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Home My WebLink About23 - Monrovia Ave Amendments PA2011-082 & PA2011-105CITY 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. (Attachment No. CC 1) approving: • General Plan Amendment No. GP2011 -005; and 3) Adopt Resolution No. (Attachment No. CC 2) approving: • General Plan Amendment No. GP2011 -006; and 4) Introduce Ordinance No. (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 1 2 Monrovia Avenue Amendments September 13, 2011 Page 2 VICINITY MAP 1539 Monrovia Avenue re r Dvorak & Payne LTD Property co75 :R RM 24206AIpU ' ro RM 2430 SA, pU M 2430 SA I pU RM 3420 eA I pU MMY ' a n. Y n ✓'- : RMIFDU7AC rm ' RM24NSAICU rur n w 1537 Monrovia Avenue " Allred Newport LLC Property Y " RN 420 1A1DU RN 2420 SA I DU M YRY tl' GENERAL PLAN ZONING 153816omovla Awnua -" 1539 Monrovia Avenue IIP 3 15J7 Monm a - 1 1637 Monrovia ,,L 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 S 4 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 0 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, 0 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. 7 q N W + E S Monrovia Avenue Amendments September 13, 2011 Page 6 \ 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 I 10 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. 11 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 12 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. 13 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. 14 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 15 DRAFT RESOLUTION WITH ATTACHMENT 1537 MONROVIA AVENUE EXHIBIT A GENERAL PLAN AMENDMENT NO. GP2011 -005 (PA2011 -082 ) ATTACHMENT No. CC 1 10 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). 27 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. Tmplt: 04/14/10 12 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 Tmplt: 04/14/10 19 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 Tmpll: 04/14/10 20 Resolution No. Page 5 of 6 EXHIBIT A GENERAL PLAN AMENDMENT NO. GP2011 -005 (PA2011 -082) Tmpft: 04114110 21 V. 19: 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* � µ GP2011.OW NM J yMu GP2011 -005 (PA2011 -082) General Plan Amendment 1537 MoraW Avenue C o -M 0 250 700 mmomm Feet 8 Y Tmplt: 04/14110 22 DRAFT RESOLUTION WITH ATTACHMENT 1539 MONROVIA AVENUE EXHIBIT A+ GENERAL PLAN AMENDMENT NO. GP2011 -006 (PA2011 -105) wak 23 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). 24 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 TmpIC 04/14/10 215 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 Tmplt: 04/14/10 20 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 27 Resolution No. Page 5 of 6 EXHIBIT A GENERAL PLAN AMENDMENT NO. GP2011 -006 (PA2011 -105 ) Tmplt 04/14/10 22 IG 0.75 F 1: RM �e %�%� DU N N d J DU a #PR i c!G T i tr�,tmsmm J1/�20„ GP2011 -006 (PA2011 -105) General Plan Amendment 1539 Monrovia Avenue Resolution No. Page 6 of 6 CO -M 7� a 250 500 VFW e Y Tmplt: 04/14/10 2q 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 30 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 31 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. S2 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 33 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) 34 ORDINANCE NO. Page 5 PF P.AR 1 n r tH PC... 9 , r L / x PC rr CA2011 -008 (PA2011 -082) a 250 500 Zoning Code Amendment 8 1537 Monrovia Avenue N G2ottme.mm J.IyllOtt S5 ORDINANCE NO. Page 6 -iN RM 24 From PF w �. .. f I CN IiN Now ^zy 0 250 wo CA2011-009 (PA2011-105) Fec4 Zoning Code Amendment 1539 Monrovia Avenue 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 S7 SUBJECT PROPERTY: 1537 MONROVIA AVENUE WrA SUBJECT PROPERTIES: 1537 & 1539 MONROVIA AVENUE 39 40 RELEVANT INFORMATION: 1539 MONROVIA AVENUE FOR PA2011 -105 GP2011 -006 CA2011 -009 ATTACHMENT No. CC 5 41 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. ,4' 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 4S r a 1 rig SUBJECT PROPERTY: 1539 MONROVIA AVENUE CARDEN HALL PROPERTY: 1541 MONROVIA AVENUE @ NORTHERLY BOUNDARY ADJACENT INDUSTRIAL PROPERTY 44 SUBJECT PROPERTIES: 1537 & 1539 MONROVIA AVENUE 45 Arc1M5 Viewer ?agge 1 of 2 t,«.... il.........L ,.:... _.... -...�. t.....,.� ,... ..., l.....t..:... !_L ._r_n, .r__r� —_ tom_ PLANNING COMMISSION STAFF REPORT, DATED JULY 21, 2011 (PA2011 -082 and PA2011 -105) ATTACHMENT No. CC 6 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. 42 Monrovia Avenue Amendments July 21, 2011 Page 2 VICINITY MAP 1539 Monrovia Avenue Dvorak & Payne LTD Property RM 3A306Ar DU �Y• ro RM 2QUSA IDU 3A205A i DU n /qM RM 3U0 SAI DU MRY — n n. Y C gy) ' RM 3Q08AIOU IYI Y 1537 Munrucia : \�rnuc - „ Allred Newport LLC Property " RM 3A303Al DU wRM 2�305A IDU YRY . y M GENERAL PLAN ZONING e. r emru isJ9 Mnn.n.;. (11111 {it A.ennr r e oruY a 1537 Alonrovin Arenue \,cone •ru s. a 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 I Open S ace- Banning Ranch Specific Plan — Bannina Ranch 9 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 SD 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. 51 Monrovia Avenue Amendments July 21, 2011 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. 152 Monrovia Avenue Amendments July 21, 2011 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 53 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. 54 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 1515 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 50 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. 57 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 Sg 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 Z_? `59 PLANNING COMMISSION RESOLUTION NO. 1851 1537 MONROVIA AVENUE (PA2011 -082) ATTACHMENT No. CC 7 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 01 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 02 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 03 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 04 PLANNING COMMISSION RESOLUTION NO. 1852 1539 MONROVIA AVENUE (PA2011 -105) ATTACHMENT No. CC 8 05 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). J FILE COPY 00 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: 04!14110 07 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 02 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 05, Excerpt of Planning Commission Minutes, Dated July 21, 2011 (PA2011 -082) (PA2011 -105) ATTACHMENT No. CC 9 70 J "1 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 �;L2 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 73 CITY CHARTER SECTION 423 ANALYSIS TABLE 1537 and 1539 MONROVIA AVENUE (PA2011 -082) (PA2011 -105) ATTACHMENT No. CC 10 :�t4 4.ww I.nd us vloo [mdP.mr Dm]Mxa fruolPau) cm.mt.]mDiv� io.r n!w Tr •es.. uwme•.++r r r W..pr y� emu• rSU oaeon wm.rr � \rgwe. �� W r�P.wn rnnlrn DPiePPr no.o. y^ �k r r� m MYMbi�YMnM �iPY�sMw�. MNPM�d �YO� rns .�4\ m�Pml �]0 00 f�wnin PUwD4N'Y 0] ]D aMwfM !.0 o �410o W[]Mml DW� N\ yA 1.1 �• ��n m�! wnWp nw.w Lamm ISYip Ptll� � \T1 YW N�}KwM W P" iM Iww wmu4w`�..wma�a M •W Pa\ mn oo ]• 10\ 9 o NQ�D Itlk]FIOI OM1i 1L YI YA X.O NO AO NO�O rn.wW4LLLL eV] was wlwn F11R0 m+xlP\mn\mrmPi! m !ma a ONIyNII 041tl1 �� Monrovia Avenue Amendments: 1537 Monrovia Ave, Allred Newport LLC Property (PA201 1 -082) 1539 Monrovia Ave, Dvorak & Payne LTD Property (PA201 1 -105) City Council Public Hearing September 13, 2011 F4� F U Wr1� ld��1 �LIF01Z�% CODE AMENDMENT SUMMARY LOCATION: GENERAL PLAN (GP): ZONING (CA): RM RM (2420) 1537 MONROVIAAVENUE (Multi -Unit Residential) (Multi -Unit Residential) GP2011 -005 & to to CA2011 -008 IG -0.50 IG -0.50 (General Industrial) (Industrial) RM RM (2420) 1539 MONROVIA AVE NUE (Multi -Unit Residential) (Multi -Unit Residential) GP2011 -006 & to to CA2011 -009 IG -0.50 IG -0.50 (General Industrial) (Industrial) SUBJECT PROPERTY: 1537 MONROVIA AVE, LIGHT INDUSTRIAL BUILDINGS SUBJECT PROPERTY: 1539 MONROVIAAVE, LIGHT INDUSTRIAL BUILDING 1539 Monrovia Avenue Dvorak & Payne LTD Property G P2011 -105 1537 Monrovia Avenue Allred Newport LLC Property G P2011 -082 . 0, Mims A K 1541 Monrovia Avenue Carden Hall io 1535 Monrovia Avenue Community College Project Under construction. 1539 Monrovia Avenue GP2011 -105 F tJN7�OSA /DU 1537 Monrovia Avenue G P2011 -082 N w+�a s. 1541 1539 RM 2420 SA /D 1541 Monrovia Avenue Carden Hall IG 0.75 FAR ?I IG 0.75 FAR — 73 - 3DU /AC 1533 1535 Monrovia Avenue 20 SA I DU Community College Project 1527 its► , 76 � 6e 77 °_ RM 2420 SA / DU� VICINITY MAP 63 i�. GENERAL PLAN DESIGNATIONS Recommended Level of Intensity Total Lot Area Maximum FAR Minimum 1537 Monrovia 33,580 sq. ft. 16,790 sq. ft. 17 Ave (0.50 FAR) (16,790 sq. ft. @ 1/1,000) 1539 Monrovia 49,642 sq. ft. 24,821 sq. ft. 25 Ave (0.50 FAR) (24,821 sq. ft. @ 1/1,000) 83,222 sq. ft. 41,611 sq. ft. 42 spaces Section 423 Analysis Table Increased Floor Area Increased Increased Increase in Allowed Dwelling A.M. Peak Hour Trips P.M. Peak Hour Trips Units Proposed GP2011 -005 16,790 sq. ft. 1537 Monrovia Ave (Action 1) GP2011 -005 is a minor amendment. GP2011 -005 13,432 sq. ft. at 80% Proposed GP2011 -006 24,821 sq. ft. 1539 Monrovia Ave (Action 2) TOTALS (IG is 38,253 sq. ft. permitted) GP2011 -006 is a minor amendment. 11.1 16.0 24.9 W U0 14.0 21.8 0 I Q 0 c cuori.roc.m..a rWni+ PF PC RM 2420 RM 2420 CA201 "08 (PA2011 -082) Zoning Code Amendment 1537 Monrovia Avenue CN PC o aw ew PC RESOLUTION EXHIBIT A - 1537 Monrovia Avenue PF Existing Zoning: IG 0.75 FAR :.Qimple -unit Residential(RM 2420) CHtlFiytll Proposed Zoning: niI.Wiel (113-0.5 FAR) M 2420 PC W MM�4 CN o m ewe d�•m., CA2011 -009 (PJA2011 -105) Zoning Code Amendment 1539 Monrovia Avenue N C1S]IILymN JUt/N1 PC RESOLUTION EXHIBIT B - 1539 Monrovia Avenue NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, September 13, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following applications: Monrovia Ave Amendments - Amendments to the General Plan to change the Land Use designation of the subject properties from Multi -Unit Residential (RM) to General Industrial (IG 0.50 FAR); and amendments to the Zoning Map to change the zoning designation from Multi -Unit Residential (RM -2420) to Industrial 0.50 FAR (IG 0.50). 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. The project is categorically exempt under Section 15302, of the California Environmental Quality Act (CEQA) Guidelines — Class 2 (Replacement or Reconstruction). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact Javier S. Garcia, AICP, Senior Planner, at (949) 644 -3206 Igarcia(ainewportbeachca.gov. Project File Locations: Activity Nos.: Applicants: General Zone: Nos.: Monrovia Avenue Plan: PA2011 -082 1537 Monrovia GP2011 -005, and Allred Newport LLC RM RM Avenue CA2011 -008 (2420) PA2011 -105 1539 Monrovia GP2011 -006, and Dvorak & Payne LTD Avenue CA2011 -009 Leilani Brown, City Clerk City of Newport Beach Tmplt: 02/09/11 Cd5 ee� woeis uv .i — o nouuuwn m1eei i j-w _�jy 6 Use very ®TEN{i4 yl?IS488 b`L 'Feed Pal)&�,dn -wo fpApfy Peel Pt%Hii a }1� 09L5 A 1, eq>"15 ®ilabp� ' sn i Ran Iwo3 tjatd2uati: i ap v ;e ajnepsy si q zalidad ap ©a I ® iaiad @ saip�a; sagai biijd 42 9*59 424-391 -24 424 - 401 -03 DO DONALD KILLIAN 925 WEST 16TH STREET LLC ; LRDR 225 930 W 16TH ST 82 NEW SEASON COSTA MESA CA IRVINE CA 9 6o 92627-4337 92602 -2477 424-401-04 424-401 -05 HOWLAND ASSOCIATES LLC CARDEN HALL LLC 40 OAKHURST RD 1541 MONROVIAAVE IRVINE CA NEWPORT BEACH CA 92620 -1235 92663 -28o6 424 - 401-07 424 - 401 -o8 COAST COMMUNITY CLG DISTRICT ALLRED NEWPORT LLC 1146o WARNER AVE 11512 ELCAMINO REAL to FOUNTAIN VALLEY CA SAN DIEGO CA 92708 -2529 92130 -2087 424 - 401 -10 COAST COMMUNITY COLLEGE DISTRICT 1146o WARNERAVE FOUNTAIN VALLEY CA 92708-2529 PA2011 -082 - APPLICANT /OWNER/ m s' % PA2011 -105 - APPLICANT /OWNER „p6Pa d fl.dod asodxa 03 euli 6u019 pua8 r� jaded paaj 424-401 -o6 DVORAK & PAYNE LTD 157o E EDINGER AVE 12 SANTA ANA CA 92705 -4910 424 - 401-09 COAST COMMUNITY COLLEGE DISTRICT 444 S FLOWER Sr 2400 LOS ANGELES CA 90071 -2953 011 -105 -CONTACT ®09L5 ateidwal®,ijany as0 siage7 ®load 6se0 Ctiquettes faciles a peter A Consultez la feuille vvv✓w.avery.com Utilisez le gabarit AVERY@ 51600 Sens de chargement d'instruction 1- 800 -GO -AVERY Wa b M= alRna} O�c 1..�..gwameanegv �aP 096 i woria�h •nnaun... all!ha }sia�5�,+c�•,a• �.._�..o__..�__..,_i ® _ S�d�L�D v gala a salve; sa ; ;anbl ;3 ALLRED NEWPORT LLC DVORAK & PAYNE LTD OGLE REAL ESTATE SERVICES RICHARD ALLRED DAVID S. DVORAK, G.P. JIM OGLE 1537 MONROVIA AVE P.O. BOX , CARPINTERIAIA 1570 E. EDINGER AVE, STE 12 NEWPORT BEACH, CA 92663 CA SANTA ANA, CA 92705 ALLRED NEWPORT LLC RICHARD ALLRED 1537 MONROVIA AVE NEWPORT BEACH, CA 92663 Y I r:;�I DVORAK & PAYNE LTD DAVID S. DVORAK, G.P. P.O. BOX 1208 CARPINTERIA, CA 93014 F - .a6n4dn- doAasodwz .me, . a OGLE REAL ESTATE SERVICES JIM OGLE 1570 E. EDINGER AVE, STE 12 SANTA ANA, CA 92705 r - notcateidwai "@AV asn Use Avery® Template 51600 114-170-58 C O M T BEACH 3300 , ORT BLVD NE CH CA 92 63 -3816 424- o11-36 RHONDA S BINDER 217 ONYXAVE NEWPORT BEACH CA 92662 -1209 424- 141 -01 RICAHRD C HUNSAKER 17761 MITCHELL IRVINE CA 92614 -6028 424 - 141-17 VICPORJ SWANSON 16530 MAT AHAT RD APPLE VALLEY CA 92307-1408 424-142 -04 WANLASS PARTNERS 17oo CANDLESTICK LN NEWPORT BEACH CA 92660 -4315 ' Feed e7 ost^P�Ed �eTm ' U& AV[ERV® OTM 0? .i;{;UISe ay nealq a woa w19x wSZla`�uao,80 :aac!13 l� 0919I09LSa Many ql. elq!4etlwos „8/g Z x „1 ans lagel 11 170 -82 114-17o -83 - C F WPORT BEACH CHEROKEE NEWPORT BEACH 3300 ORT BLVD PO BOX u164 EACH CA BAKERSFIELD CA 92663 -3 16 93389-1164 424 - 011-37 C NEWPORT BEACH 330o LVD N O CH CA 663 -381 424-141-15 E CLARK goo DESCANSO DR LA CANADA FLINTRIDGE CA 91011-3812 424- 141-18 CLAUDE A GAMMEL PO BOX 3302 NEWPORT BEACH CA 92659-8302 424-142-05 ROBERT P SHERER 239 GILBERT ST ASPEN CO 81611 -1887 424-031 -01 MOBLILE HOME PARK NEWPORT BEACH CA 92663 -3816 424-141 -16 ELLIOTT RAYMOND S 3RD PO BOX 1ou NEWPORT BEACH CA 9z659-ooii 4 - 141 -19 C AMMEL PO oz WP CH CA 92659-8 02 4 - 14z -o6 RO RT P SH RER 239 f ST &611-188F Etiquettes faciles 5 peter i Sens de Repliez a la hachure afin de i wwvu.avery.com - Utilisez le gabarit AVERY® 51600 d chargement rev6ler le rebord Pop -UpTM �' 1- 800 -GO -AVERY ' A ANZAMFid 311. '�'lh5}$t4o HNd3' .r�A"e'�A'�1)A %h 7jR 424-142 -14 LOIS A HORNESS 17oo1 VENTURA BLVD ENCINO CA 91316 -4128 424-151 -03 CHI 1523S '% 1 LE DR CORONA EL MAR CA 92625 -1221 424 - 391 -11 M A S INVESTMENTS 156o SUPERIORAVE A2 COSTA MESA CA 92627 -3676 42 -391 -16 DO 120 QRTCENTERDR225 NE BEACH CA 9 60 -6 5g 424-391 -20 D N IOI.L lz CENTERDR225 NEWP CH CA 92 0 -695 �s�PCES 424 - 151 -o1 CHI 1523 SANDCASTLE DR CORONA DEL MAR CA 92625 -1221 424-391-05 RENTS TRICO 3100 PULLMAN ST COSTA MESA CA 92626 -4500 424-391 -14 93o /16TH LLC 120 NEWPORT CENTER DR 225 NEWPORT BEACH CA 9266o -6959 I•�� ALD 424 21 DON 120 N O NTER DR 225 NE WP H CA 9266 -6959 424-151 -02 CHI 1523 S ASTLE DR CORO �kI. MAR CA 92625 -1221 424 - 391-09 AMETEK INC 1644 WHTTTIERAVE COSTA MESA CA 92627-4415 424 - 391 -15 DONALD KILIAN 12o NEWPORT CENTERDR 225 NEWPORTBEACH CA 92660 -6959 424-391 -18 D 12 ENTERDR225 NEWP CH CA 9266o 59 label size 1" x 2 518" compatible with Avery 0516D/8160 biqueite de format 25 mm x 67 mm=patibie avec Avery45160 /8160 T 19 91 "91 laam Awl CITY CLERK'S OFFF�IVEU AFFIDAVIT OF POST NS1P -6 PM 12:14 OFFICE OF THE CITY CLERK On t 2011, 1 posted the NoG6QWF'?'0r4WTi ng regarding: Monrovia Ave Amendments (PA2011 -082 & PA2011 -105) Location: 1537 and 1539 Monrovia Avenue Date of City Council Public Hearing: September 13, 2011 PROOF OF PUBLICATION RECEIVED 7011 OCT 13 AM 9: 34 OFFICE OF THE CITY CLERK STATE OF CALIFORNIA) CITY CFI;:I', ORTBEO ) 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 action for which the attached notice was published. I am a principal clerk of the "Newport Harbor News Press combined with Daily Pilot ", which was adjudged a newspaper of general circulation for the City of Newport Beach, County of Orange, and State of California, Attached to this Affidavit is a true and correct copy that was printed and published on the following date(s): September 17, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2011 at Los Angeles, California i Signature CITY OF NEWPORT BEACH PUBLIC NOTICE ORDINANCE SUMMARY NOTICE IS HEREBY GIVEN that on Septemm bar 13, 2011, the City Council of the City of Newport Beach, Califor- nia, introduced an Ordi- nance entitled: ORDINANCE NO. 2011-23 AN ORDINANCE OF THE CITY COUNCIL OF AMENDMENT TO CHANGE THE ZONING DESIGNATION OF PROPERTIES LOCATED AT 1537 AND 1539 MONROVIA AVENUE PA20111 �I OS)2 AND, The proposed Ordinance would change the zon- ing of the subject prop: erties from the Multi - Unit Residential (RM 2420) zoning designa- tion to the General In- dustrial (IG 0.50) zon- ing designation. The proposed Ordinance would also make the existing building and use, and future devel- opment of the subject property affected by the proposed amendment consistent with the goals and poli- cies of the Land Use Element of the General Plan and will be consis- tent with the purpose and intent of the IG 0.50 (General Industrial 0.50 FAR) zoning dis- trict of the Newport Beach Municipal Code. This Ordinance was in. troduced by the City Council of the City of Newport Beach, Califor- nia, at a regular meet- ing thereof on the 13th day of September, 2017, by the following vote: AYES: Hill, Gardner, Selich, Curry, Daigle, Second nance meeting. If adopted on September 27, 2011, the Ordinance shall be- come final and effective thirty (30) days after adoption: Dated this 14th day of September, 2011 - s/ Leilani I. Brown, Go Clark City of Newport Beach Published Newport Beach/ Costa Mesa Daily Pilot September 17, 2011