HomeMy WebLinkAbout2019-14 - Approving General Plan Amendment No. GP2015-004 to Change the Land Use Designation from General Commercial (CO-G) to Private Institutions (PI) for the Harbor Pointe Senior Living Project - a Senior Convalescent and Congregate Care Facility LocatRESOLUTION NO. 2019-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT NO. GP2015-004 TO CHANGE THE
LAND USE DESIGNATION FROM GENERAL COMMERCIAL
(CO -G) TO PRIVATE INSTITUTIONS (PI) FOR THE HARBOR
POINTE SENIOR LIVING PROJECT - A SENIOR
CONVALESCENT AND CONGREGATE CARE FACILITY
LOCATED AT 101 BAYVIEW PLACE (PA2015-210)
WHEREAS, an application was filed by Harbor Pointe Senior Living LLC of
California ("Applicant"), with respect to property located at 101 Bayview Place, and legally
described as Lot 1 of Tract No. 12528 in the City of Newport Beach, County of Orange,
State of California, as per Map recorded in Book 551, Pages 38 through 41 inclusive of
Miscellaneous Maps, in the Office of the County Recorder of said County, Assessor's
Parcel No. 442-283-05 ("Property");
WHEREAS, the Applicant proposes the demolition of an existing approximately
8,800 square -foot restaurant ("Kitayama") to accommodate the development of an
approximately 85,000 square -foot, three-story senior convalescent and congregate care
facility (i.e., memory care and assisted living) as a State -licensed Residential Care Facility
for the Elderly ("RCFE") with 120 beds ("Project");
WHEREAS, in order to implement the Project, the Applicant requests or requires
the following approvals from the City of Newport Beach ("City"):
• General Plan Amendment ("GPA") — The current land use designation is
General Commercial Office ("CO -G") which allows 8,000 square feet for
restaurant use or 70,000 square feet for office use. The general plan amendment
would change the CO -G land use designation to Private Institutions ("PI") and
amend Anomaly No. 22 to allow the 85,000 square foot RCFE (Table LU2 and
associated figures);
• Planned Community Development Plan Amendment (Zoning) — To change
the allowed land uses and amend development standards in Area 5 of the
Bayview Planned Community ("PC -32") Zoning District;
• Major Site Development Review — To ensure the Project is developed in
accordance with the applicable planned community and zoning code
development standards and regulations pursuant to Newport Beach Municipal
Code ("NBMC") Section 20.52.080 (Site Development Reviews);
Resolution No. 2019-14
Page 2 of 10
• Conditional Use Permit — To allow the use of the Property as a 120 bed RCFE
(memory care and assisted living facility) with conditions of approval that protect
the health, safety and general welfare of the surrounding community;
• Development Agreement — The applicant has requested a development
agreement, which will provide for public benefits as the project is implemented;
and
• Environmental Impact Report ("EIR") — To address reasonably foreseeable
environmental impacts of the Project with corresponding mitigation measures that
reduce those environmental impacts in accordance with the California
Environmental Quality Act ("CEQA") in 14 California Code of Regulations Section
15000 et. seq. and the California Public Resources Code Section 21000 et. seq.
WHEREAS, the Property is located within the PC -32 Zoning District and the
General Plan Land Use Element category is designated as CO -G;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required;
WHEREAS, on February 23, 2017, the Planning Commission held a study session
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California,
to provide initial direction on the Project. No action was taken at the study session.
Although not required, the City mailed a courtesy public notice of this study session to
property owners within a 300' radius of the Property;
WHEREAS, on September 13, 2018, the Planning Commission held a study
session in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, to receive a project update and review the draft EIR. No action was taken at
the study session. Although not required, the City mailed a courtesy public notice of this
study session to property owners within a 300' radius of the Property;
WHEREAS, on December 6, 2018, the Planning Commission held a public hearing
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
California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapter
20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
Resolution No. 2019-14
Page 3 of 10
WHEREAS, the Planning Commission adopted Resolution No. PC2018-033 by a
unanimous vote of 6-0 recommending approval of the Project, and the land use entitlements
referenced above, to the City Council;
WHEREAS, on January 17, 2019, the Airport Land Use Commission ("ALUC") found
the City of Newport Beach Harbor Pointe Senior Living Project to be consistent with the
Airport Environs Land Use Plan for John Wayne Airport;
WHEREAS, on February 12, 2019, the City Council held a public hearing in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and NBMC. Evidence, both written and oral, was presented to, and considered by,
the City Council at this public hearing;
WHEREAS, amendments to the General Plan and Zoning Code are legislative
acts and neither the City nor State Planning Law set forth any required findings for either
approval or denial of such amendments;
WHEREAS, City Council Policy A-18 requires that proposed GPAs be reviewed to
determine if a vote of the electorate would be required pursuant to Section 423 of the City
Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10)
years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty
thousand (40,000) square feet of nonresidential floor area, or adds more than one
hundred (100) dwelling units in a statistical area, a vote of the electorate would be
required if the City Council approves the GPA. This Property is within Statistical Area J6.
There have been no GPAs in Statistical Area J6 since the General Plan update in 2006.
The amendment results in 15,000 square feet of additional nonresidential floor area and
the Project does not include dwelling units. The additional 15,000 square feet for the
proposed facility results in a net decrease of 75 a.m. peak hour trips and a net decrease
of 74 p.m. peak hour trips. The reduction in trips is based on the trip generation rates for
the allowed general office building and a nursing home (i.e., best available comparable
use in Council Policy A-18). As none of the thresholds specified by Charter Section 423
are exceeded, no vote of the electorate is required if the City Council chooses to approve
General Plan Amendment No. GP2015-004;
WHEREAS, the future development of the property affected by the proposed
amendments will be consistent with the goals and policies of the Land Use Element of
the General Plan; and will be consistent with the purpose and intent of the proposed
amendments to the PC -32 Zoning District of the NBMC; and
Resolution No. 2019-14
Page 4 of 10
WHEREAS, pursuant to California Government Code Section 65352.3, a local
government is required to contact the appropriate tribes identified by the Native American
Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the
General Plan. If requested by any tribe, the local government must consult for the purpose
of preserving or mitigating impacts to cultural resources. The City received comments
from the NAHC indicating that eight tribal contacts should be provided notice regarding
the proposed amendment. The tribal contacts were provided notice on April 19, 2016.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribe contacts to respond to the request to consult. The City was
not contacted by any tribal contacts during this 90 day period.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council of the City of Newport Beach hereby approves
General Plan Amendment No. GP2015-004 as attached hereto as Exhibit "A", and
incorporated herein by reference changing the land use designation of the Property from
General Commercial Office ("CO -G") to Private Institutions ("PI"), and amending Anomaly
No. 22 (Table LU2 and associated figures).
Section 3: Though not required to make specific findings, the requested GPA and
resulting land use change is consistent with the following General Plan land use policies:
1. Land Use Element Policy LU 2.1 (Resident -Serving Land Uses) encourages
uses that support the needs of Newport Beach's residents including housing, retail,
services, employment, recreation, education, culture, entertainment, and social
and spiritual activity that are in balance with the community natural resources and
open space.
Facts in Support of LU 2.1. The Project would replace the existing restaurant with
an RCFE that would serve this age demographic of the City which comprises
almost twenty five (25) percent of the City's total population according to latest
available American Community Survey ("ACS") data. At present, there are
approximately 685 beds in similar facilities citywide.
Resolution No. 2019-14
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2. Land Use Element Policy LU 3.2 (Growth and Change) encourages
enhancement of existing neighborhoods, districts, and corridors, allowing for re-
use and infill with uses that are complementary in type, form, scale, and character.
Changes in use and/or density/intensity should be considered only in those areas
that are economically underperforming, necessary to accommodate Newport
Beach's share of projected regional population growth, improve the relationship
and reduce commuting distance between home and jobs, or enhance the values
that distinguish Newport Beach as a special place to live for its residents. The scale
of growth and new development shall be coordinated with the provision of
adequate infrastructure and public services, including standards for acceptable
traffic level of service.
Facts in Support of LU 3.2. The Project would enhance the Bristol Street corridor
by providing an updated building that complies with all current Building and Fire
Codes. The change in use and increase in floor area are appropriate given that the
Project will provide additional, adequate accommodations for a large segment of
the City's population, which is continuing to grow. Mitigation Measure MM FIRE -1
of the draft EIR requires the Applicant to provide an additional ambulance for the
nearby Santa Ana Heights Fire Station No. 7 to ensure emergency medical
services, to the City as a whole, are not compromised. Furthermore, the Project
would result in a calculated overall decrease of average daily trips ("ADT") by 426,
based on the Institute of Transportation Engineers' ("ITE") 2017 Trip Generation
Manual, 10th Edition trip rates for restaurant and assisted living land uses. A
restaurant land use of this size generates a calculated 738 average daily trips,
while an assisted living facility of this size generates a calculated 312 average daily
trips.
3. Land Use Element Policy LU 3.8 (Project Entitlement Review with Airport
Land Use Commission) requires the ALUC to review the adoption or amendment
of the General Plan, Zoning Code, specific plans, and Planned Community
development plans for land within the John Wayne Airport planning area, as
established in the JWA Airport Environs Land Use Plan ("AELUP") in accordance
with Section 21676 of the California Public Utilities Code. In addition, the ALUC
reviews all development projects with a building height greater than 200'.
Facts in Support of LU 3.8. On January 17, 2019, the ALUC reviewed the
proposed project and found it consistent with the AELUP. However, the ALUC did
include two conditions which have been incorporated into the Project approvals.
These two conditions include: (1) modifying noise mitigation measure NOI-4, and
(2) including an additional condition of approval on the project requiring outdoor
signage informing the public of the presence of operating aircraft.
Resolution No. 2019-14
Page 6 of 10
4. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas) which
requires commercial uses adjoining residential neighborhoods be designed to be
compatible and minimize impacts through such techniques as:
• Incorporation of landscape, decorative walls, enclosed trash containers,
downward focused lighting fixtures, and/or comparable buffering elements;
• Attractive architectural treatment of elevations facing the residential
neighborhood;
• Location of automobile and truck access to prevent impacts on
neighborhood traffic and privacy; and Land Use Element Policy LU 5.6.1
(Compatible Development) which requires buildings and properties be designed to
ensure compatibility within and as interfaces between neighborhoods, districts,
and corridors.
Facts in Support of LU 5.6.1. The Project is designed to be compatible with the
adjoining residential neighborhoods by incorporating a perimeter landscaping
buffer and site walls, as well as an increased setback of 41' from the adjoining
residential properties, where the development standards require twenty (20) feet,
for a proposed three-story building. Although landscaping will buffer the view of the
building from the residences, the architectural treatment will be composed of varied
materials including stacked stone columns, stone veneer and smooth stucco,
stainless steel metal panels, glass windows, and concrete or composition shingle
roofing. Although the drive aisle and entrance into the subterranean parking wraps
around the building nearest the residential community to the south, it will be
buffered by landscaping and taller site walls. Additionally, all of the day-to-day
vehicular activity with employee shift changes and visitors will occur in the
subterranean parking area, as well as at the front entrance near the corner of
Bristol Street and Bayview Place.
5. Land Use Element Policy LU 5.6.2 (Form and Environment) requires new
and renovated buildings be designed to avoid the use of styles, colors, and
materials that unusually impact the design character and quality of their location
such as abrupt changes in scale, building form, architectural style, and the use of
surface materials that raise local temperatures, result in glare and excessive
illumination of adjoining properties and open spaces, or adversely modify wind
patterns.
Resolution No. 2019-14
Page 7 of 10
Facts in Support of LU 5.6.2. The Project's design is architecturally compatible
with the adjoining office buildings to the west and east, which are taller than the
proposed building. Building materials consisting of smooth stucco, stainless steel
metal panels, glass windows, and concrete or composition shingle roofing have
also been selected to blend with and complement the residential neighborhoods
to the west and south. The aesthetics of the Project were also reviewed as part of
the draft EIR and no significant impacts were identified.
6. Land Use Element Policy LU 5.6.3 (Ambient Lighting) requires outdoor
lighting be located and designed to prevent spillover onto adjoining properties or
significantly increase the overall ambient lighting of their location.
Although a final lighting design has not yet been created, Condition of Approval
Nos. 29 and 30 are included to require a photometric survey to determine the
location of outdoor lighting to avoid negative lighting impacts to neighboring uses.
This will be reviewed prior to issuance of any building permit for new construction
and a final inspection will be conducted to ensure the site is not excessively
illuminated.
7. Land Use Element Policy LU 6.1.2 (Siting of New Development) allows for
the development of new public and institutional facilities within the City provided
that the use and facilities are compatible with adjoining land uses, environmentally
suitable, and can be supported by transportation and utility infrastructure.
Facts in Support of LU 6.1.2. The Project will replace an existing nonresidential
use with a RCFE, which may serve approximately 25% of the City's population.
The new construction will comply with all applicable requirements, as amended,
including the maximum height limit currently allowed for a new building at this site.
Although the Project includes an increase in floor area, the amount of ADT
generated will be reduced from the current restaurant land use or the potential
office land use. The Property is located in a nonresidential corridor along Bristol
Street, which is developed with office buildings, commercial uses, and a hotel. The
Project is compatible with adjoining residential, office, and hotel land uses. No
significant unavoidable environmental impacts associated with the project were
identified in the draft EIR. The draft EIR includes mitigation measures through the
MMRP that will ensure any potentially significant environmental impacts are
mitigated. The project site buffers residential development from Bristol Street and
the SR73 Freeway. Based on the analysis performed for the draft EIR, project
design and the quasi -residential use, the RCFE is anticipated to be compatible
with the surrounding use. All existing streets and utilities are sufficient to support
the Project, as studied in the Technical Appendices to the draft EIR.
Resolution No. 2019-14
Page 8 of 10
8. Land Use Element Policy LU 6.1.3 (Architecture and Planning that
Complements Adjoining Uses) ensures that the City's public buildings, sites, and
infrastructure are designed to be compatible in scale, mass, character, and
architecture with the district or neighborhood in which they are located, following
the design and development policies for private uses specified by this Plan. Design
impacts on adjoining uses shall be carefully considered in development addressing
such issues as lighting spillover, noise, hours of operation, parking, local traffic
impacts, and privacy.
Facts in Support of LU 6.1.3. The Project is located adjacent to professional office
buildings. It is also near existing residential communities; however, the building
setback is at least 41' from the nearest residentially zoned property and
approximately 90'from the nearest residence. The majority of the building will also
be set back approximately 15' from the property line abutting the Bristol Street
right-of-way and 11' from the Bayview Place right-of-way. The Project's
construction will comply with all current regulatory requirements, including
applicable height limits ensuring the scale and mass of construction will be
compatible. A lighting plan has not been finalized, However, Conditions of
Approval Nos. 29 and 30, require a photometric survey that will determine the
location of outdoor lighting to avoid any potential impacts on adjoining properties
related to lighting spillover. Outdoor open spaces for residents of the facility are
not proposed adjacent to the adjoining residential areas, which will help provide
privacy for occupants of the facility, as well as for the nearby residents. The larger
courtyard areas are internal and are buffered by the building, which will help to
provide sound attenuation. Conditions of Approval Nos. 10 and 11 limit allowable
hours for routine deliveries and trash pick-up, as well as visitors to the facility,
which will help to ensure the hours are compatible with the adjoining neighborhood.
All required parking is provided on-site. If there are any issues with parking in the
future, Condition of Approval No. 9 allows appropriate review by the Community
Development Director. The average number of daily trips to this type of facility is
determined by the number of beds. When compared to the ITE's trip generation
rates for a restaurant land use, there is a calculated reduction of average daily trips
to the site and thus, no foreseeable local traffic impact.
Section 4. The requested GPA from CO -G to PI does not eliminate existing or
future land uses to the overall detriment of the community given the site's size, location,
and surrounding uses. Numerous CO -G designated properties are located throughout the
City that could accommodate office and restaurant uses. Additionally, office uses are
allowed by right and restaurants are conditionally allowed in 16 commercial and mixed-
use zoning districts.
Resolution No. 2019-14
Page 9 of 10
Section 5: General Plan Amendment No. GP2015-004 does not require voter
approval pursuant to Section 423 of the City Charter in that there have been no CPAs in
Statistical Area J6, where the Property is located, since the 2006 General Plan Update.
The amendment results in 15,000 square feet of additional nonresidential floor area, does
not include dwelling unit and will not result in an increase in ADTs. The additional 15,000
square feet for the proposed facility results in a net decrease of 75 a.m. peak hour trips
and a net decrease of 74 p.m. peak hour trips.
Section 6: The Harbor Pointe Senior Living Project Final Environmental Impact
Report (EIR) (SCH No. 2016071062) was prepared for the Project in compliance with
CEQA, the State CEQA Guidelines, and the City Council Policy K-3. By Resolution No.
2019-_L3 the City Council, having final approval authority over the Project, adopted and
certified as complete and adequate the Harbor Pointe Senior Living Project Final
Environmental Impact Report (SCH No. 2016071062) and adopted "Mitigation Monitoring
and Reporting Program." Resolution No. 2019-j_3 is hereby incorporated by reference.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: 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 9: This resolution shall take effect immediately upon the effective date of
City Council Ordinance No. 2019- 3 adopting Planned Community Development Plan
Amendment No. PD2015-005 and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this 12th day of February, 2019.
Diane B. Dixon
Mayor
Resolution No. 2019-14
Page 10 of 10
ATTEST:
JM4�
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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City A torney
Attachments: Exhibit A - Table LU2 Anomaly Locations Amendment and
General Plan Land Use Map Amendment
Exhibit "A"
Table LU2 Anomaly Locations Amendment and
General Plan Land Use Map Amendment
M
Land Use Change:
General Commercial Office (CO -G)
to Private Institutions (PI)
n
Land Use Element
Table LU2
Anomaly
Number
Anomaly Locations
Statistical Land Use
Area Designation
Development
Limit (so
Development Limit Other
Additional Information
1
L4
MU -H2
460,095
471 Hotel Rooms (not included in total
square footage)
2
L4
MU -H2
1,052,880
2.1
L4
MU -H2
18,810
11,544 sf restricted to general office
use only (included in total square
footage)
3
L4
CO -G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -H2
46,044
7
L4
MU -H2
81,372
8
L4
MU -H2
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in total
square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included in total
square footage)
11
L4
CG
11,950
12
L4
MU -H2
457,880
13
L4
CO -G
288,264
14
L4
CO-GIMU-H2
860,884
15
L4
MU -H2
228,214
16
L4
CO -G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included in total
square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
CO -G
687,000
Office: 660,000 sf; Retail: 27,000 sf
Cv
300 Hotel Rooms
22
J6
PI
85,000
Residential Care Facility for the Elderly
(RCFE)
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
33
M3
PI
163,680
Administrative Office and Support
Facilitates: 30,000 sf
Community Mausoleum and Garden
Crypts: 121,680 sf
Family Mausoleums: 12,000 sf
34
L1
CO -R
484,348
35
L1
CO -R
199,095
36
L1
CO -R
227,797
Newport Beach General Plan
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. 2019-14 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of February, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Joy Brenner, Council Member Jeff Herdman, Council Member
Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon
NAYS: Council Member Brad Avery
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of February, 2019.
a "/��
Leilani I. Brown
City Clerk
Newport Beach, California