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HomeMy WebLinkAbout03 - 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 July 25, 2023 Agenda Item No. 3 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: Ordinance No. 2023-12: 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 adoption of Ordinance No. 2023-12 to amend the Newport Village Planned Community (PC-27) Development Plan adding "recreational facilities" as an allowed use within Area 1. Area 1 encompasses the 2.43-acre property at the corner of Avocado Avenue and San Joaquin Hills Road and is currently developed with the Orange County Transportation Authority transit facility and parking lot. Currently the allowed uses for Area 1 are limited to a transit facility and signage. The attached ordinance was introduced and considered at the July 11, 2023 City Council meeting. RECOMMENDATIONS: a) Find the adoption of this ordinance 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 b) Conduct second reading and adopt Ordinance No. 2023-12, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071). DISCUSSION: The proposed amendment to the Newport Village Planned Community (PC-27) Development Plan adds "recreational facilities" as an allowed use to Area 1, allows any accessory structures necessary to serve a recreational use, and updates the parking requirements for Area 1 to allow flexibility for future projects. The amendment will not create any nonconformities, nor will it eliminate the transit facility or require the site to be redeveloped. Instead, the amendment provides greater flexibility for the underused areas to be repurposed in the future. 3-1 Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) July 25, 2023 Page 2 On July 11, 2023, the City Council introduced Ordinance No. 2023-12 to amend the PC-27 Development Plan. A public hearing was held, and the City Council introduced Ordinance No. 2023-12 for the amendment to the PC-27 Development Plan. If the attached ordinance is adopted, it would become effective 30 calendar days after adoption. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the adoption of this ordinance 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 to implement. The amendment in and of itself does not authorize new development that would directly result in physical change to the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2023-12 3-2 Attachment A Ordinance No. 2023-12 3-3 ORDINANCE NO. 2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE NEWPORT VILLAGE PLANNED COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW RECREATIONAL USES WITHIN AREA 1 (PA2023-0071) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the Newport Village Planned Community ("PC-27") District has been implemented in accordance with the General Plan; WHEREAS, 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 and includes 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; WHEREAS, 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; WHEREAS, 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; WHEREAS, 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"); WHEREAS, OCTA has identified underused portions of the facility that may be used for other activities; 3-4 Ordinance No. 2023- Page 2 of 4 WHEREAS, on April 25, 2023, the City Council 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"); WHEREAS, the Planning Commission held a public hearing 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 hearing was given in accordance with the California Government Code Section 54950 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 hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-026 by a majority vote (7 ayes, 0 nays) recommending to the City Council approval of the Planned Community Development Plan Amendment (PA2023-0071); and WHEREAS, the City Council held a public hearing on July 11, 2023, in the 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 and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council does hereby approve the Code Amendment referred to as PA2023-0071 to amend the Newport Village Planned Community (PC-27) Development Plan as set forth in Exhibit "A," and based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 3-5 Ordinance No. 2023- Page 3 of 4 Section 3: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 City Council finds the introduction and adoption of this ordinance 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 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 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Village Planned Community Development Plan shall remain unchanged and shall be in full force and effect. 3-6 Ordinance No. 2023- Page 4 of 4 Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of July 2023, and adopted on the 25th day of July, 2023, by the following vote, to -wit: AYES: NAYS: ABSENT: NOAH BLOM, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFIC " c A RON C. HARP, CITY ATTORNEY Attachments: Exhibit A — Code Amendment (PA2023-0071) Exhibit B — Findings in Support of Code Amendment (PA2023-0071) 3-7 EXHIBIT "A" CODE AMENDMENT (PA2023-0071) 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-_ , 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 KIM 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 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. 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 Paddne. 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. 3-9 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 a 65,000 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). 3-10 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. 3-11 EXHIBIT "B" FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2023-0071) 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 utilization 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 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. 3-12 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. 3-13