HomeMy WebLinkAbout05 - Dr. Morgan Property Amendments, PA201-138CITY OF
NEWPORT BEACH
M
Cq[IF °n "\P City Council Staff Report Agenda Item No. 5
February 28, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644- 3226,kbrandt @newportbeachca.gov
PREPARED BY: Keay Sims, _Assistant Planner
APPROVED: 0-
TITLE: Dr. Morgan Property Amendments (PA2011 -138)
1419 Superior Avenue
• Code Amendment No. CA2011 -010
ABSTRACT:
An amendment to the Zoning Map to change the zoning designation of the subject
property from Multiple Residential (RM2420) to Office Medical (OM 0.49 FAR). The code
amendment will be consistent with the General Plan Land Use Plan amendment that was
unanimously approved at the February 14, 2012, City Council meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2012 -7 (Attachment No. CC1)
approving Code Amendment No. CA2011 -010.
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).
Submitted by:
Kimberly Brandt, A
Director
Attachments: CC1 Ordinance No. 2012 -7 with Exhibit
1
2
City Council
Attachment No. CC 1
Ordinance No. 2012 -7
3
11
ORDINANCE NO. 2012 -7
Page 1
ORDINANCE NO. 2012 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -010
FOR PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011-
138).
WHEREAS, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
amendments to the General Plan and the Zoning Code to change the land use from
Multiple Residential to Medical Commercial Office; and
WHEREAS, the subject property is located within the Multiple Residential (RM
2420) Zoning District, the General Plan Land Use Element category is Multiple
Residential (RM 18 DU /AC); and
WHEREAS, the subject application considered by the City Council will change
the Land Use Element of the General Plan from Multiple Residential (RM 18 DU /AC) to
Medical Commercial Office (CO -M 0.49 FAR) land use designation; and
WHEREAS, the concurrent 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 Multiple Residential (RM 2420) to Office Medical (OM 0.49
FAR); and
WHEREAS, the existing building and use, and future development of the
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 Office Medical (OM 0.49 FAR) Zoning District of the Newport
Beach Municipal Code; and
WHEREAS, on December 8, 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. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting: and
WHEREAS, at the December 8, 2011 public hearing, the Planning Commission
received public comments and on an affirmative motion (6 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code Amendment;
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
0
ORDINANCE NO. 2012 -7
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 property from Multiple Residential (RM 2420) to Office Medical (OM 0.49 FAR),
with all other provisions of the existing Zoning Map remaining unchanged.
SECTION 3: 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 4: This project is exempt from the California Environmental Quality Act
( "CEQA") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed
amendment is exempt since it does not entail any significant alteration to the subject
property and will bring the zoning district and existing use of the building and property
into conformance with the General Plan land use designation.
SECTION 5: 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 the same shall become final and effective thirty (30)
days after the date of its adoption.
N'
ORDINANCE NO.
Page 3
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on February 14, 2012, and adopted on February 28, 2012,
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN. CITY CLERK
APPROVED AS TO FORM:
220N HARP, CITY OAEY
P
ORDINANCE NO. 2012 -7
Page 4
Exhibit "A"
ZONING CODE AMENDMENT
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City Council Staff Report Agenda Item No. 14
February 14, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 -644 -3226, kbrandt@newportbeachca.gov
PREPARED BY: Kay Sims, Assistant Planner
APPROVED: L ll/1nI
TITLE: Dr. Morgan Property Amendments (PA2011 -138)
1419 Superior
• General Plan Amendment No. GP2011 -007
• Zoning Code Amendment No. CA2011 -010
ABSTRACT:
Amendments to the General Plan and Zoning Map to change the land use designation
of the subject property from Multiple Residential (RM 18 DU /AC) to Medical Commercial
Office (CO -M 0.49 FAR); and change the zoning district designation from Multiple
Residential (RM 2420) to Office Medical (OM 0.49 FAR). The subject application does
not include a specific project for development at this time. The proposed land use
designation changes would allow for the retention of the existing development and allow
for future development in accordance with the parking and development standards of
the proposed OM 0.49 FAR zoning district.
RECOMMENDATION:
Conduct a public hearing; and
2. Adopt Resolution No.2012- 16(Attachment No. CC 1) approving General Plan
Amendment No. GP2011 -007; and
3. Introduce Ordinance No. 2012 -7 (Attachment No. CC 2) approving Code
Amendment No. CA2011 -010 and pass to second reading for adoption on
February 28, 2011
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
2
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 2
4
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 3
Project Setting
The subject property is located in the City's West Newport Mesa area on the west side
of Superior Avenue at the intersection of Hospital Road and Superior Avenue. Existing
development, in this immediate area, consists of apartment complexes (Newport
Terrace and The Beach House) and a multi -unit condominium building (unnamed). East
of Superior Avenue and south of Hospital Road is a condominium complex (Versailles
on the Bluff Planned Community, PC 10); north of Hospital Road is a medical office
complex (Mariner's Medical Plaza). The Hoag Memorial Hospital complex (PC 38) is
located adjacent to the east side of Versailles on the Bluff.
The subject property has a land area of approximately 13,650 square feet and is
currently developed with a medical office building (approximately 6,590 square feet),
which was constructed under Orange County jurisdiction in 1957. The building consists
of the original one -story portion at the front of the site, and a two -story addition attached
to the rear constructed in 1963. The intensity on the site is approximately 0.482 FAR.
Current uses within the building include six medical and dental offices, a cosmetic
surgery center, and a walk -in medical clinic, which is located at the front of the building.
Vehicular access to the property is via a driveway off Superior Avenue along the
northerly portion at the front of the property. Approximately 33 parking spaces
(6,590/200 = 33) are required for the existing uses on the site and a total of 46 parking
spaces are provided. Thirteen of the parking spaces are located on the subject site and
the remaining 33 spaces are provided on the lot adjacent to the rear and the lot
adjacent to the northwesterly side of the subject property. Although the adjacent lots are
owned by the applicant, they are not a part of the application request. The subject
property is nonconforming with the existing General Plan (RM 18 DU /AC) and Zoning
Code (RM 2420) designations and regulations because of the existing medical uses and
total number of parking spaces provided on site.
Background
When the West Newport Mesa area of the City, more specifically known as the County
Triangle, was annexed to the City pursuant to Resolution No. 9647 October 7, 1979, the
subject property became zoned Multiple - Family Residential. The corresponding General
Plan designation was Multiple - Family Residential. The existing medical office building
and medical uses on the property became nonconforming. Subsequently, the zoning
designation was changed to Multi -Unit Residential (MFR, 2178) on May 29, 1990,
pursuant to the adoption of City Council Ordinance No. 90 -24.
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'). At that time, the property retained a multiple - family residential land use.
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
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 4
and termination of nonconforming uses in residential districts. Determinations of
nonconformity could not be made until finalization of the City's Local Coastal Plan (LCP)
on July 14, 2008, and adoption of the update to the Zoning Code.
On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20), which brought consistency between the
Zoning Code and the Land Use Element of the General Plan. The zoning designation of
the subject property was changed from Multi -Unit Residential (MFR 2178) to Multiple
Residential (RM 2420), and it became subject to abatement in accordance with Ordinance
No. 2008 -05.
Plannina Commission Action
On December 8, 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 (6 ayes, 0 noes) voted to recommend approval of the proposed
amendments. As part of their recommendation, the Planning Commission included a
recommended requirement that prior to the second reading of the proposed code
amendment, a Covenant and Agreement will be recorded with the County of Orange to
hold the subject property and two adjacent properties as a single parcel and building
site to ensure the parking spaces on the adjacent properties will be maintained as part
of the required spaces for the medical uses on the subject site (see Attachment CC 8).
A copy of the staff report (Attachment CC 4), Planning Commission Resolution
(Attachment CC 5), and the minutes of the hearing are attached (Attachment CC 6).
Analysis
The subject application does not include a specific project for development at this time.
The proposed land use and zoning code designation changes would allow retention of
the existing medical - related uses and allow for future development in accordance with
the proposed General Plan land use designation (Medical Commercial Office, COW
0.49 FAR) and standards of the proposed zoning district (Office Medical, OM 0.49
FAR).
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 General Plan and zoning development standards to ensure
consistency and compatibility with surrounding uses. The proposed land use
designation would allow for future development with a floor area to land ratio of 0.49.
lr_
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 5
General Plan
The applicant requests to amend the General Plan to change the subject property from
RM 18 DU /AC to a CO -M 0.49 FAR land use designation. The CO -M 0.49 FAR is
intended to provide for the development of properties to provide primarily for medical -
related offices, other professional offices, retail, short-term convalescent and long -term
care facilities, research labs, and similar uses.
Consistency with the applicable policies of the General Plan has been evaluated in
conjunction with the proposed amendments and it was determined by the Planning
Commission to be consistent with those policies. A detailed consistency analysis is
included in the January 19, 2012, Planning Commission staff report (Attachment No. CC
3).
Zoning Code
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 the Zoning
Code designations is critical to ensure orderly development and enforcement. Therefore
concurrent with the General Plan land use changes, the applicant is requesting to
change the zoning designation from RM2420 to OM 0.49 FAR. The OM 0.49 FAR
zoning district is intended primarily to provide for the development of medical - related
offices, other professional offices, retail, short-term convalescent and long -term care
facilities, research labs, and other similar uses.
The main purpose of the requested amendment is to allow the continued use of the
existing medical office building, which has served as a medical facility since
construction of the original building in 1957. If the amendments are approved, the
existing medical office building would be consistent with the allowed uses of the
proposed OM 0.49 FAR zoning district and be allowed to remain without abatement.
New development of the property would require conformance with applicable OM 0.49
FAR zoning district development and parking standards.
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 is analyzed 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 ten years) within the
same statistical area. The proposed amendment and the two most recent amendments
previously approved within this statistical area are provided below 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
G
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 6
Amendment, the Amendment 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 ten years and factored into the analysis of future
amendments as indicated.
Table 1, summarizes the increase in allowed floor area, peak hour traffic (a.m. and
p.m.) and reduction in the number of dwelling units created by the proposed
amendment with the recommended CO -M designation at 0.49 FAR. As indicated, none
of the four (4) thresholds would be exceeded, and therefore, a vote pursuant to Charter
Section 423 is not required. If the proposed General Plan amendment is approved by
the City Council, the amendment will become a prior amendment and 80 percent of the
increases will be tracked for ten years for any proposed future amendments. A more
detailed analysis is attached (Attachment No. CC 7).
Tabled: Charter Section 423 Analysis Summary
Statistical Area A2
Amendments
Increase in Allowed
Increase in a.m.
Increase in p.m. Peak
Increase in Allowed`
_
Floor Area
Peak HourTrlps
_ Hour Trips
Dwelling Units.
Prior. Amendments
480 %)
GP2011.005
1637 Monrovia Ave
13,432 sq. ft.
9
8
0
(PA2011.082)
GP2011 -006
19,857 sq. ft:
13
11
0
1539 Monrovia Ave
_
.Proposed Amendment
6, 689 sq. ft.
18
24
0
GP2011 -007
1419 Superior Avenue
TOTALS
39,978 sq. ft.
40
43
0
Section 423 Thresholds
40,000sq. ft.
100
100
100
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 a local government considers a proposal to adopt or
amend the General Plan. The appropriate tribe contacts supplied by the NAHC were
provided notice on October 27, 2011. 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 response period ended on
January 25, 2010, and no requests for consultation were received.
I
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 7
Summary
The applicant has requested the amendments to allow retention of the existing medical
office building and uses. The development on the property has functioned as a medical
facility continuously since construction of the original story building under Orange
County jurisdiction in 1957. Continuation of these uses and future development
consistent with the Medical Commercial Office (CO -M 0.49 FAR) 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 Amendment to the Medical Commercial Office (CO -M 0.49 FAR)
designation does not necessitate a vote of the electorate, pursuant to Section 423 of the
City Charter.
ENVIRONMENTAL REVIEW:
The Planning Commission recommends the City Council find this project exempt from
the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing
Facilities) 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.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the
CEQA Guidelines.
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 property
and posted at the site a minimum of 10 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.
Submit ed by:
I
Kimberly Brandt, Al
Director
Attachments: CC 1 Draft City Council Resolution for Approval
CC 2 Draft City Council Ordinance
CC 3 Planning Commission Staff Report
CC 4 Planning Commission Resolution
CC 5 Planning Commission Minutes
Dr. Morgan Property Amendments (PA2011 -138)
February 14, 2012
Page 8
CC 6 Section 423 Analysis Table
CC 7 Site Photos
CC 8 Covenant and Agreement
10
City Council
Attachment No. CC 1
Draft City Council Resolution for Approval
11
12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING GENERAL PLAN
AMENDMENT NO. GP2011.007 FOR PROPERTY LOCATED AT
1419 SUPERIOR AVENUE (PA2011 -138)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Roy Morgan, M.D., F.A.C.S., owner of the subject
property located at 1419 Superior Avenue, (APN: 424 021 07), requesting approval of
General Plan Amendment No. GP2011 -007, changing the land use designation from
Multiple Residential (RM 18 DU /AC) to Medical Commercial Office (CO -M 0.49 FAR);
and Code Amendment No. CA2011 -010 changing the zoning designation from Multiple
Residential (RM 2420) to Office Medical (OM 0.49 FAR),
2. The subject property became zoned Multiple Family Residential October 7, 1979,
when the West Newport Mesa area of the City, more specifically known as the County
Triangle, was annexed to the City pursuant to Resolution No. 9647. The corresponding
General Plan designation was Multiple - Family Residential. The existing medical office
building and medical uses on the property became nonconforming. Subsequently, the
zoning designation was changed to Multi -Unit Residential (MFR, 2178) on May 29,
1990 pursuant to the adoption of City Council Ordinance No. 90 -24.
3. 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 ").
4, On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which
established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009, and subsequent Zoning Code Update which became effective
November 25, 2010.
5. 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 zoning designation of the
subject property was changed from Multi -Unit Residential (MFR 2178) to Multiple
Residential (RM 2420). Since the use of the subject property was medical office in a
residential zone, it was subject to abatement in accordance with Ordinance No. 2008 -05.
6. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
13
City Council Resolution No.
Paae 2 of 4
Planning Commission at this meeting. At the conclusion of the public hearing, the
Planning Commission voted unanimously (6 ayes, 0 noes) to adopt Planning
Commission Resolution No. 1863 recommending City Council adoption of the
proposed General Plan Amendment and Zoning Code Amendment.
7. 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 a local government considers a proposal to adopt or
amend the General Plan. The appropriate tribe contacts supplied by the NAHC were
provided notice on October 27, 2011. 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 response period ended on
January 25, 2010, and no requests for consultation were received.
8. A public hearing was held on February 14, 2012, 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 is exempt from the California Environmental Quality Act ( "CEQA ")
pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3. The proposed amendments are
exempt since they do not entail any significant alteration to the subject property and
are establishing consistency between the General Plan Land Use designation and
existing use of the buildings and property.
2. 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.
3. Therefore, to the fullest extent permitted by law, the applicant and property owner shall
defend, indemnify, 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
Tmpll: 03/08/11 l'
2J
City Council Resolution No. _
Paqe 3 of 4
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.
SECTION 3. FINDINGS.
The proposed amendments of the Land Use Element of the General Plan and the
Zoning Code are necessary to implement the property owner's request.
2. 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 project generates more
than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor
area; or, adds more than 100 dwelling units in a statistical area.
3. This is the third General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. The cumulative results that include 80 percent of the
increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005)
and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units
( -31 = 0.0 dwelling units) and increases the non - residential floor are (39,977 square
feet), resulting in an overall increase of 40 a.m. peak hour trips and an overall increase
of 43 p.m. peak hour trips based on the blended commercial trip rates reflected in
Council Policy A -18. As none of the four thresholds specified by Charter Section 423
are exceeded, no vote of the electorate is required.
4. The existing building and uses, and future development of the property affected by the
proposed amendments 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
OM zoning district of the Newport Beach Municipal Code.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves
as follows:
1. Amendments to the General Plan are legislative acts. Neither the City nor State
Planning Law set forth any required findings for either approval or denial of such
amendments.
2. The City Council of the City of Newport Beach hereby approves General Plan
Amendment (GP2011 -007) as depicted in attached Exhibit A, which is attached hereto
and incorporated by reference.
3. This resolution shall become final and effective thirty (30) days after the date of
adoption of Ordinance No. 2011
TmpIC 03/08/11
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City Council Resolution No.
Paqe 4 of 4
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
February 14, 2012, by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
Tmplt: 03/08/11
10
ORDINANCE NO.
Page 4
Exhibit "A"
GENERAL PLAN AMENDMENT
EXHIBIT - A
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City Council
Attachment No. CC 2
Draft City Council Ordinance
21
22
ORDINANCE NO.
Page 1
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING ZONING CODE AMENDMENT NO. CA2011 -010
FOR PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011-
138).
WHEREAS, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
amendments to the General Plan and the Zoning Code to change the land use from
Multiple Residential to Medical Commercial Office; and
WHEREAS, the subject property is located within the Multiple Residential (RM
2420) Zoning District, the General Plan Land Use Element category is Multiple
Residential (RM 18 DU /AC); and
WHEREAS, the subject application considered by the City Council will change
the Land Use Element of the General Plan from Multiple Residential (RM 18 DU /AC) to
Medical Commercial Office (CO -M 0.49 FAR) land use designation; and
WHEREAS, the concurrent 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 Multiple Residential (RM 2420) to Office Medical (OM 0.49
FAR); and
WHEREAS, the existing building and use, and future development of the
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 Office Medical (OM 0.49 FAR) Zoning District of the Newport
Beach Municipal Code; and
WHEREAS, on December 8, 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. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting: and
WHEREAS, at the December 8, 2011 public hearing, the Planning Commission
received public comments and on an affirmative motion (6 ayes, 0 noes), forwarded a
recommendation to the City Council to approve the proposed Zoning Code Amendment;
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
2 3
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 property from Multiple Residential (RM 2420) to Office Medical (OM 0.49 FAR),
with all other provisions of the existing Zoning Map remaining unchanged.
SECTION 3: 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 4: This project is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The proposed
amendment is exempt since it does not entail any significant alteration to the subject
property and will bring the zoning district and existing use of the building and property
into conformance with the General Plan land use designation.
SECTION 5: 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 the same shall become final and effective thirty (30)
days after the date of its adoption.
24
ORDINANCE NO.
Page 3
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on February 14, 2012, and adopted on February 28, 2012,
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
NANCY GARDNER, MAYOR
ATTEST:
LEILANI BROWN. CITY CLERK
APPROVED AS TO FORM:
N HARP, CITY
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Exhibit A
ZONING CODE AMENDMENT
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Zoning Code Amendment
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City Council
Attachment No. CC 3
Planning Commission Staff Report
29
30
CITY OF NEWPORT BEACH S CANNED
PLANNING COMMISSION STAFF REPORT
December 8, 2011 Hearing F1� Q
Agenda Item 3 E CO/
SUBJECT: Dr. Morgan Property Amendments (PA2011 -138)
1419 Superior Avenue
General Plan Amendment No. GP2011 -007
• Code Amendment No. CA2011 -010
APPLICANT: William Roy Morgan, M.D, F.A.C.S.
PLANNER: Kay Sims, Assistant Planner
(949) 644 -3237 or KSims@newportbeachca.gov
PROJECT SUMMARY
Amendments to the General Plan and Zoning Map to change the land use designation
from Multiple Unit Residential (RM 18 DU /AC) to Medical Commercial Office (CO -M 0.49
FAR); and change the zoning district designation from Multiple Unit Residential (RM
2420) to Office Medical (OM 0.49 FAR). The amendments were initiated by the property
owner who seeks to continue the existing office use of the property. The property is
currently developed with a medical office building. 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 -007; and
• Approve Code Amendment No. CA2011 -010.
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0
Dr. Morgan Property Amendments
December 8, 2011
Page 3
INTRODUCTION
Project Setting
The subject property is located in the West Newport Mesa area on the west side of
Superior Avenue at the intersection of Hospital Road and Superior Avenue. Existing
development on the west side of Superior Avenue, in this immediate area, consists of
apartment complexes (Newport Terrace and The Beach House) and a multi -unit
condominium building (not named). East of Superior Avenue and south of Hospital Road
is a condominium complex (Versailles on the Bluff Planned Community, PC 10); north of
Hospital Road is a medical office complex (Mariner's Medical Plaza). The Hoag
Memorial Hospital complex (PC 38) is located adjacent to the east side of Versailles on
the Bluff.
The subject property has a land area of approximately 13,650 square feet and is
currently developed with an existing medical office building (approximately 6,590 square
feet), which was constructed under Orange County jurisdiction in 1957. The building
consists of the original one -story portion at the front of the site, and a two -story addition
attached to the rear constructed in 1963. The intensity on the site is approximately 0.482
FAR. Current uses within the building include six medical and dental offices, a cosmetic
surgery center, and a walk -in medical clinic, which is located at the front of the building.
Vehicular access to the property is via a driveway off Superior Avenue along the
northerly portion of front of the property. Approximately 33 parking spaces (6,5901200 =
33) are required for the existing uses on the subject site. Thirteen parking spaces are
provided on the subject site and an additional 33 parking spaces are provided on the lots
adjacent to the rear and northwesterly side of the subject property (46 total parking
spaces). The lots are owned by the applicant, but are not a part of the application
request. Due to the uses and number of parking spaces on the subject property, it is
nonconforming with the existing General Plan (RM 18 DU /AC) and Zoning Code (RM
2420) designations and regulations.
Back., rq ound
The West Newport Mesa area of the City, more specifically known as the County
Triangle, was annexed to the City of Newport Beach October 7, 1979, pursuant to
Resolution No. 9647. Portions of the annexation area were developed with multi - family
residential units. With annexation into the City, the subject property became zoned R -3
(Restricted Multiple - Family Residential), and the medical office use became
nonconforming. The R -3 zoning designation was changed to MFR (2178) pursuant to the
adoption of City Council Ordinance No. 90 -24, May 29, 1990.
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 "). At that time, the property retained a multi - residential land use designation.
33
Dr. Morgan Property Amendments
December 8, 2011
Page 4
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. Determinations of
nonconformity could not be made until finalization of the City's Local Coastal Plan (LCP) on
July 14, 2008, and adoption of the update to the Zoning Code.
October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning Code
(Newport Beach Municipal Code Title 20), which brought consistency between the Zoning
Code and the Land Use Element of the General Plan. The zoning designation of the
subject property was changed from Multiple- Family Residential (MFR 2178) to Multi -Unit
Residential (RM 2420), and it became subject to abatement in accordance with Ordinance
No. 2008 -05.
The City has sent letters to owners of all known non - residential uses in residential areas
that became subject to abatement pursuant to Ordinance No. 2008 -05. Staff has met
and continues to meet with many of the owners of those properties. Staff has discussed
with those owners the options available as a result of a property's nonconformity.
Options may include conversion of use or development to a residential use; request for
extension of the abatement period; or request to amend the General Plan and Zoning
Code to allow the continuation of the existing uses. In this case, the owner of the subject
property chose to pursue amendments to change the land use designation of the
property from multi -unit residential to medical office use in order to retain the existing
medical uses. The subject application does not include a specific project for development
at this time, but any future development would be 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 specific 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.
General Plan
The subject property is located within the West Newport Mesa area of Newport Beach. In
considering the proposed General Plan Amendment, the Planning Commission should
consider the following statements, goals, and policies of the General Plan. The General
Plan Land Use Element describes the West Newport Mesa as an area that:
"Contains a mix of residential, office, retail, industrial, and public uses. Development in the area dates
back to the mid- twentieth century. Hoag Hospital is a major activity center that continues to affect
development In the area. 11 generates a strong market for the development of uses that support the
34
Dr, Morgan Property Amendments
December 8, 2011
Page 5
hospital's medical activities such as doctors' offices, convalescent and care facilities, medical supply,
pharmacy, and similar uses. Retail commercial uses serve medical purposes, as wall as nearby
residents."
Policy Overview
"The General Plan provides for a mix of land uses for West Newport Mesa ihat include office,
research, convalescent care, and retail facilities supporting Hoag Hospital,....... While distinct sub -
districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these
districts to create a unified center that Is linked by pedestrian walkways, parklands, and other
amenities Is encouraged."
Goal LU 6.6
"A medical district with peripheral medical services and research facilities that support the Hoag
Hospital campus wilhin a well - planned residential neighborhood, enabling residents to live close to
their jobs and reducing commutes to outlying areas."
Policy LU 6.6.1 (Hospital Supporting Uses Integrated with Residential Neighborhoods)
"Prioritize the accommodation of medical- related and supporting facilities on properties abutting the
Hoag Hospital complex (areas designated as TO -M (0.5)7 with opportunities for new residential units
(areas designated as "RM (181AC'7 and supporting general and neighborhood- serving retail services
f'CC (0.75) "and "CN (0.3)) respectively,"
Although the property is not located directly abutting the Hoag Hospital complex, it fronts
on Superior Avenue at the intersection of Superior Avenue and Hospital Road. it
provides a medical facility that is clearly visible and easily accessible from either street
for residents of the area, the City, and visitors to the City's beaches. It is also located in
the immediate area of the medical commercial office (CO -M) designated property located
directly across Superior Avenue. In furtherance of the policies stated above, approval of
the proposed amendments will allow the continuation of the existing medical office uses
without being subject to abatement.
Policy LU 5.6.1 (Compatible Development)
"Require that buildings and properties be designed to ensure compatibility within and as Interfaces
between neighborhoods, districts, and corridors."
Staff believes that the current medical office building and uses on the subject property
are compatible with the multi -unit residential uses and other medical uses in the
neighboring area. The original building on the property was constructed as a medical
office building in 1957, and the property has been in continuous use as a medical use
facility since that time. The walk -in medical clinic has been operating since 1983. The
facility's visibility and convenient access from Superior Avenue allows it to provide
emergency and urgent care services for residents and visitors. Two of the building suites
contain medical offices and a surgery center, which has been continuously occupied by
the applicant for over 25 years. The medical /dental office services are similar to other
315
Dr. Morgan Property Amendments
December 8, 2011
Page 6
medical office uses located directly across Superior Avenue. The neighboring multi -unit
residential uses on the west side of Superior Avenue are developed as three -story
buildings with residential units constructed above either parking garages or carports. The
subject medical office building is separated from the residential units either by the
adjacent lots used for parking and /or by access drives from Superior Avenue. The multi-
unit residential development to the east of the subject site is located across Superior
Avenue, which is a four -lane, divided road. There is no history of land use incompatibility
with these surrounding residential uses,
The proposed Medical- Commercial Office (CO -M 0.49 FAR) designation is intended to
provide primarily for medical - related offices, other professional offices, retail, short -term
convalescent and long -term care facilities, research labs, and similar uses, with a
maximum floor area to land area ratio (FAR) of 0.49. The existing medical office gross
floor area (6,590 square feet) on the property is consistent with the proposed 0.49 FAR
(6,689 square feet) limitation allowed.
Zoning Code
The Office Medical (OM) Zoning District is intended to provide for areas appropriate
primarily for medical - related offices, other professional offices, retail, short-term
convalescent and long -term care facilities, research labs, and similar uses. The
proposed OM 0.49 district would allow development of projects with a maximum floor
area ratio (FAR) of 0.49. The proposed FAR would not require a vote of the electorate
pursuant to Measure S (Charter Section 423) and is consistent with the square footage
of the existing medical office development on the property.
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 the Zoning
Code Designation is critical to ensure orderly development and enforcement. Under the
existing RM (2420) zoning designation, the subject property could be developed with a
maximum of five dwelling units and would require a total of 13 parking spaces.
The main purpose of the requested amendment is to maintain the existing medical office
use development. The total existing number of parking spaces provided on the subject
property and the lots adjacent to the rear and the northeasterly side exceed the number
of parking spaces required by the current zoning code for the medical uses on site. Any
redevelopment of the adjacent lots would require that the subject site be redeveloped,
since the required parking would no longer be provided. With regard to the subject
property, the existing medical office development would be allowed without abatement.
Future new development would require conformance with applicable Office - Medical (OM
0.49 FAR) Zoning District development and parking standards. Although the applicant is
not proposing any new project on the subject property, approval of the amendments
would allow other uses permitted within the Office - Medical (OM) Zoning District. General
office and retail uses would be permitted by right, but more intensive uses would require
discretionary approval, which would likely include conditions of approval,
3o
Dr. Morgan Property Amendments
December 8, 2011
Page 7
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 is analyzed 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 ten years) within the
same statistical area. The proposed amendment and the two most recent amendments
previously approved within this statistical area are provided below 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
Amendment, the Amendment 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 ten years and factored into the analysis of future amendments
as indicated.
The subject project site is located within Statistical Area A2 of the General Plan Land
Use Element, and would result in an increase of 6,689 square feet of non - residential
floor area. Based on the trip generation rates contained in the Council Policy A -18
(Commercial rate), the proposed project is forecast to generate an additional 18 a.m.
peak hour trips and 24 p.m. peak hour trips. The number of dwelling units would be
reduced by five, resulting in no total change in the 'Increase in Allowed Dwelling Units"
category.
Two prior amendments have been approved within Statistical Area A2 since the adoption
of the 2006 General Plan (GP2010 -004) and the 2010 Zoning Code. Both of the
amendments (shown in Table 1) Involved land use changes from the RM (2420)
designation to IG (General Industrial).
Table 1, summarizes the increase in allowed floor area, peak hour traffic (a.m. and p.m.)
and reduction in the number of dwelling units created by the proposed amendment with
the recommended CO -M designation at 0.49 FAR. The increases indicated in the table
are based upon the City taking action on each amendment request separately and
sequentially, where only 80 percent of the changes for each approved amendment are
added to the changes for each following amendment. As indicated, none of the four (4)
thresholds would be exceeded, and therefore, a vote pursuant to Charter Section 423 is
not required. If the proposed General Plan amendment is approved by the City Council,
the amendment will become a prior amendment and 80 percent of the increases will be
tracked for ten years for any proposed future amendments. A more detailed analysis is
attached (Attachment No. PC 4),
S
Dr. Morgan Property Amendments
December 8, 2011
Page 8
Table 1: Charter Section 425 Analysis Summary
Statistical Area A2
Incmasa In Allowed
Increase In a.m. Peak
Incroase In p.m.
Increase In Allowed
Floor Area
Hour Trips
Peak Hour Trips
Dwelling Units
Proposed
GP2011 -007
6, 689 sq, 0.
18
24
0
1419 Superior Avenue
Prior Amendments
_
(80 %)
GP2011.005
1537 Monrovia Ave
13,432 sq. IL
9
8
0
(PA2011 -082)
GP2011�006
19,857 sq. f1.
13
11
0
1539 Monrovia Ave
TOTALS
39,978 sq, ft,
40
43
0
Section 423 Thresholds
40,000 sq, It.
100
100
100
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 November 3, 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. To date, the City has not received
any responses. Therefore, 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 90 -day notice 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 request for
consultation is received from the tribes, such consultation will be completed prior to
forwarding this application 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 into consistency with the present use. The sites are presently developed
and no new development is proposed at this time, which is categorically exempt under
se
Dr. Morgan Property Amendments
December 8, 2011
Page 9
Section 15301 of the California Environmental Quality Act (CEQA) Guidelines — Class 1
(Existing Facilities).
Summary
The applicant has requested the amendments to allow retention of the existing medical
office building and uses. The medical office building was constructed in 1957 and the
medical uses 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 medical uses on the property
have been in existence since construction of the medical office building. Staff believes
that requiring abatement of the uses,, at this time, would be 'contrary to the General Plan
Policies,. as stated :above. Also continuation of these uses and future development
consistent with the CO -M 0.49 FAR designation would not conflict with the General Plan,
Staff does not foresee any adverse. environmental. impacts with continued use or
redevelopment. The approval of the General Plan Amendment to the CO -M 0.49 FAR
d'esign'ation does rnot necessitate a vote of the electorate, as required by Section 423 of
the City 'Charter.
Alternatives
Alternatives to the recommended 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 des''ire•of the Planning Commission to disapprove the request in its
entirety,. the .attached resolution for denial Is, provided (Attachment No. PC 2),. It should
be noted that =s.uch an adtion would require abatement of the existing nonresidential uses .
in accordance with the.provisibns 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:
. 11'4c� 41162,
Kay Si s, Assistant Planner
by:
r
Communili Development Director
3�
Dr. Morgan Property Amendments
December S, 2011
Page 10
ATTACHMENTS
PC 1 Draft Resolution Recommending Approval with Attached Exhibits
PC 2 Draft Resolution Denying the Amendment Requests
PC 3 Relevant Information and Photos
PC 4 Section 423 Analysis Table
40
Attachment No. PC 1
Draft Resolution Recommending
Approval with Attached Exhibits
41
42
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL PLAN AND THE ZONING CODE
TO CHANGE THE LAND USE DESIGNATION FROM MULTI-
UNIT RESIDENTIAL (RM 18 DU /AC) TO MEDICAL
COMMERICAL OFFICE (CO -M 0.49 FAR) AND TO CHANGE THE
ZONING DISTRICT TO OFFICE - MEDICAL (OM 0.49 FAR), FOR
PROPERTY LOCATED AT 1419 SUPERRIOR AVENUE (PA2011-
138)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
In 1957, the County of Orange authorized construction of a medical office building
located at 1419 Superior Avenue.
2. The West Newport Mesa area of the City, commonly referred to as the County
Triangle, was annexed to the City of Newport Beach October 7, 1979, pursuant to
Resolution No. 9647. Portions of the annexation area were developed with multi - family
residential units. Upon annexation into the City, the subject property became zoned R-
3.
3. On May 29, 1990, the R -3 zoning designation was changed to MFR (2178) pursuant to
adoption of City Council Ordinance No. 90 -24.
4. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ("General
Plan Update ").
5, On January 28, 2008, the City Council adopted Ordinance No, 2008 -05, which
established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009.
6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designation of the subject property was changed from Multiple - Family Residential (MFR,
2178) to Multi -Unit Residential (RM 2420). Since the use of the subject property was
Planning Commission Resolution No.
Page 2of5
medical office in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
On July 11, 2011, an application was filed by William Roy Morgan, M.D„ F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
amendments to the General Plan and the Zoning Code to change the land use from
multi - residential to medical office use.
8. The subject property is currently located within the Multi -Unit Residential (RM 2420)
Zoning District and the General Plan Land Use Element category Multi -Unit Residential
Land Use (RM 18 DU /AC).
9. The recommended change of the General Plan designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 18 DU /AC) to Office - Medical (OM 0.49 FAR).
10. The recommended change of the Zoning District designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 2420) to Medical Commercial Office (CO -M 0.49 FAR).
11. Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required. If a project (separately or
cumulatively with other projects over a 10 -year span) exceeds any one of the following
thresholds, a vote of the electorate would be required if the City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (a.m. or p.m.),
adds 40,000 square feet or more of non - residential floor area or adds more than 100
dwelling units in a statistical area.
12. This is the third General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. The cumulative results that include 80 percent of the
increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005)
and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units
( -31 = 0.0 dwelling units) and increases the non - residential floor area (39,977 square
feet), resulting in an overall increase of 40 a.m. peak hour trips and an overall increase
of 43 p.m. peak hour trips based on the blended commercial trip rates reflected in
Council Policy A -18. As none of the four thresholds specified by Charter Section 423
are exceeded, no vote of the electorate is required.
13. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
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.
This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
Tmptl: 04/14/10
44
Planning Commission Resolution No.
Page 3 of 5
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
Use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
3. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
Amendments to the General Plan are legislative acts. Neither the City nor State
Planning law set forth any required findings for either approval or denial of such
amendments.
Code amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience, and the general welfare.
3. The amendments for the subject property to allow the existing building and uses are
consistent with the goals and policies of the General Plan, in particular the West
Newport Mesa Policy Overview and Policies LU 6.6 and LU 6.6. 1, since the property is
in the vicinity of the Hoag Hospital complex and is located on the west side of the
intersection of Superior Avenue and Hospital Road. It provides a medical facility that is
clearly visible and easily accessible from either street, and provides a medical facility
for residents of the area, the City, and visitors to the City's beaches. it is also located
in the immediate area of the CO -M designated property located directly across
Superior Avenue.
4, Future development of the subject property will be consistent with the goals and
policies of the Land Use Element of the General Plan, specifically Policy LU 621
since the reduction in housing potential is not significant given the anticipated housing
production within other areas of the City, and will not impede the City's ability to
achieve housing production goals as set forth by the Southern California Area of
Governments (SCAG),
5. The amendment will be consistent with the purpose and intent of the Office - Medical
(OM 0.49 FAR) Zoning District of the Newport Beach Municipal since any future
development of the property with uses other than those existing on the subject
Tmplt: 04/14/10
Planning Commission Resolution No.
Page 4 of 5
property must comply with the development standards and requirements of the Zoning
Code for the Office - Medical (OM 0.49 FAR) Zoning District.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -007, changing the
designation from Multi -Unit Residential (RM 18 DU /AC) to Medical Commercial Office
(CO -M 0.49 FAR); and Code Amendment No. CA2011 -010 changing the designation
from Multi -Unit Residential (RM 2420) to Office - Medical (OM 0.49 FAR), affecting
1419 Superior Avenue, Statistical Area A2, legally described as FIRST ADD TO
NEWPORT MESA TR LOT 819 70 FT LOT IN LOT -EX PORS IN ST.
To the fullest extent permitted by law, the applicant shall indemnity, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Dr. Morgan Property Amendments (PA2011 -138)
including, but not limited to, General Plan Amendment No. GP2011 -007 and Code
Amendment No. CA2011 -010. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, andlor the parties initiating or bringing
such proceeding. The applicants shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicants shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
3. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011.
AYES:
NOES:
ABSTAIN:
Tmplt: 04/14110
40
M
A"V
, Chairman
Bradley Hillgren, Secretary
Planning Commission Resolution No.
Page 5 of 5
TmpII: 04114!10 47
7
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Attachment No. PC 2
Draft Resolution Denying the Amendment
Requests
50
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH DENYING AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL. PLAN AND THE ZONING CODE TO CHANGE
THE LAND USE DESIGNATION FROM MULTI -UNIT RESIDENTIAL (RM 18
DU /AC) TO MEDICAL COMMERICAL OFFICE (CO -M 0.49 FAR) AND TO
CHANGE THE ZONING DISTRICT DESIGNATION TO OFFICE - MEDICAL
(OM 0,49 FAR), FOR PROPERTY LOCATED AT 1419 SUPERRIOR AVENUE
(PA2011 -138)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
In 1957, the County of Orange authorized construction of a medical office building
located at 1419 Superior Avenue.
2. The West Newport Mesa area of the City, commonly referred to as the County
Triangle, was annexed to the City of Newport Beach October 7, 1979 pursuant to
Resolution No, 9647, Portions of the annexation area were developed with multi - family
residential units. Upon annexation into the City, the subject property became zoned R-
3.
On May 29, 1990, the R -3 zoning designation was changed to MFR (2178) pursuant to
adoption of City Council Ordinance No. 90 -24.
4. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
5. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which
established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009,
On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designation of the subject property was changed from Multiple- Family Residential (MFR,
2178) to Multi -Unit Residential (RM 2420). Since the use of the subject property was
medical office in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
7. On July 11, 2011, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
51
Planning Commission Resolution No. _
Page 2 of 4
amendments to the General Plan and the Zoning Code to change the land use from
multi - residential to medical office use.
8.' The subject property is currently located within the Multi -Unit Residential (RM 2420)
Zoning District and the General Plan Land Use Element category Multi -Unit Residential
Land Use (RM 18 DU /AC),
9. The recommended change of the General Plan designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 18 DU /AC) to Office - Medical (OM 0.49 FAR).
10. The recommended change of the Zoning District designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 2420) to Medical Commercial Office (CO -M 0.49 FAR).
11. Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required. If a project (separately or
cumulatively with other projects over a 10 -year span) exceeds any one of the following
thresholds, a vote of the electorate would be required if the City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (a.m. or p.m.),
adds 40,000 square feet or more of non - residential floor area or adds more than 100
dwelling units in a statistical area.
12. This is the third General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. The cumulative results that include 80 percent of the
increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005)
and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units
( -31 = 0.0 dwelling units) and increases the non - residential floor area (39,977 sq. ft.),
resulting in an overall increase of 40 a.m. peak hour trips and an overall increase of 43
p.m. peak hour trips based on the blended commercial trip rates reflected in Council
Policy A -18. As none of the four thresholds specified by Charter Section 423 are
exceeded, no vote of the electorate is required.
13. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
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
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
52
Planning Commission Resolution No. _
Page 3 of 4
SECTION 3. FINDINGS.
Amendments to the General Plan are legislative acts. Neither the City nor State
Planning Law set forth any required findings for either approval or denial of such
amendments.
2. Code amendments are legislative acts, Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare. The Planning Commission has determined
that, in this particular case, that the current zoning designation is appropriate and that
a change is not necessary for the,public necessity and convenience and the general
welfare,
The existing nonresidential use is not consistent with the goals and policies of the land
use element of the General Plan or the Zoning District requirements; and, therefore,
the current uses will be subject to abatement in accordance with Ordinance No. 2008-
005.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby denies the requests for
General Plan Amendment No. GP2011 -007, changing the land use designation from
Multiple Unit Residential (RM 18 DU /AC) to Medical Commercial Office (CO -M 0.49
FAR), and Code Amendment No. CA2011 -010 changing the zoning district designation
from Multi -Unit Residential (RM 2420) to Office - Medical (OM 0,49 FAR), affecting 1419
Superior Avenue, Statistical Area A3, legally described as FIRST ADD TO NEWPORT
MESA TR LOT 819 70 FT LOT IN LOT -EX PORS IN ST.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
Tmpil: 03108/11
53
M
, Chairman
Bradley Hillgren, Secretary
Planning Commission Resolution No,
Paae 4 of 4
7mp11: 03/08/11
54
Attachment No. PC 3
Relevant Information and Photos
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RESOLUTION NO. 9647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPLYING TO THE LOCAL AGENCY
FORMATION COMMISSION (LAFCO) OF ORANGE COUNTY
FOR AUTHORIZATION TO ANNEX TO THE CITY OF
NEWPORT BEACH CERTAIN INHABITED TERRITORY
SURROUNDED BY THE CITY OF NEWPORT BEACH AND
KNOWN AS THE "COUNTY TRIANGLE," PURSUANT TO
THE MUNICIPAL ORGANIZATION ACT OF 1977
(Annexation No. 87)
WHEREAS, the logical formation and determination of
the boundaries of the City of Newport Beach is an important
factor in the orderly development of the City; and
WHEREAS, the proper management of islands of County
territory by the City is essential to the social, fiscal and
economic well -being of the City; and
WHEREAS, the extension of the logical boundaries of
the City to include islands of County territory is appropriate;
and
WHEREAS, the area known as the "County Triangle" is
totally surrounded by the City of Newport Beach and can best be
served by the City of Newport Beach,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach as follows;
1. The City Council of the City of Newport Beach
hereby applies to the Local Agency Formation Commission of
Orange County for authorization to order the annexation of the
County Triangle without an election, pursuant to the Municipal
IsOrganization Act of 1977.
2. The area to be annexed, known as the County
Triangle, is generally described as follows,
10/5/79
os
i
That area located between Superior
Avenue on the southeast, the city limits
of the City of Newport Beach on the north,
and the city limits of the City of New-
port Beach on the southwest,
and, said area is shown on the map attached hereto and marked
Exhibit "A" and incorporated herein by this reference.
3. This proposed change of City boundaries is by
form of annexation of an unincorporated island completely
surrounded by the City of Newport Beach.
4. The City Council of the City of Newport Beach
hereby requests that the proceedings to be taken for annexation
of said area be authorized pursuant to the Municipal Organization
Act of 1977 and that the proceedings may be taken without
election pursuant to Section 35150(f) of the California Govern-
ment Code, and that the Local Agency Formation Commission per-
form all acts necessary to implement said change of organization
of the City of Newport Beach,
S. The nature of these proceedings are a jurisdictional
boundary change for the logical inclusion of a County island
within the corporate limits of Newport Beach.
ADOPTED this 9th day of October , 1979.
�-
Mayor
ATTEST:
City Cl—
HRC /kv
C."TWL0 AS T .IGI.WI 10/4/79
Gny cIIRX OT llu cln 0, o.,.; v:/44
®nra OCT 1 1 1979
ORDINANCE NO. 9
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING A PORTION OF DISTRICTING MAPS 2, 3,
6, 9, 11, 12, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 32,
37, 46, 50, AND S2, TO RECLASSIFY SPECIFIC LOTS
CITYWIDE FROM THEIR CURRENT ZONES OF C-0-H,
C -1 -H, U, U -MHP, R -2, R -3, R -3 -B, R -3 -MHP, R- 3 -SPR, R.
4, SP -6, SP- 6(R -4), SP.6(R -3), AND SP•6(R -2) TO MFR,
MFR -B, MFR -MHP, MFR -SPR, AND SP -6 MFR AND
AMENDING THE CANNERY VILLAGE /MCFADDEN
SQUARE SPECIFIC PLAN (SP-6) TO INCLUDE A MULTI.
FAMILY RESIDENTIAL(MFR) ZONING DISTRICT, A R -1
ZONING DISTRICT AND AMEND THE R -2 ZONING
DISTRICT AND COMMERCIAL DEVELOPMENT
STANDARDS OF SP -6.
(Planning Commli sion Amendment No. 698)
The City Council of the City of Newport Beach does ordain as follows:
SECTION 1. The subject property is the following real property in the
City of Newport Beach, County of Orange, Slate of California:
TRACT 10272 LOT 1
FIRST ADD TO NEWPORT MESA TRACT LOT 815, 816, 915, 916
FIRST ADD TO NEWPORT MESA TRACT LOT 817 PORTION OF
LOT, P M 209 -20
® FIRST ADD TO NEWPORT MESA TRACT LOT 817 W66 FT in lot
FIRST ADD TO NEWPORT MESA TRACT LOT 918 WI/2 E 1 AC W
158.88 FT IN LOT
FIRST ADD TO NEWPORT MESA TRACT LOT 917 W 293.25 FT
E365.85 FT in lot
PM 237 -1 PAR 1
NEWPORT HEIGHTS LOT 47 SELY 210.12 FT NWLY 444 FT -EX
NWLY 78 FT N ELY 105 FT & NWLY 18 FT-
NEWPORT HEIGHTS LOT 47 SELY 78 FT NWLY 311.88 FT NELY
105 FT -EX N WLY 18 FT-
RESUB 657 (P M 160.10 PAR 1)
RESUB 656 (P M 159 -17 PAR 1)
RESUB 224 (P M 005 -37 PAR D)
NEWPORT BEACH SEC A LOT F
TR 10274 LOT 1
IRVINE SUB LOT 171 BLK 54 POR OF LOT
TR 3867 LOT B
TR 8917 LOT 1
TR 3232 LOT 6
TR 4692 LOTS 1 -99
TR 1396 LOT 1
TR 5616 LOT 1
TR 8406 LOT 1
CORONA DEL MAR LOT BLK D POR OF BLK K
PM 222 -29 PAR I
PM 228.35 PAR I
RESUB 601 (P M 138.23 PAR 1)
TR 1220 LOTS 2.28
PM 041 -43
PM 041 -45
CORONA DEL MAR BLK 231 AND BLK 232 INCLUDING PORTIONS
OF ABAND STREETS AND ALLEYS
FIRST ADD TO NEWPORT MESA TRACT LOT 917 E 72.6 FT IN LOT
00
IRVINE SUB BLK 94, RESUB 758 (PM 185/9 -10), RESUB 396 (PM
2
07
59/39)
TRACT 1237 LOT 1
TR 7789 LOT 1
PM 216 -28 PAR 1
BALBOA TR EAST SIDE ADD BLK 22 LOT 9 POR OF LOT AND T
7 R 10 SEC 2 POR NE 1/4
TR 12035 LOT 1
BALBOA TR BLK 2 LOTS 1 -4
TR 1035 LOT 1
®
TR 80773 LOT 2
TR 7599 LOT 1
TR 6027 LOT 1
TR 12208 LOT i
TR 10849 LOT 1
TR 11935 LOTS 1 -3
BALBOA TR BLK 3 LOTS 4 -8
PM 39 -23
TR 1718 LOTS 3,4, & 6 -21
TR 5854 LOTS 1 -5, & 8 -12 AND RESUB 206 (P M 80.37)
IRVINE SUB PORTION BLK 53 LOT 164 5,83 AC IN LOT
CORONA DEL MAR BLK 238 (ODD LOTS 1 -31) & BLK 239 (EVEN
LOTS 2.32)
TR 518 BLK J LOTS 17 -28
FIRST ADD TO NEWPORT MESA TR LOT 917 S 48 FT W 148 FT IN
LOT
FIRST ADD TO NEWPORT MESA TR LOT 917 N 50 FT S 98 FT W
148 FT IN LOT
FIRST ADD TO NEWPORT MESA TR LOT 917 100 FT W 148 FT S
148 FT IN LOT -FX S 50 FT-
TR 12079 LOT 1
CORONA DEL MAR POR BLK C
IRVINE SUB LOT 169 BLK 2 IRREG LOT
®
IRVINE SUB LOT 169 BLK 2 POR OF LOT AS DESC IN DO -
7839/781 OR-
TR 5783 LOT 1-20
FIRST ADD TO NEWPORT MESA TR LOT 817 N 66 FT S 132 FT E
1/2
FIRST ADD TO NEWPORT MESA TR LOT 715
TR 3813 LOT 104
TRACT 3606 LOTS 1 -11
RESUB 580 (P M 120.41 -42), TR 8638 LOT 1
IRVINE SUB LOT BLK 93 POR OF BLK (P M 35.1 PAR 1)
IRVINE SUB LOT 235 BLK 93 7.46 AC IN SWLY 1/2
TR 8381 LOT 1
PM 133 -47 PAR 1
TR 2758 LOTS 1.24
TR 13013 LOT 1
TR 10297 LOT 1
TR 12360 LOTS
NEWPORT HEIGHTS LOT 47 POR OF LOT
TR 907 LOTS 458 -492, 830 -848, 885, 920 -925, 1081 -1089, 1092.1094, P M
112 -04 PAR 1, P M 146 -26, TR 8362 LOT 1, P M 105 -43 PAR 1
TR 7530 LOT 1
TR 14028
NEWPORT BEACH SEC B BLK 18 LOTS 1.14, P M 212 -17
FIRST ADD TO NEWPORT BEACH BLK 20 LOTS 1.3 ALL -INC 10
FT ADJ ON SW- -INC POR ABAN ST ADJ. AND SELY 10 FT
LOT 9 -13 BLK 20, RESUB 326 (PM 41.43)
TR 1893 LOTS 1 -3 & 7 -27
RESUB 609 (P M 132/25 PAR 1)
PM 224 -7
FIRST ADD TO NEWPORT MESA TRACT POR LOT 819, 918, AND
LOT 919
2
07
as shown on the attached Exhibit "N" and hereinafter referred to as "Properties." Title
20 of the Newport Beach Municipal Code is hereby amended to rezone all of the above
described Properties from the GO -H, CI -H, U, U -MHP, R -2, R -3, R -3 -B, R -3 -MHP,
R -3 -SPR, R -4, SP -6, SP -6 (R -4), SP -6 (R -3), and SP -6 (R -2) Districts to MFR, MFR -B,
MFR -MHP, MFR -SPR, and SP -6 MFR.
® SECTION 2. The Planning Director of the City of Newport Beach is
hereby instructed and directed to change the Districting Maps No. 2, 3, 6, 9, 11, 12, 15,
16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 32, 37, 46, 50, and 52, referred to in Section
20.01.050 of the Newport Beach Municipal Code, and by such reference is made a part
of Title 20, prior to the effective date of this ordinance, to reflect the change as
described in Section 1 hereof, and shown in the attached Exhibit "B."
SECHON 3. Chapter 20.63 of Title 20 of the Newport Beach Municipal
Cade is hereby amended as shown In Exhibit "C' to include the Multi - Family Residential
(MFR) Zoning District and the R -1 Zoning District subject to certain exceptions and
change the R -2 and Commercial Development Standards of the Cannery
Village /McFadden Square Specific Plan (SP -6).
SECTION 4. The Planning Director of the City of Newport Beach is
hereby instructed and directed to change the Cannery Vlllage /McFadden Square Specific
Plan (SP -6), referred to In Chapter 20.63 of the Newport Beach Municipal Code, and by
such reference is made a part of Title 20, prior to the effective date of this ordinance,
to reflect the change as described in Section 3 hereof, and shown In the attached Exhibit
'C".
SECTION 5. The amendments described in this Ordinance shall be
effective and in full force thirty days from and after Cite dale of its adoption. The City
shall not refuse to issue building permits, on the basis of zoning inconsistency, for those
projects which are consistent with the standards in effect at the time plans are submitted.
These plans must be submitted to the Building Department or Planning Department for
building permit or approval in concept prior to the effective dale of this ordinance
provided, that such submittal ties been accepted as full and complete, that no
discretionary approval Is required, and that the applicant diligently processes the plans
and provides the Building and Planning Departments with all necessary information
preliminary to the Issuance of a building permit or approval in concept.
3
02
SECTION 6. The Planning Director of the City of Newport Beach is also
hereby instructed and directed to apply all of the provisions of said District to the
Properties as described herein; the same shall be In full force and effect and be a part
of Title 20 of the Newport Beach Municipal Code.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official
newspaper of the City within fifteen (15) days of its adoption. This Ordinance was
introduced at a regular meeting of the City Council of the City of Newport Beach, held
on the 14th day of MAY , 1990, and was adopted on (lie 29th day of 11aY , 1990, by
the following vote, to wit:
AYES, COUNCIL MEMBERS TURNER, WATT, SANSONR,
PLUNMRR, HART, COX
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS STRAUSS
i MAYOR
ATTEST
F \JM \OR D \A698MFR.222
Attachment: Exhibit "A," "b," ana °c•
C]
4
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CHANGE TO MFR •
From R -3 s " -i` F �rom R -4
(1500)
Attachment No. PG 4
Section 423 Analysis Table
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Correspondence
Item No. 3a
Burns, Marlene Dr. Morqan Property Amendments
From:
Wisneski, Brenda PA2011 -138
Sent:
Friday, December 02, 2011 3:36 PM
To:
Burns, Marlene
Subject:
FW: Dr. Morgan Property Amendments
Attachments:
Scan001.PDF
Follow Up Flag:
Follow up
Flag Status:
Flagged
From: Dennis D. O'Neil fmailto•doneil(6oneil- Ilccm>
Sent: Friday, December 02, 2011 2:58 PM
To: Michael Toerge; Bradley Hillgren; rhawkins(dearthlink.com; Fred Amen; Kory Kramer; ]ay Myers
Cc: Brandt, Kim; Wisneski, Brenda; Sims, Kay; Mulvihill, Leonte; drwrmorgan0gmall.com
Subject: Dr. Morgan Property Amendments
To Members of the Planning Commission
I represent Dr. Morgan on his application for amendments to the General Plan and Zoning Code to allow the continued
medical uses on the property located at 1419 Superior Avenue. This matter is Item No. 3 on the agenda for your meeting
on December 8, 2011. Dr. Morgan originally filed the attached application to extend the non - conforming use abatement
period after receiving notice that the existing medical office uses were non - conforming and would no longer be permitted
on his 1419 Superior Avenue property. Later, a decision was made to pursue the GPA and zone change in lieu of the
amendments.
Much of the information included in the abatement period extension application has relevance and I am hereby submitting
the attached application to be considered as part of the record in this proceeding.
Thank you, .
Dennis D. O'Neil
O'Neil LLP
19900 MacArthur Blvd., #1050
Irvine, CA 92612
(949) 798 -0734 (let.)
(949) 798 -0511 (fax)
donetlCo onetl- Ilo.com
NOTICE TO RECIPIENT: THIS E -MAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE
INTENDED RECIPIENT OF THE TRANSMISSION. IF YOU RECEIVED THIS E -MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR
COPYING OF THIS E -MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E -MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
«SCan001.PDF>>
�3
Abatement Period Extension Application
Planning Department
3300 Newport Boulevard, Newport Beach, CA 92863
(949) 644 -3200 Telephone 1 (949) 644 -3229 Facsimile
www, new[ortbeachca.gov
Owners Affidavit
Dennis D. O 'Neil, on behalf of applicant Dr. William Morgan,
(1) (we) depose and say that (1 am) (we are) the owners) of the property(les) Involved
In this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers
herein contained and the information iygrewith submitted are In all respects true and correct to the best of (my)
(our) knowledge and belief. ' f ^ n
Date June 7, 2011
Owner's Agent Authorization Letter Attached
NOTE: An agent may sign for the owner if written authorization from the record owner Is filed with the
application.
Please answer the questions below. Attach additional sheets, If necessary.
1. Please describe how abatement of the use at this time relates to your investment in the use.
By letter dated January 14, 2011, Dr. William Roy Morgan, principal partner of Equity Enterprises, Ltd. and owner of
the building (the "Building ") at 1419 Superior Avenue (the "Property ") was notified that the zoning classification for the
Property was changed from Administrative- Professional - Financial (APF) to Multiple Residential (RM). The uses in the
Building are now considered non - conforming and subject to abatement which must be discontinued on or before
November 25, 2011. This application is being filed requesting a time extension for the abatement period. Dr. Morgan
may at a future time submit and process an amendment to the General Plan and zoning code to remove the
non - conforming use classification and convert the Property and Building to the existing permitted uses for medical,
clinical, dental and other medical office uses. As will be explained in answer to Question #2, Dr. Morgan has occupied
the Building for his medical offices and cosmetic surgery center since 1985. In addition, Dr. Morgan has entered into
multi -year leases with tenants in the other suites in the Building currently occupied by a walk -in medical clinic and
dental offices, Dr. Morgan has over $1 million invested in improvements in the Building. Rezoning the Property to
residential does not serve to protect the public health, safety or welfare and would constitute an unconstitutional taking
of the Property without providing just compensation. As will be explained later in answers to other questions on this
application, it would not be appropriate or, for that matter, even possible to convert the Property to a residential use and
relocate the existing uses to another area if, in fact, such another location existed, which it does not.
74
2, How long has the use been operating?
Dr. William Roy Morgan is the sole partner and principal of Equity Enterprises, Ltd., the record owner of the property at
1419 Superior Avenue. The Property was acquired by Dr. Morgan in 1978 and over $1 million has been spent to
upgrade and renovate the Building on the Property during the period of 1978 -1981. There are six medical/dental offices
located on the subject property. Since 1983, the office suite at the front of the Building continues to be occupied by the
Superior Walk -In Medical Clinic. This emergency and urgent care facility fronts on the major Superior Avenue
thoroughfare affording prominent visibility and convenient access and parking for residents of Newport Beach and
visitors to the beaches nearby. Two of the building suites contain medical offices and a surgery center occupied by Dr.
Morgan who specializes in cosmetic surgery and has practiced his profession at this facility for over 25 years. The
remaining three suites in the building are occupied as dental offices. It should be understood that it took a period of over
seven years to license and certify the surgery center by the federal and state regulatory agencies having jurisdiction over
this type of a facility. The Building is located nearby and across from other medical office buildings. Hoag Memorial
Hospital Presbyterian is located in the immediate vicinity of the Building. Hoag Health Center is located on Superior
Avenue, a few blocks from the Property.
3. Please describe the suitability of the structure for an alternative use.
There are no other suitable uses for the Building or any alternate use other than those medical, clinical and dental uses
currently occupying the Property. Dr. Morgan tells me it would take anywhere from seven to ten years of permitting,
licensing and regulatory federal and state agency approvals to establish another surgery center similar to the surgery
center located in the Building, Costs associated with obtaining a surgery center certification from the regulatory
agencies and constructing and developing such a surgery center would be prohibitive and take an extraordinary amount
of time. Under any relocation scenario, Dr. Morgan would suffer significant financial damages, but, more importantly,
he would incur an impairment of his surgical skills by the delay of time it would take to license and construct a new
surgery center during which he would not be able to practice his profession. Dr, Morgan's livelihood would further be
adversely impacted significantly by the loss of rental income from the other building suites and he would be placed in a
position of breaching legally binding contractual commitments and leases with the existing tenants.
4. Please describe way there would be no harm to the public if the use remains beyond the
abatement period.
There is no record of any complaints from patients or neighboring property owners or anyone else concerning traffic,
parking, noise or any nuisance problems associated with the operation of the medical, clinical and dental offices at the
Building on the Property. To the contrary, the Superior Walk -In Medical Clinic has provided a significant facility
offering emergency urgent care for the public's convenience, health and safety for many years. This is equally true and
would also apply to the other uses in the Building.
Vpdeted 100110 2
715
6. Please describe the cost and feasibility of relocating the use to another site.
Regardless of the prohibitive costs involved, there is no other property in the vicinity of 1419 Superior Avenue which
could accommodate the uses currently in existence in the Building. Termination of the medical, clinical and dental uses
in the Building would result in a significant loss of patients and goodwill which has been established over the past 25
years. The cost and feasibility of relocating the existing uses in the Building to another site and converting the Property
to a residential use would subject the City to payment of just compensation and damages which could amount to
millions of dollars.
6. Is there any other evidence relevant to the determination of whether an extension of the
abatement period is required to avoid an unconstitutional taking of property?
It is acknowledged that zoning ordinances may require termination of non - conforming uses by providing for a reasonable
amortization period, but must consider the investment involved. The reasonableness of the amortization period depends,
among other things, on such factors as including the depreciated value of the structure to be removed, the viability and
practicality of removing the structure and uses in the Building, the remaining useful life of the structure, and the harm to
the public if the structure is left remaining.
In order to avoid an unconstitutional taking of Dr. Morgan's property, this request is respectfully made for a minimum
period of 20 years to abate and terminate the legal non - conforming use on the property at 1419 Superior Avenue in the
City of Newport Beach.
Updated IGWIa 3
i
City Council
Attachment No. CC 4
Planning Commission Resolution
T�
:n
RESOLUTION NO. 1863
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL AMENDMENTS TO THE LAND USE
ELEMENT OF THE GENERAL PLAN AND THE ZONING CODE
TO CHANGE THE LAND USE DESIGNATION FROM MULTI-
UNIT RESIDENTIAL (RM 18 DU /AC) TO MEDICAL
COMMERICAL OFFICE (CO -M 0.49 FAR) AND TO CHANGE THE
ZONING DISTRICT TO OFFICE - MEDICAL (OM 0.49 FAR), FOR
PROPERTY LOCATED AT 1419 SUPERIOR AVENUE (PA2011-
138)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS;
SECTION 1. STATEMENT OF FACTS.
In 1957, the County of Orange authorized construction of a medical office building
located at 1419 Superior Avenue.
2. The West Newport Mesa area of the City, commonly referred to as the County
Triangle, was annexed to the City of Newport Beach October 7, 1979, pursuant to
Resolution No. 9647. Portions of the annexation area were developed with multi - family
residential units. Upon annexation into the City, the subject property became zoned R-
3.
3. On May 29, 1990, the R -3 zoning designation was changed to MFR (2178) pursuant to
adoption of City Council Ordinance No. 90 -24.
4. On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
5. On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which
established the maximum time period for the abatement and termination of
nonconforming uses in residential districts. However, determinations of nonconformity
could not be made until the finalization of the City's Local Coastal Plan (LCP), which
occurred on July 14, 2009.
6. On October 25, 2010, the City Council adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The multiple residential zoning
designation of the subject property was changed from Multiple - Family Residential (MFR,
2178) to Multi -Unit Residential (RM 2420). Since the use of the subject property was
7J
Planning Commission Resolution No. 1863
Page 2 of 5
medical office in a residential zone, it was subject to abatement in accordance with
Ordinance No. 2008 -05.
On July 11, 2011, an application was filed by William Roy Morgan, M.D., F.A.C.S., owner
of the subject property located at 1419 Superior Avenue, requesting approval of
amendments to the General Plan and the Zoning Code to change the land use from
multi - residential to medical office use.
8, The subject property is currently located within the Multi -Unit Residential (RM 2420)
Zoning District and the General Plan Land Use Element category Multi -Unit Residential
Land Use (RM 18 DU /AC).
9. The recommended change of the General Plan designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 18 DU /AC) to Office - Medical (OM 0.49 FAR).
10. The recommended change of the Zoning District designation of 1419 Superior Avenue is
from Multi -Unit Residential (RM 2420) to Medical Commercial Office (CO -M 0.49 FAR).
11. Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required. If a project (separately or
cumulatively with other projects over a 10 -year span) exceeds any one of the following
thresholds, a vote of the electorate would be required if the City Council approves the
suggested General Plan Amendment: more than 100 peak hour trips (a.m. or p.m.),
adds 40,000 square feet or more of non- residential floor area or adds more than 100
dwelling units in a statistical area.
12. This is the third General Plan Amendment that affects Statistical Area A2 since the
General Plan update in 2006. The cumulative results that include 80 percent of the
increase of the prior amendments approved at 1537 Monrovia Avenue (GP2011 -005)
and 1539 Monrovia Avenue (GP2011 -006) further reduce the number of dwelling units
( -31 = 0.0 dwelling units) and increases the non - residential floor area (39,977 square
feet), resulting in an overall increase of 40 a.m. peak hour trips and an overall increase
of 43 p,m, peak hour trips based on the blended commercial trip rates reflected in
Council Policy A -18. As none of the four thresholds specified by Charter Section 423
are exceeded, no vote of the electorate is required.
13. Thirteen parking spaces are provided on the subject site and an additional 33 parking
spaces are provided on the lots adjacent to the rear and northwesterly sides of the
subject property. The three properties are owned in common by the applicant. Prior to
City Council approval, a Covenant and Agreement will be recorded with the County of
Orange to hold these three properties as a single parcel and building site.
14. A public hearing was held on December 8, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Tmpit: 04114/10
Planning Commission Resolution No. 1863
Page 3 of 5
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. - This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The proposed amendments are exempt since they do not entail any significant
alteration to the subject property and are essentially bringing the General Plan Land
Use Designations and Zoning Districts to be consistent with the existing use of the
buildings and properties involved.
3. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. FINDINGS.
1. Amendments to the General Plan are legislative acts. Neither the City nor State
Planning law set forth any required findings for either approval or denial of such
amendments.
2. Code amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience, and the general welfare.
3. The amendments for the subject property to allow the existing building and uses are
consistent with the goals and policies of the General Plan, in particular the West
Newport Mesa Policy Overview and Policies LU 6,6 and LU 6.6.1, since the property is
in the vicinity of the Hoag Hospital complex and is located on the west side of the
intersection of Superior Avenue and Hospital Road. It provides a medical facility that is
clearly visible and easily accessible from either street, and provides a medical facility
for residents of the area, the City, and visitors to the City's beaches. It is also located
in the immediate area of the CO -M designated property located directly across
Superior Avenue.
4. Future development of the subject property will be consistent with the goals and
policies of the Land Use Element of the General Plan, specifically Policy LU 6.2.1
since the reduction in housing potential is not significant given the anticipated housing
production within other areas of the City, and will not impede the City's ability to
Tmpft: 04/14110
Planning Commission Resolution No. 1863
Page 4 of 5
achieve housing production goals as set forth by the Southern California Area of
Governments (SCAG).
5. The amendment will be consistent with the purpose and intent of the Office - Medical
(OM 0.49 FAR) Zoning District of the Newport Beach Municipal since any future
development of the property with uses other than those existing on the subject
property must comply with the development standards and requirements of the Zoning
Code for the Office - Medical (OM 0.49 FAR) Zoning District.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2011 -007, changing the
designation from Multi -Unit Residential (RM 18 DU /AC) to Medical Commercial Office
(CO -M 0.49 FAR); and Code Amendment No. CA2011 -010 changing the designation
from Multi -Unit Residential (RM 2420) to Office - Medical (OM 0.49 FAR), affecting
1419 Superior Avenu e, Statistical Area A2, legally described as FIRST ADD TO
NEWPORT MESA TR LOT 819 70 FT LOT IN LOT -EX PORS IN ST.
2. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Dr. Morgan Property Amendments (PA2011 -138)
including, but not limited to, General Plan Amendment No. GP2011 -007 and Code
Amendment No. CA2011 -010. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicants shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicants shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
This action shall become final and effective
Resolution unless within such time an appeal
with the provisions of Title 20 Planning and
Code.
Tmpll: 04/14/10
fourteen days after the adoption of this
is filed with the City Clerk in accordance
Zoning, of the Newport Beach Municipal
M
Planning Commission Resolution No. 1863
Page 5 of 5
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER, 2011.
AYES: Ameri, Hillgren, Kramer, Myers, and Toerge
NOES: None.
ABSTAIN: None.
ABSENT: Hawkins
M.
TmpIC 04114/10
83
24
City Council
Attachment No. CC 5
Planning Commission Minutes
25
N
FILE COPY
NEWPORT BEACH PLANNING COMMISSI S N _I. 1210812011
c oi'rinmiut�o the existing pieces on the property. She noted that they are similar to the Fr -eS
amendment cans— i7fered, ier by the Commission. She added that the reason for_Uil request before
the Planning Commissioner at m_ai!_adoplion of an ordin urs-�irr2U06 where the City established a
maximum time period to abate ccoonhform gg i enllal zones. Ms. Brandt reported both of the
properties involve non- residenfi residential zones an hereto need to discontinue those uses or
request a Gene nendmenl and re -zone in reflection of the uses cur
ren 'con the properties.
Shedef rred to staff for a report.
ITEM NO. 3 Dr. Morgan Property Amendments (PA2011 -138)
1419 Superior Avenue
Assistant Planner Kay Sims provided details of the item addressing location, adjacent and surrounding
properties, current zoning, and previously permitted medical office building and uses by Orange County
jurisdiction. She noted uses have been non - conforming since the City annexed the area in 1979, designated
as an area to be developed for multi- family residential uses and the present request to allow the existing
medical office building and uses to remain on the property. Ms. Sims addressed location of existing parking
and reported that those properties are not subject to abatement, do not have structures on them and are not
part of the application request. She noted that the three (3) properties are owned, in common, by the
applicant and that in order to maintain all the parking spaces for the uses on the site, staff has prepared a
change to the draft resolution as follows:
Statement of Facts, No. 13 – Thirteen (13) parking spaces are provided on the subject site and an
additional thirty-three (33) parking spaces are provided on the lot adjacent to the rear and north-
westerly side of the subject property. The three properties are owned, In common, by the applicant.
Prior to City Council approval, a covenant agreement will be recorded with the County of Orange to
hold these three properties as a single parcel and building site.
Ms. Sims reported that staff believes requiring abatement of the existing medical uses on the subject property
at this time would be contrary to the General Plan policies as staled in the staff report. Continuation of the
uses and future development consistent with the medical office designation would not conflict with the
General Plan and stated that staff recommends approval of the amendment as requested.
In response to an inquiry by Chair Toerge, Ms. Sims reported that the properties are not subject to abatement
and at this time the property owner would prefer not to change the designation. He may be able to do so in
the future or perhaps change the subject property back to multi -unit residential.
Commissioner Amen commented that the entire strip area will have office buildings and fell that consideration
should be given to making changes to the area comprehensively, rather than on an individual basis.
Ms. Brandt noted that in this application, staff is looking for an abatement requirement for this particular
property but the issue of considering the area, comprehensively, can be pursued at a different time.
Commissioner Myers commented on the modification to the Statement of Facts, No. 13 as clarifying his
questions regarding durability of the parking areas.
Chair Toerge invited the applicant to address the Planning Commission on this item
Dennis O'Neil, representing the applicant, addressed the Commission noting that this is an area that lends
itself to medical office uses, due to its proximity to Hoag Hospital. He expressed agreement with the staff
report and its findings. He reported including all three (3) parcels in the original application but then noticed
they would exceed the threshold allowable under Hie Charter 423 provision and therefore, they removed the
two (2) parking parcels. He that noted they wanted to make sure those parcels were tied to the medical office
building and that staff recommended they do so through a covenant agreement which has been executed,
notarized, and delivered to the City. He encouraged the Commission to approve staffs recommendations.
Page 3 of 6
WA
NEWPORT BEACH PLANNING COMMISSION MINUTES
12/08/2011
Chair Toerge opened the public hearing. Seeing and hearing no one else willing to address the Commission,
the public hearing was closed.
Motion made by Vice Chair Hillgren, seconded by Commissioner Kramer to adopt Resolution No. PA2011-
138 recommending the City Council approve General Plan Amendment No. GP2011 -007; and Code
Amendment No. CA2011 -010 as presented. The motion carried with the following roll call vote:
AYES:
Amen, Hillgren, Kramer Myers, and Toerge
NOES:
None.
ABSENT(EXCUSED):
Hawkins
ABSTAIN:
None,
NO.4 Presla Property Amendments (PA2011 -179)
2888 & 2890 Bay Shore Drive
Assistant lanner, Makana Nova, presented details of the application addressing toca5 of parcels,
adjacent pr erties, original development, number of units, structures supporting the velopmenl and
commercial u \with ring over time. She noted that because of the comm ial uses on the
residentially zerty, the uses are subject to abatement as currently zo ed. Therefore, the
applicant has ad a code amendment request in order to allow commerci uses on the property.
Ms. Nova rephe requested amendment for the property to the south ' to address a necessary
change in the the land use designations would be changed t accommodate 39 dwelling
units. She ath roperty to the north would be changed t a Mixed -Use Water - Related
designation (th a ' nation of one dwelling unit to reflect a existing devel opment on the
property).
Ms. Nova reported that some of the equired parking for /ubi mg apartment complex is provided on
the northerly parcel. When the two (2 arcels were re -d in 1995, there were easements that
were created to address parking. She a ded That the ants would add some commerci al Floor
area to the thresholds for the 50423 but non of those thr re exceeded.
In response to an inquiry by Vice Chair Hillgre Nova reported the request for a change to 39
dwelling units would reflect the existing developrne Any changes could potentially affect the parking.
Community Development Director Brandt clan' d that th a are two (2) zoning designations proposed for
the two properties which could be re -devei ed in the fut e, independently of one another. However,
there is existing parking provided on the ortherly parcel, wh' h would need to be resolved at that time.
She added that (here is the potential to evelop 39 new units wi the demolition of the existing structures
and do a combination of parking gar es with units on top.
In answer to a follow up ques' n by Vice Chair Hillgren, Ms. Bran reported that the zoning code
establishes that there could no more than 39 units in the southerly rcel. The new development
would have to conform to the zoning standards for the zoning designati The maximum height for
that property would rema unchanged regardless of density limitations.
Senior Planner RaM)r6z confirmed that the height limit is 28 feet and that the Floor -a a limit is determined
by the si/eued , and not by the number of units.
Discussirelated to the current building heights. If was noted that the current he ht Is close to
what is iscussion continued regarding the number of units currently allowed p acre and
possible nts In the future.
irandt reported that overall, the density that exists today would be the same density if both
scraped and redeveloped.
Page 4 of 6
::
City Council
Attachment No. CC 6
Section 423 Analysis Table
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Attachment No. CC 7
Site Photos
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City Council
Attachment No. CC 8
Covenant and Agreement
1?9
120
RECORDING REQUESTED
BY AND WHEN RECORDED
PLEASE RETURN TO:
CITY OF NEWPORT BEACH
Planning Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA
92658 -8915
COVENANT AND AGREEMENT TO HOLD PROPERTY
AS A SINGLE PARCEL AND BUILDING SITE
The undersigned hereby certify(ies) that (I am) (we are) the owners) of the real property located
in the City of Newport Beach, County of Orange, State of California, described as follows:
Assessor Parcel Nos. 424 02107, 424 02108, 424 021 13
Job Address: 1419 Superior Avenue, Newport Beach, CA 92663
Except as regulated by Section 20.60.040 of the Newport Beach Municipal Code, (1) (we) do
hereby covenant and agree with said City that the above legally described land shall be held as a single
parcel and building site and no portion shall be sold or otherwise used as a separate or more than one
parcel and building site.
This Covenant and Agreement shall run with the land, and shall be binding upon (myself)
(ourselves), and future owners, encumbrancers, their successors, heirs, assignees and shall continue in
effect until such time that the Newport Beach Municipal Code unconditionally permits the use or herein
above referred to or unless otherwise released by authority of the Planning Director of the City of
Newport Beach.
121
Owner agrees that this Covenant shall always be prior and superior to and shall be recorded prior
to any mortgage, deed of trust or any other hypothecation for security hereafter placed on the Property.
Owner agrees to execute and deliver to City any instrument that may be deemed necessary to effect
subordination to this Covenant of any mortgage or deed of trust or other hypothecation already recorded
against the Property, such that the covenants, conditions, and restrictions in this Agreement shall be
binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale
or otherwise.
Print or Type
Print or Type
APPROVED FOR RECORDING:
Kimberly Brandt, AICP
COMMUNITY DEVELOPMENT DIRECTOR
f City of Newport Breach
By:
ATTEST:
!cmftLERK, City of Newport Beach
0 4 >+
Pw (Addma) Qftcumante and Settings\cit \Local SettingATemporary Internet
Files \OLK2E \CovAg_SingleParcel.docx
updated ens/io
122
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 7, 2011 before me, Jacquelyn A. Heckelhorn a
Notary Public, personally appeared William Roy Morgan, M.D., F.A.C.S,
who proved to me on the basis of satisfactory evidence to be the person(&) whose name($) Islam-
subscribed to the within instrument and acknowledged to me that helsheNthrry executed the same
in hlslherRheir authorized capacity(ies), and that by hislheNNreir signature(e) on the Instrument
the person(s), or the entity upon behalf of which the person(%) acted, executed the instrument.
I certify under PENALTY OF PERJURY un
I s
.6i9ftie State of California that the
E
foregoing paragraph is true and correct. LYN AN HECKETHORN
CaaMnWrlun r 196MI
me" Public • Catilornis
WITNESS my hand and official seal.�,]Y
uis f
/m1fet
STATE OF CALIFORN IA
COUNTY OF ORANGE
On before me, a
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the pefsdn(s) whose name(s) Is /are
subscribed to the within Instrument and acknowledged to me that'helshe /they executed the same
in hlslherlthelr authorized capacity(les), and that by hislheritheir signature(s) on the Instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph Is true and corfatt.
WITNESS my hap"nd official seal.
Notary Public
123
124
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• 1C�
s -
5
dr
120
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) 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 notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, February 18, 2012
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on February 22, 2012
at Los Angeles, California
Signature
RECEIVED
"iui2 FEB 24 M 9: 35
OFFICE OF
THE CITY CLERK
CITY C ! "'ORT BEACH
CITY OF NEWPORT BEACH
PUBUC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY
GIVEN that on Fehruary
14, 2012, [he City Coun-
cil of the City of New-
port Beach, California,
introduced an Ordi-
nance entitled:
ORDINANCE NO. 2012-
7
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF NEWPORT
'BEACH APPROVING
ZONING CODE
AMENDMENT NO.
CA2011 -010 FOR
PROPERTY LOCATED
AT 1419 SUPERIOR
AVENUE (PA2011-
138).
The proposed Ordinance
would change the land
use designation of the
subject property from
Multiple Residential (RM
18 DU /AC) to Medical
Commercial Office
(CO -M 0.49 FAR); and
change the zoning dis-
trict designation from
Multiple Residential (RM
2420) to Office Medical
(OM 0.49 FAR).
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 14th
day 0f February, 2012,
by the following vote:
AYES: Hill, Rosansky,
Gardner, Selich, Curry,
Daigle, Mayor Henn
NOES:None
ABSENT:None
Second reading of Ordi-
nance No. 2012 -7 will
occur at the February
28, 2012 City Council
meeting. If adopted on
February 28, 2012, the
Ordinance shall became
final and effective thirty
(30) days after adop-
tion.
Dated this 15th day of
February, 2012.
/s/
Leilani ]Brown
City Clerk .
City of Newport Beach
h
Beach Newport
Bea/CostCost a Mesa Daily
Pilot February 18, 2012
�s