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