HomeMy WebLinkAboutPC2023-044 - RECOMMENDING TO THE CITY COUNCIL TERMINATION OF ZONING AGREEMENT NO. 2008-005 (ZONING IMPLMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SOBER LIVING BY THE SEA, INC.) (PA2008-199)RESOLUTION NO. PC2023-044
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL TERMINATION OF ZONING AGREEMENT NO. 2008-005 (ZONING IMPLMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
SOBER LIVING BY THE SEA, INC.) (PA2008-199)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 10, 2009, the City Council adopted Ordinance No. 2009-4, authorizing a Zoning Implementation and Public Benefit Agreement (Zoning Agreement) by and between the City of Newport Beach (City) and Sober Living by the Sea, Inc., a California
corporation, that sets forth for the terms of Sober Living by the Sea’s operation within
the City. 2. Pursuant to Section 12 of the Zoning Agreement, the Zoning Agreement may be canceled in whole or in part only by mutual written and executed consent of the parties in compliance
with California Government Code Section 65868 and the City of Newport Beach
Municipal Code Section 15.45.070. 3. On October 24, 2023, Sierra by the Sea submitted a formal request to terminate the Zoning Agreement and requests the City and the Operator agree and acknowledge the Agreement
is cancelled.
4. A public hearing was held on December 21, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (Ralph
M. Brown Act), California Government Code Section 65867 and Chapter 15.45
(Development Agreements) 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.
Termination of the Zoning Agreement is not subject to the California Environmental Quality Act (CEQA) because it is not a project as defined in Section 21065 of the Public Resources Code since it would not result in a physical change to the environment. Additionally, termination of the
Zoning Agreement has been determined to be categorically exempt under the requirements of
the CEQA under Section 15301 under Class 1 (Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing structures and facilities involving negligible or no expansion of the exiting or former use. The termination of the Zoning Agreement will eliminate the Operator’s right to utilize the existing
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Planning Commission Resolution No. PC2023-044 Page 2 of 2
residential dwellings as residential care facilities, and the associated offices. The residential dwellings and offices will remain; therefore, the termination does not involve an expansion of use
and qualifies under Class 1 (Existing Facilities). 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. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the termination of
the Zoning Agreement is categorically exempt from the California Environmental Quality Act under Section 15301 under Class 1 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 termination of the Zoning Agreement to the City Council.
PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF DECEMBER, 2023.
AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSTAIN: None ABSENT: Barto
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________ Tristan Harris, Secretary
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