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Home My WebLink About2019-101 - Exempting a Public Parking Lot, Pedestrian Bridge, and Public Park from Development Standards and Permit Requirements, in Accordance with Section 20.10.040 of the Newport Beach Municipal Code (PA2019-014)RESOLUTION NO. 2019-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, EXEMPTING A PUBLIC PARKING LOT, PEDESTRIAN BRIDGE, AND PUBLIC PARK FROM DEVELOPMENT STANDARDS AND PERMIT REQUIREMENTS, IN ACCORDANCE WITH SECTION 20.10.040 OF THE NEWPORT BEACH MUNICIPAL CODE (PA2019-014) WHEREAS, the proposed Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project ("Project") is currently within the design stage. Based on the conceptual design and in anticipation of future procedural steps, this resolution serves to provide relief and flexibility in the final design phases through exemptions to Title 20 (Planning and Zoning) development standards; WHEREAS, the Project is located on the existing Sunset Ridge Park and parking lot at 4850 West Coast Highway and the northeast corner of the West Coast Highway and Superior Avenue intersection in the City of Newport Beach, California ("Properties"). The Project would include the construction of a pedestrian and bicycle bridge over Superior Avenue, connecting Sunset Ridge Park to a new asphalt parking lot created at the northeast corner of West Coast Highway, as well as create a recreational area on a total of 3.4 acres. The pedestrian and bicycle bridge structure will be approximately 240 to 280 feet long, twelve (12) to sixteen (16) feet wide, and eight (8) to sixteen (16) feet tall. The bottom of the bridge would be approximately twenty (20) feet above Superior Avenue at its highest point. The new parking lot would consist of approximately 100 to 128 parking spaces. The fenced recreational area would be 0.2 to 0.3 acres in size; WHEREAS, the City's fiscal year 2019-2020 Capital Improvement Program calls for the construction of the Superior Avenue overcrossing and replacement of the existing parking lot with a larger parking lot and small recreation area; WHEREAS, the Properties are designated Parks and Recreation (PR) by the Land Use Element of the City of Newport Beach's General Plan ("General Plan") which is intended to provide active public or private recreational uses, including parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The Properties are located within the Parks and Recreation (PR) Zoning District, which is intended to provide for areas appropriate for land used or for active public or private recreational use; WHEREAS, the Superior Avenue right-of-way is designated as primary arterial, typically consisting of a four lane divided roadway in the Circulation Element of the General Plan. The Superior Avenue right-of-way is not located within a zoning district or coastal zoning district nor does it have a Coastal Land Use Plan designation; Resolution No. 2019-101 Page 2 of 4 WHEREAS, the Properties are located in the Coastal Zone. The Properties are located within the Parks and Recreation (PR) Coastal Land Use Plan category and Parks and Recreation (PR) Coastal Zoning District. The Project will require a Coastal Development Permit and an amendment to the Sunset Ridge Park Coastal Development Permit No. 5-11-302; WHEREAS, the use of the Property for the Project is consistent with the purpose and intent of these designations; WHEREAS, Section 20.10.040(A) of the Newport Beach Municipal Code ("NBMC") authorizes the City Council to exempt City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific NBMC provisions that apply in the absence of the exemption; WHEREAS, to allow the City flexibility to implement a functional recreational area, parking lot, and pedestrian and bicycle bridge to support park activities that serve the public, flexibility to meet the standards and requirements set forth in Title 20 of the NBMC, including the minor use permit requirement for a park use (Sections 20.26.010- 20.26.030 — Special Purpose Zoning Districts), maximum building height of the bridge structure and all parking lot structures (Section 20.30.060 — Height Limits and Exceptions), and maximum wall and retaining wall height (Section 20.30.040 — Fences, Hedges, Walls, and Retaining Walls), is necessary; WHEREAS, the Project is consistent with the PR General Plan Land Use Designation, which does not include floor area limitations or setback requirements; WHEREAS, the Project is consistent with the PR Zoning District, which does not include setback requirements; WHEREAS, the Project would result in a net increase of parking spaces. The final 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; WHEREAS, a public meeting was held by the Parks, Beaches, and Recreation Commission on August 6, 2019, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and by providing written notice to properties within 300 feet of the Project. Evidence, both written and oral, was presented to, and considered by, the Parks, Beaches, and Recreation Commission at this public meeting. At this public meeting, the Commission recommended City Council approval of the Project design; and Resolution No. 2019-101 Page 3 of 4 WHEREAS, a public hearing was held on November 19, 2019, in the City 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, Chapter 20.62 of the NBMC and Section 21092(b) of the Public Resources Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: In accordance with Section 20.10.040 (A) of the NBMC, the City Council does hereby exempt the Project located at 4850 West Coast Highway and the northeast corner of the West Coast Highway and Superior Avenue intersection in the City of Newport Beach, California, as depicted on Exhibit A, from Sections 20.26.010 through 20.26.030, Section 20.30.040 and Section 20.30.060 as set forth in Title 20 (Planning and Zoning) of the NBMC. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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. Section 4: The Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project Mitigated Negative Declaration (SCH No. 2019099074) was prepared for the Project in compliance with California Environmental Quality Act ("CEQA") set forth in Public Resources Code section 21000 et seq., CEQA, the CEQA Guidelines set forth in the California Code of Regulations, Title 14 Division 6, Chapter 3, and City Council Policy K-3. By Resolution No. 2019-102, the City Council, having final approval authority over the project, adopted and certified as complete and adequate the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project Mitigated Negative Declaration (SCH No. 2019099074) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2019-102 is hereby incorporated by reference. Resolution No. 2019-101 Page 4 of 4 Section 5: 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 19th day of November 2019. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney � 00-' Mane B. Dixon Mayor Attachment(s): Exhibit A - Aerial Map L,!�PC-) R1J Exhibit A — General Location of Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot �1 SUNSET RIDGE PARK NEWPOI2�T CREST I r gJ. ADDITIONAL _ PUBLIC PARKING VILLA . k - ------------ y! . LBO, 04 i O)/u -------- NSET '' `�'. '` Kms•. e 1 W�Sr C .... T .� VILLAGE4 PCEP, A ING QS k RECREATIONAL AREA HGAG HoVrrAL LOMR CAMPO _THE EXHIBIT A CITY OF NEWPORT BEACH SUPERIOR AVENUE PEDESTRIANIBIGYCLE BRIDGE AND PARKING LOT PUBLIC WORKS DEPARTMENT LOCATION MAP C-8020 1 11/19/2019 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; the foregoing resolution, being Resolution No. 2019-101, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 191h day of November, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman NAYS: None RECUSED: Council Member Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 201h day of November, 2019. Ailta 1-, 4.,A-nnA Leilani I. Brown City Clerk Newport Beach, California