Beach Municipal Code and all other City ordinances, policies, and implementation programs or policies as soon as possible, 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 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. Litigation challenging Measure B, (Beek vs. City of Newport Beach, #17CC 12177) was filed on November 20, 2007 and was dismissed on August 13, 2008. The Orange County Superior Court, Judge Polos dismissed the lawsuit determining that Measure B is a valid initiative. Since the Court has cleared the way for the City Council to comply with the provisions of Charter Section 425, staff is now requesting that City Council initiate the General Plan amendment as directed by the initiative. Analysis: The current designation of the site described in Measure B in the Land Use Element is OS Open Space. This land use designation is "intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources." A City Hall facility is not an appropriate use in this designation. The PF Public Facilities designation is appropriate for City Hall, because it is "intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities." Initiation of General Plan Amendment for City Hall September 23, 2008 Page 3 Because the City intends to use only the southerly portion of the site for City Hall and is preparing a park master plan for the northerly portion, the proposed General Plan amendment applies only to the portion of the site south of the prolongation of Farallon Drive. The northerly portion would remain in the OS Open Space designation. Environmental Review: Initiation of a General Plan amendment is not a project as defined by CEQA, and no environmental review is required for this action. Appropriate environmental analysis for the amendment will be part of the staff report for the public hearing before the Planning Commission, as well as an analysis of the application of Charter section 423 to the proposed amendment. Public Notice: Public notice is not required for initiation of General Plan amendments. Notice will be provided in compliance with State law and the Municipal Code for public hearings on the amendment before the Planning Commission and City Council. Submitted by: Robin Clauson City Attorney Attachment: Resolution Sharon Wood Assistant City Manager RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT CHANGING THE LAND USE DESIGNATION FROM OS OPEN SPACE TO PF PUBLIC FACILITIES ON A SITE DESCRIBED AS THE SOUTHERLY PORTION OF PARCEL 3 OF PARCEL MAP NO. 90 -3611 BOUNDED BY AVOCADO AVENUE, THE PROLONGATION OF FARALLON DRIVE, MAC ARTHUR BOULEVARD AND CENTRAL LIBRARY WHEREAS, the voters of the City of Newport Beach approved Measure B on February 5, 2008, adding Section 425 to the City Charter; and WHEREAS, 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;" and WHEREAS, 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; and WHEREAS, the entire site described in Section 425 is designated OS Open Space in the Land Use Element of the General Plan, and this land use designation is "intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources;" and WHEREAS, the land use designation of PF Public Facilities is "intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities;" and WHEREAS, 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...;" and WHEREAS, City Council Policy K -1 General Plan provides that City - sponsored amendments to the General Plan shall be initiated by the City Council; 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby initiates an amendment to the Land Use Element of the General Plan to change the land use designation from OS Open Space to PF Public Facilities on a site described as the southerly portion of Parcel 3 of Parcel Map No. 90 -361, bounded by Avocado Avenue, the prolongation of Farallon Drive, MacArthur Boulevard and the Central Library. BE IT FURTHER RESOLVED that the City Council directs the Planning Commission and City Council to hold public hearings on the General Plan amendment, and the Planning Department to prepare staff reports that contain information relevant to whether the amendment would require voter approval pursuant to Charter Section 423. This Resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on September 23, 2008, by the following vote, to wit: MAYOR ATTEST: CITY CLERK AYES, COUNCIL MEMBE NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS 2