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HomeMy WebLinkAbout2019-14 - Approving General Plan Amendment No. GP2015-004 to Change the Land Use Designation from General Commercial (CO-G) to Private Institutions (PI) for the Harbor Pointe Senior Living Project - a Senior Convalescent and Congregate Care Facility LocatRESOLUTION NO. 2019-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GP2015-004 TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL (CO -G) TO PRIVATE INSTITUTIONS (PI) FOR THE HARBOR POINTE SENIOR LIVING PROJECT - A SENIOR CONVALESCENT AND CONGREGATE CARE FACILITY LOCATED AT 101 BAYVIEW PLACE (PA2015-210) WHEREAS, an application was filed by Harbor Pointe Senior Living LLC of California ("Applicant"), with respect to property located at 101 Bayview Place, and legally described as Lot 1 of Tract No. 12528 in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 551, Pages 38 through 41 inclusive of Miscellaneous Maps, in the Office of the County Recorder of said County, Assessor's Parcel No. 442-283-05 ("Property"); WHEREAS, the Applicant proposes the demolition of an existing approximately 8,800 square -foot restaurant ("Kitayama") to accommodate the development of an approximately 85,000 square -foot, three-story senior convalescent and congregate care facility (i.e., memory care and assisted living) as a State -licensed Residential Care Facility for the Elderly ("RCFE") with 120 beds ("Project"); WHEREAS, in order to implement the Project, the Applicant requests or requires the following approvals from the City of Newport Beach ("City"): • General Plan Amendment ("GPA") — The current land use designation is General Commercial Office ("CO -G") which allows 8,000 square feet for restaurant use or 70,000 square feet for office use. The general plan amendment would change the CO -G land use designation to Private Institutions ("PI") and amend Anomaly No. 22 to allow the 85,000 square foot RCFE (Table LU2 and associated figures); • Planned Community Development Plan Amendment (Zoning) — To change the allowed land uses and amend development standards in Area 5 of the Bayview Planned Community ("PC -32") Zoning District; • Major Site Development Review — To ensure the Project is developed in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Newport Beach Municipal Code ("NBMC") Section 20.52.080 (Site Development Reviews); Resolution No. 2019-14 Page 2 of 10 • Conditional Use Permit — To allow the use of the Property as a 120 bed RCFE (memory care and assisted living facility) with conditions of approval that protect the health, safety and general welfare of the surrounding community; • Development Agreement — The applicant has requested a development agreement, which will provide for public benefits as the project is implemented; and • Environmental Impact Report ("EIR") — To address reasonably foreseeable environmental impacts of the Project with corresponding mitigation measures that reduce those environmental impacts in accordance with the California Environmental Quality Act ("CEQA") in 14 California Code of Regulations Section 15000 et. seq. and the California Public Resources Code Section 21000 et. seq. WHEREAS, the Property is located within the PC -32 Zoning District and the General Plan Land Use Element category is designated as CO -G; WHEREAS, the Property is not located within the coastal zone; therefore, a coastal development permit is not required; WHEREAS, on February 23, 2017, the Planning Commission held a study session in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to provide initial direction on the Project. No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a 300' radius of the Property; WHEREAS, on September 13, 2018, the Planning Commission held a study session in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to receive a project update and review the draft EIR. No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a 300' radius of the Property; WHEREAS, on December 6, 2018, the Planning Commission held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2019-14 Page 3 of 10 WHEREAS, the Planning Commission adopted Resolution No. PC2018-033 by a unanimous vote of 6-0 recommending approval of the Project, and the land use entitlements referenced above, to the City Council; WHEREAS, on January 17, 2019, the Airport Land Use Commission ("ALUC") found the City of Newport Beach Harbor Pointe Senior Living Project to be consistent with the Airport Environs Land Use Plan for John Wayne Airport; WHEREAS, on February 12, 2019, the City Council held a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, amendments to the General Plan and Zoning Code are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; WHEREAS, City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10) years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. This Property is within Statistical Area J6. There have been no GPAs in Statistical Area J6 since the General Plan update in 2006. The amendment results in 15,000 square feet of additional nonresidential floor area and the Project does not include dwelling units. The additional 15,000 square feet for the proposed facility results in a net decrease of 75 a.m. peak hour trips and a net decrease of 74 p.m. peak hour trips. The reduction in trips is based on the trip generation rates for the allowed general office building and a nursing home (i.e., best available comparable use in Council Policy A-18). As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve General Plan Amendment No. GP2015-004; WHEREAS, the future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the proposed amendments to the PC -32 Zoning District of the NBMC; and Resolution No. 2019-14 Page 4 of 10 WHEREAS, pursuant to California Government Code Section 65352.3, 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 eight tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on April 19, 2016. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribe contacts to respond to the request to consult. The City was not contacted by any tribal contacts during this 90 day period. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and has 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 General Plan Amendment No. GP2015-004 as attached hereto as Exhibit "A", and incorporated herein by reference changing the land use designation of the Property from General Commercial Office ("CO -G") to Private Institutions ("PI"), and amending Anomaly No. 22 (Table LU2 and associated figures). Section 3: Though not required to make specific findings, the requested GPA and resulting land use change is consistent with the following General Plan land use policies: 1. Land Use Element Policy LU 2.1 (Resident -Serving Land Uses) encourages uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, and social and spiritual activity that are in balance with the community natural resources and open space. Facts in Support of LU 2.1. The Project would replace the existing restaurant with an RCFE that would serve this age demographic of the City which comprises almost twenty five (25) percent of the City's total population according to latest available American Community Survey ("ACS") data. At present, there are approximately 685 beds in similar facilities citywide. Resolution No. 2019-14 Page 5 of 10 2. Land Use Element Policy LU 3.2 (Growth and Change) encourages enhancement of existing neighborhoods, districts, and corridors, allowing for re- use and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. Facts in Support of LU 3.2. The Project would enhance the Bristol Street corridor by providing an updated building that complies with all current Building and Fire Codes. The change in use and increase in floor area are appropriate given that the Project will provide additional, adequate accommodations for a large segment of the City's population, which is continuing to grow. Mitigation Measure MM FIRE -1 of the draft EIR requires the Applicant to provide an additional ambulance for the nearby Santa Ana Heights Fire Station No. 7 to ensure emergency medical services, to the City as a whole, are not compromised. Furthermore, the Project would result in a calculated overall decrease of average daily trips ("ADT") by 426, based on the Institute of Transportation Engineers' ("ITE") 2017 Trip Generation Manual, 10th Edition trip rates for restaurant and assisted living land uses. A restaurant land use of this size generates a calculated 738 average daily trips, while an assisted living facility of this size generates a calculated 312 average daily trips. 3. Land Use Element Policy LU 3.8 (Project Entitlement Review with Airport Land Use Commission) requires the ALUC to review the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan ("AELUP") in accordance with Section 21676 of the California Public Utilities Code. In addition, the ALUC reviews all development projects with a building height greater than 200'. Facts in Support of LU 3.8. On January 17, 2019, the ALUC reviewed the proposed project and found it consistent with the AELUP. However, the ALUC did include two conditions which have been incorporated into the Project approvals. These two conditions include: (1) modifying noise mitigation measure NOI-4, and (2) including an additional condition of approval on the project requiring outdoor signage informing the public of the presence of operating aircraft. Resolution No. 2019-14 Page 6 of 10 4. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas) which requires commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: • Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; • Attractive architectural treatment of elevations facing the residential neighborhood; • Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy; and Land Use Element Policy LU 5.6.1 (Compatible Development) which requires buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. Facts in Support of LU 5.6.1. The Project is designed to be compatible with the adjoining residential neighborhoods by incorporating a perimeter landscaping buffer and site walls, as well as an increased setback of 41' from the adjoining residential properties, where the development standards require twenty (20) feet, for a proposed three-story building. Although landscaping will buffer the view of the building from the residences, the architectural treatment will be composed of varied materials including stacked stone columns, stone veneer and smooth stucco, stainless steel metal panels, glass windows, and concrete or composition shingle roofing. Although the drive aisle and entrance into the subterranean parking wraps around the building nearest the residential community to the south, it will be buffered by landscaping and taller site walls. Additionally, all of the day-to-day vehicular activity with employee shift changes and visitors will occur in the subterranean parking area, as well as at the front entrance near the corner of Bristol Street and Bayview Place. 5. Land Use Element Policy LU 5.6.2 (Form and Environment) requires new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. Resolution No. 2019-14 Page 7 of 10 Facts in Support of LU 5.6.2. The Project's design is architecturally compatible with the adjoining office buildings to the west and east, which are taller than the proposed building. Building materials consisting of smooth stucco, stainless steel metal panels, glass windows, and concrete or composition shingle roofing have also been selected to blend with and complement the residential neighborhoods to the west and south. The aesthetics of the Project were also reviewed as part of the draft EIR and no significant impacts were identified. 6. Land Use Element Policy LU 5.6.3 (Ambient Lighting) requires outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient lighting of their location. Although a final lighting design has not yet been created, Condition of Approval Nos. 29 and 30 are included to require a photometric survey to determine the location of outdoor lighting to avoid negative lighting impacts to neighboring uses. This will be reviewed prior to issuance of any building permit for new construction and a final inspection will be conducted to ensure the site is not excessively illuminated. 7. Land Use Element Policy LU 6.1.2 (Siting of New Development) allows for the development of new public and institutional facilities within the City provided that the use and facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. Facts in Support of LU 6.1.2. The Project will replace an existing nonresidential use with a RCFE, which may serve approximately 25% of the City's population. The new construction will comply with all applicable requirements, as amended, including the maximum height limit currently allowed for a new building at this site. Although the Project includes an increase in floor area, the amount of ADT generated will be reduced from the current restaurant land use or the potential office land use. The Property is located in a nonresidential corridor along Bristol Street, which is developed with office buildings, commercial uses, and a hotel. The Project is compatible with adjoining residential, office, and hotel land uses. No significant unavoidable environmental impacts associated with the project were identified in the draft EIR. The draft EIR includes mitigation measures through the MMRP that will ensure any potentially significant environmental impacts are mitigated. The project site buffers residential development from Bristol Street and the SR73 Freeway. Based on the analysis performed for the draft EIR, project design and the quasi -residential use, the RCFE is anticipated to be compatible with the surrounding use. All existing streets and utilities are sufficient to support the Project, as studied in the Technical Appendices to the draft EIR. Resolution No. 2019-14 Page 8 of 10 8. Land Use Element Policy LU 6.1.3 (Architecture and Planning that Complements Adjoining Uses) ensures that the City's public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. Facts in Support of LU 6.1.3. The Project is located adjacent to professional office buildings. It is also near existing residential communities; however, the building setback is at least 41' from the nearest residentially zoned property and approximately 90'from the nearest residence. The majority of the building will also be set back approximately 15' from the property line abutting the Bristol Street right-of-way and 11' from the Bayview Place right-of-way. The Project's construction will comply with all current regulatory requirements, including applicable height limits ensuring the scale and mass of construction will be compatible. A lighting plan has not been finalized, However, Conditions of Approval Nos. 29 and 30, require a photometric survey that will determine the location of outdoor lighting to avoid any potential impacts on adjoining properties related to lighting spillover. Outdoor open spaces for residents of the facility are not proposed adjacent to the adjoining residential areas, which will help provide privacy for occupants of the facility, as well as for the nearby residents. The larger courtyard areas are internal and are buffered by the building, which will help to provide sound attenuation. Conditions of Approval Nos. 10 and 11 limit allowable hours for routine deliveries and trash pick-up, as well as visitors to the facility, which will help to ensure the hours are compatible with the adjoining neighborhood. All required parking is provided on-site. If there are any issues with parking in the future, Condition of Approval No. 9 allows appropriate review by the Community Development Director. The average number of daily trips to this type of facility is determined by the number of beds. When compared to the ITE's trip generation rates for a restaurant land use, there is a calculated reduction of average daily trips to the site and thus, no foreseeable local traffic impact. Section 4. The requested GPA from CO -G to PI does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. Numerous CO -G designated properties are located throughout the City that could accommodate office and restaurant uses. Additionally, office uses are allowed by right and restaurants are conditionally allowed in 16 commercial and mixed- use zoning districts. Resolution No. 2019-14 Page 9 of 10 Section 5: General Plan Amendment No. GP2015-004 does not require voter approval pursuant to Section 423 of the City Charter in that there have been no CPAs in Statistical Area J6, where the Property is located, since the 2006 General Plan Update. The amendment results in 15,000 square feet of additional nonresidential floor area, does not include dwelling unit and will not result in an increase in ADTs. The additional 15,000 square feet for the proposed facility results in a net decrease of 75 a.m. peak hour trips and a net decrease of 74 p.m. peak hour trips. Section 6: The Harbor Pointe Senior Living Project Final Environmental Impact Report (EIR) (SCH No. 2016071062) was prepared for the Project in compliance with CEQA, the State CEQA Guidelines, and the City Council Policy K-3. By Resolution No. 2019-_L3 the City Council, having final approval authority over the Project, adopted and certified as complete and adequate the Harbor Pointe Senior Living Project Final Environmental Impact Report (SCH No. 2016071062) and adopted "Mitigation Monitoring and Reporting Program." Resolution No. 2019-j_3 is hereby incorporated by reference. Section 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 8: 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 9: This resolution shall take effect immediately upon the effective date of City Council Ordinance No. 2019- 3 adopting Planned Community Development Plan Amendment No. PD2015-005 and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of February, 2019. Diane B. Dixon Mayor Resolution No. 2019-14 Page 10 of 10 ATTEST: JM4� Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE q4rv�r�;2Prva Aaro . Harp City A torney Attachments: Exhibit A - Table LU2 Anomaly Locations Amendment and General Plan Land Use Map Amendment Exhibit "A" Table LU2 Anomaly Locations Amendment and General Plan Land Use Map Amendment M Land Use Change: General Commercial Office (CO -G) to Private Institutions (PI) n Land Use Element Table LU2 Anomaly Number Anomaly Locations Statistical Land Use Area Designation Development Limit (so Development Limit Other Additional Information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,052,880 2.1 L4 MU -H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 46,044 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO -G 288,264 14 L4 CO-GIMU-H2 860,884 15 L4 MU -H2 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO -G 687,000 Office: 660,000 sf; Retail: 27,000 sf Cv 300 Hotel Rooms 22 J6 PI 85,000 Residential Care Facility for the Elderly (RCFE) 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 L1 CO -R 199,095 36 L1 CO -R 227,797 Newport Beach General Plan STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-14 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12th day of February, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: Council Member Brad Avery ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of February, 2019. a "/�� Leilani I. Brown City Clerk Newport Beach, California