HomeMy WebLinkAbout2023-12 - Approving an Amendment to the Newport Village Planned Community (PC-17) Development Plan to Allow Recreational Uses within Area 1 (PA2023-0071)ORDINANCE NO. 2023-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO THE NEWPORT VILLAGE PLANNED
COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW
RECREATIONAL USES WITHIN AREA 1 (PA2023-0071)
WHEREAS, Section 200 of the City of Newport Beach ("City") 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 Newport Village Planned Community ("PC-27") District has
been implemented in accordance with the General Plan;
WHEREAS, PC-27 encompasses 33.3 acres generally bound by San Joaquin
Hills Road to the north, MacArthur Boulevard to the east, Coast Highway to the south,
and Avocado Avenue to the west and includes five distinct land use areas designated as
Area 1 through Area 5, which are intended to be developed with retail, governmental,
institutional, and open space uses;
WHEREAS, Area 1 identifies the 2.43-acre property at the corner of Avocado
Avenue and San Joaquin Hills Road ("Property") that is developed with the Orange
County Transportation Authority ("OCTA") transit facility and surface parking lot;
WHEREAS, Area 1 is designated specifically as an area appropriate for
governmental and institutional uses and is categorized as Public Facilities by the Land Use
Element of the General Plan;
WHEREAS, the two permitted uses for Area 1 are: (1) a transit facility, including
OCTA buses and vehicles, bus shelter structures and restrooms, and public parking, and
(2) signage in accordance with the Newport Beach Municipal Code ("NBMC");
WHEREAS, OCTA has identified underused portions of the facility that may be
used for other activities;
Ordinance No. 2023-12
Page 2 of 4
WHEREAS, on April 25, 2023, the City Council adopted Resolution No. 2023-24
initiating an amendment to the PC-27 Development Plan to add recreational uses as a
third permitted use to Area 1 ("Code Amendment');
WHEREAS, the Planning Commission held a public hearing on June 22, 2023,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act') and Chapter
20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-026 by a majority vote (7 ayes, 0 nays) recommending
to the City Council approval of the Planned Community Development Plan Amendment
(PA2023-0071); and
WHEREAS, the City Council held a public hearing on July 11, 2023, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve the Code Amendment
referred to as PA2023-0071 to amend the Newport Village Planned Community (PC-27)
Development Plan as set forth in Exhibit "A," and based upon the Findings in Exhibit
"B," both of which are attached hereto and incorporated herein by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2023-12
Page 3 of 4
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not a project subject to the California Environmental Quality Act ("CEQA") in
accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant
to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment. The
Code Amendment would allow a new category of use for Area 1 within the PC-27
Development Plan. Any future development project in accordance with the new category
will be subject to subsequent action in order to implement. The Code Amendment in and
of itself does not authorize new development that would directly result in physical change
to the environment.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Village Planned
Community Development Plan shall remain unchanged and shall be in full force and
effect.
Ordinance No. 2023-12
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of July 2023, and adopted on the 25th day of
July, 2023, by the following vote, to -wit:
AYES: Mayor Pro Tern O'Neill, Council Member Avery, Council Member Grant,
Council Member Kleiman, Council Member Stapleton, Council Member
Weigand
NAYS:
RESCUSED: Mayor Blom
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROVPN, CITY CLERK `
LiFC?
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachments: Exhibit A — Code Amendment (PA2023-0071)
Exhibit B — Findings in Support of Code Amendment
(PA2023-0071)
EXHIBIT "A"
CODE AMENDMENT (PA2023-0071)
The cover page of the Newport Village Planned Community (PC-27) Development
Plan shall be amended to read as follows:
NEWPORT VILLAGE
PLANNED COMMUNITY TEXT
Amendment No. PA2023-0071
City Council Ordinance 23-
, 2023
Amendment No. 594
City Council Ordinance 83-27
October 24, 1983
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 729
City Council Resolution No. 92-5
January 13, 1992
Amendment No. 746
City Council Resolution No. 92-6
January 13, 1992
Amendment No. 835
City Council Resolution No. 95-130
November 27, 1995
Amendment No. PA 2009-111
City Council Ordinance No. 2009-28
November 24, 2009
Subsection A (Permitted Uses) of Section III (Governmental and Institutional [Areas 'I and
4]) of the PC-27 Development Plan shall be amended to read as follows:
A. Permitted Uses
Transit Facility (Area 1), including parking of Orange County Transit District buses
and vehicles, bus shelter structures, including restrooms, and public parking.
2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks, storage
rooms, shade structures, incidental seating, fencing, lighting, and other ancillary
structures.
Public Library (Area 4), including appurtenant facilities such as public meeting
rooms.
4. Signs in accordance with the City of Newport Beach Municipal Code.
Subsection 4 (Off -Street Parking) of Subsection C (Development Standards) of Section III
(Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be
amended to read as follows:
4. Off -Street Parking. Off-street parking shall be provided on -site in surface lots or in parking
structures.
Sufficient parking facilities shall be provided to meet the needs generated by the uses within
Area 1. The Director may require a parking study to indicate that parking demand will be
less than the number of spaces provided or that other parking is available (e.g., City parking
lot located nearby, on -street parking available, normal walk in).
Parking for public library shall be provided at a ratio of one parking space for each 250
square feet.
The design and layout of all parking areas and loading areas shall be subject to the review
and approval of the City Traffic Engineer and the Public Works Department.
Subsection 5 (Lighting) of Subsection C (Development Standards) of Section III
(Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be
amended to read as follows:
Lighting. Lighting of building interiors and exteriors, sport courts, and parking lots shall be
developed in accordance with City Standards and shall be designed and maintained in a
manner which minimizes impacts on adjacent land uses including Harbor View Hills.
Nighttime lighting shall be limited to that necessary for security and shielded from any
adjacent residential area. The plans for lighting shall be prepared and signed by a licensed
electrical engineer, and shall be subject to review and approval of the City Planning
Department.
The Appendix of the PC-27 Development Plan shall be amended to read as follows:
APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the Newport
Village area in Newport Center.
A 728 City Council adopted 01-13-92 Resolution 92-4
Request to amend the Corporate Plaza Planned Community Development Plan so as to permit
85,000 sq. ft. of additional office development transferred from the Newport Village Planned
Community. The proposal also includes a request to amend the Planned Community sign
provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West
Planned Community.
A 729 City Council adopted 01-13-92 Resolution 92-5
Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150-
sq. ft. of additional office development, 35,000 sq. ft. of which would be transferred from the
Newport Village Planned Community and 22,150 sq. ft. of which is new development
entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the
Newport Village Planned Community. The proposal also includes: a request to amend the
existing Planned Community sign standards; and a change to require the approval of a use
permit for restaurants rather than a site plan review.
A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to: expand
the boundary of the Planned Community so as to include the land bounded by Avocado
Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use
plan so as to identify five statistical development areas which are distributed between two land
use designations of Governmental/Institutional and Open Space, and delete the multiple family
residential and retail designations; add development standards for the development of a 65,000
sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General
Notes Section.
A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft.
specialty retail shopping center.
City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009411)
Request to amend the Newport Village P-C to remove from Area 1 the open space frontage on
San Joaquin Hills Road and the open space corner portion at San Joaquin Hills Road and
MacArthur. Said area to be incorporated into the North Newport Center Planned Community
District (PC-56).
City Council adopted Ordinance No. 2023- (PA 2023-0071)
Request to amend the Newport Village Planned Community Development Plan to acid
recreational uses as a permitted use for Area 1.
EXHIBIT "B"
FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2023-0071)
An amendment to the PC-27 Development Plan is a legislative act. The PC-27 Development
Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of
the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of
Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California
Government Code set forth any required findings for either approval or denial of such
amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council's
initiation, is consistent with the purpose of the Public Facilities General Plan land use
category, and is in furtherance of the General Plan's Goals and, specifically, the following
Policies:
Policy:
LU 2.1 (Resident -Serving Land Uses)
Encourage the accommodation of uses that support the needs of Newport Beach's residents
including housing, retail, services, employment, recreation, education, culture, entertainment,
civic engagement, and social and spiritual activity that are in balance with community natural
resources and open spaces.
Fact in Support of Policy:
The Code Amendment will allow for the utilization of underused property as a possible
recreational use for residents of and visitors to Newport Beach.
Policy:
LU 6.1.2 (Siting of New Development)
Allow for the development of new public and institutional facilities within Newport Beach
provided that the use and development facilities are compatible with the adjoining land uses,
environmentally suitable, and can be supported by transportation and utility infrastructure.
Fact in Support of Policy:
Area 1 is within the vicinity of other parks such as Civic Center Park and facilities such as the
Newport Beach Central Library. Future recreational facilities would complement the existing
character of development of the area which serves residents. Furthermore, the location will
still maintain bus service meaning a wide range of residents will be able to visit and enjoy any
future potential recreational uses.
Policy:
R 1.9 (Priority for Facility Provision)
Provide additional park and recreation facilities that meet the needs as identified by direct
feedback from residents, analysis of future trends, and through observations by Recreation
and Senior Services staff.
Fact in Support of Policy:
The Recreation Element identifies that the "fastest growing recreational demand in Newport
Beach is the need for additional sports fields, especially lighted facilities available for after -
work sports leagues". It continues that, "meeting this need will be a challenge because of the
large amount of area required for sports fields, the lack of suitable vacant land in the City,
and the high cost of such land." Area 1 is a large enough area to develop a field or a court.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-12 was duly introduced on the 11th day of July, 2023, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 25th day of July, 2023, and that the same was so passed
and adopted by the following vote, to wit:
AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn
Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 26th day of July, 2023.
0
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
-40
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1n
Leilani I. Brown, MKIC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-12 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: July 15, 2023
Adopted Ordinance: July 29, 2023
In witness whereof, I have hereunto subscribed my name this day of August, 2023.
Leilani I. Br n, MM
City Clerk
City of Newport Beach, California
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