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Home My WebLink AboutPC2021-009 - RECOMMENDING THE CITY COUNCIL APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2020-009, TO AMEND TABLE 2-8 (ALLOWED USES AND PERMIT REQUIREMENTS) OF SECTION 20.22.020 (MIXED-USE ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS) OF TITLERESOLUTION NO. PC2021-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2020-009, TO AMEND TABLE 2-8 (ALLOWED USES AND PERMIT REQUIREMENTS) OF SECTION 20.22.020 (MIXED-USE ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS) OF TITLE 20 (PLANNING AND ZONING) (PA2020-316) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Mixed-Use Dover/Westcliff (MU-DW) Zoning District does not allow for eating and drinking establishments or larger health/fitness facilities despite being located immediately adjacent to general commercial uses along Westcliff Drive that include these uses. Property owners of MU-DW zoned parcels have indicated a difficulty with leasing existing office space and would like the ability to lease underutilized space for restaurants or fitness type uses. 2. On November 24, 2020, the City Council of the City of Newport Beach adopted Resolution 2020-98 initiating an amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”) to allow Eating and Drinking Establishments and Health/Fitness Facilities within the MU-DW zone (“Zoning Code Amendment”). 3. 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 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 Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Zoning Code Amendment 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 DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Page 2 of 5 causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. SECTION 3. FINDINGS. Finding: A. The Zoning Code Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). Facts in Support of Finding: 1. The MU-DW District is comprised of six parcels located along the westerly side of Dover Drive between 16th Street and 17th Street. The parcels are predominantly developed with multi-tenant office buildings, except for 801 Dover Drive, which is developed with a church. The General Plan land use designation of the lots is Mixed-Use Horizontal 1 (MU-H1). According to the General Plan, “MU-H1 provides for a horizontal intermixing of uses”. The General Plan further states, “properties located in the Dover Drive/Westcliff Drive area 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 Commercial Office (CO) and Mixed Use Vertical (MU- V) designations respectively. Both the CO and MU-V designations allow for eating and drinking establishments and health and fitness facilities. 2. Of the six different mixed-use zoning districts contained in the Zoning Code, the MU-DW District is the only one that does not allow various types of eating and drinking establishments and fitness facilities. The MU-DW District currently allows only accessory food service and small (2,000 square feet or less) fitness facilities. 3. As part of the 2006 General Plan update, these parcels were identified as a new opportunity for mixed-use development. In 2010, the zoning for the block was changed from Administrative, Professional and Financial (APF) to MU-DW. Eating and drinking establishments and health and fitness facilities were conditionally permitted uses within the previous APF District. 4. Permit requirements for the various types of eating and drinking establishments and health and fitness facilities would replicate the permit requirements for the other mixed-use zoning districts. 5. Off-street parking ratios would not be altered as part of the Zoning Code Amendment ensuring that adequate parking is provided for any new uses proposed at the existing properties. DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Page 3 of 5 6. Eating and drinking establishments provide a social gathering place while health and fitness facilities provide another amenity for those who live and work in the Dover Drive/Westcliff Drive neighborhood. Together, these uses support the needs of Newport Beach residents (General Plan Policy LU 2.1 Resident-Serving Land Uses) 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 (General Plan Goal LU 2). 7. Allowing new uses within the MU-DW District should ultimately help building owners fill existing vacancies and facilitate the establishment of local businesses that generate sales tax and provide opportunities for employment, which is consistent with General Plan Policy LU 1.5 (Economic Health) and LU 2.4 (Economic Development). 8. The six parcels affected by the Zoning Code Amendment are already developed and are adequately served by existing utilities. Allowing two new general service type uses would not noticeably change the existing character of the neighborhood nor significantly alter the existing development pattern, consistent with General Plan Goal LU 3. 9. Eating and drinking establishments and health and fitness facilities would be allowed on the ground floor of which is consistent with General Plan Policy LU 5.3.2 (Mixed-Use Building Location and Size of Nonresidential Uses). 10. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Zoning Code Amendment is not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The Zoning Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Zoning Code Amendment No. CA2020-009 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Page 4 of 5 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF APRIL 2021. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, and Rosene NOES: Weigand RECUSED: Lowrey ABSENT: None BY:_________________________ Erik Weigand, Chair BY:_________________________ Lauren Kleiman, Secretary DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-0BB670D162E7 Planning Commission Resolution No. PC2021-009 Page 5 of 5 EXHIBIT “A” ZONING CODE AMENDMENT NO. CA2020-009 Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020(C) (Mixed Use Zoning District Land Uses and Permit Requirements) of Chapter 20.22 (Mixed Use Zoning District MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) of the Newport Beach Municipal Code (“NBMC”) is amended to read as follows: Land Use MU-DW Specific Use Regulations Service Uses — General Eating and Drinking Establishments Accessory food service (open to public) P Section 20.48.090 Fast Food (no late hours) (4)(5) P/MUP Section 20.48.090 Fast Food (with late hours) (4) MUP Section 20.48.090 Food Service (no late hours) (4)(5) P/MUP Section 20.48.090 Food Service (with late hours) (4) CUP Section 20.48.090 Take-Out Service, Limited (5) P/MUP Section 20.48.090 Health/Fitness Facilities Small—2,000 sq. ft. or less MUP Large—Over 2,000 sq. ft CUP DocuSign Envelope ID: AC741498-4430-4FA1-AA1B-0BB670D162E7