HomeMy WebLinkAbout6.0_Visitor Accommodation Opportunities in the MU-W2 and MU-CV15th Zoning Districts_PA2023-0116CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 22, 2023 Agenda Item No. 6
SUBJECT: Visitor Accommodation Opportunities in the MU-W2
and MU-CV/15th Zoning Districts (PA2023-0116)
SITE LOCATION: Various properties located in Lido Village, Cannery Village, McFadden Square and mixed-use areas on 15th Street, Agate Avenue, and Marine Avenue PROPONENT: City of Newport Beach
PLANNER: Jim Campbell, Deputy Community Development Director (949) 644-3210 or jcampbell@newportbeach.ca.gov
PROJECT SUMMARY
On May 23, 2023, the City Council directed the Planning Commission to identify opportunities to modify Titles 20 and 21 of the Newport Beach Municipal Code to facilitate new visitor serving accommodation opportunities within the MU-W2 and MU-CV/15th Street zones. The request also included several considerations: 1) applicability to multi-
unit residential developments with 20 or more residential units under common ownership,
2)requirement for professional management, 3) requirement for project amenities, and4)where there are no parking impacts that could reduce the availability of parking inresidential neighborhoods.
RECOMMENDATION
1)Receive public comment;
2) Find recommended actions exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3 because it has no potential to have a significant effecton the environment; and
3)Form an ad hoc committee consisting of three Planning Commissioners appointed
by the Chair to develop a recommendation for the Planning Commission to consider
and forward to the City Council;
OR
4)Instruct staff to prepare a report focusing on the topic that will be reviewed by the
Commission at a future date.
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Visitor Accommodation Opportunities in the MU-W2 and MUCV/15th Zones (PA2023-0116) Planning Commission, June 22, 2023 Page 2
DISCUSSION Affected Locations
The MU-W2 zoning district primarily encompasses Lido Village and McFadden Square, but it also covers the Canary Village waterfront and mixed-use commercial areas on Balboa Island (Agate and Marine Avenues), and a single property located at 2890 Bay Shore Drive. The MU-CV/15th Street zoning district encompasses the Cannery Village
area and the mixed-use areas along the west side of 15th Street on the Balboa Peninsula. See Attachment No. PC 1 for map of affected zoning districts.
Current Visitor-Serving Opportunities
Both zoning districts allow residential units and hotels, motels, and timeshares subject to a conditional use permit. Bed and breakfast operations are allowed in the MU-CV/15th Street zone with a conditional use permit, but they are not permitted in the MU-W2 zone. Short-term rentals are not allowed in any mixed-use zones currently. Originally, the short-
term rental of residential units was allowed in all zones, and as they proliferated over the
years, they were prohibited in single-family zones in 2004. In 2010, they were inadvertently prohibited in mixed-use zones with a comprehensive update of the Zoning Code. More recently, the number of short-term rentals has been capped to 1,550 permits Citywide and the permit process was amended to reduce nuisances and enhance
enforcement.
Time shares are allowed in the MU-W2 and MU-CV/15th Street zones with a conditional use permit and subject to a number of development requirements, including a minimum project size of 100 units, unless part of a resort hotel complex that has 300 or more units.
Most recently, the definition of time shares has been clarified to include the fractional ownership uses where an owner’s exclusive use of property is restricted for less than a year. This clarification to the definition is pending Coastal Commission approval for properties in the coastal zone.
City Council Direction and Staff Recommendations The City Council has provided direction to the Planning Commission to identify additional visitor accommodation opportunities in the subject zones with specific criteria noted in the project summary above.
Staff recommends the Commission establish an ad-hoc subcommittee to assist staff with this endeavor. Alternatively, staff could be instructed to prepare a full report with options to consider; however, staff believes the creation of a subcommittee will be a more efficient process.
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Visitor Accommodation Opportunities in the MU-W2 and MUCV/15th Zones (PA2023-0116) Planning Commission, June 22, 2023 Page 3
Once the subcommittee completes the work, staff will prepare a report for the full Commission to consider at a future meeting. Ultimately, the Planning Commission will outline its recommendations for the City Council’s consideration and initiation of code
amendments. Should the City Council take that step, staff will draft code revisions to both
Title 20 and Title 21 for review and consideration by the Planning Commission at a future public hearing. Environmental Review
Either recommended action is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment. At this time, actions related to this discussion topic involve only feasibility
or planning studies for possible future actions the City has not approved, adopted, or funded. Should new regulations be considered, their adoption would be subject to CEQA. Public Notice
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item). Additionally, the agenda for this meeting was posted at City Hall and on the city website. Prepared and Submitted by:
ATTACHMENTS PC 1 Location Map of MU-W2 and MU-CV/15th St Zoning Districts
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Attachment No. PC 1
Map of MU-W2 and MU-CV/15th St Zoning Districts
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June 22, 2023, Planning Commission Item 6 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 6. NEW VISITOR-SERVING ACCOMMODATIONS MU-W2 AND
MU-CV/15TH ST
I do not believe either of the recommendations suggested is the correct one.
The genesis of this is something appearing on the May 23, 2023, City Council agenda under the
heading “MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A
FUTURE AGENDA (NON-DISCUSSION ITEM).”
The request from Mayor Pro Tem O’Neill was for a future agenda item to:
“Direct the Planning Commission to identify opportunities to modify Chapters 20 and 21 of
the Newport Beach Municipal Code to facilitate new visitor serving accommodation
opportunities within the MU-W2 and MU-CV/15th Street zones for multi-unit residential
developments with 20 or more residential units under common ownership. Consider as part
of this review professional management, amenities, and where there are no parking impacts
that could reduce the availability of parking in residential neighborhoods.”
Under City Council Policy A-1 (paragraph C on page 1), the concurrence of three Council
members is required to place the requested item on a future City Council agenda.
In this case, the vote was unanimous, but since it was a non-discussion item, the reasonable
expectation would have been that staff was being directed to bring the item back for discussion
by the City Council, during which time Mayor Pro Tem O’Neill could explain what he means by
“facilitate” and what accommodations he feels are lacking in the MU-W2 and MU-CV/15th Street
zones. Only after that full discussion (or at least a consent calendar item giving further details)
would the Council decide if it wanted to direct the Planning Commission to pursue the matter.
Without that, the Commission is largely in the dark as to what it has been asked to do and
whether any recommendations it might make would have the support of the Council.
In short, I believe the correct recommendation would be to direct staff to do what Council Policy
A-1 says: namely, to put discussion of Mayor Pro Tem O’Neill’s request on a future Council
agenda, so the Council can discuss and take possible action on a motion to “Direct the Planning
Commission to identify opportunities to modify Chapters 20 and 21 …”
Only then would the Commission know what a majority of the Council wants it to work on.
Without that prior Council discussion, I have no idea what “new opportunities” the Council may
want to see “multi-unit residential developments with 20 or more residential units under common
ownership,” or even if they want novel new uses at all, or merely want something to “facilitate”
the approval of already allowed uses.
Staff implies they have some idea what the Council members may be thinking of, but to me
staff’s guesses will be pure speculation.
Planning Commission - June 22, 2023 Item No. 6a - Additional Materials Received Visitor Accommodations Opportunities in the MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
Visitor Accommodations in MU-W2 and MU-CV/15th
Street Zones
(PA2023-0116)
Planning Commission Public Hearing
June 22, 2023
Jim Campbell, Deputy Community Development Director
Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
Introduction
•City Council Direction
•Planning Commission to study code amendments for additional visitor accommodations in MU-W2 and MU-CV15th Street Zones
2Community Development Department
Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
Vicinity Map Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
•Zones created in 2010•Implement the 2006 General Plan Update•New mixed-use zones
•Both Zones allow traditional hotels, motels and B&B•Conditional Use Permit required
•Zones do not allow short term rentals•Prior to 2010, zoning allowed STL at any unit but R-1 zone•Missing opportunity
MU-W2 & MU-CV/15th Street Zones
4Community Development Department
Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
•Establish Planning Commission ad-hoc
subcommittee
or
•Direct staff to prepare report with code amendments
MU-W2 & MU-CV/15th Street Zones
Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)
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Questions and Discussion
Jim Campbell, Deputy Community Development Director
949-644-3210, jcampbell@newportbachca.gov
Planning Commission Discussion Item
June 22, 2023
Planning Commission - June 22, 2023 Item No. 6b - Additional Materials Presented at the Meeting Visitor Accommodation Opportunities in th e MU-W2 and MU-CV 15th Street Zoning Districts (PA2023-0116)