HomeMy WebLinkAbout2021-94 - Approving 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) for the Property Located at 1499 Monrovia Avenue (PA2021-068)RESOLUTION NO. 2021-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
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) 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 require 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;
Resolution No. 2021-94
Page 2 of 5
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 resolves 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 amends the
General Plan of the City of Newport Beach to change the Land Use Designation of 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 the General Plan are a legislative act. Neither Title
20 (Planning and Zoning) of the Newport Beach Municipal Code, the Charter of the City
of Newport Beach, nor California Government Code Section 65350 et seq. set forth any
required findings for either approval or denial of amendments to the General Plan.
Notwithstanding the foregoing, the Project is consistent with the General Plan as provided
herein.
Facts in Support of Finding with the General Plan:
1. The Property has historically operated as a non-residential use. In 1957, the
County of Orange authorized construction of an office building located at the
Property. The West Newport Mesa area, commonly referred to as the County
Triangle, was annexed into the City on October 7, 1979, pursuant to Resolution
No. 9647, and concurrently zoned M -1-A (Manufacturing). On July 25, 2006, the
Resolution No. 2021-94
Page 3of5
City Council adopted Resolution No. 2006-76 approving a comprehensive update
to the General Plan. As a part of the update to the General Plan, the land use
designation for the Property was changed from General Industry to RM (Multiple
Residential) 18 du/ac.
2. On January 8, 2008, the City Council adopted Ordinance No. 2008-5, which
established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of
nonconformity could not be made until the finalization of the City's Local Coastal
Land Use Plan which occurred on July 14, 2009.
3. On October 25, 2010, the City Council adopted a Comprehensive Update to Title
20 (Planning and Zoning) bringing consistency between it and the Land Use
Element of the General Plan. The manufacturing zoning designation of the
Property was changed from 'M -1-A (Manufacturing) to RM 2420/3100 (Multiple
Residential). Since the use of the Property was an office use in a residential zone,
it was subject to abatement in' accordance with Ordinance No. 2008-5.
4. On February 1, 2012, a City Hearing Officer approved an abatement extension for
the Property allowing the continued operation of the Property as a commercial use
until February 1, 2022. Thereafter, on August 14, 2014, the Zoning Administrator
authorized the Applicant to operate a private high school at 883 West 15th Street.
5. On October 5, 2017, the Planning Commission authorized the expansion of the
Pacifica Christian High School due to an increase in enrollment and staff. The
approval included the use of off-site parking at the Property. The Community
Development Director authorized offsite parking at 1515 Monrovia Avenue as a
substitute for offsite parking at the Property on September 18, 2020. The Property
has historically operated as a non-residential use. Although the 2006 General Plan
Update contemplated residential use for the Property, it has continued to receive
abatements for the continued operation of office uses, consistent with many of the
surrounding uses.
6. Council Policy A-18 requires that proposed General Plan amendments be
reviewed to determine if a vote of the electorate would be required. If a project
includes a General Plan Amendment, and, separately or cumulatively with other
projects over a 10 -year span, exceeds any one of the following thresholds: a vote
of the electorate would be required more than 100 additional peak hour trips (a.m.
or p.m.); addition of 40,000 square feet or more of non-residential floor area; or
Resolution No. 2021-94
Page 4 of 5
addition of more than 100 dwelling units in a statistical area. This is the second
General Plan Amendment that affects Statistical Area A2 over the last 10 years.
The cumulative results that include 80 percent of the increase of the prior
amendment approved at 1419 Superior Avenue (General Plan Amendment No.
GP2011-007 [PA2011-138]) further reduce the number of dwelling units (-18 = 0.0
dwelling units) and increase the non-residential floor area (7,052 square feet),
resulting in an overall increase of 64 a.m. peak hour trips and an overall increase
of 30 p.m. peak hour trips based on the high school trip rates reflected in Council
Policy A-18. The peak hour trips increase by 35 a.m. peak hour trips and 38 p.m.
peak hour trips if the General Plan Public, Semi -Public, and Institutional trip rates
reflected in Council Policy A-18 are utilized. As none of the three (3) thresholds
specified by Charter Section 423 are exceeded, no vote of the electorate is
required.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 6: The City Council finds the adoption of this resolution 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.
Resolution No. 2021-94
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of September, 2021.
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City Attorney
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1 499 Monrovia Ave July 22, 2021
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. 2021-94 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of September, 2021; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of September, 2021.
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Leilani I. Brown 1
City Clerk
Newport Beach, California