HomeMy WebLinkAbout1852 - RECOMMEND APPROVAL OF AMENDMENTS TO THE LAND USE ELEMENT OF THE GP AND ZONING CODE _1539 MONROVIA AVERESOLUTION 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. 20.08 -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).
Planning Commission Resolution No. 1852
Page 2 of 4
7. The recommended change of the General Plan designation of 1539 Monrovia Avenue is
from Multi -Unit Residential (RM) to General Industrial (IG- 0.50).
8. The recommended change of the Zoning District designation of 1539 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 (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 attorneys' fees in such challenges.
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Planning Commission 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).
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Planning Commission 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:�. ��17
Ch les Unsworth, Chairman
BY: r
Kimberly Bran Ex-Officio Secretary of the Planning Commission
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