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HomeMy WebLinkAbout1863 - RECOMMEND APPROVAL OF AMENDMENTS TO THE LAND USE ELEMENT OF THE GP AND THE ZONING CODE _1419 SUPERIOR AVERESOLUTION NO. 1863 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 (RM 18 DUTAC) TO MEDICAL COMMERICAL OFFICE (CO -M 0.49 FAR) AND TO CHANGE THE ZONING DISTRICT TO OFFICE - MEDICAL (OM 0.49 FAR), FOR PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011- 138) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. In 1957, the County of Orange authorized construction of a medical office building located at 1419 Superior Avenue. 2. The West Newport Mesa area of the City, commonly referred to as the County Triangle, was annexed to the City of Newport Beach October 7, 1979, pursuant to Resolution No. 9647. Portions of the annexation area were developed with multi - family residential units. Upon annexation into the City, the subject property became zoned R- 3. 3. On May 29, 1990, the R -3 zoning designation was changed to MFR (2178) pursuant to adoption of City Council Ordinance No. 90 -24. 4. 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 "). 5. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which established the maximum time period for the abatement and termination of nonconforming uses in residential districts. However, determinations of nonconformity could not be made until the finalization of the City's Local Coastal Plan (LCP), which occurred on July 14, 2009. 6. 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 multiple residential zoning designation of the subject property was changed from Multiple - Family Residential (MFR, 2178) to Multi -Unit Residential (RM 2420). Since the use of the subject property was Planning Commission Resolution No. 1863 Page 2 of 5 medical office in a residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05. 7. On July 11, 2011, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner of the subject property located at 1419 Superior Avenue, requesting approval of amendments to the General Plan and the Zoning Code to change the land use from multi - residential to medical office use. 8. The subject property is currently located within the Multi -Unit Residential (RM 2420) Zoning District and the General Plan Land Use Element category Multi -Unit Residential Land Use (RM 18 DU /AC). 9. The recommended change of the General Plan designation of 1419 Superior Avenue is from Multi -Unit Residential (RM 18 DU /AC) to Office - Medical (OM 0.49 FAR). 10. The recommended change of the Zoning District designation of 1419 Superior Avenue is from Multi -Unit Residential (RM 2420) to Medical Commercial Office (CO -M 0.49 FAR). 11, 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 (a.m. or p.m.), adds 40,000 square feet or more of non - residential floor area or adds more than 100 dwelling units in a statistical area. 12. This is the third General Plan Amendment that affects Statistical Area A2 since the General Plan update in 2006. The cumulative results that include 80 percent of the increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005) and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units ( -31 = 0.0 dwelling units) and increases the non - residential floor area (39,977 square feet), resulting in an overall increase of 40 a.m. peak hour trips and an overall increase of 43 p.m. peak hour trips based on the blended commercial trip rates reflected in Council Policy A -18. As none of the four thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 13. Thirteen parking spaces are provided on the subject site and an additional 33 parking spaces are provided on the lots adjacent to the rear and northwesterly sides of the subject property. The three properties are owned in common by the applicant. Prior to City Council approval, a Covenant and Agreement will be recorded with the County of Orange to hold these three properties as a single parcel and building site. 14. A public hearing was held on December 8, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Tmplt: 04/14/10 Planning Commission Resolution No. 1863 Page 3 of 5 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 1 (Existing Facilities). 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 challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience, and the general welfare. 3. The amendments for the subject property to allow the existing building and uses are consistent with the goals and policies of the General Plan, in particular the West Newport Mesa Policy Overview and Policies LU 6.6 and LU 6.6.1, since the property is in the vicinity of the Hoag Hospital complex and is located on the west side of the intersection of Superior Avenue and Hospital Road. It provides a medical facility that is clearly visible and easily accessible from either street, and provides a medical facility for residents of the area, the City, and visitors to the City's beaches. It is also located in the immediate area of the CO -M designated property located directly across Superior Avenue. 4. Future development of the subject property will be consistent with the goals and policies of the Land Use Element of the General Plan, specifically Policy LU 6.2.1 since the reduction in housing potential is not significant given the anticipated housing production within other areas of the City, and will not impede the City's ability to Tmplt 04/14/10 Planning Commission Resolution No. 1863 Page 4 of 5 achieve housing production goals as set forth by the Southern California Area of Governments (SCAG). 5. The amendment will be consistent with the purpose and intent of the Office - Medical (OM 0.49 FAR) Zoning District of the Newport Beach Municipal since any future development of the property with uses other than those existing on the subject property must comply with the development standards and requirements of the Zoning Code for the Office - Medical (OM 0.49 FAR) Zoning District. 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 -007, changing the designation from Multi -Unit Residential (RM 18 DU /AC) to Medical Commercial Office (CO -M 0.49 FAR); and Code Amendment No. CA2011 -010 changing the designation from Multi -Unit Residential (RM 2420) to Office - Medical (OM 0.49 FAR), affecting 1419 Superior Avenue, Statistical Area A2, legally described as FIRST ADD TO NEWPORT MESA TR LOT 819 70 FT LOT IN LOT -EX PORS IN ST. 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 Dr. Morgan Property Amendments (PA2011 -138) including, but not limited to, General Plan Amendment No. GP2011 -007 and Code Amendment No. CA2011 -010. 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. 3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt: 04/14110 Planning Commission Resolution No. 1863 Page 5 of 5 PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011. AYES: Ameri, Hillgren, Kramer, Myers, and Toerge NOES: None. ABSTAIN: None. ABSENT: Hawkins go Tmpl: 04/14/10