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Home My WebLink About2021-9 - Denying General Plan Amendment No. GP2018-001 and Conditional Usa Permit No. UP2016-025 for the Addition of a Car Wash to the Existing Vehicle Service Station Located at 1600 Jamboree Road (PA2016-093)RESOLUTION NO. 2021-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT NO. GP2018-001 AND CONDITIONAL USE PERMIT NO. UP2016-025 FOR THE ADDITION OF A CAR WASH TO THE EXISTING VEHICLE SERVICE STATION LOCATED AT 1600 JAMBOREE ROAD (PA2016-093) 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, an application was filed by R & M Pacific Rim Inc. ("Applicant"), with respect to property located at 1600 Jamboree Road, and legally described as shown as Parcel 1 in the City of Newport Beach, on a map filed in Book 33, Page 50 of Parcel Maps in the office of the Orange County Recorder ("Property"); WHEREAS, the Property is designated CG (General Commercial) by the City of Newport Beach General Plan ("General Plan") Land Use Element and located within Commercial - Area 15 of the PC -8 (Big Canyon Planned Community) Zoning District; WHEREAS, the Property is not located within the coastal zone, therefore, an amendment to the Local Coastal Program and a coastal development permit are not required; WHEREAS, the Property was approved as a vehicle service station in 1970 pursuant to Use Permit No. UP1495 with subsequent modifications including Conditional Use Permit No. UP2011-028; WHEREAS, the Applicant proposes the addition of an automated car wash to the existing vehicle service station, which requires the following approvals: • General Plan Amendment No. GP2018-001 to amend the General Plan to increase the 2,300 -square -foot maximum development intensity of the Property (Anomaly No. 62) to accommodate the 1,100 -square -foot car wash addition ("Project"), and • Conditional Use Permit No. UP2016-025 to amend the existing Conditional Use Permit No. UP2011-028 for the operation of the automated car wash and modification of the setback; Resolution No. 2021-9 Page 2 of 5 WHEREAS, a public hearing was held on September 13, 2018 in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission continued the item to give the Applicant time to address concerns regarding noise, neighborhood outreach, and potentially revise the design of the car wash; WHEREAS, a telephonic public hearing was held on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public 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 Planning Commission at this public hearing; WHEREAS, on July 9, 2020, the Planning Commission adopted Resolution No. PC2020- 022 by a unanimous vote (6 ayes, 0 nays), recommending approval of the Project to the City Council; WHEREAS, due to the proposed amendments to the General Plan, California Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") for a determination of the Project's consistency with the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport; WHEREAS, on September 17, 2020, the ALUC voted (6 ayes, 0 nays) finding the Project to be consistent with the AELUP; and WHEREAS, a telephonic public hearing was held on January 26, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public 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 public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2021-9 Page 3 of 5 Section 1: The City Council has considered the recommendation of the Planning Commission and 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. The City Council hereby denies General Plan Amendment No. GP2018- 001 and Conditional Use Permit No. UP2016-025. Section 2: Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq. require specific findings for either approval or denial of such amendments. Notwithstanding the foregoing, the City Council finds in this case that General Plan Amendment No. GP2018-001 is inconsistent with General Plan Land Use Element Policy LU 3.2 (Growth and Change) for the following reasons: Facts in Support of Finding for Denial: 1. General Plan Policy LU 3.2 (Growth and Change) states that changes in use and/or density/intensity should be considered only in those areas that enhance the values that distinguish Newport Beach as a special place to live for its residents, and that growth must be integrated carefully between different types of uses that are in proximity, as to not contribute to negatively impacting the quality of life. In this case, the increased intensity would promote a car wash that relies on an encroachment into a 30 -foot setback standard, resulting in the location of the car wash that is closer in proximity to the adjacent residential neighborhood. The Planning Commission and City Council received multiple public comments that the Project would negatively impact the adjacent residents. The proposed encroachment into the setback resulting in a 15 -foot setback, as opposed to the 30 -foot setback required by Title 20, would result in additional noise impacts to the adjacent residents which cannot be adequately eliminated by the mitigation measures proposed. 2. The future development of the Property affected by the proposed amendment will not be consistent with the goals and policies of the Land Use Element of the General Plan Section 3: The addition of the accessory car wash use to the existing service station constitutes a major change in operations and requires the approval of a new conditional use permit. The City Council may approve a conditional use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional and Minor Use Permits) of the NBMC. In this case, the City Council finds: Resolution No. 2021-9 Page 4 of 5 Facts in Support of Findings for Denial: 1. The Property has a land use designation of CG (General Commercial) within the General Plan. Fuel/service stations, convenience stores are permitted uses within this land use designation. However, due to the proposed location of the car wash adjacent to residential uses, the proposed expansion to add the car wash is inconsistent with the General Plan due to the potential of jeopardizing the quality of life of the adjacent residents. 2. The proposed car wash setback of 15 feet instead of the 30 foot requirement set forth in Title 20 (Planning and Zoning), is a 50 percent encroachment into the required setback that will impact the adjacent residential neighborhood of Big Canyon. While the 30 foot setback would provide sufficient buffer between these different land uses to operate cohesively, approving the Project at a reduced setback from what is required by Title 20 creates incompatibility. 3. While the intent of the large 30 foot setback for vehicle washing facilities is to locate these facilities to an area that is least visible from the street frontages and reduce visual and operational impact to adjacent uses, the proposed encroachment is on the side with the greatest potential conflict of use with the adjacent residential neighborhood. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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 constitutionally of the remaining portions of this resolution. The City Council hereby declares that is 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 6: The City Council finds the denial of this resolution for this project is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because projects which a public agency rejects or disapproves are not subject to CEQA review. Section 7: Resolution No. 1929 (adopting Use Permit No. UP2011-028) shall remain in effect. Resolution No. 2021-9 Page 5 of 5 Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 9t" day of February 2021. Brad Pory Mayor ATTEST: �► ,.•. Leilani I. Bro �. R, Secretary U APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aar6n C. Harp City Attorney 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. 2021-9 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 91h day of February, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield NAYS: Council Member Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of February, 2021. rk10) i. __ZFAIN III��. Leilani I. Brown City Clerk Newport Beach, California