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HomeMy WebLinkAbout10 - Attachment CC3 - PC Staff ReportPlanning Commission Staff Report, dated April 7, 2011 ATTACHMENT No. CC 3 �9 50 SCANR. •- _ �I 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. 51 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� 52 3 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) 52 3 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. 53 cl WEST NEWPORT AMENDMENTS April 7, 2011 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. 54 `A 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. 54 `A WEST NEWPORT AMENDMENTS April 7, 2011 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. 55 20 WEST NEWPORT AMENDMENTS April 7, 2011 Page 6 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 S0 q `REST NEWPORT AMENDMENTS April 7, 2011 Page 7 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) 57 0 WEST NEWPORT AMENDMENTS April 7, 2011 Page 8 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 152 W WEST NEWPORT AMENDMENTS April 7, 2011 Page 9 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). 59 WEST NEWPORT AMENDMENTS April 7, 2011 Page 10 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 M& WEST NEWPORT AMENDMENTS April 7, 2011 Page 11 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 01 01 WEST NEWPORT AMENDMENTS April 7, 2011 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 02 \'A