HomeMy WebLinkAbout2.0_Mixed-Use Dover Westcliff (MU-DW) Zoning District Code Amendment_PA2020-316CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 8, 2021
Agenda Item No. 2
SUBJECT: Mixed-Use Dover/Westcliff (MU-DW) Zoning District Code
Amendment (PA2020-316)
Code Amendment No. CA2020-009
SITE LOCATION: 801, 833, 881, and 901 Dover Drive, 1501 and 1515 Westcliff
Drive
APPLICANT: City of Newport Beach
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
The Mixed-Use Dover/Westcliff (MU-DW) District does not currently allow for
restaurants (eating and drinking establishments) or larger health/fitness facilities
over 2,000 square feet in area. This Zoning Code Amendment would allow eating
and drinking establishments and larger health/fitness facilities in the MU-DW
District, subject to meeting the parking requirements and obtaining a use permit.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this action proposed herein not a project subject to the California
Environmental Quality Act (CEQA) in accordance with Section 21065 of the
California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and
15378 of the California Code of Regulations Title 14, Division 6, Chapter 3
(CEQA Guidelines”). Zoning Code Amendment CA2020-009 is also exempt
pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential
to have a significant effect on the environment; and
3)Adopt Resolution No. PC2021-009 recommending the City Council approve
Zoning Code Amendment No. CA2020-009 to amend Table 2-8 of Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements)
of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
(NBMC) (Attachment No. PC 1).
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MU-DW Code Amendment (PA2020-316)Planning Commission, April 8, 2021
Page 2
VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Horizontal 1
(MU-H1)
Mixed-Use
Dover/Westcliff (MU-DW) Offices and Church
NORTH Multiple Residential (RM) Multiple Residential (RM) Residential (condominiums &
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
WEST General Commercial
(CG) & RM
Commercial General
(CG) &
Planned Community
Retail, restaurant, and service
uses & residential apartments
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MU-DW Code Amendment (PA2020-316)
Planning Commission, April 8, 2021
Page 3
DISCUSSION
Background and Project Setting
The MU-DW District is comprised of six parcels located along the westerly side of
Dover Drive between 16th Street and Westcliff Drive. Prior to its current MU-DW
zoning designation, the six parcels were zoned Administrative, Professional and
Financial (APF). As part of the 2006 General Plan update, the subject parcels
were identified as a new opportunity for mixed-use development and in 2010, the
zoning for the block was changed from APF to MU-DW. Eating and drinking
establishments and health and fitness facilities were conditionally permitted uses
within the previous APF District.
The MU-DW District is adjacent to a bustling commercial strip along Westcliff Drive
that includes numerous restaurants. Other uses surrounding the MU-DW District
include residential, a high school, medical offices, and service uses, such as health
and fitness facilities and a beauty salon. The MU-DW parcels are predominantly
developed with multi-tenant office buildings, except for 801 Dover Drive, which is
developed with a religious institution. The MU-DW District is intended to be
developed with professional office or retail uses, or as horizontal or vertical mixed-
use projects that integrate residential dwelling units with retail and/or office uses.
Standalone nonresidential uses are permitted; however, standalone residential
uses are not permitted.
Code Amendment Initiation
In 2020, some of the property owners within the MU-DW District expressed to the
City a difficulty with leasing existing office space and suggested that the ability to
lease the underutilized space as either restaurants or gyms would help fill the
vacancies.
In response, on October 27, 2020, City Council Member Duffield requested the
City Council consider initiating an amendment to the MU-DW Zoning District be
placed on a future agenda. The City Council agreed unanimously to bring this
matter back at a future meeting. The meeting minutes are included as Attachment
No. PC 3.
On November 24, 2020, the City Council adopted Resolution No. 2020-98 initiating
the code amendment. The Resolution was adopted by a unanimous vote and is
included as Attachment No. PC 4.
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MU-DW Code Amendment (PA2020-316) Planning Commission, April 8, 2021
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Eating and Drinking and Health/Fitness Uses in the MU-DW District
Of the six mixed-use zoning districts contained in the Zoning Code, the MU-DW
District is the only one that does not allow the entire variety of eating and drinking
establishments and larger fitness facilities. Restaurants and large fitness facilities
were excluded from the zone when it was created out of a concern that the uses
might be incompatible with surrounding residential uses.
Zoning Code Table 2-8 (Allowed Uses and Permits Requirements) lists the
currently permitted and conditionally permitted uses within the MU-DW zoning
district. The proposed Zoning Code Amendment would add eating and drinking
establishments and larger fitness facilities as conditionally permitted uses
(Attachment No. PC 5). Smaller fitness facilities are already permitted. Use permit
requirements would replicate the permit requirements of other mixed-use zoning
districts and would require discretionary review of each proposal to ensure
neighborhood compatibility. The proposed Zoning Code Amendment will not alter
off-street parking ratios, ensuring that adequate parking is provided for any new
uses proposed at the existing properties.
These uses would be compatible in this zone through the individualized use permit
review process, could offer additional dining and service opportunities for the
community, and would provide the property owners with more flexibility and
ultimately better economic use of their properties. Allowing these uses in proximity
to existing residential areas would also permit residents to walk or bike and avoid
automobile use.
General Plan Consistency
The General Plan land use category for the six parcels is Mixed-Use Horizontal 1
(MU-H1). According to Table LU1 (Land Use Plan Categories) of the General
Plan, any land use within the MU-H category is intended to provide for the
development of areas for a horizontally distributed mix of uses, which may include
general or neighborhood commercial, commercial offices, multi-family residential,
visitor-serving and marine-related uses, and/or buildings that vertically integrate
residential with commercial uses. The General Plan provides more guidance for
the development of MU-H1 by further stating, “properties located in the Dover
Drive/Westcliff Drive area may also be developed for professional offices or mixed-
use buildings that integrate residential with retail or office uses on the ground floor
in accordance with the Commercial Office (CO) and Mixed Use Vertical (MU-V2)
designations respectively. Both the CO and MU-V2 categories allow for eating and
drinking establishments and larger health and fitness facilities.
Additionally, the following goals and policies found in the General Plan can be used
to evaluate the Zoning Code Amendment:
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MU-DW Code Amendment (PA2020-316)
Planning Commission, April 8, 2021
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Policy LU 1.5 Economic Health - Encourage a local economy that
provides adequate commercial, office, industrial, and marine-oriented
opportunities that provide employment and revenue to support high-quality
community service.
Goal LU 2 - A living, active, and diverse environment that complements all
lifestyles and enhances neighborhoods, without compromising the valued
resources that make Newport Beach unique. It contains a diversity of uses
that support the needs of residents, sustain and enhance the economy,
provide job opportunities, serve visitors that enjoy the City’s diverse
recreational amenities, and protect its important environmental setting,
resources, and quality of life.
Policy LU 2.1 Resident-Serving Land Uses - Accommodate uses that
support the needs of Newport Beach’s residents including housing, retail,
services, employment, recreation, education, culture, entertainment, civic
engagement, and social and spiritual activity that are in balance with
community natural resources and open spaces.
Policy LU 2.4 Economic Development - Accommodate uses that maintain
or enhance Newport Beach’s fiscal health and account for market demands,
while maintaining and improving the quality of life for current and future
residents.
Goal LU 3 - A development pattern that retains and complements the City’s
residential neighborhoods, commercial and industrial districts, open
spaces, and natural environment.
Policy LU 5.3.2 Mixed-Use Building Location and Size of
Nonresidential Uses - Require that 100 percent of the ground floor street
frontage of mixed-use
buildings be occupied by retail and other compatible nonresidential uses,
unless
specified otherwise by policies LU 6.1.1 through LU 6.20.6 for a district or
corridor.
The proposed amendment would allow eating and drinking establishments and
larger health and fitness facilities. Eating and drinking establishments provide a
social gathering place while health and fitness facilities provide another amenity
for those who live and work in the Dover Drive/Westcliff Drive neighborhood.
Together, these uses support the needs of those working, visiting or living in
Newport Beach. They also promote a living, active, and diverse environment that
complements all lifestyles and enhances neighborhoods, without compromising
the valued resources that make Newport Beach unique. Allowing new uses within
the MU-DW District should ultimately help building owners fill existing vacancies
and facilitate the establishment of local businesses within already developed
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MU-DW Code Amendment (PA2020-316)
Planning Commission, April 8, 2021
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properties, which is consistent with the goals, policies, and land use designations
contained within the General Plan.
Environmental Review
The Code Amendment is not a project subject to the California Environmental
Quality Act (“CEQA”) in accordance with Section 21065 of the California Public
Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”).
The proposed action is also exempt pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment. While this amendment
would allow a new category of use in an existing zoning district, it does not
authorize new development that would directly result in physical change to the
environment. Any requests for eating and drinking establishments or larger health
and fitness facilities would be subject to approval of an individual Use Permit which
requires subsequent environmental review.
Public Notice
Notice of this hearing was published in the Daily Pilot and mailed to all owners of
property within the MU-DW District and owners of Newport Beach property within
300 feet of the boundaries of the MU-DW District. Notice of the hearing was posted
at eight locations throughout the MU-DW District. The item appeared on the
agenda for this meeting, which was posted at City Hall and on the City website.
Additionally, staff mailed a letter to all property owners within the MU-DW District
describing the proposed amendment and requesting feedback.
Prepared by: Submitted by:
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MU-DW Code Amendment (PA2020-316)
Planning Commission, April 8, 2021
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ATTACHMENTS
PC 1 Draft Resolution recommending the City Council approve Zoning Code
Amendment No. CA2020-009
PC 2 Map of the MU-DW District
PC 3 City Council Minute excerpts, dated October 27, 2020
PC 4 City Council Resolution No. 2020-98
PC 5 Redlined Zoning Code Changes – Table 2-8
01/12/18
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Attachment No. PC 1
Draft resolution recommending the City
Council approve Zoning Code
Amendment No. CA2020-009
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RESOLUTION NO. PC2021-009
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL APPROVE
NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO.
CA2020-009, TO AMEND TABLE 2-8 (ALLOWED USES
AND PERMIT REQUIREMENTS) OF SECTION 20.22.020
(MIXED-USE ZONING DISTRICT LAND USES AND
PERMIT REQUIREMENTS) OF TITLE 20 (PLANNING AND
ZONING) (PA2020-316)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.The Mixed-Use Dover/Westcliff (MU-DW) 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. Property owners of MU-DW zoned parcels have indicated a difficulty
with leasing existing office space and would like the ability to lease underutilized
space for restaurants or fitness type uses.
2.On November 24, 2020, the City Council of the City of Newport Beach adopted
Resolution 2020-98 initiating an amendment to Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code (“NBMC”) to allow Eating and Drinking
Establishments and Health/Fitness Facilities within the MU-DW zone (“Zoning
Code Amendment”).
3.A telephonic public hearing was held by the Planning Commission on April 8, 2021
in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place, and purpose of the public
hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.The Zoning Code Amendment is not a project subject to the California Environmental
Quality Act (“CEQA”) in accordance with Section 21065 of the California Public
Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California
Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The
proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA applies only to projects, which have the potential for
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Planning Commission Resolution No. PC2021-009
Page 2 of 5
causing a significant effect on the environment. While this amendment would allow a
new category of use in an existing zoning district, it does not authorize new
development that would directly result in physical change to the environment.
SECTION 3. FINDINGS.
Finding:
A. The Zoning Code Amendment is consistent with the City of Newport Beach
General Plan (“General Plan”).
Facts in Support of Finding:
1. The MU-DW District is comprised of six parcels located along the westerly side
of Dover Drive between 16th Street and 17th Street. The parcels are
predominantly developed with multi-tenant office buildings, except for 801
Dover Drive, which is developed with a church. The General Plan land use
designation of the lots is Mixed-Use Horizontal 1 (MU-H1). According to the
General Plan, “MU-H1 provides for a horizontal intermixing of uses”. The
General Plan further states, “properties located in the Dover Drive/Westcliff
Drive area may also be developed for professional offices or mixed-use
buildings that integrate residential with retail or office uses on the ground floor
in accordance with the Commercial Office (CO) and Mixed Use Vertical (MU-
V) designations respectively. Both the CO and MU-V designations allow for
eating and drinking establishments and health and fitness facilities.
2. Of the six different mixed-use zoning districts contained in the Zoning Code,
the MU-DW District is the only one that does not allow various types of eating
and drinking establishments and fitness facilities. The MU-DW District currently
allows only accessory food service and small (2,000 square feet or less) fitness
facilities.
3. As part of the 2006 General Plan update, these parcels were identified as a
new opportunity for mixed-use development. In 2010, the zoning for the block
was changed from Administrative, Professional and Financial (APF) to MU-DW.
Eating and drinking establishments and health and fitness facilities were
conditionally permitted uses within the previous APF District.
4. Permit requirements for the various types of eating and drinking establishments
and health and fitness facilities would replicate the permit requirements for the
other mixed-use zoning districts.
5. Off-street parking ratios would not be altered as part of the Zoning Code
Amendment ensuring that adequate parking is provided for any new uses
proposed at the existing properties.
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Planning Commission Resolution No. PC2021-009
Page 3 of 5
6. Eating and drinking establishments provide a social gathering place while
health and fitness facilities provide another amenity for those who live and work
in the Dover Drive/Westcliff Drive neighborhood. Together, these uses support
the needs of Newport Beach residents (General Plan Policy LU 2.1 Resident-
Serving Land Uses) and promote a living, active, and diverse environment that
complements all lifestyles and enhances neighborhoods, without
compromising the valued resources that make Newport Beach unique (General
Plan Goal LU 2).
7. Allowing new uses within the MU-DW District should ultimately help building
owners fill existing vacancies and facilitate the establishment of local
businesses that generate sales tax and provide opportunities for employment,
which is consistent with General Plan Policy LU 1.5 (Economic Health) and LU
2.4 (Economic Development).
8. The six parcels affected by the Zoning Code Amendment are already
developed and are adequately served by existing utilities. Allowing two new
general service type uses would not noticeably change the existing character
of the neighborhood nor significantly alter the existing development pattern,
consistent with General Plan Goal LU 3.
9. Eating and drinking establishments and health and fitness facilities would be
allowed on the ground floor of which is consistent with General Plan Policy LU
5.3.2 (Mixed-Use Building Location and Size of Nonresidential Uses).
10. The recitals provided in this resolution are true and correct and are incorporated
into the operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the Zoning Code Amendment is not a project
subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guidelines
Sections 15060(c)(2), 15060(c)(3), and 15378. The Zoning Code Amendment is also
exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no
potential to have a significant effect on the environment. While this amendment would
allow a new category of use in an existing zoning district, it does not authorize new
development that would directly result in physical change to the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the
City Council approve Zoning Code Amendment No. CA2020-009 as set forth in
Exhibit “A,” which is attached hereto and incorporated herein by reference.
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Planning Commission Resolution No. PC2021-009
Page 4 of 5
PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF APRIL 2021.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chair
BY:_________________________
Lauren Kleiman, Secretary
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Planning Commission Resolution No. PC2021-009
Page 5 of 5
EXHIBIT “A”
ZONING CODE AMENDMENT NO. CA2020-009
Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-8
(Allowed Uses and Permit Requirements) of Section 20.22.020(C) (Mixed Use Zoning
District Land Uses and Permit Requirements) of Chapter 20.22 (Mixed Use Zoning District
MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) of the Newport Beach
Municipal Code (“NBMC”) is amended to read as follows:
Land Use MU-DW Specific Use Regulations
Service Uses — General
Eating and Drinking Establishments
Accessory food service (open to public) P Section 20.48.090
Fast Food (no late hours) (4)(5) P/MUP Section 20.48.090
Fast Food (with late hours) (4) MUP Section 20.48.090
Food Service (no late hours) (4)(5) P/MUP Section 20.48.090
Food Service (with late hours) (4) CUP Section 20.48.090
Take-Out Service, Limited (5) P/MUP Section 20.48.090
Health/Fitness Facilities
Small—2,000 sq. ft. or less MUP
Large—Over 2,000 sq. ft CUP
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Attachment No. PC 2
Map of the MU-DW District
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LU10_Back_Bay.mxd 05/26/2016 21
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Attachment No. PC 3
City Council Minute excerpts, dated
October 27, 2020
23
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 27, 2020
I. ROLL CALL - 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
II. PUBLIC COMMENTS
Regarding Closed Session, Jim Mosher inquired whether Council has set objectives for the three
employees, noted Council hired the employees but they work for the public, and suggested Council
obtain the public's opinion of the employees' performance.
Tracy Blankenship, managing agent for Newport Ridge Estates, expressed concern about vehicles
parked along Terrace Ridge for more than 72 hours and urged the City to prohibit parking during certain
hours or increase patrol in the area.
City Attorney Harp reported that the City Council would adjourn to Closed Session to discuss the item
listed in the Closed Session agenda and read the title.
III. CLOSED SESSION - Council Chambers Conference Room
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code § 54957(b)(1)): 3 matters
Title: Grace K. Leung, City Manager
Title: Aaron C. Harp, City Attorney
Title: Leilani I. Brown, City Clerk
IV. RECESSED - 4:04 p.m.
V. RECONVENED AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member, Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VII. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable actions were taken.
VIII. INVOCATION - Council Member Muldoon
IX. PLEDGE OF ALLEGIANCE - Council Member Dixon
X. PRESENTATIONS
Proclamation Designating November 8-14,2020 as National Nurse Practitioner Week
Mayor O'Neill read the proclamation and presented it to Katherine Roy, representative of the
Orange County Chapter of the California Association for Nurse Practitioners (CANP). Ms. Roy
thanked Council for the proclamation and the recognition of nurse practitioners during the Year of
the Nurse and COVID-19 workloads.
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City of Newport Beach
Regular Meeting
October 27, 2020
Presentation from the Newport Beach Library Foundation
Karen Clark, Newport Beach Library Foundation, thanked the City, presented a check for $88,000
to be used for digital content and subscription databases, and paid tribute to John Stahr, one of the
Foundation founders. Board of Library Trustees Chair Paul Watkins thanked the Newport Beach
Library Foundation and Council for their support of the Newport Beach Public Library.
Mayor O'Neill appreciated the Foundation's donation and support of online resources during the
pandemic.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Herdman
Attended an Orange County Mosquito and Vector Control Board meeting, and reported on West
Nile virus cases and bird deaths, an influx of ankle biters, and services provided to Newport Beach
Attended a meeting of the Aviation Committee in which they received subcommittee reports, a
legislative update, a consultant presentation, a new General Aviation Improvement Program
GAIP), and updates regarding Federal Aviation Administration (FAA) meetings and air carrier
meetings
Met with Council Member Brenner and Harbor Commission Chair Kenney
Attended the airport update meeting with staff
Council Member Dixon:
Attended meetings of the Aviation Committee and the Balboa Village Advisory Committee (BVAC),
and the Police Appreciation Awards Ceremony
Council Member Muldoon:
Met with Harbor Commission Chair Kenney, attended the Police Appreciation Awards Ceremony,
and noted appreciation for the installation of partitions at the dais
Council Member Brenner:
Attended meetings of the Corona del Mar Residents Association (CdMRA) board, CdMRA historical
subcommittee which is interested in obtaining Newport Beach historical resources, and the Corona
del Mar Business Improvement District (BID) which is planning events for December
Requested a future agenda item to consider waiving all City fees for the proposed school at the
Community Church Congregational
Announced trick or treating and a scavenger hunt at Corona del Mar businesses from 10 a.m. to
5 p.m. on Halloween, and the Newport Beach Police Department will pass out candy on Halloween
Mayor Pro Tem Avery:
Along with Mayor O'Neill and Council Member Brenner, attended a meeting of the Homeless Task
Force and also attended the Police Appreciation Awards Ceremony
Mayor O'Neill:
Attended a Newport Beach Realtors meeting via Zoom, a CdMRA meeting, a tour of the Lyon Air
Museum, and the Police Appreciation Awards Ceremony
Announced he was interviewed by CBS LA regarding the Los Angeles Lakers winning the
championship
Commended the Police and Fire Departments and other City departments for coordinating a smooth
and safe visit for the President
Thanked the Fire Chief, Fire Public Information Officer (PIO), and the City PIO for providing
updates on the fires and announced that the Recreation and Senior Services Department opened
the Newport Coast Community Center to Irvine residents who were evacuated.
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City of Newport Beach
Regular Meeting
October 27, 2020
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Consideration of a zoning code amendment to allow restaurant and health club uses in
the MU -DW Mixed -Use Dover Drive/Westcliff area [Duffield]
The City Council unanimously concurred to bring this matter back at a future meeting.
Discussion of traffic calming measures in Dover Shores [Muldoon]
The City Council unanimously concurred to bring this matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
In response to Council Member Herdman's question regarding Item 13 (Budget Amendment to Accept
a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's
Fiscal Year 2020-21 Maintenance and Operation Budget), Library Services Director Hetherton reported
that the Newport Beach Library Foundation donation will be utilized for collections and resources,
specifically digital content and databases.
In response to Council Member Brenner's question regarding Item 4 (Ordinance No. 2020-26: Short
Term Lodging Amendments to Chapter 5.95 (PA2020-048)), City Attorney Harp indicated Council may
review and amend any provision of the Municipal Code at any time and, if approved, Ordinance
No. 2020-26 will be submitted to the California Coastal Commission for approval.
With Mayor O'Neill, Council Member Duffield, and Council Member Muldoon noting "no" votes on
Item 4, Mayor O'Neill noted that it appears that Item 4 would pass on a 4-3 vote, with Mayor Pro Tem
Avery, Council Member Brenner, Council Member Dixon, and Council Member Herdman voting "yes."
An unidentified speaker urged Council to protect residents by supporting Item 4.
Jim Mosher, addressing Item 4, believed an item should not be placed on the consent calendar if there
is dissension. Regarding Item 9 (Approval of a Purchase Agreement with Halcore Group, Inc., DBA
Leader Industries for the Purchase of Rescue Ambulances (C-8003-3)), he discussed the Council Policy
for replacing ambulances, the mileage and years of service for the existing ambulances, and the existing
ambulances not providing the anticipated level of performance.
Nancy Scarbrough supported Item 4 and, regarding Item 9, inquired whether Council has explored
installing the existing ambulance bodies onto new chassis, which could provide a substantial'savings.
Nancy Alston believed Item 4 should authorize code enforcement officers to have vehicles towed.
Regarding Item 9, Fire Chief Boyles reported that the manufacturers of the existing and new ambulance
bodies are different, City mechanics recommend moving to a Freightliner ambulance when the existing
ambulances reach 100,000 miles, and it takes about a year to receive new ambulances.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 13, 2020 City Council Regular Meeting [100-2020]
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
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City of Newport Beach
Regular Meeting
October 27, 2020
ORDINANCES FOR ADOPTION
3. Pulled from the Consent Calendar
4. Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 (PA2020-048)
100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)( 3), and
15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)( 3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2020-26, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Portions of Chapter 5.95 of the Newport Beach
Municipal Code Relating to Short Term Lodging.
Mayor O'Neill, Council Member Duffield, and Council Member Muldoon noted "no" on,
Item 4.
CONTRACTS AND AGREEMENTS
5. 2019-2020 Playground Improvements Project — Notice of Completion for Contract
No. 7737-1 (20P01) [381100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Community Room Audio -Visual Improvements — Notice of Completion of Contract
No. 7817-1 (19F02) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
7. Central Library Chiller Maintenance and Condenser Replacement/Relocation — Notice of
Completion of Contract No. 7776-1 (20F02) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
projec'u;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
8. Bonita Canyon Drive and Ford Road Pavement Rehabilitation — Notice of Completion for
Contract No. 7588-2 (19R22) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. Approval of a Purchase Agreement with Halcore Group, Inc., DBA Leader Industries for
the Purchase of Rescue Ambulances (C-8003-3) [38/100-2020]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
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Regular Meeting
October 27, 2020
b) Waive City Council Policy F-14; and
c) Approve a Purchase Agreement with Halcore Group, Inc., DBA Leader Industries for a total not
to exceed amount of $980,977.67 for the purchase of three rescue ambulances.
10. Ocean Piers Condition Assessment Study — Approval of Professional Services Agreement
with COWI North America, Inc (17H03) (C-7884-1) [381100-20201
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with COWI North America, Inc. (COWI) of Long
Beach, California, for the Ocean Piers Inspection project at a not -to -exceed price of $177,647,
and authorize the Mayor and City Clerk to execute the agreement.
11. Compressed Natural Gas (CNG) Fueling Facilities — Rejection of All Bids for Contract
No. 7876-1 (20F14) [38/100-,9020]
Reject all bids received for Contract No. 7876-1.
MISCELLANEOUS
12. Planning Commission Agenda for the October 22, 2020 Meeting
Receive and file.
13. Budget Amendment to Accept a Check from the Newport Beach Public Library
Foundation and Appropriate Funds to the Library's Fiscal Year 2020-21 Maintenance and
Operation Budget [100-20201
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 21-013 to increase revenue estimates by $88,000 in Account
0106051- 511085 (Library Foundation Donations) and to increase expenditure estimates by the
same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy
Services).
Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the
Consent Calendar, except for the item removed (Item 3); and noting the "no" votes by Mayor O'Neill,
Council Member Duffield, and Council Member Muldoon on Item 4, and amendments to Item 1.
The motion carried unanimously.
Council Member Dixon requested a future agenda item to consider reviewing the Newport Beach
Municipal Code to strengthen short-term lodging (STL) enforcement.
Council Member Brenner requested a future agenda item to review STL transferability provisions.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
3. Ordinance No. 2020-25: Designating Portions of 61St and Lancaster Streets in Newport
Shores as OneWay Streets [100-20201
Council Member Herdman advised that he spoke to residents in Newport Shores regarding the
recommendation to make some streets one-way, that he discussed the same with the City Manager,
and that he wanted to ensure the traffic division was involved in the recommendations.
Public Works Director Webb understood that the item was originated by the homeowners
association for Newport Shores, noted staff conducted community outreach, stated the one-way
segment is located between Coast Highway and Coast Boulevard, advised that the traffic division
supports the recommendation, and indicated Council can change it back if there are issues.
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City of Newport Beach
Regular Meeting
October 27, 2020
Motion by Council Member Herdman, seconded by Mayor Pro Tem Avery, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) conduct second reading and adopt
Ordinance No. 2020-25, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Section 12.52.060 of the Newport Beach Municipal Code to Designate Portions of Streets
as One -Way Traffic Only.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Chad Kroeger noted concerns regarding voter fraud, the potential that residents will not vote in the
Presidential election, and listed people's votes for President that he polled.
J.T. Parr listed additional people's votes for President.
Strider Wilson listed his fellow valet's votes for President.
Max Johnson noted, in the last few months, there has been an increase in businesses that are operating
picnic -services on the beach, believed these businesses do not have business permits, and asked staff to
follow up.
XVIII. CURRENT BUSINESS
14. Ordinance No. 2020-27: Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code)
of the Newport Beach Municipal Code and Other Related Provisions [100-20201
Council Member Duffield recused himself due to business interest conflicts.
City Harbormaster Borsting utilized a presentation to discuss the background of the proposed
amendments, live-aboards, public outreach, Harbor Commission recommendations, and standards
for anchorages.
In response to Council questions, City Harbormaster Borsting indicated Marine Activity Permits
MAP) will be presented to Council at a later date, requirements for live-aboards will also apply to
vessels in the anchorage, live-aboards in commercial marinas will be subject to City standards for
sanitation and operations, a vessel traversing the Harbor is not subject to a dye tablet test, an
offshore mooring permittee, an anchorage user, and an offshore mooring sub -permittee are subject
to City standards, and a vessel that does not allow a dye tablet test will be asked to leave the Harbor.
In response to Mayor Pro Tem Avery's questions, Harbor Commission Chair Kenney stated that the
Harbor Commission has been working on this for two years, the Harbor Commission has worked
closely with marine operators, the recommendations will not impose restrictions on a commercial
marina operator, and each commercial marina operator will set its own limit.
Jim Mosher believed the provisions for live-aboards will not do what they claim to do, the definition
of live -aboard is too specific, and provisions unrelated to live-aboards are not well thought-out.
Mike Glenn did not understand why the City needs to know who is using the Harbor and believed
this is an intrusion by government.
Harbor Commission Chair Kenney clarified that the Harbor Department needs to know who lives
aboard the vessels for safety and security reasons.
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City of Newport Beach
Regular Meeting
October 27, 2020
Council Member Muldoon agreed that the Harbor Department does not need to know who lives on
their boats, but emphasized that knowing what is discharged into the Harbor will benefit public
health and protect the Harbor from pollutants.
Motion by Mayor Pro Tem Avery, seconded by Council Member Herdman, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2), 15060(c)(3) and 15321 of the CEQA Guidelines because this action will not result in a
physical change to the environment, directly or indirectly; and b) waive full reading, read by title
only, introduce Ordinance No. 2020-27, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the Newport
Beach Municipal Code and Other Related Prouisions, and pass to second reading on November 10,
2020.
With Council Member Duffield recusing himself, the motion carried 6-0.
15. Update on Homeless Strategies [100-20201
Homeless Coordinator Basmaciyan used a presentation to discuss City actions, success stories,
actions the City cannot take, and next steps.
In response to Council questions, Homeless Coordinator Basmaciyan indicated the number of
homeless people at Newport Pier increased slightly over the summer, people are experiencing
homelessness in a shorter timeframe, and determining the number of people living in cars is
difficult. Assistant City Manager Jacobs stated that enforcing a prohibition against sleeping in a
public space would be incredibly difficult, sleeping on a park bench or at the beach is not an illegal
activity, the City of Costa Mesa anticipates opening the shelter in March 2021, and at that point,
the City can enforce anti -camping laws more strongly and move people into the shelter. Homeless
Coordinator Basmaciyan noted that a few people experiencing homelessness have moved to Newport
Beach to be closer to jobs, and that income, connections to Newport Beach, and other factors will
determine eligibility for affordable housing. She also displayed a slide to list good giving and
community resources for donations.
In response to Council questions, Homeless Coordinator Basmaciyan advised that staff is exploring
a proposal for a City version of Project Roomkey. Assistant City Manager Jacobs added that
Community Development Block Grant (CDBG) funding could be used for the proposal. Homeless
Coordinator Basmaciyan estimated at least half of the homeless population has deep ties to Newport
Beach while the remaining half had a tie to Newport Beach, stated defining residency for
homelessness is difficult, and reported if staff or City Net can identify a tie to another city or state,
they try to reunify the homeless person with family members.
Mayor O'Neill commented that the difference between now and 1.5 years ago is extraordinary,
commended Homeless Coordinator Basmaciyan, who is also the City's Employee of the Year, for
making a difference, and noted the tenor of public comments has changed.
Mayor Pro Tem Avery added his thanks to Homeless Coordinator Basmaciyan and Assistant City
Manager Jacobs, indicated taking care of people who are really struggling makes the City great, and
noted the City has a plan to move forward.
19. Coronavirus (COVID-19) Update [100-2020]
City Manager Leung utilized a presentation to discuss the California Blueprint for a Safer Economy,
Orange County's trend in cases, positivity rate, the health equity metric, and tiers for surrounding
counties and their effects on Orange County.
Mayor O'Neill explained that the difference between 4.6 and 5.1 cases per thousand equates to about
16 additional people testing positive per day in a county of 3.2 million people.
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October 27, 2020
Council Member Brenner noted that Dr. Thomas Cesario, a world-famous infectious disease specialist,
gave a lecture as part of the Library's Medicine in Our Backyard series, indicated that the lecture is
available online, and commented that Dr. Cesario is a common-sense physician.
Mayor O'Neill indicated the public can see how each zip code in Newport Beach has been doing on the
metrics by going to the Orange County Public Health Department website, but noted that the
population of each area should be considered as well.
City Clerk Brown reported on the days and hours of operations and locations for vote centers and drop
boxes for the November 3, 2020 General Municipal Election, COVID-19 protocols for vote centers, and
noted that more information is available at newportbeachca.gov/2020election.
Council Member Dixon added that voters can track their ballots through the Orange County Registrar
of Voters website.
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT — Adjourned at 6:20 p.m. in memory of John Stahr
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
October 22, 2020, at 4:00 p.m.
Will O'Neill
Mayor
M
Leilani I. Brown Lt,
City Clerk
Volume 64 - Page 559
32
Attachment No. PC 4
City Council Resolution No. 2020-98
33
INTENTIONALLY BLANK PAGE34
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 DOVER/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.
35
Resolution No. 2020-98
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 — r _K71to
City Clerk v "
P
gLIF0
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.4, C. Gtr-`
Aaron C. Harp
City Attorney
36
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-98 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 241h day of November, 2020; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of November, 2020.
11l, W1 144iP
Leilani I. Brown
City Clerk
Newport Beach, California
New
37
INTENTIONALLY BLANK PAGE38
Attachment No. PC 5
Redlined Zoning Code Changes –
Table 2-8
39
INTENTIONALLY BLANK PAGE40
TABLE 2-8
ALLOWED USES AND
PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM (6) MU-DW MU-CV/15th St.
(7)
Specific Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Industry, Manufacturing and Processing, Warehousing Uses
Handicraft Industry P P P P
Industry, Marine-Related — CUP — MUP
Research and Development P P P P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities CUP CUP CUP CUP
Commercial Recreation and
Entertainment
CUP CUP CUP CUP
Cultural Institutions P P P P
Schools, Public and Private CUP CUP CUP CUP
Residential Uses
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
P P P P Section 20.48.200
Single-Unit Dwellings
Located on 1st floor — — — P (3) Section 20.48.130
Located above 1st floor P (1) — — P (3) Section 20.48.130
Multi-Unit Dwellings
Located on 1st floor — P (1)(2) P (1) P (3) Section 20.48.130
Located above 1st floor P (1) P (1)(2) P (1) P (3) Section 20.48.130
Two-Unit Dwellings
Located on 1st floor — — — P (3) Section 20.48.130
Located above 1st floor P (1) — — P (3) Section 20.48.130
Home Occupations P P (1) P P Section 20.48.130
Live-Work Units P P (1)(2) P P (3)
Care Uses
Adult Day Care
Small (6 or fewer) P P P P
Child Day Care
41
TABLE 2-8
ALLOWED USES AND
PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM (6) MU-DW MU-CV/15th St.
(7)
Specific Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Small (8 or fewer) P P P P Section 20.48.070
Day Care, General — MUP — MUP Section 20.48.070
Retail Trade Uses
Alcohol Sales (off-sale) MUP MUP — MUP Section 20.48.030
Alcohol Sales (off-sale),
Accessory Only
P P P P
Marine Rentals and Sales
Boat Rentals and Sales CUP P — CUP
Marine Retail Sales P P P P
Retail Sales P P P P
Service Uses—Business, Financial, Medical, and Professional
ATMs P P P P
Emergency Health
Care/Urgent Care
MUP MUP MUP MUP
Financial Institutions and
Related Services
P P P P
Offices—Business P P P P
Offices—Medical and
Dental
P P P P
Offices—Professional P P P P
Service Uses—General
Animal Sales and Services
Animal Grooming P P P P Section 20.48.050
Animal Retail Sales P P — P Section 20.48.050
Veterinary Services — CUP CUP — Section 20.48.050
Artists’ Studios P P P P
Eating and Drinking Establishments
Accessory food service
(open to public)
P P P P Section 20.48.090
42
TABLE 2-8
ALLOWED USES AND
PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM (6) MU-DW MU-CV/15th St.
(7)
Specific Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Fast Food (no late hours)
(4)(5)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Fast Food (with late
hours) (4)
MUP MUP P/MUP MUP Section 20.48.090
Food Service (no late
hours) (4)(5)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Food Service (with late
hours) (4)
CUP CUP CUP CUP Section 20.48.090
Take-Out Service,
Limited (5)
P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Health/Fitness Facilities
Small—2,000 sq. ft. or
less
P P MUP P
Large—Over 2,000 sq. ft CUP CUP CUP CUP
Laboratories — — P —
Maintenance and Repair
Services
P P — P
Marine Services
Entertainment and
Excursion Services
P P — P Title 17
Marine Service Stations CUP — — —
Personal Services
Massage Establishments MUP MUP MUP MUP Chapter 5.50
Section 20.48.120
Massage Services,
Accessory
MUP MUP MUP MUP Section 20.48.120
Nail Salons P P P P
Personal Services,
General
P P P P
Personal Services,
Restricted
MUP MUP MUP MUP
43
TABLE 2-8
ALLOWED USES AND
PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM (6) MU-DW MU-CV/15th St.
(7)
Specific Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Studio MUP MUP MUP MUP
Postal Services P P P P
Printing and Duplicating
Services
P P P P
Smoking Lounges — — — —
Visitor Accommodations
Hotels, Motels, and Time
Shares
CUP CUP — CUP
Bed and Breakfast Inns — CUP — —
Transportation, Communications, and Infrastructure Uses
Parking Facility MUP MUP MUP (2) MUP (2)
Marinas Title 17
Marina Support Facilities MUP MUP — MUP
Utilities, Minor P P P P
Utilities, Major CUP CUP CUP CUP
Wireless
Telecommunication
Facilities
CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only P P P P
Limited (no outdoor
storage)
— MUP — —
Vehicle/Equipment Repair
Limited — MUP — —
Vehicle Sales — CUP — —
Vehicle Sales, Office Only P P P —
Vehicle/Equipment Services
Automobile Washing — CUP — —
44
TABLE 2-8
ALLOWED USES AND
PERMIT REQUIREMENTS
Mixed-Use Zoning Districts
Permit Requirements
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not Allowed *
Land Use
MU-V MU-MM (6) MU-DW MU-CV/15th St.
(7)
Specific Use
Regulations
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
Service Stations — CUP — — Section 20.48.210
Other Uses
Accessory Structures and
Uses
MUP MUP MUP MUP
Outdoor Storage and
Display
MUP MUP MUP MUP Section 20.48.140
Personal Property Sales P P P P Section 20.48.150
Special Events Chapter 11.03
Temporary Uses LTP LTP LTP LTP Section 20.52.040
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district,
are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Allowed only as part of a mixed-use development. Refer to Section 20.48.130 (Mixed-Use Projects) for
additional development standards.
(2) Not allowed to front onto Coast Highway. Coast Highway frontage shall be limited to nonresidential uses. See
Table 2-10 (Development Standards for Vertical and Horizontal Mixed-Use Zoning Districts).
(3) Not allowed on lots at street intersections unless part of a mixed-use or live-work structure.
(4) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public after
11:00 p.m. any day of the week.
(5) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to
property line, of any residential zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
(6) Properties fronting on Coast Highway shall be developed with nonresidential uses as allowed in Table 2-9.
Properties to the rear of the commercial frontage may be developed for freestanding nonresidential uses, multi-
unit residential dwelling units, or mixed-use structures that integrate multi-unit residential above the ground floor
with nonresidential uses on the ground floor. See Table 2-10 (Development Standards for Vertical and Horizontal
Mixed-Use Zoning Districts).
(7) Mixed-use or commercial structures are required on lots at street intersections and are allowed, but not
required, on other lots.
45
April 8, 2021, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. MIXED-USE DOVER/WESTCLIFF (MU-DW) ZONING
DISTRICT CODE AMENDMENT (PA2020-316)
1. For clarity, I would suggest Section 1 of Exhibit “A” on handwritten page 17 be revised to
read:
“Section 1: The row entitled rows under “Eating and Drinking Establishments” in the
column entitled “MU-DW” of Table 2-8 (Allowed Uses and Permit Requirements) of
Section 20.22.020(C) (Mixed Use Zoning District Land Uses and Permit Requirements) of
Chapter 20.22 (Mixed Use Zoning District MU-V, MU-MM, MU-DW, MU-CV/15TH ST.,
MU-W1, MU-W2) of the Newport Beach Municipal Code (“NBMC”) is are amended to
read as follows:”
I would also delete the “Specific Use Regulations” column in the Section 1 table, and if
anything is being underlined to indicate added language, I would underline all the new
information in the “MU-DW” column, not just one of the new entries as seems to be the case
on handwritten page 17 (compare handwritten page 43).
Explanation:
a. The proposed amendments are to multiple rows, not just “The row entitled “Eating
and Drinking Establishments.”
b. Table 2-8 is part of NBMC Section 20.22.020. It is relevant to subsections A, B, and
C, not just C.
c. The fact that Section 20.22.020 is in Chapter 20.22 seems obvious without stating it.
If it is necessary to state that, then it would seem the proposed ordinance would also
have to state that Chapter 20.22 is part of Title 20 (“Planning and Zoning”).
d. As with the four columns of Table 2-8 that are not shown in the ordinance, it appears
no changes are being proposed to the “Specific Use Regulations” column. It is
unclear why it is shown in the draft ordinance but the other four not.
2. With the exception of mistyping “MU-V” as “MU-V2,” staff does a heroic job, under “General
Plan Consistency” on page 3 of their report, of attempting to untangle the allowed uses
intended in the General Plan’s MU-H1 designation applied to the Dover/Westcliff parcels as
set forth in Table LU1 on page 3-14 of the Land Use Element.
After describing allowed uses very specific to Mariners Mile, and related to position relative
to Coast Highway, Table LU1 of the GP then says the Dover/Westcliff MU-H1 parcels are
“also” allowed two more uses. But since Dover/Westcliff has no Coast Highway frontage it is
unclear which, if any, of the Mariners Mile MU-H1 uses are intended to apply in
Dover/Westcliff.
Planning Commission - April 8, 2021 Item No. 2a - Additional Materials Received
Mixed-Use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Moreover, one of the additional uses is to be built “in accordance with” the MU-V
designation, but Table LU1 gives MU-V different Density/Intensity limits than MU-H1, so it is
not obvious which limits are intended to apply.
3. The Commission may wish to review more generally the various footnotes and permitted
uses shown in the MU-MM and MU-DW columns of Table 2-8 (starting on handwritten page
41), including in the rows under allowed “Residential Uses,” to ensure they are consistent
with the MU-H1 General Plan designation. In particular, I am unsure why, in both areas, only
multi-unit dwellings are allowed above the ground floor and, conversely, if multi-unit
dwellings on the ground floor of mixed use proposals were intended to be allowed on the
Dover/Westcliff parcels.
Planning Commission - April 8, 2021 Item No. 2a - Additional Materials Received
Mixed-Use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
MU-DW Code Amendment
Planning
Commission
Public Hearing
April 8, 2021
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
Mixed Use Dover/Westcliff Zoning District
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
Mixed Use Dover/Westcliff Zoning District
Religious Institution
Multi-Tenant Office
Multi-Tenant Office
Multi-Tenant Office
Multi-Tenant Office
Multi-Tenant Office
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
Mixed Use Dover/Westcliff Zoning District
Residential
Commercial
Residential
Residential
Public Facility
Parks & RecreationOffice
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
•Property owners within the MU-DW
District expressed difficulty with leasing
existing office space
•On November 24, 2020, the City Council
adopted a Resolution initiating the
amendment
Community Development Department -Planning Division
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
•Approval of a use permit is on a case-by-case basis.
•Proposed amendment will not alter off-street parking ratios.
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
•General Plan land use category
•Mixed-Use Horizontal 1 (MU-H1)
•General Plan policies and guidelines
•Policy LU 1.5 Economic Health
•Goal LU 2
•Policy LU 2.1 Resident-Serving Land Uses
•Policy LU 2.4 Economic Development
•Goal LU 3
•Policy LU 5.3.2 Mixed-Use Building Location and Size
of Nonresidential Uses
Community Development Department -Planning Division
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
•Conduct a public hearing
•Find project exempt from CEQA
•Adopt the Resolution to recommend
the City Council approve Zoning Code
Amendment
Community Development Department -Planning Division
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)
Community Development Department -Planning Division
Questions?
Joselyn Perez
949-644-3312
jperez@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - April 8, 2021
Item No. 2 - Additional Materials Presented at Meeting by Staff Mixed_use Dover/Westcliff (MU-DW) Zoning District Code Amendment (PA2020-316)