HomeMy WebLinkAbout08 - Initiating General Plan and Zoning Amendments Related to the Lower Castaways Aquatics Facility (PA2024-0138)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 12, 2024
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253,
bzdeba@newportbeachca.gov
TITLE: Resolution No. 2024-81: Initiating General Plan and Zoning
Amendments Related to the Lower Castaways Aquatics Facility
(PA2024-0138)
ABSTRACT:
For the City Council's consideration is the initiation of amendments to Anomaly 54 in
Table LU2 of the General Plan Land Use Element and to the Castaways Marina Planned
Community (PC-37) Development Plan. Both amendments are necessary for the City of
Newport Beach to consider development of the Lower Castaways Aquatics Facility
located at 100 Dover Drive.
RECOMMENDATIONS:
a) Determine 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; and
b) Adopt Resolution No. 2024-81, A Resolution of the City Council of the City of Newport
Beach, California, Initiating Amendments to Table LU2 of the General Plan Land Use
Element and to the Castaways Marina Planned Community (PC-37) Development
Plan to Increase the Anomaly 54 Development Limit and to Allow a Community
Recreational Facility at Lower Castaways Park, 100 Dover Drive (PA2024-0138).
DISCUSSION:
At the City Council Planning Session on February 3, 2024, City staff presented the
Long -Range Planning -Capital Improvement Projects, as identified in the various City
Master Plans. It was highlighted that the City's Lower Castaways Park, located at
100 Dover Drive on the northeastern corner of Dover Drive and Coast Highway, is not
included in the Capital Improvement Projects list. The City Council expressed a desire to
explore possible improvements that would provide a community benefit by enhancing the
City's facilities at that location.
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Resolution No. 2024-81: Initiating General Plan and Zoning Amendments
Related to the Lower Castaways Aquatics Facility
November 12, 2024
Page 2
Subsequent to the Planning Session, the City Council established the Lower Castaways
Park Ad Hoc Committee on February 27, 2024, and confirmed the appointments of Mayor
Pro Tern Joe Stapleton and Councilmembers Robyn Grant and Noah Blom. The Ad Hoc
Committee was tasked with working with City staff in evaluating additional capital
improvements, harbor and beach uses, and/or recreational opportunities for Lower
Castaways. It met several times between March and September 2024. At those meetings,
the Ad Hoc Committee worked alongside City staff and on -call consultants to review
potential concepts. Ultimately, the Ad Hoc Committee identified a community recreational
pool facility with an approximately 9,000-square-foot building, including a 50-meter pool,
a therapy pool, a splash pad, a hand boat launch, and event venue, as the best use for
Lower Castaways.
At the October 8, 2024, City Council Study Session, City staff presented the Ad Hoc
Committee's recommendations. At the conclusion of the item, including public comments
and City Council discussion, the City Council unanimously supported pursuing the
Ad Hoc Committee's recommendations and taking the next steps forward.
Current General Plan. Zonina. and Amendment Initiation
The Lower Castaways Park site is categorized by the General Plan Land Use Element as
Recreational and Marine Commercial (CM) with a development limit set at 2,000 square
feet of gross floor area pursuant to Anomaly 54 in Table LU2. The CM Land Use
Category's intent is as follows:
"To provide for commercial development on or near the bay in a manner
that will encourage the continuation of coastal -dependent and coastal -
related uses, maintain the marine theme and character, encourage mutually
supportive businesses, encourage visitor -serving and recreational uses,
and encourage physical and visual access to the bay on waterfront
commercial and industrial building sites on or near the bay."
While the Ad Hoc Committee's recommendations are consistent with the intent of the
CM Land Use Category, Anomaly 54 does not allow sufficient development intensity to
accommodate the recommendations and must be increased.
The Lower Castaways Park Site is zoned Castaways Marina Planned Community
(PC-37), which identifies only a short list of permitted uses, as follows: (1) commercial
marina; (2) parking facilities intended to serve marina users; (3) accessory structures
normally associated with a commercial marina; (4) temporary structures and uses; and
(5) signs. The recommendations are inconsistent with this list, such that it must be
updated to include additional allowable uses and development standards.
The PC-37 Development Plan contains no provision for the initiation of an amendment.
As such, the Newport Beach Municipal Code (NBMC) provides for the process. Pursuant
to Section 20.66.020 (Initiation of Amendment) of the NBMC, an amendment may be
initiated by the City Council with or without a recommendation from the Planning
Commission.
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Resolution No. 2024-81: Initiating General Plan and Zoning Amendments
Related to the Lower Castaways Aquatics Facility
November 12, 2024
Page 3
This agenda item is not a public hearing. Should the City Council choose to initiate the
proposed amendments, the specific changes to Table LU2 and the PC-37 Development
Plan will be drafted and considered by both the Planning Commission and then the City
Council at future public hearings.
FISCAL IMPACT:
As this action is only initiating the required legislative amendments, there is no fiscal
impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is exempt from environmental review
under 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.
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 — Resolution No. 2024-81
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Attachment A
Resolution No. 2024-81
RESOLUTION NO. 2024- 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TABLE LU2 OF THE GENERAL
PLAN LAND USE ELEMENT AND THE CASTAWAYS
MARINA PLANNED COMMUNITY (PC-37)
DEVELOPMENT PLAN TO INCREASE THE
DEVELOPMENT LIMIT AND ALLOW A COMMUNITY
RECREATIONAL FACILITY AT LOWER CASTAWAYS
PARK (PA2024-0138)
WHEREAS, Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach General Plan to be initiated by the
City Council;
WHEREAS, a City Council Planning Session was held on February 3, 2024,
where the City's Long Range Planning Capital Improvement Projects were presented to
the City Council based on projects identified in the various City Master Plans, including
the Pavement Management Plan, Harbor & Beaches Master Plan, Facilities Financing
Plan, Park Maintenance Master Plan, Bicycle Master Plan, Water Master Plan, and Sewer
Master Plan (collectively, "Master Plans");
WHEREAS, the City's Lower Castaways Park, located at 100 Dover Drive ("Lower
Castaways"), is not included in the Capitol Improvements Plan and the City Council
expressed a desire to explore possible improvements to provide a community benefit and
enhance the City's facilities at Lower Castaways;
WHEREAS, the City Council established the Lower Castaways Ad Hoc
Committee ("Ad Hoc Committee") and confirmed the appointments of Mayor Pro Tern
Stapleton, Councilmember Grant, and Councilmember Blom on February 27, 2024,
pursuant to Resolution No. 2024-12;
WHEREAS, the Ad Hoc Committee's purpose and responsibility includes working
with City staff in evaluating additional capital improvements, harbor and beach uses,
and/or recreational opportunities for Lower Castaways;
WHEREAS, the Ad Hoc Committee met several times with City staff and on -call
consultants between March and September, 2024, to review potential options for
improvements, and ultimately determined the best use of Lower Castaways to be a
community recreational pool facility with rich amenities, including a 50 meter pool, therapy
pool, splash pad, hand boat launch, and meeting rooms ("Recommendations");
MR
Resolution No. 2024-
Page 2 of 3
WHEREAS, the Ad Hoc Committee presented the Recommendations to the full
City Council at a study session on October 8, 2024, and at the conclusion of the
presentation, including public comments and City Council discussion, the City Council
unanimously supported the Recommendations;
WHEREAS, Lower Castaways is designated Recreational and Marine
Commercial (CM) including Anomaly No. 54 by the City of Newport Beach General Plan
Land Use Element with a development limit of 2,000 square feet of gross floor area;
WHEREAS, Lower Castaways is located within the Castaways Marina Planned
Community (PC-37) Zoning District, which limits permitted uses to a commercial marina,
parking facilities intended to serve marina users, accessory structures normally
associated with a commercial marina, temporary structures and uses, and signs;
WHEREAS, the Recommendations are consistent with the purpose and intent of
the Recreational and Marine Commercial (CM) General Plan Land Use Category;
however, the proposed building would exceed the 2,000 square -foot development limit
identified in Anomaly No. 54 within Table LU2; and
WHEREAS, to move forward with the Recommendations an amendment to
Anomaly No. 54 within Table LU2 of the General Plan Land Use Element and the
Castaways Marina Planned Community (PC-37) Development Plan are necessary.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby initiate amendments to Anomaly No.
54 within Table LU2 of the General Plan Land Use Element and the Castaways Marina
Planned Community (PC-37) that would modify the development limits to facilitate the
Recommendations.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
:,
Resolution No. 2024-
Page 3 of 3
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 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.
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 12th day of November, 2024,
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
c d —
Aaron C. Harp
City Attorney
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