HomeMy WebLinkAbout2019-101 - 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
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Exhibit A —
General Location of Superior Avenue Pedestrian and Bicycle Bridge
and Parking Lot
�1 SUNSET RIDGE PARK
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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