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HomeMy WebLinkAbout13 - Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report May 11, 2021 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Joselyn Perez, Assistant Planner, jperez@newportbeachca.gov PHONE: 949-644-3312 TITLE: Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) ABSTRACT - For the City Council's consideration is the proposed Zoning Code Amendment that would allow for restaurants or larger health/fitness facilities (over 2,000 square feet in area) in the MU -DW (Mixed -Use Dover/Westcliff) zoning district, subject to meeting the parking requirements and obtaining a use permit. RECOMMENDATION: a) Conduct a public hearing; b) 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"). 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; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-009 Amending Table 2-8 (Allowed Uses and Permit Requirements) 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 to Allow Eating and Drinking Establishments and Large Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) Zoning District (PA2020-316), and pass to second reading on May 25, 2021. 13-1 Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) May 11, 2021 Page 2 DISCUSSION: Project Setting The MU -DW Zoning District is comprised of six parcels located along the westerly side of Dover Drive between 16th Street and Westcliff Drive (See Figure 1 below). The MU -DW District is adjacent to a bustling commercial strip along Westcliff Drive that includes numerous restaurants and other general service uses. 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 offices or retail uses, or as horizontal or vertical mixed-use projects that integrate residential dwelling units with retail and/or office uses. Figure 1, Zoning Map showing the block of six MU -DW designated properties. Prosect Description The proposed Zoning Code Amendment would allow Eating and Drinking Establishments (i.e., "restaurants") and Large Health/Fitness Facilities over 2,000 square feet in area as conditionally permitted uses. The proposed Zoning Amendment does not include drive-through facilities. Those are a separate land use that would not be allowed in the MU -DW District. 13-2 Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) May 11, 2021 Page 3 It is also notable that each new application for a restaurant or a large health/fitness facility will only be allowed subject to the availability of adequate onsite parking and will require the approval of a use permit. This discretionary review will help to ensure neighborhood compatibility. The proposed Zoning Code Amendment will not alter off-street parking ratios. Background In 2020, some of the property owners within the MU -DW District expressed a difficulty with leasing existing office space and suggested that the ability to lease the underutilized space as either restaurants or larger health and fitness facilities would help fill the vacancies. On October 27, 2020, City Council Member Duffield requested that the City Council consider initiating an amendment to the MU -DW Zoning District and asked for the item to be placed on a future Council agenda. The City Council agreed unanimously to bring this matter back at a future meeting. The meeting minutes are included as Attachment C. 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 D. On April 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the code amendment (Attachments E and F). The Planning Commission adopted Resolution No. PC2021-009 (Attachment G) by a vote of 5 "Ayes" and 1 "No" to recommend approval of the code amendment to the City Council. The "No" vote by Chair Weigand was based on waiting after the housing element update is concluded as these sites are identified as housing opportunity sites and adding additional uses now may be premature. 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), any land use within the MU -H category is intended to provide areas for the development of 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 -V) designations respectively". Both the CO and MU -V categories provide areas for service uses, including restaurants and larger health and fitness facilities. 13-3 Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) May 11, 2021 Page 4 The following goals and policies from the General Plan Land Use Element are used to evaluate the Zoning Code Amendment: 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. Restaurants provide a social gathering place and convenient dining options 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. These uses encourage a living and active environment. They increase the diversity of services within the existing neighborhood without compromising the characteristics of Newport Beach that make the city unique. Allowing these new uses within the MU -DW District should ultimately help property owners fill existing vacancies with new businesses. The allowance will also facilitate the establishment of local businesses within already developed properties, which is consistent with various goals, policies, and land use designations contained within the General Plan. 13-4 Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) May 11, 2021 Page 5 If adopted, Ordinance No. 2021-11 (Attachment A) would codify the Zoning Code Amendment. A redline of the Zoning Code text changes is included as Attachment B. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The Code Amendment is not a project subject to the 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. 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 additional uses in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. Furthermore, each individual use when proposed in the future will be evaluated for compliance with the CEQA Guidelines. NOTICING: 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. ATTACHMENTS: Attachment A — Ordinance No. 2021-11 Attachment B — Redlined Zoning Code Text Changes Attachment C — City Council Minute Excerpts, Dated October 27, 2020 Attachment D — Resolution No. 2020-98 Attachment E — Planning Commission Staff Report Dated April 8 2021 1 1 Attachment F — Draft Planning Commission Minute Excerpts, Dated April 8, 2021 Attachment G — Planning Commission Resolution No. PC2021-009 13-5 Attachment A Ordinance No. 2021-11 13-6 ORDINANCE NO. 2021-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2020-009 AMENDING TABLE 2-8 (ALLOWED USES AND PERMIT REQUIREMENTS) OF SECTION 20.22.020 (MIXED-USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS) OF TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICPAL CODE TO ALLOW EATING AND DRINKING ESTABLISHMENTS AND LARGE HEALTH/FITNESS FACILITIES IN THE MU - DW (MIXED-USE DOVE R/WESTCLIF F) ZONING DISTRICT (PA2020-316) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the MU -DW (Mixed -Use DoverNVestcliff) Zoning District ("MU -WD Zoning District") of the Newport Beach Municipal Code ("NBMC") is comprised of six parcels located along the westerly side of Dover Drive between 16th and 17th Streets that are predominantly developed with multi -tenant office buildings, with the exception of 801 Dover Drive; WHEREAS, the MU -DW Zoning District does not currently permit eating and drinking establishments or larger health/fitness facilities despite being located immediately adjacent to general commercial uses along Westcliff Drive that permit these uses; WHEREAS, the MU -DW Zoning District is the only mixed-use zoning district in Title 20 (Planning and Zoning) of the NBMC that does not permit eating and drinking establishments or larger health/fitness facilities; WHEREAS, multiple property owners in the MU -DW Zoning District have had difficulty leasing their property and requested a code amendment to permit eating and drinking establishments or fitness type uses to help fill vacancies; 13-7 Ordinance No. 2021 - Page 2 of 6 WHEREAS, on November 24, 2020, the City Council adopted Resolution No. 2020-98, by a unanimous vote, initiating an amendment to Title 20 (Planning and Zoning) of the NBMC to allow eating and drinking establishments and larger health/fitness facilities within the MU -DW Zoning District; WHEREAS, 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 Government Code Section 54950 et seq. ("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; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2021-009 by a majority vote (5 ayes, 1 nay, 1 recusal), recommending the City Council approve the Zoning Code Amendment No. CA2020- 009; WHEREAS, Zoning Code Amendment No. CA2020-009 is consistent with the City's General Plan ("General Plan") land use designation of MU -H1 (Mixed -Use Horizontal 1) for the six parcels; WHEREAS, with respect to the MU -H1 (Mixed -Use Horizontal 1) land use designation, Table LU1 (Land Use Plan Categories) of the General Plan states, "[t]he MU -H designation 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"; WHEREAS, with respect to properties located in the Dover Drive/Westcliff Drive area, Table LU1 (Land Use Plan Categories) of the general plan provides that these properties, "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 CO and MU -V designations respectively"; WHEREAS, both the CO (Commercial Office) and MU -V (Mixed Use Vertical) categories provide areas for service uses, including restaurants and larger health and fitness facilities; 13-8 Ordinance No. 2021 - Page 3 of 6 WHEREAS, restaurants provide a social gathering place and a convenient dining option for residents, while health and fitness facilities provide another amenity for those who live and work in the Dover Drive/Westcliff Drive neighborhood; WHEREAS, together, these uses support the needs of those working, visiting or living in Newport Beach 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; WHEREAS, allowing new uses within the MU -DW Zoning District should ultimately help property owners fill existing vacancies and facilitate the establishment of local businesses within already developed properties, which is consistent with various goals, policies, and land use designations contained within the General Plan; and WHEREAS, an application for an eating and drinking establishment or larger health/fitness facility is subject to compliance with Title 20 (Planning and Zoning) parking requirements and approval of a use permit to ensure compatibility with the surrounding neighborhood. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020(C) (Applicable Regulations) of the NBMC is amended as follows with all other provisions in Table 2-8 remaining unchanged: 13-9 Mixed -Use Zoning Districts Permit Requirements P Permitted by Right TABLE 2-8 ALLOWED USES AND PERMIT CUP Conditional Use Permit (Section 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) Not Allowed Land Use See Part 7 of this title for land use MU-CV115th Specific Use definitions. MU -V MU -MM (6) MU -DW St. (7) Regulations See Chapter 20.12 for unlisted uses. Service Uses—General Eating and Drinking Establishments Accessory food service (open to P P P P Section 20.48.090 public) 13-9 Ordinance No. 2021 - Page 4 of 6 Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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, 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. 13-10 Mixed -Use Zoning Districts Permit Requirements P Permitted by Right TABLE 2-8 ALLOWED USES AND PERMIT CUP Conditional Use Permit (Section 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) Not Allowed Land Use See Part 7 of this title for land use MU-CV/15th Specific Use definitions. MU -V MU -MM (6) MU -DW St. (7) Regulations 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 Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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, 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. 13-10 Ordinance No. 2021 - Page 5 of 6 Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. While Zoning Code Amendment No. CA2020-009 would allow two new categories of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. 13-11 Ordinance No. 2021 - Page 6 of 6 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of May, 2021, and adopted on the 25th day of May, 2021, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS BRAD AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON. HARP, CITY ATTORNEY 13-12 Attachment B Redlined Zoning Code Text Changes 13-13 Attachment B - Redlined Zoning Code Text Changes Section 1: Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020(C) of the NBMC is amended to allow eating and drinking establishments and large health/fitness facilities in the MU -DW zoning district as follows with all other provisions provided in table 2-8 remaining unchanged: 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 13-14 Attachment C City Council Minutes Excerpt, Dated October 27, 2020 13-15 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 - 4:94 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 Weeh 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 (CAMP). Ms. Roy thanked Council for the proclamation and the recognition of nurse practitioners during the Year of the Nurse and COVID-19 workloads. Volume 64 - Page 552 13-16 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. 13-17 Volume 64 - Page 553 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 B.renner's question regarding Item 4 (Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 (PA2020-048)j, 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 REARING OF MINUTES AND ORDINANCES 1. Minutes for the October 13, 2020 City Council Regular Meeting 1100-20201 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. Volume 64 - Page 554 13-18 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) 1100-20201 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 Bench, California, Amending Portions of Chapter• 5.95 of the Newport Beach Municipal Code Relating to Short Term Lodging. Mayor O'Neill, Council Member Driffield, 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) [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 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) (381.100-2020] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the projeci; 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) 1381100-20201 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-8043-3) [381100-2020] 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; Volume 64 - Page 555 13-19 City of Newport Beach Regular Meeting October 27, 2020 b) Waive City Council Policy F-14; and c) Approve a Purchase Agreement with Halcore Group, Inc., DSA 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 COW] North America, Inc (171H03) (C-7884--1)1381100-2020] 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; 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)1381100 X0201 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 [100-2020] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 1.5060(c)(2) and 1.5060(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 reviewinK the Newport .Beach Municipal Code to strengthen short-term lodging (STL) enforcement. Council Member Brenner requested a future agenda item to review S'Q'L 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 One -,Way Streets [100-2020] 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. Volume 64 - Page 556 13-20 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 12,52,066 of the Newport Beach Municipal Code to Designate Portions of Streets as One -Way DaffLc 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 1100-20201 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 (1VIAP) 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. Jiro 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. Volume 64 - Page 557 13-21 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 (Lice-Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Rrouisions, 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 [100-2020] 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. Volume 64 - Page 558 13-22 City of Newport Beach Regular Meeting 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.gov12020election. Council Member Dixon added that voters can track their ballots through the Orange County Registrar of Voters website. XX. MOTION FOR RECONSIDERATION - None XII. 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. r Leilani 1. Brown City Clerk Will O'Neill<�Zw� Mayor Volume 64 - Page 559 13-23 Attachment D Resolution No. 2020-98 13-24 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. 13-25 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 — i - City Clerk v �" �P �gL1F0 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C-,' C. Gtr-` Aaron C. Harp City Attorney 13-26 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 1441 /IR Leilani I. Brown City Clerk Newport Beach, California ;iA.ew 13-27 Attachment E Planning Commission Staff Report, Dated April 8, 2021 13-28 P°RT CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 8, 2021 Agenda Item No. 3 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). 13-29 MU -DW Use Code Amendment April 8, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING CURRENT USE ON-SITE F — Mixed -Use Offices and Church MU -H1 MU -DW Block a `; f [Multiple Residential (RM) •F Residential (condominiums & t r � f SOUTH General Commercial Office -General (OG) Personal service, fitness, and ~_ t Office CO -G C art%Eiir11'11.0 ["IF v EAST �4A i Single -unit residential dwellings Detached (RS -D) e.. GENERAL PLAN Commercial General ZONING a s General Commercial CG & Retail, restaurant, and service (CG) & RM Planned Communit uses & residential apartments DTZ • 2 2 QLD Ner gh Sd rc N Hiop �4hoo�, d ..Ioc q B;d(Hr.�iy �EN� � fgRN G s qs iN� ""INS LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed -Use Horizontal 1 Mixed -Use Offices and Church MU -H1 DoverMestcliff MU -DW NORTH [Multiple Residential (RM) Multiple Residential (RM) Residential (condominiums & a artments SOUTH General Commercial Office -General (OG) Personal service, fitness, and Office CO -G hos ital uses EAST Single Unit Residential Planned Community (PC) Single -unit residential dwellings Detached (RS -D) Commercial General WEST General Commercial CG & Retail, restaurant, and service (CG) & RM Planned Communit uses & residential apartments 13-30 MU -DW Use Code Amendment April 8, 2020 Page 3 DISCUSSION Background and Prosect Setting The MU -DW District is comprised of six parcels located along the westerly side of Dover Drive between 161h 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. 13-31 MU -DW Use Code Amendment April 8, 2020 Page 4 Eatina and Drinkina 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 Consisten 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: 13-32 MU -DW Use Code Amendment April 8, 2020 Page 5 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 13-33 MU -DW Use Code Amendment April 8, 2020 Page 6 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: 'D CU Jim Campbell J&e4yn Perk U Deputy Community Development Director Assistant Planner 13-34 MU -DW Use Code Amendment April 8, 2020 Page 7 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 13-35 Attachment No. PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2020-009 13-36 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 13-37 Planning Commission Resolution No. PC2021-009 Paae 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 -1-11). 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. 13-38 Planning Commission Resolution No. PC2021-009 Paae 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. 13-39 Planning Commission Resolution No. PC2021-009 Paae 4 of 5 PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF APRIL 2021. AYES: NOES: ABSTAIN: ABSENT: BY: ya Erik Weigand, Chair Lauren Kleiman, Secretary 13-40 Planning Commission Resolution No. PC2021-009 Paae 5 of 5 *:/:I WI dv-lm 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 13-41 Attachment No. PC 2 Map of the MU -DW District 13-42 Attachment No. PC 3 City Council Minute excerpts, dated October 27, 2020 13-44 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 - 4:94 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 Weeh 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 (CAMP). Ms. Roy thanked Council for the proclamation and the recognition of nurse practitioners during the Year of the Nurse and COVID-19 workloads. Volume 64 - Page 552 13-45 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. 13-46 Volume 64 - Page 553 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 B.renner's question regarding Item 4 (Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 (PA2020-048)j, 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 REARING OF MINUTES AND ORDINANCES 1. Minutes for the October 13, 2020 City Council Regular Meeting 1100-20201 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. Volume 64 - Page 554 13-47 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) 1100-20201 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 Bench, California, Amending Portions of Chapter• 5.95 of the Newport Beach Municipal Code Relating to Short Term Lodging. Mayor O'Neill, Council Member Driffield, 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) [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 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) (381.100-2020] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the projeci; 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) 1381100-20201 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-8043-3) [381100-2020] 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; Volume 64 - Page 555 13-48 City of Newport Beach Regular Meeting October 27, 2020 b) Waive City Council Policy F-14; and c) Approve a Purchase Agreement with Halcore Group, Inc., DSA 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 COW] North America, Inc (171H03) (C-7884--1)1381100-2020] 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; 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)1381100 X0201 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 [100-2020] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 1.5060(c)(2) and 1.5060(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 0146051 (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 reviewinK the Newport .Beach Municipal Code to strengthen short-term lodging (STL) enforcement. Council Member Brenner requested a future agenda item to review S'Q'L 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 One -,Way Streets [100-2020] 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. Volume 64 - Page 556 13-49 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 DaffLc 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 1100-20201 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 (1VIAP) 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. Jiro 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. Volume 64 -Page 557 13-50 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 (Lice-Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Rrouisions, 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 [100-2020] 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. Volume 64 - Page 558 13-51 City of Newport Beach Regular Meeting 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.gov12020election. Council Member Dixon added that voters can track their ballots through the Orange County Registrar of Voters website. XX. MOTION FOR RECONSIDERATION - None XII. 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. r Leilani 1. Brown City Clerk Will O'Neill<�Zw� Mayor Volume 64 - Page 559 13-52 Attachment No. PC 4 City Council Resolution No. 2020-98 13-53 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. 13-54 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 — i - City Clerk v �" �P �gL1F0 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C-,' C. Gtr-` Aaron C. Harp City Attorney 13-55 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 1441 /IR Leilani I. Brown City Clerk Newport Beach, California ;iA.ew 13-56 Attachment No. PC 5 Redlined Zoning Code Changes — Table 2-8 13-57 TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P CUP MUP LTP —Not Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Allowed Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. MU -V MU -MM (6) MU -DW MU-CV/15th St. (7) Specific Use Regulations 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 1 st floor — — — P (3) Section 20.48.130 Located above 1 st floor P (1) P (3) Section 20.48.130 Multi -Unit Dwellings Located on 1 st floor — P (1)(2) P (1) P (3) Section 20.48.130 Located above 1 st floor P (1) P (1)(2) P (1) P (3) Section 20.48.130 Two -Unit Dwellings Located on 1 st floor — — — P (3) Section 20.48.130 Located above 1 st 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 13-58 TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P CUP MUP LTP —Not Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Allowed Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. MU -V MU -MM (6) MU -DW MU-CV/15th St. (7) Specific Use Regulations 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 13-59 13-60 Mixed -Use Zoning Districts Permit Requirements P Permitted by Right TABLE 2-8 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) —Not Allowed Land Use See Part 7 of this title for MU-CV/15th St. Specific Use land use definitions. MU -V MU -MM (6) MU -DW (7) Regulations See Chapter 20.12 for unlisted uses. Fast Food (no late hours) P/MUP P/MUP P/MUP P/MUP Section 20.48.090 (4)(5) Fast Food (with late MUP MUP P/MUP MUP Section 20.48.090 hours) (4) Food Service (no late P/MUP P/MUP P/MUP P/MUP Section 20.48.090 hours) (4)(5) Food Service (with late CUP CUP CUP CUP Section 20.48.090 hours) (4) Take -Out Service, P/MUP P/MUP P/MUP P/MUP Section 20.48.090 Limited (5) Health/Fitness Facilities Small -2,000 sq. ft. or P P MUP P less Large—Over 2,000 sq. ft CUP CUP CUP CUP Laboratories P — Maintenance and Repair P P — P Services Marine Services Entertainment and P P — P Title 17 Excursion Services Marine Service Stations CUP — — — Personal Services Massage Establishments MUP MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, MUP MUP MUP MUP Section 20.48.120 Accessory Nail Salons P P P P Personal Services, P P P P General Personal Services, MUP MUP MUP MUP Restricted 13-60 TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P CUP MUP LTP —Not Permitted by Right Conditional Use Permit (Section 20.52.020) Minor Use Permit (Section 20.52.020) Limited Term Permit (Section 20.52.040) Allowed Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. MU -V MU -MM (6) MU -DW MU-CV/15th St. (7) Specific Use Regulations 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 — — 13-61 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. 13-62 Mixed -Use Zoning Districts Permit Requirements P Permitted by Right TABLE 2-8 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) —Not Allowed Land Use See Part 7 of this title for MU-CV/15th St. Specific Use land use definitions. MU -V MU -MM (6) MU -DW (7) Regulations See Chapter 20.12 for unlisted uses. Service Stations — CUP — — Section 20.48.210 Other Uses Accessory Structures and MUP MUP MUP MUP Uses Outdoor Storage and MUP MUP MUP MUP Section 20.48.140 Display 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. 13-62 Attachment F Draft Planning Commission Minutes Excerpt, Dated April 8, 2021 13-63 IV V VI NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, APRIL 8, 2021 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Commissioner Klaustermeier ROLL CALL PRESENT: Chair Erik Weigand, Vice Chair Lee Lowrey, Secretary Commissioner Curtis Ellmore, Commissioner Sarah Commissioner Peter Koetting, Commissioner Mark Rosene ABSENT: None Lauren Kleiman, Klaustermeier, Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Senior Planner Ben Zdeba, Assistant Planner Joselyn Perez, Administrative Support Specialist Clarivel Rodriguez PUBLIC COMMENTS Jim Mosher complimented staff on updating the online log of planning applications to include links to documents. For the past year, he has not been able to download sections of meeting documents archived on the City website, but the hyperlinks in documents are active. Perhaps staff could update the archive so that portions of documents can be downloaded with the links remaining active. Two legislators have introduced a Constitutional amendment that would make local planning ordinances supreme over State law except for the Coastal Act, siting of power plants, and the location of water and transportation infrastructure. Hopefully, the City will support the proposed Constitutional amendment. REQUEST FOR CONTINUANCES None CONSENT ITEMS ITEM NO. 1 MINUTES OF MARCH 18, 2021, Planning Commission meeting Recommended Action: Approve and file Chair Weigand noted Mr. Mosher's proposed edits to the minutes. Motion made by Commissioner Ellmore and seconded by Commissioner Kleiman to approve the minutes of the March 18, 2021, meeting with Mr. Mosher's edits. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Lowrey, and Rosene NOES: None ABSTAIN: None 13-64 ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 MIXED-USE DOVER/WESTCLIFF (MU -DW) ZONING DISTRICT CODE AMENDMENT (PA2020-316) Site Location: The Mixed -Use DoverMestcliff (MU -DW) Zoning District is comprised of six parcels located along the westerly side of Dover Drive between 16' Street and Westcliff Drive Summary: An amendment to 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) of the Newport Beach Municipal Code. The proposed amendment would allow eating and drinking establishments (i.e., restaurants) and larger health/fitness facilities in the MU -DW District, subject to meeting the parking requirements and obtaining a use permit. Recommended Action: 1. Conduct a public hearing; 2. Find the 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)). Vice Chair Lowrey recused himself due to business interest conflicts. Assistant Planner Joselyn Perez reported the six properties located in the MU -DW Zoning District are developed primarily with multi -tenant office buildings and one religious institution. The surrounding properties are developed with primarily residential uses but also include a park, high school, and a strip of commercial uses. Prior to the most -recent General Plan Update, the six parcels comprising the MU -DW district were zoned Administrative, Professional, and Financial (APF), which conditionally allowed eating and drinking establishments and health and fitness facilities. In late 2020, property owners within the MU - DW district approached the City about their difficulties leasing vacant office space and suggested allowing restaurants and gyms would help them lease vacant spaces. In November 2020, the City Council adopted a resolution initiating the subject Code amendment. Assistant Planner Perez further reported the proposed Code Amendment would allow restaurants and gyms with the approval of a use permit. An application for a use permit would be evaluated on a case-by-case basis with respect to compatibility with surrounding uses and available parking. The proposed Code Amendment does not decrease off-street 13-65 parking ratios. Staff analyzed these uses and found them to be consistent with the General Plan. Staff provided notice of the hearing to property owners located within a 300 -foot radius of the MU -DW district, published notice in the Daily Pilot, and also sent a letter requesting public comment to property owners. Staff has not received any responses. In response to Commissioner Koetting's questions, Deputy Director Jim Campbell advised that the proposed Amendment does not reference specific hours of operation. Hours of operation will be evaluated as part of each individual use permit requests. A fast-food restaurant with a drive-through could be allowed with a conditional use permit. Onsite parking will be subject to existing Code requirements and will likely be greater based on the size of the restaurant or gym use. If onsite parking is not adequate, the applicant will have to seek a parking waiver or provide offsite parking. In reply to Commissioner Klaustermeier's query, Assistant Planner Perez explained that each application would be analyzed for traffic impacts individually. In answer to Commissioner Rosene's inquiry, Assistant Planner Perez indicated the Zoning Administrator would hear and potentially approve a minor use permit. A decision by the Zoning Administrator could be appealed to the Planning Commission. In response to Chair Weigand's questions, Assistant Planner Perez related that the Zoning Administrator would hear an application for a minor use permit for a fast -foot restaurant. Community Development Director Seimone Jurjis added that he has the discretion to present items to the Planning Commission for review. Deputy Director Campbell explained that the existing General Plan and zoning allow up to 26.7 dwelling units per acre, and there are no residential uses located in the MU -DW district at present. Commercial uses and mixed uses are allowed in the MU -DW district. Assistant City Attorney Yolanda Summerhill advised that a Zoning Code amendment would be needed to change the underlying zoning so that residential uses are no longer allowed. Deputy Director Campbell stated the Housing Element Update has explored increased housing density on these sites but has not explored modifying the permitted uses. If Commissioners are concerned about restaurant and gym uses in a mixed-use building in the MU -DW district, they may not want to endorse the proposed amendment. Chair Weigand believed the MU -DW District is not a candidate for fast-food uses. Commissioners have the right to appeal Zoning Administrator decisions. He expressed the belief that this item is premature in light of the Housing Element Update being finalized in the next several months. Chair Weigand opened the public hearing. Jim Mosher proposed Exhibit A, Table 2-8, state "Section 1: The rows entitled 'Eating and Drinking Establishments' and 'Health/Fitness Facilities' of Table 2-8 ...." Laura Acuna, DMP Properties and property manager for 1501 and 1515 Westcliff Drive, supported the expansion of uses in the MU -DW district. This would allow opportunities in use and leasing for property owners. David Tanner opposed the proposed amendment at the current time because of the residential uses allowed. Because the zoning allows mixed-use development and housing laws are varied and there are many, the City could very easily lose control of the property. 13-66 The use of density bonus incentives and concessions could result in a high-rise mixed-use building with a small commercial -use component. This item should be postponed until the Council gives direction on the Housing Element Update. Chair Weigand closed the public hearing. In answer to Commissioner Kleiman's query, Deputy Director Campbell reiterated that property owners could redevelop their properties with a commercial or a mixed-use building under the existing zoning. Chair Weigand clarified his comments as the Housing Element Update is considering increased housing density for the MU -DW district. The new uses could impact existing uses. The church already has trouble with unauthorized parking on its property. Commissioner Rosene noted a restaurant could be a viable use in the district. Perhaps, the concern is a fast-food restaurant, in which case the Planning Commission may want to eliminate a fast-food use from the proposed amendment. In response to Chair Weigand's questions, Community Development Director Jurjis reported eliminating a fast-food use from the amendment is within the Planning Commission's discretion. The Planning Commission is making a recommendation to the City Council. Chair Weigand noted Council Member Duffield's interest in expanding uses within the MU - DW district. He advised that he does not wish to restrict property owners. The City Council can make the final decision. Commissioner Koetting explained that the Housing Element Update is considering an overlay for potential sites; therefore, the Planning Commission does need to be too concerned about increased housing. Fast-food restaurants and fast-food restaurants with a drive-through are different. A fast-food use needs to be carefully described. Chair Weigand expressed concern about vehicles entering and exiting the properties. Infrastructure adjustments will be needed to slow traffic if there is a lot of vehicles obtaining take-out orders. Commissioner Klaustermeier indicated the requirement for a use permit that could be presented to the Planning Commission should assure Commissioners that uses not compatible with the surrounding area would not be approved. Commissioner Kleiman remarked that the Planning Commission needs to do what it can to assist property owners and businesses thrive. Commissioner Ellmore concurred with Commissioners Kleiman and Klaustermeier. The use permit is a good safety net. He indicated his position that postponing items because of potential issues and uncertainties is not appropriate. Motion made by Commissioner Ellmore and seconded by Commissioner Kleiman to approve the staff recommendation. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, and Rosene NOES: Weigand 13-67 RECUSED: Lowrey ABSENT: None VIII. STUDY SESSION ITEM NO. 3 INITIAL DRAFT OF THE GENERAL PLAN HOUSING ELEMENT UPDATE (PA2017-141) Site Location: Citywide Summary: The Housing Element is a mandatory element of the City's General Plan that requires periodic review and updating. It is a comprehensive statement of housing goals and policies that are closely correlated with other elements of the General Plan. The next update to the Housing Element must be adopted by mid-October of 2021. The draft update provides for the City's 4,845 -unit allocation of the 6th Cycle of the Regional Housing Needs Assessment (RHNA), a State mandate, as well as relevant supporting policies consistent with State Housing Element laws. Recommended Action: Review, discuss and provide input and direction to staff. Deputy Community Development Director Campbell reported staff seeks the Planning Commission's input and comments regarding the draft Housing Element. Input and comments from the public have informed the draft Housing Element. Staff will present it to the City Council later in the month. Senior Planner Ben Zdeba related the history of the General Plan Update Steering Committee (GPUSC) and the Housing Element Update Advisory Committee (HEUAC) and reviewed Listen & Learn and Housing Element Update workshops and methods of advertising the Housing Element Update. Staff plans to present the draft Housing Element to the Council on April 27, 2021 and seeks authorization to submit it to the California Department of Housing and Community Development (HCD) on May 14, 2021. HCD has 60 days to review the draft Housing Element and provide their findings such that the HEUAC may review the findings and offer potential changes on August 4, 2021. Planning Commission review and recommendation are tentatively scheduled for September 9th and September 23rd respectively. Finally, Council certification of the Environmental Impact Report (EIR) and adoption of the Housing Element could occur on October 12, 2021, with staff submitting the adopted Housing Element to HCD on October 15, 2021. David Barquist, Kimley-Horn & Associates, advised that the draft Housing Element is an initial draft. The first public review period closes at the end of the month. Additional revisions will be made to the draft Housing Element to comply with statutory requirements and to reflect community concerns. The Introduction section sets the stage for the policy, its relationship to the General Plan, and the overall organization of the document. The Community Profile section is a demographic, econometric analysis of the existing community and sets a framework of initial need. The Housing Constraints and Resources section relates to governmental and nongovernmental constraints, contains an analysis of fair housing, and summarizes the resources available to address housing issues. The Housing Plan section contains the policies to accommodate and implement housing growth through 2029. The Appendices support the analysis. The Adequate Sites Analysis explores the feasibility of sites accommodating future housing. The Regional Housing Needs Assessment (RHNA) is an estimate of the housing growth need for 2021-2029. 13-68 The City's RHNA is 4,845 units. The City must show the capacity to accommodate future growth within its policy program. The City is required to provide the capacity for growth, not to build housing units. After subtracting projections for accessory dwelling unit (ADU) growth, projects in the pipeline, and remaining available sites in the 5th Cycle from the RHNA number, the net remaining need is 2,645 units, which the draft Housing Element accommodates. Mr. Barquist further reported the community identified focus areas for development, and the HEUAC evaluated candidate sites, analyzed the feasibility and potential feasibility of future housing sites, and identified an inventory of sites with the highest potential for redevelopment in the future. Only the sites identified in the inventory are needed to accommodate the City's RHNA allocation. Development potential is the capacity to accommodate growth, and the City is required by law to demonstrate its ability to accommodate growth. The sites are used as a basis to frame the City's future policy and regulatory amendments to accommodate growth. He reviewed the five steps of calculating development potential for sites in a focus area. Public comment from workshops and HEUAC meetings suggested reevaluation of the sites methodology to establish a more equitable distribution of units Citywide, reconsider the distribution of affordability in each focus area, and revise assumptions for development potential. The HEUAC generally supports revising the assumptions. Mr. Barquist went on to say the Airport Area was a key strategy of the 4th and 5th RHNA cycles; the proposed average density is 50 dwelling units per acre (du/ac); and redevelopment of 25 percent of the area is needed to accommodate growth. The West Newport Mesa Area provides opportunities for reinvestment and redevelopment, partnerships between public and private organizations, and housing for local workers of various income levels; the proposed average density is 45 du/ac; and redevelopment of 30 percent of the area is needed to accommodate growth. The Dover/Westcliff Area can support increased density that is compatible with surrounding uses; the proposed average density is 30 du/ac; and redevelopment of 40 percent of the area is needed to accommodate growth. In response to Chair Weigand's inquiry, Deputy Director Campbell indicated there are no changes proposed for Mariners' Mile. The focus area is along Dover Drive. In reply to Commissioner Koetting's request, Mr. Barquist explained the 5th RHNA Cycle as the planning period from 2014 to 2021. Mr. Barquist stated the Newport Center Area has seen recent residential developments; the City anticipates additional development opportunities for housing; the proposed density is 45 du/ac; and redevelopment of 25 percent of the area is needed to accommodate growth. Deputy Director Campbell reported the Sight Plane View Ordinance was adopted in 1972 and carried forward in three existing Planned Communities in the Newport Center Area. The ordinance basically limits buildings to a height of 32 feet. Buildings may be taller as long as they are below the sight plane. The increased densities have the potential to cross the sight plane. In answer to Chair Weigand's query, Deputy Director Campbell indicated there are multiple points where the building height can be addressed. Staff hopes the Planning Commission 13-69 will leave the sites in the draft Housing Element because there are opportunities for future developments not to exceed the sight plane ordinance. A future housing overlay can also identify development standards for buildings to remain below the sight plane. The sight plane ordinance is unique in Newport Beach, but all properties are subject to the Zoning Code protections for views. In response to Vice Chair Lowrey's inquiries, Deputy Director Campbell advised that the sight plane was implemented through an ordinance rather than a private easement. He indicated he is not aware of the sight plane requirement appearing on real property titles. Mr. Barquist related that the Coyote Canyon Area is a closed landfill, but a portion of it is an ideal opportunity for residential development; the proposed density is 40 du/ac; and redevelopment of 100 percent of the portion is needed to accommodate growth. A developer and the County of Orange have expressed interest in redeveloping the property. In response to Chair Weigand's query, Mr. Barquist stated one entity owns and controls the Coyote Canyon property. Mr. Barquist reported the Banning Ranch Area is considered unlikely for redevelopment under Scenario 1; the proposed density is 30 du/ac; and redevelopment of 100 percent of the area is needed to accommodate growth. The total development potential for all the focus areas is 9,937 units, which is greater than need in order to provide a buffer. The buffer protects the City from the no net loss provisions of Senate Bill (SB) 166. Deputy Director Campbell reiterated that the HEUAC will review the comments from HCD in August and propose changes to the draft Housing Element, which will then undergo a public review process again. The EIR will be ready for review along with the revised draft Housing Element in the fall. In answer to Commissioner Rosene's questions, Deputy Director Campbell advised that staff intends to allow property owners with ADUs to self -certify the uses of ADUs. If the self -certification complies with criteria for a particular income level, the City will take credit for the ADU. The proposed inclusionary housing policy obligates the City to adopt an inclusionary housing ordinance within 24 months and to implement an interim policy. In the 4th RHNA Cycle, the Housing Element included an inclusionary housing policy at 15 percent and provided an exception for smaller housing developments. Those types of details will be discussed with the interim and permanent regulations. In reply to Commissioner Kleiman's inquiries, Deputy Director Campbell indicated the policy actions contained in the draft Housing Element establish the need to take future zoning actions. Development standards can be included in those zoning actions, which the Planning Commission will review as proposed ordinances. Once the Housing Element is adopted, the City has three years to create the zoning strategies. The City's responsibility is to create a plan that provides opportunities to accommodate future growth required by the RHNA allocation. The City does not control the destiny of the Banning Ranch Area, but it can provide the zoning that allows residential development in the Banning Ranch Area. The HEUAC and staff reviewed each parcel in the focus areas and discussed the feasibility of redevelopment of each parcel. The proposed densities do not include density bonuses. In discussing proposed densities, staff and the HEUAC considered compatibility with the surrounding area and existing development. The financial feasibility of redeveloping sites was not considered. The EIR could be 13-70 challenged, which could delay the process. Kimley-Horn & Associates, a reputable and credible firm, is preparing the EIR and traffic analysis. In response to Commissioner Koetting's queries, Mr. Barquist explained that information in the Housing Element must conform to statutory requirements, which in many respects dictate the organization of the Housing Element. Most cities' Housing Elements will follow the same framework. Commissioner Koetting felt the credits for projects in the pipeline, ADU growth, and remaining 51" RHNA Cycle sites need to be emphasized to the community. Deputy Director Campbell clarified that the Housing Element will not affect existing uses but add an opportunity for housing under certain rules. Staff has sent two letters and will be sending a third letter to owners of opportunity sites inquiring about their interest in redeveloping their properties. Some property owners have replied indicating interest in future housing opportunities. In addition, staff has met with some property owners. The percentages for redevelopment are necessary to meet RHNA, but whether those percentages will be realized over time is unknown. The redevelopment percentages are reasonable assumptions for the areas within a planning document. The County has an agreement with Tait and Associates to develop a golf course on the Coyote Canyon property. Staff in conjunction with Tait and Associates identified the 22 -acre area as not impacted by the landfill. If Tait and Associates determines it can provide a project with 20 percent affordable housing rather than the assumed 35 percent, the Housing Element has to provide the difference in other focus areas or within 180 days the City will have to rezone property to account for the difference. This is where the buffer comes into play. Vice Chair Lowrey preferred low- and very -low-income housing be distributed across focus areas instead of concentrated in the Airport Area. Because the EIR for the previous Banning Ranch project is invalid, a new development project in the Banning Ranch area may be able to provide more affordable housing than assumed. Deputy Director Campbell reported affordable housing has been reallocated slightly, but staff will look again at Banning Ranch. In answer to Commissioner Ellmore's inquiries, Deputy Director Campbell explained that the Airport Area, Newport Center, and West Newport Mesa are ripe for densification because of the proximity to transit and jobs. The Dover/Westcliff Area is a lower -density community. The density for the Banning Ranch Area is low because of the limited amount of land. In the previous project, the Coastal Commission identified less than 15 acres of development that was free of any environmental constraint. The exact number of acres available for development today is unknown. Commissioner Ellmore recommended staff consider lowering the density in the Airport Area and increasing density in the Banning Ranch Area. Vice Chair Lowrey noted Fashion Island and the Airport Area are the City's business centers. The higher densities for those areas require some thought. The undeveloped Banning Ranch Area may be more appropriate for higher density. In reply to Chair Weigand's questions, Deputy Director Campbell noted that market -rate housing in a mixed -income development is necessary to finance the affordable housing. While zoning for market -rate housing is not necessary for the 6t" RHNA Cycle, it is a component of financing and constructing affordable housing. Typically, developers 13-71 include the minimum number of affordable housing units required and the minimum number the development can afford. Developers maybe able to construct more affordable housing in a development than required. Encouraging developers to provide more affordable housing is not part of the draft Housing Element. Projects with higher affordability are financed differently, and the amount of the subsidy is small. Mr. Barquist added that the draft Housing Element indirectly encourages the City to meet and confer with affordable housing developers. Chair Weigand believed the projected number of ADUs could be more aggressive, and strategies need to be applied to that. Increasing senior housing and assisted living units would be good because seniors use fewer City services. The discussion needs to consider the impacts of increased housing and the omission of development impact fees for projects with less than 50 units on the City. He expressed concern about replacing recreation areas with housing. The process needs to slow down. He preferred to fight something like this because he does not want the character of the City to change to meet this arbitrary demand. Deputy Director Campbell indicated an increase in senior housing would coincide with the aging population of Newport Beach. Senior housing is usually more welcomed into the community. In answer to Commissioner Koetting's query, Deputy Director Campbell indicated Sites 1- 16 can be found on page B-37. The list of sites will be updated. Commissioner Kleiman agreed with the concern about this changing the character of the City, particularly proceeding with no protections. The City should zone for a maximum number of units so that applications for unwanted developments are not submitted and future RHNA allocations do not increase exponentially. Deputy Director Campbell reported the Council directed staff and the HEUAC to develop a plan to comply with the City's RHNA allocation. Staff shares the concern about changes to the community over time. The Council is reviewing other ways to push back identified in it's 2020 Housing Action Plan. Jim Mosher remarked that zoning overlays provide development opportunities and protections for property owners. HCD expects the City to address its comments and not much else. Because of the grace period, there is no penalty if the Council adopts the Housing Element by February 15, 2022. Adoption in December may be more reasonable than in October. He inquired whether the draft Housing Element sent to HCD for review would be made available to the public. Deputy Director Campbell explained that staff will revise the draft Housing Element to comply with HCD's comments. Chair Weigand questioned whether HCD could complete its review in 60 days. Debra Allen, Harbor View Hills Community Association, commented that the sight plane ordinance is a constraint on development, and residents want the ordinance to continue. Property owners for five sites subject to the sight plane ordinance have expressed interest in redeveloping their properties to provide residential uses. The proposed overlay may be difficult to remove in the future. Chair Weigand wanted to protect the sight plane ordinance. The residents' concerns are legitimate. Community Development Director Jurjis advised that staff would ensure the Council is aware of the sight plane ordinance. 13-72 In response to Commissioner Kleiman's inquiry, Community Development Director Jurjis reported the Housing Element will not supersede the sight plane ordinance. The Council has notified him that it wants to preserve the sight plane ordinance. Commissioner Kleiman also wanted to maintain the sight plane ordinance. Nancy Scarbrough believed more things need to be done, such as learning whether affordable housing developers can provide projects with more than 10 percent affordable. The draft Housing Element has to be right before it is submitted to HCD. John Loper requested an overlay zone for the Via Lido Plaza. The large amount of surface parking would be a good site for housing. During the 5t" RHNA Cycle, mixed-use developments were allowed on surrounding properties. In reply to Chair Weigand's query, Deputy Director Campbell reported the Via Lido Plaza site was not considered because it was not zoned for mixed use in the 5t" RHNA Cycle. The Peninsula area was not considered for densification. Staff will talk with the property owner, and the Council may consider the request. In answer to Commissioner Koetting's question, Deputy Director Campbell believed the Coastal Commission is more amendable to housing in the Coastal Zone than in the past and wants to see the preservation of existing density. The Environmental Justice Policy, which the Coastal Commission recently adopted, suggests principles for the Coastal Commission's review of applications. Weighing the housing crisis with environmental constraints on Banning Ranch is within the Coastal Commission's purview. Staff addressed identification of the Banning Ranch site for housing with Coastal Commission staff and received little definitive feedback. In response to Vice Chair Lowrey's inquiries, Deputy Director Campbell related that mortgage revenue bonds from the County helped finance the Uptown Newport project and will probably be used in future projects. The draft Housing Element contains policies for homeless shelters. Most of the time, affordable housing is not feasible. Commissioner Klaustermeier noted a low percentage of parcels is projected to redevelop. An overlay is proposed for a large number of parcels and should be approached cautiously. Deputy Director Campbell clarified that the overlay would be available until production achieves the targeted number of units and then would cease to exist. Staff does not want to create an overlay that exists in perpetuity. In reply to Chair Weigand's query, Deputy Director Campbell advised that the HEUAC will be on hiatus until HCD provides its comments. To change the composition of the HEUAC would require Council action. Commissioners can voluntarily participate in HEUAC meetings. Staff could present HCD's comments to the Planning Commission as well as the HEUAC. IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None 13-73 ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported on March 23, 2021, the Council adopted the wine tasting ordinance, authorized the Annual General Plan Update progress report, and approved a one-year waiver of business license fees for businesses that were forced to closed due to the pandemic. A virtual workshop regarding the Circulation Element Update was held April 5, 2021. The April 22, 2021, Planning Commission will be canceled. Currently, four applications are scheduled for the Planning Commission's May 6, 2021, meeting. Staff will present the draft Housing Element and the Mariners' Mile mixed- use project to the Council on April 27, 2021. Jim Mosher believed paper copies of the draft Housing Element would assist the public's review of the document. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT — 8:58 p.m. The agenda for the April 8, 2021, Planning Commission meeting was posted on Friday, April 02, 2021, at 2:20 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, April 02, 2021, at 2:15 p.m. Erik Weigand, Chairman Lauren Kleiman, Secretary 13-74 Attachment G Planning Commission Resolution No. PC2021-009 13-75 DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-OBB670D162E7 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. 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. 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 13-76 DocuSign Envelope ID: AC741498-4430-4FA1-AA1 B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Paae 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: 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 -1-11). 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. 13-77 DocuSign Envelope ID: AC741498-4430-4FA1-AA1 B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Paae 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. 13-78 DocuSign Envelope ID: AC741498-4430-4FA1-AA1 B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Paae 4 of 5 PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF APRIL 2021. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, and Rosene NOES: Weigand RECUSED: Lowrey ABSENT: None DocuSigned by: BY: F� l Erik Welgan air DocuSigned by: BY: Lauren Kleiman, Secretary 13-79 DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-OBB670D162E7 Planning Commission Resolution No. PC2021-009 Paae 5 of 5 1W14:1141iV_1% 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 13-80