Loading...
HomeMy WebLinkAbout80-68 - Denying General Plan Amendment GP-80-2BRESOLUTION NO. 80-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT GP -80-2B. WHEREAS, the General Plan 1990, as amended, was adopted by the City Council of the City of Costa Mesa by Resolution Number 71-27 on April 5, 1971; and WHEREAS, General Plan Amendment GP -80-2B, a plan to change the pro- posed use at 939-943 West 18th Street, from Light Industry to Medium Density Residential has been recommended for denial by the Planning Commission; and WHEREAS, the Planning Commission has recommended Option I, to main- tain the existing Light Industry designation; and WHEREAS, a public hearing was duly held in accordance with Section 65355 of the Government Code of the State of California, all persons having been given the opportunity to be heard, both for and against said Amendment GP -80-2B to the General Plan; and WHEREAS, this Council deems it to be in the best interest of the City that said Amendment to the General Plan be denied; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that General Plan Amendment GP -80-2B is hereby denied under Option I of General Plan Amendment GP -80-2B, as shown on Exhibit "A", attached hereto and made a part thereof. PASSED AND ADOPTED this 8th day of July, 1980. (I \ L'r Mayor of the City o osta Mesa ATTEST: &itl =� 9 City Clerk of the City of Cos Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 80-68 was duly and regularly passed and adopted by said City Council at a regular adjourned meeting thereof held on the 8th day of July, 1980. IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 9th day of July, 1980. J p64" City Clerk and ex -officio Clerk Wthe City Council of the City of Cost Mesa GENERAL PLAN AM ENnM NT GP -80-28 I. IN."RDDUC TI O: General Plan Amendment GP -80-2B was initiated to amend the land use designa- tion of property located at 939-945 West 18tt: Street fror, Light Industry to Medium Density Residential. This application was filed by David Perez, owner of the subject property, as the first step to resolve the current nonconfornr- ing use of the parcel. The property is zoned MG (General Industrial) for industrial use but developed and used for residential purposes. Resolution of this condition is required to legalize an illegal second -story addition to the existing dwellings. Map 5 locates the subject property and identifies the existing General Plan designations and zoning of parcels in the general area. II. ARFA DESC'RIPT'ION The subject parcel contains 19,800 square feet of lot area, measuring 66 feet wide and 300 feet deep, and is currently developed with five residential units. Initially developed with three detached residential units in 1956, a fourth detached unit was added in 1958. Construction of the illegal second floor unit was cornu enced in early 1978 without building permits. (Building Division records indicated that the property owner was notified on March 1, 1978, to cease construction on this addition. Failure of the owner to respond to further City contacts resulted in the filing of a complaint with the Harbor Municipal Court in October, 1979.) Properties within the same block as the subject property are developed with a mixture of land uses (Map 6). Including the subject parcel, 26 of the properties are developed residentially with a total of 162 units. Of this total, 50 are nonconforming units. The largest parcel devoted to residential use, the 9.56 -acre Greenleaf Mobile Hone Park (92 spaces) located at 1750 Whittier Avenue, is wrrently zoned R1. Industrial uses occupy 21 of the parcels in this block. Most of the uses are related to the manufacturing or repairing of boats. Of the remaining parcels, four are used for both Industrial and residential uses while one, at the corner of 18th Street and Monrovia Avenue, is occupied by a pre-school. parcels immediately north of the subject property, across 18th Street, are also developed with residential units. Other uses cn the north side of 18th Street include the Whittier Elementary Stool and a small office/manufacturing building located at the northwest corner of 18th and Monrovia. III. BAMGROLM The future use and development of this general area has been the subject of three separate studies initiated since 1974. While not all of these studies have specifically included the subject parcel, the conclusions drawn from the Information presented and the action of the City Council in response to these reports provide policy guidance which my be applied to the review of the subject request. Exhibit "A" for Resolution No. 80-68 Page 1 GENERAL PLAN/ ZONING . _ . ,I R3 r R3 CP 2 CLI MG MIB_IFrT DQnPFRTf IV W V th 8T 1 r R LIGHT INDUSTRIAL HIGH DENSITY RESIDENTIAL MAP 5 Exhibit "A" for Resolution No. 80-68 Page 2 LAND USE F� W 18th ST t W W to sT 1 r EDUCATIONAL INDUSTRIAL VACANT RESIDENTIAL/ NUMBER OF UNITS MIXED USE MAP 6 Exhibit "A" for Resolution No. 80-68 Page 3 The first study, the Whittier Avenue General Plan Study, was prepared to review and resolve General Plan and zoning inoonsistencies on the proper- ties west of Whittier Avenue and south of 19th Street. At the time of the Stud), (January, 1974), this area was designated Low Density Residential try the General Plan but zoned Ml. Upon review of the accompanying General Play, Amer►dnient, GP -74-05, the City Council determined that the most appropriate long -tern, use of the majority of the study area was industrial. As sucr,, all of the area except the Ooeanview single-family tract and the parcel at the western terminus of 16th Street were redesignated Light Industry by the General Plan. Shortly thereafter, the Whittier -Monrovia General Plan Study was initiated to investigate General Plan, toning and land use conflicts within the area bounded by 19th Street, Whittier Avenue, 16th Street, and Monrovia Avenue. This study noted that the area is an unfortunate mixture of generally incem�- patible residential and industrial uses created by past city and county land use and zoning policies. In order to resolve the conflicts in the area, three alternative General Plan/Zoning options were presented. Again, the City Council viewed this area as an industrial district and retained the Light Industry General Plan designation south of 16th Street. The most recent study in the vicinity was conducted in conjunction with the Westside C ummity Plan in May, 1976, to review and consider the long-term land uses for five mobile home parks in the southwest industrial area. one of these parks was the Greenleaf Park at 1750 Whittier Avenue. During Staff research for the report, it was noted that many owners considered the parks as temporary or interim land uses and indicated support for future conversion to industrial uses. In response to this input, the Council retained the Light Industry General Plan designation for the Greenleaf Park and three parks south of 17th Street. Staff was also directed to prepare a Specific Plan to resolve the zoning/General Plan conflict on the Greenleaf property and to provide incentives or techniques for the future conversion to indus- trial use. As noted in the report, this action provided the City "the opportunity to reaffirm the Light Industry General Plan designation of the area and to establish a long -tern goal of eliminating the mixed land uses.' V. @JVIRORME rAL REVIw An Initial Study of Snviru mental impacts was Conducted for the proposed amendment to the General Plan. Potential iapacts relating to the interface of two generally iro=n aatible land uses (residential and industrial), land use alterations, and population/housing characteristics were noted. However, It was determined that the extent of the impacts was not significant and no mitigation measures were required. As such, the Initial Study Concluded that a Negative Declaration can be adopted. Approval of the requested amendment could allow the ultimate construction of six residential units. Such a project could be expected to house 11 persons and generate 39 vehicle trips per day. Development under the provisions of the current Light Industry General Plan designation could be expected to coach 9,900 square feet of building area and generate 18 vehicle trips per day. Exhibit "A" for Resolution No. 80-68 Page 4 V. Gf?Jt. RAL PLAN OCNF0WJ7Y The requested amendment has been examined in respect to the various elements and subelements of the General Plan currently being prepared. Although sox - elements of the General Plan have not been adopted, the proposed amendment has been ccrriared to those applicable components which have been or will be included in the General Plan. Two sections within the Environmental Resources/Management Element discuss issues relative to the requested amendment. First, the Air Quality Subelement notes that the majority of complaints regarding dust and particulate matter, fumes and odors, and smoke is generated in the Southwest Industrial District where residential and industrial uses interface. Noise is the second su:r element of interest because of the proximity of the subject property to such uses as automotive and boat repair, manufacturing, and race preparation. Comparison of the requested amendment with the Community Develcpment/Manage- ment Element identified three areas of concern. In discussing the impacts of land use patterns on the image of the City, the Urban Design Subel ement notes that areas of mixed or incompatible uses exhibit higher trends of poor quality development, resale and leasing problems, and low maintenance levels. Because of the age of the four legal units on the property, private redevelop- ment of the site can be anticipated. Approval of the amendment and a subsequent rezone to an appropriate residential sone will resolve the nonconforming use status of the property and possibly encourage upgrading of the existing unit or replacement with as many as six new units. Denial of the amendment would require the removal of the fifth illegal unit and prohibit further iaprovements to the other units, possibly providing an incentive to redevelop the property as a conforming industrial use. It is expected that the age and location of the existing units result in below average rental rates and provide a source of lower cost housing. however, the benefits or contributions of the units to the City's low or moderate -income housing inventory must be balanced by less than desirable location of the units with respect to surrounding incompatible industrial uses. The Land Use Element analyzes a number of issues relating to future use and development patterns. Two of these issues deal with topics applicable to the requested amenckTent. First, the parcel is an example of the many narrow, deep lots which can be found throughout the southwest and east portions of the City. The Land Use Element notes the problems associated with the nature and quality of development constructed on these sites and the inherent design constraints of these parcels. A second issue relates to the subject of n wKmforming uses and buildings. Resolution of the current nornoonforming use status of the subject property can be acoomplished through General Plan and Zoning amend- ments or through the amortization or abatement of the current mwmforming and illegal units. VI. LAND USE OPTIONS Three alternative land use options, combinations of General Plan and zoning classifications, were developed as a basis of analysis for the request amend3- ment. Two options pertain to the subject property while the third discusses amerviments to a larger area within the same block. Foch option is discussed in the following stiction. Exhibit "A" for Resolution No. 80-68 Page 5 A. Option I retains the existing Light Industry General Plan designation and Mw zoning classification. Denial of the applicant's request would lead to the removal of the illegal second -story addition since building permits could not be issued to expand a nonconforming use. The remaining four units could remain as nonconforming units until the owner's investment in the structures has been amortized or the units are replaced with eonfoaning structures and uses. Implementation of this option is consistent with previous decisions by the City Coancil concerning the most appropriate long -terra use of the properties in the general area. It is also a commitment to phase out the existing nonconforming residential uses and eliminate the adverse conditions associated with the current mixture of uses in the area. B. tion II would redesignate the subject property to Mediurr, Density Residential in conformance with the applicant's request and would suggest a subsequent rezone to R2. 7hese actions would resolve the current rKmoconforming use status and would be the first step to legalize the second -story addition. Building permits could be issued following approval of a Development Review application and corrections of any building code violations or deficiencies. While this option could resolve current problems associated with the subject property, it could also set an undesirable precedent for future land use deci- sions by creating an isolated island of residential property in an otherwise industrially designated area. Such an action is also counter to accepted planning theory regarding the purpose and function of the General Plan. C. Option III would require expansion of the area impacted by the General Plan Amendment to include the subject parcel and the parcels located between 947 and 999 West 18th Street, 1702 and 1790 Whittier Avenue, and 950 to 996 West 17th Street (Map 7). This option would apply the Medium Density Resi- dential designation to the majority of the residentially developed parcels and two remaining undeveloped parcels within the block. Subsequent rezone of this area to a residential district would create nonconforming use situations on seven parcels fully or partially occupied by industrial uses. Most of the parcels included in this expanded study area are also included in one of the 104 Special Study Areas developed for study in the Land Use Element portion of the current General Plan Review Program. Study Area 1-27 includes the Greenleaf Mobile Home Park and the parcels immediately to the south fronting on West 17th Street. I" Use Options under consideration in- clude Light Industry, Low Density Residential, and Medium Density Residential. Decisions on the individual study areas are anticipated in late 1980. Should this option be preferred, Staff recommends expansion of the boundaries of Special Study Area 1-27 to include the properties identified in Map 7 and consideration of GP -80-28 in conjunction with the other Special Study Areas. Staff reomm ends implementation of Option I, denial of the requested amendment. This action is consistent with past policy decisions and seeks to encourage and reserve all of the area south of 18th Street as an industrial district. Selection of either Option II or III would perpetuate an existing undesirable situation by allowing continued confrontation of industrial and residential uses. Also, adoption of Option II or III would condone the illegal expansion of an existing nonconforming use to the detriment of the surrounding owners of conforming land uses. Exhibit "A" for Resolution No. 80-68 Page 6 i OPTION 01 w 2X LIWI W 18th ct 1 W. A th ST EXPANDED STUDY AREA SPECIAL STUDY AREA 1.27 MAP 7 Exhibit "A" for Resolution No. 80-68 Page 7