The URL can be used to link to this page

Home My WebLink AboutPC2021-025 - RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2021-002 AND ZONING CODE AMENDMENT NO. CA2021-003 TO CHANGE THE LAND USE DESIGNATION (RM 18 DU/AC) AND ZONING CODE DESIGNATION (RM) FROM MULTI-UNIT RESIDENTIAL TO PRIVRESOLUTION NO. PC2021-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2021-002 AND ZONING CODE AMENDMENT NO. CA2021-003 TO CHANGE THE LAND USE DESIGNATION (RM 18 DU/AC) AND ZONING CODE DESIGNATION (RM) FROM MULTI- UNIT RESIDENTIAL TO PRIVATE INSTITUTION (PI) FOR THE PROPERTY LOCATED AT 1499 MONROVIA AVENUE (PA2021- 068) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On March 26, 2021, an application was filed by Pacifica Christian High School (“Applicant”), with respect to property located at 1499 Monrovia Avenue, and legally described as a portion of Parcel 2 of Lot Line Adjustment No. LA2007-002 (“Property”). 2. The Property is designated Multi-Unit Residential (RM 18 du/ac) by the City of Newport Beach General Plan (“General Plan”) and is located within the Multi-Unit Residential (RM 2420/3100) Zoning District in Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 3. The Applicant requests General Plan Amendment No. GP2021-002 to the General Plan and Zoning Code Amendment No. CA2021-003 to Title 20 to change the land use and zoning designation from Multi-Unit Residential to Private Institution (PI 0.49 FAR) (“Project”) for the Property. 4. The Property is not located within the coastal zone, therefore, an amendment to the City of Newport Beach Coastal Land Use Plan or Title 21 (Local Coastal Program Implementation Plan) is not required. 5. In 1957, the County of Orange authorized construction of an office building located at the Property. 6. The West Newport Mesa area, commonly referred to as the County Triangle, was annexed into the City on October 7, 1979, pursuant to Resolution No. 9647. Upon annexation into the City, the Property was zoned Manufacturing (M-1-A). 7. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006-76 approving a comprehensive update to the General Plan (“General Plan Update”). As a part of the General Plan Update, the land use designation for the Property was changed from General Industry to Multi-Unit Residential (RM 18 du/ac). Planning Commission Resolution No. PC2021-025 Page 2 of 4 8. On January 8, 2008, the City Council adopted Ordinance No. 2008-5, which established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City’s Local Coastal Land Use Plan which occurred on July 14, 2009. 9. On October 25, 2010, the City Council adopted a Comprehensive Update to Title 20 bringing consistency between it and the Land Use Element of the General Plan. The manufacturing zoning designation of the Property was changed from Manufacturing (M- 1-A) to Multi-Unit Residential (RM 2420/3100). Since the use of the Property was an office use in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008-5. 10. On February 1, 2012, a Hearing Officer for the City of Newport Beach approved an abatement extension for the property allowing the continued operation of the subject property as a commercial use until February 1, 2022. 11. On August 14, 2014, the Zoning Administrator authorized Pacifica Christian High School (“Applicant”) to operate a private high school at 883 West 15th Street. 12. On October 5, 2017, the Planning Commission authorized the expansion of Pacifica Christian High School due to an increase in enrollment and staff. The approval included the use of off-site parking at the Property. 13. On September 18, 2020, the Community Development Director authorized offsite parking at 1515 Monrovia Avenue as a substitute for offsite parking at the Property. 14. Council Policy A-18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project includes a General Plan Amendment, and, separately or cumulatively with other projects over a 10-year span, exceeds any one (1) of three (3) thresholds, a vote of the electorate would be required. The three (3) thresholds are as follows: more than 100 additional peak hour trips (a.m. or p.m.), addition of 40,000 square feet or more of non-residential floor area or addition of more than 100 dwelling units in a statistical area. 15. This is the second General Plan Amendment that affects Statistical Area A2 over the last 10 years. The cumulative results that include 80 percent of the increase of the prior amendment approved at 1419 Superior Avenue (General Plan Amendment No. GP2011-007 [PA2011-138]) further reduce the number of dwelling units (-18 = 0.0 dwelling units) and increase the non-residential floor area (7,052 square feet), resulting in an overall increase of 64 a.m. peak hour trips and an overall increase of 30 p.m. peak hour trips based on the high school trip rates reflected in Council Policy A-18. The peak hour trips increase by 35 a.m. peak hour trips and 38 p.m. peak hour trips if the General Plan Public, Semi-Public, and Institutional trip rates reflected in Council Policy A-18 are utilized. As none of the three (3) thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. Planning Commission Resolution No. PC2021-025 Page 3 of 4 16. The Planning Commission held a public hearing on August 19, 2021 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. General Plan Amendment No. GP2021-002 and Zoning Code Amendment No. CA2021- 003 are not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 21065 of the California Public Resources Code (“CEQA”) and Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) because it has no potential for resulting in physical change to the environment, directly or indirectly. 2. This action is further covered by the general rule Section 15061(b)(3) of the CEQA Guidelines that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. 3. General Plan Amendment No. GP2021-002 and Zoning Code Amendment No. CA2021- 003 will not have a significant effect on the environment because the Property is currently developed with an office building and no additional development is contemplated. There is no expansion of use or intensification beyond the existing office use, rather General Plan Amendment No. GP2021-002 and Zoning Code Amendment No. CA2021-003 will allow the possibility of the existing office building to be reutilized to a private institution use. Approval of the amendments will not result in a direct physical impact to the environment. Any future development or change in use on the Property will be subject to review and permitting including CEQA. 4. The Property is currently, and has historically been, used as a commercial property since its development. The office building operates under an abatement to the residential zoning designation, and the Property has never been used for residential development, and no such development is planned for the site. As a result, residential uses will not be impacted because there is no residential use on the Property. Any future use will be consistent with the Private Institution General Plan land use designation. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such Planning Commission Resolution No . PC2021-025 Page 4 of 4 amendments, unless they are determined not to be required for the public necessity and convenience, and the general welfare. 3. The amendment will be consistent with the purpose and intent of the Pl 0.49 FAR (Private Institution) Zoning District of the NBMC since any future development of the Property with uses other than those existing must comply with the development standards and requirements of Title 20 (Planning and Zoning) for the Pl 0.49 FAR (Private Institution) Zoning District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission the City of Newport Beach hereby finds General Plan Amendment No. GP2021-002 and Zoning Code Amendment No. CA2021-003 are not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guidelines Section 15060(c)(2). The General Plan Amendment and Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061 (b)(3), because it has no potential to have a significant effect on the environment. The Amendments do not authorize new development that would directly result in physical change to the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve General Plan Amendment No. GP2021-002 and Code Amendment No. CA2021-003. PASSED, APPROVED, AND ADOPTED THIS 19rH DAY OF AUGUST, 2021. AYES: NOES: ABSTAIN: ABSENT: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand Ellmore PARIS LNNICELNST ARE L NBABCOCK STMC NEIL LN LILLE LNARIESCT BOLERO WAYSEASCAPEDRHAMPTON DRM O JOC T SEREN ACTTR IBUTECTINTREPIDSTODYSS EYCT R O BO NCTR EIMSLNLANDFAL LCTKAM ALIICTGRE TELCTSWIFTCT B A R UNAC T EBB TIDE CIR TICONDEROGA ST K IALO A CT COLUMBIAST CAGNEYLN MEDICAL LN ENCORECTIMALOACT HOSPITAL RD LIDO SANDS DR P L A CE N TI A AVE S O M E RTON DR HALYARD H OA G R D W16TH ST W MONROVIA AVE15TH ST W PRODUCTION PL PLACENTIA AVECOASTHWYW SUPERIOR AVESunset ViewPark SunsetRidgePark IG R-1 RM PF RM RMIG OM PF PC 25 PC10 OM RM CN PC 38 PR PI PC 25 PC 14 IG PC 38 CG PF 25 PA2021-068_CA_Amendment.mxd 0 440220 FeetI City of Newport BeachGIS DivisionAugust 16, 2021 CA2021-003 (PA2021-068)Zoning Code Amendment1499 Monrovia Ave Zone Change: Multiple Residential (RM) to to Public Institutions (PI) 0.49 FAR PI PI IG RM PF RM CN PR PI RM CG CO-M PF PARIS LNNICELNSTAREL NMC NEIL LN LILLE LN PATRICE RD ARIESCTSEASCAPEDRHAMPTON DRM O JOC T H O A GDR SERE NACTTR IBUTECTBABCOCK STINTREPIDSTODYS SEYCT SPINDRIFT WAY REIMSLNLANDFA LLCTKAMALII CTGRE TELCTSWIFTCT B A R UNAC T BOLERO WAYFLAG SHIPRDTICONDEROGA ST K IALO A C T COLUMBIAST EBB TIDE CIRBRIDGEWATERWAY CAGNEYLN MEDICAL LN ENCORECTIMALOACT HOSPITAL RD P L A C E N TI A A V E S O M ER T ONDR HALYARD 16TH ST W MONROVIA AVEH OA G R D W15TH ST W PRODUCTION PL PLACENTIA AVESUPERIOR AVESunsetRidge Park PA2021-068_GP_Amendment.mxd 0 430215 FeetI City of Newport BeachGIS DivisionJuly 22, 2021 GP2021-002 (PA2021-068)General Plan Amendment 1499 Monrovia Ave Land Use Change: Multiple Residential (RM) to to Public Institutions (PI) 0.49 FAR