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Home My WebLink About13 - Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) - CorrespondenceTHE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS NEWPORT BEACH CALIFORNIA STAKE May 10, 2021 Via Email Newport Beach City Council 100 Civic Center Drive Newport Beach, CA Email: cityclerk@newportbeachca.gov Received After Agenda Printed May 11, 2021 Item No. 13 Re: Mixed -Use Dover/Westcliff (MU -DW) Zoning District Code Amendment (PA2020- 316); Code Amendment No. CA2020-009 (the Proposed Amendment) Ladies and Gentlemen: Thank you for the invitation to express our comments on the Proposed Amendment. We do so not only as a property owner of 801 Dover, within the boundaries of the MU -DW directly impacted by the Proposed Amendment, but as a congregation of tong -standing members of the Newport Beach community who seek to contribute to the prosperity and well-being of our community through the exercise of our faith. Well before and since we built the Church building on 801 Dover (now designated as an Historic Site) in 1967, we have been blessed to be a part of the City of Newport Beach. We now have approximately 3,500 members in the Newport -Mesa area, about 800 of whom are members in the two congregations that meet in the 801 Dover property. In the summertime, our meeting numbers often swell as out-of-town visitors join us for Sunday services there. We have witnessed and appreciated the City's significant growth over this period of time. Of course, that growth has included significant commercial and residential developments in the area. As growth has continued, we have found that parking and driving access has increasingly become a challenge for those who use our church building. It is mainly with respect to these issues that we find ourselves compelled to comment. We understand a Planning Commission Meeting was held on April 8, 2021 in which the Proposed Amendment was discussed. Unfortunately, we have not found a record of having received notice of that meeting. We mention this only to note that we have had less time to fully analyze the impact of the Proposed Amendment than otherwise might have been the case. For example, we have not yet fully reviewed permitted uses (conditional or otherwise) under the Proposed Amendment to determine if these might present compatibility issues with communities City Council Letterv3 (5-10-21) Newport Beach City Council May 10. 2021 MU -DW Proposed Code Amendment Page 2 of faith such as ours. We do, of course, place significant trust in the careful, thoughtful planning of the City in making such decisions, and have a long-standing tradition of supporting our local leaders. However, to the extent permitted, we would like to reserve the ability to add more at a later date to the comments included in this letter and at the Meeting tomorrow. With this background, we present the following comments for consideration: • There is some history regarding the parking challenges we have faced in connection with 801 Dover that we believe may provide some important context. The large apartment complex located a few feet away from our property requires significant use of street parking spots. This has historically presented a challenge as those spots tend to be heavily occupied in the evenings and weekends when tenants are home – times that are also natural for faithful people in our community to gather for church worship services, service projects, and activities for children and teens. As growth parked more cars on our streets and the City removed all street parking along Dover Dr., our congregants and visitors found diminishing availability. Further, as weekend sporting and community activities increased at Newport Harbor High School and heavy overflow parking from the apartment complex was occurring into the lot off 16th St., the Newport -Mesa Unified School District prohibited any non -school use of that lot and parking spots on Seagull Lane filled. Therefore, years ago, when we approached our business neighbors to cooperatively address the issue, several recognized our value to the area and our need, and executed easement and license agreements with us to allow for additional parking during off -business hours/days. Those agreements form an elegant arrangement which optimizes use: Our parking needs are primarily in the evenings and on Sundays; the neighboring businesses are primarily open in the daytime hours during the business week. The Proposed Amendment risks disrupting this carefully crafted compromise arrangement. It will significantly increase the use of the same parking areas by businesses that operate in the evening and on the weekend (and potentially additional residents if mixed-use proposals are accepted)—the reverse of the present arrangement. But the proposal doesn't yet appear to address the impact that increase will have on our existing needs, or our existing agreements. Businesses with heavy operations at night and on weekends, like restaurants and gyms, may find it difficult to offer their lots for parking for our members and guests in the evening and on Sundays as currently agreed. • We read the April 8, 2021 Planning Commission Meeting Minutes and echo some of the comments made by the good servants of Newport Beach – including that (i) under the Proposed Amendment "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," (ii) onsite parking requirements will "likely be greater" suggesting that certain businesses may need to request a "parking waiver or provid[ing] offsite parking," (iii) "the new uses could impact existing uses" and, of course, (iv) "[t]he church already has trouble with unauthorized parking on its property." We urge the City Council to consider the "surrounding use" of religious worship and community service as well as the "available parking" needs of our faith -based community in determining "compatibility." City Council LetterA (5-10-21) Newport Beach City Council May 10. 2021 MU -DW Proposed Code Amendment Page 3 • In a similar vein, we also express concern about the potential impact the Proposed Amendment would have on traffic flow in the area. In particular, the combination of active commercial usage in the area with the strains on parking availability could result in those using our building having to walk further and navigate heavier traffic on the way. This negative impact on convenience and safety will be felt particularly by our children and elderly members. • We recognize the General Plan goals and policies cited in the Planning Commission Staff's Report. We desire that good businesses have the ability to succeed and grow, and generally welcome actions to support the prosperity of our local business environment. We do request, however, that such goals be balanced equally and appropriately with the "spiritual activity" and "civic engagement" policies cited in the Report as being in Policy LU 2.1 among "uses that support the needs of Newport Beach's residents." When also considering policies related to "quality of life" as referenced in the Report, we urge the Council to recognize religious worship and service as integral additions to quality. • There are many activities that may be impacted by the Proposed Amendment. With the obvious caveat that Covid-19 has reduced the usage of all buildings, in more "normal" times the Church's usage includes (i) Sunday worship services and meetings, (ii) gatherings throughout the week by our children's organizations and teen organizations, (iii) community organizations (e.g., Boy Scouts), and (iv) many interfaith and community based events each year (e.g., the annual "Hearts and Hands" interfaith community day of service, Red Cross blood drives, access/parking privileges to the Environmental Nature Center, etc.). We again express our appreciation of the opportunity to address the City Council now and look forward to working with all in our community to fmd a fair and positive path forward with respect to the Proposed Amendment. Sincerely, The Church of Jesus Christ of Latter-day Saints Newport Beach California Stake Presidency Daniel M. Livingston, President David C. McPhie, First Counselor Gene R. Clark, Second Counselor City Council LetterO (5-10-21)