HomeMy WebLinkAbout18 - Initiation of an 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
April 25, 2023
Agenda Item No. 18
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: Resolution No. 2023-24: Initiation of an 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 initiation of an amendment to the Newport
Village Planned Community (PC-27) Development Plan to add "recreational facilities" as
an allowed use within the area designated as Area 1. This area 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.
RECOMMENDATIONS:
a) Determine this action 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; and
b) Adopt 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).
DISCUSSION:
PC-27 contains five distinct land use areas. As shown below in Figure 1, these areas are
designated as Area 1 through Area 5, and are intended for the development of retail,
governmental, institutional and open space uses. The proposed amendment would only
apply to Area 1.
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 OCTA
transit facility and surface parking lot. The two allowed uses for Area 1 are limited to (1)
a transit facility, including bus shelter structures, restrooms and a public parking lot and
(2) signage in accordance with the Newport Beach Municipal Code (NBMC). The
proposed amendment would add "recreational facilities" as a third allowed use.
18-1
Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned
Community Development Plan to Allow Recreational Uses Within Area 1
April 25, 2023
Page 2
The proposed amendment would not create any non conformities, nor would it require the
site to be redeveloped. Instead, it would allow greater flexibility for the underused portions
to be repurposed.
NEWPORT VILLAGE
PLANNED COMMUNITY DISTRICT
FAWC WMAND
�l
OPEN SPACE a
GOVERNMENTALAASTITUTIONAL E
RETAIL s
NOT A PART
Figure 1: Land Use Plan and Aerial Photograph for PC-27
Amendment Initiation
PC-27 contains no provision for the initiation of a development plan amendment. PC-27
does however state that the NBMC shall regulate the development plan when a regulation
is not provided. Given the lack of an amendment procedure, the City Council may initiate
an amendment to the development plan in accordance with NBMC Section 20.66.020
(Initiation of Amendment). Section 20.66.020 provides that a code amendment may be
initiated by the City Council with or without a recommendation from the Planning
Commission.
This agenda item is not a public hearing. Should the City Council choose to initiate the
proposed amendment, the specific text changes will be drafted and considered by both
the Planning Commission and the City Council at future public hearings.
18-2
Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned
Community Development Plan to Allow Recreational Uses Within Area 1
April 25, 2023
Page 3
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The adoption of this resolution is exempt from environmental review under the California
Environmental Quality Act (CEQA), pursuant to Section 15262 (Feasibility and Planning
Studies) 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.
NOTICING:
The NBMC does not require notice for the initiation of amendments. Notice of this item
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website. Should the City Council initiate the amendment, public notice will be provided for
subsequent public hearings before the Planning Commission and the City Council as
required by the NBMC.
ATTACHMENT:
Attachment A — Resolution No. 2023-24
18-3
ATTACHMENT A
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 ("NBMC");
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:
-
Resolution No. 2023-
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
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.
18-5
Resolution No. 2023-
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,
Noah Blom
Mayor
ATTEST:
Leilani !. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney