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Home My WebLink About07 - Creating the City Council Ad Hoc General Plan Update Committee (PA2017-141)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 28, 2021 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner PHONE: 949-644-3253, bzdeba@newportbeachca.gov TITLE: Resolution No. 2021-87: Creating the City Council Ad Hoc General Plan Update Committee (PA2017-141) For the City Council's consideration is a resolution to create a City Council Ad Hoc General Plan Update Committee (Ad Hoc Committee) to provide recommendations to the City Council on updating the remainder of the City of Newport Beach General Plan (General Plan). At previous City Council study sessions, staff discussed the scope and tentative schedule for updating the remainder of the General Plan. The Mayor has selected City Council Members Joy Brenner and Will O'Neill and himself to serve on the Ad Hoc Committee. The Ad Hoc Committee shall sunset automatically after final recommendations are made to the entire City Council. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in any physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2021-87, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc General Plan Update Committee; and c) Confirm Mayor Brad Avery's appointments of Council Member Joy Brenner, Council Member Will O'Neill, and himself to the Ad Hoc General Plan Update Committee. DISCUSSION: The City of Newport Beach (City) initiated a review and update of the General Plan on January 22, 2019. Later in 2019, the California Department of Housing and Community Development (HCD) Regional Housing Need Determination for the Southern California region was set at 1,344,740 new housing units. 7-1 Resolution No. 2021-87: Creating the City Council Ad Hoc General Plan Update Committee (PA2017-141) September 28, 2021 Page 2 In early November 2019, the Southern California Association of Governments (SCAG) recommended a methodology for distributing the region's housing need that resulted in 4,845 new units for Newport Beach. Given the significant number, a nearly 1,000 -fold increase of the City's previous fifth cycle allocation, and the fast -approaching statutory deadline for adoption, the City made an immediate pivot away from a possible comprehensive General Plan update to only focus on the Housing and Circulation Elements. Over the past 22 months, City staff has been working with the community, Housing Element Update Advisory Committee (HEUAC), Planning Commission, and the City Council to draft an update to the Housing Element for adoption within the statutory timeframe for compliance. Knowing the last comprehensive update to the General Plan occurred in 2006, and recognizing the importance of updating the remainder of the General Plan for internal consistency, as well as consistency with State law and the community's vision, the City Council would like to move forward with the update. In order to ensure the scope and other related General Plan update matters are appropriately drafted, City staff needs guidance from City Council. The purpose and responsibility of the Ad Hoc Committee is to review the legal requirements of updating individual General Plan Elements, to identify a resident -based committee and its role and responsibility with assisting staff with the update, to shape the initial scope and priorities of the update, and to establish a general schedule. Once work is concluded, the Ad Hoc Committee shall make a recommendation to the entire City Council regarding the above matters. This recommendation is anticipated to return to the City Council in February 2022. In accordance with City Council Policy A-2 (Boards, Commissions, and Committees, the Ad Hoc Committee will be composed of three City Council Members appointed by Mayor Avery and confirmed by the City Council. The Mayor has selected Council Members Joy Brenner and Will O'Neill and himself. The Committee would sunset after final recommendations are made to the entire City Council. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the formation of the Ad Hoc Committee on the General Plan Update is not subject to the California Environmental Quality Act (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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7-2 Resolution No. 2021-87: Creating the City Council Ad Hoc General Plan Update Committee (PA2017-141) September 28, 2021 Page 3 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 — Resolution No. 2021-87 7-3 Attachment A Resolution No. 2021-87 7-4 RESOLUTION NO. 2021- 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING THE AD HOC GENERAL PLAN UPDATE COMMITTEE WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, the City of Newport Beach General Plan ("General Plan") provides a framework for the City's future growth and development and it requires periodic review and updates from time -to -time, to ensure the General Plan reflects the collective vision of the community and that it complies with state mandates; WHEREAS, the last comprehensive update to the General Plan occurred in 2006; WHEREAS, the City Council established the General Plan Update Steering Committee in January 2019 pursuant to Resolution No. 2019-7, as amended, to initiate a review and possible comprehensive update of the General Plan; WHEREAS, later in 2019, the California Department of Housing and Community Development ("HCD") Regional Housing Need Determination for the Southern California region was set at 1,344,740 new housing units, and the City's estimated Regional Housing Needs Assessment ("RHNA") allocation from the Southern California Association of Governments ("SCAG") for the 2021-2029 Housing Element Update was finalized at 4,845 new units; WHEREAS, these circumstances and the impending statutory deadline for adoption of the 2021-2029 Housing Element Update, resulted in the City Council establishing the Housing Element Update Advisory Committee ("HEUAC"), pursuant to Resolution No. 2020-6, as amended, to focus on the Housing and Circulation Elements; WHEREAS, City staff has been working alongside its consultants, the HEUAC, Planning Commission, City Council and the community over the past 22 months to draft the 2021-2029 Housing Element Update as well as updates to the Circulation Element to comply with the state mandated deadline; and 7-5 Resolution No. 2021 - Page 2 of 3 WHEREAS, the City Council recognizes the importance of reviewing and updating the other elements of the General Plan for consistency with state mandates and the community's vision. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.- Section ollows: Section 1: The City Council hereby creates the Ad Hoc General Plan Update Committee ("Committee") consisting of Mayor Brad Avery, Council Member Joy Brenner, and Council Member Will O'Neill. Section 2: The Committee is charged with making a recommendation to the entire City Council regarding matters pertinent to updating the remainder of the General Plan including but not limited to: the legal requirements of updating individual General Plan Elements, to identify a resident -based committee, their role and responsibility with assisting staff with the update, to shape the initial scope and priorities of the update, and to establish a general schedule. Section 3: The Committee shall sunset automatically upon making a recommendation to the entire City Council as provided herein. Section 4: The Committee shall not be subject to the Brown Act; however, the recommendation of the Committee to the City Council shall be considered at a meeting of the entire City Council noticed in accordance with California Government Code Section 54950 et seq. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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. 7-6 Resolution No. 2021 - Page 3 of 3 Section 7: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of September, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 7-7