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HomeMy WebLinkAbout18 - General Plan Updater: CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 18 May 23, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 -644 -3222, swood @city.newport - beach.ca.us SUBJECT: General Plan Update: Land Use and Circulation Elements, Implementation Program and Draft Environmental Impact Report APPLICANT NAME: City of Newport Beach RECOMMENDATION: Receive public comments on the referenced elements and Implementation Program of the Draft General Plan and Draft Environmental Impact Report (EIR); provide direction to staff on revisions to the referenced elements of the Draft General Plan; and continue public hearing to • June 8, 2006. DISCUSSION: The Planning Commission continued their review of the Land Use Element on May 4, 2006 and made recommendations to the City Council regarding four sub - areas: Balboa Peninsula, Balboa Village, West Newport Highway and Corona del Mar. The Commission also began their discussion of the Implementation Program. In addition, the City Council is receiving a letter from Conexant with this report, and may wish to discuss their request for residential use. Balboa Peninsula The draft General Plan and the traffic study divided the Balboa Peninsula sub -area into three geographic areas. Lido Village — In area "A° (Figure LU 19 on page 3 -85), staff recommended to change the land use designation from mixed use to Medium Density Residential (RM -A) for the harbor - fronting lots between the Via Lido/Via Oporto and Via Lido/Via Malaga intersections. We recommend that the most southerly lot in this reach be designated Recreational and Marine Commercial (CM -A). Both of these changes recognize the reduced likelihood for mixed use development at this end of Via Lido and reflect existing land uses that are not expected to change. The Planning Commission agreed that this area is more viable for residential than . commercial or mixed use, but recommended a higher density category, RM -B with a General Plan Update it May 23, 2006 Page 2 maximum of 20 units per acre. This density more closely approximates the existing • residential development in this area. The mixed use designation for the remainder of area "A" is recommended for 1.5 FAR, as opposed to the maximum of 2.0 in the draft plan. This FAR is also consistent with existing development. Area "B" is also at the far end of Via Lido and less likely to support commercial uses. Staff recommended that it be designated Medium Density Residential (RM) with a density of 18 units per acre. (This is the same density that the City Council applied to West Newport Mesa, and it will be a new RM sub - category.) The Planning Commission recommendation is for RM -B, up to 20 units per acre, the same as they recommended for the opposite side of Via Lido. The result of staff's recommendations for this portion of Balboa Peninsula would be a decrease of 112,559 square feet of commercial floor area and a decrease of 197 dwelling units from that studied in the EIR. The resulting impact on traffic would be a reduction of 4,985 daily trips from the EIR and 3,203 fewer trips than the existing General Plan. Cannery Village — For area "C," no change is proposed from the mixed -use designation included in the draft General Plan. Area "G" is designated for mixed use in the draft plan, but was studied as commercial in the traffic model. Staff believes that commercial is the more appropriate designation, and we recommended Neighborhood Commercial (CN -B) north of • 32nd Street and Visitor Serving Commercial (CV -A) in the remainder. This would not result in a change from the traffic model results for this area, 3,848 fewer trips than the existing General Plan. For the area south of 32nd Street, the Planning Commission felt that the mixed use designation would provide greater impetus for property owners to upgrade the area, and they recommended retaining the MU -A1 designation in the draft General Plan. McFadden Square — In reviewing this area again, it was discovered that mixed use along the bay front had not been input to the traffic model. Correcting for the 177 residential units that could be developed in this location adds 998 daily trips. For area "E" and area "F" south of 28th Street, staff recommended reducing the mixed use intensity from 2.0 FAR to 1.2 FAR (0.3 FAR for commercial uses and 0.9 FAR for residential uses). This would result in 143,748 square feet less than the draft plan and a reduction of 4,947 trips from the EIR projection. The net change in trips for the correction and recommended intensity change would be 3,949 less than the EIR, resulting in 549 more trips than the existing General Plan. The Planning Commission's only change in this area was to set the maximum FAR at 1.25, as in the existing General Plan. For the Balboa Peninsula corridor, staffs recommended changes to the land use plan would decrease trips by 8,934 from EIR projections and 6,502 from the existing General Plan. • General Plan Update May 23, 2006 Page 3 • Fifteenth Street The Planning Commission received a request from two property owners on 15th Street (Attachment 2) to redesignate the properties not fronting on Balboa Boulevard or Ocean Front for residential use, without a required commercial component. (Figure LU 6, Statistical Area Map C) The Commission agreed that the properties interior to the block are not viable commercial sites, due to their lack of visibility and parking. They recommended that the mixed use designation developed for Cannery Village, MU -134, be used for all the properties on the west side of 15th Street, south of Balboa Boulevard. This designation allows residential development without a commercial component on interior lots, but requires mixed - use buildings at street intersections. The Commission also recommended that the description of this land use classification be amended to allow either mixed use or exclusively commercial development at street intersections. Balboa Village Staff recommended designating the future site of the Newport Harbor Nautical Museum (currently the Fun Zone) as Private Institution (PI -B) instead of commercial. (Figure LU 20 on page 3 -89) The Museum owns the property and its long -term use is likely to be institutional. Additionally, staff recommended leaving the remainder of the waterfront area Visitor Serving Commercial (CV -A), as shown on Figure LU20 on page 3 -89. This area includes the Balboa •Pavilion and marine support uses, which the Historic Resources and Harbor and Bay Elements encourage preserving, and staff does not believe that residential use is either appropriate or viable here. The traffic model had considered this area mixed use, as directed by the Planning Commission and City Council. The result of these two changes would be a decrease of 991 trips from the EIR and 123fewer trips than the existing General Plan. The Planning Commission agreed with staffs recommendations in this sub -area. West Newport Highway The draft General Plan proposes to consolidate the commercial areas and add some multi- family residential. (Figure LU 24 on page 3 -111) The net increase in daily trips is approximately 800 above the existing plan. Russell Fluter has requested that the rear portion of his property at 6100 West Coast Highway be designated for residential use, instead of Visitor Serving Commercial (CV -A), as proposed in the draft General Plan (Attachment 3). Making the change requested by Mr. Fluter would eliminate 387 daily trips, but it would be counter to the planning concept of concentrating retail uses in two centers at Prospect and Orange Streets. In addition, this change would foster separate development of lots that have already been consolidated, rather than facilitating development on larger lots to make it more feasible to provide appropriate parking and good site design. Staff believes that the slight increase in trips from the proposed General Plan in this area is justified by the potential for improvement town area that is an entry to Newport Beach. In .addition, previous reductions in floor area ratio and residential density made by the Planning Commission and City Council for the West Newport Mesa and Old Newport Boulevard areas General Plan Update ` May 23, 2006 Page 4 more than offset the increase in trips from the West Newport Highway area. Therefore, we • recommended no changes from the draft plan in this area, and the Planning Commission agreed. Corona Del Mar The draft General Plan does not change the land uses in the Corona del Mar business area. In the course of our work to verify information and prepare new land use maps, staff identified three properties that are candidates for a change in land use designation. All of the changes would result in a decrease of daily trips. (Figure LU 27 on page 3 -127) Sherman Gardens — Change the land use designation from Neighborhood Commercial (CN- B) to Private Institution (PI-13). The change would accurately reflect the current and anticipated future land use and traffic generation characteristics. The change would result in a reduction of 2,303 trips from the EIR. (This trip reduction was already counted in the Newport Center traffic impact area, and will not be counted again for Corona del Mar.) Crown Cove Senior Care Community — Change the land use designation from Neighborhood Commercial (CN -B) to Private Institution (PI-13). The change would accurately reflect the current and anticipated future land use and trip generation characteristics. The change will result in a reduction of 1,783 trips from the EIR. is Galleo's and Vacant Lots (3900 -3928 East Coast Highway) — Change the land use designation from Neighborhood Commercial (CN -B) to Medium Density Residential (RM -B). These properties are the easternmost lots on the northern side of East Coast Highway. They are adjacent to residential uses, and so removed from the commercial center of Corona del Mar that it is unlikely they would be successfully developed for commercial uses. The change would result in a reduction of 477 trips from the EIR. The Planning Commission considered whether it is prudent to reduce the Corona del Mar commercial area, and whether future residents on these properties would be impacted by the commercial uses on adjacent properties to the west. The majority of the Commission concluded that existing residential development surrounding these properties would be more impacted by new commercial uses on them than new residential would be impacted by existing commercial development. The Commission agreed with staffs recommendation. The overall decrease in trips for the sub -area with changes to these three properties is 2,157 trips below the existing General Plan (without the reduction for Sherman Gardens). Implementation Program The Planning Commission suggested a number of minor clarifications and corrections to the Implementation Program, as well as some questions that require some staff research. The Commission did make a recommendation related to the use of development agreements. • The Commission noted that, where "additive" residential use is allowed in the Airport Area General Plan Update May 23, 2006 Page 5 • and Newport Center, the property owners would be receiving an extraordinary benefit, because they would not be required to reduce or eliminate existing development in exchange for the residential entitlement. The Commission's recommendation is that development agreements be required for these developments, so that the City has the opportunity for a significant contribution to public infrastructure in exchange for the private benefit. This recommendation was made in the context of discussing Implementation Program 15 related to development agreements. If the City Council agrees that this requirement should be added to the General Plan, staff recommends that it be as a new policy rather than an implementation measure. Policies will be used by staff, property owners and the Commission and Council more regularly than the Implementation Program, and a policy will have more recognition as well as more weight. Environmental Review: The Draft EIR for the proposed General Plan was released for public review on April 24, 2006, and the public review period will close on June 8. The Planning Commission should receive public comments on the Draft EIR, as well as make comments of their own. Public Notice: Notice of this public hearing, and subsequent public hearings on the General Plan update •and EIR, was provided by a quarter page display advertisement in the Daily Pilot on May 6, 2006. Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive General Plan update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Submitted by: Sharon Wood Assistant City Manager Attachments: 1. Daily Trip Generation Plan to Plan Comparison 2. Proposal for 111 -113 Fifteenth Street 3. Letter from Russell Fluter 4. Letter from Conexant E Q (n W W J {n W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z (? 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It should be noted that the last time the zoning change was effected( from residential to mixed use) no letter of intent was given to any of the property owners on 151h Street, nor were we given any opportunity to address the Commission. I am definitely in favor of having the zoning changed back to residential. The parking issue during peak season alone is a nightmare as it is now, not to mention privacy and noise issues in the evening hours. I would appreciate any information with regard to this issue. Written response on any decision should be addressed as per below. • Sincerely, Jean M. Van Omum 646 Canyon Road #308 Novato, Ca 94947 Cc/ Sharon Wood, Asst. City Mgr Patricia Temple, Planning Director C� • :� • J v J J c ........ ..... .. j6 -ttu S n� L t-1 10.1 SruF� � L) job n�ff„E7 VA" b(2mo0--k rz -0 ou c �6c, �L - I-�- V NeAdLTtA L:D" 7 5 10 REASONS to change to RESIDENTIAL • PARKING IS MAXED OUT NOW WE HAVE FOOD OUTLETS COVERED Fry's Market Stuff Surfer WE HAVE BEACH GOERS COVERED 15th Street Surf Shop Real Estate Office - Rentals WE HAVE RELIGION COVERED Catholic Church Methodist Church We even have Acupuncture needs covered Other Apartments in area are zoned Residential • • 3 c CITY OF NEWPORT BEACH U,y S •'cicoaN. HEALY APARTMENTS 700 CLIFF DR NEWPORT BEACH, CA 92663 INSTRUCTIONS AND CONDITIONS ACCOUNT NUMBER: BT00001222 EXPIRATION DATE: 12/31/2006 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro- rated. Refunds are not provided once the certificate has been issued. r business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and ment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644 -3141; e-mail us at: RevenueHelp @city .newport- beach.ca.us, or visit us on the internet at www.ci .newDOrt- beach.ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 12/31/2006 SERVICE ADDRESS: HEALY APARTMENTS 113 15TH ST NEWPORT BEACH CA 92663 BUSINESS CATEGORY: MISC REAL PROPERTY LESSORS SELLERS PERMIT: NO SELLERS ACCOUNTNUMBER: BT00001222 OWNER NAME: HEALY EDWARD OWNERSHIP TYPE: SOLE PROPRIETORSHIP TAX INCLUDES PAYMENT FOR: 1.00 EMPLOYEES DATE OF ISSUE: 12/29/2005 Russell E Hater 2025 W. Balboa Bh,d Newport Beach, CA 92663 May 1, 2006 Sharon Wood, Assistant City Manager City of Newport Beach 3200 Newport Blvd. Newport Beach, CA 92663 SUBJECT: General Plan and zone change for 6 lots on 61 n and 62'd Street, currently zoned commercial. I am the owner of the 8 1h lots at 6100 W. Coast Highway. Please consider my request to change the zoning of the back 6 lots to residential (R -1). This change would be an improvement to the area. Sincerely, russell E. Fluter CC: Steve Rosansky Ed Selich Michael Toerge ' r TT'01 o A �o.8 3 V i a O! ti 3 � n yy 1 �• O h � �. t `O •p � v `Q; N h { � . O p • 7 .O r O •o� �O � �:, N •se ss �o. • `!Y 3 •n 0 r �• rs� QO o r1i A . 32`` 1• �� SF p ...+ A• w N .• .�L .i! R O e••!� S. n a V .• . O � v ry Ole m o� V 3 '4 p •♦ e o N r •. 0 • 133 &1S • ° r oHZg g. � ob v IV t�J ow �Woz . a O v 03;0 ` • .. , h ` .cc w ,•.. .Z 133d1s � $ 17.�dSGV1d ry y •1 K. Wr,,) • 1 I t ok 1 — D Ir Ole Q• r Q •' • v. Q. ry y •1 K. Wr,,) • 1 I t ok 1 — D C�ys� ✓fir 6 LoiS • C C 1 Dwight W. Decker, Ph.D. (( C O N E X A N T" Chairman and Chief Executive Officer May 19, 2006 Mayor Don Webb City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -1768 Dear Mayor Webb: I am a resident of Newport Beach and the chairman and chief executive officer of Conexant Systems, Inc. a semiconductor company headquartered in our city. Approximately 600 Conexant employees work in our building at 4000 MacArthur Blvd. We have been an active member of the Newport Beach community for many years. That won't change. I wanted to express my concern over the "straw vote" that occurred recently regarding the • land -use designation of our property at MacArthur and Jamboree. As I understand it, the Council indicated a preliminary disposition to retain the "industrial" designation for our 25 acres. • The issues regarding land -use designations, rezoning, and growth in the airport area are complex and controversial, and merit our complete attention. I know you are working diligently to develop an equitable and comprehensive proposal that satisfies the requirements of diverse interests. This issue is too important to exclude key stakeholders at any level of deliberation. Conexant executives have been engaged with City officials, and we have participated in the 2006 General Plan Update process. I'd appreciate the opportunity to become even more closely involved as the proposal is finalized for the November ballot. I am convinced that the Conexant team can quickly demonstrate to the satisfaction of all concerned parties that a mixed -use designation for our property, which we have asked to be included in the General Plan Update, will best serve the interests of the community at large. We have developed a detailed, long -range proposal for our property that merits your consideration. We share your concerns regarding traffic and congestion, and we have some ideas in this area as well. Accordingly, I've asked my team to work with Sharon Wood to set up a meeting to discuss these issues. CONEXANT SYSTEMS, INC. • 4000 MacArthur Blvd. (WeSt Tower) • Newport Beach, CA 92660 Tel 949.483.6551 fax 949.483.4318 • dwight.decker®conexant.com Letter to Mayor Webb May 19, 2006 Page Two Newport Beach is the finest city in Orange County. With your continuing leadership, and input from companies like Conexant, I am confident that we can successfully manage growth while retaining the quality of life that makes our city unique. Thank you for your attention on this important matter. Sincerely, I Dwight W Decker Chairman and Chief Executive Officer Conexant Systems, Inc. cc: K. Curry L. Daigle R. Nichols T. Ridgeway S. Rosansky E. Selich S. Wood • • • Z •• �a cc uZ, W (1) CLs o Op � j z a U� z 0 U U. O J _Q W Q f Z la ,il x UW Z 0 Q u a Cl) V a N cr CL F- z a w z 0 L) ooh o Ll nlllili11111i11rtm C. 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