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Planning Commission - October 8, 2015 <br /> Item No. 6f: Additional Materials Received <br /> City of Newport Beach Newport Center Villas Study Session (PA2014-213) <br /> October 6, 2015 <br /> Page 2 of 11 <br /> have significant impacts on land use or any other potential area of environmental impact. <br /> (See, e.g, MND pp. 4-58 to 4-63.) The MND also fails to adequately disclose and <br /> mitigate the Project's likely impacts on aesthetics, nighttime lighting and glare, traffic, <br /> and air quality, and land use. As a fair argument exists that the Project will cause <br /> significant environmental impacts, the City must prepare an EIR that provides <br /> alternatives to the Project. <br /> The Newport Center Villas Project fails to comply with the City's governing land <br /> use plans and policies, and SPON respectfully requests that the Planning Commission <br /> withhold approval of the MND and deny the applicant's request for a Planned <br /> Community Development waiver for the Project. <br /> I. A Planned Community Development Plan is Inappropriate and <br /> Unnecessary for the Project. <br /> Planned Community Development Districts (PCDs) are governed by Newport <br /> Beach Zoning Code section 2.56.010, and exist to "provide for the development of land <br /> as coordinated, comprehensive projects in order to take advantage of the superior <br /> environment resulting from large-scale community planning." Further, "A Planned <br /> Community is intended to include various types of uses, consistent with the General Plan <br /> through the adoption of a development plan that identifies land use relationships." Thus, <br /> the PCD should be used to ensure consistency with existing land use plans and to provide <br /> more cohesive community planning in compliance with SB 375. For this reason, PCDs <br /> must exceed 10 acres in size. <br /> The Newport Center Villas Project application claims to "ensure substantial <br /> compliance with the spirit and intent of the Zoning Code," but fails utterly to do so. <br /> While a 10-acre or larger parcel may require planning flexibility to achieve feasibility <br /> and consistency with surrounding land uses, there is no reason why a 1.26-acre parcel <br /> needs to employ the PCD to provide for a coordinated, comprehensive Project. Instead, <br /> the Applicant appears to be misusing the PCD designation to skirt regulations of the <br /> Newport Beach Municipal Code intended to provide consistency in land use planning. <br /> Although the Project is located in the southern section of Newport Center, which is <br /> governed by height limits, the Project would be seven stories tall and reach a height of 83 <br /> feet, 6 inches once rooftop appurtenances are included. An additional two feet in height <br /> are permissible for"architectural rooftop features." Allowing an 83-foot-tall building in <br /> the southern section of Newport Center would create a significant change to the existing <br /> overall plan for Newport Center. Such a large change, which no doubt would become <br /> precedent for future developments in the area, should not be undertaken with a waiver of <br /> the area limits for a PCD and a Mitigated Negative Declaration. <br />