HomeMy WebLinkAbout10 - Attachment CC3 - PC Staff ReportPlanning Commission
Staff Report, dated April 7, 2011
ATTACHMENT No. CC 3
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SCANR. •-
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT �� COPY
April 7, 2011 Hearing
Agenda Item 3
SUBJECT: West Newport Amendments - (PA2010 -182, 190, and PA2011 -014)
6904, 6908 -6936, and 6480 West Coast Highway
• General Plan Amendment Nos. GP2010 -002, 013, and GP2011 -002
• Code Amendment Nos. CA2010 -012, 013, and CA2011 -003
• Local Coastal Plan Amendment Nos. LC2010 -002, 003. and LC2011-
001
APPLICANTS: T.K. Brimer, B. Jeffrey and Lorrainne Kennard, and The National Cat
Protection Society
PLANNER: Javier S. Garcia AICP, Senior Planner
(949) 644 -3206, jgarcia @newportbeachca.gov
PROJECT SUMMARY
Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change
the designations of three properties from Two -Unit Residential (RT and RT -E) to Visitor
Serving Commercial (CV) or Mixed Use - Vertical (MU -V) land use designations. The
amendments were initiated by the property owners who are seeking to continue the
existing nonconforming commercial use of their properties. All three properties are
currently developed with commercial and mixed -use buildings, and no new land use or
development is proposed at this time.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits
recommending the City Council:
• Approve General Plan Amendment Nos. GP2010 -002, GP2010 -013, and
GP2011 -002; and
• Approve Local Coastal Plan Amendment Nos. LC2010 -002, LC2010 -003, and
LC2011 -001; and
• Approve Code Amendment Nos. CA2010 -012, CA2010 -013, and CA2011 -OC3.
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VICINITY
WEST NEWPORT AMENDMENTS
April 7, 2011
Page 2
6904 W. Coast Hwy:
The National Cat Protection Society
RT-
RT g \
6908 -6936 W. Coast Hwy
The Frog House
l
\\:
6480 W. Coast Hwy
Kennard Property
Dress My Party
O�
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CHANGES: CURRENT to PROPOSED
LOCATION:
GENERAL PLAN:
COASTAL LAND USE
ZONING:
PLAN:
6480 W COAST HWY
RT to CV-0.5
RT -E to CV -A
R -2 to CV -0.5
SURROUNDING USES:
RT
RT -E
R -2
North, South, East and
(Two -Unit Residential)
(Two -Unit Residential)
(Two -Unit Residential)
West
6904 W COAST HWY
RT to MU -V
RT -E to MU -V
R -2 to MU -V
6908 -6936 W COAST HWY
RT. to MU -V
RT-E to MU -V
R -2 to MU -V
SURROUNDING USES:
RT
RT -E
R -2
North, South, &East
Two -Unit Residential) )
(Two -Unit Residential)
(Two -Unit Residential)
West
RM
RM -D
RM (2178)
(Multi -Unit Residential )
(Multi -Unit Residential)
(Multi -Unit Residential)
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WEST NEWPORT AMENDMENTS
April 7, 2011
Page 3
INTRODUCTION
Proiect Setting
The properties involved are located on the inland side of West Coast Highway in West
Newport and are designated by the Land Use Element of the General Plan, Coastal
Land Use Plan, and the Zoning Code for Two -Unit Residential use. The properties are
currently occupied by commercial and mixed -use buildings and uses that are
nonconforming with the General Plan, Coastal Land Use Plan and the Zoning Code.
Background
On July 25, 2006, the Newport Beach City Council adopted Resolution No. 2006 -76
approving a comprehensive update to the Newport Beach General Plan ( "General Plan
Update ").
On November 13, 2007, the City Council adopted Resolution No. 2007 -71, approving
Coastal Land Use Plan Amendment No. LC2007 -001 making the Coastal Land Use Plan
consistent with the General Plan Update.
On January 28, 2008, the City Council adopted Ordinance No. 2008 -05, which in addition
to other Zoning Code changes, established the maximum time period for the abatement
and termination of nonconforming uses in residential districts. However, determinations of
nonconformity could not be made until the finalization of the City's Local Coastal Plan
(LCP), which occurred on July 14, 2009, and the subsequent Zoning Code Update which
was effective November 25, 2010.
On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning
Code (Newport Beach Municipal Code Title 20) bringing consistency between the Zoning
Code and the Land Use Element of the General Plan. The result of that action rendered
several properties nonconforming, including existing commercial uses located within
residential districts, which in accordance with Ordinance No. 2008 -05 became subject to
abatement.
The City sent letters to all known uses that are subject to abatement. Staff has met and
continues to meet with many of the owners of property that are subject to abatement. Staff
has explained to those owners the options available to them to remedy their individual
situations. Those remedies may include conversion of use or development to a residential
use; request for extension of the abatement period; and/or request to amend the General
Plan, Coastal Land Use Plan and Zoning Code to allow the continuation of the commercial
use. In the case of the subject applications, the individual owners chose to pursue
amendments to change the land use designations of their properties from residential to
commercial or mixed -use.
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WEST NEWPORT AMENDMENTS
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Page 4
Proiect Description
The list of proposed amendments are as follows:
General Plan: RT - Two -Unit Residential
CV -0.5 FAR — Visitor Serving Commercial, 0.5 floor area ratio
MU -V - Mixed Use Vertical
Coastal Land
Use Plan: RT -E — Two -Unit Residential
CV -A - Visitor Serving Commercial
MU -V — Mixed Use Vertical
Zoning District: R -2 - Two -Unit Residential
CV 0.5 FAR - Visitor Serving Commercial, 0.5 floor area ratio
MU -V - Mixed Use
Zoning Designations:
The R -2 zoning district is intended to provide for areas appropriate for a maximum of
two residential dwelling units (i.e., duplexes) located on a single legal lot.
The CV zoning district is intended to provide for areas appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City.
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EXISTING AND PROPOSED CHANGES
Locations:
I
General Plan:
Coastal Land
Zoning District:
(Application Number)
Use Plan:
From
I To
From
To
I From
To
6480 W Coast Hwy
Kennard Property
RT
CV 0.5
RT -E
CV -4
R -2
CV -0,5
(Dress My Party)
(PA2010 -190)
i
i
6904 W Coast Hwy
I
The National Cat Protection
RT
MU -V
RT -E
MU -V
R -2
MU -V
Society
(PA2011 -014)
6908 -6936 W Coast Hwy
TK Brimer
RT
MU -V
RT -E
MU -V
R -2
MU -V
The Frog House
(PA2010 -182)
General Plan: RT - Two -Unit Residential
CV -0.5 FAR — Visitor Serving Commercial, 0.5 floor area ratio
MU -V - Mixed Use Vertical
Coastal Land
Use Plan: RT -E — Two -Unit Residential
CV -A - Visitor Serving Commercial
MU -V — Mixed Use Vertical
Zoning District: R -2 - Two -Unit Residential
CV 0.5 FAR - Visitor Serving Commercial, 0.5 floor area ratio
MU -V - Mixed Use
Zoning Designations:
The R -2 zoning district is intended to provide for areas appropriate for a maximum of
two residential dwelling units (i.e., duplexes) located on a single legal lot.
The CV zoning district is intended to provide for areas appropriate for accommodations,
goods, and services intended to serve primarily visitors to the City.
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WEST NEWPORT AMENDMENTS
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Page 5
The MU -V zoning district is intended to provide for areas appropriate for the
development of mixed -use structures that vertically integrate residential dwelling units
above the ground floor with retail uses including office, restaurant, retail: and similar
nonresidential uses located on the ground floor or above.
Development Intensitv:
The CV -0.5 Zoning District allows for the development of commercial floor area with a
maximum floor area ratio (FAR) of 0.5.
The MU -V zoning district allows for the development of mixed use commercial and
residential projects with a maximum commercial FAR of 0.75 and residential density of
one unit for every 1,631 square feet of land area (density of 26.7 units per acre).
Residential uses are only allowed above the ground floor.
DISCUSSION
Analysis
Amendments to the General Plan Land Use Plan, Coastal Land Use Plan, and Zoning
Code are legislative acts. Neither City nor State Planning Law sets forth required
findings for approval or denial of such amendments. However, when making a
recommendation to the City Council, the Planning Commission should consider
applicable policies and development standards to ensure internal consistency.
General Plan - Land Use Element
Goal LU3 of the General Plan states as follows:
A development pattern that retains and complements the City's residential
neighborhoods, commercial and industrial districts, open spaces, and natural
environment.
Policy LU 3.2 - Growth and Change states as follows:
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and
infill with uses that are complementary in type, form, scale, and character. Changes
in use and /or densitylntensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and
new development shall be coordinated with the provision of adequate infrastructure
and public services; including standards for acceptable traffic level of service.
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WEST NEWPORT AMENDMENTS
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Policy LU 3.2 is intended to provide direction to decision - makers in determining under
what circumstances changes in land use, density, or intensity should be considered.
This policy recognizes that there are some areas of the City that are not achieving their
full potential and the policy establishes strategies for their enhancement and
revitalization. The proposed amendments would not create unacceptable or significant
traffic impacts or impacts to existing infrastructure or public services. Continuation of
existing uses and the future redevelopment of the properties consistent with the
proposed commercial or mixed -use designations would not create development that
would be complementary in type, form, scale, and character; however vertically
integrated mixed -use buildings are not found in the West Newport Area. Commercial
designations with commercial uses and no residential component are more consistent
with the existing development pattern and would provide for future revitalization when
economic factors allow redevelopment.
Policy LU 3.3 - Opportunities for Change states in part as follows:
(Newport Beach General Plan, Page 3 -9)
Provide opportunities for improved development and enhanced environments for
residents in the following districts and corridors...
o West Newport Area: consolidation of retail and visitor - serving commercial uses,
with remaining areas developed for residential units...
Staff believes that this policy was implemented with the adoption of the land use plan
map that included designating several underperforming commercial properties to
residential. One of the three subject sites was so re- designated with the adoption of the
land use plan map (The National Cat Protection Society property). The other two sites
were designated for residential uses with the adoption of the Newport Shores Specific
area plan over 25 years ago. The purpose was to strengthen the viability of commercial
uses around the existing commercial centers at the two signalized intersections. The
proposed amendments are contrary to that intent because they propose to expand the
scope of the commercial centers. However, the subject properties involved are in close
proximity with the two commercial areas. Additionally, the amendments will provide
opportunities for improved development in furtherance of the policy when economic
conditions permit. Approval of the amendments will allow the continuation of the existing
uses and development that would not be subject to abatement and therefore avoid the
near term result of creating vacant buildings on West Coast Highway. The presence of
vacant storefronts would have the opposite effect of revitalization.
General Plan Amendment No. GP2010 -013 (PA2010 -190)
6480 West Coast Highway -This amendment affects a parcel located at the southeast
corner of West Coast Highway and Walnut Street, and proposes to change the land use
category from RT (Two-Unit Residential) to CV 0.5 (Visitor - Serving Commercial). The
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`REST NEWPORT AMENDMENTS
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current building exceeds the 0.5 FAR and it does not provide the minimum code
required parking. The amendment would eliminate the opportunity for residential use.
Since the original submittal of the application for a land use change to CV 0.5, the
owners have reconsidered their request and have asked that the Commission consider
a request to redesignate the site to MU -V' (Mixed -Use Vertical). The owners are
concerned with the limits on retail sales with the CV zone (general retail sales are not
allowed, but visitor - serving retail sales are). Additionally, the owners want the
opportunity to have a residential use above the shops. Staff does not support the
change to the MU -V designation given that vertically integrated mixed -use development
is not located within the West Newport Area.
However, the Planning Commission could find future development of the property as a
mixed -use development will enhance and revitalize the West Newport Area and direct
staff to revise the resolution and attached documents to reflect the change from RT
(Two -Unit Residential) to MU -V (Mixed -Use Vertical).
General Plan Amendment No. GP2010 -002 (PA2010 -182)
6908 -6936 West Coast Highway — This amendment affects three lots located at the
corner of West Coast Highway and Grant Street, and proposes to change the land use
category from RT (Two -Unit Residential) to MU -V (Mixed -Use Vertical). The properties
are currently developed with a single residential unit located on the rear half of the two
easternmost parcels, and a commercial building (The Frog House) located on the
easternmost parcel. Parking for The Frog House is located on the front half of the
westerly two parcels. Although the The Frog House has a strong following that supports
its continued economic success, aesthetically, the property detracts from the overall
district. Current development would not be consistent with the proposed MU -V
designation although it would achieve the goal of the owner to allow the commercial use
to continue. The existing residence would not be subject to abatement as a
nonconforming use.
As noted previously, staff is concerned that the introduction of vertically integrated
mixed -use projects is not consistent with uses in the area. Future development of the
three individual lots as individual mixed -use projects would be difficult due to their small
lot size (lot areas of 1,825 sq. ft., 2,165 sq. ft., and 2,278 sq, ft.). It is possible that the
combining of the three small existing parcels could accommodate such a project;
however, vehicular access and parking could restrict the feasibility of such a project.
Additionally, commercially designated lots along the highway are designated CV.
Therefore, for these reasons staff recommends that the amendment be approved
changing the designation to CV 0.5 (Visitor- Serving Commercial) rather than MU -V.
General Plan Amendment No. GP2011 -002 (PA2011 -014)
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6904 West Coast Highway — This amendment affects a single parcel that is occupied by
The National Cat Protection Society, an animal shelter. The parcel was created by the
combining of three lots and a portion of a fourth into a single parcel in 1994, in
conjunction with an addition to the building and an amendment to Use Permit No. 353.
The applicant's original request was to change the land use category from RT (Two -Unit
Residential) to CV 0.5 (Visitor- Serving Commercial). Staff had proposed that a change
to mixed -use might be appropriate in this case, since the applicant to the west (The
Frog House) had requested a mixed -use designation. However, after careful
consideration of the General Plan Policies and the pattern of development in the West
Newport Area as mentioned previously, staff believes that CV 0.5 is appropriate. While
the existing building complies with the 0.5 FAR, alterations and additions would be
limited. However, the existing commercial use of the property would be allowed to
continue, which is the primary intent of the applicant.
However, if the Planning Commission should so chose, they could determine that the
amendment to accommodate mixed -use is appropriate in this case, and direct staff to
revise the resolution and attached documents to reflect the change from RT (Two -Unit
Residential) to MU -V (Mixed -Use Vertical). The Planning Commission could make a
determination that, given the size of this property, a mixed -use project with vehicular
access from the alley could be accommodated, and that such future development of the
property will enhance and revitalize the West Newport Area, which is therefore
consistent with the General Plan Policies.
Coastal Land Use Plan
Coastal Land Use Policy 2.1.3 -2 states as follows:
Allow local and visitor serving commercial retail consistent with the CV category in two
centers at Prospect Street and Orange Street.
The subject properties are within close proximity of these two locations (each are one to
one -half block west of these commercial centers) and the proposed CV -A category is
consistent the policy because it allows for visitor serving commercial uses. Additionally,
in the short term, retention of the existing commercial uses and in the long term,
potential future development, consistent with either a MU -V or CV designations would
complement the existing commercial centers with uses that serve the local residential
neighborhood and beach going visitors, consistent with this policy.
Coastal Act
The Coastal Act provides policies to protect coastal resources and maximize coastal
access to the public. Each of the three sites does not contain any sensitive coastal
resources as they are presently developed with commercial and residential buildings.
Each of the three sites is not located where public access easements would be
necessary. The Coastal Act prioritizes land uses, and visitor- serving uses are a higher
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WEST NEWPORT AMENDMENTS
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priority land use than residential use. Continued commercial use of the three properties
as developed and future redevelopment as either MU -V or CV will not conflict with the
policies of the Coastal Act.
Zoning Code
The stated purpose and intent of the Zoning Code is to carry out the policies of the City
of Newport Beach General Plan. Consistency between the General Plan and zoning
designations is critical to ensuring orderly development and enforcement. In the case of
each of the three properties, existing development would not strictly conform to all
standards of the MU -V or CV zoning districts; however, continued commercial use of
the sites would be allowed without abatement. The properties would be subject to
Chapter 20.38 (Nonconforming Uses and Structures) and new development would
require conformance with applicable development and parking standards.
Charter Section 423 (Measure S) Analysis
Pursuant to City Charter Section 423 and Council Policy A -18, an analysis must be
prepared to establish whether a proposed general plan amendment (if approved)
requires a vote by the electorate. The proposed amendments are combined with 80% of
the increases in traffic, dwelling units and non - residential floor area created by previous
general plan amendments (approved within the preceding 10 years) within the same
statistical area. The following thresholds are applicable: 100 dwelling units, 100 A.M.
peak hour trips, 100 P.M. peak hour trips, or 40,000 square feet of non - residential floor
area. If any of the thresholds are exceeded and the City Council approves the
requested General Plan Amendments, the amendments would be classified as a "major
amendment' and be subject to voter consideration. Approved amendments, other than
those approved by the electorate, are tracked for 10 years and factored into the analysis
of future amendments as indicated.
Table 1, below, summarizes the changes created by the proposed amendments with
the recommended CV 0.5 designation. The table also shows threshold totals if the
Planning Commission chooses to allow the MU -V designation for The Frog House and
The National Cat Protection Society properties. As indicated, in either case, none of the
four thresholds would be exceeded, and therefore, a vote is not required. A more
detailed analysis is attached (Attachment No.PC6).
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WEST NEWPORT AMENDMENTS
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Table 1
Charter Section 423 Analysis Summary
:Statistical Area B1
Allowed Floor
A.M. Peak Hour
P.M. Peak Hour
Increase in
Area
Trips
Trips
Allowed
Dwelling. U nits
Proposed
3,139 sq. ft.
7.22
9.86
0
GP2010 -002
Proposed
GP2010 -013
2,068 sq. ft.
I 5.32
7.19
0
Proposed
GP2011 -002
4,474 sq. ft.
l 12.54
16.82
0
SUBTOTAL
13,487.5 sq. ft.
15.08
I 33.87
0
Prior
Amendment
2,550 sq. ft.(80 %)
5.89(80%)
8.04 (80 %)
0
GP2010 -001
TOTAL
(CV only, with no
12,231 sq. ft.
30.97
41.90
0
residential units
TOTALS
(if MU -V is
permitted on two
16,037.5 sq. ft.
46.72
62.39
0
subject
ro erties
A.M. pear hour trip rate is 3 per 1,000 sq, ft
P.M. peak hour trip rate is 4 per 1,000 sq. ft.
SB18 Tribal Consultation Guidelines
Pursuant to Section 65352.3 of the California Government Code, a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that nine tribe contacts should be provided notice regarding the
proposed project. The appropriate tribe contacts supplied by the NAHC were provided
notice on January 21, 2011. Section 65352.3 of the California Government Code
requires 90 days to allow tribe contacts to respond to the request to consult unless the
tribe contacts mutually agree to a shorter time period.
The project sites are located in a geographic feature which was significantly modified
during the last century in order to alter channels for navigation (Semeniuk Slough) and
form habitable islands. The West Newport area was created after the era of Native
American settlement and has been subject to significant landform alteration. Due to
these factors, the City has contacted the nine tribe contacts by telephone, email, and
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WEST NEWPORT AMENDMENTS
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standard mail, and has not yet received any responses although the review period
remains open. The Planning Commission may recommend the proposed project to City
Council at this time. However, the City Council may not act on the proposed
amendments until the tribe review period is concluded. Given the sites are presently
developed and that the no development is proposed at this time, staff does not
anticipate any conflicts or need for monitoring by the tribes. If any comments are
received from the tribes, they will be forwarded to the City Council for consideration.
Environmental Review
The proposed amendments are exempt since they do not entail any significant
alteration to the subject properties and will bring the General Plan Land Use, Coastal
Land Use, and Zoning Districts designations consistent with the present use of the
buildings and properties involved. The sites are presently developed and no
development is proposed at this time, however, future development of the existing
individual properties and structures would be categorically exempt under Section 15302
of the California Environmental Quality Act (CEQA) Guidelines — Class 2 (Replacement
or Reconstruction). Therefore, this activity is not subject to CEQA .
Summary
The applicants have requested the amendments to allow retention of the existing
commercial buildings and uses. These uses have been in existence for a very long time
and their abatement at this time seems contrary to the General Plan Policies that
promote revitalization of the area. Continuation of these uses and future development
consistent with either the MU -V or CV designation doesn't appear to conflict with the
General Plan or Coastal Land Use Plan or Coastal Act. Staff does not foresee any
adverse environmental impacts with continued use or redevelopment. The approval of
the General Plan Amendments to CV 0.5 or the MU -V designation would not
necessitate a vote of the electorate, as required by Section 423 of the City Charter.
Alternatives
Alternatives to the recommended or applicant proposed amendments could include
designation to CG (General Commercial), or CC (Corridor Commercial) land use
categories. These designations have a broader array of commercial uses.
The City could also consider a Code Amendment to create an overlay designation that
could be applied to residentially zoned districts or lots that would allow for continued
commercial use within existing commercial buildings. Future development would be
limited to residential uses within residential buildings consistent with the General Plan
and the Zoning Code. Adoption of an overlay district or designation would have the
effect of eliminating the abatement and amortization requirements as currently apply.
The overlay designation would allow for future development of these properties
consistent with the General Plan when economic conditions are more favorable for such
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WEST NEWPORT AMENDMENTS
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Page 12
construction, at the owner's discretion. A Code Amendment to create such a tool would
require City sponsorship and if adopted, individual property owners could request a
zoning designation change to apply the overlay to their property.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the properties, and was posted at the site a minimum of ten days in advance
of this hearing, consistent with the Municipal Code. Additionally, the item appeared
upon the agenda for this meeting, which was posted at City Hall and on the City
website.
Prepared by:
Submitted by:
Javier S. Garcia AICP, Senior Planner Gregg Ramirez,
Senior Planner
ATTACHMENTS
PC 1 Draft Resolution with attached Exhibits
PC 2 Relevant Information for 6480 W. Coast Highway, PA2010 -190
PC 3 Relevant Information for 6904 W. Coast Highway, PA2011 -014
PC 4 Relevant Information for 6908 -6936 W. Coast Highway, PA2010 -182
PC 5 Section 423 Analysis Table
FAUSERSTLN \Shatd\PA's \PAS - 2010\P.A2010- 182\PC Documents\P,A2010 -1 S2 -PC siaff report 4- 07- 2011.docx
Tmplt 11/23109
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