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Home My WebLink About2011-92 - Amendment to Land Use Element of GP 1539 Monrovia Ave. (PA2011-105)RESOLUTION NO. 2011 -92 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). Resolution No. 2011 -92 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 Resolution No. 2011 -92 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. 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 City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2011 -006, changing the designation from Multi -Unit Residential Resolution No. 2011 -92 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 Bea,09i at a regular meeting held on September 13, 2011. j MAYOR ATTEST: Resolution No. 2011 -92 Page 5 of 6 EXHIBIT A GENERAL PLAN AMENDMENT NO. GP2011 -006 (PA2011 -105) Resolution No. 2011 -92 Page 6 of 6 Y RM ,*IN. 7% aI °F I A a GP2111-0 5=d JWy.4011 W—. PF r�wrn CN , a DU C s �e GP2011 -006 (PA2011 -105) General Plan Amendment 1539 Monrovia Avenue CO -M 'I.` 0 250 50O Feet 8 N� U p b jDj IV £ �e e 4. 3 Gr j ,*IN. 7% aI °F I A a GP2111-0 5=d JWy.4011 W—. PF r�wrn CN , a DU C s �e GP2011 -006 (PA2011 -105) General Plan Amendment 1539 Monrovia Avenue CO -M 'I.` 0 250 50O Feet 8 N� STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -92 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th 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 14th day of September, 2011. r 7 ./` hw- City Clerk Newport Beach, California (Seal)