HomeMy WebLinkAbout2.0_A2_Harbor Day School Reconstruction_PA2018-183_PC-2_Draft_Resolution_Denial Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO. PC2019-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING SITE DEVELOPMENT REVIEW
NO. SD2018-004, MINOR USE PERMIT NO. UP2018-015 AND
LIMITED TERM PERMIT NO. XP2019-003 FOR HARBOR DAY
SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2018-
183)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Harbor Day School (HDS), with respect to property located at
3443 Pacific View Drive, and legally described as Lot 463, Block 96, of Tract 361
requesting approval of Site Development Review and Minor Use Permit.
2. The applicant requests a major site development review to allow the development of
Harbor Day School's new campus consisting of approximately 99,607 square feet in gross
building area; and to allow the performing art/gymnasium building to exceed the 32-foot
height limit by up to 9 feet and 6 inches, for an overall height of 41 feet and 6 inches. The
application also includes a minor use permit to allow the continued operation of a
kindergarten through eighth grade private school; and a limited term permit to allow Harbor
Day School to use a portion of the Big Canyon Reservoir's contractor yard for construction
staging purposes. The existing allowed maximum enrollment of 480 students is not
proposed to be increased as part of this project. If approved, this Minor Use Permit would
supersede Use Permit No. UP2013-024.
3. The school property is located within the PI (Private Institutions) Zoning District with a floor
area ratio (FAR) of 0.35 and the General Plan Land Use Element category is PI (Private
Institutions).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on June 20, 2019, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the Newport Beach Municipal Code. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
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Planning Commission Resolution No. PC2019-017
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SECTION 3. REQUIRED FINDINGS.
Major Site Development Review
The Planning Commission may approve a major site development review application only after
making each of the required findings set forth in NBMC Section 20.52.080(F) (Findings and
Decision). In this case, the Planning Commission was unable to make the required findings for
the following reasons:
1. The Planning Commission determined, in this case, that the proposed major site
development review for the development of new school campus is not consistent with
the legislative intent of Title 20 of the NBMC and that findings required by Section
20.52.080 are not supported in this case.
2. The design, location, size, building height and characteristics of the proposed school
campus are not compatible with the established community. The development may
result in negative impacts to residents in the vicinity and would not be compatible with
the enjoyment of the nearby residential properties.
Minor Use Permit
The Planning Commission may approve a minor use permit application only after making each
of the required findings set forth in NBMC Section 20.52.020(F). In this case, the Planning
Commission was unable to make the required findings for the following reasons:
1. The project is not designed to be compatible with the adjoining land uses and to operate
in a manner consistent with the intend of PI (Private Institutions) Zoning District.
Limited Term Permit
The Planning Commission may approve a limited term permit application only after making
each of the required findings set forth in NBMC Section 20.52.040(G). In this case, the Planning
Commission was unable to make the required findings for the following reasons:
1. The Big Canyon Reservoir construction yard is not adequate area to accommodate the
temporary storage of construction materials and equipment during the construction of
new school. The use of temporary construction storage may impede access to the
existing and adjacent uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Site Development
Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit
No. XP2019-003.
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Planning Commission Resolution No. PC2019-017
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2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
BY:
Lee Lowrey, Secretary
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