HomeMy WebLinkAbout17 - Zoning Code Amendment and General Plan Amendment to Change the Land Use Designation and Zoning District from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068)Q �EwPpRT
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<,FORN'P City Council Staff Report
September 28, 2021
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Chelsea Crager, Associate Planner, ccrager@newportbeachca.gov
PHONE: 949-644-3227
TITLE: Ordinance No. 2021-21: Zoning Code Amendment and General Plan
Amendment to Change the Land Use Designation and Zoning District
from Multiple Unit Residential to Private Institutions at 1499 Monrovia
Avenue (PA2021-068)
ABSTRACT -
For the City Council's consideration are proposed amendments to the General Plan and
zoning map to change the land use designation for the property at 1499 Monrovia
(property) to Private Institutions and change the zoning district designation to Private
Institutions. The property is currently within the Multiple Unit Residential General Plan
land use designation and Multiple Unit Residential (RM) zoning district. The amendments
were initiated by the property owner who seeks to utilize the existing office building as a
private high school, subject to a future use permit. The property is currently developed
with an office building.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this project not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly;
c) Adopt Resolution No. 2021-94, A Resolution of the City Council of the City of Newport
Beach, California, Approving General Plan Amendment No. GP2021-002 to Change
the Land Use Designation from RM 18 DU/AC (Multiple Residential) to PI 0.49 FAR
(Private Institutions) for the Property Located at 1499 Monrovia Avenue (PA2021-
068); and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2021-21, An Ordinance of the City Council of the City of Newport Beach,
California, Approving Zoning Code Amendment No. CA2021-003 to Change the
Zoning Code Designation from RM 2420/3100 (Multiple Residential) to PI 0.49 FAR
(Private Institutions) for the Property Located at 1499 Monrovia Avenue (PA2021-
068), and pass on to second reading on October 12, 2021.
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Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
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Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 2
DISCUSSION:
Project Description
The project includes amendments to the General Plan and Zoning Map to change the
land use designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution
(PI 0.49 FAR); and change the zoning district designation from Multiple Unit Residential
(RM 2420/3100) to Private Institutions (PI 0.49 FAR). The property owner seeks to utilize
the existing office building as a private high school, which would be subject to future
consideration of a use permit.
Background
The West Newport Mesa area of the city, more specifically known as the County Triangle,
was annexed to the City of Newport Beach (City) on October 7, 1979, pursuant to
Resolution No. 9647. With annexation into the City, the 1499 Monrovia Avenue property
became zoned Manufacturing (M-1 -A).
On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006-76,
approving a comprehensive update to the Newport Beach 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).
On January 8, 2008, the City Council adopted Ordinance No. 2008-5, which in addition to
other Zoning Code changes, established the maximum time period for the abatement and
termination of nonconforming commercial uses in residential districts. The existing office
building did not officially become a nonconforming use until finalization of the City's update
of the Zoning Code in late 2010.
On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the 2006 General Plan Update. The manufacturing zoning designation of the
subject property was changed from Manufacturing (M -1-A) to Multi -Unit Residential (RM
2420/3100) to match the Land Use Element. Since the use of the subject property was an
office use in a residential zone, it was subject to abatement in accordance with Ordinance
No. 2008-05.
On February 1, 2012, a Hearing Officer for the City of Newport Beach approved an
abatement extension for the property, which allows the continued operation of the
1499 Monrovia property as a commercial use for 10 years from the date of the Hearing
Officer's approval. The abatement period was extended to February 1, 2022.
On August 14, 2014, the Zoning Administrator authorized Pacifica Christian (Applicant) to
operate a private high school at 883 West 15th Street. 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 project site,
1499 Monrovia Avenue, after the applicant purchased the property. On September 18, 2020,
the Community Development Director authorized off-site parking at 1515 Monrovia Avenue
(Coastline Community College) as a substitute for off-site parking at 1499 Monrovia Avenue.
17-2
Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
Change the Land Use Designation and Zoning District from Multiple Unit Residential to
Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 3
On August 19, 2021, the Planning Commission conducted a duly noticed public hearing
to consider the General Plan Amendment and Code Amendment (Attachments D and E).
The Planning Commission adopted Resolution No. PC2021-025 (Attachment C) by a vote
of 6 ayes and 1 nay, recommending approval of the Code Amendment to City Council.
General Plan Consistency
The subject property is located within the West Newport Mesa area of Newport Beach. In
considering the proposed General Plan Amendment, the City Council should consider the
following statements, goals, and policies of the General Plan and whether the proposal is
in the best interest of the City. The General Plan Land Use Element describes the West
Newport Mesa as an area that:
"Contains a mix of residential, office, retail, industrial, and public uses. Development
in the area dates back to the mid -twentieth century. Retail commercial uses serve
medical purposes, as well as nearby residents. The majority of properties between the
industrial uses and medical center are developed with multi -family uses, including a
few mobile home parks. These are interspersed with a school and other civic uses.
The area's considerable mix of uses is not always complementary, nor at its edges
where it abuts residential neighborhoods and other uses."
Goal LU 3
A development pattern that retains and complements the City's residential
neighborhoods, commercial and industrial districts, open spaces, and natural
environment.
Policy LU 3.3 (Opportunities for Change)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Policies 6.3.1 through
6.22.7:
West Newport Mesa: re -use of underperforming commercial and industrial
properties for offices and other uses that support Hoag Hospital's medical activities,
improvement of remaining industrial properties adjoining the City of Costa Mesa,
accommodation of nonwatery marine -related industries, and development of
residential in proximity to jobs and services
The property is adjacent to and in close proximity of residential uses. The Private
Institutions (PI) land use designation and zoning district will allow for uses that will serve
these nearby residential uses, such as a future private school. Schools are typically found
in proximity to residential uses and are generally compatible. Specific school operations,
such as enrollment and hours of operation, are not the subject of this application and will
be considered with a future use permit application.
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Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
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Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 4
Policy LU 5.6.1 (Compatible Development)
"Require that buildings and properties be designed to ensure compatibility within and
as interfaces between neighborhoods, districts, and corridors."
Staff believes that the current office building and uses allowed by the PI land use
designation are compatible with the multi -unit residential uses and other uses in the
neighboring area. The original building on the property was constructed as an office
building in 1957, and the property has been in continuous use as a nonresidential use
since that time. There is no history of land use incompatibility with the surrounding
residential uses. Staff also believes the future operation of a private school could be
compatible subject to operational standards and conditions applied through a future use
permit.
The proposed Private Institutions (PI 0.49 FAR) designation is intended to provide for
privately owned facilities that serve the public, including places for religious assembly,
private schools, health care, cultural institutions, museums, yacht clubs, congregate
homes, and comparable facilities, with a maximum floor area to land area ratio (FAR) of
0.49. The gross floor area of the existing building (16,168 square feet) is consistent with
the proposed 0.49 FAR (17,130 square feet) limitation allowed and the future intended
use as a private school would be consistent with the proposed PI land use category and
zoning.
Housing Crisis Act of 2019 (SB 330)
The Housing Crisis Act of 2019, commonly known as SB 330, made numerous changes
to State law including adding Government Code Section 66300. SB 330 restricts the City
from adopting land use or zoning amendments that would result in the reduction of
allowed residential density or intensity without concurrently amending the General Plan
land use designation or zoning of other parcels within the city to ensure no net loss in
residential capacity. Approval of the General Plan amendment and Zoning Code
amendment would decrease residential capacity at the subject property by 14 potential
units. Should the City wish to approve the subject application and be in compliance with
Government Code Section 66300, the City would need to amend the General Plan land
use designation or zoning of other parcels to increase residential density equal to or more
than the 14 potential units lost. The Residences at Newport Center (PA2020-020) is a
residential development project that includes a General Plan amendment and Code
amendment to allow 28 residential dwelling units, where no residential uses were
previously allowed at that site. If the two projects are approved concurrently (at the same
meeting), the approval of the subject project would be consistent with Government Code
Section 66300.
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Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
Change the Land Use Designation and Zoning District from Multiple Unit Residential to
Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 5
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be
prepared to establish whether a proposed General Plan amendment (if approved)
requires a vote by the electorate. The proposed amendment is analyzed with 80 percent
of the increases in traffic, dwelling units, and non-residential floor area created by
previous General Plan amendments (approved within the preceding 10 years) within the
same statistical area. The proposed amendment and one prior amendment previously
approved within this statistical area within the previous 10 years are provided in Table 1
on the next page. The following thresholds are applicable: 100 dwelling units, 100 a.m.
peak hour trips, 100 p.m. peak hour trips, or 40,000 square feet of non-residential floor
area. If any of the thresholds are exceeded and the City Council approves the requested
General Plan Amendment, the Amendment would be classified as a "major amendment"
and be subject to voter consideration. Approved amendments, other than those approved
by the electorate, are tracked for 10 years and factored into the analysis of future
amendments as indicated.
The subject project site is located within Statistical Area A2 of the General Plan Land Use
Element and would result in an increase of 17,000 square feet of non-residential floor
area. Based on the trip generation rates contained in the Council Policy A-18 (Commercial
rate), the proposed project is forecast to generate an additional 49 a.m. peak hour trips
and 10 p.m. peak hour trips. The number of dwelling units would be reduced by 14,
resulting in no total change in the "Increase in Allowed Dwelling Units" category.
Table 1 summarizes the increase in allowed floor area, peak hour traffic (a.m. and p.m.)
and reduction in the number of dwelling units created by the proposed amendment with
the PI designation at 0.49 FAR. The increases indicated in the table are based upon the
City taking action on each amendment request separately and sequentially, where only
80 percent of the changes for each approved amendment are added to the changes for
each following amendment. As indicated, none of the four thresholds would be exceeded,
and therefore, a vote pursuant to Charter Section 423 is not required. If the proposed
General Plan Amendment is approved by the City Council, the Amendment will become
a prior amendment and 80 percent of the increases will be tracked for 10 years for any
proposed future amendments.
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Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
Change the Land Use Designation and Zoning District from Multiple Unit Residential to
Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 6
Table 1: Charter Section 423 Analysis Summary
Statistical Area A2
Increase in
Increase in
Increase in
Increase in
Allowed
a.m. Peak Hour
p.m. Peak Hour
Allowed
Floor Area
Trips
Trips
Dwelling Units
Proposed
GP2021-002
17,000 sq. ft.
20
18
0
1499 Monrovia Ave.
Prior Amendment (80%)
GP2011-007
1419 Superior Ave.
5331.2 sq. ft.
14.4
19.2
0
(PA2011-138)
TOTALS
22,331.2 sq. ft.
34.4
37.2
0
Section 423
40,000 sq. ft.
100
100
100
Thresholds
Exceeds Thresholds
No
No
No
No
to require a vote
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to 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
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
This action is further covered by the general rule that CEQA applies only to projects that
have the potential for causing a significant effect on the environment (Section 15061(b)3
of the State CEQA Guidelines). It can be seen with certainty that there is no possibility
that this activity will have a significant effect on the environment. Therefore, this activity
is not subject to CEQA.
It can be seen with certainty that there is no possibility that the approved General Plan
Amendment and Code Amendment will have a significant effect on the environment
because the property is currently developed with an office building and no additional
development is contemplated as a part of this General Plan Amendment and Code
Amendment. There is no expansion of use or intensification beyond the existing office
use, rather the Amendments will allow the possibility of the existing office building to be
reutilized to a private institution use.
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Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
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Private Institutions at 1499 Monrovia Avenue (PA2021-068)
September 28, 2021
Page 7
The subject 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 General Plan land use designation.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2021-94
Attachment B — Ordinance No. 2021-21
Attachment C — Planning Commission Resolution No. 2021-025
Attachment D — Planning Commission Minute Excerpts, dated August 19, 2021
Attachment E — Planning Commission Staff Report, dated August 19, 2021
Attachment F — Public Comments
17-7
Attachment A
Resolution No. 2021-94
17-8
RESOLUTION NO. 2021- 94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2021-002 TO
CHANGE THE LAND USE DESIGNATION FROM RM 18
DU/AC (MULTIPLE RESIDENTIAL) TO PI 0.49 FAR
(PRIVATE INSTITUTIONS) FOR THE PROPERTY
LOCATED AT 1499 MONROVIA AVENUE (PA2021-068)
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, on March 26, 2021, an application was filed by Pacifica Christian High
School ("Applicant"), with respect to the property located at 1499 Monrovia Avenue, and
legally described as a portion of Parcel 2 of Lot Line Adjustment No. LA2007-002
("Property");
WHEREAS, the Property is designated RM 18 du/ac (Multiple Residential) by the
City General Plan ("General Plan") and is located within the RM 2420/3100 (Multiple
Residential) Zoning District under Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code ("NBMC");
WHEREAS, the Applicant requests an amendment to the land use and zoning
designation ("Project") for the Property which require the following approvals by the City:
• General Plan Amendment No. GP2021-002 - to change the land use
designation from RM 18 du/ac (Multiple Residential) to PI 0.49 FAR (Private
Institutions); and
• Zoning Code Amendment No. CA2021-003 - to change the zoning designation
from RM 2420/3100 (Multiple Residential) to PI 0.49 FAR (Private Institutions);
WHEREAS, the Property is not located within the coastal zone, therefore,
amending the City Coastal Land Use Plan or Title 21 (Local Coastal Program
Implementation Plan) of the NBMC is not required;
17-9
Resolution No. 2021 -
Page 2 of 5
WHEREAS, 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; and
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-025 by a majority vote (6 ayes, 1 nay) recommending the City Council approve
General Plan Amendment No. GP2021-002 and Zoning Code Amendment No. CA2021-
003.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows.-
Section
ollows:
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.
Section 2: The City Council of the City of Newport Beach hereby amends the
General Plan of the City of Newport Beach to change the Land Use Designation of the
property from RM 18 du/ac (Multiple Residential) to PI 0.49 FAR (Private Institutions) as
depicted in Exhibit "A," which is attached hereto and incorporated herein by reference.
Section 3: Amendments to the General Plan are a legislative act. Neither Title
20 (Planning and Zoning) of the Newport Beach Municipal Code, the Charter of the City
of Newport Beach, nor California Government Code Section 65350 et seq. set forth any
required findings for either approval or denial of amendments to the General Plan.
Notwithstanding the foregoing, the Project is consistent with the General Plan as provided
herein.
Facts in Support of Finding with the General Plan.-
The
lan:
The Property has historically operated as a non-residential use. In 1957, the
County of Orange authorized construction of an office building located at the
Property. 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, and concurrently zoned M -1-A (Manufacturing). On July 25, 2006, the
17-10
Resolution No. 2021 -
Page 3 of 5
City Council adopted Resolution No. 2006-76 approving a comprehensive update
to the General Plan. As a part of the update to the General Plan, the land use
designation for the Property was changed from General Industry to RM (Multiple
Residential) 18 du/ac.
2. 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.
3. On October 25, 2010, the City Council adopted a Comprehensive Update to Title
20 (Planning and Zoning) bringing consistency between it and the Land Use
Element of the General Plan, The manufacturing zoning designation of the
Property was changed from M -1-A (Manufacturing) to RM 2420/3100 (Multiple
Residential). 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.
4. On February 1, 2012, a City Hearing Officer approved an abatement extension for
the Property allowing the continued operation of the Property as a commercial use
until February 1, 2022. Thereafter, on August 14, 2014, the Zoning Administrator
authorized the Applicant to operate a private high school at 883 West 15th Street.
5. On October 5, 2017, the Planning Commission authorized the expansion of the
Pacifica Christian High School due to an increase in enrollment and staff. The
approval included the use of off-site parking at the Property. The Community
Development Director authorized offsite parking at 1515 Monrovia Avenue as a
substitute for offsite parking at the Property on September 18, 2020. The Property
has historically operated as a non-residential use. Although the 2006 General Plan
Update contemplated residential use for the Property, it has continued to receive
abatements for the continued operation of office uses, consistent with many of the
surrounding uses.
6. 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 of the following thresholds: a vote
of the electorate would be required 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
17-11
Resolution No. 2021 -
Page 4 of 5
addition of more than 100 dwelling units in a statistical area. 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.
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 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 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment), Section 15060(c)(3) (the activity is not a project as defined in Section
15378) because it has no potential for resulting in physical change to the environment,
directly or indirectly); and Section 15061(b)(3) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it can be seen with certainty that
there is no possibility that this activity will have a significant effect on the environment.
17-12
Resolution No. 2021 -
Page 5 of 5
Section 7: 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 28th day of September, 2021.
BRAD AVERY
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AaronV,'. Harp
City A rney
Attachment A: Exhibit A - General Plan Land Use Map Amendment
17-13
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17-14
Attachment B
Ordinance No. 2021-21
17-15
ORDINANCE NO. 2021-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING
ZONING CODE AMENDMENT NO. CA2021-003 TO
CHANGE THE ZONING CODE DESIGNATION FROM RM
2420/3100 (MULTIPLE RESIDENTIAL) TO PI 0.49 FAR
(PRIVATE INSTITUTIONS) FOR THE PROPERTY
LOCATED AT 1499 MONROVIA AVENUE (PA2021-068)
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, on March 26, 2021, an application was filed by Pacifica Christian
High School ("Applicant"), with respect to the property located at 1499 Monrovia
Avenue, and legally described as a portion of Parcel 2 of Lot Line Adjustment No.
LA2007-002 ("Property");
WHEREAS, the Property is designated RM 18 du/ac (Multiple Residential) by the
City General Plan ("General Plan") and is located within the RM 2420/3100 (Multiple
Residential) Zoning District under Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code ("NBMC"),
WHEREAS, the Applicant requests an amendment to the land use and zoning
designation ("Project") for the Property which requires the following approvals by the
City..
• General Plan Amendment No. GP2021-002 to change the land use
designation from RM 18 du/ac (Multiple Residential) to PI 0.49 FAR (Private
Institutions); and
• Zoning Code Amendment No. CA2021-003 to change the zoning designation
from RM 2420/3100 (Multiple Residential) to PI 0.49 FAR (Private
I nstitutions);
WHEREAS, the Property is not located within the coastal zone, therefore,
amending the City Coastal Land Use Plan or Title 21 (Local Coastal Program
Implementation Plan) of the NBMC is not required;
17-16
Ordinance No. 2021 -
Page 2 of 4
WHEREAS, 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, and
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-025 by a majority vote (6 ayes, 1 nay) recommending the City Council approve
General Plan Amendment No, GP2021-002 and Zoning Code Amendment No. CA2021-
003.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
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.
Section 2: The City Council of the City of Newport Beach hereby approves
Zoning Code Amendment No. CA2021-003 to rezone the Property from RM 18 du/ac
(Multiple Residential) to PI 0.49 FAR (Private Institutions), as depicted in Exhibit "A,"
which is attached hereto and incorporated herein by reference.
Section 3: Amendments to Title 20 (Planning and Zoning) of the NBMC are
legislative acts. Neither Chapters 20.66 (Amendments) of the NBMC, the Charter of the
City of Newport Beach, 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 amendments to the NBMC. Nevertheless, Zoning Code Amendment No.
CA2021-003 is consistent with Title 20 (Planning and Zoning) and the General Plan.
The Property has historically operated as a non-residential use and is surrounded by
other non-residential uses. Although the 2006 General Plan Update process envisioned
residential use for this Property, it has continued to operate as a legal non -conforming
office use. With the adoption of Resolution No. 2021- , the General Plan Land Use
designation of the Property will change from RM 18 du/ac (Multiple Residential) to P1
0.49 FAR (Private Institutions) such that a revision to the zoning designation from RM
2420/3100 (Multiple Residential) to PI 0.49 FAR (Private Institutions) will ensure
consistency between the General Plan and Title 20 (Planning and Zoning) of the NBMC.
17-17
Ordinance No. 2021 -
Page 3 of 4
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: 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 6: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment), Section 15060(c)(3) (the activity is not a
project as defined in Section 15378) because it has no potential for resulting in physical
change to the environment, directly or indirectly; and Section 15061(b)(3) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it
can be seen with certainty that there is no possibility that this activity will have a
significant effect on the environment.
Section 7: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 8: 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.
17-18
Ordinance No. 2421 -
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 28th day of September, 2021, and adopted on the 12th day
of October, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AA N C. HARP, CITY ATTORNEY
Attachment: Exhibit A - Zoning Map Amendment
17-19
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CA2021-003 (PA2021-068)
Zoning Code Amendment
1499 Monrovia Ave
N&m4"
X E W P O H T B E A C H
City of Newport Beach
GIS Division
August 1 d, 2021
17-20
Attachment C
Planning Commission Resolution No. 2021-025
17-21
RESOLUTION 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).
17-22
Planning Commission Resolution No. PC2021-025
Paae 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.
17-23
Planning Commission Resolution No. PC2021-025
Paae 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
17-24
Planning Commission Resolution No. PC2021-025
Paae 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 PI 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 PI 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 19TH DAY OF AUGUST, 2021.
AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene and Weigand
NOES: Ellmore
ABSTAIN:
ORCF-:nIT-
Curtis Ellmore, Secretary
17-25
Attachment D
Planning Commission minute excerpts, dated August 19, 2021
17-26
Planning Commission Regular Meeting Minutes
August 19, 2021
ITEM NO. 5 PACIFICA CHRISTIAN GENERAL PLAN AND ZONING CODE AMENDMENTS (PA2021-068)
Site Location: 1499 Monrovia Avenue
Summary:
Amendments to the General Plan and Zoning Code to change the land use designation from Multiple Unit
Residential (RM 18 DU/AC) to Private Institution (P10.49 FAR); and change the zoning district designation
from Multiple Unit Residential (RM 2420/3100) to Private Institution (P10.49 FAR). The amendments were
initiated by the property owner who seeks to utilize the existing office building as a private high school,
subject to a future use permit.
Recommended Action:
1. Conduct a public hearing;
2. Find this project not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
it has no potential for resulting in physical change to the environment, directly or indirectly; and
3. Adopt Resolution No. PC2021-025 recommending the City Council approve General Plan Amendment
No. GP2021-002 and Code Amendment No. CA2021-003.
Associate Planner Chelsea Crager reported the application before the Commission is an amendment to the General
Plan land use designation and zoning district and it does not include a use permit. The existing use is an office
building, which Pacifica Christian is using as office space and renovating. A Private Institution (PI) General Plan
land use designation and zoning district allows for the continued office use and consideration of a use permit in the
future. Pacifica Christian High School is currently operating in the West Newport Community Center. Parcels zoned
for residential, public facilities, medical office, commercial, and open space surround the project site. The existing
office building was constructed in the 1950s, and the parcel was annexed into the City in 1979 and zoned
manufacturing.
Associate Planner Crager further indicates the 2006 General Plan Update changed the General Plan land use
designation to multi -unit residential. A 2008 ordinance established an abatement period for nonconforming,
nonresidential uses located in residential zones. The zoning district for the property was changed to multi -unit
residential in the 2010 Zoning Code Update, at which time the existing office building became nonconforming and
subject to abatement. In 2012, a Hearing Officer extended the abatement period to February 1, 2022. Pacifica
Christian began operating at 883 West 15th Street in 2014 and began using 1499 Monrovia for offsite parking in
2017. The proposed floor area ratio (FAR) of 0.49 allows a future addition of approximately 1,000 square feet. Use
of the subject site as a school requires a use permit. A Charter Section 423 analysis concludes that a vote by the
electorate is not required. The Housing Crisis Act of 2019 (SB 330) prohibits a reduction in residential capacity
without a concurrent increase elsewhere. The project will reduce residential capacity by 14 units, which is offset by
an increase of 28 units at the Residences at Newport Center. Approval of these two projects concurrently would
fulfill SB 330 requirements.
In answer to Commissioner Weigand's queries, Deputy Community Development Director Campbell advised that
the Coastline College site was designated for residential use in the 2006 General Plan Update. Coastline College,
as a state agency, is exempt from local zoning requirements and built a facility on the site after 2006. At the
appropriate time, the site designation will be changed to match the existing use. Associate Planner Crager added
that use of the roadway through the parking lot for parking for the subject property has been authorized.
In reply to Secretary Ellmore's inquiry, Deputy Community Development Director Campbell stated action on the Pacifica
Christian application is not possible without action on the Residences at Newport Center project in order to maintain
consistency with SB 330. Both projects will be presented concurrently to the City Council.
Commissioner Rosene and Vice Chair Kleiman disclosed communication with the applicant's representative.
Commissioners Klaustermeier and Koetting, and Secretary Ellmore disclosed no ex parte communications. Chair
Lowrey disclosed communications with school staff and a school trustee. Commissioner Weigand disclosed a meeting
and tour with the head of school.
Chair Lowrey opened the public hearing.
7 of 9
17-27
VIII
Planning Commission Regular Meeting Minutes
August 19, 2021
Shawna Schaffner, applicant representative, indicated the building contains approximately 17,000 square feet over two
stories, and the parcel contains approximately 35,000 square feet. The applicant was prevented from previously
applying for a General Plan Amendment due to the provisions of Measure S. A residential use has never been located
on the property, and the property is not designated an opportunity site in the Housing Element. The applicant hand
delivered letters to 75 neighbors and received direct communication from 15 neighbors. Additional outreach will be
conducted prior to submission of an application for a use permit.
In answer to Vice Chair Kleiman's query, Ms. Schaffner related that construction is underway to bring the building up to
current code requirements and to improve the building's functionality for a school. If a future use permit application is
approved, student -centered services and learning would be moved to this location.
Jim Mosher noted that the application would eliminate a potential housing site when the City is searching for potential
housing sites. He questioned whether the potential number of dwelling units on the site was 11 or 14 and whether a PI
designation allows any type of office or an office related to a private institution.
Seeing no one else wishing to speak, Chair Lowrey closed the public hearing.
At Vice Chair Kleiman's request, Assistant City Attorney Summerhill reported there is a critical SB 330 issue. Staff
believes a CEQA categorical exemption for the project is justifiable and appropriate. The project can move forward.
Motion made by Commissioner Kleiman and seconded by Chair Lowrey to approve the staff recommendation.
In answer to Commissioner Koetting's question, Deputy Community Development Director Campbell advised that
Ms. Kraus' concerns appear to pertain to the future operation of the school, which is not before the Commission.
The concerns will be considered when a use permit application is reviewed should the subject application be
approved.
AYES: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES: Ellmore
RECUSED:
ABSENT:
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION
None
ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA.
Deputy Community Development Director Campbell reported the City Council approved the 2510 West Coast Highway
project as revised subsequent to the Planning Commission's review, and an appeal of the decision was filed with the
Coastal Commission. On August 13, 2021, the Coastal Commission held a hearing on the Superior Avenue Pedestrian
and Bicycle Bridge, found no substantial issue with the appeal, and approved an amendment to the Sunset Ridge Park
component of the project. The agenda for the September 9, 2021, Planning Commission meeting includes a study
session on accessory dwelling units, the medical office project on Bristol, and a Development Agreement amendment
for Hoag Hospital.
In reply to Commissioner Koetting's question, Deputy Community Development Director Campbell advised that the
quotes attributed to him in various media pertained to his statements regarding a plan for Mariner's Mile. Staff is not
working on any type of comprehensive or new plan for Mariner's Mile.
8 of 9
17-28
Attachment E
Planning Commission staff report with attachments, dated August 19, 2021
17-29
PQR CITY OF NEWPORT BEACH
3 n PLANNING COMMISSION STAFF REPORT
r August 19, 2021
cRF�R�P Agenda Item No. 5
SUBJECT: Pacifica Christian General Plan and Zoning Code Amendments
(PA2021-068)
■ Code Amendment No. CA2021-003
■ General Plan Amendment No. GP2021-002
SITE LOCATION: 1499 Monrovia Avenue
APPLICANT: Pacifica Christian High School
OWNER: Pacifica Christian High School
PLANNER: Chelsea Crager, Associate Planner
949-644-3227 or ccrager@newportbeachca.gov
PROJECT SUMMARY
Amendments to the General Plan and Zoning Map to change the land use designation
from Multiple Unit Residential (RM 18 DU/AC) to Private Institution (PI 0.49 FAR); and
change the zoning district designation from Multiple Unit Residential (RM 2420/3100) to
Private Institution (PI 0.49 FAR). The amendments were initiated by the property owner
who seeks to utilize the existing office building as a private high school, subject to a future
use permit. The property is currently developed with an office building.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly; and
3) Adopt Resolution No. PC2021-025 (Attachment No. PC 1) recommending the City
Council approve General Plan Amendment No. GP2021-002 and Code Amendment
No. CA2021-003.
1 17-30
2
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 2
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LOCATION GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
Multiple Residential (RM)11
Multiple Residential (RM)
Office Building
NORTH
RM
RM
Coastline College
SOUTH
RM
Newport Crest (PC 14)
Newport Crest Condominiums
EAST
RM
RM
Multi -Family Residential
WEST
Open Space/Recreational
Banning Newport Ranch
Banning Ranch
Village (OS/RV)
(PC 25)
3 17-32
4
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 3
INTRODUCTION
Project Setting
The 1499 Monrovia Avenue site is a triangular shaped property located on the west side
of Monrovia Avenue in the West Newport Mesa area of the City. The property is
developed with a two-story, approximately 17,000 -square -foot office building originally
constructed under Orange County's jurisdiction in 1957 and currently undergoing a
substantial remodel. The property has a land area of approximately 34,961 square feet.
The intensity on the site measured in floor area is approximately 0.49 FAR (floor area
ratio). The site is currently utilized for administrative offices and offsite parking for Pacifica
Christian High School, which operates a high school campus at 883 West 15th Street.
Vehicular access to 1499 Monrovia is via a driveway off Monrovia Avenue and from City -
owned land north of the property. The City -owned land is reserved for a future extension
of 15th Street to the Banning Ranch property. Due to the use and number of parking
spaces on the subject property, it is nonconforming with the existing General Plan (RM
18 DU/AC) and Zoning Code (RM 2420/3100) designations and regulations.
Project Description
The project includes amendments to the General Plan and Zoning Map to change the
land use designation from Multiple Unit Residential (RM 18 DU/AC) to Private Institution
(PI 0.49 FAR); and change the zoning district designation from Multiple Unit Residential
(RM 2420/3100) to Private Institution (PI 0.49 FAR). The property owner seeks to utilize
the existing office building as a private high school, which would be subject to future
consideration of a use permit.
Background
The West Newport Mesa area of the City, more specifically known as the County Triangle,
was annexed to the City of Newport Beach on October 7, 1979, pursuant to Resolution
No. 9647. With annexation into the City, the 1499 Monrovia Avenue property became
zoned Manufacturing (M -1-A).
On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006-76
approving a comprehensive update to the Newport Beach 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).
On January 8, 2008, the City Council adopted Ordinance No. 2008-5, which in addition to
other Zoning Code changes, established the maximum time period for the abatement and
termination of nonconforming commercial uses in residential districts. The existing office
building did not officially become a nonconforming use until finalization of the City's update
of the Zoning Code in late 2010.
5 17-34
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 4
On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the 2006 General Plan Update. The manufacturing zoning designation of the
subject property was changed from Manufacturing (M -1-A) to Multi -Unit Residential (RM
2420/3100) to match the Land Use Element. Since the use of the subject property was an
office use in a residential zone, it was subject to abatement in accordance with Ordinance
No. 2008-05.
On February 1, 2012, a Hearing Officer for the City of Newport Beach approved an
abatement extension for the property, which allows the continued operation of the 1499
Monrovia property as a commercial use for 10 years from the date of the Hearing Officer's
approval. The abatement period was extended to February 1, 2022.
On August 14, 2014, the Zoning Administrator authorized Pacifica Christian ("Applicant") to
operate a private high school at 883 West 15th Street. 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 project site,
1499 Monrovia Avenue, after the applicant purchased the property. On September 18, 2020,
the Community Development Director authorized off-site parking at 1515 Monrovia Avenue
(Coastline Community College) as a substitute for off-site parking at 1499 Monrovia Avenue.
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan and Zoning Code are legislative acts.
Neither City nor State Planning Law sets forth specific required findings for approval or
denial of such amendments. However, when making a recommendation to the City
Council, the Planning Commission should consider applicable policies and development
standards to ensure internal consistency.
Approval of these amendments would allow the applicant to utilize the subject site as
administrative offices beyond the current abatement period. Additionally, project approval
would allow the processing of a use permit to consider a private high school, in
accordance with the standards of the proposed zoning district (PI 0.49 FAR) and with the
proposed General Plan land use designation (PI 0.49 FAR). The proposed FAR of 0.49
would allow an addition of approximately 1,000 square feet to the existing building,
affording flexibility for modest growth to current and future tenants and property owners.
General Plan
The subject property is located within the West Newport Mesa area of Newport Beach. In
considering the proposed General Plan Amendment, the Planning Commission should
consider the following statements, goals, and policies of the General Plan and whether
0 17-35
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 5
the proposal is in the best interest of the City. The General Plan Land Use Element
describes the West Newport Mesa as an area that:
"Contains a mix of residential, office, retail, industrial, and public uses. Development
in the area dates back to the mid -twentieth century. Retail commercial uses serve
medical purposes, as well as nearby residents. The majority of properties between the
industrial uses and medical center are developed with multi -family uses, including a
few mobile home parks. These are interspersed with a school and other civic uses.
The area's considerable mix of uses is not always complementary, nor at its edges
where it abuts residential neighborhoods and other uses."
rnal l 1/ .3
A development pattern that retains and complements the City's residential
neighborhoods, commercial and industrial districts, open spaces, and natural
environment.
Policy LU 3.3 (Opportunities for Change)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Policies 6.3.1 through
6.22.7:
1...j
West Newport Mesa: re -use of underperforming commercial and industrial
properties for offices and other uses that support Hoag Hospital's medical activities,
improvement of remaining industrial properties adjoining the City of Costa Mesa,
accommodation of nonwatery marine -related industries, and development of
residential in proximity to jobs and services
The property is adjacent to and in close proximity to residential uses. The Private
Institutions land use designation and zoning district will allow for uses that will serve these
nearby residential uses, such as a future private school. Schools are typically found in
proximity to residential uses and are generally compatible. Specific school operations are
not the subject of the subject application and will be considered with a future use permit
application. The proposed amendments do not include a cap on enrollment and that
would also be subject to a future use permit.
Policy LU 5.6.1 (Compatible Development)
"Require that buildings and properties be designed to ensure compatibility within and
as interfaces between neighborhoods, districts, and corridors."
Staff believes that the current office building and uses allowed by the PI land use
designation are compatible with the multi -unit residential uses and other uses in the
neighboring area. The original building on the property was constructed as an office
7 17-36
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 6
building in 1957, and the property has been in continuous use as a nonresidential use
since that time. There is no history of land use incompatibility with these surrounding
residential uses. Staff also believes the future operation of a private school could be
compatible subject to operational standards and conditions applied through a future use
permit.
The proposed Private Institution (PI 0.49 FAR) designation is intended to provide for
privately owned facilities that serve the public, including places for religious assembly,
private schools, health care, cultural institutions, museums, yacht clubs, congregate
homes, and comparable facilities, with a maximum floor area to land area ratio (FAR) of
0.49. The gross floor area of the existing building (16,168 square feet) is consistent with
the proposed 0.49 FAR (17,130 square feet) limitation allowed and the future intended
use as a private school would be consistent with the proposed Private Institution land use
category and zoning.
Housing Crisis Act of 2019 (Senate Bill 330)
The Housing Crisis Act of 2019, commonly known as SB 330, made numerous changes
to State law including adding Government Code Section 66300. SB 330 restricts the City
from adopting land use or zoning amendments that would result in the reduction of
allowed residential density or intensity without concurrently amending the General Plan
land use designation or zoning of other parcels within the City to ensure no net loss in
residential capacity. Approval of the General Plan amendment and Zoning Code
amendment would decrease residential capacity at the subject property by 11 potential
units, based on the Multiple Unit Residential (RM 2420/3100) zoning designation. Should
the City wish to approve the subject application and be in compliance with Government
Code Section 66300, the City would need to amend the General Plan land use
designation or zoning of other parcels to increase residential density equal to or more
than the 11 potential units lost. The Residences at Newport Center (PA2020-020) is a
residential development project that includes a General Plan amendment and Code
amendment to allow 28 residential dwelling units, where no residential uses were
previously allowed at that site. If the two projects are approved concurrently (at the same
meeting), the approval of the subject project would be consistent with Government Code
Section 66300. If both projects are recommended for approval, staff will schedule them
for City Council consideration at the same meeting.
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be
prepared to establish whether a proposed General Plan amendment (if approved)
requires a vote by the electorate. The proposed amendment is analyzed with 80 percent
of the increases in traffic, dwelling units and non-residential floor area created by previous
General Plan amendments (approved within the preceding 10 years) within the same
statistical area. The proposed amendment and one prior amendment previously approved
g 17-37
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 7
within this statistical area within the previous 10 years' are provided below in Table 1.
The following thresholds are applicable: 100 dwelling units, 100 a.m. peak hour trips, 100
p.m. peak hour trips, or 40,000 square feet of non-residential floor area. If any of the
thresholds are exceeded and the City Council approves the requested General Plan
Amendment, the Amendment would be classified as a "major amendment" and be subject
to voter consideration. Approved amendments, other than those approved by the
electorate, are tracked for 10 years and factored into the analysis of future amendments
as indicated.
The subject project site is located within Statistical Area A2 of the General Plan Land Use
Element and would result in an increase of 17,000 square feet of non-residential floor
area. Based on the trip generation rates contained in the Council Policy A-18 (Commercial
rate), the proposed project is forecast to generate an additional 49 a.m. peak hour trips
and 10 p.m. peak hour trips. The number of dwelling units would be reduced by 14,
resulting in no total change in the "Increase in Allowed Dwelling Units" category.
Table 1, below, summarizes the increase in allowed floor area, peak hour traffic (a.m. and
p.m.) and reduction in the number of dwelling units created by the proposed amendment
with the PI designation at 0.49 FAR. The increases indicated in the table are based upon
the City taking action on each amendment request separately and sequentially, where
only 80 percent of the changes for each approved amendment are added to the changes
for each following amendment. As indicated, none of the four thresholds would be
exceeded, and therefore, a vote pursuant to Charter Section 423 is not required. If the
proposed General Plan Amendment is approved by the City Council, the Amendment will
become a prior amendment and 80 percent of the increases will be tracked for 10 years
for any proposed future amendments. A more detailed analysis is attached (Attachment
No. PC 2).
[THIS SPACE INTENTIONALLY LEFT BLANK]
Table 1 does not include two amendments (PA2011-082 and PA2011-105) approved within the past 10
years because they will not be tracked after September 13, 2021, and approval of the proposed amendment
would occur after that date.
9 17-38
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 8
Table 1: Charter Section 423 Analysis Summary
Statistical Area A2
Increase in
Increase in
Increase in
Increase in
Allowed
a.m. Peak Hour
p.m. Peak Hour
Allowed
Floor Area
Trips
Trips
Dwelling Units
Proposed
GP2021-002
17,000 sq. ft. 49
10
0
1499 Monrovia Ave.
Prior Amendment (80%)
GP2011-007
1419 Superior Ave.
5331.2 sq. ft.
14.4
19.2
0
(PA2011-138)
TOTALS
22,331.2 sq. ft.
63.4
29.2
0
___]J
I Section 423
40,000 sq. ft.
100
100
100
Thresholds
Exceeds Thresholds
No
No
No
No
to require a vote
Zoning Code
The Private Institutions (PI) Zoning District is intended to provide for areas appropriate
for privately owned facilities that serve the public, including placed for assembly/meeting
facilities (e.g., religious assembly), congregate care homes, cultural institutions, health
care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities.
The proposed PI 0.49 district would allow development of projects with a maximum floor
area ratio (FAR) of 0.49.
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and the Zoning
Code designation is critical to ensure orderly development and enforcement. Under the
existing RM (2420/3100) zoning designation, the subject property could be developed
with a maximum of 11 dwelling units and would require a total of 28 parking spaces.
The primary purpose of the requested amendment is to consider future use of the existing
office building as a private school, which would require discretionary approval through a
use permit, and would likely include conditions of approval. The existing office building
serving the existing private school would be allowed without abatement. Future new
development would require conformance with applicable Private Institutions (PI 0.49
FAR) Zoning District development and parking standards. Approval of the amendments
would allow other uses permitted within the Private Institutions (PI) Zoning District.
10 17-39
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 9
Fiscal Analysis
The City's consultant has prepared an independent fiscal impact model (Attachment No.
PC 3) in accordance with General Plan Implementation Policies 12.1 and 12.2. The fiscal
analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost
impacts of the proposed project. This model was initially developed in support of the
General Plan Update, which was adopted in 2006. The model has been updated to reflect
FY 2021-2022 costs and revenues from the Proposed Newport Beach City Budget.
The fiscal impact model calculates the average cost of public services required by new
development. It also calculates the public revenues that each type of land use typically
generates for the City, including property taxes, sales taxes and other taxes as well as a
variety of user charges and fees. The fiscal analysis evaluates the proposed project as
well as a no project alternative.
According to the fiscal analysis, the proposed private institutions of the site would
generate a generally neutral effect on the City finances. The no project alternative
involving no change to the General Plan or Zoning designation for the subject property
also generates a generally neutral effect on the City finances.
SB 18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, 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 10 tribe contacts should be provided notice regarding the
proposed project. The appropriate tribe contacts supplied by the NAHC were provided
notice on June 16, 2021. Section 65352.3 of the California Government Code requires 90
days to allow tribe contacts to respond to the request to consult unless the tribe contacts
mutually agree to a shorter time period. To date, the City has received one response from
Gabrieleno Band of Mission Indians — Kizh Nation, stating no issues with the project as
proposed.
Summary
The applicant has requested the amendments to allow retention of the existing office
building and future consideration of the building to be used as a private high school,
subject to a future use permit. The building was constructed in 1957 and the office use
was a permitted use, and, at that time, consistent with the provisions of the zoning code
of the County of Orange. The subject property is located within the County Triangle which
was annexed in October 1979. The building has never been utilized for residential uses.
Staff believes that requiring abatement of the uses, at this time, would be contrary to the
11 17-40
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 10
General Plan policies, as stated above. Future development consistent with the PI 0.49
FAR designation would not conflict with the General Plan. Staff does not foresee any
adverse environmental impacts with continued use or redevelopment. The approval of
the General Plan Amendment to the PI 0.49 FAR designation does not necessitate a vote
of the electorate, as required by Section 423 of the City Charter.
Since the 2006 General Plan Update that designated the site for residential uses, staff
has discussed residential use of the triangular property with several builders over the
years. No application was ever filed and the small size of the property, modest density
allowed (18 du/ac), its shape, and the future extension of 15'" Street were cited as reasons
not to pursue a project. For these reasons, staff believes maintaining the existing
residential designations is not necessary even in the light of the existing housing crisis.
Through the Housing Element update and future Land Use Element and Zoning updates,
the City will be able to identify sufficient sites to accommodate our unmet Regional
Housing Needs Assessment allocation.
Alternatives
Alternatives to the recommended amendments could include disapproval of the request
and retention of the existing General Plan and Zoning designations of Multi -Unit
Residential. It should be noted that such an action would require abatement of the existing
nonresidential use by February 1, 2022, in accordance with the provisions of Zoning Code
Section 20.38.100, and the abatement period extension granted by the Hearing Officer
on February 1, 2012.
Environmental Review
This General Plan Amendment and Code Amendment action is not subject to the
California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment, directly
or indirectly.
This action is further covered by the general rule that CEQA applies only to projects that
have the potential for causing a significant effect on the environment (Section 15061(b)3
of the State CEQA Guidelines). It can be seen with certainty that there is no possibility
that this activity will have a significant effect on the environment. Therefore, this activity
is not subject to CEQA.
It can be seen with certainty that there is no possibility that the approved General Plan
Amendment and Code Amendment will have a significant effect on the environment
because the property is currently developed with an office building and no additional
development is contemplated as a part of this General Plan Amendment and Code
Amendment. There is no expansion of use or intensification beyond the existing office
12 17-41
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Planning Commission, August 19, 2021
Page 11
use, rather the Amendments will allow the possibility of the existing office building to be
reutilized to a private institution use.
The subject 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
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.
Prepared by:
Chelsea Crager
Associate Planner
ATTACHMENTS
Submitted by:
Jim Campbell
Deputy Community Development Director
PC 1 Draft Resolution with Findings
PC 2 Charter Section 423 Analysis Table
PC 3 Fiscal Analysis
:\Users\ccrager\Downloads\Staff Report Master Template.docx0l/12/18
i3 17-42
14
Attachment No. PC 1
Draft Resolution with Findings
115 17-44
10
RESOLUTION 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).
1-7 17-46
Planning Commission Resolution No. PC2021-025
Paae 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.
1 g 17-47
Planning Commission Resolution No. PC2021-025
Paae 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
1-9 17-48
Planning Commission Resolution No. PC2021-025
Paae 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 PI 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 PI 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 19TH DAY OF AUGUST, 2021.
AYES-
NOES-
ABSTAIN
YES:NOES:ABSTAIN
ABSENT:
BY:
Lee Lowrey, Chairman
Curtis Ellmore, Secretary
20 17-49
Attachment No. PC 2
Charter Section 423 Analysis Table
21 17-50
22
Charter Section 423 Tracking
Statistical Area A2
Post 2006 General Plan Amendments
Land Use Element
August 2021
Project Name
Address
Date
Approved
Project/GPA
Number
Amendment
Description
Square Footage
Change
Dwelling Unit
Change
AM Peak Hour
trip Change*
PM Peak Hour
Trip Change*
1499 Monrovia
After
09/13/2021
RM (18 DU/Acre) to PI
(17,000 SF)
17,000
(14)
20/49
18/10
Dr. Morgan Property
Amendments
1419 Superior Avenue
2-14-2012
PA2011-138
GP2011-007
RM (18 DU/Acres) to CO-
M (0.49)
6,689
(5)
18
24
nn,.nry Ayet. ,e 1530
9-1-3-2011
nn�n�no5�
GP20ii 006
onn !� Q ni i/n � + it
T�7
�^�
{�A}
16
-14
Menrey*Avenue 9537
1537 nnnnrn ., nnn��n
.,
9 1v-13 2011
on7n�97
GWO11 005
onn (18 DU/A Fe) to IG
/ 5n�
Tn�7
16,790
C�-3-)
7
41
100% Totals
23,689
0
38/67
42/34
80% Totals
18,951.2
0
30.4/39.2
33.6/27.2
Remaining Capacity Without
Vote
21,048.8
100
69.6/60.8
66.4/72.8
Peak hour trip generation RM credit: 230 Residential Condominium/Townhouse (0.44AM/0.54PM) per DU
Peak hour trip generation: PI blended (1.5AM/1.5PM) per 1000 GFA or 530 High School (3.22AM/1.02PM) per 1000 GFA
*rounded to next whole number
2S 17-52
24
Attachment No. PC 3
Fiscal Analysis
215 17-54
20
MEMO
TO: Chelsea Crager, Associate Planner
City of Newport Beach
FROM: Doug Svensson, AICP
DATE: July 30, 2021
SUBJECT: Fiscal Analysis for 1499 Monrovia Avenue GPA
INTRODUCTION
The fiscal analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost
impacts of the proposed project. This model was initially developed in support of the General Plan
Update, which was adopted in 2006.1 The model has been updated to reflect Fiscal Year 2021-2022
costs and revenues from the Proposed Newport Beach City Budget. The fiscal impact model calculates
public service impacts for specific land uses that support the residential population, the employment
base and the visitor population in Newport Beach. It also calculates the public revenues that each type
of land use typically generates for the City, including property taxes, sales taxes and other taxes as
well as a variety of user charges and fees.
The fiscal impact model is designed to calculate the average cost of public services required by new
development, on the assumption that new development affects City services in approximately the
same way that existing development does. The model nets out certain costs that are unlikely to
change with expansion of City government, such as the number of City Department Directors and
Division managers, as well as the City Council and City Clerk expenditures, but otherwise assumes
that City administrative support and overhead tends to increase as City government activities grow to
provide services to an expanding population and employment base. Over the long term, this is clearly
the dynamic that local governments experience. In the short term, development projects may have
lower or higher cost impacts depending on the existing capacity of City services to accommodate more
1 A technical description of the fiscal impact model may be found in: Applied Development Economics, Fiscal Impact
Analysis and Model, Newport Beach General Plan Update, January 2004.
3527 Mt. Diablo Blvd. #248, Lafayette, CA 94549 ■ Tel 925.934.8712
www.adeusa.com
27 17-56
development, and the level of expenditure needed to expand services incrementally if existing
capacity is not available.
PROJECT DESCRIPTION
THE PROPOSED PROJECT
The proposed project would change the General Plan designation, Zoning and Existing Use Permit for
1499 Monrovia Avenue to accommodate the expansion of the Pacifica Christian High School. The
school owns the subject site, which is currently developed with a two story office building and 50
surface parking spaces. Under the General Plan, the site carries a Multiple Residential land use
designation (RM 18 DU/AC), and would be permitted to support 14 dwelling units. The proposed
amendment would change the land use designation to Private Institution (PI).
The existing office building on the site is 17,000 sq. ft.; however, it is undergoing renovations and will
be 22,603 sq. ft. at completion. The school currently operates at a nearby location on W. 15th St. with
a maximum of 180 students and 18 employees. The proposed use permit amendment requests to
expand the school to also operate at 1499 Monrovia Avenue with a maximum enrollment of 305
students and 35 employees between the two campuses.
PROJECT ALTERNATIVES
The fiscal analysis analyzes the current General Plan designation as well as the proposed amendment.
No Project: Multiple Unit Residential (RM). The Multiple Unit Residential (RM) Alternative
evaluates redevelopment of the project site with a multi -family residential building that offers 14
condominiums at market -rate ownership levels. The average household size in Newport Beach is 2.19
persons, and the RM Alternative would be expected to house 31 residents.
FISCAL IMPACTS
The first part of the discussion addresses the property tax and sales tax generation for the project and
the alternative. The discussion concludes then with other revenues and costs and the overall fiscal
impact of the proposed project.
PROPERTY TAX
The school bought the 1499 Monrovia site in 2017 and the assessed value is currently $7,126,740, of
which $5,045,940 is for land and $2,080,800 is for the improvements. With the expansion of the office
building, we estimate the improvements value will increase by 33 percent, for a total assessed value
at completion of $7.78 million.
The assessed value for the RM Alternative has been derived from analysis of condominium sales in the
same zip code as the project site (92663) over the past two years, June 2019 - June 2021. During
that time, there were 286 condominium sales in that zip code, with an average unit size of 1,490 sq.
ft. and an average price of $1,281,600, or about $860 per sq. ft. At the average price of $1.28
million, the 14 units under the RM Alternative would create a total assessed value of $17,939,600.
Applied Development Economics I Page 2
22 17-57
In this Tax Rate Area (TRA), the City receives about 16.09 percent of the ad valorem property tax
(one percent of assessed value). The proposed project would generate $12,573 for the City general
fund while the RM alternative would generate $28,872 in property tax. The City also receives property
tax in lieu of vehicle license fees, which amount to a little over ten percent of the base property tax.
This would add $1,273 from the proposed project and $2,923 from the RM Alternative.
SALES TAX
ADE did not attempt to estimate sales taxes that the school may generate, although it could be
expected that purchase of school supplies for students and maintenance supplies for the school would
generate some sales taxes in Newport Beach.
For the residential units, the analysis uses the residential unit values to estimate household income
and taxable retail spending. For purposes of the analysis, ADE assumed buyers would put 30 percent
down. Assuming the rest of the purchase price is financed for 30 years at 3 percent per year, the
monthly payments would average $3,782. We assume that monthly housing cost comprises 30
percent of household income, resulting in household incomes of about $151,300 per year. ADE has
analyzed consumer expenditure surveys published by the Bureau of Labor Statistics, and at these
income levels, households typically spend less about 28.5 percent of their income on retail goods. Of
those expenditures, about 87 percent are taxable items (non-food). We have assumed for purposes of
these calculations that households would spend two-thirds of their annual retail budget in Newport
Beach, and the remaining one-third would be spent at retail centers in other cities or on out-of-town
trips. The City receives sales tax at the rate of one percent of taxable sales. The resulting calculations
indicate that the 14 households would generate a total of $3,526 in sales taxes per year for the City.
TOTAL FISCAL IMPACTS
The analysis, summarized in Table 1 below, estimates the fiscal impact of the proposed project and
the existing residential designation for the site. As a private institutional use, the proposed project
does not generate a lot of City revenue other than the property tax. However, the school also would
not create high demand for City services. Based on the service demand factors developed for the
Newport Beach Fiscal Impact model, the school would have minimal impact on police and fire
protection services and would also have relatively low impact on traffic and related street
maintenance.
In contrast, the RM alternative would generate higher amounts of property tax as well as some sales
taxes for the City, but the 31 full time residents would also be expected to exert higher demand for
City services. The net impact of the RM Alternative is lower than for the proposed project at $100 per
year compared to $560 per year.
Both of these dollar amounts are low and it would be appropriate to conclude that either use would
essentially have a neutral effect on City finances, with the proposed Private Institutional use slightly
better than the existing General Plan residential land use.
Applied Development Economics I Page 3
�� 17-58
TABLE 1: FISCAL IMPACT OF PROPOSED PROJECT
ALTERNATIVE
Annual Costs and
Budget Category
Revenues
Proposed
RM
Project
Residential
GENERALFUND
Property Tax
$12,573
$28,872
Property Tax in lieu of Vehicle License Fees
$1,273
$2,923
Sales Tax
$0
$3,526
Transient Occupancy Tax
$0
$0
Franchise Fees
$541
$648
Business Licenses
$0
$215
Other Intergovernmental
$0
$293
Charges for Service
$1,256
$2,316
Fines, Penalties, and Forfeitures
$297
$547
Licenses and Permits
$17
$31
Use of Property
$297
$547
Other Revenue
$314
$578
Interest Income
79
193
SUBTOTAL GENERAL FUND
$16,647
$40,691
GAS TAX
$0
$1,426
MEASURE M
$0
$442
SUBTOTAL OTHER FUNDS
$0
$1,868
TOTAL REVENUE
$16,647
$42,559
GENERALFUND
General Government
$1,294
$3,493
Police
$4,236
$10,892
Fire
$5,260
$10,279
Public Works
$4,026
$7,422
Community Development
$279
$514
Community Services
$0
$8,163
CIP Projects
663
$1,222
SUBTOTAL GENERAL FUND
$15,758
$41,985
GAS TAX
$330
$308
MEASURE M
$0
$166
SUBTOTAL OTHER FUNDS
$330
$474
TOTAL EXPENDITURES
$16,087
$42,458
NET (COST)/REVENUE
$560
$100
Source: ADE, Inc.
Applied Development Economics I Page 4
so 17-59
Memorandum
Planning Commission - August 19, 2021
Item No. 5a - Additional Materials Received from Staff
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
To: Planning Commissioners
From: Chelsea Crager, Associate Planner
Date: August 16, 2021
Re: Pacifica Christian General Plan and Zoning Code Amendments
(PA2021-068)
The draft resolution with findings for the Pacifica Christian General Plan and
Zoning Code Amendments (PA2021-068) were unintentionally distributed without
the attached exhibits showing the proposed revisions to the General Plan and
Zoning maps. The map exhibits are attached below.
Attachments: Zoning Code Amendment No. CA2021-003 Map
General Plan Amendment No. GP2021-002 Map
Planning Commission - August 19, 2021
Item No. 5a - Additional Materials Received from Staff
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17-61
Planning Commission - August 19, 2021
Item No. 5a - Additional Materials Received from Staff
Pacifica Christian General Plan and Zoning Code Amendments PA2021-068
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Planning Commission - August 19, 2021
Item No. 5b - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Dorothy Kraus
To: Plannina Commissioners
Cc: "Thomas Schottmiller"; Avery, Brad
Subject: Pacifica Christian High School, General Plan and Zoning Code Amendments - Item 5, PC Mtg 8-19-2021
Date: Saturday, August 14, 20217:33:56 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chair Lowrey and Planning Commissioners,
We are residents of Newport Crest condominiums that are directly next to
the building project being completed by the Pacifica Christian high school
at 1499 Monrovia. Our thoughts presented here represent not only ours,
but also our neighbors. We've also made a presentation to the Newport
Crest Board of Directors on August 10, 2021. They share our concerns.
During the process of the construction the noise, dust and dirt have made
our ability to have any type of quality -of -life nil from Monday -Saturday,
7:00 am till 3:30 pm. A typical day consists of morning coffee, then trying
to be away from the residence for the balance of the day. If you are home
during the day, you need to close your windows in an effort to reduce the
noise. Most of our neighbors do not have air conditioning.
We share this background to help illuminate what residents have endured,
but more importantly it has caused our residents to be hypersensitive to
what the quality of life will be once the construction is finished and the
building is occupied. Pacifica's enrollment is currently 185. The enrollment
will increase to 300 students once the new building is fully operational as a
high school.
We understand that the subject of Pacifica's request to change the land
use at 1499 Monrovia from Multiple Unit Residential (RM) to Private
Institution (PI) at your meeting on August 19th is not specifically about
this issue, but we believe it is important that we raise the issue now, so
that the residents, school and the city can work together to achieve
reasonable objectives including conditions of use before the last phase of
the project is started.
Our desires are really quite simple and of little cost as compared to the
entire project. We can't change the fact that once the school is occupied
that anyone in that building will be able to look into several units 24/7. But
we do ask that they be good neighbors.
So, what does that mean? First we want to be part of the discussions when
the school and city review the following areas. We offer these specific
areas, but there of course may be other areas we need to discuss.
17-63
Planning Commission - August 19, 2021
Item No. 5b - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
1. Walls. The school needs to construct a wall along the back border of
their property that abuts Newport Crest and the Banning Ranch property.
The wall should be 12 feet high and of a design that reflects the
architecture of the area.
2. Flow of traffic. The flow of traffic should be designed in a way that it is
organized and facilitates quick entry and exit from school to minimize
impact to Newport Crest, such as noise and car fumes. Additionally, our
desire is that Pacifica be a closed campus during school hours so cars
aren't coming and going throughout the day creating impacts to Crest
residences.
3. Lighting. Lighting should be designed so that it shines down vs a type
that shines onto Newport Crest. Window pane material and placement
should be such that reflections during day do not beat down on nearby
Newport Crest residents.
4. Buses. Buses must not leave their engines idling while they are
dropping off students or waiting for students to board. Bus fumes should
not be able to flow into Newport Crest as most residents have their
windows open.
5. Other sound dampening designs. Efforts should be made to do
everything possible to reduce the noise from the school by sound
dampening efforts. In addition to a wall, trees should be planted.
We believe the city should balance the needs of the school with the
quality -of -life issues that Newport Crest has. We believe our requests are
quite reasonable and of minimal costs compared to the overall project.
Unfortunately, we are unable to attend the Planning Commission meeting
on the 19th as we'll be out of state. We do appreciate your consideration of
our concerns.
Sincerely,
Dorothy Kraus and Tom Schottmiller
17-64
Planning Commission - August 19, 2021
Item No. 5c - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Read, Scott
To: Plannina Commissioners
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Date: Tuesday, August 17, 20214:47:21 PM
Attachments: 20210817170210408. odf
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content is safe.
Dear Mr. Lowrey,
Please see the attached letter of support for this proposed change.
Thank you, and please confirm receipt.
Scott Read
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Newmark Knight Frank is neither qualified nor authorized to give legal or tax advice, and any
such advice should be obtained from an appropriate, qualified professional advisor of your
own choosing.
17-65
Planning Commission - August 19, 2021
Item No. 5c - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to allow its
continued use by Pacifica Christian School. Implementing a change in the land use designation to Private
Institution would be a benefit to our educational community that is important to many families and
individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Scott Read
32 Castaways N
Newport Beach, CA 92660
17-66
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Blake Vail
To: Plannina Commissioners
Subject: Letter of Support for Planning Commission
Date: Tuesday, August 17, 20215:43:36 PM
Attachments: Vail Family - Pacifica School Zoning Support Letter.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please see my attached letter of support to be considered as part of the planning commission
hearing re Pacifica Christian School zoning change.
Thanks,
Blake M. Vail
Triad Senior Living, Inc.
311 Kings Road
Newport Beach, CA
Ph. (918) 442-2600
92663
www.triadsl.com
17-67
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Blake and Michel% Vail
3» Kings Road
Newport Beach, CA f663
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I wanted to write and offer our support to the proposed General Plan and Zoning change for the
property at 1499 Monrovia to allow its continued use by Pacifica Christian School. Implementing a
change in the land use designation to Private Institution would be a benefit to our educational
community that is important to many families and individuals. The school has done a great job of
honoring the neighborhood and regularly takes action to make itself a positive influence in this area of
our community.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Blake M. Vail
iii Kings Road
Newport Beach, CA 9663
17-68
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Jana DeMots
To: Plannina Commissioners
Subject: Letter in support of Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Date: Tuesday, August 17, 20216:13:11 PM
Attachments: DeMots Letter of SUODOrt.HEIC
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Attached please find a letter in support of the above -referenced change.
Thank you for your attention.
Jana and Steve
N N N N N N N N N N N N N N N N N N N N N N N N N
Jana and Steve DeMots
17-69
Jana and Steve De]Vlots
416 Plata, Newport Beach, CA 92660
August 17, 2 02 1
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject:
Pacifica Christian High School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey.
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to allow
its continued use by Pacifica Christian High School. Implementing a change in the land use
designation to Private Institution would be a benefit to our educational community that is
important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request
Sin cerely,
ianI
i
eMots
Steve DeMots
.1
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
17-70
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to
allow its continued use by Pacifica Christian School. Implementing a change in land use
designation to Private Institution would be a benefit to our educational community that is
important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Katherine Mull
5010 Neptune Avenue
Newport Beach, CA 92663
17-71
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Lynn Pharris
To: Plannina Commissioners
Subject: Pacifica Christian School General Plan and Zoning change (PA 2021-068)
Date: Tuesday, August 17, 2021 7:59:19 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
August 17, 2021
Lee Lowery, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning change (PA 2021-068)
Dear Mr. Lowery:
We are writing this letter in support of the proposed General Plan and Zoning change for property located at 1499
Monrovia to allow its continued use by Pacifica Christian School. Pacifica Christian School is an excellent
educational institution and should be supported by our city. Allowing the school to continue to utilize the property
in its current capacity and further expand its educational purposes would be an asset to Newport Beach.
Thank you for your consideration and approval of the General Plan and Zoning change at 1499 Monrovia Avenue to
allow Pacifica Christian
School to continue and expand this excellent education institution in our community.
Sincerely,
Gerald and Lynn Pharris
306 Via Lido Nord
Newport Beach, CA 92663
Sent from my iPad
17-72
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Mark Ferdi
To: Plannina Commissioners
Cc: Lowrey. Lee; mark ferdi
Subject: Planning Commission Mtg Materials
Date: Wednesday, August 18, 20219:25:48 AM
Attachments: imaae001.Dna
NB GPA ZC Pacifica 8-18-2021.Ddf
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content is safe.
To Who it May Concern,
Please see attached letter of support for an item to be considered in tomorrow's Planning
Commission meeting (Item #5 on the Public Hearing Agenda).
Thank you all for your service to this fine city!
-Mark
Mark A. Ferdi
Investment Adviser
J. �k �s
Ri;(;i5n;RuI) I\4'I:S`C4F1'ti'I' At)vi,;F•:Ik
1001 Dove Street, Suite 155
Newport Beach, CA 92660
949.752.9096 949.752.0631 fax
www.adla-advisers.com
The preceding email message contains information that is confidential and may constitute non-public information. It is intended to be
conveyed only to the designated recipient(s). If you are not the intended recipient of this message, please immediately notify the
sender. Unauthorized use, dissemination, distribution or reproduction of this message is strictly prohibited and may be unlawful. All
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Corporation Broker Dealer.
17-73
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair Via Email:
Planning Commission planningcommissioners@newportbeachca.gov
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Support for Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I am a 55 year resident of Newport Beach, and providing this letter of support for the Pacific Christian
School General Plan and Zoning change that will be before you at the August 19, 2021 Planning
Commission meeting. The proposed change in land use designation would be a benefit to our
community and bring both zoning parity (and occupancy) for the existing commercial building located on
the property at 1499 Monrovia Avenue.
Your consideration and approval of the General Plana and Zoning change at 1499 Monrovia Avenue is
much appreciated and supported throughout the community.
Sincerely,
Mark A Ferdi
1947 Port Bishop
Newport Beach CA 92660
17-74
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From:
Geoff Moore
To:
Plannina Commissioners
Cc:
Moore Geoff
Subject:
Letter of Support for Pacifica Christian School
Date:
Wednesday, August 18, 2021 10:17:36 AM
Attachments:
PCHS - NBPC Su000rt Letter - GTM 8-17-21.odf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
NB Planning Commissioners: Please find attached my letter of support for the Pacific
Christian School General Plan and Zoning change that will be before you at the August 19,
2021 Planning Commission meeting.
Regards,
Geoffrey Moore
1842 Port Manleigh
Newport Beach, CA 92660
C:949-872-7246
gmoore(cDtavpartners.com
17-75
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I am providing this letter of support for the Pacific Christian School General Plan and Zoning change that
will be before you at the August 19, 2021 Planning Commission meeting. The proposed change in land
use designation would be a benefit to our community and bring zoning parity for the existing
commercial building located on the property at 1499 Monrovia Avenue. As I understand it, the building
is currently being used for school administrative purposes and changing the land use to Private
Institution would allow for continued use without the need for a new or extended zoning abatement.
Your consideration and approval of the General Plan and Zoning change at 1499 Monrovia Avenue is
much appreciated and supported throughout the community.
Sincerely,
Geo y Mre
1842 Port Manleigh
Newport Beach, CA
17-76
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Kelly Callaghan
To: Plannina Commissioners
Subject: Pacifica Christian High School support
Date: Wednesday, August 18, 2021 11:44:41 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
August 18, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-
068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499
Monrovia to allow its continued use by Pacifica Christian School. Implementing
a change in the land -use designation to Private Institution would be a benefit to our
educational community, which is important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Ryan and Kelly Callaghan
2132 Ocean Blvd
Newport Beach, CA 92661
(949) 375-2549
17-77
Attachment F
Public Comments
17-78
Planning Commission - August 19, 2021
Item No. 5b - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Dorothy Kraus
To: Plannina Commissioners
Cc: "Thomas Schottmiller"; Avery, Brad
Subject: Pacifica Christian High School, General Plan and Zoning Code Amendments - Item 5, PC Mtg 8-19-2021
Date: Saturday, August 14, 20217:33:56 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chair Lowrey and Planning Commissioners,
We are residents of Newport Crest condominiums that are directly next to
the building project being completed by the Pacifica Christian high school
at 1499 Monrovia. Our thoughts presented here represent not only ours,
but also our neighbors. We've also made a presentation to the Newport
Crest Board of Directors on August 10, 2021. They share our concerns.
During the process of the construction the noise, dust and dirt have made
our ability to have any type of quality -of -life nil from Monday -Saturday,
7:00 am till 3:30 pm. A typical day consists of morning coffee, then trying
to be away from the residence for the balance of the day. If you are home
during the day, you need to close your windows in an effort to reduce the
noise. Most of our neighbors do not have air conditioning.
We share this background to help illuminate what residents have endured,
but more importantly it has caused our residents to be hypersensitive to
what the quality of life will be once the construction is finished and the
building is occupied. Pacifica's enrollment is currently 185. The enrollment
will increase to 300 students once the new building is fully operational as a
high school.
We understand that the subject of Pacifica's request to change the land
use at 1499 Monrovia from Multiple Unit Residential (RM) to Private
Institution (PI) at your meeting on August 19th is not specifically about
this issue, but we believe it is important that we raise the issue now, so
that the residents, school and the city can work together to achieve
reasonable objectives including conditions of use before the last phase of
the project is started.
Our desires are really quite simple and of little cost as compared to the
entire project. We can't change the fact that once the school is occupied
that anyone in that building will be able to look into several units 24/7. But
we do ask that they be good neighbors.
So, what does that mean? First we want to be part of the discussions when
the school and city review the following areas. We offer these specific
areas, but there of course may be other areas we need to discuss.
17-79
Planning Commission - August 19, 2021
Item No. 5b - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
1. Walls. The school needs to construct a wall along the back border of
their property that abuts Newport Crest and the Banning Ranch property.
The wall should be 12 feet high and of a design that reflects the
architecture of the area.
2. Flow of traffic. The flow of traffic should be designed in a way that it is
organized and facilitates quick entry and exit from school to minimize
impact to Newport Crest, such as noise and car fumes. Additionally, our
desire is that Pacifica be a closed campus during school hours so cars
aren't coming and going throughout the day creating impacts to Crest
residences.
3. Lighting. Lighting should be designed so that it shines down vs a type
that shines onto Newport Crest. Window pane material and placement
should be such that reflections during day do not beat down on nearby
Newport Crest residents.
4. Buses. Buses must not leave their engines idling while they are
dropping off students or waiting for students to board. Bus fumes should
not be able to flow into Newport Crest as most residents have their
windows open.
5. Other sound dampening designs. Efforts should be made to do
everything possible to reduce the noise from the school by sound
dampening efforts. In addition to a wall, trees should be planted.
We believe the city should balance the needs of the school with the
quality -of -life issues that Newport Crest has. We believe our requests are
quite reasonable and of minimal costs compared to the overall project.
Unfortunately, we are unable to attend the Planning Commission meeting
on the 19th as we'll be out of state. We do appreciate your consideration of
our concerns.
Sincerely,
Dorothy Kraus and Tom Schottmiller
17-80
Planning Commission - August 19, 2021
Item No. 5c - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Read, Scott
To: Plannina Commissioners
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Date: Tuesday, August 17, 20214:47:21 PM
Attachments: 20210817170210408. odf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Mr. Lowrey,
Please see the attached letter of support for this proposed change.
Thank you, and please confirm receipt.
Scott Read
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Newmark Knight Frank is neither qualified nor authorized to give legal or tax advice, and any
such advice should be obtained from an appropriate, qualified professional advisor of your
own choosing.
17-81
Planning Commission - August 19, 2021
Item No. 5c - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to allow its
continued use by Pacifica Christian School. Implementing a change in the land use designation to Private
Institution would be a benefit to our educational community that is important to many families and
individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Scott Read
32 Castaways N
Newport Beach, CA 92660
17-82
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Blake Vail
To: Plannina Commissioners
Subject: Letter of Support for Planning Commission
Date: Tuesday, August 17, 20215:43:36 PM
Attachments: Vail Family - Pacifica School Zoning Support Letter.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please see my attached letter of support to be considered as part of the planning commission
hearing re Pacifica Christian School zoning change.
Thanks,
Blake M. Vail
Triad Senior Living, Inc.
311 Kings Road
Newport Beach, CA
Ph. (918) 442-2600
92663
www.triadsl.com
17-83
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
Blake and Michel% Vail
3» Kings Road
Newport Beach, CA f663
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I wanted to write and offer our support to the proposed General Plan and Zoning change for the
property at 1499 Monrovia to allow its continued use by Pacifica Christian School. Implementing a
change in the land use designation to Private Institution would be a benefit to our educational
community that is important to many families and individuals. The school has done a great job of
honoring the neighborhood and regularly takes action to make itself a positive influence in this area of
our community.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Blake M. Vail
iii Kings Road
Newport Beach, CA 9663
17-84
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Jana DeMots
To: Plannina Commissioners
Subject: Letter in support of Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Date: Tuesday, August 17, 20216:13:11 PM
Attachments: DeMots Letter of SUODOrt.HEIC
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Attached please find a letter in support of the above -referenced change.
Thank you for your attention.
Jana and Steve
N N N N N N N N N N N N N N N N N N N N N N N N N
Jana and Steve DeMots
17-85
Jana and Steve De]Vlots
416 Plata, Newport Beach, CA 92660
August 17, 2 02 1
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject:
Pacifica Christian High School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey.
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to allow
its continued use by Pacifica Christian High School. Implementing a change in the land use
designation to Private Institution would be a benefit to our educational community that is
important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request
Sin cerely,
ianI
i
eMots
Steve DeMots
.1
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
17-86
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499 Monrovia to
allow its continued use by Pacifica Christian School. Implementing a change in land use
designation to Private Institution would be a benefit to our educational community that is
important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Katherine Mull
5010 Neptune Avenue
Newport Beach, CA 92663
17-87
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Lynn Pharris
To: Plannina Commissioners
Subject: Pacifica Christian School General Plan and Zoning change (PA 2021-068)
Date: Tuesday, August 17, 2021 7:59:19 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
August 17, 2021
Lee Lowery, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning change (PA 2021-068)
Dear Mr. Lowery:
We are writing this letter in support of the proposed General Plan and Zoning change for property located at 1499
Monrovia to allow its continued use by Pacifica Christian School. Pacifica Christian School is an excellent
educational institution and should be supported by our city. Allowing the school to continue to utilize the property
in its current capacity and further expand its educational purposes would be an asset to Newport Beach.
Thank you for your consideration and approval of the General Plan and Zoning change at 1499 Monrovia Avenue to
allow Pacifica Christian
School to continue and expand this excellent education institution in our community.
Sincerely,
Gerald and Lynn Pharris
306 Via Lido Nord
Newport Beach, CA 92663
Sent from my iPad
17-88
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Mark Ferdi
To: Plannina Commissioners
Cc: Lowrey. Lee; mark ferdi
Subject: Planning Commission Mtg Materials
Date: Wednesday, August 18, 20219:25:48 AM
Attachments: imaae001.Dna
NB GPA ZC Pacifica 8-18-2021.Ddf
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content is safe.
To Who it May Concern,
Please see attached letter of support for an item to be considered in tomorrow's Planning
Commission meeting (Item #5 on the Public Hearing Agenda).
Thank you all for your service to this fine city!
-Mark
Mark A. Ferdi
Investment Adviser
J. �k �s
Ri;(;l5n'.RFuI) I\4'I:S`C4F1'ti'I' At)vi,;F•:Ik
1001 Dove Street, Suite 155
Newport Beach, CA 92660
949.752.9096 949.752.0631 fax
www.adla-advisers.com
The preceding email message contains information that is confidential and may constitute non-public information. It is intended to be
conveyed only to the designated recipient(s). If you are not the intended recipient of this message, please immediately notify the
sender. Unauthorized use, dissemination, distribution or reproduction of this message is strictly prohibited and may be unlawful. All
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Corporation Broker Dealer.
17-89
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair Via Email:
Planning Commission planningcommissioners@newportbeachca.gov
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Support for Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I am a 55 year resident of Newport Beach, and providing this letter of support for the Pacific Christian
School General Plan and Zoning change that will be before you at the August 19, 2021 Planning
Commission meeting. The proposed change in land use designation would be a benefit to our
community and bring both zoning parity (and occupancy) for the existing commercial building located on
the property at 1499 Monrovia Avenue.
Your consideration and approval of the General Plana and Zoning change at 1499 Monrovia Avenue is
much appreciated and supported throughout the community.
Sincerely,
Mark A Ferdi
1947 Port Bishop
Newport Beach CA 92660
17-90
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From:
Geoff Moore
To:
Plannina Commissioners
Cc:
Moore Geoff
Subject:
Letter of Support for Pacifica Christian School
Date:
Wednesday, August 18, 2021 10:17:36 AM
Attachments:
PCHS - NBPC Su000rt Letter - GTM 8-17-21.odf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
NB Planning Commissioners: Please find attached my letter of support for the Pacific
Christian School General Plan and Zoning change that will be before you at the August 19,
2021 Planning Commission meeting.
Regards,
Geoffrey Moore
1842 Port Manleigh
Newport Beach, CA 92660
C:949-872-7246
gmoore(cDtavpartners.com
17-91
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
August 17, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-068)
Dear Mr. Lowrey:
I am providing this letter of support for the Pacific Christian School General Plan and Zoning change that
will be before you at the August 19, 2021 Planning Commission meeting. The proposed change in land
use designation would be a benefit to our community and bring zoning parity for the existing
commercial building located on the property at 1499 Monrovia Avenue. As I understand it, the building
is currently being used for school administrative purposes and changing the land use to Private
Institution would allow for continued use without the need for a new or extended zoning abatement.
Your consideration and approval of the General Plan and Zoning change at 1499 Monrovia Avenue is
much appreciated and supported throughout the community.
Sincerely,
Geo y Mre
1842 Port Manleigh
Newport Beach, CA
17-92
Planning Commission - August 19, 2021
Item No. 5d - Additional Materials Received
Pacifica Christian General Plan and Zoning Code Amendments (PA2021-068)
From: Kelly Callaghan
To: Plannina Commissioners
Subject: Pacifica Christian High School support
Date: Wednesday, August 18, 2021 11:44:41 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
August 18, 2021
Lee Lowrey, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Pacifica Christian School General Plan and Zoning Change (PA2021-
068)
Dear Mr. Lowrey:
I support the proposed General Plan and Zoning change for the property at 1499
Monrovia to allow its continued use by Pacifica Christian School. Implementing
a change in the land -use designation to Private Institution would be a benefit to our
educational community, which is important to many families and individuals.
Thank you for your thoughtful consideration and approval of this request.
Sincerely,
Ryan and Kelly Callaghan
2132 Ocean Blvd
Newport Beach, CA 92661
(949) 375-2549
17-93