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Home My WebLink About04 - Initiation of Zoning Code Amendment Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District (PA2020-316)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 24, 2020 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, AICP, Principal Planner jmurillo@newportbeachca.gov PHONE: 949-644-3209 TITLE: Resolution No. 2020-98: Initiation of Zoning Code Amendment Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District (PA2020-316) ABSTRACT: For City Council's consideration in an initiation of amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). The amendments relate to allowing Eating and Drinking Establishments and Health/Fitness Facilities in the Mixed - Use Dover/Westcliff (MU -DW) zoning district. This item was brought forward by Council Member Duffy Duffield under the City Council policy A-1 and was unanimously supported by the City Council. RECOMMENDATION: a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) Adopt Resolution No. 2020-98, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW (Mixed -Use Doverlwestcliff) Zoning District (PA2020-316). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 4-1 Resolution No. 2020-98: Initiation of Zoning Code Amendment Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District (PA2020-316) November 24, 2020 Page 2 DISCUSSION: NBMC Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council with or without a recommendation from the Planning Commission. This agenda item is not a public hearing. Should the City Council choose to initiate these proposed amendments, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at future public hearings. anded Uses in MU -DW Zonina District The MU -DW zoning district is comprised of six lots located along the westerly side of Dover Drive between 16th Street and 17th Street. The lots are predominantly developed with office buildings, except for 801 Dover Drive, which is developed with a church. As part of the 2006 General Plan Update, these lots were identified as a new opportunity for mixed use development and in 2010, zoning for the block was changed from Administrative, Professional and Financial (APF) to Mixed -Use Dover/Westcliff (MU -DW). It should be noted that eating and drinking establishments and health and fitness facilities were conditionally permitted uses within the previous APF zoning district but are now prohibited uses within the MU -DW zoning district. The MU -DW land use category and zoning classification are intended to be developed for professional office or retail uses, or as horizontal or vertical mixed-use projects that integrate residential dwelling units with retail and/or office uses. Property owners within the MU -DW have indicated difficulty leasing office space but have received inquiries for prospective restaurant and fitness uses that would like to lease their vacant space given the district's location immediately adjacent to a successful commercial strip that include numerous restaurants. Furthermore, of the six mixed-use zoning districts contained in the Zoning Code, the MU -DW zoning district is the only mixed-use district that does not allow restaurants and fitness uses. Staff believes allowing these uses would be compatible with the uses allowed by the zone and surrounding lots. The amendment, if approved, could offer convenient opportunities for the community, and would provide the property owners with additional alternatives for the use of their properties. Not all property owners within the MU -DW are supportive of the code amendment. The Church of Jesus Christ at Latter-day Saints at the northwest corner of Dover Drive and 16th Street does not support the zoning amendment. Their primary concern is revolving around available parking. If surrounding properties are converted to eating and drinking establishments or health and fitness facilities, then they believe the church parking lot may be impacted by those patrons visiting the surrounding properties. 4-2 Resolution No. 2020-98: Initiation of Zoning Code Amendment Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District (PA2020-316) November 24, 2020 Page 3 4-3 V ?l�4 MU -DW Block �. e•.} IN��. #A{ a4` 7n x � Via^ �'J` ; '.f (t• Newport - r Ck` GENERAL PLAN ZONING OQQ P /• CN 2�p `- CL�e 51 �¢� ��, � • s9 s PJ SF L //� pqH� 4l F OOn P /, N,ypy 66 e�QO P ✓¢�q CCFSl � • � � �v� aF a 9 �G/� SAN ("� b G v �C y6-�, °.'s �• °��'. d l `�'¢ �• Pe'Q Fri 3' t / h, B i P AGO Newport Harbor . �Pe� High Sdwol - ° Q9ry Newport Harbor High Sdool wry ,� °qy' F4� b ry P�9 NO � Q n }AN� GyTq �W BobHenry "s N`° Park X55 a� t1 J opGO n��1 �47 Sl a3 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed -Use Horizontal 1 MU -H1 Mixed -Use DoverMestcliff MU -DW Offices and Church NORTH Multiple Residential RM Multiple Residential RM Residential apartments SOUTH General Commercial Office CO -G Office -General (OG) Personal service, fitness, and hospital uses EAST Single Unit Residential Detached RS -D Planned Community (PC) Single -unit residential dwellings Commercial General WEST General Commercial CG & Retail, restaurant, and service uses (CG & RM) Planned Community &residential apartments 4-3 Resolution No. 2020-98: Initiation of Zoning Code Amendment Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District (PA2020-316) November 24, 2020 Page 4 ENVIRONMENTAL REVIEW: The adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. NOTICING: The Municipal Code does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. ATTACHMENT: Attachment A — Resolution No. 2020-98 Un ATTACHMENT A RESOLUTION NO. 2020-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO EATING AND DRINKING ESTABLISHMENTS AND HEALTH/FITNESS FACILITIES IN THE MU -DW (MIXED-USE DOVE R/WESTCLIFF) ZONING DISTRICT (PA2020-316) WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, the MU -DW (Mixed -Use Dover/Westcliff) zoning district does not allow for eating and drinking establishments or larger health/fitness facilities despite being located immediately adjacent to general commercial uses along Westcliff Drive that include these uses; WHEREAS, property owners of MU -DW (Mixed -Use Dover/Westcliff) zoned properties have raised concerns about the challenges of leasing existing office space and propose expanding the uses to include restaurants or fitness type uses; and WHEREAS, the City Council desires to amend Title 20 (Planning and Zoning) of the NBMC related to Eating and Drinking Establishments, and Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) zoning district. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to Title 20 (Planning and Zoning) of the NBMC related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) zoning district. Section 2: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. GID Resolution No. 2020 - Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA°), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 24th day of November, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE C---, C ff — Aaron C. Harp City Attorney