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HomeMy WebLinkAboutPA2022-091_20220429_CDD Action Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER Subject: Newport Ridge Park Pickleball Courts (PA2022-091) ▪ Staff Approval No. SA2022-003 Site Location: 6331 East Newport Ridge Drive Applicant: Newport Ridge Community Association and The City of Newport Beach Legal Description: Parcel 1 of Lot Line Adjustment No. LL 94-006. See Attachment No. CD 1 for property depiction, incorporated herein by reference. On April 29, 2022, the Community Development Director approved Staff Approval No. SA2022-003 allowing the conversion of a portion of an existing baseball field into eight (8) outdoor pickleball courts. This approval is based on the following findings and subject to the following conditions. LAND USE AND ZONING • Zone: PC53 (Newport Ridge), Planning Area 10 – Recreation • General Plan: PR (Parks and Recreation) SUMMARY AND PROJECT DESCRIPTION The Applicant requests the conversion of a portion of an existing baseball field at Newport Ridge Park into eight (8) outdoor pickleball courts. The outdoor pickleball courts will be allocated between the City and Newport Ridge Community Association (NRCA), with six (6) courts designated for public use managed by the City and two (2) courts designated for NRCA’s exclusive use. The project also includes new park amenities such as sidewalks, benches, picnic tables, water fountains, shade mechanisms, landscape, and hardscape. The Applicant’s request does not change the total square footage or operational characteristics approved for Newport Ridge Park. No additional on-site improvements are proposed. I. BACKGROUND Newport Ridge Park. The County of Orange Planning Commission approved Planning Application No. PA95-0043 on March 30, 1995, for a site development permit to establish a 26-acre local park (Newport Ridge Park). The approval included grading and landscaping with the following major attractions: a sand volleyball court, a family picnic area, shade Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 2 Tmplt: 07/25/19 structures, play equipment, two (2) outdoor basketball courts, two (2) outdoor tennis courts, a multi-purpose sports field, restrooms, and connecting walkways. Pickleball Popularity. The sport of pickleball continues to rise in popularity among Newport Beach residents and is one of the fastest growing sports in the country. In Fall 2017, the City constructed four (4) dedicated pickleball courts at Bonita Canyon Sports Park Field No. 6 to address the growing community need and interest in the sport. As the sport continues to gain momentum as a mainstream recreational activity, the outdoor courts at Bonita Canyon Sports Park have become heavily impacted and do not meet the increasing demand for available court time. Adding new courts in the City would help fulfill the public demand for more open court times and could also support recreational programs such as league play, group/private lessons and tournaments for all skill levels and ages. NRCA and City Partnership. The Newport Ridge Community Association (NRCA) approached the City to partner in the development of pickleball courts at Newport Ridge Park. The park is owned and managed by NRCA and presents itself as the most viable park location in the City that meets important site conditions: 1. Distanced from homes to diminish potential noise impacts from pickleball play. 2. Existing parking that is sufficient to support the new recreational amenity. 3. Does not displace or impact any existing recreational programs. Lease Agreement. City staff is in the process of negotiating a thirty (30)-year lease with NRCA for use of land in exchange for development and maintenance costs of eight (8) pickleball courts along the eastern edge of the park, adjacent to Newport Coast Community Center parking lot. Per the agreement, the City will fund, design and construct eight (8) courts. Six (6) courts of which will be maintained and operated for public use. The remaining two (2) courts will be dedicated for NRCA use. In June 2021, the Parks, Beaches & Recreation (PB&R) Commission appointed three (3) commissioners to serve on the Newport Ridge Park Pickleball Courts Ad Hoc Committee to assist with conceptual design and community outreach. The Ad Hoc Committee, NRCA Board Members, Recreation & Senior Services and Public Works Departments have worked collectively to develop plans for the eight (8) unlit courts and site amenities. Proposed Improvements. The outdoor pickleball courts are designed to USA Pickleball Association (USAPA) specifications and the site will be furnished with shaded viewing areas, benches, trash cans, a bike rack and a bottle filling station. The two (2) northernmost courts will be fitted with a key fob system securing and limiting these two courts for NRCA resident access and use. The existing Newport Coast Community Center parking lot (122 spots) and restrooms will be utilized to support public use of the site. NRCA pickleball players will also have access to their community association parking lot and restrooms along the western edge of the park. In December 2021, the PB&R Commission voted to approve and forward design plans to City Council for final approval. On March 31, 2022, the Newport Ridge Community Association Board of Directors noticed their membership about the project and design parameters (Attachment No. CD 4) and received no opposition to the project. Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 3 Tmplt: 07/25/19 II. FINDINGS AND FACTS Pursuant to Section 20.54.070 (Changes to an Approved Project) of the Newport Beach Municipal Code (NBMC), the Community Development Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, and waive the requirement for a new use permit application. This staff approval is based on the following findings and facts in support of the findings. In this case, the Director determined the proposed changes: Finding: A. Are consistent with all applicable provisions of this Zoning Code. Facts in Support of Finding: 1. Newport Ridge Park will continue to be utilized as a recreational use. The outdoor pickleball courts are typical accessory uses within a recreational park and are permitted within Area 10 of PC53 (Newport Coast Planned Community Text) designated for the subject property. 2. The Project provides new public accommodations in the form of outdoor pickleball courts to serve the recreational needs of Newport Beach’s visitors and residents. The Project design will enhance the Recreation and Senior Services Department’s service capabilities to fulfill the public need for more open court times and could also support recreational programs such as league play, group/private lessons and tournaments for all skill levels and ages. 3. Pursuant to Chapter X (Permit Regulations and Procedures) of the Newport Ridge Planned Community (PC53), a Changed Plan may make minor amendments or changes regarding the location or alteration of any use or structure and may be approved by the Planning Director pursuant to Orange County Zoning Code Section 7-9-150.3. The property has since been annexed to the City. The City Community Development Director serves in the capacity of the Planning Director. 4. The Project emphasizes a use that enables Newport Beach to continue as a self- sustaining community. The Project minimizes the need for residents to travel outside of the community to look for recreational services. The pickleball courts will complement existing recreational infrastructure at Newport Ridge Park and the Newport Coast Community Center. 5. The Project would adhere to interior and exterior noise standards of the Municipal Code. Per Condition of Approval No. 8, all noise generated by the Project must comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 6. The pickleball courts are unlit, unenclosed, and do not increase the total square footage or overall capacity for the project. The proposed changes are consistent Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 4 Tmplt: 07/25/19 with the applicable conditions of approval of the original County Site Development Permit No. PA95-0043. 7. Sufficient parking will continue to be available to serve all uses on-site. The outdoor pickleball courts would not reduce existing parking. An on-site parking lot with 66 spaces (including accessible stalls) is adjacent to the multipurpose field. The 122 parking spaces at Newport Coast Community Center will also remain useable to serve the site. Finding: B. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project Facts in Support of Finding: 1. No square footage or other new sports facilities are proposed at Newport Ridge Park. The pickleball courts and new park amenities will provide for existing patrons and will not result in excessive increased daily trips to the site. 2. The outdoor pickleball courts will replace an existing portion of a baseball field and does not involve grading of any previously undisturbed land. 3. There is no substantial evidence that the proposed pickleball courts will have any significant adverse impacts upon the environment. Final Environmental Impact Report (EIR) 517, certified on February 26, 1991, was determined adequate to serve as a Program EIR for Site Development Permit No. PA95-0043. The pickleball courts do not affect any basis for findings or Applicable Mitigation Measures of Final EIR 517 for PA95-0043. Finding: C. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval. Facts in Support of Finding: 1. The proposed changes do not negatively impact a feature that was specifically addressed in staff reports or minutes prepared for Planning Application No. PA95- 0043. The recreational park was approved to serve the public with sports courts, picnic areas, and play structures. The proposed pickleball courts and park amenities do not substantially change the operation of the use, traffic, or parking for the site as was originally authorized under the original Site Development Permit No. PA95-0043. Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 5 Tmplt: 07/25/19 2. Condition of Approval No. 3 in Site Development Permit No. PA95-0043 authorizes changes to the approved plan, including location and alteration of any use or structures, provided the change complies with the provisions and spirit and intent of the approval action and that the action would have been the same for the changed plan as the approved plan. In this case, the proposed change involves removing an existing baseball field to accommodate eight (8) pickleball courts, which are common recreational amenities in public and private parks today. If the sport had the popularity as it does today, it is reasonable to assume that the pickleball courts would have been included at the time the park was originally developed. As a result, altering the existing baseball field to accommodate pickleball courts complies with the original approval's provisions, intent, and spirit. 3. The proposed pickleball courts do not result in any additional impacts beyond those analyzed prior to original project approval as documented in Planning Application No. PA95-0043. The project does not displace or impact any existing recreational programs, but serve to enhance existing amenities for residents and visitors of Newport Beach. 4. No conflict exists between the project and identified Natural Community Conservation Planning (NCCP) area. Development of the courts and park amenities are on an existing baseball field and adheres to the mitigation measures and conditions of approval of the approved park. 5. The proposed outdoor pickleball courts are approximately 300 feet away from the nearest residential use and separated by San Jaoquin Hills Road. Existing parking is sufficient to support the new recreational amenity. Since the courts are unlit and no amplified noise is permitted, negative impacts to residential uses are not anticipated. 6. Off-street parking will be maintained as established in the County of Orange Zoning Code. The Director has determined sufficient parking will be provided in the existing 122-space surface parking lot at Newport Coast Community Center and 66-space surface parking lot at Newport Ridge Park. Finding: D. Do not result in an expansion or change in operational characteristics of the use. Facts in Support of Finding: 1. The Project’s size and operational characteristics complement the existing park amenities such as the tennis and basketball courts on-site. The addition of the pickleball courts will not result in a change in the operational characteristics of the park but will instead provide additional amenities to complement the existing facilities. The pickleball courts are typical athletic facilities found at parks. 2. The Recreation and Senior Services Department, Public Works Department, and the Parks, Recreation, and Beach Commission reviewed the application. The Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 6 Tmplt: 07/25/19 Project is required to obtain all applicable permits from the appropriate City Departments and must comply with the most recent, City-adopted version of the California Building Code. III. DETERMINATION The Community Development Director determined that the proposed pickball courts and park amenities are consistent with the plans approved by the Orange County Planning Commission in conjunction with the review and approval of Planning Application No. PA95- 0043. IV. CONDITIONS 1. The development shall be in substantial conformance with the approved site plan, floor plans, materials board, and elevations stamped and dated with the date of this approval (except as modified by these conditions of approval). 2. The development shall be in substantial conformance with all applicable conditions of the County of Orange’s Site Development Permit No. PA95-0043. 3. The use of amplified sound within the outdoor pickleball courts area shall be prohibited. 4. This approval shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 5. The Applicant is required to obtain a building permit from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 6. The Applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved Mitigation Monitoring Reporting Program (MMRP) as approved by the County of Orange in Planning Application No. PA95-0043 for the project. 7. Any modification to the parking lot and/or number of parking spaces shall be reviewed and approved by the Planning Division. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code (NBMC). The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Newport Ridge Park Pickleball Courts (PA2022-091) April 29, 2022 Page 7 Tmplt: 07/25/19 Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 9. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Newport Ridge Park Pickleball Courts including, but not limited to, Staff Approval No. SA2022-003 (PA2022-091). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949 644-3200. On behalf of Seimone Jurjis, P.E., C.B.O., Community Development Director By: JC / pda Attachments: CD 1 Property’s Legal Depiction CD 2 Vicinity Map CD 3 Excerpt of PA95-0043 Conditions of Approval and Findings CD 4 Project Plans Attachment No. CD 1 Property’s Legal Depiction DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D1B18E18E48 Attachment No. CD 2 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Staff Approval No. SA2022-003 PA2022-091 6331 East Newport Ridge Drive Subject Property Location of Outdoor Pickleball Courts Attachment No. CD 3 Excerpt of PA95-0043 Conditions of Approval and Findings Attachment No. CD 4 Project Plans