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HomeMy WebLinkAbout04 - Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities Within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 25, 2021 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: 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 adoption of Ordinance No. 2021-11, to allow restaurants and larger health/fitness facilities (over 2,000 square feet in area) in the Mixed Use-Dover/Westcliff (MU -DW) zoning district, subject to meeting the parking requirements and obtaining a use permit. RECOMMENDATION: a) Find this action proposed herein 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; and b) Conduct second reading and adopt 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). DISCUSSION: The 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 amendment does not include drive-through facilities. Drive-through facilities are a separate land use that would not be allowed in the MU -DW District. 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. 4-1 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 25, 2021 Page 2 At the May 11, 2021 City Council meeting, the City Council held a public hearing on the proposed amendment. During the public hearing, a representative from The Church of Jesus Christ of Latter -Day Saints (Church), located at 801 Dover Drive, addressed the City Council and relayed the Church's concerns with the amendment. The concerns related to on -street parking shortages in the general area and when the Church holds service. The City Council directed City staff to work with representatives of the Church and attempt to address these concerns. After considering all evidence, including the Planning Commission's review and public comments, the City Council voted to introduce Ordinance No. 2021-11. Church Concerns Historically, the Church has coordinated with neighboring property owners to utilize their parking lots outside of regular business hours, which is when the Church generally holds service. The Church does have a nonexclusive easement to utilize up to 50 parking spaces in the lot of 833 Dover Drive; however, allowing restaurant and gym uses could potentially cause the neighboring property owners to be less likely to share their parking with the church. Furthermore, the future parking demands could increase over time with changes in use in an area where there is limited on -street parking due to other adjacent uses. The Church suggested three potential options to address their parking related concerns: i. Restripe Dover Drive to provide on -street parking which could be used by Church parishioners; ii. Install a lighted crosswalk across 16th Street at the intersection with Sea Gull Lane which would facilitate easy crossing for parishioners parking at the Environmental Nature Center; and iii. Consider only rezoning 1501 and 1515 Westcliff Drive to allow the restaurant and gym uses while leaving the MU -DW allowed uses unchanged. Restriping Dover Drive The restriping of Dover Drive to allow on -street parking would not be feasible due to the presence of an existing bike lane. The west side of Dover Drive between Westcliff Drive and Coast Highway is improved with a Class II on street bike lane consistent with the City's 2014 Bicycle Master Plan. The Bikeways Master Plan, part of the 2006 General Plan Circulation Element, also includes the Class II bike lane for this roadway segment. Removing the existing bike lane would be inconsistent with both planning policy documents. This bike lane is well used, provides access to the coast, and this segment is identified as the seventh highest for bicycle -related uses in the 2014 Bicycle Master Plan. Additionally, removing the bike lane would be contrary to the overall goal to reduce vehicle miles traveled. Providing parking along this roadway while maintaining the bike lane would require a detailed review and it might require the roadway to be modified and possibly widened along with other safety considerations. These reasons lead staff to conclude that adding street parking would not be feasible at this time. 4-2 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 25, 2021 Page 3 Liahted Crosswalk After consultation with the City's Public Works Department, the City may be able to install a flashing beacon crosswalk across 16th Street at Sea Gull Lane. Further study would be needed to confirm if the location meets established crosswalk warrants; however, there is history of pedestrians utilizing this area for crossings. If City Council adopts this ordinance, staff will study this location for a potential crosswalk. Rezoning The Church representatives suggested to staff that their concerns about potential future parking conflicts would be addressed if only the properties furthest away, those at 1501 and 1515 Westcliff Drive (at the corner of Westcliff and Dover), were allowed the ability to have restaurants and gyms. They suggested rezoning them to a commercial designation similar to the zoning of the adjacent properties, Commercial General (CG) zone, on Westcliff Drive while leaving the remaining properties subject to the current MU -DW zone. This would theoretically benefit the Church by not allowing the abutting lots adjacent to the Church to take advantage of the proposed amendment, thereby preserving their existing shared parking arrangement with the abutting property. The solution the Church suggests cannot be accomplished because of Senate Bill (SB) 330. SB 330 would not permit the City to rezone 1501 and 1515 Westcliff Drive to a CG zoning designation because it would eliminate an opportunity for residential development. Additionally, the entire block facing Dover Drive shares the same General Plan Land Use category and Zoning District. The privileges afforded must be consistent to avoid a spot zoning issue, hence the reason why all the properties in the MU -DW zone will gain the additional uses if this item is approved. 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. 4-3 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 25, 2021 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item. ATTACHMENT: /_iF.T.L'110no i_Qe7�.' Ifl' 'rem- 05W21Y•TiRE RM Attachment A Ordinance No. 2021-11 GID 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/WESTCLIFF) 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 Dover/Westcliff) 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; BE Ordinance No. 2021-11 Page 2 of 5 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, 4-7 Ordinance No. 2021-11 Page 3 of 5 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; 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; and WHEREAS, a public hearing was held by the City Council on May 11, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, in person and via teleconferencing, observing restrictions 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 City Council at this public hearing. 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: Ordinance No. 2021-11 Page 4 of 5 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. 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 -V MU -MM (6) MU -DW MU CV115th Specific Use definitions. St. (7) Regulations See Chapter 20.12 for unlisted uses. Service Uses—General Eating and Drinking E=stablishments Accessory food service (open to public) P P P P Section 20.48.090 Fast Food (no late hours) (4)(5) PIMUP PIMUP PIMUP PIMUP Section 20.48.090 Fast Food (with late hours) (4) MUP MUP PIMUP MUP Section 20.48.090 Food Service (no late hours) (4)(5) PIMUP PIMUP PIMUP PIMUP Section 20.48.090 Food Service (with late hours) (4) CUP CUP CUP CUP Section 20.48.090 Take -Out Service, Limited (5) PIMUP PIMUP PIMUP PIMUP 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. Ordinance No. 2021-11 Page 5 of 5 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. 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: NAYS: ABSENT: ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY' OFFIC AARON C. HARP, CITY TTORNEY BRAD AVERY, MAYOR 4-10