The URL can be used to link to this page

Home My WebLink About2012-16 - Approve GPA 2011-007 for 1419 Superior Avenue PA2011-138RESOLUTION NO. 2012 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -007 FOR PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011 -138) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by William Roy Morgan, M.D., F.A.C.S., owner of the subject property located at 1419 Superior Avenue, (APN: 424 021 07), requesting approval of General Plan Amendment No. GP2011 -007, changing the land use designation from Multiple Residential (RM 18 DU /AC) to Medical Commercial Office (CO -M 0.49 FAR); and Code Amendment No. CA2011 -010 changing the zoning designation from Multiple Residential (RM 2420) to Office Medical (OM 0.49 FAR). 2. The subject property became zoned Multiple Family Residential October 7, 1979, when the West Newport Mesa area of the City, more specifically known as the County Triangle, was annexed to the City pursuant to Resolution No. 9647. The corresponding General Plan designation was Multiple - Family Residential. The existing medical office building and medical uses on the property became nonconforming. Subsequently, the zoning designation was changed to Multi -Unit Residential (MFR, 2178) on May 29, 1990 pursuant to the adoption of City Council Ordinance No. 90 -24. 3. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76 approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 4. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, 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 Plan (LCP), which occurred on July 14, 2009, and subsequent Zoning Code Update which became effective November 25, 2010. 5. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The zoning designation of the subject property was changed from Multi -Unit Residential (MFR 2178) to Multiple Residential (RM 2420). Since the use of the subject property was medical office in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. City Council Resolution No. 2012 -16 Page 2 of 4 6. A public hearing was held on December 8, 2011, 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. At the conclusion of the public hearing, the Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning Commission Resolution No. 1863 recommending City Council adoption of the proposed General Plan Amendment and Zoning Code Amendment, 7. Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time a local government considers a proposal to adopt or amend the General Plan. The appropriate tribe contacts supplied by the NAHC were provided notice on October 27, 2011. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The response period ended on January 25, 2010, and no requests for consultation were received. 8. A public hearing was held on February 14, 2012, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed amendments are exempt since they do not entail any significant alteration to the subject property and are establishing consistency between the General Plan Land Use designation and existing use of the buildings and property. 2. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. 3. Therefore, to the fullest extent permitted by law, the applicant and property owner shall defend, indemnify, and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, J udgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever City Council Resolution No. 2012 -16 Paqe 3 of 4 which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to CEQA, General Plan, and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. SECTION 3. FINDINGS. 1. The proposed amendments of the Land Use Element of the General Plan and the Zoning Code are necessary to implement the property owner's request. 2. 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 (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: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or, adds more than 100 dwelling units in a statistical area. 3. This is the third General Plan Amendment that affects Statistical Area A2 since the General Plan update in 2006. The cumulative results that include 80 percent of the increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005) and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units ( -31 = 0.0 dwelling units) and increases the non - residential floor are (39,977 square feet), resulting in an overall increase of 40 a.m. peak hour trips and an overall increase of 43 p.m. peak hour trips based on the blended commercial trip rates reflected in Council Policy A -18. As none of the four thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 4. The existing building and uses, and 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 OM zoning district of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. City Council Resolution No. 2012 -16 Paoe 4 of 4 2. The City Council of the City of Newport Beach hereby approves General Plan Amendment (GP2011 -007) as depicted in attached Exhibit A, which is attached hereto and incorporated by reference. 3. This resolution shall become final and effective thirty (30) days after the date of adoption of Ordinance No. 2011 -7. Passed and adopted by the City Council of Newport Beach at a regular meeting held on February 14, 2012. MR SWISMINTS 714740, AT-IV Mel ATTEST: A- ')'4 w- 4 PA�- LEILANI BROWN. CITY CLERK I/ I I I I rdt� s op I 4 I61N 51 VI I IG 0.75 FAR MODUMW PL NTII it W a RM AB `ICU /AC: RM -18 DU /AC • 191HST ti ��wnoar U 0 C"IGIP0A11VT GP2011- 007.mxd January/2012 GP2011 -007 (PA2011 -138) General Plan Amendment 1419 Superior Avenue 0 H03PLIALRD 250 500 Feet e ..... onooummu au u. <. I IG 051 FAR RM 3100 / ?Al0 gl t i ISM 611.ua .. n ... C6, v7,5 FAR Ia T V i RM 3100 / 2.420 AR HOSM1i� O \ -- _ MOSVIiq fl0 �4 p47 F V Q 1 �IrliUfl�,n nl CA2011- 01O.mxd January/2012 CA2011 -010 (PA2011• -138) Zoning Code Amendment 1419 Superior Avenue PC 0 250 600 Feet L® Nom".... STATE OF CALIFORNIA } COUNTY OF ORANGE 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; that the foregoing resolution, being Resolution No. 2012 -16 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14ffi day of February, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of February, 2012. a- WI e City Clerk Newport Beach, California (Seal)