(Jan. 31, 2012, 10:17 a.m.) -- In a proposal to expedite a comprehensive update of development standards affecting a large portion of SE LB (a process the City Council voted (8-0) on Dec. 20 to have city staff initiate after the Council rejected (3-5) a proposed 2nd/PCH development), Councilman Patrick O'Donnell, joined by Councilman Dee Andrews, have agendized the following item for the Feb. 7 City Council meeting:
On December 20, 2011, the Council directed staff to return in 60 days with
recommendations for funding and initiating a comprehensive update of the South East
Area Development Improvement Plan (SEADIP). This may involve amendments not
only to the SEADIP specific plan, but also to the corresponding provisions of the City's
Local Coastal Plan (LCP) and General Plan. To further advance the Council's direction
to Staff and to expedite completion of the SEADIP update, it is necessary to engage in
a number actions.
The SEADIP update should proceed immediately, according to an aggressive timeline
that ensures maximum input from community and environmental groups, landowners,
and the general public. Also input from the California Coastal Commission should be
sought throughout the process.
The timeline for the update should provide for the following:
- A project manager should be retained within 30 days. Rather than city staff,
the project management should be an outside consultant.
- An outline of an efficient process for obtaining community input on the
SEADIP plan should be completed within two weeks.
- The formal filing of proposed SEADIP amendment should be completed
within six months.
- The environmental review process and public meetings should be completed
within twelve months of the formal filing.
- The SEADIP review should include the marina area identified as PD-4, which
should be planned jointly with the SEADIP properties.
A number of sources should be identified to find funding for the review including
public/private partnerships. If City funds cannot be identified for the preparation of the
SEADIP update within thirty days, the City should accept the offer of Lyon
Communities to advance funding. Pursuant to the Government Code, those funds shall
be reimbursed to Lyon upon the development of property within the specific plan
boundaries. To comply with the Government Code provision allowing the advancing
and reimbursement of funds by an applicant for a specific plan amendment, an
application for an amendment to SEADIP may be accepted jointly from one or more
landowners, provided that there has been an opportunity for input from community and
environmental groups, landowners, and the general public before that application is
filed. With Lyon's concurrence, other landowners and/or organizations may join with
Lyon as co-applicants.
In addition to the project manager, the City shall immediately retain a consultant to
prepare the EIR for the SEADIP update. To facilitate an efficient environmental review
process, the EIR consultant will immediately begin researching the associated
regulatory framework, compiling relevant baseline data, and gathering other
information needed to prepare the "Existing Environmental Conditions" portion of the
EIR.
Staff should immediately contact Coastal Commission staff to advise them of the plan
to update SEADIP and arrange for regular meetings to assure that Commission staff
input on the update is received during the course of its preparation.
While the SEADIP update is in process, the City Council's policy should be to not
approve any new or pending requests for amendments to SEADIP. This is not a
moratorium on building and is not intended to preclude any landowner from seeking to
develop its property according to the current provisions of SEADIP.
Recommendation: Respectfully request the City Manager to work with
appropriate staff and stakeholders to undertake an accelerated SEADIP
development process as outlined and report back to Council within 45 days on
the progress of the update process.
At the Jan. 10, 2012 City Council meeting, the developer of the 2nd/PCH project, David Malmuth, used the period for public comment on non-agendized items to raise the possibility of changes to the previously proposed 2nd/PCH development (LBReport.com coverage, click here).
The SEADIP update proposed for expedited action by Councilmembers O'Donnell and Andrews would apply to 2nd/PCH as well as all proposed developments in the SEADIP area.
Meanwhile, city staff has agendized a separate item that seeks Council authority to prepare and submit a grant application (pursuant to the Sustainable Communities Planning Grant and Incentive Program, Proposition 84) to fund an update of SEADIP.
[staff agendizing memo text] The Sustainable Communities Planning Grant and Incentive Program is funded by Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Bond Act of 2006. The Sustainable Communities Planning Grant
and Incentive Program is designed to help local governments to develop and implement
plans that reduce greenhouse gas emissions. The Strategic Growth Council was
established by SB 732 to meet the goals of the California Global Warming Solution Act of
2006, and to manage and award grants to support the planning and development of
sustainable communities.
At its December 20, 2011 meeting, the City Council directed staff to prepare a work plan
for a comprehensive update to the SEADIP (PD-1) district. City staff became aware of the
grant opportunity in early January. While staff is still preparing a work plan for the City
Council's consideration, the short time frame to submit a grant application requires City
Council action in advance of receiving an update on the work plan. This update would
include a wetlands delineation study as well as determine land use intensities and
development standards in the non-wetlands portions of SEADIP. A resolution has been
prepared for the City Council that authorizes the City Manager, or his designee, to apply for
and accept up to $1,000,000 in Sustainable Communities Grant and Incentive Program
funds. If the City is awarded funding, the grant money will be used to fund this SEADIP
update...
City Council action is requested on February 7,2012, as the deadline for submitting the
Sustainable Communities Planning Grant and Incentive Program application is February
15,2012.
FISCAL IMPACT
Assuming the City's application is successful, the City would receive up to $1,000,000 in
grant funding from the Strategic Growth Council, with a 10 percent in-kind match from the
City that could include contributions in services and other non-cash resources. A job
impact analysis is not possible at this time since it would depend on the final grant amount.
Appropriations will be requested only after the City is notified of the grant award.
Developing with further to follow on LBReport.com.
