13 - Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) — Newport Beach City Council, July 11, 2023

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CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 11, 2023
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Joselyn Perez, Associate Planner
[email protected]
PHONE: 949-644-3234
TITLE: Ordinance No. 2023-12: 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 an amendment to the Newport Village Planned Community (PC-27) Development Plan to add "recreational facilities" as an allowed use within Area 1. Area 1 encompasses the 2.43-acre property at the corner of Avocado Avenue and San Joaquin Hills Road and is currently developed with the Orange County Transportation Authority transit facility and parking lot. Currently the allowed uses for Area 1 are limited to a transit facility and signage.

RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find the introduction and adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2023-12, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses within Area 1 (PA2023-0071), and pass to second reading on July 25, 2023.

DISCUSSION:

Background
Newport Village Planned Community (PC-27) contains five distinct land use areas. 13-1

Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) July 11, 2023

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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, located at the corner of Avocado Avenue and San Joaquin Hills Road. It is currently developed with an Orange County Transportation Authority (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).

NEWPORT VILLAGE

PLANNED COMMUNITY DISTRICT

FASHION ISLAND
/f

OPEN SPACE N

GOVERNMENTALANSTITUTIONAL E
RETAIL

NOT A PART
Figure 1: Land Use Plan and Aerial Photograph for PC-27 City Council Initiation
OCTA identified underused portions of the transit facility, specifically the parking lot, that could be used for other activities. In response, on April 25, 2023, the City Council initiated an amendment to PC-27 to add recreational uses to Area 1. Resolution No. 2023-24, initiating the amendment, is included as Attachment D.
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Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) July 11, 2023

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Planning Commission Public Hearing and Recommendation
On June 22, 2023, the Planning Commission held a public hearing to consider the proposed amendments and adopted Resolution No. PC2023-026 (Attachment D), recommending approval to the City Council. The staff report to the Planning Commission is included as Attachment E. The meeting minutes are available as Attachment F and written comments are available as Attachment G.

Proposed Amendment
The proposed amendment would add "recreational facilities" as an allowed use to Area 1. The amendment also allows any accessory structures necessary to serve a recreational use. The amendment will not create any nonconformities, nor will it eliminate the transit facility or require the site to be redeveloped. Instead, it will allow greater flexibility for the underused areas to be repurposed in the future.

The amendment also updates the parking requirements for Area 1. With no specific project attached to the amendment, the revision allows flexibility in determining the right number of spaces when a specific recreational use is proposed. The amendment allows the community development director to request a parking study to establish use -specific parking requirements rather than trying to set a one -size -fits -all approach to a future recreational use. Ultimately, the parking needs of the transit facility and the recreational use will be evaluated together to ensure adequate parking is provided.

Land Use Compatibility
Area 1 and the transit facility are located within the area generally referred to as Fashion Island/Newport Center. Area 1 does not abut buildings, rather it is bounded by landscaped parcels and public roadways. The nearest residential developments are located between 200 feet and 400 feet away to the northwest, east and southeast, and are further separated from Area 1 by San Joaquin Hills Road and MacArthur Boulevard. These are considered major roadways, which are divided and have six lanes. Between the significant upslope from Area 1 to the roadways, and the intervening roadways themselves, there is a significant separation of uses that should ensure compatibility between a future recreational use and the existing uses.

Other surrounding land uses include Avocado Avenue to the west and the office buildings of North Newport Center Planned Community (PC-56) beyond. The City of Newport Beach's (City) dog park is to the south with Civic Center Park, City Hall, and the Central Library beyond. The proximity of Area 1 to other existing recreational facilities lends itself well to the addition of recreational uses. The area already serves as a centerfor recreation and a future recreational use should complement the existing recreational amenities.

Consistency with the General Plan
Area 1 is categorized as Public Facilities (PF) by the Land Use Element of the General Plan. The PF category is intended to specify areas of the city appropriate for the development of public facilities.
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Public facilities include, but are not limited to, public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities.

A future recreational facility either owned or operated by the City for use by the public is consistent with the PF designation. No amendment to the General Plan is necessary as part of the development plan amendment.

An amendment to the PC-27 Development Plan is a legislative act and neither the PC-27 Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code provide required findings to approve the amendment.

Nonetheless, the amendment is consistent with City Council's initiation, is consistent with the purpose of the Public Facilities General Plan land use category and is in furtherance of the General Plan's Goals and, specifically, the Goals and Policies provided in Table 1, below.

Table 1- Applicable Polices
General Plan Goal or Policy
Consistency
Policy LU 2.1 (Resident-
The amendment will allow for the activation of
Serving Land Uses)
underused property as a possible recreational use
for residents, employees of nearby businesses, and
Encourage the accommodation of
visitors to Newport Beach.
uses that support the needs of
Newport Beach's residents including
housing, retail, services,
employment, recreation, education,
culture, entertainment, civic
engagement, and social and spiritual
activity that are in balance with
community natural resources and
open spaces.

Policy LU 6.1.2 (Siting of New
Area 1 is within the vicinity of other parks such as
Development)
Civic Center Park and facilities such as the Newport
Beach Central Library. Future recreational facilities
Allow for the development of new
would complement the existing character of
public and institutional facilities
development of the area which serves residents.
within Newport Beach provided that
Furthermore, the location will still maintain bus
the use and development facilities
service while a wide range of residents would be able
are compatible with the adjoining
to visit and enjoy any future potential recreational
land uses, environmentally suitable,
and can be supported by
uses.
transportation and utility
infrastructure.
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Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) July 11, 2023

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Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
Goal R1 (Provision of Facilities)
Table R1 within the Recreation Element provides a
summary of parkland acres needed versus parkland
Provision of adequate park and
acres provided. There is currently a deficit in total
recreation facilities that meet the
parkland provided. As parkland includes recreational
recreational needs of existing and
facilities, allowing for recreational uses on the subject new residents of the community.
property can help the City achieve its goal of
providing adequate parklands.

Policy R 1.9 (Priority for Facility
The Recreation Element identifies that the "fastest
Provision)
growing recreational demand in Newport Beach is
the need for additional sports fields, especially
Provide additional park and
lighted facilities available for after -work sports
recreation facilities that meet the
leagues." It continues that, "meeting this
needs as identified by direct
need will be a challenge because of the large amount
feedback from residents, analysis of
of area required for sports fields, the lack of
future trends, and through
suitable vacant land in the city, and the high cost of
observations by Recreation and
such land." Repurposing the surplus parking areas
Senior Services staff.
would allow for the development of courts or a small
field.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find the introduction and adoption of this ordinance not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The amendment would allow a new category of use for Area 1 within the PC-27 Development Plan. Any future development project in accordance with the new category will be subject to subsequent action to implement. The amendment in and of itself does not authorize new development that would directly result in physical change to the environment.

NOTICING:

Notice of this hearing was published in the Daily Pilot and mailed to all owners of property within PC-27 and within 300 feet of the boundaries of PC-27. Notice of the hearing was posted at six locations throughout PC-27. The item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 13-5

Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) July 11, 2023

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ATTACHMENTS:

Attachment A — Ordinance No. 2023-12
Attachment B — Redline/Strikeout version of the amended Planned Community Development Plan
Attachment C — Resolution No. 2023-24
Attachment D — Planning Commission Resolution No. PC2023-026 Attachment E — Planning Commission Staff Report, Dated June 22, 2023 Attachment F — Draft Planning Commission Minute Excerpts, Dated June 22, 2023 Attachment G — Written Correspondence Received
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Attachment A
Ordinance No. 2023-12
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ORDINANCE NO. 2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING AN

AMENDMENT TO THE NEWPORT VILLAGE PLANNED
COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW
RECREATIONAL USES WITHIN AREA 1 (PA2023-0071)
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 Newport Village Planned Community ("PC-27") District has been implemented in accordance with the General Plan;
WHEREAS, PC-27 encompasses 33.3 acres generally bound by San Joaquin Hills Road to the north, MacArthur Boulevard to the east, Coast Highway to the south, and Avocado Avenue to the west and includes five distinct land use areas designated as Area 1 through Area 5, which are intended to be developed with retail, governmental, institutional, and open space uses;
WHEREAS, Area 1 identifies the 2.43-acre property at the corner of Avocado Avenue and San Joaquin Hills Road ("Property") that is developed with the Orange County Transportation Authority ("OCTA") transit facility and surface parking lot; WHEREAS, Area 1 is designated specifically as an area appropriate for governmental and institutional uses and is categorized as Public Facilities by the Land Use Element of the General Plan;
WHEREAS, the two permitted uses for Area 1 are: (1) a transit facility, including 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;
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Ordinance No. 2023-

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WHEREAS, on April 25, 2023, the City Council adopted Resolution No. 2023-24 initiating an amendment to the PC-27 Development Plan to add recreational uses as a third permitted use to Area 1 ("Code Amendment");
WHEREAS, the Planning Commission held a public hearing on June 22, 2023 in the 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 the 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 Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-026 by a majority vote (7 ayes, 0 nays) recommending to the City Council approval of the Planned Community Development Plan Amendment (PA2023-0071); and
WHEREAS, the City Council held a public hearing on July 11, 2023, in the 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 the 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 hearing.

NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:

Section 1: The City Council does hereby approve the Code Amendment referred to as PA2023-0071 to amend the Newport Village Planned Community (PC-27) Development Plan as set forth in Exhibit "A," and based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference.

Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 13-9

Ordinance No. 2023-

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Section 3: 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 4: The City Council finds the introduction and adoption of this ordinance is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The Code Amendment would allow a new category of use for Area 1 within the PC-27 Development Plan. Any future development project in accordance with the new category will be subject to subsequent action in order to implement. The Code Amendment in and of itself does not authorize new development that would directly result in physical change to the environment.

Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Village Planned Community Development Plan shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2023-

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Section 6: 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 pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of July 2023, and adopted on the 25th day of July, 2023, by the following vote, to -wit:

AYES:

NAYS:

ABSENT:

NOAH BLOM, MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFIC
" c
A RON C. HARP, CITY ATTORNEY
Attachments: Exhibit A — Code Amendment (PA2023-0071)
Exhibit B — Findings in Support of Code Amendment
(PA2023-0071)
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EXHIBIT "A"
CODE AMENDMENT (PA2023-0071)
The cover page of the Newport Village Planned Community (PC-27) Development Plan shall be amended to read as follows:

NEWPORT VILLAGE

PLANNED COMMUNITY TEXT
Amendment No. PA2023-0071
City Council Ordinance 23-_
, 2023
Amendment No. 594
City Council Ordinance 83-27
October 24, 1983
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 729
City'Council Resolution No. 92-5
January 13, 1992
Amendment No. 746
City Council Resolution No. 92-6
January 13, 1992
Amendment No. 835
City Council Resolution No. 95-130
November 27, 1995
Amendment No. PA 2009-111
City Council Ordinance No. 2009-28
November 24, 2009
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Subsection A (Permitted Uses) of Section III (Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be amended to read as follows:

A. Permitted Uses
Transit Facility (Area 1), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking.

2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks, storage rooms, shade structures, incidental seating, fencing, lighting, and other ancillary structures.

Public Library (Area 4), including appurtenant facilities such as public meeting rooms.

4. Signs in accordance with the City of Newport Beach Municipal Code.

Subsection 4 (Off -Street Parking) of Subsection C (Development Standards) of Section III (Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be .amended to read as follows:

4. Off -Street Paddne. Off-street parking shall be provided on -site in surface lots or in parking structures.

Sufficient parking facilities shall be provided to meet the needs generated by the uses within Area 1. The Director may require a parking study to indicate that parking demand will be less than the number of spaces provided or that other parking is available (e.g., City parking lot located nearby, on -street parking available, normal walk in).

Parking for public library shall be provided at a ratio of one parking space for each 250 square feet.

The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department.

Subsection 5 (Lighting) of Subsection C (Development Standards) of Section III (Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be amended to read as follows:

Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans for lighting shall be prepared and signed by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department.
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The Appendix of the PC-27 Development Plan shall be amended to read as follows:

APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center.

A 728 City Council adopted 01-13-92 Resolution 92-4
Request to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community.

A 729 City Council adopted 01-13-92 Resolution 92-5
Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150- sq. ft. of additional office development, 35,000 sq. ft. of which would be transferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review.

A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a 65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section.

A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft. specialty retail shopping center.

City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009-111) Request to amend the Newport Village P-C to remove from Area 1 the open space frontage on San Joaquin Hills Road and the open space corner portion at San Joaquin Hills Road and MacArthur. Said area to be incorporated into the North Newport Center Planned Community District (PC-56).
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City Council adopted Ordinance No. 2023- (PA 2023-0071) Request to amend the Newport Village Planned Community Development Plan to add recreational uses as a permitted use for Area 1.
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EXHIBIT "B"
FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2023-0071)
An amendment to the PC-27 Development Plan is a legislative act. The PC-27 Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments.

Notwithstanding the foregoing, the Code Amendment is consistent with the City Council's initiation, is consistent with the purpose of the Public Facilities General Plan land use category, and is in furtherance of the General Plan's Goals and, specifically, the following Policies:

Policy:

LU 2.1 (Resident -Serving Land Uses)
Encourage the accommodation of uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces.

Fact in Support of Policy:

The Code Amendment will allow for the utilization of underused property as a possible recreational use for residents of and visitors to Newport Beach.

Policy:

LU 6.1.2 (Siting of New Development)
Allow for the development of new public and institutional facilities within Newport Beach provided that the use and development facilities are compatible with the adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure.

Fact in Support of Policy:

Area 1 is within the vicinity of other parks such as Civic Center Park and facilities such as the Newport Beach Central Library. Future recreational facilities would complement the existing character of development of the area which serves residents. Furthermore, the location will still maintain bus service meaning a wide range of residents will be able to visit and enjoy any future potential recreational uses.
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Policy:

R 1.9 (Priority for Facility Provision)
Provide additional park and recreation facilities that meet the needs as identified by direct feedback from residents, analysis of future trends, and through observations by Recreation and Senior Services staff.

Fact in Support of Policy:

The Recreation Element identifies that the "fastest growing recreational demand in Newport Beach is the need for additional sports fields, especially lighted facilities available for after - work sports leagues". It continues that, "meeting this need will be a challenge because of the large amount of area required for sports fields, the lack of suitable vacant land in the City, and the high cost of such land." Area 1 is a large enough area to develop a field or a court. 13-17

Attachment B
Redline/Strikeout version of the amended Planned Community Development Plan 13-18

NEWPORT VILLAGE

PLANNED COMMUNITY TEXT
Amendment No. PA2023-0071
City Council Ordinance 23-###
June 27, 2023
Amendment No. 594
City Council Ordinance 83-27
October 24, 1983
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
Amendment No. 729
City Council Resolution No. 92-5
January 13, 1992
Amendment No. 746
City Council Resolution No. 92-6
January 13, 1992
Amendment No. 835
City Council Resolution No. 95-130
November 27, 1995
Amendment No. PA 2009-111
City Council Ordinance No. 2009-28
November 24, 2009

Page 1 ends

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SECTION III. GOVERNMENTAL AND INSTITUTIONAL (AREAS 1 and 4) A. Permitted Uses

1. Transit Facility (Area 1), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking.

2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks, storage rooms, shade structures, incidental seating, fencing, lighting, and other ancillary structures.
-23. Public Library (Area 4), including appurtenant facilities such as public meeting rooms.

34. Signs in accordance with the City of Newport Beach Municipal Code.

B. Uses Requiring a Use Permit

1. Restaurants.

2. Retail uses such as gift shop, book store.

C. Development Standards

1. Floor Area and Development Limits. The total floor area shall be as provided in Section I Statistical Analysis, consistent with the Newport Beach General Plan.

2. Building Height. Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community.

3. Setback Requirements. The following building setback requirements, measured from the property line, shall apply:

Avocado Avenue 20 feet
Coast Highway 40 feet
MacArthur Boulevard 40 feet
San Miguel 20 feet

4. Off -Street Parking. Off-street parking shall be provided on -site in surface lots or in parking structures.

Parking for uses within Area 1 shall be provided to meet the minimum needs of the individual uses. The Director may require a parking study to identify necessary parking demands and the shared use of off-street parking lots may be authorized.

Parking within the adjacent public right-of-way may be counted toward meeting the parking demand for public recreational uses developed in Area 1

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Parking for public library shall be provided at a ratio of one parking space for each 250 square feet.

The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department.

Lighting. Lighting of building interiors and exteriors, sport courts, and parking lots shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans for lighting shall be prepared and signed by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department.

6. Landscaping. A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. A landscaping program shall be reviewed and approved by the Parks, Beaches and Recreation Department, and the Planning and Public Works Departments. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for Corporate Plaza.

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APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center.

A 729 City Council adopted 01-13-92 Resolution 92-5
Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150-sq. ft. of additional office development, 35,000 sq. ft. of which would be trans- ferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review.

A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to:
expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section.

A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft. specialty retail shopping center.

City Council adopted ##-##-## Ordinance No. 2023-## (PA 2023-0071) Request to amend the Newport Village Planned Community Development Plan to add recreational uses as a permitted use for Area 1.

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Attachment C
Resolution No. 2023-24
13-23

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 ("NDMC");
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:

City of Newport Beach ,,,

Resolution No. 2023-24

Page 2 ends

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.

City of Newport Beach
13-25

Resolution No. 2023-24

Page 3 of 3 ends

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.

ATTEST:
rid
Leilani I. Brow U-
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Aaron Harp
City Att ney
Will O'Neill
Mayor Pro Tern
City of Newport Beach ,,,s

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. 2023-24 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of April, 2023; and the same was so passed and adopted by the following vote, to wit:

AYES: Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand
NAYS: None
RECUSED: Mayor Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of April, 2023.
4A, 4, �m �
Leilani I. Brown
City Clerk
Newport Beach, California
L, 0RWP
City of Newport Beach ,,.,,

Attachment D
Planning Commission Resolution No. PC2023-026
13-28

RESOLUTION NO. PC2023-026

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF NEWPORT BEACH, CALIFORNIA,

RECOMMENDING CITY COUNCIL ADOPTION OF AN

AMENDMENT TO THE NEWPORT VILLAGE PLANNED
COMMUNITY (PC-27) DEVELOPMENT PLAN TO ALLOW
RECREATIONAL USES WITHIN AREA 1 (PA2023-0071)

THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:

SECTION 1. STATEMENT OF FACTS.

The Newport Village Planned Community ("PC-27") encompasses 33.3 acres generally bound by San Joaquin Hills Road to the north, MacArthur Boulevard to the east, Coast Highway to the south, and Avocado Avenue to the west. It contains five distinct land use areas designated as Area 1 through Area 5, which are intended to be developed with retail, governmental, institutional, and open space uses.

2. Area 1 identifies the 2.43-acre property at the corner of Avocado Avenue and San Joaquin Hills Road ("Property") that is developed with the Orange County Transportation Authority ("OCTA") transit facility and surface parking lot. Area 1 is designated specifically as an area appropriate for governmental and institutional uses and is categorized as Public Facilities by the Land Use Element of the General Plan.

3. The two permitted uses for Area 1 are: (1) a transit facility, including OCTA buses and vehicles, bus shelter structures and restrooms, and public parking, and (2) signage in accordance with the Newport Beach Municipal Code ("NBMC").

4. OCTA has identified underused portions of the facility that may be used for other activities.

5. On April 25, 2023, the City Council of the City of Newport Beach ("City") adopted Resolution No. 2023-24 initiating an amendment to the PC-27 Development Plan to add recreational uses as a third permitted use to Area 1 ("Code Amendment").

6. A public hearing was held on June 22, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Section 54950 of the California Government Code 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 Planning Commission at this public hearing.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

The Code Amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,

Page 1 ends

13-29

Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The Code Amendment would allow a new category of use for Area 1 within the PC-27 Development Plan. Any future development project in accordance with the new category will be subject to subsequent action in order to implement. The Code Amendment in and of itself does not authorize new development that would directly result in physical change to the environment.

SECTION 3. REQUIRED FINDINGS.

An amendment to the PC-27 Development Plan is a legislative act. The PC-27 Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments.

Policy:

Fact in Support of Policy:

The Code Amendment will allow for the activation of underused property as a possible recreational use for residents of and visitors to Newport Beach.

Policy:

Fact in Support of Policy:

Area 1 is within the vicinity of other parks such as Civic Center Park and facilities such as the Newport Beach Central Library. Future recreational facilities would complement the

Page 2 ends

13-30

existing character of development of the area which serves residents. Furthermore, the location will still maintain bus service meaning a wide range of residents will be able to visit and enjoy any future potential recreational uses.

Policy:

Fact in Support of Policy:

The Recreation Element identifies that the "fastest growing recreational demand in Newport Beach is the need for additional sports fields, especially lighted facilities available for after -work sports leagues". It continues that, "meeting this need will be a challenge because of the large amount of area required for sports fields, the lack of suitable vacant land in the City, and the high cost of such land." Area 1 is a large enough area to develop a field or a court.

SECTION 4. DECISION.

NOW, THEREFORE, BE IT RESOLVED:

The Planning Commission of the City of Newport Beach hereby finds the Code Amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment.

While this amendment would allow a new category of use in an existing planned community, it does not authorize new development that would directly result in physical change to the environment. Any future development project in accordance with the new category will be subject to subsequent action in order to implement.

2. The Planning Commission of the City of Newport Beach hereby recommends approval of the Code Amendment as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference.

PASSED, APPROVED, AND ADOPTED THIS 22"d DAY OF JUNE, 2023.

AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None
ABSTAIN: None

Page 3 ends

13-31

DocuSign Envelope ID: A203CE4E-108A-4AC0-9361-4288641 B7EEF ABSENT: None
BY: bofis f"avt,
Curtis Ellmore, Chair
BY: SAW
Sarah Klaustermeier, Secretary
Attachment: Exhibit A — PC-27 Development Plan Amendment

Page 4 ends

13-32

EXHIBIT "A"
PC-27 DEVELOPMENT PLAN AMENDMENT
The cover page of the Newport Village Planned Community (PC-27) Development Plan shall be amended to read as follows:

NEWPORT VILLAGE

Page 5 ends

13-33

Subsection A (Permitted Uses) of Section III (Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be amended to read as follows:

A. Permitted Uses
Transit Facility (Area 1), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking.

2. Recreational Uses (Area 1), including sport courts, restrooms, snack shacks, storage rooms, shade structures, incidental seating, fencing, lighting, and other ancillary structures.

3. Public Library (Area 4), including appurtenant facilities such as public meeting rooms.

4. Signs in accordance with the City of Newport Beach Municipal Code.

4. Off -Street Parking. Off-street parking shall be provided on -site in surface lots or in parking structures.

Parking for public library shall be provided at a ratio of one parking space for each 250 square feet.

The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department.

Subsection 5 (Lighting) of Subsection C (Development Standards) of Section III (Governmental and Institutional [Areas 1 and 4]) of the PC-27 Development Plan shall be amended to read as follows:

Ling. Lighting of building interiors and exteriors, sport courts, and parking lots shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area.

The plans for lighting shall be prepared and signed by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department. 13-34

Planning Commission Resolution No. PC2023-026
Paae 2 of 8
The Appendix of the PC-27 Development Plan shall be amended to read as follows:

APPENDIX
A 594 City Council approved 10/24/1983 Ordinance 83-27
Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center.

A 746 City Council adopted 01-13-92 Resolution 92-6
Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section.

A835 City Council adopted 11-27-95 Res. 95-130
Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft. specialty retail shopping center.

Planning Commission Resolution No. PC2023-026
Paae 3 of 8
District (PC-56).

City Council adopted ##-##-## Ordinance No. 2023-## (PA 2023-0071) Request to amend the Newport Village Planned Community Development Plan to add recreational uses as a permitted use for Area 1.
01-17-23
13-36

Attachment E
Planning Commission Staff Report, Dated June 22, 2023
13-37

CITY OF NEWPORT BEACH

PLANNING COMMISSION STAFF REPORT
SUBJECT:

SITE LOCATION:

APPLICANT:

OWNER:

PLANNER:

June 22, 2023
Agenda Item No. 5
Newport Village Planned Community Development Plan Amendment (PA2023-0071)
1550 Avocado Avenue, at the corner of Avocado Avenue and San Joaquin Hills Road
City of Newport Beach
Orange County Transportation Authority (OCTA)
Joselyn Perez. Associate Planner
949-644-3312, jperez(c�newportbeachca.gov

PROJECT SUMMARY
Consistent with the City Council's initiation on April 25, 2023, the proposed amendment to the Newport Village Planned Community (PC-27) Development Plan would add "recreational facilities" as an allowed use within the area designated as Area 1. Area 1 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.

RECOMMENDATION
1) Conduct a public hearing;
2) Find the amendment is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and
3) Adopt Resolution No. PC2023-026 (Attachment No. PC 1) recommending the City Council approve a Planned Community Development Plan Amendment allowing recreational facilities in Area 1 of the Newport Village Planned Community. 1 13-38

2 13-39

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 2 ends

VICINITY MAP
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Area 1 of PC-27
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GENERAL PLAN
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LOCATION

GENERAL PLAN
ZONING

CURRENT USE

ON -SITE
FPublic Facilities (PF)
Newport Village Planned
OCTA transit facility and
Communit PC-27parking
lot
North Newport Center
Open Space (OS), N/A
Planned Community (PC-56),
Landscaped parcel with
San Joaquin Hills Road
NORTH
(public right-of-way), and
N/A (public right-of-way), and
and a religious institution
Private Institutions (PI)
Big Canyon Planned
beyond
Communit PC-8
Civic Center dog park and
SOUTH
OS
PC-27
ark
N/A (public right-of-way),
N/A (public right-of-way),
EAST
Single Unit Residential
Single -Unit Residential (R-1-
MacArthur Boulevard,
single -unit dwellings, and
Detached (RS-D), and
6,000), and Commercial
Roger's Gardens
General Commercial CG
General CG
N/A (public right-of-way)
N/A (public right-of-way) and
WEST
and Mixed -Use Horizontal
Block 500 Newport Center
Avocado Avenue with
offices beyond
MU-H3)
PC-46)
3 13-40

4 13-41

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 3 ends

DISCUSSION
Background
The Newport Village Planned Community (PC-27) Development Plan contains five distinct land use areas designated as Area 1 through Area 5. They are intended to allow for the development of retail, governmental, institutional, and open space uses. The proposed amendment would only apply to Area 1.

NEWPORT M LLAGE

PLANNED COMMUNITY DISTRICT

FASHION ISLAND

OPEN SPACE N

IIIIIIIIIIIIIIIII GOVLRNMLNTAVNSTITUTIONAL W E
RETAIL 5

NOT A PART
Figure 1: Land Use Plan for PC-27
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 Orange County Transportation Authority (OCTA) transit facility and supporting surface parking lot.

The allowed uses for Area 1 are limited to (1) a transit facility, including bus shelter 5 13-42

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 4 ends

structures, restrooms, and a public parking lot and (2) signage in accordance with the Newport Beach Municipal Code (NBMC).

The existing transit facility and parking lot were entitled in 1988 and constructed shortly thereafter. The facility includes bus docks, canopy shelters, restrooms, passenger waiting platforms, and a surface parking lot. The site was entitled and developed in accordance with Use Permit No. UP3268. The property was later transferred from the Irvine Company to the Orange County Transportation Authority.

Initiation of Amendment
Since the onset of the COVID-19 pandemic, ridership to and from the transit facility has seen a decline and parking at the facility has never been fully utilized. OCTA has identified underused portions of the site including about half the surface parking lot.

In response, on April 25, 2023, the City Council initiated an amendment to PC-27 to add recreational uses to Area 1. Resolution No. 2023-24 initiating the amendment is included as Attachment No. PC 2.

Proposed Amendment
The proposed amendment would add "recreational facilities" as an allowed use to Area

1. Redline/strikeout revisions to the PC-27 development plan are available as Attachment No. PC 3. The amendment also allows any accessory structures necessary to serve a recreational use.

The amendment will not create any non conformities, nor will it eliminate the transit facility or require the site to be redeveloped. Instead, it will allow greater flexibility for the underused areas to be potentially repurposed in the future. There is no specific recreational use proposed at this time, although a number of public pickleball courts may be considered.

The following three sections of the staff report analyze typical zoning considerations including compatibility with surrounding land uses, parking, and consistency with the General Plan.

Land Use Compatibility
Area 1 and the transit facility are located within the area generally referred to as Fashion Island/Newport Center. Area 1 does not abut buildings, rather it is bounded by landscaped parcels and public roadways. The nearest residential developments are located between 200 feet and 400 feet away to the northwest, east, and southeast, and are further separated from Area 1 by San Joaquin Hills Road and MacArthur Boulevard. These are considered major roadways, which are divided and have six lanes. Between the significant upslope from Area 1 to the roadways and the intervening roadways 0 13-43

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 5 ends

themselves, there is a significant separation of uses that should ensure compatibility between a future recreational use and the existing uses.

Other surrounding land uses include Avocado Avenue to the west and the office buildings of North Newport Center Planned Community (PC-56) beyond. The City's dog park is to the south with Civic Center Park, City Hall, and the Central Library beyond. The proximity of Area 1 to other existing recreational facilities lends itself well to the addition of recreational uses. The area already serves as a center for recreation and a future recreational use should complement the existing recreational amenities.

Parking
The PC-27 Development Plan states that the required parking for the transit facility shall be in accordance with UP3268. Although UP3268 does not condition a certain number of parking spaces be provided, the staff report indicated that 76 spaces are proposed. The amendment will revise the parking requirements to remove the reference to UP3268 and instead would require adequate parking to meet the needs generated by the uses of Area

1. With no specific project currently, this revision allows flexibility in determining the right number of spaces when a specific recreational use is proposed. Additionally, the amendment will also allow the Community Development Director to request a parking study. The amendment allows for future parking requirements to be use -specific rather than trying to set a one -size -fits -all approach to a future recreational use. Ultimately, the parking needs of the transit facility and the recreational use will be evaluated together to ensure adequate parking is provided.

Consistency with the General Plan
Area 1 is designated as Public Facilities (PF) by the Land Use Element of the General Plan. The PF designation is intended to specify areas of the City appropriate for the development of public facilities. Public facilities include but are not limited to public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. A future recreational facility either owned or operated by the City for use by the public is consistent with the PF designation. No amendment to the General Plan is necessary as part of the development plan amendment.

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 6 ends

Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
Policy LU 2.1 (Resident-
The amendment will allow for the activation of
Serving Land Uses)
underused property as a possible recreational use
for residents, employees of nearby businesses, and
Encourage the accommodation of
visitors to Newport Beach.
uses that support the needs of
Newport Beach's residents including
housing, retail, services,
employment, recreation, education,
culture, entertainment, civic
engagement, and social and spiritual
activity that are in balance with
community natural resources and
open spaces.

Policy LU 6.1.2 (Siting of New
Area 1 is within the vicinity of other parks such as
Development)
Civic Center Park and facilities such as the Newport
Beach Central Library. Future recreational facilities
Allow for the development of new
would complement the existing character of
public and institutional facilities
development of the area which serves residents.
within Newport Beach provided that
Furthermore, the location will still maintain bus
the use and development facilities
service meanwhile a wide range of residents will be
are compatible with the adjoining
able to visit and enjoy any future potential
land uses, environmentally suitable,
recreational uses.
and can be supported by
transportation and utility
infrastructure.

Goal R1 (Provision of Facilities)
Table R1 within the Recreation Element provides a
summary of parkland acres needed versus parkland
Provision of adequate park and
acres provided. There is currently a deficit in total
recreation facilities that meet the
parkland provided. As parkland includes recreational
recreational needs of existing and
facilities, allowing for recreational uses on the subject new residents of the community.
property can help the City achieve its goal of
providing adequate parklands.

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 7 ends

Table 1-Applicable Polices
General Plan Goal or Policy
Consistency
needs as identified by direct
need will be a challenge because of the large amount
feedback from residents, analysis of
of area required for sports fields, the lack of
future trends, and through
suitable vacant land in the City, and the high cost of
observations by Recreation and
such land." Area 1 is a large enough area to develop
Senior Services staff.
a field or a court.

Summary
The proposed amendment will facilitate the provision of additional recreational amenities on an underused site to help the City meet its goal to provide active recreational facilities for the community including residents, employees, and visitors.

Alternatives
Should the Planning Commission identify any deficiencies in the proposed amendment or any areas for improvement, the Planning Commission may recommend revisions to the draft ordinance. Should the amendment be recommended for denial, the allowed uses for Area 1 will continue to be (1) a transit facility, including bus shelter structures, restrooms, and a public parking lot and (2) signage in accordance with the NBMC.

Environmental Review
The amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The amendment would allow a new category of use for Area 1 within the PC-27 Development Plan. Any future development project in accordance with the new category will be subject to subsequent action in order to implement. The amendment in and of itself does not authorize new development that would directly result in physical change to the environment.

Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code.

Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
9 13-46

Newport Village Planned Community Development Plan Amendment (PA2023-0071) Planning Commission, June 22, 2023

Page 8 ends

Prepared by:

BMZ/jp

ATTACHMENTS
Submitted by:

Jim Campbell
Deputy Community Development Director
PC 1 Draft Resolution recommending City Council approval PC 2 City Council Resolution No. 2023-24
PC 3 Redline/Strikeout version of the amended Planned Community Development Plan 01 / 18/23
10 13-47

Attachment F
Draft Planning Commission Minute Excerpts, Dated June 22, 2023 13-48

IV
V
VII

NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, JUNE 22, 2023
REGULAR MEETING — 6:00 P.M.

CALL TO ORDER — 6:00 p.m.

PLEDGE OF ALLEGIANCE — Secretary Klaustermeier

ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Sarah Klaustermeier, Commissioner Brady Barto, Commissioner Tristan Harris, Commissioner Jonathan Langford, and Commissioner Lee Lowrey
ABSENT: None
Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Assistant Planner Jenny Tran, Associate Planner Joselyn Perez, and Administrative Assistant Clarivel Rodriguez

PUBLIC COMMENTS
Jim Mosher recommended the Planning Commissioner Handbook prepared by the Institute for Local Government and highlighted the section on ex parte communications and site visits.

REQUEST FOR CONTINUANCES
None

CONSENT ITEMS
ITEM NO. 1 MINUTES OF MAY 18, 2023
Recommended Action: Approve and file
Motion made by Commissioner Langford and seconded by Vice Chair Rosene to approve the minutes of the May 18, 2023, meeting with Mr. Mosher's edits.

AYES:

Barto, Ellmore, Harris, Klaustermeier, Langford, and Rosene NOES:

None
ABSTAIN:

Lowrey
ABSENT:

None

PUBLIC HEARING ITEMS
ITEM NO. 2 AERONUTRONIC FORD SOIL VAPOR REMEDIATION APPEAL (PA2022-0180) Site Location: Near 94 Hartford Drive
Summary:

An appeal of the Zoning Administrator's March 2, 2023, decision to approve a limited term permit for the construction and operation of a soil vapor extraction and treatment system. The project includes construction of a 20-foot wide by 12-foot deep by 10-foot-high treatment system building, an underground pipe network of approximately 2,400 linear feet, and 13 extraction wells for soil gas remediation. The applicant is requesting a limited term permit to operate the soil vapor extraction and treatment system for a term of approximately 12 months. A limited term permit is requested to allow a 3.2-foot separation

Page 1 of 9 ends

13-49

Planning Commission Meeting
June 22, 2023
between the treatment system building and nearest residential structure where the required separation is 8 feet between buildings, and to allow the treatment system building to encroach into the 5-foot front setback.

Recommended Action:

1. Conduct a de novo public hearing;
Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15330 under Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Water or Hazardous Substances), Section 15308 under Class 8 (Actions by Regulatory Agencies for Protection of the Environment), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and

3. Adopt Resolution No. PC2023-023 denying the appeal and upholding and affirming the Zoning Administrator's Approval of a Limited Term Permit for a soil vapor extraction and treatment system filed as PA2022-0180.

Chair Ellmore announced that this item was continued from the May 18 Planning Commission meeting to understand from the Homeowners Association (HOA) how the proposed location was chosen. He asked for new information and indicated that the Planning Commission supports the remediation effort.

Assistant Planner Tran provided a brief recap of the appeal and noted the purpose of the continuance to further address safety concerns, alternate locations, and additional input from the HOA Board regarding the location selection.

With the exception of Vice Chair Rosene who met with the applicant to discuss alternative locations and the appellant and Commissioners Harris and Langford who spoke with the applicant's representative, the remaining Commissioners had no ex parte communications.

Chair Ellmore opened the public hearing.

Ken Connor, WSP, introduced the team and members of the Bayridge HOA, reviewed the key points related to the permit, application, location determinants, community outreach, and urgency. Furthermore, he shared a remediation area map and Bayridge Park soil vapor extraction (SVE) system outline, key responses to comments/questions, location justification, alternative #4 location map, location analysis, and community support. Mr. Connor agreed to the conditions of approval.

Jessica Law, Santa Ana Regional Water Board, clarified their authority as a State agency.

Enrique Sanchez, Bayridge HOA President, apologized for not attending the May 18 Planning Commission meeting.

In response to Commissioner Langford's questions, Mr. Sanchez provided an overview of the location selection process and authority, structure, and election rules of the HOA.

Commissioner Harris utilized the Bayridge Park SVE system slide to question an alternative parking area location, and in response to his inquiries, Mr. Enrique indicated that back lash from residents at the HOA meetings, inconvenience, and the best recommendation are what stopped the alternative location in the parking area from being a viable alternative. He noted unit counts and configurations of those units with complex.

Commissioner Barto noted a narrow versus distributed community impact approach by using the proposed location and, in response to his inquiry, Mr. Connor indicated that the location selection was driven by

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Planning Commission Meeting
June 22, 2023
engineering issues, trench size, utility conflicts, and space requirements and multiple locations would only take care of a small number of extraction wells.

Amy Santella, appellant, indicated that the original proposal by the engineers included five sites and was turned down by the HOA due to the impact on parking. She believes it remains a viable alternative, reviewed the HOA parking policy, clarified her support of the remediation, disclosed conversations with WSP and the Santa Ana Reginal Water Board and HOA responses to her outreach, suggested alternate site feasibility is not being considered, reported having not received the requested residential treatment system evidence -based example and data, utilized slides to show photos of residential treatment systems, and asked the City to support evidence -based research and data before agreeing to the location.

Kevin Santella utilized a presentation to review the alternative analysis summary, address infeasibilities, discussed the Bison Avenue, Country Club Drive, Bayridge Park, Brittany/Hartford locations and configuration options, and replayed proposed location details.

Mr. Sanchez indicated that the HOA is focused on remediation and what is best for the neighborhood, noted a temporary one-year permit, and relayed interest in resolving the matter as soon as possible for 22 families.

Leslie Pratt believed that the HOA had not made any effort to contact the residents involved and hoped the Commission would consider all the reasons provided to make the best decision.

Mr. Conner indicated that the original five locations were proposed with the understanding that a power drop location would be closely located, the current proposed location is the only spot where the power drop location is available, current mitigation efforts are short term, SVE is a long-term remedy to lowering risks of vapor intrusion, and analysis revealed engineering, utility, clearance, and trench size and depth challenges for every other location.

In response to Chair Ellmore's questions, Mr. Conner relayed community outreach details and noted the proposed location decision came down to the power drop location indicated by SoCal Edison and power drop feasibility is a result of COVID and post-COVID challenges, and timeline to change locations.

In response to Commissioner Harris' questions, Mr. Conner clarified that the alternative locations were provided at a time when WSP thought more power drop locations were an option, but in July 2022 SoCal Edison came back with one feasible location. He noted that the power drop on Belcourt Drive will be shared by a trench with another treatment system running under Country Club Drive to the fire lane area. Mr. Conner clarified that the HOA never stated that the parking spaces could not be used for the project.

In response to Vice Chair Rosene's question, Mr. Conner indicated that WSP is working with SoCal Edison and an electrical engineer to stamp the drawings. Vice Chair Rosene expressed his disbelief that by using the alternative parking lot located approximately 98 feet from the proposed location it would delay the project three years.

Chair Ellmore closed the public hearing.

Commissioner Barto questioned the incongruity from an electrical perspective, thought the matter has a high impact on a specific residence for a general good and wondered if Ford has taken the opportunity to discuss this with residents, and struggled with the matter.

Vice Chair Rosene recognized the remediation is necessary, the current proposed location is what remains after the "right thing" to do passed, changing the location would not take three years, and no guarantee for a one-year remediation. He thought that no review took place, and the appellant and Planning Commission are in a difficult position.

Commissioner Klaustermeier concurred with Vice Chair Rosene and thought the matter was outside the purview of the Planning Commission and perhaps better passed to the City Council.

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Assistant City Attorney Summerhill stated, and Chair Ellmore concurred, that it is appropriate for the Planning Commission to make a decision for health and safety reasons and the matter can be appealed or called for a review by the City Council.

Commissioner Harris echoed the same sentiments as the other Commissioners, noted that it is not the job of the Planning Commission to make value judgments, thought the decision by the HOA is convenient for the majority and within their purview, expressed disappointment with the HOA decision, and indicated he cannot vote against the permit.

Commissioner Langford thought the HOA deliberated accordingly and supported the permit approval.

Chair Ellmore stated that the information about the power drops was new information to the Planning Commission, expressed disappointment for the proposed location choice, and supported the permit to address the health and safety issues.

Motion made by Chair Ellmore and seconded by Vice Chair Rosene to approve the item as recommended by staff.

AYES:

Barto, Ellmore, Langford, and Rosene
NOES:

Harris and Klaustermeier
RECUSED:

Lowrey
ABSENT:

None
ITEM NO. 3 MILLER RESIDENCE (PA2023-0017)
Site Location: 22 Bay Island
Summary:

A coastal development permit (CDP) to allow the demolition of an existing single -unit dwelling and the construction of a new, 4,566-square-foot, three (3)-story single -unit dwelling, adjustment to the off-street parking requirements with a parking management plan, and an increase to the allowed building height to 28 feet for flat portions of the roof and 33 feet for the sloped portions of the roof in accordance with Use Permit No. UP3618. The design includes hardscape, drainage facilities, and landscaping. With approval of the height allowance, the project complies with all applicable development standards.

Recommended Action:

1. Conduct a public hearing;

2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and

3. Adopt Resolution No. PC2023-024 approving a Coastal Development Permit for the demolition and reconstruction of a single -unit dwelling (PA2023-0017).

Assistant Planner Tran utilized a presentation to introduce the proposal for a Coastal Development Permit, Parking Management Plan, and height increase up to 33 feet and noted the proposal is not a variance and the Use Permit allows for a height increase. He reviewed the vicinity map, building sites, Use Permit Development Standards, height increase with Planning Commission approval (west and south elevations), Local Coastal Program Implementation Plan Development Standards, Parking Management Plan, offsite parking aerial photo, building site map that is part of the approved use permit and proposed site plan, encroachment condition of approval, and recommended action.

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Planning Commission Meeting
June 22, 2023
In response to Vice Chair Rosene's question, Deputy Community Development Director Campbell relayed the parking requirements for Title 20 and Title 21 and golf cart parking accommodations to satisfy on -site compliance with Title 21.

No ex parte communications were reported by the Commission.

Chair Ellmore opened the public hearing.

Nicole Thompson, Brandon Architects, indicated that they will comply with the setback/encroachment requirement and agreed to the conditions of approval.

Chair Ellmore closed the public hearing.

Motion made by Vice Chair Rosene and seconded by Secretary Klaustermeier to approve the item as recommended by staff.

AYES:

Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES:

None
ABSTAIN:

None
ABSENT:

None
ITEM NO. 4 NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0082)
Site Location: Generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street and Bristol Street North
Summary:

An amendment to Newport Place Planned Community Development Plan (PC-11) to change the minimum affordable housing percentage of the Residential Overlay from thirty percent (30%) to fifteen percent (15%).

Recommended Action:

1. Conduct a public hearing;

2. Find this Amendment is not subject to the California Environmental Quality Act ("CEQA") under Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA; and

3. Adopt Resolution No. PC2023-025 recommending approval of a Planned Community Development Plan Amendment to modify the minimum inclusionary affordable housing percentage to the City Council.

Deputy Community Development Director Campbell use a slide presentation to introduce the public hearing to modify the Newport Place Planned Community text requested by the City Council that is related to a reduced Affordable Housing inclusionary percentage to from 30 percent to 15 percent. He reviewed the vicinity map, Newport Place background, residential overlay and Land Use Plan, proposed amendment details, California Environmental Quality Act exemption, recommended actions, and next steps.

In response to Commissioner Klaustermeier's question, Deputy Director Campbell relayed that lower affordable housing is defined by State law and the area median income (AMI) and clarified that the amendment would reduce the required amount of affordable housing without changing the affordability level.

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Planning Commission Meeting
June 22, 2023
Assistant City Attorney Summerhill reviewed the AMI amounts for very low income, low income, and moderate income based on a four -person family.

In response to Commissioner Klaustermeier's question, Deputy Director Campbell explained the State Density Bonus Law parameters to achieve a 15 percent minimum affordability, as per State law.

In response to Commissioner Langford's question, Deputy Director Campbell thought that the California Department of Housing and Community Development (HCD) would agree that 15 percent is compliant with the Housing Element.

No ex parte communications were reported by the Commissioners.

Chair Ellmore opened the public hearing.

Jim Mosher relayed that no discussion on the matter took place with the City Council, no order was given to the Planning Commission, a request was made by Council Member Weigand, the Council issued an amendment related to the affordability percentage, and his interpretation that the item is about whether the percentage should be lowered and to what percentage. Furthermore, he suggested that the amendment would create an inconsistency with the Housing Element and the airport area.

Nancy Scarbrough reviewed the 2022 Keyser Marston Associates Inclusionary Housing Financial Evaluation which states that 15 percent is the most mathematically, efficient, and advantageous percentage to use to get the 50 percent density bonus; however, she thought that more sites would be needed for planning or building by reducing the percentage, the total unit development would double, and HCD approved the Housing Element with 30 percent affordable housing. As a result, she questioned if lowering the percentage to 15 percent is in the best interest of the City.

Deputy Director Campbell indicated that the study revealed that 30 percent is likely infeasible for most projects and creates a hurdle and thought 15 percent affordable is supported by the analysis, eliminates an impediment, and boosts future production in the Newport Place area above the Density Bonus Law on its own. He noted the related challenges and a good balance for the community and recommended the action.

Chair Ellmore closed the public hearing.

Motion made by Commissioner Langford and seconded by Vice Chair Rosene to approve the item as recommended by staff.

AYES: Barto, Ellmore, Klaustermeier, Langford, and Rosene NOES: None
RESUSED: Harris and Lowrey
ABSENT: None
ITEM NO. 5 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0071)
Site Location: 1550 Avocado Avenue at the corner of Avocado Avenue and San Joaquin Hills Road
Summary:

Consistent with the City Council's initiation on April 25, 2023, the proposed amendment to the Newport Village Planned Community (PC-27) Development Plan would add "recreational facilities" as an allowed use within the area designated as Area 1. Area 1 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.

Recommended Action:

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Planning Commission Meeting
June 22, 2023

1. Conduct a public hearing;

2. Find the amendment is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and

3. Adopt Resolution No. PC2023-026, recommending the City Council approve a Planned Community Development Plan Amendment allowing recreational facilities in Area 1 of the Newport Village Planned Community.

Associate Planner Joselyn Perez utilized a presentation to review a vicinity map, surrounding land uses, the existing Orange County Transportation Authority (OCTA) site, the proposed amendments to PC-27, staff recommendation, and next steps.

No ex parte communications were reported by Commissioners.

Chair Ellmore opened the public hearing.

Jim Mosher noted two grammatical errors and questioned if Area 1 is truly large enough for a field as stated in Section 3, whether the night lighting of the courts would be consistent with the development plan and the residential uses to the east, and if the amendment would be contrary to promoting alternative means of transportation by eliminating existing parking spaces at the transit facility.

Deputy Director Campbell clarified that night lighting is referring to security and overnight lighting and any lighting to illuminate a sport court would be evaluated at the time a project comes forward. He agreed that a "field" may not be the right wording and suggested removing it. Mr. Campbell explained that as part of the amendment, required parking for the transit facility and any future recreational use will be evaluated when project comes forward. Lastly Mr. Campbell shared a conversation from his earlier meeting with OCTA regarding the site and how current survey results indicate only a 30 percent utilization on average of the existing parking lot.

Chair Ellmore closed the public hearing.

In response to Vice Chair Rosene's question, Assistant City Attorney Summerhill noted that there are exemptions that could and should apply in this scenario.

Motion made by Commissioner Harris and seconded by Commissioner Langford to approve the item as recommended by staff.

AYES: Barto, Ellmore, Harris, Klaustermeier, Langford, Lowrey, and Rosene NOES: None
ABSTAIN: None
ABSENT: None
Vill. DISCUSSION ITEMS
ITEM NO. 6 NEW VISITOR -SERVING ACCOMMODATIONS MU-W2 AND MU-CV/15T" ST Site Location: Various properties located in Lido Village, Cannery Village, McFadden Square and mixed -use areas on 15t" Street, Agate Avenue, and Marine Avenue
Summary:

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Planning Commission Meeting
June 22, 2023
At City Council's request on May 23, 2023, Planning Commission was directed to identify opportunities for to modify Titles 20 and 21 of the Newport Beach Municipal Code to facilitate new visitor serving accommodation opportunities within the MU-W2 and MU-CV/15t" Street zones. The request also included several considerations: 1) applicability to multi -unit residential developments with 20 or more residential units under common ownership, 2) requirement for professional management, 3) requirement for project amenities, and 4) where there are no parking impacts that could reduce the availability of parking in residential neighborhoods.

Recommended Action:

1. Receive public comment;
Find recommended actions exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment;

3. Form an ad hoc committee consisting of three Planning Commissioners appointed by the Chair to develop a recommendation for the Planning Commission to consider and forward to the City Council; or

4. Instruct staff to prepare a report focusing on the topic that will be reviewed by all the Planning Commissioners at a future date.

Deputy Director Campbell utilized a presentation to provide an overview of the City Council's direction to facilitate new visitor serving accommodation opportunities within the MU-W2 and MU-CV/15t" Street zones, vicinity map, and background on the MU-W2 and MU-CV/15t" Street zones. He asked the Planning Commission to either establish an ad hoc subcommittee or direct staff to prepare a report with code amendments.

Jim Mosher thought the Planning Commission does not have enough information to move forward and suggested the item be added to the City Council agenda for discussion and direction.

Chair Ellmore, Vice Chair Rosene, and Commissioner Barto supported a report prepared by staff.

Motion made by Commissioner Barto and seconded by Chair Ellmore to instruct staff to prepare a report focused on the matter for review by the Planning Commission at a future date.

AYES:

Barto, Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES:

None
RECUSED:

Langford
ABSENT:

None
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
None
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS

WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA
Deputy Director Campbell reported that the July 6 Planning Commission meeting is the annual meeting with three items and officer elections scheduled, City Council will appoint two commissioners by the next meeting, three items are anticipated for the July 20 meeting, and City Council approved the VE Zone amendment with changes to the side yard encroachment.

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June 22, 2023
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
Commissioner Lowrey requested an excused absence on August 17th.

Commissioner Barto requested a possible excused absence on July 6th.

Vice Chair Rosene requested a possible excused absence on July 20th.

X. ADJOURNMENT - With no further business, Chair Ellmore adjourned the meeting at 7:58 p.m.

The agenda for the June 22, 2023, Planning Commission meeting was posted on Thursday, June 15, 2023, at 12:28 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, June 15, 2023, at 12:15 p.m.

Curtis Ellmore, Chair
Vacant, Secretary

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Attachment G
Written Correspondence Received
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Planning Commission - June 22, 2023
Item No. 5a - Additonal Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0071) June 22, 2023, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:

Jim Mosher (iimmosher(a)-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).

Item No. 5. NEWPORT VILLAGE PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT (PA2023-0071)

1. Shouldn't the staff report also analyze consistency with the City's newly -adopted General Plan Circulation Element?
Would a proposal to remove half the bus terminal's parking lot be consistent with the City's presumed commitment to promote alternative modes of transportation, including mass transit?

2. If the Newport Village Planned Community text, PC-27, needs to be revised, shouldn't it also be updated to reflect the possibility of a City Hall and parking structure in Area 3, as well as updating the Exhibit A ("Land Use Plan") map on page 20 to reflect the reversion of "Farallon Dr" to "Civic Center Dr"?
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Newport Beach City Council
July 11, 2023