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HomeMy WebLinkAbout2.0_A2_Harbor Day School Reconstruction_PA2018-183_PC-2_Draft_Resolution_Denial Attachment No. PC 2 Draft Resolution for Denial 3J° V� QP �P �o RESOLUTION NO. PC2019-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING SITE DEVELOPMENT REVIEW NO. SD2018-004, MINOR USE PERMIT NO. UP2018-015 AND LIMITED TERM PERMIT NO. XP2019-003 FOR HARBOR DAY SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2018- 183) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Harbor Day School (HDS), with respect to property located at 3443 Pacific View Drive, and legally described as Lot 463, Block 96, of Tract 361 requesting approval of Site Development Review and Minor Use Permit. 2. The applicant requests a major site development review to allow the development of Harbor Day School's new campus consisting of approximately 99,607 square feet in gross building area; and to allow the performing art/gymnasium building to exceed the 32-foot height limit by up to 9 feet and 6 inches, for an overall height of 41 feet and 6 inches. The application also includes a minor use permit to allow the continued operation of a kindergarten through eighth grade private school; and a limited term permit to allow Harbor Day School to use a portion of the Big Canyon Reservoir's contractor yard for construction staging purposes. The existing allowed maximum enrollment of 480 students is not proposed to be increased as part of this project. If approved, this Minor Use Permit would supersede Use Permit No. UP2013-024. 3. The school property is located within the PI (Private Institutions) Zoning District with a floor area ratio (FAR) of 0.35 and the General Plan Land Use Element category is PI (Private Institutions). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on June 20, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 41 Planning Commission Resolution No. PC2019-017 Page 2 of 3 SECTION 3. REQUIRED FINDINGS. Major Site Development Review The Planning Commission may approve a major site development review application only after making each of the required findings set forth in NBMC Section 20.52.080(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings for the following reasons: 1. The Planning Commission determined, in this case, that the proposed major site development review for the development of new school campus is not consistent with the legislative intent of Title 20 of the NBMC and that findings required by Section 20.52.080 are not supported in this case. 2. The design, location, size, building height and characteristics of the proposed school campus are not compatible with the established community. The development may result in negative impacts to residents in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. Minor Use Permit The Planning Commission may approve a minor use permit application only after making each of the required findings set forth in NBMC Section 20.52.020(F). In this case, the Planning Commission was unable to make the required findings for the following reasons: 1. The project is not designed to be compatible with the adjoining land uses and to operate in a manner consistent with the intend of PI (Private Institutions) Zoning District. Limited Term Permit The Planning Commission may approve a limited term permit application only after making each of the required findings set forth in NBMC Section 20.52.040(G). In this case, the Planning Commission was unable to make the required findings for the following reasons: 1. The Big Canyon Reservoir construction yard is not adequate area to accommodate the temporary storage of construction materials and equipment during the construction of new school. The use of temporary construction storage may impede access to the existing and adjacent uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Site Development Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit No. XP2019-003. 42 Planning Commission Resolution No. PC2019-017 Page 3 of 3 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2019. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Zak, Chairman BY: Lee Lowrey, Secretary 4S V� QP �P