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Home My WebLink About04 - Zone Change from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068)Q SEW Pp�T CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report October 12, 2021 Agenda Item No. 4 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: Zone Change from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068) ABSTRACT: For the City Council's consideration is the adoption of Ordinance No. 2021-21, to change the existing zoning district from Multiple Unit Residential (RM) to Private Institutions (PI) at 1499 Monrovia Avenue. The attached ordinance was introduced and considered at the September 28, 2021, City Council meeting. RECOMMENDATION: a) Find this action proposed herein 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; and b) Conduct second reading and adopt 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). DISCUSSION: On September 28, 2021, the City Council introduced and passed to a second reading Ordinance No. 2021-21 which changes the zoning district designation from Multiple Unit Residential (RM 2420/3100) to Private Institution (PI 0.49 FAR) for a property located at 1499 Monrovia Avenue. The subject property is currently, and has historically been, used as a commercial property since its development. The existing 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 and zoning regulations. 4-1 Ordinance No. 2021-21: Zone Change from Multiple Unit Residential to Private Institutions at 1499 Monrovia Avenue (PA2021-068) October 12, 2021 Page 2 FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The Code Amendment 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 Section 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. 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. ATTACHMENT: Attachment A — Ordinance No. 2021-21 4-2 Attachment A Ordinance No. 2021-21 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 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; H Ordinance No. 2021-21 Page 2of4 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. 2021-94, the General Plan Land Use designation of the Property will change from RM 18 du/ac (Multiple Residential) to PI 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. GID Ordinance No. 2021-21 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. Uno Ordinance No. 2021-21 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 ITC. HARP, CITY ATTORNEY Attachment: Exhibit A - Zoning Map Amendment 4-7 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' sAgurv,� � 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 ` c�Pr 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