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Home My WebLink About2021-126 - Exempting the Library Lecture Hall Project from Development Standards in Accordance with Section 20.10.040 (Applicability of Zoning Code) of the Newport Beach Municipal Code (PA2019-123)RESOLUTION NO. 2021-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, EXEMPTING THE LIBRARY LECTURE HALL PROJECT FROM DEVELOPMENT STANDARDS IN ACCORDANCE WITH SECTION 20.10.040 (APPLICABILITY OF ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2019-123) 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 Friends Room located within the Newport Beach Central Library at 1000 Avocado Avenue in the City of Newport Beach, California ("Property") hosts many programs including the Witte Lecture Series, Library Live speakers, It's Your Money, and Medicine in your Backyard, and numerous other speaker events; however, its limited capacity, sightlines and accoutrements revealed the need for a modern facility; WHEREAS, the City Council of the City of Newport Beach authorized the conceptual design and construction documents for the completion of a lecture hall to host library, cultural, educational, informational, entertainment, civic and community events to be funded equally between the City and Newport Beach Public Library Foundation ("Project"); WHEREAS, the Property is designated Public Facilities (PF) by the General Plan Land Use Element of the City of Newport Beach, which is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals and public utilities; WHEREAS, the Property is located within the Planned Community (PC) Zoning District, specifically Newport Village Planned Community District ("PC -27") in the Governmental/Institutional Area 4, which is intended to provide for a public library use including appurtenant facilities such as public meeting rooms; WHEREAS, the Project is not located within the coastal zone; Resolution No. 2021-126 Page 2 of 5 WHEREAS, the Project is consistent with the purpose and intent of these designations, and appurtenant library facilities such as public meeting rooms are specifically permitted within Area 4 (Governmental and Institutional) of the PC -27 regulations; WHEREAS, the City Council is considering approval of the final conceptual design of the Project which is described as a less than 10,000 square foot lecture hall with a stage, green room, seating for up to a maximum of 299 audience members, ADA compliant paths of travel and an interior lobby area; WHEREAS, Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach Municipal Code ("NBMC") authorizes the City Council to exempt City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific NBMC provisions that apply in the absence of the exemption; WHEREAS, flexibility in the applicable development standards is necessary to allow the City to construct a functional Project that supports library activities that serve the public; WHEREAS, specifically, flexibility from the maximum floor area, setbacks, and minimum parking standards set forth in Area 4 (Governmental and Institutional) of the PC -27 regulations are necessary; WHEREAS, PC -27 allows up to 65,000 square feet of gross floor area on the parcel for library facilities; however, the existing Central Library is 62,690 square feet of gross floor area and the Project would add up to 10,000 square feet of new floor area; WHEREAS, the approximately 72,690 square feet of existing and proposed gross floor area on the parcel complies with the Second Amendment to Declaration of Special Land Use Restrictions (dated December 4, 2019), which restricts the maximum gross floor area on the parcel to 74,000 square feet; WHEREAS, PC -27 requires a building setback of 20 feet from the property line along Avocado Avenue; however, the back portion of the Project referred to as the concourse, would project into the setback area up to 14 feet 6 inches; WHEREAS, siting a portion of the structure in the setback allows the Project to maintain as many existing parking spaces as possible and improves the vehicular approach to the Central Library with an entry drive that terminates at a drop-off plaza; Resolution No. 2021-126 Page 3 of 5 WHEREAS, portions of the structure that would encroach into the Avocado Avenue setback would be elevated roughly 5 feet from the ground level and cantilevered over the existing swale and include glass elements, which would reduce the appearance of bulk and scale for pedestrians and motorists along Avocado Avenue; WHEREAS, the property line is situated approximately 17 feet from the curb of Avocado Avenue which creates additional separation from cyclists and motorists along the street and the nearest driveway is more than 150 feet from the Project such that the encroachment would not impede sightlines for vehicular access; WHEREAS, the Project does not result in a loss of parking spaces as approximately 13 existing parking spaces would be relocated to serve both the Project and Central Library with the final design and layout of all parking and loading areas being subject to the review and approval by the City Traffic Engineer and Public Works Department; WHEREAS, although the Project does not result a net loss of parking spaces, the Project does not meet the parking requirement of one space per 250 square feet of floor area for library facilities required by the PC -27 regulations; WHEREAS, authorizing the reduction of parking is appropriate in that the Project's drop-off at the entryway ensures access to those with limited mobility; WHEREAS, PC -27's parking requirements were adopted at a time when rideshares were uncommon, therefore, if PC -27 were adopted today, it may result in more relaxed parking standards applied to the Project; WHEREAS, the Project is consistent with the General Plan Land Use Designation PF (Public Facilities) which does not include floor area limits, setback requirements, or minimum parking standards; WHEREAS, the Property is in an urban, developed area and utilities including water, sewer, and other utilities are available on the Property, with only minor extensions needed to connect to the Project; WHEREAS, the Project does not exceed the height limit of 45 feet set forth in the PC -27 regulations, nor would the Project extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community; and Resolution No. 2021-126 Page 4 of 5 WHEREAS, the City Council held a public hearing on November 30, 2021, in the City 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 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 City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: In accordance with Section 20.10.040 (A) (Applicability of Zoning Code) of the NBMC, the City Council does hereby exempt the Project as depicted in the Conceptual Site Plan, which is attached hereto and incorporated herein by reference as Exhibit "A", from the gross floor area, setback and parking requirements set forth in the PC -27 Newport Village Planned Community District at the Property located at 1000 Avocado Avenue, Newport Beach, California. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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 4: The City Council finds the adoption of this resolution, in addition to several other actions in furtherance of the Project, are exempt from environmental review under CEQA pursuant to the categorical exemptions set forth in Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because there is no substantial evidence demonstrating an exception to reliance on the categorical exemptions. A more detailed analysis and determination supporting the CEQA exemptions are provided in the attached Exhibit "B," which is attached hereto and incorporated herein by reference. Resolution No. 2021-126 Page 5 of 5 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 30th day of November 2021. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney N °Ipowk` Brad/Av,ry Mav Attachment(s): Exhibit A — Conceptual Site Plan Exhibit B — Findings in Support of Categorical Exemptions under the California Environmental Quality Act ("CEQA") Exhibit "A" Conceptual Site Plan Al - - - - - - - - - - - - ........... -_ [ED) FA n EWPORT BEACH LIBRARY D ; jiiFlij!i!! LECTURE HALL ID 51 M ED S 121 ID ID G1 G1 0 EWPORT BEACH LIBRARY D ; jiiFlij!i!! LECTURE HALL Exhibit "B" Findings in Support of Categorical Exemptions under the California Environmental Quality Act ("CEQA") for the Library Lecture Hall Located at 1000 Avocado Avenue 15301 (Existina Facilities CEQA's Class 1 Exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or topographical features involving negligible or no expansion of a use beyond the use existing at the time of the lead agency's CEQA determination. (CEQA Guidelines, § 15301.) This exemption includes additions of up to 10,000 square feet in areas where all public services and facilities are available to allow for maximum development permissible in the General Plan and is not located in an environmentally sensitive area. The Property's General Plan Land Use Designation of PF (Public Facilities) does not include floor area limitations (CEQA Guidelines, § 15301(c).) The portion of the Property used for the Project would be less than one acre in size and is located on the southwest side of the library adjacent to Avocado Avenue. The replacement parking would be located across the existing surface parking lot near the MacArthur Boulevard boundary of the Property, where there is currently landscaping, hardscaping, and a sculpture. The Property currently includes the Newport Beach Central Library and surface parking, but adjacencies include the civic center buildings, a parking structure, as well as surface parking lots. The Project calls for the construction of a new library lecture hall facility consisting of no more than 10,000 square feet within existing developed areas that are not environmentally sensitive. The Project would include related subsequent steps, such as the approval of a construction contract and execution of other agreements. The structure would complement the existing facilities on-site and provide additional space to conduct public activities such as performances and lectures. In this urban, developed area, utilities including water, sewer, and gas, etc. are available on the Property, and minor extensions will be needed to connect to the library lecture hall facilities. The operation would be subject to all applicable City regulations regarding environmental quality, including noise and water quality and preliminary Water Quality Management Plan (PWQMP) has been prepared for the project. The displaces some of the existing water collection and treatment facilities for the City Hall/Library Campus, however, replacement or modification of those areas would be performed in compliance with an approved WQMP. Modifications to the treatment/collection areas area included within this Project. The Project therefore calls for the operation and minor alteration of existing public facilities involving negligible expansion of the existing use, which are exempt from CEQA pursuant to the Class 1 Exemption. 15303 (New Construction or Conversion of Small Structures) CEQA's Class 3 Exemption applies to the construction and location of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities in small structures. (CEQA Guidelines, § 15303.) This exemption includes the construction of up to four (4) nonresidential buildings not exceeding 10,0000 square feet in urbanized areas on sites zoned for such use, not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and not located in an environmentally sensitive area (CEQA Guidelines, § 15303(c).) The exemption also applies to street, water main, sewage, electricity, gas, and other utility extensions of reasonable length used to serve such exempt constructions. (CEQA Guidelines, § 15303(d).) The Project calls for the future construction of appurtenant library facilities (i.e., lecture hall) to support existing library operations. In this urban, developed area, utilities including water, sewer, gas, etc. are available on site, and only minor extensions will be needed to connect to the proposed building(s). Thus, the Project seeks to locate a new library lecture hall of no more than 10,000 square feet on the existing developed civic center campus in areas that are not environmentally sensitive, and is therefore exempt from CEQA pursuant to the Class 3 Exemption. 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. 2021-126 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 30th day of November, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: Mayor Pro Tem Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1s' day of December, 2021. 10TIJ, Ro No4/v►��I Leilani I. Brown City Clerk Newport Beach, California Leilani I. Brown City Clerk Newport Beach, California