HomeMy WebLinkAboutPC2021-028 - APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2021-001 FOR A CHANGE IN LAND USE DESIGNATION FROM RESTAURANT TO GENERAL COMMERCIAL LOCATED AT 4241 MACARTHUR BOULEVARD (PA2021-147)RESOLUTION NO. PC2021-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2021-001 FOR A CHANGE IN LAND USE DESIGNATION FROM RESTAURANT TO GENERAL COMMERCIAL LOCATED AT 4241 MACARTHUR BOULEVARD (PA2021-147)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Albert Markarian (“Applicant”) of New Look Skin, LLC, with respect to property located at 4241 Macarthur Boulevard, in the City of Newport Beach, and legally described as Parcel 2 of Resubdivision No. 347 (“Property”) requesting approval of a Planned Development Amendment.
2. The Applicant requests a planned development amendment for the Newport Place Planned Community (PC-11) to allow a change in land use designation from Restaurant Site 1 to General Commercial Site 8. The Applicant is proposing to improve and convert the existing building (currently a vacant restaurant) to a skin care facility (medical office),
which is a permitted use within Commercial Site 8 (“Project”).
3. The Property is designated Mixed-Use Horizontal (MU-H2) by the General Plan Land Use Element and is located within the Newport Place Planned Community (PC-11).
4. The Property is not located within the coastal zone.
5. A public hearing was held on October 7, 2021, in the Council Chambers 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 Newport Beach Municipal
Code (“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. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
2. Class 3 exempts structures not involving the use of significant amounts of hazardous substances which do not exceed 10,000 square feet in floor area in urbanized areas. This includes a conversion of an existing restaurant to a medical office. Any future development of the project site is subject to separate CEQA review.
Planning Commission Resolution No. PC2021-028 Page 2 of 3
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
1. Code amendments are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments.
2. The authorization of land use change from Restaurant to General Commercial provides
flexibility for future commercial uses. Currently, only restaurant uses are permitted on Restaurant Site 1. The proposed amendment to General Commercial allows a variety of commercial uses, including retail stores, athletic clubs, professional and medical offices, and other uses. Additionally, restaurants are a permitted use in General
Commercial Site 8 (Refer to Part II, Section II, Group II, Letter F for General Commercial
Uses). 3. Land Use Policy 2.4, Economic Development of the General Plan Land Use Policy, encourages the accommodation of uses that maintain or enhance Newport Beach’s
fiscal health, accounting for market demands while maintaining and improving the
quality of life for residents. Due to the ongoing COVID-19 pandemic, the market demands for restaurants have been altered for the foreseeable future. While amending the land use designation to General Commercial maintains restaurants as an allowed use, it expands the range of uses to a variety of commercial uses and increases the
opportunity for economic development in the future.
4. Land Use Policy 3.2, Growth and Change of the General Plan Land Use Policy encourages the enhancement of existing neighborhoods, districts, and corridors, allowing for re-use and infill with uses that are complimentary in type, form, scale, and
character. The expanded range of uses creates flexibility for the Property to complement
the surrounding area, which has multiple housing projects ongoing. 5. The Project site includes an existing off-street parking lot with sixty-two (62) parking spaces. The existing restaurant requires fifty-four (54) parking spaces, resulting in a
surplus of eight (8) spaces. Per PC11 standards, the proposed medical office use
requires thirty-six (36) parking spaces, resulting in a surplus of twenty-six (26) parking spaces. Other potential commercial uses which are permitted under General Commercial Site 8 are projected to require less parking than the proposed medical office.
6. The Project from a restaurant to medical office results in a reduction in traffic. Similarly, other commercial uses which are permitted under General Commercial Site 8 result in lower traffic generation than the existing restaurant use.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
Planning Commission Resolution No. PC2021-028
Pa e 3 of 3
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15305 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Planned Community Development Plan Amendment No. PD2021-001 .
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF OCTOBER, 2021.
AYES:
NOES:
Klaustermeier, Kleiman, Koetting , Rosene , and Weigand
None
RECUSED : Ellmore and Lowrey
ABSENT: None