HomeMy WebLinkAbout03 - 1537 & 1539 Monrovia Avenue AmendmentsC -
Agenda Item No. 3
September 27, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, Director
949 - 644- 3226,kbrandt @newportbeachca.gov
PREPARED BY: Javier S. Garcia AICP, Senior Planner
APPROVED:
TITLE: Monrovia Ave Amendments:
1537 Monrovia Avenue (PA2011 -082)
1539 Monrovia Avenue (PA2011 -105)
ABSTRACT:
Amendment to the Zoning Map to change the designation of the subject properties from
Multi -Unit Residential (RM 2420) to General Industrial (IG 0.50 FAR) land use designation.
The code amendment will be consistent with the General Plan amendments that were
unanimously approved on September 13, 2011, City Council meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2011 -23 (Attachment No. CC1)
approving Code Amendment Nos. CA2011 -008 and CA2011 -009.
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).
Submi ed by:
Kimberly Brandt, A P
Community Development Director
Attachments:
CC 1 Ordinance No. 2011 -23 with attachments.
City Council Staff Report, September 13, 2011, with exhibits.
1
ORDINANCE NO. 2011 -23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A ZONING CODE
AMENDMENT TO CHANGE THE ZONING DESIGNATION OF
PROPERTIES LOCATED AT 1537 AND 1539 MONROVIA
AVENUE (PA2011 -082 AND PA2011 -105)
WHEREAS, applications were filed by Allred Newport LLC, with respect to the
property located at 1537 Monrovia Avenue; and Dvorak & Payne LTD, with respect to the
property located at 1539 Monrovia Avenue, requesting approval of amendments to the
General Plan and the Zoning Code to change the land use designation from multi -unit
residential to general industrial; and
WHEREAS, on July 21, 2011, the Planning Commission conducted a public
hearing 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 and Brown Act. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this meeting;
and
WHEREAS, at the July 21, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (4 ayes, 0 noes, 3 absent),
forwarded a recommendation to the City Council to approve the proposed Zoning
Code Amendments; and
WHEREAS, the subject properties are located within the Multi -Unit Residential (RM
2420) Zoning District and the General Plan Land Use Element category is Multi -Unit
Residential Land Use (RM).; and
WHEREAS, The amendment of the Land Use Element of the General Plan will
provide consistency with the proposed code amendment to change the zoning of the
subject property from the Multi -Unit Residential (RM 2420) zoning designation to the
General Industrial (IG 0.50) zoning designation.
WHEREAS, the existing building and use, and future development of the subject
property affected by the proposed amendment 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 IG 0.50 (General Industrial 0.50 FAR) zoning district of the
Newport Beach Municipal Code; and
WHEREAS, 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
2
ORDINANCE NO. 2011 -23
Page 2
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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release 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,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
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, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A"
attached hereto and incorporated by reference to change the zoning district of the
subject properties from RM 2420 (Multi -Unit Residential) to IG 0.50 (General Industrial
0.50 FAR), with all other provisions of the existing Zoning Map remaining unchanged.
SECTION 2: 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, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed
amendments are exempt since they do not entail any significant alternation to the
subject property and are essentially bringing the General Plan Land Use designation
and Zoning District to be consistent with the existing use of the buildings located on the
subject properties involved.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its adoption.
3
ORDINANCE NO. 2011 -23
Page 3
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 131" day of September, 2011, and adopted on the 27th
day of September, 2011, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
AARON C. HARP, CITY ATTORNEY fU�l
PC
ORDINANCE NO. 2011 -23
Page 4
EXHIBIT A
(ZONING CODE AMENDMENT CA2011 -008)
1537 MONROVIA AVENUE
(PA2011 -082)
(ZONING CODE AMENDMENT CA2011 -009)
1539 MONROVIA AVENUE
(PA2011 -105)
5
ORDINANCE NO. 2011 -23
Page 5
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RM 2420
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CA2011 -008 (PA2011 -082) �Fe«
Zoning Code Amendment e
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ORDINANCE NO. 2011 -23
Page 6
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CA2011 -009 (PA2011 -105)
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7
CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 23
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Javier S. Garcia AICP. Senior Planner
APPROVED:
TITLE: Monrovia Ave Amendments:
1537 Monrovia Avenue (PA2011 -082)
1539 Monrovia Avenue (PA2011 -105)
ABSTRACT:
Amendments to the General Plan and the Zoning Map to change the designations of the
subject properties from Multi -Unit Residential (RM 2420) to General Industrial (IG 0.50
FAR).
RECOMMENDATION:
1) Conduct a public hearing; and
2) Adopt Resolution No. 2011 -91 (Attachment No. CC 1) approving:
• General Plan Amendment No. GP2011 -005; and
3) Adopt Resolution No. 2011 -92 (Attachment No. CC 2) approving:
• General Plan Amendment No. GP2011 -006; and
4) Introduce Ordinance No. 2011 -23 (Attachment No. CC 3), approving:
• Code Amendment No. CA2011 -008; and
• Code Amendment No. CA2011 -009; and
• Pass to second reading for adoption on September 27, 2011
0
Monrovia Avenue Amendments
September 13, 2011
Page 2
VICINITY MAP
1539 Monrovia Avenue
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Dvorak & Payne LTD Property
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GENERAL PLAN
ZONING
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1539 Monrovia Avenue IIP
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CHANGES: CURRENT to PROPOSED
LOCATION:
GENERAL PLAN:
ZONING:
RM (Multi-Unit Residential)
RM (2420) (Multi -Unit Residential)
1537 MONROVIA AVENUE and to
to
1539 MONROVIA AVENUE _ IG -0.50 (General Industrial )
IG -0.50 (Industrial)
SURROUNDING USES:
_
North, PI (Private Institution)
PI (Private Institution)
South, East, and RM
RM (2420)
(Multi -Unit Residential)
(Multi -Unit Residential)
West Open Space- Banning Ranch
I
Specific Plan — Banning Ranch
60
Monrovia Avenue Amendments
September 13, 2011
Page 3
FUNDING REQUIREMENTS:
There is no budgetary impact related to this item.
DISCUSSION
Project Setting
The two subject properties are located on the west side of Monrovia Avenue in the West
Newport Mesa Area. Both are designated by the Land Use Element of the General Plan
and the Zoning Code for Multi -Unit Residential use. The subject properties are bounded
on the north by Carden Hall Private School; and to the south by the Coast Community
College District project that began construction in 2010. To the west, abutting the
subject properties is vacant land designated for open space by the Banning Ranch
Planned Community District. To the east across Monrovia Avenue is a mobile home
park that is currently designated and zoned for Multi -Unit Residential uses (RM), and
industrial uses on Production Place that are located on properties designated and
zoned for industrial uses (IG).
The subject property located at 1537 Monrovia Avenue has a land area of
approximately 33,580 square feet and is currently occupied by two light industrial
buildings and uses (totaling 15,000 square feet) that are nonconforming with the
General Plan and the Zoning Code (Photos and Relevant Information in Attachment
CC4). Current intensity of the existing buildings is approximately 0.45 FAR and is used
for an art and framing use in the smaller building; and support facilities associated with
Toes on the Nose that include shipping and distribution center in the larger building at
the rear of the property.
The subject property located at 1539 Monrovia Avenue has a land area of
approximately 49,642 square feet and is currently occupied by a 24.000 square foot,
single -story, light industrial /warehouse building and uses that are nonconforming with
the General Plan and the Zoning Code. The applicant has also provided the attached
statement in support of the application (Photos and Relevant Information in Attachment
CC5). Current intensity is approximately 0.50 FAR and the building is occupied by
various storage, service businesses, and light industrial uses with related offices.
Background
The West Newport Mesa Area of the City, more specifically known as the County
Triangle, was annexed to the City of Newport Beach in October 1979.
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
10
Monrovia Avenue Amendments
September 13, 2011
Page 4
Update "). In conjunction with the update, the land use designation of the subject
properties was changed from industrial to residential.
On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, 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 the subsequent Zoning Code Update which
was effective November 25. 2010.
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 result of that action rendered
several properties nonconforming, including the subject properties, which in accordance
with Ordinance No. 2008 -05 became subject to abatement.
The subject application does not include a specific project for development on either
property at this time. The proposed land use changes would allow the retention of the
existing land use and allow for future development in accordance with the standards of
the proposed zoning district.
On July 21, 2011, the Planning Commission held a public hearing on the proposed
amendments. After evaluating the proposed land use designations and their intensities,
and hearing testimony from the applicant and the public, the Planning Commission
unanimously voted to recommend approval of the proposed amendments. A copy of the
staff report (Attachment CC6), Planning Commission Resolutions (Attachments CC7
and CC8) and the minutes of the hearing are attached (Attachment CC9).
Analysis
Amendments to the General Plan Land Use Plan and Zoning Code are legislative acts.
Neither City nor State Planning Law sets forth specific findings for approval or denial of
such amendments. However, when making such decisions the City Council should
consider applicable policies and development standards to ensure internal consistency.
Neighborhood Compatibility
The Planning Commission and staff believe that the current activities at the subject
properties will be compatible with the adjacent neighboring institutional uses and the
current mobile home park and future multi - residential uses across Monrovia Avenue.
Those activities include the following:
1537 Monrovia Ave is comprised of a Main Building (11,000 sq. ft.) at the rear of the
property with activities that include: design, distribution, administration and support of
retail surf shops and schools; lease space to other distributors of footwear, handbags,
11
Monrovia Avenue Amendments
September 13, 2011
Page 5
sweaters and a wholesale wine distributor; and a small internal assembly shop, for the
business Toes on the Nose, that makes retail signs and displays. The small building
(4,000 sq. ft.) at the front of the property engages in activities that include: fine antique
sales to designers, picture framing and custom art.
1539 Monrovia Avenue is comprised of 24 individual tenant spaces of 1,000 to 1,500
square feet each. Those tenants include such things as: carpet installer warehouse and
office, various service uses and storage related facilities and other light industrial and
storage /warehouse uses.
Carden Hall Private School, located to the north of 1539 Monrovia Avenue, was
established in 1961 when it was a part of the County Triangle and annexed to Newport
Beach in 1979. Upon annexation, the school was bounded to the north, south and east
across Monrovia Avenue by industrial buildings and uses. The light industrial and
warehouse uses to the south have not been detrimental to the school use.
The Coast Community College District project, located to the south of the 1537
Monrovia Avenue property (Allred Newport LLC), is currently under construction, which
began in latter part of 2010. The community college project will create an adult
education facility that will include daytime and evening classes. The existing light
industrial and warehouse uses that have been in place since the early 1970's are not
anticipated to be detrimental to the activities associated with the college. It is anticipated
that there may be some complementary or synergistic opportunities between the two
uses related to jobs, internships or possibly hands -on activities associated with the
college classes.
Seacliff Mobile Home Park is located across Monrovia Avenue and is designated by the
General Plan for multi -unit residential land use. The current on site uses and the
residential mobile home park have been in existence since before annexation into the
City. The current industrial uses which are proposed to continue are not anticipated to
create any incompatibility.
Located to the west of the subject properties is the Banning Ranch Specific Plan area
that is currently vacant. The current proposal under consideration would place a
community park adjacent to the sites. It is anticipated that neither an active nor passive
park use adjacent to the subject properties will be adversely affected by the existing or
any proposed future industrial uses on the subject properties.
12
N
W + E
S
Monrovia Avenue Amendments
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\ I
1
1
i
General Plan
0 150 300
Feet
The Land Use designation of the subject properties prior to the adoption of the current
General Plan was for a mixture of General Industry, Retail and Service Commercial,
and Administrative, Professional and Financial Commercial land use which reflected the
existing development patterns. The permitted Floor Area Ratio (FAR) was variable
0.50/0.75, with 0.50 as the base allocation. The 0.75 FAR was an upper limit that was
subject to discretionary review requirements. The recommended 0.50 FAR for the
proposed amendments is consistent with the base FAR limitation of the prior General
Plan.
The proposed IG designation is intended to provide for the development of properties
for a wide -range of moderate to low- intensity industrial uses, such as light
manufacturing and research and development and limited ancillary commercial and
13
Monrovia Avenue Amendments
September 13, 2011
Page 7
office uses, with a maximum floor area to land area ratio (FAR) of 0.50 is
recommended. Although the IG designated sites located on Production Place have a
General Plan FAR of 0.75, staff is of the opinion that an FAR of 0.50 is appropriate for
the subject properties. The 0.50 limitation is consistent with the amount of existing gross
floor area currently constructed on the 1539 Monrovia Avenue property and will allow for
a modest increase on the 1537 Monrovia Avenue property. IG designated sites may
also be developed exclusively for retail or offices in accordance with the list of permitted
uses provided in the Zoning Code.
In considering the proposed General Plan Amendment, the City Council should consider
the following Land Use Element policy:
Policy LU 3.3 - Opportunities for Change states in part as follows:
(Newport Beach General Plan, pp. 3 -9)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors...
• West Newport Mesa: re -use of underperforming commercial and industrial
properties for offices and other uses that support Hoag Hospital's medical
activities, improvement of remaining industrial properties adjoining the City of
Costa Mesa, accommodation of nonwater marine - related industries, and
development of residential in proximity to jobs and services.
The amendments will provide continued use of the buildings for light industrial use as
currently designed in furtherance of the policy. Approval of the amendment will allow the
continuation of the existing industrial use development that would not be subject to
abatement and therefore avoid the near term result of creating vacant buildings on
Monrovia Avenue. The presence of vacant storefronts has the opposite effect of
revitalization.
Goal LU 6.7
A general industrial district that transitions between the Hoag Hospital medical and
residential community and industrial uses in the City of Costa Mesa, providing
opportunities for needed uses that cannot be accommodated elsewhere in Newport
Beach.
Policy LU 6.7.1 Primary Uses
Encourage the development of small -scale incubator industries.
Policy LU 6.7.2 Marine Based Businesses
Encourage and provide incentives for the relocation of marine -based Newport Beach
businesses, including boat storage and recreational vehicles, to properties retained
for industrial purposes.
14
Monrovia Avenue Amendments
September 13, 2011
Page 8
The proposed amendments do not conflict with Goal 6.7. The development of the Coast
Community College District Learning Center south of the subject properties has
precluded a significant portion of the possible residential development envisioned for
the west side of Monrovia Avenue. The proposed amendments will provide
opportunities for small light industrial or office businesses to continue where there are
limited numbers of available sites elsewhere in the City. Furthermore, the proposed
amendments are consistent with Policies LU 6.7.1 and LU 6.7.2. The subject properties
are already developed with industrial buildings that can accommodate the type of small -
scale incubator industries called for by Policy LU 6.7.1. Future use of the subject
properties as boat and/or recreational vehicle storage would be consistent with Policy
LU 6.7.2 and would provide an industrial use that is compatible with the abutting
institutional uses.
Housing Element
The sites if redeveloped with housing at the maximum density allowed by the current
General Plan would be 33 dwelling units. The reduction in housing potential should
these amendments be approved is not significant given the anticipated housing
production within other areas of the city such that the approval will not impede the city's
ability to achieve housing production goals as set forth by Southern California Area of
Governments (SCAG).
Zoning Code
The IG Zoning District is intended to provide for areas appropriate for a wide range of
moderate to low- intensity industrial uses (e.g., light manufacturing and research and
development) and limited accessory commercial and office uses. The IG district allows
development of industrial projects with a maximum floor area ratio (FAR) ranging from
between 0.25 to 0.75. In this particular case, staff recommends an FAR limitation of
0.50 FAR which is consistent with the existing development on the subject properties
and avoids a vote of the electorate pursuant to Measure S (Charter Section 423). The
applicants have been advised of this recommendation and have raised no objections.
Residential uses are not allowed.
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and zoning
designation is critical to ensure orderly development and enforcement. With regard to
the subject property, existing industrial development would conform to the standards of
the proposed IG Zoning District; the continued industrial uses would be allowed without
abatement. Future new development would require conformance with applicable
development and parking standards.
Under the existing RM (2420) zoning designation, the 1537 Monrovia Avenue property
could be developed with a maximum of 13 dwelling units and would require a total of 20
15
Monrovia Avenue Amendments
September 13, 2011
Page 9
parking spaces; and the 1539 Monrovia Avenue property could be developed with a
maximum of 20 dwelling units and would require 50 parking spaces. The main purpose
of the requested amendment is to maintain the existing industrial use development.
Under the recommended maximum industrial intensity allowance (0.5 FAR) the subject
properties could be developed with up to 16,790 and 24,821 square feet of industrial
development, respectively. The total of all existing building currently located on the
subject properties will comply with the 0.50 FAR limitation recommended.
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed general plan amendment (if approved)
requires a vote by the electorate. The proposed amendment would be combined with 80
percent of the increases in traffic, dwelling units and non - residential floor area created
by previous general plan amendments (approved within the preceding 10 years) within
the same statistical area. These are the first amendments within this statistical area.
The applicable thresholds are: 100 dwelling units, 100 A.M. peak hour trips, 100 P.M.
peak hour trips, or 40,000 square feet of non - residential floor area. If any of the
thresholds are exceeded and the City Council approves the requested General Plan
Amendments, the amendments would be classified as a "major amendment' and be
subject to voter consideration. Approved amendments, other than those approved by
the electorate, are tracked for 10 years and factored into the analysis of future
amendments.
Table 1, summarizes the increase in floor area, peak hour traffic (A.M. and P.M.) and
reduction in the number of dwelling units created by the proposed amendments with the
recommended IG designation at 0.50 FAR. The increases indicated in the table are
based upon the city taking action on each amendment request separately and
sequentially, where only 80% of the First Amendment (GP2011 -005) changes are
added to the Second Amendment (GP2011 -006) changes. As indicated, none of the
four (4) thresholds would be exceeded, and therefore, a vote is not required. A more
detailed analysis is attached (Attachment No. CC 10). However, staff notes that the
"Increased Floor Area" threshold is nearly met with the adoption of the subject
applications. There are several other properties within Statistica I Area A2 that are
subject to the abatement provisions of Ordinance No, 2008 -05. At a subsequent
meeting, staff will provide a thorough staff report on this issue and alternatives for City
Council consideration.
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Monrovia Avenue Amendments
September 13, 2011
Page 10
Table 1: Charter Section 423 Analysis Summary
Statistical Area A2
Increased Floor
Increased
Increased
Increase in
Area
A.M. Peak Hour
P.M. Peak Hour
Allowed
Trips
Trips
Dwelling Units
I
i
Proposed
G P2011 -005
1537 Monrovia Ave
16,790 sq. k.
11.1
9.8
0
(Action 1)
GP2011 -005 is a minor amendment.
GP2011 -005
at 80%
13,432 s q' k.
6.9
7.8
0
Proposed
G P2011 -006
1539 Monrovia Ave
24,821 sq. k.
16.0
14.0
0
(Action 2)
TOTALS
(IG is permitted)
38,253 sq. k.
24.9
21.8
0
GP2011 -006 is a minor amendment.
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code (CGC), a local
government is required to contact the appropriate tribes identified by the Native
American Heritage Commission (NAHC) each time it considers a proposal to adopt or
amend the General Plan. The appropriate tribe contacts supplied by the NAHC were
provided notice on May 19, 2011, to allow tribe contacts to respond to the request to
consult. That 90 day period ended on August 17, 2011. Staff has not received any
responses.
Environmental Review
The Planning Commission recommends the City Council find this project exempt from
the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2
(Replacement or Reconstruction) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
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Monrovia Avenue Amendments
September 13, 2011
Page 11
Summary
The applicants have requested the amendments to allow retention of the existing
industrial buildings and uses. The buildings were constructed in mid 1970's and were
permitted uses at that time consistent with the provisions of the Zoning Code of the
County of Orange. The subject properties are located within the County Triangle Area
which was annexed in October 1979. The uses have been in existence for
approximately thirty -eight years and their abatement at this time appears contrary to the
General Plan Policies that promote revitalization of the area. Continuation of these uses
and future development consistent with the IG designation does not appear to conflict
with the General Plan. The Planning Commission and staff do not foresee any adverse
environmental impacts with continued use or redevelopment. The approval of the
General Plan Amendments to the IG -0.50 FAR designation would not necessitate a vote
of the electorate, as required by Section 423 of the City Charter.
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). Notice of this hearing was
published in the Daily Pilot, mailed to property owners within 300 feet of the properties,
and was posted at the site a minimum of ten days in advance of this hearing, consistent
with the Municipal Code. Additionally, the item appeared upon the agenda for this
meeting, which was posted at City Hall and on the City website.
SZ itte
d d by:N
Kimberly Brandt, ,APP
Community Deve opment Director
Attachments: CC 1
CC 2
CC 3
CC 4
CC 5
CC 6
CC 7
CC 8
CC 9
CC 1
Draft Resolution with Attachments, 1537 Monrovia Avenue
Draft Resolution with Attachments, 1539 Monrovia Avenue
Draft Ordinance with Attachments
Relevant Information for 1537 Monrovia Avenue, PA2011 -082
Relevant Information for 1539 Monrovia Avenue, PA2011 -105
Planning Commission Staff Report, July 21, 2011
Planning Commission Resolution No. 1851
Planning Commission Resolution No. 1852
Excerpt of Planning Commission Minutes, dated July 21, 2011
Section 423 Analysis Table
EM
DRAFT RESOLUTION
WITH ATTACHMENT
1537 MONROVIA AVENUE
EXHIBIT A
GENERAL PLAN AMENDMENT NO. GP2011 -005
(PA2011 -082 )
ATTACHMENT No. CC 1
19
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENT TO THE LAND
USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE
LAND USE DESIGNATION FROM MULTI -UNIT RESIDENTIAL
TO GENERAL INDUSTRIAL (IG -0.50) FOR PROPERTY
LOCATED AT 1537 MONROVIA AVENUE (PA2011 -082)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On October 7, 1979, the City Council annexed the County Triangle, portions of which
were developed with industrial buildings and uses, and located at that time in the M -1-
A Zoning District, on the property located at 1537 Monrovia Avenue.
2. 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 "),
3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008-
05) that 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.
4. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Title 20) bringing consistency between the Zoning Code and the Land Use
Element of the General Plan. The result of that action rendered numerous properties
nonconforming, with existing commercial buildings and uses located within residential
districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties
are subject to abatement.
5. An application was filed by Allred Newport LLC, with respect to the subject property
located at 1537 Monrovia Avenue requesting approval of amendments to the General
Plan and the Zoning Code to change the land use from multi - residential to industrial -use.
6. The subject property is currently located within the Multi -Unit Residential (RM) Zoning
District and the General Plan Land Use Element category is Multi -Unit Residential Land
Use (RM).
7. The recommended change of the General Plan designation of 1537 Monrovia Avenue is
from Multi -Unit Residential (RM 2420) to General Industrial (IG -0.50 FAR).
20
Resolution No.
Page 2 of 6
8. The recommended change of the Zoning District designation of 1537 Monrovia Avenue
is from Multi -Unit Residential (RM 2420) to Industrial (IG- 0.50 FAR).
9. 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 City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (AM or PM),
adds 40,000 square feet or more of non - residential floor area (current proposal is for
an additional 24,821 square feet, when combined with GP2011 -006 floor area will total
38,253 sq. ft.), or adds more than 100 dwelling units in a statistical area.
10. This is the first General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. A reduction in the number of dwelling units and the
increase in non - residential floor area (16,790 sq. ft.) result in an increase of 11.1 A.M.
peak hour trips and an increase of 9.8 P.M. peak hour trips based on the
nonresidential, commercial and residential housing trip rates reflected in Council Policy
A -18. As none of the four thresholds that require a vote pursuant to Charter Section
423 are exceeded, no vote of the electorate is required.
11. A public hearing was held by the Planning Commission on July 21, 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. The Planning Commission adopted
Resolution No. 1851 recommending to the City Council approval of the amendments.
12. A public hearing was held by the City Council on September 13, 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 City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 2 (Replacement or
Reconstruction).
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
21
Tmplt: 04/14/10
Resolution No.
Page 3 of 6
3. 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.
SECTION 3. FINDINGS.
The amendment will provide for continuation of existing uses that are compatible with
the existing and future surrounding institutional uses (Carden Hall Private School and
Coast Community College District).
2. The amendment is consistent with the goals and policies of the General Plan, in
particular Policy LU 3.3, Opportunity for change, which will provide opportunities for
improved development and enhanced environments for residents in the West Newport
Mesa Area. The re -use of underperforming commercial and industrial properties for
offices and other uses that support Hoag Hospital's medical activities, improvement of
remaining industrial properties adjoining the City of Costa Mesa, accommodation of
non -water marine - related industries, and will not conflict with the future development of
residential in proximity to jobs and services.
3. The existing building and uses, and future development of the property affected by the
amendments are consistent with the goals and policies of the General Plan, in
particular, Policies LU 6.7.1 and LU 6.7.2, since the subject properties are currently
developed with industrial buildings that can accommodate the type of small -scale
incubator industries called for by Policy LU 6.7.1. The future use of the subject
properties as boat and/or recreational vehicle storage is consistent with Policy LU
6.7.2, compatible with the abutting institutional uses, and consistent with the purpose
and intent of the IG -0.50 zoning district of the Newport Beach Municipal Code.
4. The amendment will provide opportunities for small light industrial or office businesses
to continue where there are limited numbers of available sites elsewhere in the City.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1, The City Council of the City of Newport Beach hereby approves General Plan
Amendment No. GP2011 -005, changing the designation from Multi -Unit Residential
22
Tmplt: 04/14/10
Resolution No.
Page 4 of 6
(RM 2420) to General Industrial (IG -0.50 FAR), affecting 1537 Monrovia Avenue,
Statistical Area A2, legally described as Portion of Lot 1015 (Attachment Exhibit A).
2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless 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, judgments, fines; penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Monrovia Ave Amendments (PA2011 -082)
including, but not limited to, General Plan Amendment No. GP2011 -005. 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. The applicants shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicants shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
September 13, 2011, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
23
Tmpll: 04/14/10
Resolution No.
Page 5 of 6
EXHIBIT A
GENERAL PLAN AMENDMENT NO. GP2011 -005
(PA2011 -082)
Tmpft: 04114110 24
V.
la:
Existing Land Use:
Multiple -Unit Residential (RM) Proposed Land Use: FAR
General Industrial (IG-0.5 FAR)
RM
OS
RM
lft�I
Resolution No.
Page 6 of 6
IG 0.75 FAR 13
W*
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GP2011.OWN u J yMu
GP2011 -005 (PA2011 -082)
General Plan Amendment
1537 MoraW Avenue
C o -M
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rmplt: 04/14110 25
DRAFT RESOLUTION
WITH ATTACHMENT
1539 MONROVIA AVENUE
EXHIBIT A+
GENERAL PLAN AMENDMENT NO. GP2011 -006
(PA2011 -105)
wak
26
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENT TO THE LAND
USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE
LAND USE DESIGNATION FROM MULTI -UNIT RESIDENTIAL
TO GENERAL INDUSTRIAL (IG -0.50) FOR PROPERTY
LOCATED AT 1539 MONROVIA AVENUE (PA2011 -105)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On October 7, 1979, the City Council annexed the County Triangle, portions of which
were developed with industrial buildings and uses, and located at that time in the M -1-
A Zoning District, on the property located at 1539 Monrovia Avenue.
2. 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 ").
3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008-
05) that 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.
4. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Title 20) bringing consistency between the Zoning Code and the Land Use
Element of the General Plan. The result of that action rendered numerous properties
nonconforming, with existing commercial buildings and uses located within residential
districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties
are subject to abatement.
5. An application was filed by Dvorak & Payne LTD, with respect to the subject property
located at 1539 Monrovia Avenue requesting approval of amendments to the General
Plan and the Zoning Code to change the land use from multi - residential to industrial -use.
6. The subject property is currently located within the Multi -Unit Residential (RM) Zoning
District and the General Plan Land Use Element category is Multi -Unit Residential Land
Use (RM).
7. The recommended change of the General Plan designation of 1539 Monrovia Avenue is
from Multi -Unit Residential (RM 2420) to General Industrial (IG -0.50 FAR).
27
Resolution No.
Page 2 of 6
8. The recommended change of the Zoning District designation of 1539 Monrovia Avenue
is from Multi -Unit Residential (RM 2420) to Industrial (IG- 0.50 FAR).
9. 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 City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (AM or PM),
adds 40,000 square feet or more of non - residential floor area (current proposal is for
an additional 24,821 square feet, when combined with GP2011 -005 floor area will total
38,253 sq. ft.), or adds more than 100 dwelling units in a statistical area.
10. This is the second General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. The cumulative results that include 80% of the increase
of the prior amendment under consideration at 1537 Monrovia Avenue (GP2011 -005)
further reduces the number of dwelling units and increases the non - residential floor
area result in an overall increase of 27.1 A.M. peak hour trips and an overall increase
of 23.8 P.M. peak hour trips based on the nonresidential, commercial and residential
housing trip rates reflected in Council Policy A -18. As none of the four thresholds that
require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate
is required.
11. A public hearing was held by the Planning Commission on July 21, 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. The Planning Commission adopted
Resolution No. 1852 recommending to the City Council approval of the amendments.
12. A public hearing was held by the City Council on September 13, 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 City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 2 (Replacement or
Reconstruction).
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
28
Tmplt: 04/14/10
Resolution No.
Page 3 of 6
use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
3. 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.
SECTION 3. FINDINGS.
The amendment will provide for continuation of existing uses that are compatible with
the existing and future surrounding institutional uses (Carden Hall Private School and
Coast Community College District).
2. The amendment is consistent with the goals and policies of the General Plan, in
particular Policy LU 3.3, Opportunity for change, which will provide opportunities for
improved development and enhanced environments for residents in the West Newport
Mesa Area. The re -use of underperforming commercial and industrial properties for
offices and other uses that support Hoag Hospital's medical activities, improvement of
remaining industrial properties adjoining the City of Costa Mesa, accommodation of
non -water marine - related industries, and will not conflict with the future development of
residential in proximity to jobs and services.
3. The existing building and uses, and future development of the property affected by the
amendments are consistent with the goals and policies of the General Plan, in
particular, Policies LU 6.7.1 and LU 6.7.2, since the subject properties are currently
developed with industrial buildings that can accommodate the type of small -scale
incubator industries called for by Policy LU 6.7.1. The future use of the subject
properties as boat and /or recreational vehicle storage is consistent with Policy LU
6.7.2, compatible with the abutting institutional uses, and consistent with the purpose
and intent of the IG -0.50 zoning district of the Newport Beach Municipal Code.
4. The amendment will provide opportunities for small light industrial or office businesses
to continue where there are limited numbers of available sites elsewhere in the City.
SECTION 4. DECISION.
NOW THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach hereby approves General Plan
Amendment No. GP2011 -006, changing the designation from Multi -Unit Residential
29
Tmplt: 04/14/10
Resolution No.
Page 4 of 6
(RM 2420) to General Industrial (IG -0.50 FAR), affecting 1539 Monrovia Avenue,
Statistical Area A2, legally described as Portion of Lot 1015 (Attachment Exhibit A).
To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless 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, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Monrovia Ave Amendments (PA2011 -105)
including, but not limited to, General Plan Amendment No. GP2011 -006. 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. The applicants shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicants shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
September 13, 2011, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST.
CITY CLERK
Tmplt: 04/14/10 30
Resolution No.
Page 5 of 6
EXHIBIT A
GENERAL PLAN AMENDMENT NO. GP2011 -006
(PA2011 -105 )
Tmplt 04/14/10 31
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GP2011 -006 (PA2011 -105)
General Plan Amendment
1539 Monrovia Avenue
Resolution No.
Page 6 of 6
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Tmplt: 04/14/10 32
DRAFT ORDINANCE
WITH ATTACHMENTS
EXHIBIT A
(ZONING CODE AMENDMENT CA2011 -008)
1537 MONROVIA AVENUE
(PA2011 -082)
(ZONING CODE AMENDMENT CA2011 -009)
1539 MONROVIA AVENUE
(PA2011 -105)
ATTACHMENT No. CC 3
33
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A ZONING CODE
AMENDMENT TO CHANGE THE ZONING DESIGNATION OF
PROPERTIES LOCATED AT 1537 AND 1539 MONROVIA
AVENUE (PA2011 -082 AND PA2011 -105)
WHEREAS, applications were filed by Allred Newport LLC, with respect to the
property located at 1537 Monrovia Avenue; and Dvorak & Payne LTD, with respect to the
property located at 1539 Monrovia Avenue, requesting approval of amendments to the
General Plan and the Zoning Code to change the land use designation from multi -unit
residential to general industrial; and
WHEREAS, on July 21, 2011, the Planning Commission conducted a public
hearing 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 and Brown Act. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this meeting;
and
WHEREAS, at the July 21, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (4 ayes, 0 noes, 3 absent),
forwarded a recommendation to the City Council to approve the proposed Zoning
Code Amendments; and
WHEREAS, the subject properties are located within the Multi -Unit Residential (RM
2420) Zoning District and the General Plan Land Use Element category is Multi -Unit
Residential Land Use (RM).; and
WHEREAS, The amendment of the Land Use Element of the General Plan will
provide consistency with the proposed code amendment to change the zoning of the
subject property from the Multi -Unit Residential (RM 2420) zoning designation to the
General Industrial (IG 0.50) zoning designation.
WHEREAS, the existing building and use, and future development of the subject
property affected by the proposed amendment 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 IG 0.50 (General Industrial 0.50 FAR) zoning district of the
Newport Beach Municipal Code; and
WHEREAS, 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
34
ORDINANCE NO. _
Page 2
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.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release 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,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
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, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A"
attached hereto and incorporated by reference to change the zoning district of the
subject properties from RM 2420 (Multi -Unit Residential) to IG 0.50 (General Industrial
0.50 FAR), with all other provisions of the existing Zoning Map remaining unchanged.
SECTION 2: 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, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The proposed
amendments are exempt since they do not entail any significant alternation to the
subject property and are essentially bringing the General Plan Land Use designation
and Zoning District to be consistent with the existing use of the buildings located on the
subject properties involved.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its adoption.
35
ORDINANCE NO.
Page 3
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 13th day of September, 2011, and adopted on the 27th
day of September, 2011, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MICHAEL F. HENN, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
DAVID R. HUNT, CITY ATTORNEY
36
ORDINANCE NO. _
Page 4
ORDINANCE ATTACHMENT
EXHIBIT A
(ZONING CODE AMENDMENT CA2011 -008)
1537 MONROVIA AVENUE
(PA2011 -082)
(ZONING CODE AMENDMENT CA2011 -009)
1539 MONROVIA AVENUE
(PA2011 -105)
37
ORDINANCE NO.
Page 5
L. �J[
CA2011 -008 (PA2011 -082)
Zoning Code Amendment
1537 Monrovia Avenue
G2ottme.mm Jt1yl10tt
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ORDINANCE NO.
Page 6
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CA2011-009 (PA2011-105) Fec4
Zoning Code Amendment
1539 Monrovia Avenue
39
RELEVANT INFORMATION:
i 67 c Z i I ► � i [ � 7 � I : Z � ] �I I:�: \ �l � � l � 1
FOR PA2011 -082
GP2011 -005
CA2011 -008
ATTACHMENT No. CC 4
SUBJECT PROPERTY: 1537 MONROVIA AVENUE
41
SUBJECT PROPERTIES: 1537 & 1539 MONROVIA AVENUE
42
43
RELEVANT INFORMATION:
1539 MONROVIA AVENUE
FOR PA2011 -105
GP2011 -006
CA2011 -009
ATTACHMENT No. CC 5
Ell
Attachment to Planning Permit Application (Zone Change ) 1539
Monrovia Avenue Newport Beach CA dated Tune 1 2011
This property has functioned as a successful industrial park since 1973
Because of the extremely narrow width o:fthe lot -it is only 90 feet wide -
along with a depth of 575 feet, it would be completely difficult to create an
attractive and functional multi -unit residential development as required by
the new zoning.
Present structure is a concrete tilt -up, single story structure, 24,000 square
feet, that provides more than required code parking, landscaped borders, and
an efficient, attractive location for up to 23 local companies.
This property, along with another small industrial landlocked property (1537
Mglll'OVia) is a small island surrounded by educational facilities. We have
Carden Hall, a private School, abutting one long property line, the new
Community College campus on the other. Although our present use as a
small industrial park is forgiving to the various problems inherent to the
school use, i.e., playground noise, multi -unit residential on our property
would be constantly subjected to these issues. Residential users would not be
so understanding and I believe there would be constant tension and problems
for the folks living on this 75 foot - wide sliver between two campuses.
Parking and traffic is going to be a major problem when the Community
college is up and running. Because of its "State status ", the college does not
have to comply with Newport Beach parking standards and this area will be
subject , I believe, to substantial parking stress. Also, Cardin Hall does
create considerable congestion several times per day during student pick -up
and delivery although it is managed by them very well,
Our existing building has a clean, contemporary presence that blends nicely
with file existing school and will be compatible with the new one,
Apartments would create a discordant island, freakishly narrow, and small.
With a minimum of problems, this location has provided scarce space for
many business's that providejobs and vitality for the community. We
believe -given the pending envelopment by educational campuses -that the
Present use is the most feasible for this property.
45
Garcia, Jay
To: Garcia, Jay
Subject: FW 1537 -1539 Monrovia Applications
- - - -- Original Message---- -
From: Jim ogle fmailto:iwogleftacbell.netl
Sent: Wednesday, July 13, 2011 1:52 PM
To: Garcia, Jay
Cc: David Dvorak
Subject: Re: 1537 -1539 Monrovia Applications
HI Jay- I called Carden Hall yesterday, they thought Mr. Jones was on vacation but would call
his home to check. He has not called me, so he must be out of town.
I have had a couple of phone conversations with Mr. Jones, regarding our application for a
rezone back to General Industrial. He wasn't aware that our property had been rezoned to
multi - residential. He expressed concern about the compatibility that a residential
development would have on the school and how the school might create problems for the
residents, such as schoolyard noise, class period bells and school functions, etc. He did
state that our property and the school has coexisted peaceably for 40+ years, with no issues
between our general industrial tenants and the school activities. He said he would be in
favor of our property being rezoned to General Industrial to maintain the environment that
has existed for the past 40 years.
Please let me know if you need anything else.
Jim Ogle
Ogle Real Estate Services
1570 E. Edinger Ave., #12
Santa Ana, CA 92705
714/558 -7211 (o)
714/558 -7850 (f)
iwoplei@pacbell.net
1 46
r
a 1
rig
SUBJECT PROPERTY: 1539 MONROVIA AVENUE
CARDEN HALL PROPERTY: 1541 MONROVIA AVENUE
@ NORTHERLY BOUNDARY ADJACENT INDUSTRIAL PROPERTY 47
SUBJECT PROPERTIES: 1537 & 1539 MONROVIA AVENUE
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PLANNING COMMISSION
STAFF REPORT, DATED JULY 21, 2011
(PA2011 -082 and PA2011 -105)
ATTACHMENT No. CC 6
50
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 21, 2011 Hearing
Agenda Item 4
SUBJECT: Monrovia Ave Amendments:
1537 Monrovia Avenue (PA2011 -082)
■ General Plan Amendment No. GP2011 -005
■ Code Amendment No. CA2011 -008
1539 Monrovia Avenue (PA2011 -105)
■ General Plan Amendment No. GP2011 -006
■ Code Amendment No. CA2011 -009
APPLICANTS: Allred Newport LLC, and Dvorak & Payne LTD
PLANNER: Javier S. Garcia AICP, Senior Planner
(949) 644 -3206, jgarcia @newportbeachca.gov
PROJECT SUMMARY
Amendments to the General Plan and Zoning Map to change the designation of the
subject properties from Multi -Unit Residential [(RM (2420)] to IG 0.50 FAR (General
Industrial) land use designations; and to change the zoning designation from Multi -Unit
Residential (RM) to Industrial 0.50 FAR (IG 0.50) zoning district. The amendments were
initiated by the property owners who seek to continue the existing nonconforming
industrial uses of the properties. The properties are currently developed with a light
industrial use buildings, and no new land uses or development is proposed at this time.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits
recommending the City Council:
• Approve General Plan Amendment No. GP2011 -005; and
• Approve Code Amendment No. CA2011 -008.
3) Adopt Resolution No. _ (Attachment No. PC 2) and attached Exhibits
recommending the City Council:
• Approve General Plan Amendment No GP2011 -006;
• Approve Code Amendment No. CA2011 -009.
51
Monrovia Avenue Amendments
July 21, 2011
Page 2
VICINITY MAP
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GENERAL PLAN: ZONING:
RM (Multi -Unit Residential) RM (2420) (Multi -Unit Residential)
1537 MONROVIA AVENUE and to to
1539 MONROVIA AVENUE IG -0.50 General Industrial IG -0.50 Industrial
SURROUNDING USES:
North, PI (Private Institution) PI (Private Institution)
South, East, and RM RM (2420)
(Multi -Unit Residential) (Multi -Unit Residential)
West I Open S ace- Banning Ranch Specific Plan — Bannina Ranch
52
Monrovia Avenue Amendments
July 21, 2011
Page 3
INTRODUCTION
Project Settinq
The two subject properties are located on the west side of Monrovia Avenue in the West
Newport Mesa Area. Both are designated by the Land Use Element of the General Plan
and the Zoning Code for Multi -Unit Residential use. The subject properties are bounded
on the north by Carden Hall Private School; and to the south by the Coast Community
College District project that began construction in 2010. To the west, abutting the subject
properties is vacant land designated for open space by the Banning Ranch Planned
Community District. To the east across Monrovia Avenue is a mobile home park that is
currently designated and zoned for Multi -Unit Residential uses (RM); and industrial uses
on Production Place that are located on properties designated and zoned for industrial
uses (IG).
The subject property located at 1537 Monrovia Avenue has a land area of approximately
33,580 square feet and is currently occupied by two light industrial buildings and uses
(totaling 15,000 square feet) that are nonconforming with the General Plan and the
Zoning Code (Photos and Relevant Information in Attachment PC4). Current intensity of
the existing buildings is approximately 0.45 FAR and is used for an art and framing use
in the smaller building; and support facilities associated with Toes on the Nose that
include shipping and distribution center in the larger building at the rear of the property.
The subject property located at 1539 Monrovia Avenue has a land area of approximately
49,642 square feet and is currently occupied by a 24,000 square foot, single -story, light
industrial /warehouse building and uses that are nonconforming with the General Plan
and the Zoning Code. The applicant has also provided the attached statement in support
of the application (Photos and Relevant Information in Attachment PC5). Current
intensity is approximately 0.50 FAR and the building is occupied by various storage,
service businesses, and light industrial uses with related offices.
Background
The West Newport Mesa Area of the City, more specifically known as the County
Triangle, was annexed to the City of Newport Beach in October 1979.
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 "). In conjunction with the update, the land use designation of the subject
properties was changed from industrial to residential.
On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, 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
53
Monrovia Avenue Amendments
July 21, 2011
Page 4
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
was effective November 25, 2010.
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 result of that action rendered
several properties nonconforming, including the subject properties, which in accordance
with Ordinance No. 2008 -05 became subject to abatement.
The subject application does not include a specific project for development on either
property at this time. The proposed land use changes would allow the retention of the
existing land use and allow for future development in accordance with the standards of
the proposed zoning district.
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan and Zoning Code are legislative acts.
Neither City nor State Planning Law sets forth required findings for approval or denial of
such amendments. However, when making a recommendation to the City Council, the
Planning Commission should consider applicable policies and development standards to
ensure internal consistency.
Neighborhood Compatibility
Staff believes that the current activities at the subject properties will be compatible with
the adjacent neighboring institutional uses and the current mobile home park and future
multi - residential uses across Monrovia Avenue. Those activities include the following:
1537 Monrovia Ave, the applicant has submitted the following information.
Main Building (11,000 sq. ft.) at the rear of the property:
1. Design, distribution, administration and support of retail surf shops and
schools.
2. Lease space to other distributors of footwear, handbags, sweaters and a
wholesale wine distributor.
3. A small internal assembly shop, for the Toes on the Nose, that makes retail
signs and displays, totals 600 sq. ft. interior space.
The small building (4,000 sq. ft.) at the front of the property:
4. Fine antique sales to designers,
5. picture framing and
6. custom art.
54
Monrovia Avenue Amendments
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Page 5
1539 Monrovia Avenue is comprised of 24 individual tenant spaces of 1,000 to 1,500
square feet each. Those tenants include such things as: carpet installer warehouse and
office, various service uses and storage related facilities and other light industrial and
storage /warehouse uses.
The Carden Hall Private School was established in 1961 when it was a part of the
County Triangle and annexed to Newport Beach in 1979. Upon annexation, the school
was bounded to the north, south and east across Monrovia Avenue by industrial
buildings and uses. The light industrial and warehouse uses to the south have not been
detrimental to the school use. The northerly side of the building located at 1539 Monrovia
Avenue (Dvorak Property) has a blank building wall on the property line with no window
or door openings facing the school. This has allowed the school to utilize the building
wall for such outdoor activities such as handball courts. The owner of 1539 Monrovia
Avenue, which abuts Carden Hall (private school to the north) has spoken with the
headmaster about the proposed amendment. The owner indicated that it was the
headmaster's opinion that the existing light industrial building, with the blank wall facing
the school, is not detrimental to the school operation. Also the introduction of multi -unit
residential has the potential to cause compatibility issues related to noise and traffic,
which could be detrimental to occupants and users of both properties. Residential traffic
could have a detrimental effect on the school - related drop -off traffic in the morning and
afternoons when school is in session.
The Coast Community College District project, located to the south of the 1537 Monrovia
Avenue property (Allred Newport LLC), is currently under construction, which began in
latter part of 2010. The community college project will create an adult education facility
that will include daytime and evening classes. The existing light industrial and warehouse
uses that have been in place since the early 1970's are not anticipated to be detrimental
to the activities associated with the college. It is anticipated that there may be some
complementary or synergistic opportunities between the two uses related to jobs,
internships or possibly hands -on activities associated with the college classes. Staff
believes that potential future multi -unit residential use, as currently designated by the
General Plan and Zoning Map, that is sandwiched between two institutional uses could
be negatively impacted by the traffic associated with the college project by students
attending daytime and evening. Parking could also become an issue if the parking
provided for students cannot be adequately accommodated on the college campus,
which could result in overflow parking near a potential future residential project. Finally,
there is potential for noise related impacts on adjacent residential uses by college related
traffic in the evening hours after 10 pm or possibly later.
Seacliff Mobile Home Park is located across Monrovia Avenue and is designated by the
General Plan for multi -unit residential land use. The current on site uses and the
residential mobile home park have been in existence since before annexation into the
City. The current industrial uses which are proposed to continue are not anticipated to
create any incompatibility.
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Monrovia Avenue Amendments
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Page 6
Located to the west of the subject properties is the Banning Ranch Specific Plan area
that is currently vacant. The current proposal under consideration would place a
community park adjacent to the sites. It is anticipated that neither an active or passive
park use adjacent to the subject properties will be adversely affected by the existing or
any proposed future industrial uses that may occupy the subject properties.
\
i
I II
I
N
W + E
S
General Plan
0 150 300
Feet
The Land Use designation of the subject properties prior to the adoption of the current
General Plan was for a mixture of General Industry, Retail and Service Commercial, and
Administrative, Professional and Financial Commercial land use which reflected the
existing development patterns. The permitted Floor Area Ratio (FAR) was variable
0.5010.75, with 0.50 as the base allocation. The 0.75 FAR was an upper limit that was
56
Monrovia Avenue Amendments
July 21, 2011
Page 7
subject to discretionary review requirements. The recommended 0.50 FAR for the
proposed amendments is consistent with the base FAR limitation of the prior General
Plan.
The proposed IG designation is intended to provide for the development of properties for
a wide -range of moderate to low- intensity industrial uses, such as light manufacturing
and research and development and limited ancillary commercial and office uses, with a
maximum floor area to land area ratio (FAR) of 0.50 is recommended. Although the IG
designated sites located on Production Place have a General Plan FAR of 0.75, staff is
of the opinion that an FAR of 0.50 is appropriate for the subject properties. The 0.50
limitation is consistent with the amount of existing gross floor area currently constructed
on the 1539 Monrovia Avenue property and will allow for a modest increase on the 1537
Monrovia Avenue property. IG designated sites may also be developed exclusively for
retail or offices in accordance with the list of permitted uses provided in the Zoning Code.
In considering the proposed General Plan Amendment, the Planning Commission should
consider the following Land Use Element policy:
Policy LU 3.3 - Opportunities for Change states in part as follows:
(Newport Beach General Plan, pp. 3 -9)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors...
• West Newport Mesa: re -use of underperforming commercial and industrial
properties for offices and other uses that support Hoag Hospital's medical
activities, improvement of remaining industrial properties adjoining the City of
Costa Mesa, accommodation of nonwater marine - related industries, and
development of residential in proximity to jobs and services.
The amendments will provide continued use of the buildings for light industrial use as
currently designed in furtherance of the policy. Approval of the amendment will allow the
continuation of the existing industrial use development that would not be subject to
abatement and therefore avoid the near term result of creating vacant buildings on
Monrovia Avenue. The presence of vacant storefronts has the opposite effect of
revitalization.
Goal LU 6.7
A general industrial district that transitions between the Hoag Hospital medical and
residential community and industrial uses in the City of Costa Mesa, providing
opportunities for needed uses that cannot be accommodated elsewhere in Newport
Beach.
Policy LU 6.7.1 Primary Uses
Encourage the development of small -scale incubator industries.
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Monrovia Avenue Amendments
July 21, 2011
Page 8
Policy LU 6.7.2 Marine Based Businesses
Encourage and provide incentives for the relocation of marine -based Newport Beach
businesses, including boat storage and recreational vehicles, to properties retained
for industrial purposes.
The proposed amendments do not conflict with Goal 6.7. The development of the Coast
Community College District Learning Center south of the subject properties has
precluded a significant portion of the possible residential development envisioned for the
west side of Monrovia Avenue. The proposed amendments will provide opportunities for
small light industrial or office businesses to continue where there are limited numbers of
available sites elsewhere in the City. Furthermore, the proposed amendments are
consistent with Policies LU 6.7.1 and LU 6.7.2. The subject properties are already
developed with industrial buildings that can accommodate the type of small -scale
incubator industries called for by Policy LU 6.7.1. Future use of the subject properties as
boat and /or recreational vehicle storage would be consistent with Policy LU 6.7.2 and
would provide an industrial use that is compatible with the abutting institutional uses.
Housing Element
The sites if redeveloped with housing at the maximum density allowed by the current
General Plan would be 33 dwelling units. The reduction in housing potential should these
amendments be approved is not significant given the anticipated housing production
within other areas of the city such that the approval will not impede the city's ability to
achieve housing production goals as set forth by Southern California Area of
Governments (SCAG).
Zoning Code
The IG Zoning District is intended to provide for areas appropriate for a wide range of
moderate to low- intensity industrial uses (e.g., light manufacturing and research and
development) and limited accessory commercial and office uses. The IG district allows
development of industrial projects with a maximum floor area ratio (FAR) ranging from
between 0.25 to 0.75. In this particular case, staff recommends an FAR limitation of 0.50
FAR which is consistent with the existing development on the subject properties and
avoids a vote of the electorate pursuant to Measure S (Charter Section 423). The
applicants have been advised of this recommendation and have raised no objections.
Residential uses are not allowed.
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and zoning
designation is critical to ensure orderly development and enforcement. With regard to the
subject property, existing industrial development would conform to the standards of the
proposed IG Zoning District; the continued industrial uses would be allowed without
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Monrovia Avenue Amendments
July 21, 2011
Page 9
abatement. Future new development would require conformance with applicable
development and parking standards.
Under the existing RM (2420) zoning designation, the 1537 Monrovia Avenue property
could be developed with a maximum of 13 dwelling units and would require a total of 20
parking spaces; and the 1539 Monrovia Avenue property could be developed with a
maximum of 20 dwelling units and would require 50 parking spaces. The main purpose
of the requested amendment is to maintain the existing industrial use development.
The charts below demonstrate how the subject properties could be developed under the
recommended intensity allowance and the maximum intensity allowance for IG zoning
designation, and minimum parking requirements for each. The parking requirement for
industrial development is one (1) space for every 1,000 square feet of gross floor area.
Recomended IG desianation:
Industrial Use 0.50 FAR
Parkin
Lot Area
Maximum FAR
Minimum
1537 Monrovia Ave
33,580 sf
16,790 sf
17
1539 Monrovia Ave
49,642 sf
(0.50 FAR)
(16,790 sf
Total
83,222 sf.
62,416 sf.
64 spaces
1/1,000
1539 Monrovia Ave
49,642 sf
24,821 sf
25
(0.50 FAR)
(24,821 sf
1/1,000)
Total
83,222 sf.
41,611 sf.
42 spaces
Maximum Allowed IG designation-
Industrial Use 0.75 FAR
Parkin
Lot Area
Maximum FAR
Minimum
1537 Monrovia Ave
33,580 sf
25,185 sf
0.75 FAR
26
25,185 sf 111,000
1539 Monrovia Ave
49,642 sf
37,231 sf
0.75 FAR
38
(37,231 sf 1/1,000)
Total
83,222 sf.
62,416 sf.
64 spaces
As demonstrated, under the recommended maximum industrial intensity allowance (0.5
FAR) the subject properties could be developed with up to 16,790 and 24,821 square
feet of industrial development, respectively. The total of all existing building currently
located on the subject properties will comply with the 0.50 FAR limitation recommended.
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed general plan amendment (if approved)
requires a vote by the electorate. The proposed amendment would be combined with 80
percent of the increases in traffic, dwelling units and non- residential floor area created by
previous general plan amendments (approved within the preceding 10 years) within the
same statistical area. However, since there have been no previous amendments within
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Monrovia Avenue Amendments
July 21, 2011
Page 10
this statistical area, only the change as apply to these amendment are provided in Table
1. The following thresholds are applicable: 100 dwelling units, 100 A.M. peak hour trips,
100 P.M. peak hour trips, or 40,000 square feet of non - residential floor area. If any of the
thresholds are exceeded and the City Council approves the requested General Plan
Amendments, the amendments would be classified as a "major amendment' and be
subject to voter consideration. Approved amendments, other than those approved by the
electorate, are tracked for 10 years and factored into the analysis of future amendments
as indicated.
Table 1, summarizes the increase in area, peak hour traffic (A.M. and P.M.) and
reduction in the number of dwelling units created by the proposed amendments with the
recommended IG designation at 0.50 FAR. The increases indicated in the table are
based upon the city taking action on each amendment request separately and
sequentially, where only 80% of the First Amendment (GP2011 -005) changes are added
to the Second Amendment (GP2011 -006) changes. As indicated, none of the four (4)
thresholds would be exceeded, and therefore, a vote is not required. A more detailed
analysis is attached (Attachment No. PC 6),
Table 1: Charter Section 423 Analysis Summary
Stallstical Area A2
Increased
Increased
Increase in
Increased Floor Area
A.M. Peak Hour
P.M. Peak Hour
Allowed
Trips
Trips
Dwelling Units
Proposed
GP2011 -005
1537 Monrovia Ave
16,790 sq. ft.
11.1
9.8
0
(Action 1)
GP2011 -005 Is a minor amendment.
GP2011 -005
at 80%
13,432 sq. ft.
8.9
7.8
0
Proposed
GP2011 -006
1539 Monrovia Ave
24,821 sq. ft.
16.0
14.0
0
(Action 2)
TOTALS
G
I is permitted)
38,253 sq. ft.
24.9
21.8
0
GP2011 -006 is a minor amendment.
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Monrovia Avenue Amendments
July 21, 2011
Page 11
SB18 Tribal Consultation Guidelines
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 it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that nine (9) tribe contacts should be provided notice regarding the
proposed project. The appropriate tribe contacts supplied by the NAHC were provided
notice on May 19, 2011. Section 65352.3 of 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 project sites are located in a geographic feature (mesa) which has not been
significantly modified during the last century. The Newport Mesa area existed during the
era of Native American settlement and has not been subject to significant landform
alterations. Due to these factors, the City has contacted the nine (9) tribe contacts by
telephone, email, and standard mail, and has not yet received any responses although
the review period remains open. The Planning Commission may recommend the
proposed project to City Council at this time. However, the City Council may not act on
the proposed amendments until the tribe review period is concluded. Given that the sites
are presently developed and that no development is proposed at this time, staff does not
anticipate any conflicts or need for monitoring by the tribes. If any comments are
received from the tribes, they will be forwarded to the City Council for consideration.
Environmental Review
The proposed amendments are exempt since they do not entail any significant alteration
to the subject property and will bring the General Plan Land Use and Zoning District
designations consistent with the present use of the subject property. The sites are
presently developed and no development is proposed at this time for either property
involved, however, future development of the existing property and structures consistent
with the proposed IG designation would be categorically exempt under Section 15302 of
the California Environmental Quality Act (CEQA) Guidelines — Class 2 (Replacement or
Reconstruction).
Summary
The applicants have requested the amendment to allow retention of the existing
industrial buildings and uses. The buildings were constructed in mid 1970's and were
permitted uses at that time consistent with the provisions of the Zoning Code of the
County of Orange. The subject properties are located within the County Triangle which
was annexed in October 1979. The uses have been in existence for nearly thirty -eight
years and its abatement at this time seems contrary to the General Plan Policies that
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Monrovia Avenue Amendments
July 21, 2011
Page 12
promote revitalization of the area. Continuation of these uses and future development
consistent with the IG designation does not appear to conflict with the General Plan.
Staff does not foresee any adverse environmental impacts with continued use or
redevelopment. The approval of the General Plan Amendments to the IG -0.50
designation would not necessitate a vote of the electorate, as required by Section 423 of
the City Charter.
Alternatives
Alternatives to the recommended or applicant proposed amendments could include
disapproval of the request and retention of the existing General Plan and Zoning
designations of Multi -Unit Residential. If it is the desire of the Planning Commission to
disapprove the request in its entirety, the attached resolution for denial is provided
(Attachment No. PC3, 1537 and 1539 Monrovia Avenue). However, such an action
would require abatement of the existing nonresidential use in accordance with the
provisions of the Zoning Code, Section 20.38.100.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the properties, and was posted at the site a minimum of ten days in advance
of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon
the agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Javier . Garcia J P,
Senior Planner
Submi d by:
Jaques Campbell,
P lncipal Planner
ATTACHMENTS
PC 1 Draft Resolution with attached Exhibit, 1537 Monrovia Ave
PC 2 Draft Resolution with attached Exhibit, 1539 Monrovia Ave
PC 3 Draft Resolution Denying the Amendment Requests, 1537 & 1539 Monrovia Ave
PC 4 Relevant Information and Photos for 1537 Monrovia Avenue, PA2011 -082
PC 5 Relevant Information and Photos for 1539 Monrovia Avenue, PA2011 -105
PC 6 Section 423 Analysis Table
P:\Uscrs\PLN\Shwed \PA's \I'As - 2011\I'A2011. 082 \PC Iocnmcros\PA2011 -082 - PC sla0'report 07 -21 -2011 REV.docx
Tmpd: 04/19/11
1_?
62
PLANNING COMMISSION
RESOLUTION NO. 1851
1537 MONROVIA AVENUE
(PA2011 -082)
ATTACHMENT No. CC 7 63
RESOLUTION NO. 1851
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL PLAN AND THE ZONING CODE
TO CHANGE THE LAND USE DESIGNATION FROM MULTI-
UNIT RESIDENTIAL TO GENERAL INDUSTRIAL (IG -0.50) AND
TO CHANGE THE ZONING DISTRICT TO IG -0.50 (INDUSTRIAL),
FOR PROPERTY LOCATED AT 1537 MONROVIA AVENUE
(PA2011 -082)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On October 7, 1979, the City Council annexed the County Triangle, portions of which
were developed with industrial buildings and uses, and located at that time in the M -1-
A Zoning District, on the property located at 1537 Monrovia Avenue.
2. 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 ").
3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008-
05) that 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.
4. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Title 20) bringing consistency between the Zoning Code and the Land Use
Element of the General Plan. The result of that action rendered numerous properties
nonconforming, with existing commercial buildings and uses located within residential
districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties
are subject to abatement.
5. An application was filed by Allred Newport LLC, with respect to the subject property
located at 1537 Monrovia Avenue requesting approval of amendments to the General
Plan and the Zoning Code to change the land use from multi - residential to industrial -use.
6. The subject property is currently located within the Multi -Unit Residential (RM) Zoning
District and the General Plan Land Use Element category is Multi -Unit Residential Land
Use (RM).
®FILE COPY 64
Planning Col ..,fission Resolution No. 1851
Page 2 of 4
7. The recommended change of the General Plan designation of 1537 Monrovia Avenue is
from Multi -Unit Residential (RM) to Industrial General (IG- 0.50).
8. The recommended change of the Zoning District designation of 1537 Monrovia Avenue
is from Multi -Unit Residential (RM) to Industrial (IG- 0.50).
9. 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 City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (AM or PM),
adds 40,000 square feet or more of non - residential floor area, or adds more than 100
dwelling units in a statistical area.
10. This is the first General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. A reduction in the number of dwelling units and the
increase in non - residential floor area (16,790 sq. ft.) result in an increase of 11.1 A.M.
peak hour trips and an increase of 9.8 P.M. peak hour trips based on the
nonresidential, commercial and residential housing trip rates reflected in Council Policy
A -18. As none of the four thresholds that require a vote pursuant to Charter Section
423 are exceeded, no vote of the electorate is required.
11. A public hearing was held on July 21, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 2 (Replacement or
Reconstruction).
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
3. The Planning Commission 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
Tmplt: 04114/10 65
Planning Cor,_.rssion Resolution No 1851
Page c? 4
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
1. The amendment will provide for continuation of existing uses that are compatible with
the existing and future surrounding institutional uses (Carden Hall Private School and
Coast Community College District).
2. The amendment is consistent with the goals and policies of the General Plan, in
particular Policy LU 3.3, Opportunity for change, which will provide opportunities for
improved development and enhanced environments for residents in the West Newport
Mesa Area. The re -use of underperforming commercial and industrial properties for
offices and other uses that support Hoag Hospital's medical activities, improvement of
remaining industrial properties adjoining the City of Costa Mesa, accommodation of
non -water marine - related industries, and will not conflict with the future development of
residential in proximity to jobs and services.
3. The existing building and uses, and future development of the property affected by the
amendments are consistent with the goals and policies of the General Plan, in
particular, Policies LU 6.7.1 and LU 6.7.2, since the subject properties are currently
developed with industrial buildings that can accommodate the type of small -scale
incubator industries called for by Policy LU 6.7.1. The future use of the subject
properties as boat and /or recreational vehicle storage is consistent with Policy LU
6.7.2, compatible with the abutting institutional uses, and consistent with the purpose
and intent of the IG -0.50 zoning district of the Newport Beach Municipal Code.
4. The amendment will provide opportunities for small light industrial or office businesses
to continue where there are limited numbers of available sites elsewhere in the City.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -005, changing the
designation from Multi -Unit Residential (RM) to Industrial General (IG- 0.50); and Code
Amendment No. CA2011 -008 changing the zoning designation from Multi -Unit
Residential (RM) to Industrial (IG- 0.50), affecting 1537 Monrovia Avenue, Statistical
Area A2, legally described as Parcel 1 of Parcel Map 045/24 (Attachment Exhibit A).
2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
Tmplt: 04 /14/10 66
Planning Col, . ission Resolution No 1851
Page 4 of 4
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Monrovia Ave Amendments (PA2011 -082)
including, but not limited to, General Plan Amendment No. GP2011 -005 and Code
Amendment No. CA2011 -008. 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. The applicants shall indemnify the City for ail of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicants shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY, 2011.
AYES: Ameri, Hawkins, Kramer, and Unsworth
NOES: None.
ABSTAIN: None.
ABSENT: Hillgren, Myers, and Toerge
BY: umz t-0, L,A
Ch les Unswoorthh, Chairman
—
BY: w, l�1[Q.t1�"f�
Kimberly Bra t, Ex- Officio Secretary of the Planning Commission
Tmplt: 04/14110 67
PLANNING COMMISSION
RESOLUTION NO. 1852
1539 MONROVIA AVENUE
(PA2011 -105)
ATTACHMENT No. CC 8 68
RESOLUTION NO. 1852
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL PLAN AND THE ZONING CODE
TO CHANGE THE LAND USE DESIGNATION FROM MULTI-
UNIT RESIDENTIAL TO GENERAL INDUSTRIAL (IG -0.50) AND
TO CHANGE THE ZONING DISTRICT TO IG -0.50 (INDUSTRIAL),
FOR PROPERTY LOCATED AT 1539 MONROVIA AVENUE
(PA2011 -105)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On October 7, 1979, the City Council annexed the County Triangle, portions of which
were developed with industrial buildings and uses, and located at that time in the M -1-
A Zoning District, on the property located at 1539 Monrovia Avenue.
2. 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 ").
3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008-
05) that 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.
4. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Title 20) bringing consistency between the Zoning Code and the Land Use
Element of the General Plan. The result of that action rendered numerous properties
nonconforming, with existing commercial buildings and uses located within residential
districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties
are subject to abatement.
5. An application was filed by Dvorak & Payne LTD, with respect to the subject property
located at 1539 Monrovia Avenue requesting approval of amendments to the General
Plan and the Zoning Code to change the land use from multi - residential to industrial -use.
6. The subject property is currently located within the Multi -Unit Residential (RM) Zoning
District and the General Plan Land Use Element category is Multi -Unit Residential Land
Use (RM).
FILE COPY 69
Planning Coi ..Mission Resolution No. 1852
Page 2 of 4
7. The recommended change of the General Plan designation of 1539 Monrovia Avenue is
from Mufti -Unit Residential (RM) to General Industrial (IG- 0.50).
8. The recommended change of the Zoning District designation of 1539 Monrovia Avenue
is from Mufti -Unit Residential (RM) to Industrial (IG- 0.50).
9. 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 City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (AM or PM),
adds 40,000 square feet or more of non - residential floor area (current proposal is for
an additional 24,821 square feet, when combined with GP2011 -005 floor area will total
38,253 sq. ft.), or adds more than 100 dwelling units in a statistical area.
10. This is the second General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006- The cumulative results that include 80% of the increase
of the prior amendment under consideration at 1537 Monrovia Avenue (GP2011 -005)
further reduces the number of dwelling units and increases the non - residential floor
area result in an overall increase of 27.1 A.M. peak hour trips and an overall increase
of 23.8 P.M. peak hour trips based on the nonresidential, commercial and residential
housing trip rates reflected in Council Policy A -18. As none of the four thresholds that
require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate
is required.
11. A public hearing was held on July 21, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 2 (Replacement or
Reconstruction).
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
3. The Planning Commission 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 attomeys' fees in such challenges.
Tmplt: W14110 70
Planning Cor,..Assion Resolution No. 1852
Page 3 of 4
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.
SECTION 3. FINDINGS.
1. The amendment will provide for continuation of existing uses that are compatible with
the existing and future surrounding institutional uses (Carden Hall Private School and
Coast Community College District).
2. The amendment is consistent with the goals and policies of the General Plan, in
particular Policy LU 3.3, Opportunity for change, which will provide opportunities for
improved development and enhanced environments for residents in the West Newport
Mesa Area. The re -use of underperforming commercial and industrial properties for
offices and other uses that support Hoag Hospital's medical activities, improvement of
remaining industrial properties adjoining the City of Costa Mesa, accommodation of
non -water marine - related industries, and will not conflict with the future development of
residential in proximity to jobs and services.
3. The existing building and uses, and future development of the property affected by the
amendments are consistent with the goals and policies of the General Plan, in
particular, Policies LU 6.7.1 and LU 6.7.2, since the subject properties are currently
developed with industrial buildings that can accommodate the type of small -scale
incubator industries called for by Policy LU 6.7.1. The future use of the subject
properties as boat and /or recreational vehicle storage is consistent with Policy LU
6.7.2, compatible with the abutting institutional uses, and consistent with the purpose
and intent of the IG -0.50 zoning district of the Newport Beach Municipal Code.
4. The amendment will provide opportunities for small light industrial or office businesses
to continue where there are limited numbers of available sites elsewhere in the City.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -006, changing the
designation from Multi -Unit Residential (RM) to General Industrial (IG- 0.50); and Code
Amendment No. CA2011 -009 changing the designation from Multi -Unit Residential
(RM) to Industrial (IG- 0.50), affecting 1539 Monrovia Avenue, Statistical Area A2,
legally described as Portion of Lot 1015 (Attachment Exhibit A).
Tmplt 04/14/10 71
Planning Co, .fission Resolution No. 1852
Page 4 of 4
2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless 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, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Monrovia Ave Amendments (PA2011 -105)
including, but not limited to, General Plan Amendment No. GP2011 -006 and Code
Amendment No. CA2011 -009. 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. The applicants shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicants shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY, 2011.
AYES: Ameri, Hawkins, Kramer, and Unsworth
NOES: None.
ABSTAIN: None.
ABSENT: Hillgren, Myers, and Toerge
BY: U, X- (z)" 7
Ch les Unsworth, Chairman
BY:
imberly Bran Ex- Officio Secretary of the Planning Commission
Tmplt 04/14/10 72
Excerpt of Planning Commission Minutes,
Dated July 21, 2011
(PA2011 -082)
(PA2011 -105)
ATTACHMENT No. CC 9
73
NEWPORT BEACH PLANNING COMMISSION MINUTES
NOES:
ABSENT(EXCUSEb):
ABSTAIN
None.
Hitlgren,- Myers, and Toerge
None.
07/21/2011
F11 F COPY
Chair Unsworth stated that the decision of the Planning Commission will he final 14 days from
today unless appealed by an interested parry or by a City Council member.
ITEM NO, 4 Monrovia Ave Amendments (PA2011 -082) and (PA2011 -105)
1537 Monrovia Avenue and 1539 Monrovia Avenue
Amendments to the General Plan and Zoning Map to change the designation of the subject
properties from Multi -Unit Residential [(RM (2420)) to IG 0.50 FAR (General Industrial) land use
designations; and to change the zoning designation from Multi -Unit Residential (RM) to
Industrial 0.50 FAR (IG 0.50) zoning district. The amendments were initiated by the property
owners who seek to continue the existing nonconforming industrial uses of the properties. The
properties are currently developed with a light industrial use buildings, and no new land uses or
development is proposed at this time.
A staff report and PowerPoint presentation were provided by Senior PlannerGarcia.
Commissioner Hawkins expressed his concern regarding the lack of a "cushion" in respect to
the threshold for future general plan amendments under Charter Section 423 which would
require voter approval and asked whether other office buildings need a general plan
amendment as well.
In response to questions from Commissioner Hawkins, Mr. Campbell stated that any other
building in that statistical area would have to comply with the threshold and confirmed that the
next General Plan Amendment application within Statistical Area A2 it would push it over the
threshold for requiring voter approval.
Commissioner Hawkins asked whether there are currently any abatement proceedings or any
code enforcement issues at the site.
Mr. Campbell stated that they have contacted a variety of property owners in that statistical
area, the property that they mentioned with the Road and Track building is a commercial use in
a residential district, they, as well as other properties, have been informed of the need to abate
and stated that there is not that much cushion left. He stated that should those property owners
request an amendment to the General Plan to eliminate the non - conformity, any one of those
properties in that area would require a vote. He mentioned that they have other avenues such
as asking for an extension of time which would be heard by the Hearing Officer. He stated that
he is not aware of the exact status of Road and Track but stated that staff put them on notice
and they have not filed any application to date.
Mr. Campbell spoke regarding the 2006 General Plan Amendment and subsequent zoning. He
stated that for the two properties in question as well as other properties in the area, the general
plan and zoning designations were changed from industrial to residential. In 2008, the City
amended the zoning ordinance as it related to the abatement of non - conforming and non-
residential uses in residential zones. He stated that if the applications are approved, the
properties in question would become conforming and they could continue to use the property
under industrial designations.
Page 4 of 6
75
NEWPORT BEACH PLANNING COMMISSION MINUTES 07/21/2011
Chair Unsworth called for Ex Parte Communication reports from the Commission.
Commissioner Hawkins reported that he visited the site.
Chair Unsworth opened the public hearing.
There being no public comments, Chair Unsworth closed the public hearing.
Motion made by Commissioner Hawkins and seconded by Commissioner Kramer, and carried (4
— 0) to move approval as recommended.
AYES: Amen, Hawkins, Kramer. and Unsworth
NOES: None.
ABSENT(EXCUSED): Hillgren, Myers, and Toerge
ABSTAIN: None.
Chair Unsworth stated that the decision of the Planning Commission will be final 14 days from
today unless appealed by an interested party or by a City Council member.
Principal Planner stated that there is no appeal necessary because it is a recommendation to
City Council and it is going to City Council automatically at a future date to be determined.
NEW BUSINESS —None. ZZ
L 'STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 Community Development Director's report. /
Community Develo ent Director Brandt reminded the Planning Com on that the August 4,
2011, meeting will beg at 4:00 p.m. and stated that they an6cipa t" at it will be a rather long
meeting because they ha two large projects that are compli ed with multiple discretionary
requests that will be presence the Commission. She advis a Commission that the Whitacre
project has been appealed and ca up for review to the Council but has not been scheduled
for a public hearing yet. She stated t the Mariners � rite project has been scheduled for City
Council consideration on August 9, 2011. he reported that the City Council Ad Hoc Committee for
Neighborhood Revitalization has appointed n<e erent citizens advisory panels for the different
economic revitalization areas and mentioned t their first meeting will be held on July, 27, 2011 at
4:00 p.m. in the Central Library Conference,Room.
Commissioner Kramer requested mor,6 detail regarding the, h\itacre project appeal.
Mrs. Brandt clarified that the itacre project has been appealed by Mayor Henn and stated that
Mr. Henn asked for a rev' of the application given that it wags split vote of the Planning
Commission and he feat there were some additional items that thety Council should review.
ITEM NO. 6 Announcements on matters that Commission members. would like placed
on a future agenda for discussion, action, or report.
None.
ITEM NO. 7 Request for excused absences.
Page 6 of 6
76
CITY CHARTER
SECTION 423 ANALYSIS TABLE
1537 and 1539 MONROVIA AVENUE
(PA2011 -082)
(PA2011 -105)
ATTACHMENT No. CC 10
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PP R0 0 F OO
F' U LiCA-f I�RI
STATE OF CAL. FORMA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, October 1, 2011
I certify (or declare) under penalty of FAR), zoningedi'strict of
perjury that the foregoing is true and the Newport Beach Mu-
perjury
This'. Ordinance was
correct. adopted by the City
Executed on October 4, 2011
at Los Angeles, California
come final and effective
thirty ;.,(30) days after
adoption.
Dated this 28th day of
JJ ,^, __��__ ,^, September, 2011.
` Z9--v . /s/ ...
Signature Latent ,f. Brown; City
`Clerk
City of Newport Beach
Published Newport
'Beach /Costa 'Mesa Daily
Pilot October 1, 2011