HomeMy WebLinkAbout5.0_Newport Village Planned Community Development Plan Amendment_PA2023-0071CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
June 22, 2023
Agenda Item No. 5
SUBJECT: Newport Village Planned Community Development Plan Amendment
(PA2023-0071)
SITE LOCATION: 1550 Avocado Avenue, at the corner of Avocado Avenue and San
Joaquin Hills Road
APPLICANT: City of Newport Beach
OWNER: Orange County Transportation Authority (OCTA)
PLANNER: Joselyn Perez. Associate Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
Consistent with the City Council’s initiation on April 25, 2023, the proposed amendment
to the Newport Village Planned Community (PC-27) Development Plan would add
“recreational facilities” as an allowed use within the area designated as Area 1. Area 1
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.
RECOMMENDATION
1)Conduct a public hearing;
2)Find the amendment is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of the California Public Resources
Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action
is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule
that CEQA applies only to projects, which have the potential for causing a significant
effect on the environment; and
3)Adopt Resolution No. PC2023-026 (Attachment No. PC 1) recommending the City
Council approve a Planned Community Development Plan Amendment allowing
recreational facilities in Area 1 of the Newport Village Planned Community.
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Newport Village Planned Community Development Plan Amendment (PA2023-0071)
Planning Commission, June 22, 2023
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Public Facilities (PF) Newport Village Planned
Community (PC-27)
OCTA transit facility and
parking lot
NORTH
Open Space (OS), N/A
(public right-of-way), and
Private Institutions (PI)
North Newport Center
Planned Community (PC-56),
N/A (public right-of-way), and
Big Canyon Planned
Community (PC-8)
Landscaped parcel with
San Joaquin Hills Road
and a religious institution
beyond
SOUTH OS PC-27 Civic Center dog park and
park
EAST
N/A (public right-of-way),
Single Unit Residential
Detached (RS-D), and
General Commercial (CG)
N/A (public right-of-way),
Single-Unit Residential (R-1-
6,000), and Commercial
General (CG)
MacArthur Boulevard,
single-unit dwellings, and
Roger’s Gardens
WEST
N/A (public right-of-way)
and Mixed-Use Horizontal
(MU-H3)
N/A (public right-of-way) and
Block 500 Newport Center
(PC-46)
Avocado Avenue with
offices beyond
Area 1 of PC-27
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DISCUSSION
Background
The Newport Village Planned Community (PC-27) Development Plan contains five
distinct land use areas designated as Area 1 through Area 5. They are intended to allow
for the development of retail, governmental, institutional, and open space uses. The
proposed amendment would only apply to Area 1.
Figure 1: Land Use Plan for PC-27
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 Orange
County Transportation Authority (OCTA) transit facility and supporting surface parking lot.
The allowed uses for Area 1 are limited to (1) a transit facility, including bus shelter
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Newport Village Planned Community Development Plan Amendment (PA2023-0071)
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structures, restrooms, and a public parking lot and (2) signage in accordance with the
Newport Beach Municipal Code (NBMC).
The existing transit facility and parking lot were entitled in 1988 and constructed shortly
thereafter. The facility includes bus docks, canopy shelters, restrooms, passenger waiting
platforms, and a surface parking lot. The site was entitled and developed in accordance
with Use Permit No. UP3268. The property was later transferred from the Irvine Company
to the Orange County Transportation Authority.
Initiation of Amendment
Since the onset of the COVID-19 pandemic, ridership to and from the transit facility has
seen a decline and parking at the facility has never been fully utilized. OCTA has identified
underused portions of the site including about half the surface parking lot.
In response, on April 25, 2023, the City Council initiated an amendment to PC-27 to add
recreational uses to Area 1. Resolution No. 2023-24 initiating the amendment is included
as Attachment No. PC 2.
Proposed Amendment
The proposed amendment would add “recreational facilities” as an allowed use to Area
1. Redline/strikeout revisions to the PC-27 development plan are available as Attachment
No. PC 3. The amendment also allows any accessory structures necessary to serve a
recreational use.
The amendment will not create any nonconformities, nor will it eliminate the transit facility
or require the site to be redeveloped. Instead, it will allow greater flexibility for the
underused areas to be potentially repurposed in the future. There is no specific
recreational use proposed at this time, although a number of public pickleball courts may
be considered.
The following three sections of the staff report analyze typical zoning considerations
including compatibility with surrounding land uses, parking, and consistency with the
General Plan.
Land Use Compatibility
Area 1 and the transit facility are located within the area generally referred to as Fashion
Island/Newport Center. Area 1 does not abut buildings, rather it is bounded by landscaped
parcels and public roadways. The nearest residential developments are located between
200 feet and 400 feet away to the northwest, east, and southeast, and are further
separated from Area 1 by San Joaquin Hills Road and MacArthur Boulevard. These are
considered major roadways, which are divided and have six lanes. Between the
significant upslope from Area 1 to the roadways and the intervening roadways
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Newport Village Planned Community Development Plan Amendment (PA2023-0071)
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themselves, there is a significant separation of uses that should ensure compatibility
between a future recreational use and the existing uses.
Other surrounding land uses include Avocado Avenue to the west and the office buildings
of North Newport Center Planned Community (PC-56) beyond. The City’s dog park is to
the south with Civic Center Park, City Hall, and the Central Library beyond. The proximity
of Area 1 to other existing recreational facilities lends itself well to the addition of
recreational uses. The area already serves as a center for recreation and a future
recreational use should complement the existing recreational amenities.
Parking
The PC-27 Development Plan states that the required parking for the transit facility shall
be in accordance with UP3268. Although UP3268 does not condition a certain number of
parking spaces be provided, the staff report indicated that 76 spaces are proposed. The
amendment will revise the parking requirements to remove the reference to UP3268 and
instead would require adequate parking to meet the needs generated by the uses of Area
1.
With no specific project currently, this revision allows flexibility in determining the right
number of spaces when a specific recreational use is proposed. Additionally, the
amendment will also allow the Community Development Director to request a parking
study. The amendment allows for future parking requirements to be use-specific rather
than trying to set a one-size-fits-all approach to a future recreational use. Ultimately, the
parking needs of the transit facility and the recreational use will be evaluated together to
ensure adequate parking is provided.
Consistency with the General Plan
Area 1 is designated as Public Facilities (PF) by the Land Use Element of the General
Plan. The PF designation is intended to specify areas of the City appropriate for the
development of public facilities. Public facilities include but are not limited to public
schools, cultural institutions, government facilities, libraries, community centers, public
hospitals, and public utilities. A future recreational facility either owned or operated by the
City for use by the public is consistent with the PF designation. No amendment to the
General Plan is necessary as part of the development plan amendment.
An amendment to the PC-27 Development Plan is a legislative act and neither the PC-27
Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20
(Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4
(Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land
Use) of the California Government Code provide required findings to approve the
amendment.
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Nonetheless, the amendment is consistent with City Council’s initiation, is consistent with
the purpose of the Public Facilities General Plan land use category and is in furtherance
of the General Plan’s Goals and, specifically, the following Policies provided in Table 1,
below.
Table 1- Applicable Polices
General Plan Goal or Policy Consistency
Policy LU 2.1 (Resident-
Serving Land Uses)
Encourage the accommodation of
uses that support the needs of
Newport Beach’s residents including
housing, retail, services,
employment, recreation, education,
culture, entertainment, civic
engagement, and social and spiritual
activity that are in balance with
community natural resources and
open spaces.
The amendment will allow for the activation of
underused property as a possible recreational use
for residents, employees of nearby businesses, and
visitors to Newport Beach.
Policy LU 6.1.2 (Siting of New
Development)
Allow for the development of new
public and institutional facilities
within Newport Beach provided that
the use and development facilities
are compatible with the adjoining
land uses, environmentally suitable,
and can be supported by
transportation and utility
infrastructure.
Area 1 is within the vicinity of other parks such as
Civic Center Park and facilities such as the Newport
Beach Central Library. Future recreational facilities
would complement the existing character of
development of the area which serves residents.
Furthermore, the location will still maintain bus
service meanwhile a wide range of residents will be
able to visit and enjoy any future potential
recreational uses.
Goal R1 (Provision of Facilities)
Provision of adequate park and
recreation facilities that meet the
recreational needs of existing and
new residents of the community.
Table R1 within the Recreation Element provides a
summary of parkland acres needed versus parkland
acres provided. There is currently a deficit in total
parkland provided. As parkland includes recreational
facilities, allowing for recreational uses on the subject
property can help the City achieve its goal of
providing adequate parklands.
Policy R 1.9 (Priority for Facility
Provision)
Provide additional park and
recreation facilities that meet the
The Recreation Element identifies that the “fastest
growing recreational demand in Newport Beach is
the need for additional sports fields, especially
lighted facilities available for after-work sports
leagues”. It continues that, “meeting this
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Table 1- Applicable Polices
General Plan Goal or Policy Consistency
needs as identified by direct
feedback from residents, analysis of
future trends, and through
observations by Recreation and
Senior Services staff.
need will be a challenge because of the large amount
of area required for sports fields, the lack of
suitable vacant land in the City, and the high cost of
such land.” Area 1 is a large enough area to develop
a field or a court.
Summary
The proposed amendment will facilitate the provision of additional recreational amenities
on an underused site to help the City meet its goal to provide active recreational facilities
for the community including residents, employees, and visitors.
Alternatives
Should the Planning Commission identify any deficiencies in the proposed amendment
or any areas for improvement, the Planning Commission may recommend revisions to
the draft ordinance. Should the amendment be recommended for denial, the allowed uses
for Area 1 will continue to be (1) a transit facility, including bus shelter structures,
restrooms, and a public parking lot and (2) signage in accordance with the NBMC.
Environmental Review
The amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title
14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant
to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment. The
amendment would allow a new category of use for Area 1 within the PC-27 Development
Plan. Any future development project in accordance with the new category will be subject to
subsequent action in order to implement. The amendment in and of itself does not authorize
new development that would directly result in physical change to the environment.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
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Newport Village Planned Community Development Plan Amendment (PA2023-0071)
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Prepared by:
Submitted by:
BMZ/jp
ATTACHMENTS
PC 1 Draft Resolution recommending City Council approval
PC 2 City Council Resolution No. 2023-24
PC 3 Redline/Strikeout version of the amended Planned Community Development Plan
01/18/23
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Attachment No. PC 1
Draft Resolution recommending City
Council Approval
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Page 1
RESOLUTION NO. PC2023-####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
RECOMMENDING CITY COUNCIL ADOPTION OF AN
AMENDMENT TO THE NEWPORT VILLAGE PLANNED
COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW
RECREATIONAL USES WITHIN AREA 1 (PA2023-0071)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Village Planned Community (“PC-27”) encompasses 33.3 acres
generally bound by San Joaquin Hills Road to the north, MacArthur Boulevard to
the east, Coast Highway to the south, and Avocado Avenue to the west. It contains
five distinct land use areas designated as Area 1 through Area 5, which are intended
to be developed with retail, governmental, institutional, and open space uses.
2. Area 1 identifies the 2.43-acre property at the corner of Avocado Avenue and San
Joaquin Hills Road (“Property”) that is developed with the Orange County
Transportation Authority (“OCTA”) transit facility and surface parking lot. Area 1 is
designated specifically as an area appropriate for governmental and institutional uses
and is categorized as Public Facilities by the Land Use Element of the General Plan.
3. The two permitted uses for Area 1 are: (1) a transit facility, including OCTA buses and
vehicles, bus shelter structures and restrooms, and public parking, and (2) signage in
accordance with the Newport Beach Municipal Code (“NBMC”).
4. OCTA has identified underused portions of the facility that may be used for other
activities.
5. On April 25, 2023, the City Council of the City of Newport Beach (“City”) adopted
Resolution No. 2023-24 initiating an amendment to the PC-27 Development Plan
to add recreational uses as a third permitted use to Area 1 (“Code Amendment”).
6. A public hearing was held on June 22, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the Section 54950 of the California
Government Code et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
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Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment. The Code
Amendment would allow a new category of use for Area 1 within the PC-27 Development
Plan. Any future development project in accordance with the new category will be subject to
subsequent action in order to implement. The Code Amendment in and of itself does not
authorize new development that would directly result in physical change to the environment.
SECTION 3. REQUIRED FINDINGS.
An amendment to the PC-27 Development Plan is a legislative act. The PC-27
Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20
(Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4
(Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land
Use) of the California Government Code set forth any required findings for either approval
or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment is consistent with the City Council’s
initiation, is consistent with the purpose of the Public Facilities General Plan land use
category, and is in furtherance of the General Plan’s Goals and, specifically, the following
Policies:
Policy:
LU 2.1 (Resident-Serving Land Uses)
Encourage the accommodation of uses that support the needs of Newport Beach’s residents
including housing, retail, services, employment, recreation, education, culture, entertainment,
civic engagement, and social and spiritual activity that are in balance with community natural
resources and open spaces.
Fact in Support of Policy:
The Code Amendment will allow for the activation of underused property as a possible
recreational use for residents of and visitors to Newport Beach.
Policy:
LU 6.1.2 (Siting of New Development)
Allow for the development of new public and institutional facilities within Newport Beach
provided that the use and development facilities are compatible with the adjoining land
uses, environmentally suitable, and can be supported by transportation and utility
infrastructure.
Fact in Support of Policy:
Area 1 is within the vicinity of other parks such as Civic Center Park and facilities such as
the Newport Beach Central Library. Future recreational facilities would complement the
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existing character of development of the area which serves residents. Furthermore, the
location will still maintain bus service meaning a wide range of residents will be able to
visit and enjoy any future potential recreational uses.
Policy:
R 1.9 (Priority for Facility Provision)
Provide additional park and recreation facilities that meet the needs as identified by direct
feedback from residents, analysis of future trends, and through observations by Recreation
and Senior Services staff.
Fact in Support of Policy:
The Recreation Element identifies that the “fastest growing recreational demand in
Newport Beach is the need for additional sports fields, especially lighted facilities available
for after-work sports leagues”. It continues that, “meeting this need will be a challenge
because of the large amount of area required for sports fields, the lack of suitable vacant
land in the City, and the high cost of such land.” Area 1 is a large enough area to develop
a field or a court.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Code
Amendment is not a project subject to the California Environmental Quality Act (“CEQA”)
in accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant
to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment.
While this amendment would allow a new category of use in an existing planned
community, it does not authorize new development that would directly result in physical
change to the environment. Any future development project in accordance with the new
category will be subject to subsequent action in order to implement.
2. The Planning Commission of the City of Newport Beach hereby recommends approval
of the Code Amendment as set forth in Exhibit “A,” which is attached hereto and
incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 22nd DAY OF JUNE, 2023.
AYES:
NOES:
ABSTAIN:
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Page 4
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Sarah Klaustermeier, Secretary
Attachment: Exhibit A – PC-27 Development Plan Amendment
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Page 5
EXHIBIT “A”
PC-27 DEVELOPMENT PLAN AMENDMENT
The cover page of the Newport Village Planned Community (PC-27) Development
Plan shall be amended to read as follows:
NEWPORT VILLAGE
PLANNED COMMUNITY TEXT
Amendment No. PA2023-0071
City Council Ordinance 23-###
June 27, 2023
Amendment No. 594
City Council Ordinance 83-27
October 24, 1983
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 729
City Council Resolution No. 92-5
January 13, 1992
Amendment No. 746
City Council Resolution No. 92-6
January 13, 1992
Amendment No. 835
City Council Resolution No. 95-130
November 27, 1995
Amendment No. PA 2009-111
City Council Ordinance No. 2009-28
November 24, 2009
17
Subsection A (Permitted Uses) of Section III (Governmental and Institutional [Areas 1 and
4]) of the PC-27 Development Plan shall be amended to read as follows:
A. Permitted Uses
1. Transit Facility (Area 1), including parking of Orange County Transit District buses
and vehicles, bus shelter structures, including restrooms, and public parking.
2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks, storage
rooms, shade structures, incidental seating, fencing, lighting, and other ancillary
structures.
3. Public Library (Area 4), including appurtenant facilities such as public meeting rooms.
4. Signs in accordance with the City of Newport Beach Municipal Code.
Subsection 4 (Off-Street Parking) of Subsection C (Development Standards) of Section III
(Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be
amended to read as follows:
4. Off-Street Parking. Off-street parking shall be provided on-site in surface lots or in parking
structures.
Sufficient parking facilities shall be provided to meet the needs generated by the uses within
Area 1. The Director may require a parking study to indicate that parking demand will be less
than the number of spaces provided or that other parking is available (e.g., City parking lot
located nearby, on-street parking available, normal walk in).
Parking for public library shall be provided at a ratio of one parking space for each 250 square
feet.
The 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.
Subsection 5 (Lighting) of Subsection C (Development Standards) of Section III
(Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be
amended to read as follows:
Lighting. Lighting of building interiors and exteriors, sport courts, and parking lots shall be
developed in accordance with City Standards and shall be designed and maintained in a manner
which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting
shall be limited to that necessary for security and shielded from any adjacent residential area.
The plans for lighting shall be prepared and signed by a licensed electrical engineer, and shall
be subject to review and approval of the City Planning Department.
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Planning Commission Resolution No. PC2023-###
Page 2 of 8
01-17-23
The Appendix of the PC-27 Development Plan shall be amended to read as follows:
APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the Newport
Village area in Newport Center.
A 728 City Council adopted 01-13-92 Resolution 92-4
Request to amend the Corporate Plaza Planned Community Development Plan so as to permit
85,000 sq. ft. of additional office development transferred from the Newport Village Planned
Community. The proposal also includes a request to amend the Planned Community sign
provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West
Planned Community.
A 729 City Council adopted 01-13-92 Resolution 92-5
Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150-
sq. ft. of additional office development, 35,000 sq. ft. of which would be transferred from the
Newport Village Planned Community and 22,150 sq. ft. of which is new development
entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the
Newport Village Planned Community. The proposal also includes: a request to amend the
existing Planned Community sign standards; and a change to require the approval of a use permit
for restaurants rather than a site plan review.
A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to: expand
the boundary of the Planned Community so as to include the land bounded by Avocado Avenue,
San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as
to identify five statistical development areas which are distributed between two land use
designations of Governmental/Institutional and Open Space, and delete the multiple family
residential and retail designations; add development standards for the development of a65,000
sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General
Notes Section.
A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft.
specialty retail shopping center.
City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009-111)
Request to amend the Newport Village P-C to remove from Area 1 the open space frontage on
San Joaquin Hills Road and the open space corner portion at San Joaquin Hills Road and
MacArthur. Said area to be incorporated into the North Newport Center Planned Community
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Planning Commission Resolution No. PC2023-###
Page 3 of 8
01-17-23
District (PC-56).
City Council adopted ##-##-## Ordinance No. 2023-## (PA 2023-0071)
Request to amend the Newport Village Planned Community Development Plan to add
recreational uses as a permitted use for Area 1.
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Attachment No. PC 2
City Council Resolution No. 2023-24
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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:
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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.
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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
25
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
26
Attachment No. PC 3
Redline/Strikeout version of the amended
Planned Community Development Plan
27
INTENTIONALLY BLANK PAGE28
Page 1
NEWPORT VILLAGE
PLANNED COMMUNITY TEXT
Amendment No. PA2023-0071
City Council Ordinance 23-###
June 27, 2023
Amendment No. 594
City Council Ordinance 83-27
October 24, 1983
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 729
City Council Resolution No. 92-5
January 13, 1992
Amendment No. 746
City Council Resolution No. 92-6
January 13, 1992
Amendment No. 835
City Council Resolution No. 95-130
November 27, 1995
Amendment No. PA 2009-111
City Council Ordinance No. 2009-28
November 24, 2009
29
Page 2
SECTION III. GOVERNMENTAL AND INSTITUTIONAL (AREAS 1 and 4)
A. Permitted Uses
1. Transit Facility (Area 1), including parking of Orange County Transit District
buses and vehicles, bus shelter structures, including restrooms, and public
parking.
2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks,
storage rooms, shade structures, incidental seating, fencing, lighting, and other
ancillary structures.
23. Public Library (Area 4), including appurtenant facilities such as public meeting
rooms.
34. Signs in accordance with the City of Newport Beach Municipal Code.
B. Uses Requiring a Use Permit
1. Restaurants.
2. Retail uses such as gift shop, book store.
C. Development Standards
1. Floor Area and Development Limits. The total floor area shall be as provided
in Section I Statistical Analysis, consistent with the Newport Beach General
Plan.
2. Building Height. Buildings shall be subject to the height regulations specified
in Section 20.87.205 of the Newport Beach Municipal Code, except that no
building shall extend higher than the extension of the sight plane established
by Ordinance No. 1596 for the Corporate Plaza Planned Community.
3. Setback Requirements. The following building setback requirements,
measured from the property line, shall apply:
Avocado Avenue 20 feet
Coast Highway 40 feet
MacArthur Boulevard 40 feet
San Miguel 20 feet
4. Off-Street Parking. Off-street parking shall be provided on-site in surface lots or in
parking structures.
Parking for the transit facility shall be in accordance with Use Permit No. 3286.
Parking for uses within Area 1 shall be provided to meet the minimum needs of the
individual uses. The Director may require a parking study to identify necessary
parking demands and the shared use of off-street parking lots may be authorized.
Parking within the adjacent public right-of-way may be counted toward meeting the
parking demand for public recreational uses developed in Area 1
30
Page 3
Parking for public library shall be provided at a ratio of one parking space for each
250 square feet.
The 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.
5. Lighting. Lighting of building interiors and exteriors, sport courts, and parking lots
shall be developed in accordance with City Standards and shall be designed and
maintained in a manner which minimizes impacts on adjacent land uses including
Harbor View Hills. Nighttime lighting shall be limited to that necessary for security
and shielded from any adjacent residential area. The plans for lighting shall be
prepared and signed by a licensed electrical engineer, and shall be subject to review
and approval of the City Planning Department.
6. Landscaping. A minimum of 5% of the paved surface parking areas shall be devoted
to planting areas. A landscaping program shall be reviewed and approved by the
Parks, Beaches and Recreation Department, and the Planning and Public Works
Departments. In no case shall any landscaping penetrate the Sight Plane established by
Ordinance No. 1596 for Corporate Plaza.
31
Page 4
APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the
Newport Village area in Newport Center.
A 728 City Council adopted 01-13-92 Resolution 92-4
Request to amend the Corporate Plaza Planned Community Development Plan so as to
permit 85,000 sq. ft. of additional office development transferred from the Newport
Village Planned Community. The proposal also includes a request to amend the Planned
Community sign provisions so as to be consistent with the proposed sign provisions of the
Corporate Plaza West Planned Community.
A 729 City Council adopted 01-13-92 Resolution 92-5
Request to amend the Civic Plaza Planned Community Development Plan so as to add
57,150-sq. ft. of additional office development, 35,000 sq. ft. of which would be trans-
ferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new
development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would
be transferred to the Newport Village Planned Community. The proposal also includes: a
request to amend the existing Planned Community sign standards; and a change to require
the approval of a use permit for restaurants rather than a site plan review.
A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to:
expand the boundary of the Planned Community so as to include the land bounded by
Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise
the land use plan so as to identify five statistical development areas which are distributed
between two land use designations of Governmental/Institutional and Open Space, and
delete the multiple family residential and retail designations; add development standards
for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre
public park; and the addition of a General Notes Section.
A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft.
specialty retail shopping center.
City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009-111)
Request to amend the Newport Village P-C to remove from Area 1 the open space
frontage on San Joaquin Hills Road and the open space corner portion at San Joaquin Hills
Road and MacArthur. Said area to be incorporated into the North Newport Center Planned
Community District (PC-56).
City Council adopted ##-##-## Ordinance No. 2023-## (PA 2023-0071)
Request to amend the Newport Village Planned Community Development Plan to add
recreational uses as a permitted use for Area 1.
32
June 22, 2023, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. NEWPORT VILLAGE PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT (PA2023-0071)
1.Shouldn’t the staff report also analyze consistency with the City’s newly-adopted General
Plan Circulation Element?
Would a proposal to remove half the bus terminal’s parking lot be consistent with the City’s
presumed commitment to promote alternative modes of transportation, including mass
transit?
2.If the Newport Village Planned Community text, PC-27, needs to be revised, shouldn’t it also
be updated to reflect the possibility of a City Hall and parking structure in Area 3, as well as
updating the Exhibit A (“Land Use Plan”) map on page 20 to reflect the reversion of
“Farallon Dr” to “Civic Center Dr”?
Planning Commission - June 22, 2023 Item No. 5a - Additonal Materials Received Newport Village Planned Community Development Plan Amendment (PA2023-0071)
Newport Village Planned Community Amendment (PA2023-0071)
June 22, 2023
Joselyn Perez, Associate Planner
Planning Commission
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
2 of 7Community Development Department
Vicinity Map
Area 1
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
3 of 7Community Development Department
Surrounding Land Uses
Church
(PI, PC 8)
Roger’s Gardens
(GC, CG)
Single Unit Residential
(RS-D, R-1-6,000)
Civic Center Park
(OS, PC 27)
Offices
(MU-H3, PC 56)
Offices
(CO-M, PC 56)
Transit Center
(PF, PC 27)
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
4 of 7Community Development Department
Existing Site –Background
Avocado Avenue
•Entitled in 1988
•City Council
initiated
amendment on
April 25, 2023
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
5 of 7Community Development Department
Newport Village Planned
Community (PC-27)
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
Recommendation
6 of 7Community Development Department
•Conduct a public hearing
•Find amendment not a project subject to CEQA
Future projects will need subsequent review (CEQA, traffic study,
etc.)
•Adopt the resolution recommending City Council approve the
amendment
Next Steps
•July 11, 2023, City Council Public Hearing
•July 25, 2023, City Council Second Reading
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)
7
Questions and Discussion
Joselyn Perez, Associate Planner
jperez@newportbeachca.gov
Planning Commission Public Hearing
June 22, 2023
Planning Commission - June 22, 2023 Item No. 5b - Additional Materials Presented at the Meeting Newport Village Planned Community Development Plan Amendment (PA2023-0071)