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HomeMy WebLinkAbout1810 - RECOMMEND ADOPTION OF DA_ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLCRESOLUTION NO. 1810 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF DEVELOPMENT AGREEMENT 2010 -001 (ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC) (PA2010 -069) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 27, 2010, the City of Newport Beach entered into a Settlement and Release Agreement with Morningside Recovery, LLC, which would allow the operation of its residential care facilities with limitations on the total number of clients and controls on the operation and location of these facilities. 2. Development Agreement DA2010 -001 consists of a Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and Morningside Recovery, LLC. 3. The subject properties are: • 4823 A and 4823 B River Avenue. The zoning classification is Two - Family Residential (R -2) and the General Plan land use designation is Two -Unit Residential (RT). • 5015 A and 5015 B River Avenue. The zoning classification is Two - Family Residential (R -2) and the General Plan land use designation is Two -Unit Residential (RT). • 112 39t" Street. The zoning classification is Two - Family Residential (R -2) and the General Plan land use designation is Two -Unit Residential (RT). • 29 Ima Loa Court. The zoning classification is PC -14 and the General Plan land use designation is Multiple Unit Residential (RM 460 DU). 4. A public hearing was held on June 3, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. Pursuant to Section 15.45.050 of the Municipal Code, this meets the public notice requirements provided in Sections 65090 and 65091 of the California Government Code. Planning Commission Resolution No. 1810 Paoe 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Consideration and adoption of the Development Agreement has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also 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 CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA. SECTION 3. FINDINGS. 1. The Development Agreement is consistent with Chapter 15.45 of the Municipal Code and California Government Code Section 65865.2. The Zoning Implementation and Public Benefit Agreement specifies the permitted uses of the property the density or intensity of use, and the duration of the Agreement. The occupancy level limits, location requirements, and operational conditions contained in the Zoning Agreement will protect the public health, safety and welfare. 2. The Development Agreement is consistent with the General Plan. The operational conditions contained in the Zoning Implementation and Public Benefit Agreement will minimize impacts to residential neighborhoods. The occupancy level limits and dispersal requirements contained in the Zoning Agreement will assist in reducing the over - concentration of recovery homes and sober living homes in residential areas. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends that the City Council adopt Development Agreement 2010 -001 (Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and Morningside Recovery, LLC) with the following suggested revisions: a. The number of beds shall be restricted to the number of clients plus one bed for staff. b. The occupancy limit shall be changed from three (3) clients per bedroom to no more than two (2) clients per bedroom unless the size of the structure warrants a larger occupancy for any single bedroom. C. The facility located at 29 Ima Loa shall be relocated within a reasonable amount of time due to the fact that it is located within a private condominium complex with private streets and has shared common walls with private residences. Tmplt: 04/14110 Planning Commission Resolution No. 1810 Paqe 3 of 3 d. The Compliance Report Template included as Exhibit "3" to the Zoning Agreement shall include the operator's certification as to compliance with all operating conditions. e. The Compliance Reports shall be submitted on a quarterly basis. . f. Include additional remedies for non - compliance with terms of Development Agreement. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF JUNE, 2010. AYES: Eaton, Unsworth, Peotter, McDaniel, Toerge, and Hillgren NOES: None ABSTAIN: Hawkins ABSENT: None 4 B� :Ce&,l ' �ti, C)� Earl McDaniel, Acting Chairman BY: Charles Unsworth, Secretary Tmplt: 04/14/10