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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 CITY OF O � z NEWPORT BEACH <,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. 17-1 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 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. 17-3 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 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. 17-4 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. 17-5 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. 17-6 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 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 a GEWATER WAY a so z 0 0 04 DR z 00 213 470 Feet IG 76TH ST W a a 0 z O 0 a YKUUU(,TIUN PL GP2021-002 (PA2021-068) General Ilan Amendment 1499 Monrovia Ave 15TH ST w CN a F, HOSPITAa RD P �) XNE T BEACH City of Newport Beach GIS Division July 22, 2021 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 4 Z PF 25 F SON DR = 16TH ST W PF IG PRODHCTiON PL IG Q Z I RM C D 0 0 Ni 15TH ST w PF 13 11 Rags PC 14 y CT O DYSSF' sAeurv,� � eco y ��A`O 0 c� 1 SPR YI n O ,m 10q Cp GMg�q Sr ti til PC 25 t'O �,oa rye S e o sxa aao Feet 72021 Cr ORP t7' CN MC NEiL LN PC 38 2PC yo G 1011,.�,� 10 Ots' tL ,�JQ QPM ` car 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 VICINITY MAP I 'BLUFF TNCT fl ES TJNEWWR �P1FIVNITWCENHLL- SLI IiT �iTrC lei = t k - e�4 k, IlaLraRn MEDICAL _ $ Tr I �., �v�E•�,. GENERAL PLAN ZONING % j��✓ice R/ V/// j% jjjj �e esr " C Fn s ii HL LVAR❑ UD" p,OIOF 5 "fl din „ 20' n A 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 0 Z N PF 25" V11-bN I G DR = Q 16TH ST W PF a a a O z PRODUCTION PL U HALYARD N PR\� rJ BOJ n� Z ROBO PC 14 CT RM ODYSS`� BARUNq CZ TACO � '�\Pw O n s 9i1T �� G a nO SFR m �C 10q OT 'I't11q T V R lgNO FP `� Cie�0 \\ y �i �y Mpg y�P PC 25 FT`T o z P RF CT C `� ,� � 10 Sunset �L\°j Q Ridge 1��\ Ile? Park �JQ co s e 0 220440 Feet Sunsetie-,_Illllllllllllllll i�OM 15TH ST W 0 ppa CA2021-003 (PA2021-068) Zoning Code Amendment 1499 Monrovia Ave MC NEIL LN m PC 38 z yo NBGS N E W P OR T BEA C N City of Newport Beach GIS Division August 16, 2021 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 N Y V GEWATER WAY O V � m u, Z IG O"VDR = 16TH ST W EBB TIDE 61R PI PRODUCTION PL LU < a a O Z Z LL O U f d 15TH ST W P, �o V HALYARD MEDICAL LN N RM SA OEDD S BARU/Vq G -t l6p y ��PVO <" 3 4F 10 f�q UMejq a y� CT ST yn HOSPITAL RD NEIL LN R 5 AT a CI 70 Z� r Sunset 7 3 Z y Ridge Park ORFC ��,�' Z O e 0 715 430 RM 5J QP Feet �� GP2021-002 (PA2021-068) NEG SO General Plan Amendment City of Newport Beach GIS Division 1499 Monrovia Ave July 22, 2021 PA2021-068_ GP_ Amendment—d! -/ 1-0Z 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 [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 NOTICE: This e-mail message and any attachments are intended solely for the use of the intended recipient, and may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments, and we request that you promptly notify the sender and immediately delete this message and any attachments as well as any copies thereof. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. 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 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the 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 email sent to and from the J.Derek Lewis & Associates corporate email system is subject to archival, monitoring and review by J.Derek Lewis & Associate supervisors. Email communication is not a secure method of communication. Any email that is sent to you or by you may be copied and held by the various servers it passes through as it goes from sender to recipient. Although careful measures are taken to maintain the privacy of our communications, outside persons may intercept our communications by improper access. If you prefer that future communications to be sent in a different fashion, please advise us immediately. Securities offered by JDL Securities 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 NOTICE: This e-mail message and any attachments are intended solely for the use of the intended recipient, and may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments, and we request that you promptly notify the sender and immediately delete this message and any attachments as well as any copies thereof. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. 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 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the 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 email sent to and from the J.Derek Lewis & Associates corporate email system is subject to archival, monitoring and review by J.Derek Lewis & Associate supervisors. Email communication is not a secure method of communication. Any email that is sent to you or by you may be copied and held by the various servers it passes through as it goes from sender to recipient. Although careful measures are taken to maintain the privacy of our communications, outside persons may intercept our communications by improper access. If you prefer that future communications to be sent in a different fashion, please advise us immediately. Securities offered by JDL Securities 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