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Home My WebLink About18 - Initiation of an Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report April 25, 2023 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Joselyn Perez, Associate Planner jperez@newportbeachca.gov PHONE: 949-644-3312 TITLE: Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) ABSTRACT: For the City Council's consideration is the initiation of an amendment to the Newport Village Planned Community (PC-27) Development Plan to add "recreational facilities" as an allowed use within the area designated as Area 1. This area encompasses the 2.43- acre property at the corner of Avocado Avenue and San Joaquin Hills Road that is developed with the Orange County Transportation Authority (OCTA) transit facility and surface parking lot. RECOMMENDATIONS: a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) Adopt Resolution No. 2023-24, A Resolution of the City Council of the City of Newport Beach, California, Initiating an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071). DISCUSSION: PC-27 contains five distinct land use areas. As shown below in Figure 1, these areas are designated as Area 1 through Area 5, and are intended for the development of retail, governmental, institutional and open space uses. The proposed amendment would only apply to Area 1. Area 1 is the 2.34-acre property addressed as 1550 Avocado Avenue on the corner of Avocado Avenue and San Joaquin Hills Road. It is currently developed with an OCTA transit facility and surface parking lot. The two allowed uses for Area 1 are limited to (1) a transit facility, including bus shelter structures, restrooms and a public parking lot and (2) signage in accordance with the Newport Beach Municipal Code (NBMC). The proposed amendment would add "recreational facilities" as a third allowed use. 18-1 Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 April 25, 2023 Page 2 The proposed amendment would not create any non conformities, nor would it require the site to be redeveloped. Instead, it would allow greater flexibility for the underused portions to be repurposed. NEWPORT VILLAGE PLANNED COMMUNITY DISTRICT FAWC WMAND �l OPEN SPACE a GOVERNMENTALAASTITUTIONAL E RETAIL s NOT A PART Figure 1: Land Use Plan and Aerial Photograph for PC-27 Amendment Initiation PC-27 contains no provision for the initiation of a development plan amendment. PC-27 does however state that the NBMC shall regulate the development plan when a regulation is not provided. Given the lack of an amendment procedure, the City Council may initiate an amendment to the development plan in accordance with NBMC Section 20.66.020 (Initiation of Amendment). Section 20.66.020 provides that a code amendment may be initiated by the City Council with or without a recommendation from the Planning Commission. This agenda item is not a public hearing. Should the City Council choose to initiate the proposed amendment, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at future public hearings. 18-2 Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 April 25, 2023 Page 3 FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The adoption of this resolution is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board or commission has not approved or adopted. NOTICING: The NBMC does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the NBMC. ATTACHMENT: Attachment A — Resolution No. 2023-24 18-3 ATTACHMENT A RESOLUTION NO. 2023-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AN AMENDMENT TO THE NEWPORT VILLAGE PLANNED COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW RECREATIONAL USES WITHIN AREA 1 (PA2023-0071) WHEREAS, the Newport Village Planned Community ("PC-27") District has been implemented in accordance with the City of Newport Beach ("City") General Plan and is intended for properties developed with retail, governmental, institutional, and open space uses; WHEREAS, PC-27 contains five distinct land use areas designated as Area 1 through Area 5; WHEREAS, Area 1 is designated as an area appropriate for governmental and institutional uses consistent with the General Plan Land Use Element category for Area 1 of Public Facilities; WHEREAS, the two permitted uses for Area 1 are: 1) a transit facility, including Orange County Transportation Authority ("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; WHEREAS, the proposed amendment to the PC-27 Development Plan would add recreational uses as a third permitted use for Area 1 consistent with the general purpose of Area 1 and General Plan Land Use category; WHEREAS, the PC-27 Development Plan contains no provision for the initiation of a development plan amendment and further dictates that the NBMC shall regulate the development plan when such regulations are not provided; and WHEREAS, Section 20.66.020 of the NBMC provides that the City Council may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC, or in this case the PC-27 Development Plan, with or without a recommendation from the Planning Commission. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: - Resolution No. 2023- Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates an amendment to the Newport Village Planned Community (PC-27) Development Plan to allow recreational uses within Area 1. Section 2: 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 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. 18-5 Resolution No. 2023- Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 25t" day of April, 2023, Noah Blom Mayor ATTEST: Leilani !. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney