HomeMy WebLinkAbout2011-23 - Approving a Zoning Code Amendment to Change the Zoning Designation of Properties Located at 1537 And 1539 Monrovia Avenue (PA2011-082 and PA2011-105)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
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.
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 13th day of September, 2011, and adopted on the 27th
day of September, 2011, by the following vote, to wit:
AYES, COUNCIL MEMBERSHenn, Hill, Daigle, Selich, Gardner,
RECUSED , COUNCIL MEMBERS Rosansky
ABSENT COUNCIL MEM RS None
MICHAEL F. HENN, MAYOR
ATTEST:
46
LEILANI BROWN, CITY
APPROVED AS TO FOF
AARON C. HARP, CITY ATTORNEY ���I
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)
ORDINANCE NO. 2011 -23
Page 5
*1:11 -3111r_1
i
anzolt-0WSA d Jwy120n
'M
IG 0.75 FAR
%
a
RM 2420
rn
CN
CA2011 -008 (PA2011 -082)
Zoning Code Amendment
1537 Monrovia Avenue
K Y�
OM
r a t_
0 250 500
®t
�= PF
��%L
1
— ',
•sA��+
CA2011-0=Ml0 JAy+2011
ORDINANCE NO. 2011 -23
Page 6
_ w-
IG 0.75 FAR
CA2011 -009 (PA2011 -105)
Zoning Code Amendment
1539 Monrovia Avenue
3
6
Y
s
0 250 500
Feet
N e
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2011 -23 was duly and regularly introduced on the 13th day of September, 2011,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 27th day of September, 2011, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Hill, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Recuse: Rosansky
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of September, 2011.
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2011 -23 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
2011.
Introduced Ordinance: September 17, 2011
Adopted Ordinance: October 1, 2011 �{y�
In witness whereof, I have hereunto subscribed my name this "'" day of16y!/t
d �i'
City Clerk
City of Newport Beach, California