HomeMy WebLinkAbout2023-24 - Initiating an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071)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 ("NDMC");
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. 2023-24
Page 2of3
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.
Resolution No. 2023-24
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.
Will O'Neill
Mayor Pro Tern
ATTEST:
f �
Leilani I. Brow
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron Harp
City Att ney
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. 2023-24 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of April, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of April, 2023.
4A, 4, �m �
Leilani I. Brown
City Clerk
Newport Beach, California