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HomeMy WebLinkAbout04 - Newport Center Planned Community Amendments Second Reading of Ordinances (PA2015-109) - Amended 2015-32ORDINANCE NO. 2015-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2015- 001 AMENDING THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN (PA2015-109) WHEREAS, The Irvine Company filed applications requesting approval of amendments to the North Newport Center Planned Community Development Plan (PCDP), Block 500 Planned Community District Regulations, and a Transfer of Development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100; WHEREAS, the requested amendment to the North Newport Center PCDP does the following: (i) update development limits to reflect past approved and the proposed transfer of development and adds two existing buildings (2071 and 2101 San Joaquin Hills Road) to subarea Block 500; and (ii) modifies height limits, allowed uses, parking requirements, and sign regulations; WHEREAS , on September 17, 2015, after a noticed public hearing, the Planning Commission received public comments and on an affirmative motion (5 ayes, 0 noes, 2 absent), forwarded a recommendation to the City Council to adopt Transfer of Development No. TD2015-001 and Planned Community Development Plan Amendment No. PD2015-001; WHEREAS , on October 15, 2015, the Airport Land Use Commission (ALUC) reviewed the proposed changes to the North Newport Center PCDP including the change to the height limit for buildings under 200 feet given that the change in regulations is subject to their review pursuant to Public Utilities Code Section 21676(b); and found the proposed amendment consistent with the Airport Environs Land Use Plan for John Wayne Airport; WHEREAS, the updated regulations reflecting past approved and proposed transfers of development will allowing allow for more efficient and accurate administration of regulations. Adding 2071 and 2101 San Joaquin Hills Road to the PCDP is appropriate and will regulate these sites consistent with the adjacent office buildings currently within the PCDP. The changes to permitted uses, height regulations, parking regulations, and sign regulations are appropriate and acceptable and will appropriately implement the General Plan and avoid land use conflicts; and WHEREAS, on October 27, 2015, after a noticed public hearing, the City Council considered The Irvine Company’s application request for a transfer of development (TD2015-001) and Planned Community Development Plan Amendment No. PD2015-001 and all verbal and written evidence submitted at the hearing. November 10, 2015 Item No. 4 Ordinance No. 2015-32 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The North Newport Center Planned Community Development Plan is hereby amended as shown in Exhibit A, which is incorporated herein by reference. Section 2: 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 3: The City Council finds the amendment of the North Newport Center Planned Community exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines because it has no potential to have a significant effect on the environment. The Class 1 exemption allows the alteration of existing structures involving negligible or no expansion of use and the Class 3 exemption allows construction of new, small facilities or structures and installation of small new equipment and facilities. The changes to planned community regulations do not authorize new uses or development and will not expand uses. The increase in height for architectural features and rooftop appurtenances are minor within the context of the existing and anticipated building heights as planned and regulated by the North Newport Center Planned Community District Plan. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that the applicant, The Irvine Company, should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Section 4: 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 in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Ordinance No. 2015-32 Page 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th day of October, 2015, and adopted on the 10th day of November, 2015, by the following vote, to-wit: AYES, COUNCILMEMBERS ____________________________________________ NOES, COUNCILMEMBERS ____________________________________________ ABSENT COUNCILMEMBERS __________________________________________ MAYOR_______________________________________________ Edward D. Selich ATTEST: _____________________________________ Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE _____________________________________ Aaron C. Harp, City Attorney Exhibit A Updated North Newport Center PCDP