Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About14 - Ciity Hall Site General Plan Amendment 2008-009CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 November 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager (949) 644 -3235 palford @city.newport- beach.ca.us SUBJECT: City Hall Site General Plan Amendment 2008 -009 (PA2008 -182) 1300 Avocado Avenue APPLICANT: City of Newport Beach ISSUE Should the City Council amend the General Plan to change the land use category of the City Hall site from Open Space (OS) to Public Facilities (PF)? RECOMMENDATION 1) Conduct a public hearing; and 2) Approve General Plan Amendment 2008 -009. INTRODUCTION 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. 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 City Hall GPA November 25, 2008 Page 2 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. Project Setting and Description The subject property consists of 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 of Farallon Drive (the "City Hall site "). The property is vacant and undeveloped. The proposed amendment will revise several figures 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). The proposed amendment will also revise Table LU2 (Anomaly Locations) to 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." No revisions are proposed that would change the OS designation of the rest of the property or its designation as a passive park. DISCUSSION Analysis Section 425 of the City's Charter designates the subject property as the site that the City Council shall develop for a new City Hall facility. Measure B. requires consistency with the General Plan and directs a General Plan amendment "as soon as possible" to implement Charter Section 425. The current OS designation is intended for natural areas and development is limited to "incidental buildings." A City Hall facility required by Charter Section 425 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. Charter Section 423 requires General Plan amendments that exceed specified peak hour trips, dwelling unit, and floor area thresholds to be approved by the voters. 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. z City Hall GPA November 25, 2008 Page 3 Planning Commission Action The Planning Commission recommended approval of the General Plan Amendment 2008 -009 on a vote of (5 Ayes, 1 No, and 1 Abstain). 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 or judgment 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 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 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: Submitted by Planning Manager David Lepo Planning Director 3 City Hall GPA November 25, 2008 Page 4 Attachments: A. November 6, 2008 Planning Commission staff report B. Draft N ovember 6, 2008 Planning Commission minutes C. Draft resolution with Exhibit "A" H Attachment A 11106108 Planning Commission Staff Report .5 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. Afford, Planning Manager (949) 644 -3235, paffordCcr�, cites ewaort- 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. I MA � -,1 - Vaaant� � I ui Single CoMrn.,-. City Hall GPA November 6, 2408 Page 3 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. DISCUSSION 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 bement 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). M City Hall GPA November 6, 2008 Page 4 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, 1-1, 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 in conflict with any provision of the City of Newlport 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 taw, General Plan and City of Newport Beach Municipal Code and. all. other City ordinances, 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 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 q City Hall GPA November 6, 2008 Page 5 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 Communitv 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 or judgment 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 10 City Hall GPA November 6, 2008 Page 6 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 pasted 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: Submitted by: Patrick J. AI ord Planning Manager EXHIBITS 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) F.WSERSWLMShM"A sIPAs - 10o81Pa2OMl8Y/20MIl -N QPMW-W9 PC rptdoc Attachment B Draft 11106108 Planning Commission Mintues 1,7 F A' Ayes: Unsworth, Hawkins, Peotter, McDaniel and Hillgren Noes: Eaton and Toerge Vote on main motion amended to delete Condition 9 and modify Condition 33. Ayes: Unsworth, Hawkins, Peotter, McDaniel and Hillgren Noes: McDaniel and Hillgren ..t SUBJECT: City of Newport Beach (PA2008 -182) ITEM NO.3 PA2008482 City Hall GPA — An amendment to the Land Use Element of the General Plan to Recommend change the land use category from Open Space (OS) to Public Facilities (PF) Approval and an amendment to the Newport Village Planned Community to change the land use designation from Open Space to Governmental/Institutional 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. These amendments 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. Mr. Alford gave an overview of.the staff report. Public Comment was opened. Jan Vandersloot, representing SPON and Greenlight, noted his issue of the statement that no.Greenlight vote is required. As the Commission does not know the dimensions of the new City hall nor traffic generation; there are certain paramaters that would trigger a Greenlight vote.. There was no mention about the size of City hall in Measure B, nor was traffic; however, you don't know these. So you should not be saying a Greenlight vote is not required. This has to wait for the specific project that will be the subject of the EIR. This amendment is premature and should be processed at the same time the City hall project is actually approved as there may changes to size and expense. This should not be approved with the argument that a Greenlight vote is not required. Mr. Harp noted that there are two Charter amendments. Typically you would look at what was last in time and to the extent there is an issue, the City has no choice in the matter and has to amend the General Plan as a ministerial act. Even if it was put to a vote and lost, you are still commanded by the Charter to take action and still would have to amend the General Plan Amendment. Commissioner Eaton asked about the timing. Mr. Harp noted their position is the Charter supersedes the General Plan and if the General Plan is not consistent with the Charter, it is time to bring the General Plan concurrent with the Charter provisions as soon as possible. Ron Hendrickson, local resident noted it is an excellent staff report and 13 DRAFT covers the legal issues. There will be significant landscaping provided as per looking at the final six proposed designs that have been made available for public review. There will be park areas and the citizens will be pleased with the final design. Public comment was opened. Commissioner Toerge asked if there was acreage cited in Measure B. Mr. Lepo answered there was a reference of within the 12.82 acres site. Motion was made by Commissioner Toerge and seconded by Commissioner McDaniel to recommend approval of General Plan Amendment 2008 -009 to the City Council. Commissioner Hillgren asked where this would be situated. Mr. Lepo answered it is proposed to be on the southerly half of the whole site south .of the extension of Farallon Drive. The Measure said it had to be within and on the 12.82 Acre site. Commissioner Hawkins noted he supports the project but can not support the motion as the environmental is appropriate. Commissioner Eaton noted he questions the environmental documentation and also 'thinks it would be more appropriate to process the amendment with the Noes: I Hawkins Peotter, McDaniel, k *# agreed by the Commission to suspend the balance of the the ADDITIONAL BUSINESS: City Council Follow -up Mr. Lepo reported that at the last Council meeting Planning Commission reports. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report. Requests for excused absences - none. AD.UOURNMENT: 11:10 p.m. BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION )y Attachment C Draft Resolution with Exhibit "A" 15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING 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 OF FARALLON DRIVE (PA2008- 182) 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 Open Space (OS) 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 Public Facilities (PF) 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, on September 9, 2008, the City Council of the City of Newport . Beach initiated an amendment to the General Plan to change the land use designation from OS to PF 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; and J� City Council Resolution No. Page 2 of 3 WHEREAS, a public hearing was held on November 6, 2008, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the aforesaid meeting was given. The application, plans, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Planning Commission voted to recommend approval of General Plan Amendment 2008 -009; and WHEREAS, on November 28, 2008, the City Council held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the appeal was considered. A notice of time, place, and purpose of the aforesaid meeting was given. The application, plans, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this meeting; and WHEREAS, the City Council finds as follows: 1. The current OS designation is inconsistent with a City Hall facility because 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 development intensity is limited to "incidental buildings, such as maintenance equipment and supply storage. 2. The proposed PF designation is the appropriate land use designation for the City Hall. site because this designation is "intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities." 3. The General Plan consistency provision of Measure B directs a General Plan amendment "as soon as possible" to implement Charter Section 425 in order to provide consistency between the City Charter and the General Plan. 4. 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. 5. The proposed amendment is an administrative act necessary to comply with Section 425 and is not subject to voter approval. WHEREAS, 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). J7 City Council Resolution No. _ Page 3 of 3 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The Land Use Element of the General Plan shall be amended to designate the area generally bounded by Avocado Avenue, MacArthur Boulevard, the Central Branch of the Newport Public Library, and the eastern prolongation of the centerline of Farallon Drive as Public Facilities (PF) SECTION 2: Figures LU1, LU2, LU13, LU21, and H2 and Table LU2 of the General Plan shall be amended as provided in Exhibit "A." This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the November 25, 2008 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 1� EXHIBIT A • 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 CenterlFashion Island) • Table LU2 (Anomaly Locations). 11 LUI GP Ov ww_GP200 &008.m Oclabar 12008 C� CITY of NEWPORT BEACH GENERAL PLAN Figure LU1 GENERALPLAN OVERVIEW MAP Resitlanllal NRRJMDIIIDDM u.o Llyln -NJI ReWYentltl OetaMeA WA SN le UnIi RBSbenlly Allucf d I Iwo uNt fi¢SK1Bnlbl - MNt*W Unll ReSk Hn - Multlpla UNt Rc[dtl NIJ,.h, _ Mrlltlale -UNI ROSIdenlwll O{»n 5paco CIXD mlal D WM and Comdm HdDl%Nfwafl [amman'iN carvla cmm�sa �rn � canwal comman:.�I MO., Samna c,mma� „al -ReclSalbrrnl nnA Mnlne Cpmmemal _ ReUiu'wlCOmmerGbl G9MJ(Y Comnertlm UfllCp med iOanmemkLO lc. ineDinnd Canmerrssl 011lce InOWMaI OhM1ldt - uwmnal AUpon SLVp MM D.M . - Ak Oltice Ontl SupPaRlnp U51 Maea Use vacua - MtleA lee Hn.&.1 _mk Ua mtl RalO Ndla, SIxMPICNe aM ItMDllpatgl �.'�{ plpuc Imallha _ RHate Ircnsunon -tY5h5 arxi Recraatwn Clan Sp.- CjQ,Y_jbpbnSPOCa /RPRd.md V00ge (RbSldtlnROl um 1npl Of, (IUlrall 05 Per ent open slv�) W iidnkvw50rw $ubnlarRad LOM4 �%o C'IY Vt Newry t Benr}i BwnWry 1i 5t0115tICpl Aran lburvfory l4 1 ElP 0 0 WT_Lo zor Wp mxe /January MOB 0 CITY of NEWPORT BEACH GENERALPLAN Figure LU2 1@ 100FAMM Resltlentlal Neigllborhootls •0 slrgl UN, 1�e Bnlld Uet¢hed a -A Sirple.I n,t ResldenBd Afta red • t.p uNl RUVtlentbl MulLple Unit Resd"nl -MulnpbVNl RBLd Wl rolanhPx -mo. eU,v RasdanMl/ Open Spu e Com Brdd Dlslfi h ma Coff a l M NeIDM1barM1pod Cammaiclal R Cm..r Cammerdd _ Vide,s M, C..dl -Reneollrnd arltl Maruce Commetclal - ReUland CammOrtlol C. .cld onicc Disolcls Genera Ragland Cps "o all" 4sOS•Md DUhka _ IrrbuSMOI rUrpod SUppwHN DMMWs W AA l 011keoMsuppohliy MIxeC - U.Dlsl Ws .v M.6 J. Wl d 'M MIXBa Ibe..."10I MI+I MLmd U. V .r Poll Public, Beal -P cmtlIsmBNBmd rs Rbti dlll. _ Rwte Ireiltutla _ Voks axY RedeallM m open Sndce waq Open Spam /R ON 110 vmp cri Wenlld UeB9. 11 W.0 Ul ed at[ fTOr'ptl p[pn 5{ACa) R tMdabi ontl Sulmagedlnms Clry a NewppR Beach Bdnmry 11� A K1 ' a PR 0 G1 ' C( PF PR IjjI CO G e y.JL 5 �k RS -D PF 'MS / 2 R,A P CIS 1 ©°A b V L3 RS-D / t M4 / . PF .1 ls'o / 'RSA RS-D / � � 4 Uill o 'RS -D ill m pp M5 a d. PF 141 4U Ct� PR PF RS -D - RS .A Plt YO/ec PF D4 U uoU 2(M Fee, �r 13 NewpM Center_ GPID 1)09.m d Cctowrn OUb RS -D f RS A l PF M2�% N PF py 700'(duC-. 41. CITY of NEWPORT BEACH GENERAL PLAN Figure LU13 STATISTICAL AREAS F1, Ll, I2, M1 -M5 ReelderdW Nelghb cft a -o S�UNr nes�mr a DoNxa ed ee Smpb Urvr lRYtlbnM1al pnacneU t rwo-txvt Rewannd - MUnip� Ut,e Rb arnbt - Nluoct, Unit Ra4wn iul Cbwh. Cammendw Dlsle0e m con Cr ' NWpnl'mrnn'a]COmmar [ loi -¢ _ csundor commercla cednaCam.re,.d - error $ery119 C.hnmgCiOl -Recre.iond.,d M.L',e Corronn,.. -Rey aCOmn e,UVl Comme'do omm ftwM M cane,. comment a Dmce ®Med'cal nm,mercla omca M Mrglond C.m ,nbl c,. E,dwMW M..kh Amon SupWkV DISMels As(b,l mrlre dm saP:.ane,D teas wea.U.Dtsft% M.ed U. M301ca1 MNe i U. Hn,p 'tv Mded Use W.a Related WGk, Semi -PUbMc a,d IndiluXarkl OF -R,UUC FVaurws wwore own,", -FF,MS d„d Rane.lon �jacen s'mce 4 ildaa,dx and sunm.Bea L.nds C*" Newaar BD , e.mmry "°° F 1 L.H Use Dellneatdr Lire • aererrd dnomaM rode €+r Y RIM, . 132 dus w RM du CG 90.1 LU21 _Newpon_Center_GP2008- 009.mxd October12008 PFN\� ©H3 RM R45 du CO -R R c 9d CV PR Rh 67 c i ©Rz CO -G © PF CO -R Q PF 0 MU -H3 MU-1-13 Q :O -M osJf PF CITY of NEWPORT BEACH GENERALPLAN Figure LU21 NEWPORT CENTER/ FASHION ISLAND QSub -Area Tidelands and submerged lands �i City Boundary Land Use Delineator Line 0*%nr Highway Refer to Anomaly 0 table Peal' a zso san 1,000 ls6o S— Cayaf Nawporl Bea�anLEIPRa9 tr PROXCTNWOER 10.E l oat. 12112/06 EIP PF C O Od MU-H3 :p RM 245 du Q MU -H3 CO -P R 0 9d cv PR MU -H :O -M nc �� Q_ CO -R Q 4! OS G CO -G PF \ CO ;,,CaG ` PF F „ 1 PF CITY of NEWPORT BEACH GENERALPLAN Figure H2 NEWPORT CENTER/ FASHION ISLAND QSub -Area Tidelands and submerged lands 0-%i City Boundary Land Use Delineator Line Highway Refer to Anomaly table 1 �J s Fae1 0 250 500 1. 0 soJ� cnym Newport mach.nn Ewa.:«aie, PROJECTNUMOM 1051401 oai. 1v12ros -E4 - Table Anomoty Nurnber tafisked A[eo 'land Use " Uesi notion :'Development �`, Gmd. s `i Deveia menf,Cirnif. Other . Addfionof info'rmalwn . 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,060,146 3 L4 CO-G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 34,500 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO-G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU -H2 228,214 16 L4 CO-G 344,231 17 L4 MU -112 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 A CO-G 687,000 Office: 660,000 sf Retail: 27,000 sf CV 300 Hotel Rooms 22 A CO-G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf zs Table 1.1.12 Anomaly Number Anomaly Stotiitical -Areo' Locations Land . 0, 30d t nW D eye JoEmen LirnV Addifianal . in iio n 34 Ll CO-R 484,348 35 Ll CO-R 199,095 36 Ll CO-R 227,797 37 Ll CO-R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 C&M 443,627 39 Ll MU-1-13 408,084 40 Ll MU-1-13 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 Ll CO-R 327,671 42 Ll CO-R 286,166 43 Ll CV 611 Hotel Rooms 44 Ll CR 1,619,525 1.700 Theater Seats (not included in total square footage) 45 Ll CO-G 162.364 46 Ll MU-H3/,PR 3,725 24 Tennis Courts Residential permitted in accordance with MU-1-13. 47 Ll CG 105,000 48 Ll MU-1-13 337,261 Ll PI 45,208 50 Ll CG 25,000 51, K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 it CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU-W1 487,402 157 Hotel Rooms and 144 Dwelling Units (included in total square footage) 60 N C & V 2,660,000 2,150 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80.000 66 J2 CN 138,500 67 D2 PI 20,000 2 � TableLU2 Anonnaly Locations ''mqmd* :statistical T' -46nd die ," Number, �Akea :�Iijr�# t:: Develoliment,0mit.. othei) AddffiondI.Iffbandfidn. , 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM-D Parking Structure for Bay Island (No Residential Units) 71 Ll CO-G 11,630 72 Ll CO-G 8,000 73 A3 CO-M 350,000 74 Ll PR 35,000 City Hall, and the administrative offices of the City of Newport 75 Ll PF Beach, and related parking, pursuant to Section 475 of the City Charter. Z� NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 25, 2008 at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: City Hall GPA — An amendment to the Land Use Element of 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. These amendments 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. On February 5, 2008, the voters of the City of Newport Beach approved Measure B, the "City Hall in the Park Initiative." The approval of Measure B added new Section 425 to the City Charter. Section 425 establishes the subject property as the location of City Hall. Proposed General Plan Amendment 2008 -009 is a ministerial act designed to implement the will of the voters and does not require discretion or judgment by the City Council. As a ministerial action, it is exempt from the provisions of the California Environmental Quality Act (CEQA). 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 will be a discretionary project and will be subject to CEQA. An Environmental Impact Report (EIR) will be prepared prior to any action on the development of the City Hall facility. You will receive additional notice regarding the preparation of the EIR that will provide you with the opportunity to comment on its scope and content. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the City Clerk Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -182 Activity No.: General Plan Amendment 2008 -009 Zone: Newport Village Planned Community (PC -27) General Plan: Open Space (OS) Location: 1300 Avocado Avenue Applicant: City of Newport Beach ;r LaVonne M. Harkless, City Clerk City of Newport Beach Easy Peel Labels Use Avery® TEMPLATE 51600 ABEL A ZEBALLOS 1039 WHITE SAILS WAY CORONA DEL MAR, CA 92625 EASTLUND PROPERTIES PO BOX 9888 NEWPORT BEACH, CA 92658 SHIRLEY G KILPATRICK 1367 AVOCADO AVE NEWPORT BEACH, CA 92660 ®1 A ® See Instruction Sheets iFeed Paper for Easy Peel Feature ® wA� ®5160® i NCMB 2 LLC EASTLUND PROPERTIES 1401 AVOCADO AVE PO BOX 9888 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92658 KRAUT BENJAMIN TRUST 3921 SANDUNE LN CORONA DEL MAR, CA 92625 JAMES E RICH 802 S BAYFRONT NEWPORT BEACH, CA 92662 SAN MIGUEL PLAZA OWNERS MITCHELL A JUNKINS 1367 AVOCADO AVE 12 CORPORATE PLAZA DR #140 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE COMPANY IRVINE COMPANY 550 NEWPORT CENTER DR 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 CO IRVINE CITY OF NEWPORT BEACH 550 NEWPORT CENTER DR PO BOX 1768 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92658 JOYCE TUFFREE BEALL T Y NEWPORT LLC 6717 N CENTRAL AVE 3RD FLOOR PHOENIX, AZ 85012 NEWPORT BEACH, CA 92660 DESIGN PLAZA OWNERS ASSN SIDNEY MEHRDADY 505 S VILLA REAL #505 PO BOX 852 ANAHEIM, CA 92807 LA HABRA, CA 90633 ABOUBAKARE FAMILY TRUST NELSON TRUST 1400 SAN MIGUEL DR 2515 WINDOVER DR CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 CARLSEN G/A TRUST JAMES W WARREN 2501 WINDOVER DR 1201 SURFLINE WAY CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 ttiquettes faciles a peler Utilisez le gabarit AVERY® 51600 Sens de chargement 369 SAN MIGUEL DRIVE 1 100 NEWPORT CENTER DR #150 NEWPORT BEACH, CA 92660 TRAIL PROP LLC 7 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 IRVINE COMPANY 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 IRVINE COMPANY 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 92658 280 NEWPORT CTR DRIVE LLC 270 NEWPORT CENTER DR #100 NEWPORT BEACH, CA 92660 OCEAN SUNSET TRUST 1 1300 N RODNEY PARHAM RD LITTLE ROCK, AR 72212 MARK E SHOEMAKER 2507 WINDOVER DR CORONA DEL MAR, CA 92625 RANDALL P & CHERYL L LUSH 1207 SURFLINE WAY CORONA DEL MAR, CA 92625 Consultez la feuille www.avery.com d'instruction 1- 800 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 BASTIEN FAMILY TRUST 1215 SURFLINE WAY CORONA DEL MAR, CA 92625 LEONORGAZDA 1233 SURFLINE WAY CORONA DEL MAR, CA 92625 LEONARD HANNA 21 TIBURON BAY DR CORONA DEL MAR, CA 92625 ROBERT R FITZGERALD 1126 SEA LN CORONA DEL MAR, CA 92625 1257 SURFLBQE WAY CORONA DEL MAR, CA 92625 MONJAZEB TRUST 1223 PORTSIDE WAY CORONA DEL MAR, CA 92625 OBRIEN MICHAEL✓M TRUST 1211 PORTSIDE WAY CORONA DEL MAR, CA 92625 ALLISON TRUST PO BOX 2733 NEWPORT BEACH, CA 92659 MCNAUGHTON J/N TRUST 1107 WHITE SAILS WAY CORONA DEL MAR, CA 92625 rqi A ® See Instruction Sheet 1 Feed Paper for Easy Peel Feature N �VERY ®5160® ` KOPASKIE FAMILY TRUST FRANK J JR NESE 1221 SURFLINE WAY 1227 SURFLINE WAY CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 COLIN C TR CORMAC CORMAC 1027 WHITE SAILS WAY CORONA DEL MAR, CA 92625 DANIEL LYNCH 1239 SURFLINE WAY CORONA DEL MAR, CA 92625 J F & SMYTHE- PADGHAM C PADGHAM 1257 SURFLINE WAY CORONA DEL MAR, CA 92625 DENISE A WOLTEMATH 1132 SEA LN CORONA DEL MAR, CA 92625 1233 PORTSIDE WAY LLC 444 S FLOWER ST #3860 LOS ANGELES, CA 90071 BADER DOYLE W /ALICE H TRUST 3656 PARKSIDE DR SAN BERNARDINO, CA 92404 ALLAN & MARJORIE HOROWITZ 27 ULTIMA DR NEWPORT COAST, CA 92657 COLE FAMILY TRUST 1121 WHITE SAILS WAY CORONA DEL MAR, CA 92625 TILSEN RONALD /S 2004 TRUST 1101 WHITE SAILS WAY CORONA DEL MAR, CA 92625 BARRY L & DEBORAH E ALLEN 1021 WHITE SAILS WAY CORONA DEL MAR, CA 92625 THOMAS WILLIAM COURTNEY 1245 SURFLINE WAY CORONA DEL MAR, CA 92625 MARK BEDER 2500 WAVECRESTDR CORONA DEL MAR, CA 92625 VIEW HILLS HARBOR PO BOX 54 CORONA DEL MAR, CA 92625 MURRAY FAMILY TRUST 1227 PORTSIDE WAY CORONA DEL MAR, CA 92625 CHOI FAMILY TRUST 1215 PORTSIDE WAY CORONA DEL MAR, CA 92625 CAMPBELL ANDREW G TRUST MOORE FAMILY TRUST 1115 WHITE SAILS WAY CORONA DEL MAR, CA 92625 AHRANJANI MATTHEW TRUST 2800 N LAKE SHORE DR CHICAGO, 1L 60657 VANGRO W FAMILY TRUST 1015 WHITE SAILS WAY CORONA DEL MAR, CA 92625 Etiquettes faciles it peter ♦ Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement d•Instructinn 1_nnMAMaVcav Easy Peel Labels Use Avery® TEMPLATE 5160® HAL J MCLAUGHLIN 1007 WHITE SAILS WAY CORONA DEL MAR, CA 92625 RINCON FAMILY TRUST PO BOX 10575 NEWPORT BEACH, CA 92658 MICHAEL STODDARD 1026 SEA LN CORONA DEL MAR, CA 92625 THOMAS J MOULSON 1100 SEA LN CORONA DEL MAR, CA 92625 EDWARD J & DEBRA B STEVENS III 1120 SEA LN CORONA DEL MAR, CA 92625 MOFTAKHAR M N TRUST 5 HARBOR POINTE DR CORONA DEL MAR, CA 92625 BROADMOOR HILLS COMMUNITY PO BOX 4708 IRVINE, CA 92616 I A See Instruction Sheet i QAVERYOsm0® 1 !Feed Paper �� for Easy Peel Feature BRIAN J & PATRICIA R LANE ROOVEN & DENISE M AKIBA 4400 BROOKEVILLE RD 1000 SEA LN BROOKEVILLE, MD 20833 CORONA DEL MAR, CA 92625 QPRT LYONS II MICHAEL J LECLERC 1032 SEA LN CORONA DEL MAR, CA 92625 VOSKERICHIAN MARGARET RTRUST 1106 SEA LN CORONA DEL MAR, CA 92625 LEE DANA H /SUSANNE B TRUST 9 HARBOR POINTE DR CORONA DEL MAR, CA 92625 IRVINE CO OF W VA 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 VIEW- BROADMOOR HARBOR PO BOX 4708 IRVINE, CA 92616 JOHN K EHRETZ 1020 SEA LN CORONA DEL MAR, CA 92625 KENNETH G CARR 1038 SEA LN CORONA DEL MAR, CA 92625 JAY D BAKER 1114 SEA LN CORONA DEL MAR, CA 92625 GEORGIA W HICKINGBOTHAM 11300 N RODNEY PARHAM RD #300 LITTLE ROCK, AR 72212 IRVINE CO OF W VA 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 Ittiquettes faciles h peter A Consultez la feuille www.averycom Utilisez le qabarit AVERY® 51600 Sens de chargement d'lnstnstinn t- tmn.rMAVMV FROM :LRW OFFICESOF EVERETT DELANO FAX NO. :7605101565 Nov. 25 2006 03:12PM P2 R I C J.1 Y FFICES OF EVERETT L. DELANO III 20 NOV 25 PM 3: 37 OFFICE OF THE CITY CLERK CITY OF NEVC,9T K-0 p1A FACSIMILE 220 W. Grand Avenue Escondido, Californla 92025 (760) 510 -1562 (760) 510 -1565 (fax) Lciiani Brown City Clerk City of Newport Beach 3300 Newport Blvd Newport Beach, California 92663 Robin Clauson City Attorney City of Newport Beach 3300 Newport Blvd Newport Beach, California 92663 November 25, 2008 "RE%VF1P, AFTER AGE D PRINTED: . Qo0 Re: City Council Agenda Item No. 14; November 25. 2008 City Council Meetine Dear Messes. Brown and Clausen: This letter is submitted on behalf of Allan Beek to provide comments concerning the proposed City Hall Site General Plan Amendment 2008 -009. Please ensure that copies of this letter are provided to City Council members prior to their consideration of this matter. °`[I]t is well settled that a charter city may not act in conflict with its charter." Domar Electric, Inc. v. County of Los Angeles (1994) 9 Cal.0 161, 170. "Any act that is violative or not in compliance with the charter is void," Id. Section 423 of the City Charter removes from the City Council the power to pass a major amendment to the General Plan and places that power with the people. The proposed amendment violates the restrictions of Section 423. The passage of Measure B did not remove the restrictions of Section 423: to the extent Measure B may have directed City officials to process a general plan amendment, it did not eliminate the requirements of Section 423. The City Hal I project being pursued by the City clearly meets the requirements of Section 423, as evidenced by prior staff reports; therefore, the City must put this amendment to a vote of the people. Additionally, to the extent the City believes that Measure B directed the City Council to amend the General Plan, such direction was illegal. Citizens for Jots and the Economy v. County of'Orange (2002) 94 Cal-App.4s' 1311, 1330. Furthermore, contrary to the staff report's position, the requested action is not a "ministerial" action that exempts the City firnn compliance with the requirements of the FROM :LAW OFFICESOF EVERETT DELANO City (if Newport Beach November 25, 2008 Page 2 of 2 FAX NO. :7605101565 Nov. 25 2008 03:13PM P3 California Environmental Quality Act ( "CEQA'�. The proposed general plan amendment commits the City to a definite course of action, thereby necessitating environmental review. C.KQA Guidelines § 15378(a). Under CEQA, the City is also precluded from segmenting portions of project approval. CEQA requires consideration of" r.a]ll phases of project planning, . implementation, and operation." CEQA Guidelines § 15063(a)(1). It defioes a project to be "the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." CEQA Guidelines § 15378(a) (emphasis added). The City must consider all aspects of project approval of the City Hall facility, not segment the general plan amendment and 7-.oning changes from the other aspects of approval. Additionally, it appears. that the proposed amendment may violate the restrictions on the numbers of amendments to any mandatory element of the General Plan within a year. Gov. Code § 65358(b). Accordingly, the City Council should reject the proposed general plan amendment. Smp7ly, Everett DcLano