HomeMy WebLinkAbout2009-7 - Adopting Code Amendment No. CA2008-002 Revising the Districting Map Applying the Interim Study (IS) Overlay District to Property at 4200 Campus Drive and Approving a Study Plan for Same (PA2008-124).ORDINANCE NO. 2009 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING CODE AMENDMENT
NO. CA2008 -002 REVISING THE DISTRICTING MAP APPLYING
THE INTERIM STUDY (IS) OVERLAY DISTRICT TO PROPERTY
AT 4200 CAMPUS DRIVE AND APPROVING A STUDY PLAN
FOR SAME (PA 2008 -124)
WHEREAS, an application was filed by Avis Rental Car LLC, with respect to property
located at 4200 Campus Drive, and legally described as Lot 23, Tract 3201, as shown on
Miscellaneous Map recorded in Book 130, Pages 25 -30, requesting approval of a Code
Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to
the current Administrative, Professional, Financial (APF) District on the subject property and
approval of a Study Plan; and
WHEREAS, the Newport Beach City Council adopted Resolution No. 2006 -076 on
July 25, 2006, approving a comprehensive update to the Newport Beach General Plan; and
WHEREAS, pursuant to Charter Section 423 and the Measure S Guidelines, the
comprehensive General Plan Update was placed on the ballot and approved by the electorate
at the General Election of November 7, 2007; and
WHEREAS, the updated General Plan ( "General Plan ") contains land use regulations
inconsistent with those in the existing Zoning Code (Newport Beach Municipal Code Title 20);
and
WHEREAS, Section 11 of Resolution No. 2006 -76 declares the General Plan to be the
officially adopted policy for the growth, land use, development and protection of Newport Beach
such that if it is in conflict with any other City ordinance or action the General Plan shall take
precedence; and
WHEREAS, Section 10 of Resolution No. 2006 -76 directs the Planning Department to
begin the preparation of revised zoning and other ordinances necessary to implement the new
General Plan, accepting that applications will be made before the implementing ordinances are
in place; and
WHEREAS, the subject property is designated Airport Office and Supporting Uses (AO)
by the Land Use Element of the updated General Plan (General Plan) which is intended to
provide for the development of properties adjoining the John Wayne Airport for uses that
support or benefit from airport operations including vehicle rental facility use; and
WHEREAS, the subject property is designated with an Administrative, Professional,
Financial (APF) Zoning District which is intended primarily for office uses, but which also
accommodates support retail and service uses. The APF District permits a vehicle rental facility
as an ancillary use with the approval of a use permit; and
WHEREAS, the Interim Study (IS) Overlay will apply to the APF District for the subject
property consistent with a Study Plan that provides development regulations that are in
accordance with all of the goals and policies of the General Plan; and
WHEREAS, the Planning Commission conducted a public hearing on January 8, 2009,
and adopted a resolution recommending City Council approval of Code Amendment No.
CA2008 -002 to apply the IS Overlay District to the subject property by revising the Districting
Map and approving the Study Plan; and
WHEREAS, the City Council conducted a public hearing on February 10, 2009, in the
City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council at this
meeting; and
WHEREAS, a Study Plan is provided pursuant to Resolution No. 2007 -3 and Chapter
20.53 of the Zoning Code. The Study Plan establishes development regulations to create
Zoning Code consistency with the General Plan by permitting the sole use of the subject
property as a vehicle rental facility with the approval of a use permit. Approval of the Code
Amendment and Study Plan requires the City Council to make mandatory findings. These
findings and facts in support of these findings are discussed below:
1. Finding: That the proposed plan implements and is in compliance with all applicable
policies of the General Plan.
The Airport Area is specifically addressed in Goa! LU 6.15 of the General Plan, which
provides policies that focus on re- development (identifies preferred primary uses) and
visual improvement of properties to support the needs of John Wayne Airport (JWA)
while minimizing impacts and creating a cohesive environment for local residents and
visitors. The proposed plan is in compliance with the applicable General Plan policies
as follows: it establishes a primary use of a vehicle rental facility as described within
LU 6.15.24; it enhances landscaping and visual improvements of the subject property;
it enhances landscaping surrounding adjacent parcels to the north and east (Avis
service site); it incorporates internal circulation created between the Avis service site
and the subject property which promotes connectivity between all of the parcels and
does not require use of public right -of -ways to move vehicles between the parcels; it
improves operation between subject property, Avis service site, and Avis on- airport
rental facility via use of a shuttle bus.
The project was found to be consistent with the Airport Environs Land Use Plan
(AELUP) by the Airport Land Use Commission (ALUC).
2. Finding: The proposed plan conforms to all applicable design guidelines, such as
those included in the Mariner's Mile Design Framework and any existing Specific Plan
design guidelines.
The proposed plan is not within an area that is within an existing Specific Plan nor is it
subject to any design guidelines. However, there are the General Plan policies LU
6.15.26 Automobile and Supporting Uses and LU 6.15.27 Site Planning and
Architecture that have design requirements for the subject property. The proposed
plan is in compliance with these polices as it includes upgrading street frontages along
Campus Drive and Dove Street with additional landscaping and adding a wall that
screens the enlarged rental vehicle parking and shuttle bus circulation areas of the
proposed project from public view. Additionally, the plan provides enhanced
landscaping along the street frontages of the adjacent parcels identified as the Avis
service site, along Campus Drive and Birch Street. The signage of the subject property
is updated and uniform.
3. Finding: Any changes from existing zoning regulations that otherwise would apply are
justified by compensating benefits of the proposed plan.
The uses described within the General Plan AO Land Use Category provide for uses
that support or benefit from JWA airport operations, including vehicle rental facilities.
Furthermore, General Plan Policy LU 6.15.24 Primary Uses explains that vehicle rental
facilities should be an accommodated use in the Airport Area. The proposed
development standards within the Study Plan are consistent with the existing Zoning
Code except for the change in permitted uses to permit a vehicle rental facility with the
approval of a use permit.
4. Finding: The proposed development and/or use and its development and operation as
proposed in the Study Plan will not be detrimental to the public health, safety and
welfare of the persons residing in or working in the proposed structures or in
developments adjacent to the proposed project, properties or improvements in the
vicinity or to the general welfare of the City.
The proposed vehicle rental facility is designed to conform with the General Plan. The
facility implements several General Plan policies that improve the design, aesthetics,
and functionality of the site as well as contribute to the improvement of the area. The
facility will improve vehicle rental services to meet the needs of residents and
travelers. Therefore, the proposed vehicle rental facility will not be detrimental to the
public health, safety and welfare of persons residing in or working in the area,
properties or improvements in the vicinity, or to the general welfare of the City.
WHEREAS, the project is categorically exempt from CEQA in that it can be seen with
certainty that the project will not have a significant effect on the environment. Among other
things, the Code Amendment applying the IS Overlay District does not result in the creation
of a new parcel and will not increase density.
NOW THEREFORE, BE IT ORDANED:
Section 1. The City Council of Newport Beach hereby introduces Ordinance No. 2009-
7 approving Code Amendment No. CA2008 -002 revising Districting Map No. 35 applying the IS
Overlay to the APF District designation of the property generally known as 4200 Campus Drive
Assessor Parcel Number 427 - 121 -01 and approving the Study Plan, and passes to a second
reading on February 24, 2009.
Section 2. This action shall become final and effective thirty days after the second reading
of this Ordinance on February 24, 2009 unless within such time an appeal is filed with the
City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
Section 3. This action shall become null and void dissolving the APF -IS District for the
subject property upon the adoption of the comprehensive Zoning Code update.
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2009.
AYES, COUNCIL MEMBERS
Henn, Rosansky, Curry,
Webb, Gardner, Daigle, Mayor Selich
NOES, COUNCIL MEMBERS
None
ABSTAINED, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
None
None
ATTEST:
o&
CITY CLERK
U •'
Approved to as Form:
LLA-aA7��
David R. Hunt, City Attorney
for the City of Newport Beach
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2009 -7 was duly and regularly introduced on the 10th day of February, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 24th day of February, 2009, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of February, 2009.
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -7 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 daily newspaper of
general circulation on the following date, to wit: February 28, 2009.
In witness whereof, I have hereunto subscribed my name this 1 day of d�
2009.
9
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City Clerk �`
City of Newport Beach, California