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Home My WebLink About03 - West Newport Amendments_PA2010-190, PA2011-014, PA2010-182CITY OF s NEWPORT BEACH City Council Staff Report Agenda Item No. 3 May 24, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 -644 -3002 dsmith ®newportbeachca.gov PREPARED BY: Javier S Garcia AICP, Senior Planner APPROVED: TITLE: WEST NEWPORT AMENDMENTS, A 6480W. Coast Highway (PA2010 -190) B 6904 W. Coast Highway (PA2011 -014) C. 6908 -6936 W. Coast Highway(PA2010 -182) ABSTRACT: Amendments to the Zoning Map to change the zoning designations of two properties (The National Cat Protection Society, and The Frog House) from Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V): and one property (Kennard Property) from Two - Unit Residential (R -2) to General Commercial (CG) zoning district. The code amendments will be consistent with the General Plan and Coastal Land Use Plan amendments that were approved on May 10, 2011 Conduct second reading and adopt Ordinance No. 2011 -15 (Attachment No. CC1) approving Code Amendment Nos. CA2C10 -012, CA2011 -003, and CA2010 -013 to change the zoning districts. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 1 Second Reading, Ordinance No. 2011 -15 West Newport Amendments May 24, 2011 Page 2 DISCUSSION: Ordinance No. 2011 -15 (Attachment No. CC1) was considered and introduced at the May 1;;, 201' meeting and the staff report is attached 'Attachment No. CC2). If it is the Council's desire, it will be a- zropriate to adopt the ordinance at the May 24, 2011, Council meeting. The ordinance will become effective 30 days after date of adoption. ENVIRONMENTAL REVIEW: Staff recommends the City Council find t,-is project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) 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 NOTICING: The agenda "tem has been noticed according to the Brown Act 1172 hours in advance of the meeting at which the City Council considers the item). Submitted by: Dana Smith Assistant City Manager Attachments: CC ' Ordinance No. 2011 -015 with attached Exhibits approving Code Amendment Nos CA20 "0.012, CA201 " -003, and CA2010 -013 to change the zoning districts as specified. CC 2 City Co,mcii Staff Report May 10, 2011 2 ORDINANCE 24'99 -93 With attachments IFM 3 4 ORDINANCE NO. 2011 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NOS. CA2010 -013, CA2011 -003 AND CA2010 -012 TO REVISE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY FROM R -2 TO CG (COMMERCIAL GENERAL) (PA2010 -190); AND TO CHANGE 6904, AND 6908 THROUGH 6936 WEST COAST HIGHWAY FROM R -2 TO MU -V (MIXED -USE VERTICAL)(PA2011 -014 AND PA2010 -182) WHEREAS, an application was filed by B. Jeffrey and Lorraine Kennard, property owners, with respect to property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -013 to change the Zoning designation from R -2 (Two -Unit Residential) to CG (Commercial General) Zoning District; and WHEREAS, an application was filed by Paul K. Watkins, on behalf of The National Cat Society, property owner, with respect to property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, requesting approval of a Code Amendment CA2011 -003 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District; and WHEREAS, an application was filed by T.K. Brimer, property owner, with respect to property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -012 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District. WHEREAS, on April 7, 2011, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the April 7, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes) a recommendation to the City Council to approve the proposed Code Amendments; and WHEREAS, the subject properties are located within the Two -Unit Residential (R- 2) Zoning District, the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the subject properties are located within the coastal zone and are currently subject to the provisions of the Categorical Exclusion Order (CEO), however, accompanying applications considered by the Planning Commission will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan to change the land use designation from Two -Unit Residential (RT -E) to the CG 0.5 (General Commercial) or MU -V (Mixed -Use Vertical) land use designations. 5 ORDINANCE NO. 2011 -15 Page 2 WHEREAS, this project is exempt from the California Environmental Quality Act (CEQA") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) 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. Therefore, this activity is not subject to CEQA. WHEREAS, The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendments to change the zoning of the subject properties from Two -Unit Residential (R -2) to Mixed -Use (MU -V) or Commercial General (CG) designations. WHEREAS, The existing buildings and uses, and future development of those properties affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. WHEREAS, The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In additicn, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A" and as described below, with all other provisions of the existing Zoning Map remaining unchanged, for the following properties. N ORDINANCE NO. 2011 -15 Page 3 Property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, (Code Amendment CA2010 -013) changing the Zoning Designation from R-2 (Two -Unit Residential) to CG (Commercial General); and Property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, (Code Amendment CA2011 -003) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical); and 3. Property located at 6908 through 6936 West Coast Highway, and legally described as Lets 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, (Code Amendment CA2010 -012) changing the Zoning Designation from R- 2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical). SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: This action shall become final and effective thirty days after the adoption of this Ordinance. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, and adopted on the 24th day of May, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORWSV ' 1> ORDINANCE NO. 2011-15 Pace 4 N ORDINANCE NO. 2011 -15 Page 5 ORDINANCE ATTACHMENT Exhibit A- 6480 W. Coast Highway CA2010 -013 (PA2010 -190) 8904 W. Coast Highway CA2011 -003 (PA2011 -014) 6908 -6936 W Coast Highway CA2010 -012 (PA2010 -182) I* _'' lk I 10 A "Ilk IN Lu W2 j 2E9 CA2010-013 (PA2010-190) Zoning Code Amendment 6480 West Coast Highway CA2010-O',3.rnxd Marchi2011 12 7-1 YIN 1 7, Vlt I ryi j CA2011-003 (PA2011-014) Zoning Code Amendment 6904 West Coast Highway r-A.2011-003.nixd March/2011 14 f �� ; � k�, P �4, InU• ��1 l ��li I F9„ 1 ® u• g I t\ ,w i �� r�l ��',.1 l•�7'' �e _ A- YYi�C \ 7 � „ � °�. I � ti s„ .. f `iK o� " °>e CA2010 -012 (PA2010 -182) Zoning Code Amendment 6908 -6936 West Coast Highway CA201C -0i2,rad GGerch12011 W° "' DRAFT RESOLUTION With attachments Exhibit A- 6480 W. Coast Highway GP2010 -013 and LC2010 -003 Exhibit B- 6904 W. Coast Highway GP2011 -002 and LC2011 -001 Exhibit C- 6908 -6936 W Coast Highway GP2010 -002 and LC2010 -002 ATTACHMENT No. CC 1 11 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN AND COASTAL LAND USE PLAN TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED - USE VERTICAL (MU -V) FOR PROPERTIES LOCATED AT 6904, and 6908 -6936 WEST COAST HIGHWAY (PA2010 -182, AND PA2011 -014); AND FROM TWO -UNIT RESIDENTIAL TO GENERAL COMMERCIAL (CG 0.5) FOR THE PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY (PA2010 -190), ALL LOCATED WITHIN LAND USE STATISTICAL AREA B1 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 "). 2. 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. 3. On February 5, 2009, the Coastal Commission certified Coastal Land Use Plan Amendment No. LC2007 -001 with suggested modifications as consistent with Chapter 3 of the Coastal Act (NPB_MAJ_1 -07). 4. On July 14, 2009, the City Council adopted Resolution No. 2010 -053 accepting all Coastal Commission suggested modifications and re- adopting Coastal Land Use Plan Amendment No. LC2007 -001 to incorporate all of the suggested modifications within the Coastal Land Use Plan. 5. On July 14, 2009, the City Council adopted Resolution No. 2010 -054 initiating a General Plan Amendment to make the Land Use Element of the General Plan consistent with Coastal Land Use Plan Amendment No. LC2007 -001. 6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on January 21, 2011. 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 response period ended on April 21, 2011, and only a single response was received, but no requests for consultation were received. 13 City Council Resolution No. Page 2 of 4 7. A public hearing was held on April 7, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing, the Planning Commission voted unanimously (7 ayes, 0 noes) to adopt Planning Commission Resolution No. 1839 recommending City Council adoption of the recommended General Plan Amendments, Coastal Land Use Plan Amendments, and amendments to the Zoning Code. 8. A public hearing was held on May 10, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) 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. Therefore, this activity is not subject to CEQA. 2. The City's action to amend the General Plan, the Coastal Land Use Plan and the Zoning Code as requested by the property owners is exempt from the California Environmental Quality Act pursuant to California Code of Regulations §15265. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or WJ' City Council Resolution No. Page 3 of 4 proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. SECTION 3. FINDINGS. The proposed amendments of the Land Use Element of the General Plan, the Coastal Land Use Plan and the Zoning Code are necessary to implement the request of the property owner's of the three properties involved in the application to change the designations. 2. The General Plan Amendments No. GP2010 -012, 013 and GP2011 -002, when added to previous General Plan Amendments within the last 10 years, result in the following increases in residential units, peak hour A.M. and P.M. trips, and /or non - residential floor area within Land Use Statistical Area B1: Table 1: Charter Section 423 Analysis Summary, Statistical Area BI Allowed Floor A.M. Peak Hour P.M. Peak Hour Increase in Area Trips Trips Allowed Dwelling Units Proposed 4,708 sq. ft. 13.46 17.99 -2 GP2010 -002 Proposed 2,068 sq. R 5.32 7.19 -2 GP2010 -013 Proposed 6,711 sq. ft. 21.80 28.86 3 GP2011 -002 SUBTOTAL 13,487.5 sq. ft. 40.58 54.04 -1 (CG, and MUN with residential units) Prior Amendment 2,550 sq. ft.(80 %) 5.89(80%) 8.04 (80 %) 0 GP2010 -001 TOTAL 16,037.5 sq. ft. 46.47 62.08 -1 A.M. peak hour trip rate is 3 per 1,000 sq. ft P.M. peak hour trip rate is 4 per 1,000 sq. ft. Pursuant to the requirements of Charter Section 423 (Measure S) and Council Policy A -18 (Measure S Guidelines), General Plan Amendment Nos. GP2010 -012, 013 and GP2011 -002 are classified as a "Minor Amendment' and no vote of the electorate is required. 3. The existing buildings and uses, and future development of those properties affected by the proposed amendments will be consistent with the goals and policies of the Land 15 City Council Resolution No. Page 4 of 4 Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves General Plan Amendments and Coastal Land Use Plan Amendments as indicated below and as shown in attached Exhibits A, B and C. Exhibit: Project File Nos.: Locations: Activity Nos.: A PA2010 -190 6480 West Coast Hwy GP2010 -013 and LC2010 -003 B PA2011 -014 6904 West Coast Hwy GP2011 -002 and LC2011 -001 C PA2010 -182 6908 -6936 West Coast Hwy GP2010 -002 and LC2010 -002 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the May 10, 2011, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 10 CITY COUNCIL RESOLUTION Exhibit A- 6480 W. Coast Highway GP2010 -013 and LC2010 -003 (PA2010 -190) 17 12 ARV) 500 :::i Feet seJOn GP2010 -013 (PA2010 -190) General Plan Amendment 6480 West Coast Highway NE ,rr GP2010- 013.mxd March/2011 Z il 20 v NsFr A 2P O y A PSR CANAL y m pip 1 1? t O� °? 5 PJ CEDAR STREET 4 � 9 p= 4� [y NF�o pe' SST 20� RrN O =s yt Pp5 OpP HF.S O v0 2J4 °�O p �P N Existing O pv, Two Residential C vU �p PS °AF T s,'Q 'fie p Re � sr4s Proposed Land Use: Commercial ReeT'kR Os ° 9y Pp p4. o �ss 0p A yAp 6� C ti 5 o� oy QP ti 6 tip 2� e 45 stgs HOR F C 5 0 250 500 Feet LC2010 -003 (PA2010 -190) e Coastal Land Use Plan Amendment 6480 West Coast Highway LC2010- 003mxd March /2011 ^-r 22 CITY COUNCIL RESOLUTION Exhibit B- 6904 W. Coast Highway GP2011 -002 and LC2011 -001 (PA2011 -014) 23 24 i --`�� OS(RV) � Py / s� — l y 2° P � � US _ 2 4 O Say CANALST • @ • e SP °O9ST [F� pQP SPp y y1 2 OQO S �p 23. 2 F9y.Rp p0 vU0 RF O OR h 5 4 ?2 SU Sa F(4 °yP ?S y Rr c RFS a'i P pR pOF h UO2 9A.F Uy,O J RpryT PS C 1 apt Cpa P2 O SYy OP U lyY� py yt �y ?P SyOR F JGO OR ppy¢5 Q 0 250 500 y °` Feet GP2011 -002 (PA2011 -014) e General Plan Amendment 6904 West Coast Highway GP2011- 002.mxd March /2011 M OSAp� m ��Q�II�u�ulluWulDlul Ilp .� III pIIIIIIIVIVIIVII /I / IIIIIIIIII�I IVW I I GG�ST s`NSF �� SpRF 9A O _ 2 9A H/G - 0 A - • 2 pP �A 20 AP U 9 P2 205 Oq U0 vrP � IFS "F�x T qty pRJ S 2P yA � P� rypRfs vVO ,A � O 2 A R sT �P2 �e A 5 2 RT Ole t �A v yA y.F9sH CO v� yAr SRpRFS yA�� G x 9 Ao2 Hry oR 0 9Y < 0 Pp y G 2P FST GO J N �� 2s 0 250 500 Feet LC2011 -001 (PA2011 -014) e Coastal Land Use Plan Amendment 6904 West Coast Highway N,,. LC2011- 001.mxd March/2011 22 CITY COUNCIL RESOLUTION Exhibit C- 6908 -6936 W Coast Highway GP2010 -002 and LC2010 -002 (PA2010 -182) 29 30 OS(RV) Two Unit Residential (RT) Proposed Land Use: oysFro \ R Oq io O y1 O 'aN,i.ROy Up t 0 00 5 P 9FThh'Y ev~ CANALST O� 4 O O o P sFgs y1 u e ho s so RFO cee ya R 2GF it O OpP O`er JO S~ pP V Vie= N A e y ogrsy 1 x� ="p oRFSo P ti yF RANT h- � 0 09 11611, p2 2J r2 _ O y1 OS 00 �Y 4 sF P 5 RsyoR ono F oe °R �G h ' zS 0 250 500 �P Feet o� GP2010 -002 (PA2010 -182) e General Plan Amendment 6908 -6936 West Coast Highway GP2010- 002.mxd March/2011 N ST S2 00119r \�sH, 51 250 LC2010 -002. mxd Marchl2011 OS y'G qY 500 = Feet `GFST 5� -0, CANAL �4 m� �FAa 0 v� ar s oe� hosFs oa 001151T LC2010 -002 (PA2010 -182) Coastal Land Use Plan Amendment 6908 -6936 West Coast Highway y�Gh �2 � '9Y �F sr � N F> N y"� S4 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 9:24 PM To: Burns, Marlene Subject: Fw: froghouse - - - -- Forwarded Message---- - From: nova bleckley Sent: Mar 30, 2011 7:49 PM To: "cwunsworth(a )road runner.com" , "strataland(a )earthlink.net" , "eaton7270 earthlink.net" , "rhawkinsCabearthlink.net" , "bhillgren(a)highrhodes.com" , "ameri(Q)_rbf.com" Subject: froghouse I have worked at the Froghouse and let me say that it was the most memorable part of growing up in Newport Beach. I have lived in Newport Shores for 20 years and it would not be the same without that business. 157 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 7:38 PM To: Burns, Marlene Subject: Fw: FrogHouse - - - -- Forwarded Message---- - From: zundholzer(a )aol.com Sent: Mar 30, 2011 4:54 PM To: emcdaniel(a),sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: FrogHouse Please save the Frog House, it is considered at least in my family a landmark that needs not be disturbed. Please understand that I also value the upgrade of Newport Beach for the future, but please instead consider a facelift for the building. i would hate not to share this part of my wife and I youthful history with our children. Thank you for your consideration in the matter sincerely Thomas and Tracey McGee 1158 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 7:38 PM To: Burns, Marlene Subject: Fw: My reason for traveling to NEwport Beach - - - -- Forwarded Message ----- >From: Daniel <danielgbenson @gmail.com> >Sent: Mar 30, 2011 3:32 PM >To: emcdaniel @sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: My reason for traveling to NEwport Beach >It is alarming that an institution that should be marked for inclusion as a historical site is being so severely threatened. I make regular pilgrimage to The Frog House from northern California. I have been doing this for decades, as do many others. But really... Newport Beach without The Frog House? Why bother. >I am very distressed to discover that The Frog House is still struggling to win this fight to exist. I first shopped at The Frog House in the early 70's, and though I do not live in the area now, I still make regular visits to The Frog House when I have a need for supplies. To tell you the truth, it is one of the last reasons I have to visit Newport Beach - or Orange County, for that matter. But I do because The Frog House is such a huge part of my personal history. Of course, there are many more like me. Please do not let this beacon of what so much of Newport Beach stands for be taken away. If the city must get involved, why not figure a way to cash -in on its iconic success. Newport Beach without The Frog House? Preposterous. > Daniel Benson 2s9 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 7:38 PM To: Burns, Marlene Subject: Fw: Please save The Frog House - - - -- Forwarded Message---- - From: Amanda McCann Sent: Mar 30, 2011 2:22 PM To: Subject: Please save The Frog House Hello, I am writing to request you take into consideration the importance of The Frog House on the community. I have lived in Newport for the past 22 of my 29 years of life and cannot remember a time without it. It truly is a landmark and has positively represented our city for many years, and I would be so very sad to see this wonderful local business go. Please allow the zoning change and let The Frog House live on for future generations to enjoy as much as I have. Thank you so much for your time and consideration. Warmest Regards, Amanda McCann Newport Beach resident 100 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 7:37 PM To: Burns, Marlene Subject: Fw: The Frog House - - - -- Forwarded Message---- - From: Arne Beckman Sent: Mar 30, 2011 2:12 PM To: cwunsworth(c roadrunner.com, strataland(a )earthIink.net, eaton7270)earthlink.net, rhawkins(aDearthlink.net, bhillgren(a)highrhodes.com, amerie_rbf.com, emcdaniel(d)_sunwestbank.com Subject: The Frog House Dear City of Newport Beach, As a former resident of Newport and Costa Mesa I would ask that the Frog House surf shop be allowed to stay and flourish. Many of us who grew up in the area got our first surfboards from there. Even after moving to Dana Point I would still drive to the Frog House for my boards and other supplies. Even my grandparents (the late Dr Arnold O and Mabel Beckman) would shop for my brother and I there! Please approve the zoning request and amendment to allow the greatest surf shop on the west coast to continue on. Sincerely, Arnold W Beckman 1358 Terrace Dr Bullhead City, AZ 86442 Phone: 928 -444 -8106 101 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 7:37 PM To: Burns, Marlene Subject: Fw: Please save the Frog House! - - - -- Forwarded Message---- - From: Sarah Kincaid Sent: Mar 30, 2011 1:35 PM To: Earl McDaniel , Charles Unsworth , Micheal Toerge , Barry Eaton , Robert Hawkins , Bradly Hillgren , Fred Ameri Subject: Please save the Frog House! Dear Commissioner, I know you have difficult decisions to make. I respectfully ask that you decide to save the Frog House. I grew up nearby, and still visit Newport often. The Frog House is a big draw to the area. Please save this wonderful place. Sincerely, Sarah Kincaid Sarah Kincaid Administrator A+ Environmental Solutions, LLC Web: w .envir- solutions.com Email: Sarahralenvir- solutions.com 6898 Soquel Avenue. Santa Cruz, CA 95062 Phone: 831- 476 -9200 Fax: 831- 475 -5322 1('02 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 2:07 PM To: Burns, Marlene Subject: FW: Frog House From: Rudy Huebner rmailto:rudy@rudyland.netl Sent: Wednesday, March 30, 20111:54 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727 @earthlink.net; rhawkins0earth link. net; bhillaren(o)hiahrhodes.com; ameri&bf.com Subject: Frog House Hello, I am writing you in regards to the current situation concerning the Frog House. My name is Rudy; I live in Hawaii, but grew up in Huntington Beach. The Frog House, and especially TK and his crew, are truly unique in that they have created a haven of authenticity and camaraderie that is unlike anything I have found anywhere else. The Frog House has such a colorful history and is home to several generations of surfers; to lose this would be tragic. In my personal experience, when I began my journey as a surfer, TK sold me my first board and wetsuit. I soon found myself at the Frog House regularly, surfing out front with TK, Mikey and the boys, and talking story in the shop afterwards. The Frog House is more than just a surf shop; it's a gathering place where all are made welcome, from seasoned pros to humble beginners. Myself, and countless others, are so loyal to the Frog House that we simply won't shop anywhere else. Allowing the Frog House to continue its operations is a great asset to the community, not only for locals, but for all the summer tourists who surf their first waves on Frog House rental boards. To deprive the community of all the Frog House has to offer would be a devastating loss; it's one of the last true, core surf shops around that hasn't been homogenized. The Frog House is a very special place, run by surfers, for surfers. From an outsiders perspective, our culture may seem hard to understand, but that doesn't make it any less sacred. Because of this, the Frog House can't be treated as just another standard retail location; it plays a critical role in local surf history and culture, and should be preserved for future generations. City of Newport, please let the Frog House stay. Aloha, R Rudy Huebner Graphic Design + Web Development + Photography 949/751 -8799 http: / /rudyland.net l o3 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:05 PM To: Burns, Marlene Subject: FW: Save the Froghouse From: Matt Kelley Finailto :mkelley @trusteecorps.coml Sent: Wednesday, March 30, 2011 10:15 AM To: cwunsworth @roadrunner.com; strata land @earthlink.net; eaton727 @earthlink.net; rhawkins (dearthlink.net; bhillgren(a)hiohrhodes.com; ameri(d)rbf.com Subject: Save the Froghouse I support the Froghouse's request for a zoning change and an amendment to the General plan to allow the Froghouse to continue to do business and serve the city of Newport Beach as it has for many years. I am a resident of Newport Beach, And enjoy regularly shopping at their business and the events that they host, in addition to the proud culture that they promote. The Froghouse is an integral part of the culture and atmosphere which draws myself, as well as my friends and family, over and over again. Please approve this minor zoning request and amendment to allow a Newport Beach mainstay to continue to serve the city's residents and visitors. Thank you for your time and consideration. I'll be in attendance at their hearing and look forward to seeing a positive outcome to this formality. Matthew Kelley Trustee Corps 17100 Gillette Avenue Irvine, CA 92614 Office: 949.252.8300 ext -155 Fax: 949.252.8330 Cell: 949.310.9736 Offices in California Nevada Arizona Trustee Corps (Freddie Mac and Fannie Mae Processing Office) 2112 Business Center Drive 2nd Floor — Suite 201 Irvine, CA 92612 Fannie Mae Retained Counsel in CA, NV & AZ Freddie Mac Designated Counsel in CA, NV & AZ Default services in CA, NV, AK, AZ, ID, MT, OR, HI, TX & WA 1-04 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:05 PM To: Burns, Marlene Subject: FW: The Frog House Attachments: Clear Day Bkgrd.JPG From: Joan Burton rmailto :iburtonCalmocnetwork.coml Sent: Wednesday, March 30, 2011 10:32 AM To: emcdanielCalsunwestbank.com; cwunsworth @roadrunner.com; strata land @earth link. net; eaton727Co1earthlink.net,, rhawkinsCaearthlink.net; bhillgren@highrhodes.com; ameri(arbf.com Subject: The Frog House Please do not close The Frog House! It's an institution in Newport Boach and very important resource for the surfers in Orange county. I don't even surf but I grew up with all the local surfers and this is a part of surfing history. Please rethink this. Thank you. Joan Burton Account Manager MPC Boaters Directory 1- 800- 76YACHT ext 346 1- 949 - 873 -1002 ext 346 105 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:05 PM To: Burns, Marlene Subject: FW: DONT CLOSE THE FROG HOUSE!!!!!!!!!!!!!!!! From: 13 rmailto:hewitt78 @yahoo.coml Sent: Wednesday, March 30, 2011 11:03 AM To: rhawkins @earthlink. net Subject: DONT CLOSE THE FROG HOUSE!!!!!!!!!!!!!!!! I am a community leader and I would like to show my support for the place that is more than a business, but a community pillar. I was a young boy when the frog house staff really helped me to get into surfing with the right equipment and support of a life long hobby. Thanks for your consideration, Jeremiah "JJ" Hewitt C.W.A. Local 9510 Acting Vice President for Verizon Unit Sons of the American Legion Post 291 V.C.H.O.A. President and Board Member M.B.A. Technology Management B.S. Information Technology D 1 Error! Filename not specified.Error! Filename not specified. 0 ❑x This e-mail message may contain privileged and/or confidential information, and is intended to be received only by persons entitled to receive such information. If you have received this e -mail in error, please notify the 100 sender immediately. Please delete it and all attachments from any servers, hard drives or any other media. Other use of this e -mail by you is strictly prohibited. 1O7 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:05 PM To: Burns, Marlene Subject: FW: Don't Let the City Shut the Froghouse Down - - - -- Original Message - - -- From: Cecelia_Ward @Toyota.com [ mailto:Cecelia_Ward @Toyota.com] Sent: Wednesday, March 30, 2011 11:11 AM Subject: Don't Let the City Shut the Froghouse Down This petition is to let the Newport Beach, Froghouse stay on PCH ..... Please, Cecelia Ward Huntington Beach is Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:04 PM To: Burns, Marlene Subject: FW: Let the Frog House Stay From: Fullerbovsmom @aol.com rmailto:Fullerboysmom @aol.coml Sent: Wednesday, March 30, 201112:38 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins @earth link. net; bhillgren @hiohrhodes.com; ameri @rbf.com Subject: Let the Frog House Stay Please make a zoning change and a General Plan Amendment to allow Frog House to stay! It is a Newport Icon that everyone would hate to see go! log Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 1:03 PM To: Burns, Marlene Subject: FW: From: Suzanne Smith rmailto:suannie @ sbcglobal.netl Sent: Wednesday, March 30, 201112:24 PM To: strata land@earthlink.net; cwunsworth@ road runner.com; eaton727@earth link. net; rhawkins@earthlink.net; bhillgrenCabhiahrhodes.com; ameriCcbrbf.com; emcdaniel(&sunwestbank.com Subject: Dear Newport Beach Commissioners, Please, please approve the Frog House request for a zoning change and general plan amendment. It is an iconic Newport Beach shop. Furthermore, they are the BEST neighbors! How do I know? For six - and -a -half years my husband and I (and then 3 of our 5 children) lived in the little red house adjacent to the Frog House. Even with the parking lot, the customers coming and going, etc. The employees and customers of the Frog House were always better neighbors than the vast majority of the neighbors we had across the street and next door. TK took great care in making sure that trash was picked up in his parking lot, and the area immediately around his building kept clean and tidy. Again, better than many of the neighbors that seemed to circulate in and out of that neighborhood. Also, while living there, there were several occasions when cars careened out of control on PCH and ended up nearly in our living room. Had that house been situated any closer to PCH, I'm sure we would have had more than one unwelcome late night visitor (along with a great deal of damage to our psyches and the physical structure of the house). I can't imagine converting that parking lot into a residence after having lived through those few "close shaves ". Please approve the zoning change and general plan amendment. Thank you for your time and service. Sincerely, Suzanne Smith 170 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:19 AM To: Burns, Marlene Subject: Fw: Save the Froghouse. - - - -- Forwarded Message---- - From: Debbie Maxwell Sent: Mar 30, 2011 9:14 AM To: rhawkins(a)earthlink.com Subject: Save the Froghouse I support the Froghouse's request for a zoning change and an amendment to the General plan to allow the Froghouse to continue to do business and serve ...the city of Newport Beach as it has for many many years. While I am a resident of Huntington Beach, I visit Newport Beach quite often and visit the Peninsula /Northwest section of Newport Beach, where Froghouse conducts business, The Froghouse is an integral part of the culture and atmosphere which draws myself, as well as my friends and family, over and over again. The owner TK Brimer is a man of integrity. He is generous to a fault. He has done may things to make our community a better place to live. TK and all the employees of the Froghouse are always helpful, friendly and cheerful when you go into their store. Froghouse is and icon in the surf community and in Newport Beachs history. Please approve this minor zoning request and amendment to allow a Newport Beach mainstay to continue to serve the city's residents and visitors. Debbie Maxwell 9652 Sailfish Drive Huntington Beach, CA 92646 714 - 336 -8507r 1-71 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:19 AM To: Burns, Marlene Subject: Fw: Save the Froghouse - - - -- Forwarded Message---- - From: Matt Kelley Sent: Mar 30, 2011 9:15 AM To: "cwunsworth(a )road runner.com" , "strataland(a )earthlink.net" , "eaton7270 earthlink.net" , "rhawkinsCc earthlink.net" , "bhillgrenC@highrhodes.com" , "ameri(a)rbf.com" Subject: Save the Froghouse z72 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:07 AM To: Burns, Marlene Subject: Fw: LET THE FROG HOUSE STAY - - - -- Forwarded Message---- - From: Capt Steve Sent: Mar 30, 2011 2:48 AM To: emcdaniel(a')sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlin k. net, eaton727(a)earth link. net, rhawkins(a )earthlink.net, bhillgren(a)highrhodes.com, ameri(@,rbf.com Cc: tkfrog(aaol.com Subject: LET THE FROG HOUSE STAY City of Newport Beach Let the FROG HOUSE Stay!!! Surfing is an intricate component to the City of Newport Beach. It's what skiing is to the city of Mammoth. Surfing is part of Newport's heart & soul. The art of riding waves is more than a simple recreational activity; it's a healthy way of life. Surfing also provides the city with millions of dollars of revenue. The Frog House has been around since the early years of surfing in Southern California, and longer than almost any surf shop in the country !!! The Frog House is more than a landmark to the City of Newport Beach, it's an inspiration to "keep the stoke," and enjoy life. Generations of surfers (young & old) have bought their very first surfboard there, and I am proud to say I am one of these surfers. When people drive past the Frog House on PCH, they forget about their troubles and daily stress; they remember good times and fond memories. The Frog House is more than a surf shop. It's a spiritual place where families and friends return to year after year to soak up the history of surfing. For several decades, TK Brimer and his colorful cast of employees have encouraged kids to `stay off drugs' and just go surfing. If it weren't for TK, I would not 1�3 be the person I am today. He inspired me to travel the world and be a good ambassador towards protecting our oceans. Depriving future generations from one of the world's last remaining "Real Surf Shops" would be a crime and just plain bad business for the city. Let the Frog House stay. Do not cut out the heart of Newport Beach ! ! ! Sincere Regards, Captain Steve Voris captainalohaA live.com 174 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:07 AM To: Burns, Marlene Subject: Fw: Fog House Zoning issues - - - -- Forwarded Message---- - From: Steve Short Sent: Mar 30, 2011 12:06 AM To: cwunsworth(c roadrunner.com, strataland(a )earthIink.net, eaton727(a )earthlink.net, rhawkins(gDearthlink.net, bhilIgren(aDhighrhodes.com, amerie_rbf.com, emcdaniel(a)sunwestbank.com Subject: Fog House Zoning issues Hello Newport Planning Commissioners, I would sure appreciate you giving the Frog House a break on the zoning issues that are being discussed in April. I have been a long time customer of the Frog House and they have always treated me well ... and now my son shops there too. We would hate to see them closed down or relocated due to the zoning laws so request that you find some way to give them a break. Thanks, Steve Short ij 5 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:07 AM To: Burns, Marlene Subject: Fw: The Frog House - - - -- Forwarded Message---- - From: David Ayers Sent: Mar 30, 2011 8:51 AM To: rhawkins(a earthlink.net, bhillaren(a )hiohrhodes.com, ameri (0)rbf.com Subject: The Frog House Dear Sir, I am writing to ask you to please do the right thing with the legendary Frog House. Anyone that ever lived or surfed in Newport Beach has certainly heard of or come across this landmark and icon of surfing. I am sure you are hearing a lot of people pleading for your help and giving plenty of reasons why and probably telling you a number of stories. I just simply want to ask you to help save the Frog House and keep the historic charm of Newport Beach alive. I understand it has to do with residential zoning laws but sometimes laws don't make sense and certainly some common sense should be applied to this situation. Thank you for your time, David Ayers 170 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:06 AM To: Burns, Marlene Subject: Fw: Please consider letting Froghouse Stay - - - -- Forwarded Message---- - From: Mary DeScenza Sent: Mar 29, 2011 10:37 PM To: cwunsworth(a )roadrunner.com, emcdaniel(a.sunwestbank.com, strataland(a.earth link. net , eaton727(a)earth link. net, rhawkins(a)earthlink.net, bhillgrenCcDhighrhodes.com, ameri(@rbf.com Subject: Please consider letting Froghouse Stay 1 support the Froghouse's request for a zoning change and an amendment to the General plan to allow the Froghouse to continue to do business and serve the city of Newport Beach as it has for many many years. While I am a resident of Okinawa, Japan, I always try visit Newport beach whenever I can back to the states and visit the Peninsula/Northwest section of Newport Beach, where Froghouse conducts business. The Froghouse is an integral part of the culture and atmosphere which draws myself, as well as my friends and family, over and over again. Please approve this minor zoning request and amendment to allow a Newport Beach mainstay to continue to serve the city's residents and visitors. Thanks, Mary Mohler PS. Even on the other side of the world, 1 still see Froghouse's presence, I have seen multiple bumper stickers here, so the appeal of this surf shop isn't just for the local crowd, but also maintains a fan base all over the world 177 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:06 AM To: Burns, Marlene Subject: Fw: Save the Frog House - - - -- Forwarded Message---- - From: Mike Stebinger Sent: Mar 29, 2011 10:12 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v)earth link. net, rhawkins(cDearthlink.net, bhillgren(a highrhodes.com, ameri(@rbf.com Subject: Save the Frog House Save the Frog House! This is a icon and i hope to be able to have my 1 year old son his first wet suite there like so many of us have over the years. Mike mi ke(a)long boardsicecream. com 714 -594 -5051 172 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:06 AM To: Burns, Marlene Subject: Fw: Let the frog house stay - - - -- Forwarded Message---- - From: Brandon Hoshiko Sent: Mar 29, 2011 9:45 PM To: rhawkins @earthlink.net Subject: Let the frog house stay Dear Hon. Eaton: Please allow the Frog House to stay. It is an iconic landmark of Newport Beach & the surfining community at large. We need the Frog House. Brandon Hoshiko I sent this message from a mobile device. I beg your pardon if I appear curt or have overlooked typos. 1�" Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:05 AM To: Burns, Marlene Subject: Fw: Frog house - - - -- Forwarded Message---- - From: Courtney Fletcher Sent: Mar 29, 2011 9:30 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(a)earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, ameri(@,rbf.com Subject: Frog house Dear members of the Newport planning commission, Please keep the frog house where it is. It's an amazing place that brings the community together and is treasured by all those who have had the opportunity to take a visit. Thank you for your time, I hope you will consider how much this place means to us when making your decision. Courtney Fletcher 10 120 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:05 AM To: Burns, Marlene Subject: Fw: Kindly Consider the The Frog House - - - -- Forwarded Message ----- >From: Dandy O'Shea <aliciamarble @mac.com> >Sent: Mar 29, 2011 9:28 PM >To: emcdaniel@sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earth link. net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Kindly Consider the The Frog House >Dearest Commissioners, > Please take careful and kind consideration while reviewing all matters regarding our local treasure, The Frog House. It is part of the landscape of West Newport, a welcome sign to visitors and home to locals. For years, it is a trusted resource where the always terrific TK and his great staff have provided us the wonderful tools to enjoy what is really makes our town so special - the ocean. Please consider that this shop is well loved and patronized. The Frog House is well maintained, managed and provides a valued service. There is something else about Newport that makes it special, there is no other place in the world like it. The Frog House is unique, The Frog House is Newport! I appreciate any time spent to take careful and loving consideration for a place that is sewn into the fabric of Newport, changing it will be pulling at the fabric of our wonderful local vibe. Please feel free to contact me should you like to discuss this The Frog House and the connection it has to our city. >Kind regards, > Dandy O'Shea >2 Spanish Bay Drive > Newport Beach, CA 92660 >949- 644 -9990 11 2 �1 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:05 AM To: Burns, Marlene Subject: Fw: Please Save the Frog House - - - -- Forwarded Message---- - From: Sean Frink Sent: Mar 29, 2011 9:07 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(aroadrunner.com, strataland(a).earthlin k. net, eaton727(@earth link. net, rhawkins(c earthlink.net, bhiIIgren(a)highrhodes.com, ameri(@,rbf.com Subject: Please Save the Frog House Gentlemen: As someone who was born Hoag Hospital in 1964, attended Mariners Elementary, Horace Ensign Junior High School, and NHHS, whose family still lives there, and who spent virtually every waking moment during the summer and school breaks down in Newport Shores, I think that I know it when I say that the Frog House is a Newport Beach institution deserving of exceptional consideration by your commission. Seriously, what remains of the old Newport from the 60's and early 70's, the "Big Wednesday" era golden age of surf companies? Gone is Russell Surfboards. Gone is the old Newport Surf and Sport. What old school surf companies remain? Please save the Frog House. It is truly a deserving of our respect and, in this case, some exceptional treatment by you. Regards, Sean Frink Sean Frink Partner I Carlsmith Ball LLP P.O. BOX 5241 SAIPAN, MP 96950 (USA) CARLSMITH BUILDING, ISA DRIVE; CAPITOL HILL, SAIPAN, MP 96950 (USA) DIRECT: (670) 322 -3455 FAX: (670) 322 -3368 WEB: w .carlsmith.com EMAIL: sfrinkecarlsmith.com Uniquely Positioned to Represent Clients throughout the Pacific Honolulu - Hilo - Kona - Maui - Guam - Saipan - Los Angeles IMPORTANT /CONFIDENTIAL: This message may contain confidential and privileged information. If it has been sent to you in error, please reply to inform the sender of the error and then delete this message. 12 122 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:05 AM To: Burns, Marlene Subject: Fw: save the froghouse - - - -- Forwarded Message ----- >From: Steve Byrne <stevebyrnemarketing @gmail.com> >Sent: Mar 30, 2011 7:25 AM >To: strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: save the froghouse >I'm a newport beach citizen. Kindly do what is needed to prevent the >froghouse from moving. >Thankyou >The Newport planning commission is he ... aring the frog house request >for zoning change and the general plan amendment on April 7 at 6:30pm. >I ask you to forward this message to all members of save the frog >house asking anyone who would take the time to email a favorable >request to any one or all 7 of the commissioners that will be voting >on our fate. Here is a list of their names and emails. Thank you for >your help . > Steve Byrne >714.348.4363 Mobile 13 183 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:04 AM To: Burns, Marlene Subject: Fw: Please save the Froghouse - - - -- Forwarded Message---- - From: CRAIG MOSS Sent: Mar 30, 2011 7:22 AM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton727(a )earthlink.net, rhawki ns(o),earthlin k. net, bhillgren(aDhighrhodes.com, amerie_rbf.com Subject: Please save the Froghouse I'm writing you to express my support for allowing the Froghouse to remain at their current property. They are an integral part of West Newport and should be allowed to continue providing service to both residents and visitors of Newport Beach. Over 12,000 people have put `like" on the Facebook page, expressing support as well. I hope that you would please take that into account when making your decision at it has been a symbol of Newport Beach and the community. Thank you for your time and consideration Sincerely, Craig Moss 14 124 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:04 AM To: Burns, Marlene Subject: Fw: SAVE THE FROG HOUSE - - - -- Forwarded Message---- - From: SurfbumNate Sent: Mar 30, 2011 7:12 AM To: emcdaniel(a)..sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a )earthlink.net, bhiligren(a)highrhodes.com, ameri(@,rbf.com Subject: SAVE THE FROG HOUSE Please save the Frog House. Don't allow a ridiculous technicality to take away one of the last historic landmark surf shops along the SoCal coast. I love the Frog House, I've been going there since the early 80's, I bought my wife her first long board there, and we both wish the Frog House to remain where it is forever. Thanks so much. Nathan Kapel is 125 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:04 AM To: Burns, Marlene Subject: Fw: Frog House -- Keep It Put Where It Is! - - - -- Forwarded Message ----- >From: Rod Rodgers <rodndtube @gmail.com> >Sent: Mar 30, 2011 6:44 AM >To: emcdaniel @sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Frog House -- Keep It Put Where It Is! >Honorable Newport Planning Commissioners, >I would sure appreciate you giving the Frog House a break on the zoning >issues that are being discussed in April. >The Frog House is a cultural and historical icon, provides a valuable >service and is a long -time established small business. >Please make whatever zoning changes are needed in a manner that ensures >the continued Frog House business where it is and in a manner that does >not penalize or put into jeopardy the continued success of this small >business. >Thanks, >Rod Rodgers _\m/ >http://rodndtube.com/ >hftp://mypaipoboards.org/ 16 120 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:03 AM To: Burns, Marlene Subject: Fw: Frog House - - - -- Forwarded Message---- - From: Sharon Brimer Sent: Mar 30, 2011 6:42 AM To: rhawkins(a.earth link. net Subject: Frog House Dear Mr. Hawkins, I am writing in support of the request for zoning change and the general plan amendment that would allow the Frog House to stay in business at its present location. Sharon D. Brimer Customer, Frog House C:949- 233 -0107 v 287 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:03 AM To: Burns, Marlene Subject: Fw: Save the Frog House - - - -- Forwarded Message---- - From: Mark Crane Sent: Mar 30, 2011 6:37 AM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a )earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Cc: 'JEFFREY S BRACEY' , Dane Brimer Subject: Save the Frog House is 122 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:02 AM To: Burns, Marlene Subject: Fw: Please allow the Froghouse to continue in the current location. Attachments: Mark Freeman.vcf - - - -- Forwarded Message---- - From: Mark Freeman Sent: Mar 30, 2011 6:02 AM To: cwunsworth).roadrunner.com, strata landna.earthI ink. net, eaton727(a)earthlink.net, rhawkins(?) earthlink.net, bhillgren()Dhighrhodes.com, ameri()Drbf.com Subject: Please allow the Froghouse to continue in the current location Dear Newport Planning Commission members, I'm writing you to express my support for allowing the Froghouse to remain at their current property. They are an integral part of West Newport and should be allowed to continue providing service to both residents and visitors of Newport Beach. 12,375 people out there put "like" on the Facebook page, expressing support as well. Please take that into account, as you make your decision. Thanks for your consideration! Regards, Mark Freeman 19 189 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:02 AM To: Burns, Marlene Subject: Fw: the frog house zoning - - - -- Forwarded Message---- - From: alan fogel Sent: Mar 30, 2011 5:44 AM To: rhawkinsia'�.earth link. net Subject: the frog house zoning Hi Mr Hawkins, I've been shopping at the Frog House for over 30 years and I would hate to see them close. Please find a way to let them stay at their present location. They are an important part of the Newport Beach surf culture and a huge asset to the community. Thank you, Alan Fogel 20 i9 D Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:02 AM To: Burns, Marlene Subject: Fw: Thank you for your consideration - - - -- Forwarded Message---- - From: Catherine Ballard Sent: Mar 30, 2011 8:48 AM To: rhawkins(a )earth link. net Subject: Thank you for your consideration I will keep this brief, as I'm sure you will receive many emails. By the time you meet on April 7th to consider the zoning changes for the Frog House on PCH, I hope that you understand how much this landmark business means to many of us in the community. I grew up in Buena Park and my husband in Norwalk, but we all knew the Frog House. My students here at USC know the Frog House. Even people who don't surf are familiar with this legendary store. It truly is a landmark, one that I have known all my life, and I love shopping there. The staff and the atmosphere really represent some of what I love so much about our beach community. I also hope that by April 7th you will have learned about what an amazing person the Frog House owner is. TK Brimer is one of the most amazing people I have had the privilege to come to know. He has a great heart for the community and it's youth. He spends much of his time and money promoting organizations and events that benefit the underprivileged youth throughout Orange County. I know that you carry the burden of making these decisions on behalf of, and in consideration of, the entire community and I appreciate the weight of your deliberations. Thank you for taking the time to read this and I hope that you will consider the change in zoning that will allow the Frog House to stay. I really can't imagine what it would be like to drive down PCH every day and not see the Frog House. Cathy Ballard Associate Director Department of Political Science USC Dana and David Dornsife College of Letters, Arts and Sciences 3518 Trousdale Parkway VKC 327, MC 0044 Los Angeles, CA 90089 Phone: 213/740 -6998 Fax: 213/740 -8893 Email: cballard (a)colleae.usc.edu "Never doubt that a small group of thoughtful, committed citizens can change the world; indeed its the only thing that ever has." Margaret Mead 21 191 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:02 AM To: Burns, Marlene Subject: Fw: Frog House Re- Zoning - - - -- Forwarded Message---- - From: Sales - The Boat Broker & RV Sent: Mar 30, 2011 8:06 AM To: emcdaniel(a).sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlin k. net, eaton727(a)earth link. net, rhawkins(o )earthlink.net, bhiligren(a)highrhodes.com, ameri(@,rbf.com Subject: Frog House Re- Zoning Please do not allow the Frog House to be zoned out of it's current location. We might be all the way out here in Lake Havasu City, AZ, but we frequently surf on the weekends and the Frog House is one of last remaining "Real" surf shops in that area, and we'd really, REALLY hate to see it go away, as we're sure the general populace would agree. Please make the right choice in your upcoming vote, for the people, and for the historic value of the Frog House itself. Thank you for your consideration. Your friendly "The Boat Brokers & RV" sales team. The Boat Brokers & RV "Your Havasu Connection!" 1680 Industrial Blvd Lake Havasu City, AZ 86403 m a i Ito: sa les(cilth eboatbroker. co m 800.488.0258 Toll Free 928.453.8833 Local 928.453.1930 Fax http://www.theboatbroker.com 22 ?92 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:02 AM To: Burns, Marlene Subject: Fw: No Subject - - - -- Forwarded Message---- - From: LarrvKnut(o.aol.com Sent: Mar 30, 2011 7:51 AM To: rhawkins(a.earth link. net Subject: No Subject I have lived in the area since 1969 and love the charm of old Newport Beach. I have frequented the Froghouse for years and now bring my granddaughter there. Please consider voting to keep them going. Larry Knutsen 23 1J° 3 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 10:01 AM To: Burns, Marlene Subject: Fw: Please save the Froghouse - - - -- Forwarded Message---- - From: LOUIS DULIEN Sent: Mar 30, 2011 4:13 AM To: emcdaniel(a.sunwestbank.com, eaton727(a),earthlink.net, cwunsworth(aDroadrunner.com, rhawkins(a)earth link. net, bhillgren(o)highrhodes.com, ameri(aDrbf.com Subject: Please save the Froghouse I grew up across the street from the Froghouse. I rode my bike to school on the boardwalk to Newport El. My brother and I had our first job at the Froghouse. We both went on to careers in the surf industry. I thank the Froghouse for introducing me to that industry. Please don't take away the chance for others to experience what I have through that shop. It's much more than a surf shop. It's a piece of Newport Beach history. Thank you for taking the time to read this. Lou Dulien 24 294 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:57 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message---- - From: Austin Morrell Sent: Mar 29, 2011 8:27 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: Froghouse Please let the Froghouse stay! : 9Jr Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:56 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message ----- >From: Scott Lastovica <slastovica @gmail.com> >Sent: Mar 29, 2011 7:26 PM >To: emcdaniel @sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Froghouse >Dear Sir, >I'm writing to do my part and vote to let the Froghouse stay at it's >current location in Newport. This is a landmark with a TON of surfing >history and the guys who work there are the best! This place is one >of the only original surf shops left. Let's not take this away from >those of us who love the Froghouse so much. >Thank you, > Scott Lastovica >Avid Surfer and Balboa Island Resident ?90 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:56 PM To: Burns, Marlene Subject: Fw: Request for Zoning Change and General Plan Amendment - - - -- Forwarded Message---- - From: Steve Albertelli Sent: Mar 29, 2011 6:49 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a earthlink.net, bhiligren(a highrhodes.com, ameri(@rbf.com Subject: Request for Zoning Change and General Plan Amendment As a former resident of and frequent visitor to the City of Newport Beach, I respectfully request that the city council and planning commission grant the zoning change and general plan amendment requested by the Frog House surf shop. The Frog House is an integral part of the Newport Beach community. Several times each year I return to Newport Beach from my current home in Oregon, and each time I return I visit the Frog House. It is one of the only surf shops that I recommend to out -of -town visitors. Surely the good will and additional income to other city businesses generated by visitors to the Frog House is of great worth to the city. Thank you for your consideration. Steve Albertelli Eagle Point, Oregon 197 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:56 PM To: Burns, Marlene Subject: Fw: Let the frog house stay - - - -- Forwarded Message ----- >From: brandonhoshiko @gmail.com >Sent: Mar 29, 2011 6:54 PM >To: rhawkins @earthlink.net > Subject: Let the frog house stay >Dear Hon. Eaton: >Please allow the Frog House to stay. It is an iconic landmark of Newport Beach & the surfining community at large. We need the Frog House. >Brandon Hoshiko >- - - -- >I sent this message from a mobile device. I beg your pardon if I appear curt or have overlooked typos. 4 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:55 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message---- - From: Kindon Olsen Sent: Mar 29, 2011 7:44 PM To: emcdaniel(a)..sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: Froghouse Council members: I support the Froghouse's request for a zoning change and an amendment to the General plan to allow the Froghouse to continue to do business and serve the city of Newport Beach as it has for many many years. While I am a resident of Irvine, I visit Newport beach daily and visit the Peninsula /Northwest section of Newport Beach, where Froghouse conducts business, at least once a week. The Froghouse is an integral part of the culture and atmosphere which draws myself, as well as my friends and family, over and over again. Please approve this minor zoning request and amendment to allow a Newport Beach mainstay to continue to serve the city's residents and visitors. Thank you, Kindon Olsen ?Aq Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:55 PM To: Burns, Marlene Subject: Fw: Help the Frog House, Please! - - - -- Forwarded Message---- - From: LaSaRod(a)comcast.net Sent: Mar 29, 2011 8:06 PM To: amerita'�rbf.com, bhiloren(a )hiahrhodes.com, rhawkins(a)earthlink.net, eaton727(a),earthlin k. net, strataland(a)earthlink.net, cwunsworth(a)roadrunner.com Subject: Help the Frog House, Please! With the utmost respect, I ask you to please consider rezoning the Frog House so that it may stay open. I live in Beaverton, Oregon, but have fond memories of the Frog House since my childhood beginning over 30 years ago. My uncle owns the shop, so I grew up visiting the Frog House. Just last week I visited again with my own children. My oldest son donned a wet suit for the first time and tried to surf! I imagine that his property would be prime real estate considering the proximity to the beach. The Frog House means so much more than that. It is a place for Newport and Huntington's youth to connect and pass time in a positive way. Many years ago I saw just how important the Frog House is to a community much larger than you probably think. I was hiking the Inca Trail to Maccu Picchu in Peru and met someone from Newport Beach. I told him that my uncle owned a surf shop there, the Frog House. He looked at me and said, "Your uncle is TK Brimer ?" Since then I have met numerous people here in Oregon who have visited the store and shopped in Newport Beach. The Frog House remains a memorable place for them and surely thousands I have never met. Please do what you can to keep my uncle's store open! Respectfully, LaSandra (Brimer) Rodriguez 660 SW 126th Ave Beaverton, OR 97005 503 - 816 -4687 200 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:54 PM To: Burns, Marlene Subject: Fw: "SAVE THE FROGHOUSE" with some details - - - -- Forwarded Message---- - From: ROBERT LOMBARD Sent: Mar 29, 2011 8:17 PM To: emcdaniel(a)sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlink. net , rhawkins(@earthlink.net Cc: bhiligren(a)hiahrohodes.com, amerciCcDrbf.com Subject: "SAVE THE FROGHOUSE" with some details Tuesday March 29th 9:09 PM Good evening Mr. Daniel, Mr. Unsworth, Mr. Toerge, Mr. Eaton, Mr. Hawkins, Mr. Hillgren, and Mr. Ameri Writing to give you a bit of backstory regarding my experience with "The Frog House Surf Shop. I started surfing at the age of 62 and TK and the crew have been supportive and encouraging for someone of my age starting out. NO OTHER SURF SHOPS in the Newport or Huntington Beach area other then 5th Street Surf, which folded due to the economy reached out with advice etc. NOT just trying to sell me something. With that being said a shop like "The Frog House" should continue serving their customers and all should be grateful a small local surf shop has been able to retain their business in these trying times. PLEASE allow them to stay..... Researching this store it appears they are more of an institution then just a retail business. SAVE THE FROG HOUSE. A supporter and customer, Robert "The Old Surfer "Lombard By the way I am now 65 years of age and still catching waves and "The Frog House" is my local shop. ROBERT LOMBARD 310.248.3685 creative image Management and Casting, Ltd. http://www.creativeima2em2mt.com Email sent from Home Base Computer 201 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:53 PM To: Burns, Marlene Subject: Fw: comment - - - -- Forwarded Message---- - From: Dean Koutzoukis Sent: Mar 29, 2011 8:25 PM To: rhawkins(a.earth link. net Subject: comment Mr Hawkins I urge you to give the Frog House a zoning variance or whatever is needed to allow the iconic Socal surfshop to remain in its present location. I have personally spent thousands of dollars there and your fine city has reaped the tax revenue from those dollars. If the Frog House goes so do my tax dollars. Thank you Dean Koutzoukis Yorba Linda CA 202 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:53 PM To: Burns, Marlene Subject: Fw: please respect The Froghouse and let it remain where it is - - - -- Forwarded Message---- - From: michefish(a.aol.com Sent: Mar 29, 2011 8:37 PM To: emcdaniel(a.sunwestbank.com, cwunsworth()roadrunner.com, strataland(cDearthlink.net, eaton727(v7earth link. net, rhawkins(a earthlink.net, bhiligren(a highrhodes.com, ameri(@rbf.com Subject: please respect The Froghouse and let it remain where it is Hello, members of the City Council. I live right by The Froghouse - in fact, I can see it from my house. In the time that I've lived here, I have heard only good things about our corner surf shop, and I've become friends with some of staff that have worked there for quite some time. The Froghouse is an honest surf shop where I'd recommend my brother or my friends to get a board. Places like The Froghouse are why I like living in this part of Newport Beach - we have a neighborhood here, nearly free of chain businesses. In a county rampant with HOA's, strip malls, and severely planned urban space, it's refreshing to see independent businesses like this one, especially so close to where I live, inhabit a space where there is some creative freedom. Plus, The Froghouse has so much surfing history. From an urban planning perspective, I'm sure how the lot it's on would make for halfway decent residential space. (That also goes for homes in a similar spot along PCH.) I encourage you to reconsider and allow The Froghouse to stay right where it is at PCH and Grant. Thank you so much for your time. Michelle Giron engineer and Newport Shore resident 203 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:52 PM To: Burns, Marlene Subject: Fw: Frog House - - - -- Forwarded Message ----- >From: ropc @sbcglobal.net >Sent: Mar 29, 2011 8:31 PM >To: rhawkins @earthlink.net > Subject: Frog House >Pls save the Frog House! We are neighbors and appreciate their kindness and their expertise! We bought my hubby's board and suit from them. Nice to have such great people representing NB >Sent via BlackBerry by AT &T io 204 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 9:52 PM To: Burns, Marlene Subject: Fw: Let the Frog House stay! - - - -- Forwarded Message ----- >From: aberg38 @hotmail.com >Sent: Mar 29, 2011 6:19 PM >To: rhawkins @earthlink.net > Subject: Let the Frog House stay! >I've been going to this locally owned surf shop for years, as have many others. It would be a massive stain on the City of Newport if you do not let them stay. Surf Culture is a major part of Newport, whether you like it or not. Please think about the history that you can save. >Sent on the Sprint@ Now Network from my BlackBerry@ 11 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:20 PM To: Burns, Marlene Subject: Fw: Please read for April 7 agenda - - - -- Forwarded Message---- - From: Mike Feher Sent: Mar 29, 2011 6:13 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: Please read for April 7 agenda Esteemed Members of the Newport Planning Committee, I am writing to ask that you please consider the zoning change that affects TK's Froghouse Surfshop. The Froghouse is a representation of Newport Beach surf culture. When I tell people about the great city of Newport, it's one of the things I mention. People who don't live in Newport often mention the Froghouse in conjunction with Newport Beach. They go hand in hand. I have been shopping at the Froghouse since I was a child and always assumed I would take my kids there to buy their first surfboards. It's a part of Newport history, and hopefully will stand as a monument to Newport surf culture. Please consider allowing the Froghouse to remain in business and grant their rezoning request. Thank you. Sincerely, Michael Feher Newport Beach Resident 12 200 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:20 PM To: Burns, Marlene Subject: Fw: For your Consideration - - - -- Forwarded Message---- - From: Christine Feher Sent: Mar 29, 2011 6:12 PM To: emcdaniel(a.sunwestbank.com, cwunsworth(a)roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: For your Consideration Esteemed Members of the Newport Planning Committee, I am writing to ask that you please consider the zoning change that affects TK's Froghouse Surfshop. The Froghouse is a representation of Newport Beach surf culture. When I tell people about the great city of Newport, it's one of the things I mention. People who don't live in Newport often mention the Froghouse in conjunction with Newport Beach. They go hand in hand. I have been shopping at the Froghouse since I was a child and always assumed I would take my kids there to buy their first surfboards. It's a part of Newport history, and hopefully will stand as a monument to Newport surf culture. Please consider allowing the Froghouse to remain in business and grant their rezoning request. Thank you. Sincerely, Christine Feher Newport Beach Resident 13 2L-)7 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:17 PM To: Burns, Marlene Subject: Fw: city officials - - - -- Forwarded Message---- - From: offroadbob@aol.com Sent: Mar 29, 2011 5:39 PM To: ameri(a),rbf.com, bhilloren(a hiohrhodes.com, (a e rhawkinsarthlink.net, eaton727(a )earthlink.net, strataland(a)earthlink.net, cwunsworth(a)roadrunner.com, emcdaniel(@sunwestbank.com Subject: city officials let the froghouse stay 14 202 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:17 PM To: Burns, Marlene Subject: Fw: To my elected officials.......... - - - -- Forwarded Message---- - From: Bryan McLaughlin Sent: Mar 29, 2011 5:29 PM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton7270 earthlink.net, rhawkinsto')earthlink.net, bhillgren(a)highrhodes.com, amerie_rbf.com Subject: To my elected officials.......... I'm taking a second to write this email to keep a local city landmark alive instead of changing zoning laws to add another condo to Newport Beach. As a lifelong resident and avid surfer, TK's Froghouse has been a place to go and enjoy the company of others that love surfing. The new zoning laws seem to want to build another more then likely same looking and ugly house /condo, rather than allowing a local hotspot to stay in your city. Remember you all are elected officials and this could also be a political suicide, by making a horrible choice. Lots of very high profile companies such as Hurley, TK Burgers, Wahoos Fish Tacos, to name a few, are on Froghouse's side. So with that said keep in mind when they need to expand or relocate, remember what city they wont pick as a choice. Other business right next door to the Froghouse don't seem to be affected example: Big Belly Deli and Spaghetti Binder, why Froghouse ? ? ? ?? Thanks for reading this and hope you make an informed and logical decision in regards to the rezoning laws. Bryan 15 209 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:17 PM To: Burns, Marlene Subject: Fw: To my elected officials.......... - - - -- Forwarded Message---- - From: Bryan McLaughlin Sent: Mar 29, 2011 5:29 PM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton7270 earthlink.net, rhawkinsto')earthlink.net, bhillgren(a)highrhodes.com, amerie_rbf.com Subject: To my elected officials.......... I'm taking a second to write this email to keep a local city landmark alive instead of changing zoning laws to add another condo to Newport Beach. As a lifelong resident and avid surfer, TK's Froghouse has been a place to go and enjoy the company of others that love surfing. The new zoning laws seem to want to build another more then likely same looking and ugly house /condo, rather than allowing a local hotspot to stay in your city. Remember you all are elected officials and this could also be a political suicide, by making a horrible choice. Lots of very high profile companies such as Hurley, TK Burgers, Wahoos Fish Tacos, to name a few, are on Froghouse's side. So with that said keep in mind when they need to expand or relocate, remember what city they wont pick as a choice. Other business right next door to the Froghouse don't seem to be affected example: Big Belly Deli and Spaghetti Binder, why Froghouse ? ? ? ?? Thanks for reading this and hope you make an informed and logical decision in regards to the rezoning laws. Bryan 16 210 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:16 PM To: Burns, Marlene Subject: Fw: To my elected officials.......... - - - -- Forwarded Message---- - From: Bryan McLaughlin Sent: Mar 29, 2011 5:29 PM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton7270 earthlink.net, rhawkinsto')earthlink.net, bhillgren(a)highrhodes.com, amerie_rbf.com Subject: To my elected officials.......... I'm taking a second to write this email to keep a local city landmark alive instead of changing zoning laws to add another condo to Newport Beach. As a lifelong resident and avid surfer, TK's Froghouse has been a place to go and enjoy the company of others that love surfing. The new zoning laws seem to want to build another more then likely same looking and ugly house /condo, rather than allowing a local hotspot to stay in your city. Remember you all are elected officials and this could also be a political suicide, by making a horrible choice. Lots of very high profile companies such as Hurley, TK Burgers, Wahoos Fish Tacos, to name a few, are on Froghouse's side. So with that said keep in mind when they need to expand or relocate, remember what city they wont pick as a choice. Other business right next door to the Froghouse don't seem to be affected example: Big Belly Deli and Spaghetti Binder, why Froghouse ? ? ? ?? Thanks for reading this and hope you make an informed and logical decision in regards to the rezoning laws. Bryan v 211 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:16 PM To: Burns, Marlene Subject: Fw: Please Do What You Can To Save The Frog House - - - -- Forwarded Message ----- >From: Daiquiri Scherer <daiquirischerer @gmail.com> >Sent: Mar 29, 2011 5:12 PM >To: rhawkins @earthlink.net > Subject: Please Do What You Can To Save The Frog House >Dear Commissioner Hawkins, >I am writing you to urge you to please make the zoning change to allow >the historical Frog House to stay. My in -laws live in Newport >Shores.l want my children to have the wonderful experience of a >mom -in -pop store trying to provide their customers with personal and >fhendly service that cares. Growing up in Huntington Beach, I would >always look out for the Frog House sign and persuade my father into >taking us in to buy surf stickers. My brothers would buy their surf >accessories at the Frog House because the staff were experienced and >honest. Our culture today is full of big business deciding what we >should like and buy. It makes me lose faith in humanity to think that >the Frog House could lose their shop due to zoning. If they were big >business, they would most likely be able to pay for these changes. > Please help our society reflect that even if you are a small company, >you can achieve success, by working hard and providing your customers >with honest business. >I urge you to please do everything you can for the Frog House. >Sincerely, > Daiquiri Scherer >a mother 18 212 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:15 PM To: Burns, Marlene Subject: Fw: Save the Frog House - - - -- Forwarded Message---- - From: Kathryn Grant Sent: Mar 29, 2011 5:08 PM To: emcdaniel(a)..sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlin k. net, eaton727(a)earth link. net, rhawkins(a)earthlink.net, bhiligren(a)highrhodes.com, anneri(@rbf.com Subject: Save the Frog House Hi, I am a resident of Costa Mesa, a child of the NMUSD school system, and a happy customer of the Frog House. I am writing that you please do not let the Frog House be converted or torn down. REALLY ?? What harm will it do to let it stay? PLEASE please do not let this Newport Beach staple die and be gone .. Thanks gentlemen for your time Kasey How can you get better if you stop learning? 19 213 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:15 PM To: Burns, Marlene Subject: Fw: Let the Frog House stay please - - - -- Forwarded Message ----- >From: Lindsey Jensen <lindsey.jensen169 @myci.csuci.edu> >Sent: Mar 29, 2011 5:02 PM >To: cwunsworth @roadrunner.com, emcdaniel @sunwestbank.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Let the Frog House stay please >To whom it may concern, >I'm a huge supporter of the Frog House and it would be a huge shame if >it is put out of business. Most people probably won't care about it >since it's just another surf shop, but that's the thing, it's not just >another. You walk into some of the shops and no one says hi to you. >BUT at the Frog House there are always the most friendly people and TK >is such a great owner. That place is legendary status, it's apart of >peoples lives, it's apart of their history and people only have >positive things to say about it. I know I'm just another annoying >college surfer and student sending you an email but please, it will >mean so much to everyone if the Frog House stays. >Thanks for your time! 20 214 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:14 PM To: Burns, Marlene Subject: Fw: The Frog House - - - -- Forwarded Message ----- >From: Modern Innovation <eric @themoderninnovation.com> >Sent: Mar 29, 2011 5:00 PM >To: emcdaniel @sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: The Frog House >Dear Sirs, >I am writing to you on behalf of The Frog House surf shop on PCH. When you go to vote, please know that this shop means a lot to many people. In fact, it is one of the last true surf shops in California. I know we have the likes of Jack's and Huntington Surf and Sport in our area, but they are not true surf shops. They are more like department stores with surfboards and they have terrible service. The Frog House is very specific to surf and their service and knowledge is unparalleled. They have been a family type store for many many years and they have a very loyal and supportive customer base. It would be sad to force out such a unique place that, to me and many others, is like a historical monument here in Newport. Please give them the consideration they deserve. >SAVE THE FROG HOUSE! >Thank you, >Eric Vallely 21 �ZJr Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:14 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message ----- >From: Los Lavaz <info @loslavaz.com> >Sent: Mar 29, 20114:39 PM >To: emcdaniel @sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earthlink.net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Froghouse > Please don't take away one of our last surf monuments left in Huntington Beach and Newport Beach. The Frog house is a classic Store , Facility, which is like a family cornerstone to my family, friends, and there families. If anything ever happened to the Store it would greatly effect and Piss off a numerous amount of people. Even if the Froghouse decided to close down on there own we'd be Pist. But, Clearly thats not the case here. So, Please SAVE the Froghouse. >Sincerely, >THAN K YOU, >Vulcho Bonev >Cell: (714)478 -2462 >INFO @LOSLAVAZ.COM >W W W. LOSLAVAZ. COM 22 210 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:14 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message---- - From: Dena Sent: Mar 29, 2011 5:51 PM To: rhawkins(a)earthlink.net Subject: Froghouse Dear Mr. Hawkins; The Froghouse is an institution. It is irreplaceable and irresponsible to not let it stay in business. My family & I have been shopping this family operated store for decades. Small location, locally owned and great proprietors make this a must have for Newport. My family is 3rd generations of NB, with my mom graduating from Harbor, she is 70 years old. Us 'old" timers remember the good places long gone, do not let this business die an ugly death at the hands of government. Please vote to keep the Froghouse. Thank you! - Dena 23 �2� Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:14 PM To: Charlie Bowman Cc: Burns, Marlene Subject: Re: - - - -- Original Message---- - From: Charlie Bowman Sent: Mar 29, 2011 5:17 PM To: rhawkinsna earthlink.net Subject SAVE THE FROGHOUSE!!!! 24 212 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Tuesday, March 29, 2011 7:13 PM To: Burns, Marlene Subject: Fw: Newport Beach Institutions - - - -- Forwarded Message---- - From: Brandon Seger Sent: Mar 29, 2011 5:34 PM To: emcdaniel(a)..sunwestbank.com, cwunsworth()roadrunner.com, strataland(a).earthlin k. net, eaton727(v7earth link. net, rhawkins(a earthlink.net, bhillgren(a highrhodes.com, anneri(@rbf.com Subject: Newport Beach Institutions Greetings, The Newport Beach that I grew up in is slowly disappearing. I'm not sure whose bright idea it was to get rid of the Reuben E. Lee and replace it with nothing but pushing out the Frog House would be a similar mistake. When you have your big meeting with all of the important civic leaders present, please make the case to do what's necessary to keep the Frog House around. Thank you, Brandon Seger 25 �z9 Correspondence Item No. 3d Burns, Marlene West Newport Amendments PA2 -182 From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Sunday, April 03, 20114:37 PM To: Burns, Marlene Subject: Fw: Vote to keep the Frog House where it is! - - - -- Forwarded Message---- - From: Dan & Elizabeth Songster Sent: Apr 3, 2011 8:33 AM To: rhawkinsCa.earth link. net Subject: Vote to keep the Frog House where it is! Mr. Robert Hawkins PA2010 -190 PA2011 -014 This is to request that you favorably respond to the Frog House Surf Shop request for zoning change and the general plan amendment on April 7pm. Please leave the Frog House where it is, this is too important to mess with. I repeat: On the April 7th vote I very strongly urge you to rezone in favor of the Frog House staying in place at its current address. Our Frog House is one of the most famous surf shops in the world is located at the north end of Newport Beach, CA right on Pacific Coast Highway. The Frog House is a surf shop in the purest sense of the word and has been operating at this location since 1963 It is also one of the last of a breed of surfshop that still stocks surfboards made by people who surf, and these board are sold in the Frog House by people who surf. To someone looking for a surfboard, whether they are a beginner or expert, that means a lot. It is not a strip mall shop, or a place with pretty girls behind the counter, it is truly a surf❑ --shop! When I graduated high school in 1968 1 visited the Frog House hoping I might get a summer job-[ did! But I got more than just a few dollars to make it until the fall when college opened up, I made friends and over the years more friends -much like family. It was a fun experience then and still is. Everytime I visit and watch the people behind the counter as well as those walking in I see people who appreciate each other. TK Brimer treats both their employees and customers with respect and honesty and the people know it. A business with a history like that should be praised for the way it has served the community of Newport Beach as well as how they have molded people who were kids when they started working there and now have kids who have worked there, and now they have grandchildren! It is a family. Everyone I know of who hears about the possible loss of the Frog House is at first disbelieving, then they are outraged. TK and the Frog House may not have political connections but they do have the support of the community, a very wide spread and passionate community. At a time when everyone is downsizing and jobs are still being lost why would a city choose to close down a viable money making business that gives back to the community, in fact is a vital part of the community? i 220 Do the Right Thing: Allow the Frog House to stay where it is on Pacific Coast Highway. An institution that has served generations of surfers (and visitors) and wants to continue serving out laughter, good surfboards, and inspiration and yes, (I never thought I would say this) guidance for the youth of the area. Daniel Songster 23522 Cavanaugh Road El Toto, CA 92630 949/768 -0431 221 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Sunday, April 03, 20114:36 PM To: Burns, Marlene Subject: Fw: Froghouse - - - -- Forwarded Message---- - From: Josh Klinge Sent: Apr 3, 2011 12:29 PM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton727(a )earthlink.net, rhawkins(o)earthlink.net, bhilIgren(aDhighrhodes.com, amerie_rbf.com Subject: Froghouse 222 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 11:22 AM To: Burns, Marlene Subject: FW: The Froghouse From: Anna Prober [mailto:annaprober @cox.netl Sent: Friday, April 01, 20119:56 PM To: cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthl ink. net; rhawkins @earthlink.net; bhillpren @hiahrhodes.com; ameri @rbf.com Subject: The Froghouse Begin forwarded message: From: Anna Prober <annaprober(acox.net> Date: April 1, 2011 9:48:54 PM PDT To: cam pbell(a-)_city. newport-beach.ca. us, Igarcia(a)_city.newport- beach.ca.us Cc: palford _city.newpor- beach.ca.us Subject: The Froghouse Esteemed City Planning Commission Staff and Members, I am writing to save the Froghouse. Plain and simple. I grew up a few houses away from there, and for me it is one of the last jewels Newport has to offer that has not been engulfed in the development so many other beach cities have seen. Tom and Linda, the owners, are long time family friends as well. I grew up alongside their children and as a child I was surrounded by the love their home exuded. The Froghouse is simply an extension of true home values that are being lost by many cities and businesses today. Tom has given SO much to the community, its youth, and surfing in general. The work he has done and the investment he has made into our community is impossible to put into words. It saddens me to imagine the loss of not just a store front... but of the values Tom and his staff express to everyone that walks in, every life he touches. A feeling of coming home. Heads I pay, tails it's free. (It's what Tom told all of us when buying surfwax as kids) Please don't take this as lightly as a coin toss, but do keep in mind the gravity of once something is lost, a place we've all called "home" it can never be brought back. 223 Please, SAVE THE FROGHOUSE! ! ! ! Warm Regards, Anna O'Bourke- Prober 224 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 11:22 AM To: Burns, Marlene Subject: FW: Let the Frog House stay - - - -- Original Message - - - -- From: Phil Barren [mailto:pbannan426 @mac.com] Sent: Friday, April 01, 2011 10:41 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Subject: Let the Frog House stay We need the Frog House. It is Newport's only REAL surf shop. The local community depends on the Frog House. Please let it stay. Thankyou = III I -FII.I 225 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 11:21 AM To: Burns, Marlene Subject: FW: Please Keep Newport Real From: brett Landry rmailto:brettlandry@omail.coml Sent: Saturday, April 02, 2011 12:44 AM To: cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthl ink. net; rhawkins@earthlink.net; bhilloren @hiahrhodes.com; ameri @rbf.com Subject: Please Keep Newport Real The Frog House surf shop is not just a business. It's a place where kids and families and anyone who enters discovers the beauty and excitement that comes from surfing. It is one of the last unique establishments in a growing sea of sameness in California and I hope that Newport will see that it adds true value to the city. Please vote for it to stay. Cheers, Brett 220 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 11:14 AM To: Burns, Marlene Subject: FW: Support the Froghouse's request for zoning! Attachments: Candice Bernstein.vcf From: Candice "Candy" Bernstein rmailto:tourcandy(a)gmail.coml Sent: Saturday, April 02, 20117:42 AM To: cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhiligren @highrhodes.com; ameri@rbf.com; emcdaniel @sunwestbank.com Subject: Support the Froghouse's request for zoning! To whom it may concern: Please accept my letter as direct support for a truly historic and special place that has been loved and a part of all Newport Beach locals' souls. We will always remember The Frog House from our childhoods and have passed the history to our children as we share our famous surf shop with them. I support the Froghouse's request for a zoning change and an amendment to the General plan to allow the Froghouse to continue to do business and serve ...the city of Newport Beach as it has for many many years. The Froghouse is an integral part of the culture and atmosphere which draws me, as well as my friends and family, over and over again. Please approve this minor zoning request and amendment to allow a Newport Beach mainstay to continue to serve the city's residents and visitors and preserve our rich surfing culture and please save The Froghousel Warmest regards and please don't take this away from us, Candy Stomp Bernstein 227 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 11:14 AM To: Burns, Marlene Subject: FW: frog house From: steve goss rmailto :gossoerformance@gmail.coml Sent: Saturday, April 02, 20118:33 AM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins(a)earthlink.net; bhillgren(abhighrhodes.com; amer0rbf.com Subject: frog house Hello I would love to request the Frog House be allowed to stay .I grew up in that shop and so did many other locals .I still shop there weekly We do not have many at all home town locals surf shops just big corporate non personal surf shops !Frog house is like buying products from friends and family!Please let them stay .Thank You Steve Goss 222 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 3:39 AM To: Burns, Marlene Subject: Fw: The Froghouse - - - -- Forwarded Message---- - From: Anna Prober Sent: Apr 1, 2011 9:56 PM To: cwunsworth(cilroadrunner.com, strata landna earthIink.net, eaton7270)earthlink.net, rhawkinsC(Dearthlink.net, bhillgren(dhighrhodes.com, ameri(cDrbf.com Subject: The Froghouse Begin forwarded message: From: Anna Prober <annaprober(cD-cox.net> Date: April 1, 2011 9:48:54 PM PDT To: cam pbell 65�citv.newport- beach.ca.us, igarciaCcDcitv.newport- beach.ca.us Cc: palford(a)city.newpor- beach.ca.us Subject: The Froghouse Esteemed City Planning Commission Staff and Members, I am writing to save the Froghouse. Plain and simple. I grew up a few houses away from there, and for me it is one of the last jewels Newport has to offer that has not been engulfed in the development so many other beach cities have seen. Tom and Linda, the owners, are long time family friends as well. I grew up alongside their children and as a child I was surrounded by the love their home exuded. The Froghouse is simply an extension of true home values that are being lost by many cities and businesses today. Tom has given SO much to the community, its youth, and surfing in general. The work he has done and the investment he has made into our community is impossible to put into words. It saddens me to imagine the loss of not just a store front... but of the values Tom and his staff express to everyone that walks in, every life he touches. A feeling of coming home. Heads I pay, tails it's free. (It's what Tom told all of us when buying surfwax as kids) Please don't take this as lightly as a coin toss, but do keep in mind the gravity of once something is lost, a place we've all called "home" it can never be brought back. Please, SAVE THE FROGHOUSE!!!! io 2:�9 Warm Regards, Anna O'Bourke- Prober 11 230 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 3:38 AM To: Burns, Marlene Subject: Fw: Let the Frog House stay - - - -- Forwarded Message ----- >From: Phil Barman <pbannan426 @mac.com> >Sent: Apr 1, 2011 10:41 PM >To: emcdaniel@sunwestbank.com, cwunsworth @roadrunner.com, strataland @earthlink.net, eaton727 @earth link. net, rhawkins @earthlink.net, bhillgren @highrhodes.com, ameri @rbf.com > Subject: Let the Frog House stay >We need the Frog House. >It is Newport's only REAL surf shop. The local community depends on >the Frog House. Please let it stay. >Thankyou 0:011 -P ITI . a 12 2S2 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 3:37 AM To: Burns, Marlene Subject: Fw: The Froghouse - - - -- Forwarded Message---- - From: John Matteson Sent: Apr 1, 2011 11:22 PM To: "cwunsworth(a )road runner.com" , "strataland(a )earthlink.net" , "eaton7270 earthlink.net" , "rhawkinsCabearthlink.net" , 'bhillgrenC@highrhodes.com" , "ameri(a)_rbf.com" Subject: The Froghouse Please let the froghouse stay. I have many memories as a kid of that place and it truly is a landmark to many. Thank you for your consideration. John Matteson killawava.com 13 232 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Saturday, April 02, 2011 3:37 AM To: Burns, Marlene Subject: Fw: Please Keep Newport Real - - - -- Forwarded Message---- - From: brett landry Sent: Apr 2, 2011 12:43 AM To: "cwunsworth(a )road runner.com" , "strataland(a )earthlink.net" , "eaton7270 earthlink.net" , "rhawkinsCc earthlink.net" , "bhiIIgrenC@highrhodes.com" , "ameri(a)rbf.com" Subject: Please Keep Newport Real The Frog House surf shop is not just a business. It's a place where kids and families and anyone who enters discovers the beauty and excitement that comes from suiting. It is one of the last unique establishments in a growing sea of sameness in California and I hope that Newport will see that it adds true value to the city. Please vote for it to stay. Cheers, Brett 14 233 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Friday, April 01, 2011 10:27 AM To: Burns, Marlene Subject: FW: Save The Frog House!!! From: vitaminblue @aol.com rmailto:vitaminblue @aol.coml Sent: Thursday, March 31, 2011 5:10 PM To: rhawkins @earthlink. net Subject: Save The Frog House!!! Robert Hawkins, Please vote to Save The Frog House!!!, the surf shop has been a part of surfing history for many, many years. Thank You, Frank D. Ornelas 15 2S4 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Friday, April 01, 2011 10:27 AM To: Burns, Marlene Subject: FW: Save The Frog House - - - -- Original Message - - - -- From: david carter [mailto:dcwjahvatnd @yahoo.com] Sent: Thursday, March 31, 2011 6:53 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Subject: Save The Frog House A New port Beach institution that Needs to remain for the Kids to Have for their Surf Gear! Proper Zoning the Property For this Newport Beach Institution Should not even be a Question in an economy that needs Merchants in Newport Beach Tourist industry that has Hotels near by in HB and Channel Inn in Newport. Thank you for Voting in consideration of the Frog house David M Carter 16 235 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Friday, April 01, 2011 10:27 AM To: Burns, Marlene Subject: FW: Please save the FROGHOUSE From: Tim West rmai Ito: harborcleantim @ vahoo.coml Sent: Thursday, March 31, 20119:59 PM To: harborcleantim@vahoo.com Cc: cwunsworth @roadrunner.com; cwunsworth @roadrunner.com; strataland @earthl ink. net; strata land @earthlink.net,, eaton727 @earthlink.net; eaton727 @earthlink.net; rhawkinsCalearthlink.net; rhawkins @earthlink.net,, bhilloren@hiohrhodes.com; bhilloren@hiohrhodes.com; ameri @rbf.com; ameri@rbf.com Subject: Please save the FROGHOUSE The Froghouse is a family owned business that goes out of its way to give back to our community. The FROGHOUSE is a Newport Beach ICON, it stands for Welcome to Newport Beach. There are so few family owned businesses. The Froghouse is a Newport Beach Landmark. Once again please do not take away our past our memories and our stories to our children ( this is were I bought my first new surfboard for only $75.00 ) I'm a resident of 42 years Thank you Tim West & Family v 23 o Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Monday, April 04, 2011 1:18 PM To: Burns, Marlene Subject: FW: Frog House - - - -- Original Message - - -- From: Hurley, Bob (Hurley) [mailto:Bob_Hurley @hurley.com] Sent: Monday, April 04, 2011 11:00 AM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727 @earthlink.net; rhawkins@earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Cc: Tk Subject: Frog House Esteemed Commissioners.... I am writing to you regarding the Frog House in Newport Beach. For fifteen years, I have lived in the neighborhood across the street from the Froghouse. My wife and I own three properties in the neighborhood .... 6708, 6706 W. Oceanfront and 6707 Seashore. We have nothing but great things to say about how important this establishment is to our community, on multiple levels. Our company, based in Costa Mesa, is called Hurley. We are a subsidiary of Nike Inc. We are approximately a Three Hundred million dollar a year surf Company. We are also owners in "A" Restaurant in Newport ....... As surfing has become important to the modern world ........ surfing the internet "... "stoked "....... the Frog House continues to be an iconic Newport Beach Landmark. The city of Huntington Beach is called "Surf City USA ", and has reaped many commercial and community benefits from being "surf friendly" Having a unique asset like the Frog House in Newport ....... enhances Newport Beach's reputation as an important Beach Community. The local restaurants and other businesses also benefit greatly ... let alone the fabulous kids in the neighborhood ...... we would hate them going to Huntington to buy their surf gear. 237 I urge you to please vote to keep the Frog House in Newport! Respectfully, Bob Hurley Chairman and Founder Hurley LLC Subsidiary Nike Inc. Concerned taxpayer:) Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Monday, April 04, 2011 1:18 PM To: Burns, Marlene Subject: FW: Zoning Decision From: Dean Taylor Finailto:rinduck @ yahoo.coml Sent: Monday, April 04, 2011 1:00 PM To: rhawkins(aea rthlin k. net Subject: Zoning Decision Mr. Hawkins - I am writing today as a concerned citizen who has spent quite a bit of my life either visiting or living in, Newport Beach. The purpose of this message is to convey my support for one of the truly legacy businesses in Newport Beach, The Frog House. The Frog House has long been a fixture in West Newport and is recognizable to all those who pass by it each day. I would imagine it is also a fond memory for those who visit Newport Beach each summer. I understand that the Frog House has been caught in a zoning issue that jeopardizes its ability to continue supporting the local community, if at all to exist. It would be a real travesty to allow this to happen. Many surfers, locals, beach visitors and other customers would be somewhat harmed by forcing the The Frog House to close in this location and for what purpose? While I fondly recall the days where the roadsides thru West Newport and into Huntington were dirt/sand parking areas and believe that more infrastructure is not necessarily good for the city, I do understand that changes need to be made. What I do not support is change for the sake of change. There are many businesses in the West Newport area that do not appear to be affected by this zoning law. I'm not sure why this is, but it does appear that the analysis supporting the zoning law was not done in a complete manner. Even so, there needs to be some rationalization that would acknowledge that long -time existing businesses, such as the Frog House, would be "grandfathered in ". In time, it may be appropriate to enforce such a zoning law if the original businesses either moved to other locations or went out of business. I am strongly behind modifying the zoning restrictions to allow The Frog House to continue in their present location unhindered. The city will not be impacted and the residents are clearly beneficiaries from this decision. It's the right thing to do. Sincerely, Dean Taylor 949.230.9108 239 Burns, Marlene From: rhawkins @earthlink.net Sent: Monday, April 04, 2011 10:13 PM To: Burns, Marlene; rhawkins @earthlink.net Subject: Frog House to plead its case before Planning Commission This story was sent to you by: Robert C. Hawkins Frog House to plead its case before Planning Commission Staff recommends approving application, but questions the building's looks. By Mike Reicher, mike.reicher @latimes.com April 4 2011, 8:58 PM PDT The Frog House surf shop will take another leap toward preservation Thursday when the Newport Beach Planning Commission reviews its application to remain a business. The complete article can be viewed at: http: / /dailypi lot.trb.com/ news /education /tn -dpt- 0405 -frog house-20110404,0,6661 663. story Visit Daily Pilot at http: / /dailypilot.trb.com 240 Frog House to plead its case before Planning Commission - Daily Pilot Page 1 of 1 dailypilot. com/news /education/tn -dpt- 0405 - froghouse- 20110404,0,6661663. story Daily Pilot Frog House to plead its case before Planning Commission Staff recommends approving application, but questions the building's looks. By Mike Reicher, tnike.reicher @latimes.com 8:58 PM PDT, April 4, 2011 The Frog House surf shop will take another leap toward preservation Thursday when the Newport Beach Planning Commission reviews its application to remain a business. Owner TK Brimer and representatives of other properties on West Coast Highway will present their case about why the city shouldn't require their land to be used for residential purposes. A city law intended to displace some drug recovery homes from residential neighborhoods also affects the 50- year -old shop, an animal shelter and a party planning store. advertisement City planning staff members recommended approving their application, but had some reservations. The staff report reads: "Although the Frog House has a strong following that supports its continued economic success, aesthetically, the property detracts from the overall district." Brimer said he was concerned that city officials may decide that his eclectic building doesn't fit in with their vision for Newport Beach. "Not all of Newport needs to look like Newport Coast," he said. "Our store, it harkens back to an earlier beach scene." While a Facebook page supporting the Frog House has more than 3,500 members, Brimer said he expects about 25 to show up for Thursday's meeting. Later, the application will go to the City Council and then the California Coastal Commission for review. 2.4-1 http: / /www. dailypilot .com /news /education/tn -dpt- 0405 - froghouse- 20110404,0,5340724,p... 04/05/2011 242 Additional Correspondence Received May 3, 2011 243 244 May 3, 2011 BY HAND DELIVERY Honorable Nancy Gardner Newport Beach City Council 3300 Newport Boulevard Newport Beach, California 92663 AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL AOORESS: paul@IaMrientl com h1(p: r; wuv w.l a wf riantl, com File No. I I -0 I 7-029 RECEIVED BY PLANNING DEPARTMENT MAY 0 3 2011 @M OF NEWPORT BEACH RE: The National Cat protection Society, a California nonprofit corporation; 6904 West Coast Highway, Newport Beach, California 92663; Land Use Modifications: Mixed -Use Vertical Dear Councilmember Gardner: I. Background Our firm represents The National Cat Protection Society, a California nonprofit corporation (the "Society "). The Society owns and occupies a commercial building located at 6904 West Coast Highway, Newport Beach, California 92663 (the "Property "). Enclosed for your information is a series of pictures of the Property. The Society has cared for and protected homeless cats at the Property for over eighteen (18) years without incident, noise, or community disruption of any kind. The Society (and its commercial operation) has truly been a model citizen. We believe that until recently the Property was assigned a commercial zone dating back to the 1950's — over 50 years ago. When the new Zoning Code became effective on November 25, 2010, the old mixed use zone (including commercial) for the Property (SP -4) was replaced with a new residential zone (R -2, Two - Unit Residential). 245 LAW OFFICES OF WATKINS, BLAKELY L& P. ARNSEN BLAKELY' TORGERSON LLP JOSEPH MANCINI NOEL K. TORGERSON' PAUL K. WATKINS• SUITE 810 535 ANTON BOULEVARD 'A PRORESSIONAL CORPORATION COSTA MESA, CALIFORNIA 92626-7047, TELEPHONE (', 14) 556 -0800 FACSIMILE (714) 641 -4012 May 3, 2011 BY HAND DELIVERY Honorable Nancy Gardner Newport Beach City Council 3300 Newport Boulevard Newport Beach, California 92663 AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL AOORESS: paul@IaMrientl com h1(p: r; wuv w.l a wf riantl, com File No. I I -0 I 7-029 RECEIVED BY PLANNING DEPARTMENT MAY 0 3 2011 @M OF NEWPORT BEACH RE: The National Cat protection Society, a California nonprofit corporation; 6904 West Coast Highway, Newport Beach, California 92663; Land Use Modifications: Mixed -Use Vertical Dear Councilmember Gardner: I. Background Our firm represents The National Cat Protection Society, a California nonprofit corporation (the "Society "). The Society owns and occupies a commercial building located at 6904 West Coast Highway, Newport Beach, California 92663 (the "Property "). Enclosed for your information is a series of pictures of the Property. The Society has cared for and protected homeless cats at the Property for over eighteen (18) years without incident, noise, or community disruption of any kind. The Society (and its commercial operation) has truly been a model citizen. We believe that until recently the Property was assigned a commercial zone dating back to the 1950's — over 50 years ago. When the new Zoning Code became effective on November 25, 2010, the old mixed use zone (including commercial) for the Property (SP -4) was replaced with a new residential zone (R -2, Two - Unit Residential). 245 Counciltnember Nancy Gardner Nexpori Beach City Council Ma1,3, 2011 Page 2 REeEIV &D RY PLANNING DEPARIIWENT MAY ®3 N110 CPYY OF NEWPORT MACH: It is our understanding that under the General Plan, the zoning for the Property and several others fronting PCH was changed to an R -2 zone with the thought that when the properties were redeveloped in the future, the highest and best use would be residential. Then, in light of the Council's decision to abate all non - conforming uses in 2008, the Property was designated for abatement. (Please see the enclosed letter dated January 14, 2011 from James Campbell, Acting Planning Director, Planning Department, City of Newport Beach.) As indicated in the letter, the Society was instructed to abate the non - residential use of the Property by November 25 of this year, a short seven months from now. On January 26, 2011, the Society filed an Application for a General Plan Amendment to restore a commercial zone for the Property. On April 7, 2011 and after significant discussion and public testimony, the Planning Commission unanimously adopted the following Resolution: "Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, to adopt a resolution recommending the City Council approve amendments to the Land Use Element of the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designations from Two -Unit Residential to Mixed -Use Vertical (MY -V) for properties located at 6904, and 6908 -6936 West Coast Highway (PA2010 -182, and PA2011 -014); and to Commercial General (CG) for the property located at 6480 West Coast Highway(PA2010 -190) with thefollowing modifications: Addition of the following Finding to the Resolution: 'The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (establishing the current National Cat Protection Society use as a cat care and boarding facility), are legal nonconforming uses and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38).' In addition, the changes amending the Resolution and Exhibits reflecting the motion made." As a final item of background information, I am enclosing a letter dated March 17, 2011 from the Newport Beach Chamber of Commerce supporting the reinstatement of the commercial zone for the Society's property. 240 Councilmember Arancy Gardner Netivport Beach City Council Ala 1) 3, 2011 Page 3 11. What is the Society Requesting? PLANNIMO DEPARTMENT MAY 03 2011, CITY OF NEWPORT BEACH The Society requests that the Council support the PlanningComtnission's Resolution recommending the MU -V land use modifications including the Commission's finding as follows: "The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (establishing the current National Cat Protection Society use as a cat care and boarding facility), are legal nonconforming uses and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38). " It is important that the Council add the Planning Commission's above finding to the Council's Resolution due to the fact that (while "Animal Grooming" and "Animal Retail Sales" are "Permitted" uses under the MU -V Zoning District), "Veterinary Services" are "Not Allowed" in the MU -V Zoning District and the Society IS performing basic veterinary services on the Property. [Section 20.22.020, Table 2 -8 Allowed Uses and Permit Requirements for Mixed -Use Zoning Districts, page 2 -34.) Finally and as you know, Section 20.22.010A (MU -V (Mixed -Use Vertical) Zoning District) describes the permitted uses of this zoning classification as follows: "20.22.010 — Purposes of Mixed -Use Zoning Districts A. MU -V (.Mixed -Use Vertical) Zoning District. This 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 floorwith retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above." The Society does not presently use the Property for residential purposes, but the MU -V (Mixed -Use Vertical) zone modification would appear to offer the Society more flexibility (combining usage for both commercial and residential purposes) in the use of the Property (including a continuationof the current commercial use), and the Society therefore supports the Planning Commission Resolution with the additional finding, and we urge the Council to adopt the Planning Commission's recommendation to Council. Thank you for considering the Society's position on this matter. 24:7 Councilmember Nancy Gardner RECENED ny Newport Beach City Council PLANNING GEPAMWENT May 3, 1011 Page 4 Ay e g 2U , Sincerely, Paul K. Watkins for Watkins, Blakely & Torgerson, LLP Enclosures PKW:jbag cc: Ms. Denise Johnston Mr. Richard Tanzer N:\PKW\Clients\Ta er Nad Cat Protection Soc \Ltr to Councilmemben 05031 I doc CITY OF NEWPORT 6EACH 242 r NATIONAL CAT PROTECTION SOCIETY 6904 1 �7 IIII` III�� .E a- C" I � aftm�-- -- - I It a I AMA -,; ENTER i r R i _ r ENTER W m 0 ro. • . -1 m NO-1 iD �, m o -i o �. o °. 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T b �' m N O� '< .m.. a T U S m m V 'Op W 7 7 .� :n m N CD 3 CD m m 0 (� O 0 _ Al CD .0 � a c ��c v (D m?m a w 0 _ s Cr .� ® a s –70 , x cr z � j O C (D N V~ m c CD ' a= W 3 o� m °� s n =y' N a CD a C DF O m N y y m 4: m U m Z c> N _ CD [7 -� -.. 1 .� N S ? � C mo m„ 7 q ~ m C 3 Iti •�1 _ C7 n CD m m N 6. SA =8 =ryp 03. v�'C m mp a w 7 fll W �J 7 m S a O C7 7j —1 cr m n o D3'jw n Z \ 0 _ � o t /7 O\ 02 \( }§ \� k§ \\ \ « 0 § N ( \/ } �\ / : >I g � ■ a s $ \� A � � \r \� CD kCP Ai & § t _ � M \ » q g � co � § -00r k %� §(k _r- % %a 7 §EQ2 � CL Mr =r ƒEE0 ƒEEik '13 -0 g,�� /gf /kk , & Z) CD =r A.39* 08 so =r % /AEI g CD to a7�,�K /cr IM go aJ2222 }L k e /ks & ¥ ( / Emma 6904 Cd9St Hwy W Zoning Districts R-1 . Swgk -Uuk R O.nlW -- R4 -T60LK RautleimM - RM - Re &tlerdiai MulUpleUnq CC - Com axial Corridor _ CG- Camieaeial General - CN - CumnmMial P.Meational N CN - NelehbW wod Cmmadel _ CV - t•Onlllerdal VuirSm, Mg f .Mbmd the ...... Os - Opal Spam PC - Flamed CanenulUly r PF - PUblk Fadlilie - F - Public ImUtutlom PR - Perks 8M Re .4m, 1 Owl 1 � • o 1+ H tl N 0 Y Y d Y YN M tl ,O �o N 0 J J H r••1 0 r H I 79 O rR 0 9 m v a 0 0 0 100 VMS NEWPORT BEACH CHAMBER OF COMMERCE Building on a Century of Service March 17, 2011 Earl McDaniel, Chair Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 RECEIVED BY PLANNING DEPARTMENT MAY 0 3 2011 CRY OF NEWPORT BEACH RE: The National Cat Protection Society, a California nonprofit corporation; 6904 West Pack Coast Highway, Newport Beach, California 92663 Dear Chairman McDaniel: The Newport Beach Chamber of Commerce ( "NBCC ") is an association which represents over 700 business owners and operators in Newport Beach. The National Cat Protection Society (the "Society") has been caring for and protecting homeless cats at 6904 West Pacific Coast Highway (the "Property") for over 18 years. When the new Zoning Code became effective on November 25, 2010, the old commercial zoning (SP-4) was replaced with new residential zoning (R -2, Two -Unit Residential). It is my understanding that under the General Plan, the Society's Property and several others along PCH were changed to R -2 with the thought that when the properties were redeveloped in the future, the highest and best use would be residential. Then, in light of the Council's decision in 2008 to abate all non - conforming uses, the Society's Property became a target for abatement. The Society (and its commercial operation) has been a model citizen in West Newport Beach since 1993. It has c ?red for and and protected homeless.cats without incident, noise, or community disruption of any kind. We believe that the Societys proposed General Plan Amendment to revise the zoning from R -2 (Two -Unit Residential) to CG (General Commercial) (which would reinstate the commercial zone in place for at least the past 38 years) is well taken. The Newport Beach Chamber of Commerce supports this General Plan Amendment for the Society's Property. Sincerely, Richard R, Luehrs, President 1470 IAMsoikn ROAD, NEWPORT BEACH, CALIFORNU 92660 • PH: (949) 729 -4400 • FAx: (949) 729 -4417 • Wm www.NFw?0115rfM DRAFT ORDINANCE With attachments Exhibit A- 6480 W. Coast Highway CA2010013 Exhibit B- 6904 W. Coast Highway CA2011 -003 Exhibit C- 6908 -6936 W Coast Highway CA2010- ATTACHMENT N ®. CC 2 S,5 so ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NOS. CA2010 -013, CA2011 -003 AND CA2010 -012 TO REVISE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY FROM R -2 TO CG (COMMERCIAL GENERAL) (PA2010 -190); AND TO CHANGE 6904, AND 6908 THROUGH 6936 WEST COAST HIGHWAY FROM R -2 TO MU -V (MIXED -USE VERTICAL)(PA2011 -014 AND PA2010 -182) WHEREAS, an application was filed by B. Jeffrey and Lorraine Kennard, property owners, with respect to property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -013 to change the Zoning designation from R -2 (Two -Unit Residential) to CG (Commercial General) Zoning District; and WHEREAS, an application was filed by Paul K. Watkins, on behalf of The National Cat Society, property owner, with respect to property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, requesting approval of a Code Amendment CA2011 -003 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District; and WHEREAS, an application was filed by T.K. Brimer, property owner, with respect to property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, requesting approval of a Code Amendment CA2010 -012 to change the Zoning designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Zoning District. WHEREAS, on April 7, 2011, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, at the April 7, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes) a recommendation to the City Council to approve the proposed Code Amendments; and WHEREAS, the subject properties are located within the Two -Unit Residential (R- 2) Zoning District, the General Plan Land Use Element category is Two -Unit Residential (RT); and WHEREAS, the subject properties are located within the coastal zone and are currently subject to the provisions of the Categorical Exclusion Order (CEO), however, accompanying applications considered by the Planning Commission will simultaneously change the Land Use Element of the General Plan and the Coastal Land Use Plan to change the land use designation from Two -Unit Residential (RT -E) to the CG 0.5 (General Commercial) or MU -V (Mixed -Use Vertical) land use designations. 37 ORDINANCE NO. Page 2 WHEREAS, this project is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) 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. Therefore, this activity is not subject to CEQA. WHEREAS, The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendments to change the zoning of the subject properties from Two -Unit Residential (R -2) to Mixed -Use (MU -V) or Commercial General (CG) designations. WHEREAS, The existing buildings and uses, and future development of those properties affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. WHEREAS, The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Zoning Map shall be amended as provided in Exhibit "A" and as described below, with all other provisions of the existing Zoning Map remaining unchanged, for the following properties. ON ORDINANCE NO. Page 3 1. Property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, (Code Amendment CA2010 -013) changing the Zoning Designation from R -2 (Two -Unit Residential) to CG (Commercial General); and 2. Property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, (Code Amendment CA2011 -003) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical); and 3. Property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, (Code Amendment CA2010 -012) changing the Zoning Designation from R- 2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical). SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: This action shall become final and effective thirty days after the adoption of this Ordinance. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, and adopted on the 24th day of May, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: 39 CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY �' I ORDINANCE NO. Page 4 :N ORDINANCE NO. Page 5 ORDINANCE ATTACHMENT Exhibit A- 6480 W. Coast Highway CA2010 -013 (PA2010 -190) 6904 W. Coast Highway CA2011 -003 (PA2011 -014) 6908 -6936 W Coast Highway CA2010 -012 (PA2010 -182) EXHIBIT - A 41 42 ,,,,vo CA2010- 013.mxd March/2011 500 :::i Feet seJOn CA2010 -013 (PA2010 -190) e Zoning Code Amendment 6480 West Coast Highway N,: . ,t, il Ca' / / UP s` — Oq�O SO US S_ O Soh CANq�3T � gP C09ST UeP = SOQO �''y7,� h0 00 SPA yh O SOP SF95 UO23 yoRF v O OR h 5 4 ?S SU OS P =� i(4 OPP UP 0 ?S W PS Rrs�'o ?J F RFS a'P 2P OR O OOF9jV<. U4,0 JU Ro�TN oPP2 �� 1 02 COq P2 o sTry oP 24 �y ?P SyOR F JGO OR PO l Q 0 250 500 Feet CA2011 -003 (PA2011 -014) e Zoning Code Amendment 6904 West Coast Highway CA2011- 003.mxd March /2011 :'lw CA2010- 012.mxd March /2011 CA2010 -012 (PA2010 -182) Zoning Code Amendment 6908 -6936 West Coast Highway 0 N 42 Planning 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 Planning Commission Resolution No. 1839 ATTACHMENT No. CC 4 OS 04 RESOLUTION NO. 1839 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN, COASTAL LAND USE PLAN AND THE ZONING CODE TO CHANGE THE LAND USE DESIGNATION FROM TWO -UNIT RESIDENTIAL TO MIXED -USE VERTICAL (MU -V) FOR PROPERTIES LOCATED AT 6904, and 6908 -6936 WEST COAST HIGHWAY (PA2010 -182, AND PA2011 -014); AND TO COMMERCIAL GENERAL (CG) FOR THE PROPERTY LOCATED AT 6480 WEST COAST HIGHWAY (PA2010 -190) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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 "). 2. 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. 3. On January 28, 2008, the City Council adopted a new ordinance (Ordinance No. 2008- 05) that 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. 4. On October 25, 2010, the City Council Adopted a Comprehensive Update to the Zoning Code (Title 20) bringing consistency between the Zoning Code and the Land Use Element of the General Plan. The result of that action rendered numerous properties nonconforming, with existing commercial buildings and uses located within residential districts. In accordance with Ordinance No. 2008 -05, mentioned above, those properties are subject to abatement. 5. An application was filed by Jeffrey and Lorraine Kennard, Paul Watkins on behalf of the National Cat Protection Society, and T.K. Brimer with respect to properties located at 6480, 6904, and 6908 -6936 West Coast Highway, requesting approval of the following applications for amendment to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designation from residential to commercial or mixed -use. 05 Planning Commission Resolution No. 1839 Page 2 of 5 6. The subject properties are currently located within the Two -Unit Residential (R -2) Zoning District and the General Plan Land Use Element category is Two -Unit Residential Land Use (RT). 7. The change of the General Plan designations of 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (RT) to Mixed -Use Vertical (MU -V) ; and to change designation of 6480 W Coast Highway from Two -Unit Residential (RT) to Commercial General (CG). 8. The recommended change of the Zoning District designations of 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (R -2) to Mixed -Use Vertical (MU -V); and to change zoning district designation of 6480 W Coast Highway from Two -Unit Residential (R -2) to Commercial General (CG). 9. The subject properties are located within the coastal zone. The Coastal Land Use Plan category of the subject properties is Two -Unit Residential Land Use designation (RT -E). 10. The recommended change to the Coastal Land Use designations consistent with the recommended General Plan Amendment for 6904 and 6908 -6936 West Coast Highway from Two -Unit Residential (RT -E) to Mixed -Use Vertical (MU -V); and to change Coastal Land Use designation of 6480 W Coast Highway from Two -Unit Residential (RT -E) to General Commercial (CG -B). 11. Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following three thresholds, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment: the project generates more than 100 peak hour trips, adds 40,000 square feet of non - residential floor area, or adds more than 100 dwelling units in a statistical area. 12. This is the second set of General Plan Amendments that affect Statistical Area B1 since the General Plan update in 2006. A reduction in the number of dwelling units and the increase in non - residential floor area result in an increase of 46.47 A.M. peak hour trips and an increase 62.08 P.M. peak hour trips based on the commercial and residential housing trip rates reflected in Council Policy A -18. As none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required. 13. A public hearing was held on April 7, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Tmpit: 04/14/10 00 Planning Commission Resolution No. 1839 Page 3 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). 2. The project of proposed amendments are exempt since they do not entail any significant alteration to the subject properties and are essentially bringing the General Plan Land use Designations, Coastal Land Use Designations and Zoning Districts to be consistent with the existing use of the buildings and properties involved. Therefore, this activity is not subject to CEQA. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. Amendments to the General Plan and Coastal Land Use Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments of the Land Use Element of the General Plan and the Coastal Land Use Plan will provide consistency with the proposed code amendments to change the zoning of the subject properties from Two -Unit Residential (R -2) to Mixed -Use (MU -V) or Commercial General (CG) designations. 4. The existing buildings and uses, and future development of those properties affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan and the Coastal Land Use Plan; and will be consistent with the purpose and intent of the CG 0.5 and MU -V zoning districts of the Newport Beach Municipal Code. 5. The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (established Tmplt: 04/14/10 07 Planning Commission Resolution No. 1839 Page 4 of 5 the current National Cat Protection Society use as a cat care and boarding facility), is a legal nonconforming use and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38). SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following amendments to the General Plan and the Coastal Land Use Plan: 1. General Plan Amendment No. GP2010 -013, and Coastal Land Use Plan Amendment LC2010 -003, changing the designation from Two -Unit Residential (RT) to Commercial General (CG 0.5) and General Commercial (CG -B), respectively, affecting 6480 W. Coast Highway, Statistical Area B1, Attachment Exhibit A. 2. General Plan Amendment No. GP2011 -002, and Coastal Land Use Plan Amendment LC2011 -001, changing the designation from Two -Unit Residential (RT) and Two -Unit Residential, respectively, to Mixed -Use Vertical (MU -V), affecting 6904 W Coast Highway, Statistical Area B1, Attachment Exhibit B. 3. General Plan Amendment No. GP2010 -002, and Coastal Land Use Plan Amendment LC2010 -002, changing the designation from Two -Unit Residential (RT) and Two -Unit Residential, respectively, to Mixed -Use Vertical (MU -V), affecting 6908 -6936 W. Coast Highway, Statistical Area B1, Attachment Exhibit C. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following Code Amendments to amend the Zoning Code designation of the following properties: 1. Property located at 6480 West Coast Highway, and legally described as Lot 13 and a portion of Lot 14, Block 4, Seashore Colony Tract, (Code Amendment CA2010 -013) changing the Zoning Designation from R -2 (Two -Unit Residential) to CG 0.5 (Commercial General) , Attachment Exhibit A.; and 2. Property located at 6904 West Coast Highway, and legally described as Parcel 1 of Lot Line Adjustment No. 94 -07, (Code Amendment CA2011 -003) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical), Attachment Exhibit B.; and 3. Property located at 6908 through 6936 West Coast Highway, and legally described as Lots 12, 13 and a portion of Lot 14, Block 9, Seashore Colony Tract, (Code Amendment CA2010 -012) changing the Zoning Designation from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical), Attachment Exhibit C. Tmplt: 04/14/10 02 Planning Commission Resolution No. 1839 Page 5 of 5 PASSED, APPROVED AND ADOPTED THIS 7th DAY OF APRIL, 2011. AYES: Eaton, Unsworth, Hawkins, McDaniel, Toerge, Ameri, and Hillgren NOES: None ABSTAIN: None ABSENT: None Earl McDaniel, Chairman BY: Michp erge, Secretary Tmplt: 04114/10 :FD Excerpt of Planning Commission Minutes, dated April i, 2011 ATTACHMENT No. a¢ ,, `� Jar yr L. 5 72 NEWPORT BEACH PLANNING COMMISSION MI {V(r. Miller stated that he agreed with staffs recommendation. PubbMh mment period was opened. FILE No public co ents. Public comment pe ' d was closed. Motion made by Commi sip\ner Hillgren and seconded by Commissioner UmWorth, to adopt a resolution recommending City Council approval of Planned Community Development Plan Amendment No. PD2011 -001 and Code Amendmdnt No. CA2011- 004 with the following modifications: • Modify the Resolution with the addo6 n.of, "The square footage numbers indicated for each block in Table 2 (Development Li rri Wof the PC -56 Development Plan may not be current or correct due to allowabk transfers of development rights under the Development Agreement feral Plan, d PC -56 Development Plan. The square footage numbers F na not and are no ing increased by this application as the developmemits are regulated by the eral Plan." • Addition of Amendment that was presented, page 14 of the orth Newport Center Planned 9of6munity Development Plan was updated and as it was made nsistent with Section IIB, "Table 2 — Developmeon �Liis" page 1 3. Motion carri with the following vote: Ayes: , -' Eaton, Unsworth, McDaniel, Amen, Toerge and Hillgren No None ., ecusals: Hawkins SUBJECT: West Newport Amendments — (PA2010 -182, PA2010 -190, and PA2011 -014) ITEM NO.3 6904, 6908 -6936, and 6480 West Coast Highway PA2010 -182, PA2010 -190, Commissioner Hawkins returned to join the meeting. AND Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code to change PA2011 -014 the designations of three properties from Two -Unit Residential (RT and RT -E) to Visitor Approved 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. Javier Garcia, Senior Planner, gave a brief overview of the staff report with a PowerPoint presentation. He mentioned that the original recommendation was to change all three properties to Visitor Servicing Commercial (CV), but that General Commercial (CG) is more appropriate for 6480 West Coast Highway, even though the applicants proposed Mixed Use - Vertical (MU -V). Commissioner Hawkins asked as to the reason of the change in decision of not going forth with the Mixed Use - Vertical (MU -V) land use designation. Acting Planning Director, Jim Campbell, responded that the reason for the recommendation of General Commercial (CG) is that it would allow for a broader list of uses thereby achieving the goal of the applicant to protect, preserve, and continue the existing commercial and residential uses. Commissioner Hawkins also disagreed with staffs assessment of the aesthetics of the Frog House. Chairperson McDaniel stated that in addition to considering the applicants' requests, there was a need to look at the long -term needs of the City as well. Page 3 01"63 NEWPORT BEACH PLANNING COMMISSION MINUTES 04107/2011 A discussion ensued regarding the development feasibility of the three properties to be pursuant to the Mixed Use - Vertical (MU -V) land use designation standards. Mr. Garcia noted that for the Kennard Property (6480 West Coast Highway) it would prove challenging as a mixed -used development as it would require nine (9) parking spaces, which would be difficult to provide. Therefore, the CG (General Commercial) would be staffs recommendation for this property. Paul K. Watkins of Watkins, Blakely, & Torgerson, LLP, representing The National Cat Protection Society stated that the Mixed Use - Vertical (MU -V) land use designation would not work as it would preclude the organization from providing basic veterinarian services and boarding of cats. Mr. Campbell clarified that there would be no issue as it would fall under the legal non - conforming use Chapter of the Zoning Code and therefore would not be subject to abatement and there would be limits to any expansion. He added that som e modifications to the property would be acceptable. Commissioner Eaton asked as to the constraints that the Public Notice placed on the Planning Commission's ability to change the zoning. It was determined that the Commission is not limited to the zoning mentioned exclusively in the Public Notice and any recommendation that the Commission deems acceptable can be made to the City Council. In response to a question from Commissioner Eaton regarding noise impacts, Mr. Campbell noted hat the interior impact of traffic noise from West Coast Highway would be mitigated by a sound wall barrier and also by triple -paned windows meeting the minimum standards for residential properties. Mr. Watkins, representing The National Cat Protection Society, was satisfied with either Mixed Use - Vertical (MU -V), General Commercial (CG), or Visitor Serving Commercial (CV) as long as there was assurance from Mr. Campbell that there would be not any abatement. Mr. Campbell reiterated there would be no abatement for a continuation of this use under the legal non - conforming use Chapter of the Zoning Code- T.K. Brimer, Owner of the Frog House, would like for his properties to continue business use as well as retain residential use. He requested that his property be designated Mixed Use - Vertical (MU -V). Commissioner Hawkins asked if Mr. Brimer and Mr. Watkins were prepared for the risk involved with the Mixed Use - Vertical (MU -V) before the Coastal Commission; the other alternative is Visitor Serving Commercial (CV) that would likely not pose a concern for the Coastal Commission. In response, Mr. Brimer stated that he was prepared for that risk. Mr. Watkins stated that whatever poses less risk before the Coastal Commission. and if it is Visitor Serving Commercial (CV), that is preferred. The proprietor of the National Cat Protection Society indicated that he was fine with that risk. Commissioner Toerge clarified the differences of the three zoning options for Mr. Watkins and mentioned that if there was an intent to modify, then Mixed Use - Vertical (MU -V) or Visitor Serving Commercial (CV), would not allow present use and would be subject to restrictions; however, if there was no intent to modify the existing use then Mixed Use - Vertical (MU -V) or General Commercial (CG) were viable options to consider. As a result, Mr. Watkins stated that the preference was that of Mixed Use - Vertical (MU -V). Public comment period was opened. George Lesley, a resident of Newport Beach, asked how the noise impact would be mitigated for the residential part of the mixed -use development. Commissioner Hawkins stated that the zone is currently residential and that the noise impact would be mitigated by insulation and triple -paned windows. Page 4 oP534 NEWPORT BEACH PLANNING COMMISSION MINUTES 04/07/2011 Public comment period was closed. Motion made by Commissioner Toerge and seconded by Commissioner Hawkins, to adopt a resolution recommending the City Council approve amendments to the Land Use Element of the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designations from Two -Unit Residential to Mixed -Use Vertical (MU -V) for properties located at 6904, and 6908 -6936 West Coast Highway (PA2010 -182, and PA2011 -014); and to Commercial General (CG) for the property located at 6480 West Coast Highway (PA2010 -190) with the following modifications: • Addition of the fallowing Finding to the Resolution: "The subject property at 6904 West Coast Highway is occupied by a veterinary and animal boarding care facility which was established by benefit of Use Permit No. 353 in 1957 (Animal Hospital) and its subsequent amendments in 1973 and 1994 (established the current National Cat Protection Society use as a cat care and boarding facility), are legal nonconforming uses and any future changes are subject to the provisions of the Nonconforming Uses and Structures Chapter of the City of Newport Beach Municipal Code (currently codified as Chapter 20.38)." • In addition, the changes amending the Resolution and Exhibits reflecting the motion made. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge and Hillgren Noes: None STAFF AND COMMISSIONER ITEMS -`- Planning Director's report: ITEM NO. 4� City Council approved: o Use - Permit for Crow Burger o Santanella Terrace Amendment • City Co cil received and filed: o General Plan Progress Report • City Council a led MOU to proceed with the Rhine Channel clean-up begin in August. • A permanent Community De_ velopment Director will b� ed in the coming weeks. \\ • Malarky's application has been appealed by Councftmember Hill and is to be heard at the April 26, 2011, City Coun ' Meeting. • Councilmember Curry appealed Broadmo r`s'et -back determination and will be heard at the May 10, 2011, City Counci eeting. • In -Lieu Parking, Review Authorit, r Alcohol related Minor Use Permits, and Appeal Fees recommendationsr will be before the Council on a future agenda. Planning Commission reports �,_� `� ITEM NO. 5 Announcements on mattefs that Commission members would like placed one future agenda for discussion ITEM NO. 6 action, or report. - None Requests for used absences — Commissioner Toerge and Commissioner Amem, ITEM UT NO. 7 requested to a excused from the April 21, 2011 Planning Commission Meeting. \ ADJOURNMENT: 8:04 p.m. MICHAEL TOE RGE, SECRETARY �\ ,CITY OF NEWPORT BEACH PLANNING COMMISSION \ Page 5 of�J5 70 General Plan and Coastal Land Use Plan Consistency Determination ATTACHMENT No. CC 6 77 72 GENERAL PLAN AND COASTAL LAND USE PLAN CONSISTENCY DETERMINATION: 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. GENERAL PLAN POLICY I CONSISTENCY ANALYSIS Polity LU 3.1 - Growth and Change states as Proposed amendments are consistent with this policy. 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 density /intensity 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. Policy LU 3.3 - Opportunities for Change states in port 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... • West Newport Area: consolidation of retail and visitor- serving commercial uses, with remaining areas developed for residential units... 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 polity 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 create development that would be complementary in type, form, scale, and character and would provide for future revitalization when economic factors allow redevelopment. Proposed amendments are consistent with this policy. Staff believes that this policy was implemented with the adoption of the land use plan map of the General Plan Update that included designating several underperforming commercial properties to residential. The National Cat Protection Society property was re- designated in 2006 with the adoption of the land use plan map. 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 contract the commercial district when economic factors warranted and the continued commercial use of those properties was no longer viable; in order to strengthen the viability of the commercial centers at the two signalized intersections. However, as evidenced by the continued existence of these uses, keeping them as designations that allow commercial uses appears to be a more sound land use �9 M policy in this particular case. The proposed amendments will provide opportunities for improved development in furtherance of the policy when economic conditions permit and 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 which would have the opposite effect of revitalization. COASTAL LAND USE PLAN POLICY CONSISTENCY ANALYSIS Coastal Land Use Policy 2.1.3 -2 states as follows: Proposed amendments are consistent with this polity. Allow local and visitor serving commercial retail The subject properties are within close proximity of these two consistent with the CV category in two centers at locations (each are one to one -half block west of these Prospect Street and Orange Street. commercial centers) and the proposed MU -V or CG -B category is consistent the policy because they allow 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 MU -V, CG 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. M RELEVANT INFORMATION: 6480 West Coast Highway FOR PA2010 -190 GP2010 -013 CA2010 -013 LC2010 -003 ATTACHMENT No. CC 7 21- 22 ArcIMS "iewer 4% ht tp: / /www6.city.newport- beach.ca. us/website/nb_ info /MapFrame.htm Page ' of Z w 0 vi Y, n410 I. 'n I I 24 Project (Description and Justification Statement 64 €0 W. Coast Hwy., Newport Beach, Ca. This property consists of a commercial building and parking lot, Fronting W. Coast Hwy.in West Newport Beach. It has a parking lot, as well as a sidewalk along Coast Hwy. for pedestrians. Commercial property in this end of Newport Beach is very limited, therefore much needed to serve the surrounding community. Due to the City of Newport Beach General Plan changes, this property was rezoned to Residential, without our request to do so. We have owned this property since 1976 (34 years). It has been used 100% of that time as a commercial property. The previous owners had also used it only as commercial. It has never been used otherwise. It was built solely for commercial usage. It is not feasible to move the building to another location. We would have to sell this property, and then purchase another commercial property elsewhere. We are not able to qualify for a loan, so would not be able to purchase another property. This cannot be used as residential. If we cannot continue to rent it to a business tenant, then we would lose all income derived from the property, which would be detrimental to our livelihood. Please rezone this property back to a commercial zoning. Sincerely, B. Jeffrey Kennard Lorraine Kennard 25 I 20 RELEVANT INFORMATION: 6904 West Coast Highway FOR PA2011 -014 GP2011 -002 CA2011 -003 LC2011 -001 ATTACHMENT No. 8 22 \rcIM" ewer �a i 4b `06 bb l� b� J http: / /www6. city. newport- beach. ca. us /website /nb_info/MapFrame.htm 1370 �7 4r4 Pag -)f 2 1p , W(D s- C s-f J+wy 04101;201 1 90 EXHIBIT A Project Description and Justification 6904 West Pacific Coast Highway, Newport Beach, California 92663 (APN: 424 - 432 -07) (the "Property ") The National Cat Protection Society (the "Society ") purchased the Property in 1993 from Dr. Robert B. Nevin (a veterinarian) who previously used the Property as a veterinarian clinic. The Society has cared for and protected homeless cats on the Property for the past eighteen (18) years (and, indeed, the Society has been performing its good work dating back to 1968). In July of 1973, the prior commercial zone for the Property was established by virtue of the Newport Shores Specific Plan No.4 (Ordinance No. 1497) and that zoning remained unchanged for 37 years until November 25, 2010 when the zoning for the Property was changed to R -2. It is our understanding that for many years prior to 1973 (perhaps dating back to the 1950's), the property was zoned commercial; thus, the commercial zone may indeed have been in place for the Property for as long as 60 years. No physical changes or usage is contemplated for the Property. The Society simply requests that the former commercial zone established perhaps 60 years ago (which continued unchanged until the new Zoning Code became effective on November 25, 2010) be reinstated so that the Society may continue its worthwhile nonprofit community service of caring for and protecting homeless cats. Thank you for considering our request. The National Cat Protection Society PA2011.014 for GP2011 -002 CA2011.003 LC2011.001 6904 West Coast Highway :L The National Cat Protectior Society J ' IF GRANfP.L, NOT EFFCTI9E 353 UN:`IL 15 UAT$ s4TER 7!�'�s� s USE FRMIT APPLICATION NO• OF OMIT, ' J lJJ c 0 NC.' EC 0: - - EEA'-' 8/6/57 IN)S'fRL'CTIGiiS. OEA' C` FULL 'I:irtA A'.7T OR US LEGAI REPRESI:NT'AT29E MIST BE FP.S. "3NT AL n1 fl1Elotk* LL OUT TH'S APPLICATION COiVI& lY It MOST be accompained by a Plot_ap 1t1�1�/rAyte d;pvn to scale;,. -and with correct di;gmions, showing in detail all boundaries, existiag• buildings, - proposed alterations and.addit= ions. The Applicant :asst sign the 'Use—Permit" within thirty (30). days after granting. 7� to -. f /P. Stn Lic'GT �EJu �y02 -904 cn.si l�w� _ 2. L015�4 S (, 9LCCX � _SECTION TRACTS:d A. Gcwy ZONE -1 jajw 3. HEARING DATE Aug 22, 1957 TIME 8300 P.N. 4. Application is hereby rude for a Use Permit from Section_910a:42(a) 'topermitr� �y` hSalaircleaCi _�K %N AA-, OL ryos•.TR� L There are 2 sheets attached to and made 'a par, „f ctds Application. I NaMby .' certify t t t e foregoing statements, maps, dr0riW;,plans. and specifications attach- ed hereto are true and correct. If granted this Use.Permit will not adversely affect persons msiding or working in the neighborhood I furthar conaont to any permit - issued in reliance thereon being mwll. and void in tbe=ehPeet the7. -aze not true and cor- - -- 7 0� 3 e aeesa FOR DEPARTIr -ATAL USE ONLY P NiNG uumua lue Aurlux n accord with ect on A Use Feradt tw above Applicant subject to requirraents 7- govermoentel,`egerciee -wing jurisdiotion and subject to the following: - -- - - The appli,-Ant must improve his Property in accordance with the plans submitted with his an ,)lication ffi wderaigned hereby agrees to all the abo coa5iff bns:- i � •� r Y ii DA'Is..5: Piled 8/b/ °7 - Nearing 8/22/x7 Published Newspaper FINDINGS OF PLANNING CCd2'SSSICN: The Committe'ti`- reFrted the }: -the applicant spend Pnnroximately $15,000 in the: tliprovameht -of tile - building which is to Le for an animal hbspitd3st" Recommendation of annroval of the an::lication was made siibjea£ -.'to the above dondi_tion GRsh"£"Dr. - By City Planning Co!:u¢issicn GRANTED - :By the city Council on the on the 22 -d day of A,Tyet 19 day of:— - 19 ! I Y. Cope ' , Secretary - Margery Schroudor, City Clark Newport Beach City Planning Cownissior. Neimort Ueac i Califo n I}}I �� ' USE PERMIT APPLICATION No. d,s r� '353 CITY OF NEWPORT BEACH App _ lication Rec i -d by Department of Community Development Fee: $150.00 Zoning and Ordinance Administration Division 3300 Newport Boulevard Phone (714) 573 -2110 Applicant (Print) nR. Przbdr-� Q NEv/N__Phone_870-107s? Mailing Address._ O. 84�,c �zza rr,'i,>- 1rkT�Pl, Gf4�i� 92632- Property Owner Mailing Adere Address of Property Involved F1...Y sr, N a...AOY2T >3ra. -rte+ Purpose of Appllication (describe fully)_�d, ,�,;,;, c;✓O rYO tf ;2-_ Zone c -1 (a -z ap rer4)esent use (/A44C vT Legal Oescriptl y o/f P°o per$ Inrvolrvee d (if oo long,attach - separate sheet) v r '7, < OWNER'S AFFIDAVIT (I) (We) depose and say that 11 am we are the owners o t o. property ies nvo ved in this application. (I1 (We) further certify, under penalty of perjury, that the foregoing statements and answet's—iherein contained and the information herewith submitted are in all res ec s xt ue and correct to the best of (my) (our) knowledge and belief. sl'/ : /rG Signatures) � NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed Fee Pd. -- Receipt No.= Hearing Date I/ / 7 3 Publication Date v Posting Date i//gZA Mail Date__#(�73 r P. C. Action A.11hu J Y Date ,. Appeal C. C. Hearing _. C. C. Action Y use�)t ��► 93 USE PERMIT APPLICATION CFIT OF NEWPORT BEACH No. UP --35-�3 ""2&yZLZfr. Applica PLANNING DEPARTMENT Fee: S 1!2211�71'127 - 3300 Newport Boulevard P.O. Brut 1768 Ne%port Beach, CA 92658-8915 (714) 644-3200 9.'z ✓ APPLICANT PPUCANT (Print) , 4, - i 51 PHONE 310 A k1,ULINGADDRESS /F.�.c i..,,r 17X&s;• 1,AE4 L ;1. . , , r. 4 PROPERTY OWNER < PHONE MAILING ADDRESS 5--)'1 < ADDRESS OF PROPERTY INVOLVED Iva io C,, PURPOSF OF APPLICATION (describe fully) I t6t 1-n=ur t4i ILE [cl io' All I'J" C' 60- re 4 r 6i, ZONE S ��-Ll PRESENT USE "'Ll i4P IN C L,2 fs� L LEGAL DESCRIPTION OF PROPERTY INVOLVED (if too long. attach separate beel): 7- OWNER,s AFFIDAVIT ✓0) *Oc� an that am (We) NA t7 CIQA C 0,4 r' 8A SOS- depose and at(I )(we are) the owners) of the property(ies) involved in this application. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the t of (my) (our) - knowledge and belief. - T - '-�Sisnature(s) . I Ac NOTE: An agent may sign for the owner if written authorization front the record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS UNE [).,ie Filed Fee Pd. Receipt No. Hearing Dat. Posting Date Mail Date P.C. Action j! Date L ApNal C.C. Hearing C.C. Action Date ?114 ti CJIIIIKI88IONERfi MINUTES . ROLL CALL Notion Ayes Absent i.i psYO CITY OF NEWPORT BEACH April 7, 1994 1INDEX APPLICANTS: Newport Via Lidn Associates and Lido Partners, Ltd., Orange and Ne rt Beach OWNERS: Same as applicants James Hcwickcr, Planning Dire requested that this item be continued to the Planning mission meeting of April 21, 1994, I so as to allow additio tme to resolve concerns regarding the ` I Motion wernadc and voted on to continue Item No. 2 to the Apr' 1, 1994, Planning Commission meeting. MOTION CJARRIED. quest to amend a previously approved use permit that permitted establishment of an animal hospital on property located in the nmercial area of the Newport Shores Specific Plan Area. The posed amendment involves a request to change the previous mal hospital use to a cat care and boarding facility and :o mit alterations and additions to the existing building in junction with the change in use. The proposal also includes a dification to the Zoning Code so as to allow the proposed Iding addition to encroach 2 feet into the required 5 foot rear d setback adjacent to residentially classified property. CATION: Lots 3 -6, Block 9, Seashore Colony Tract, located at 6902 West Coast Highway, on the northwesterly corner of Fern Street and West Coast Highway, in the Newport Shores Specific Plan Area. ,NE: SP-4 4. Item No.3 U! )53(A) - Approved 9� COIN MISSIONERS ROLL CALL ;APPLICANT I j OWNER: I i The public ht Mr. Richard l Angcic.% app f{ the applicant. No. 7, Exhibi to the issuam Director, sul Commission Commission i referred to G 15 foot radius Commissions to arorementi the modifica discussed the setback adjaa There being n hearing was c w cto, • Motion was n Ayes a (Amended) st Abselt and modify t necessary, shat CARRIED. Findinys- 1. That ti, Use Ell i Progral surrour CITY OF NEWPORT BEACH MINUTES April �, i994 INDEX National Cat Protection Society, Long Beach Same as applicant raring was opened in connection with this item, and Tanzer. Attorney, 3345 Wilshire Boulevard, Los :arcd before the Planning Commission on behalf of Mr. Tamer requested a clarification of Condition "A ", regarding Coastal Commission approval prior x of a building permit. James fiewicker, Planning Bested that the applicant contact the Coastal regarding a clarification inasmuch as the Coastal equires the approval and not the City. Mr. Tanzer Indition No. 5, Exhibit "A ", and he indicated that the corner cut -off currently exist%. Edwards recommended that "as necessary" be added oned Condition No. 7. Mr. Tanzer concurred with ion. Commissioner Edwards and Mr. Tanzer 2 foot encroachment into the 5 foot rear yard mt to the residential property. 0 others desiring to appear and be heard, the public oned at this time. Lade and voted on to approve Use Permit No. 353 bject to the findings and conditions in Exhibit "A ", :ondition No. 7 to state that ..tire applicant as I obtain Coartal Conunistirnt approval.. MOTION e proposed application is consistent with the land ement of the General Plan and the Local Coastal n Land Use Plan, and is compatible with ding land uses. .5. COMMISSIONERS P CITY OF NEWPORT' BEACH MINUTES April 7. 1994 INDEX That adequate parking exists on -site for the proposed development. That the change in the operational characteristics of the subject facility will not have any significant environmental impact. That the additions to the animal hospital will be insulated in such a manner as to restrict animal noises to the interior of the facility. That any noise that might have previously been associated with harking dogs will he eliminated, inasmuch as the proposed change in use is associated solely with the hoarding and care of cats, and that such use will be confined to the interior of the building. That the proposed building encroachment into the required rear yard setback will not affect the flow of air and light to the adjoining residential property. That the proposed rear yard setback encroachment is an extension of an existing building which currently maintains a rear yard setback of 3 feet. That the approval of Use Permit No. 353 (Amended) will not, under (he circumstances of this case, he detrimental to ,he health, safety, peace, morals, comfort and general Nelfare of persons residing and working in the neighborhood or he detrimental or injurious to property ind improvements in the neighborhood or the general Helfare of the City, and further that the proposed modification to the Zoning Code to allow the proposed wilding to encroach 2 feet into the required 5 foot rear yard setback is consistent with the legislative intent of Title ?0 of the Newport Beach Municipal Code. -G- 97 ROLL CALL l I , :2. 3. i j � I 4. 5. b. IJ 7. P CITY OF NEWPORT' BEACH MINUTES April 7. 1994 INDEX That adequate parking exists on -site for the proposed development. That the change in the operational characteristics of the subject facility will not have any significant environmental impact. That the additions to the animal hospital will be insulated in such a manner as to restrict animal noises to the interior of the facility. That any noise that might have previously been associated with harking dogs will he eliminated, inasmuch as the proposed change in use is associated solely with the hoarding and care of cats, and that such use will be confined to the interior of the building. That the proposed building encroachment into the required rear yard setback will not affect the flow of air and light to the adjoining residential property. That the proposed rear yard setback encroachment is an extension of an existing building which currently maintains a rear yard setback of 3 feet. That the approval of Use Permit No. 353 (Amended) will not, under (he circumstances of this case, he detrimental to ,he health, safety, peace, morals, comfort and general Nelfare of persons residing and working in the neighborhood or he detrimental or injurious to property ind improvements in the neighborhood or the general Helfare of the City, and further that the proposed modification to the Zoning Code to allow the proposed wilding to encroach 2 feet into the required 5 foot rear yard setback is consistent with the legislative intent of Title ?0 of the Newport Beach Municipal Code. -G- 97 CO11m1SISSIONERS � O • CITY OF NEWPORT BEACH MINUTES April 7, 1994 INDEX the proposed development shall be in substantial nrmance with the approved plot plan, floor plan and ttions, except as noted below. the expanded animal hospital shall be insulated in a manner as to restrict animal noises to the interior of acility. air conditioning shall be installed and operable at all s. Exterior doors and windows shall be kept dosed. the existing trash enclosure he relocated within the :ct so as not to interfere with the usage of the parking a 15 foot radius corner cut -off be dedicated to the c at the corner of pern Street and West Coast way in conjunction with the proposed project prior to issuance of a building permit, unless otherwise 3ved by the Public Works Department. a lot line adjustment to combine the subject lots into gle parcel shall be recorded prior to the issuance of a ing permit. the applicant as necessary, shall obtain Coastal mission approval of this application prior to the nce of a building permit. the Planning Commission may add or modify tions of approval to this use permit, or recommend to Ity Council the revocation of this use permit, upon a minalion that the operation which is the subject of this rermit causes injdry, or is detrimental to the health, r, peace, morals, comfort, or general welfare of the lunity. 7- I ROLL CALL I --.. _.... _.. j Conditions � I Tha conl cicv 2. Tha such i the 3. Tha time 4. Tha prof area 5. Thai publ Higl the appr 6. Thai a sin I bunt 7. Thal Corn issua 8. That cond the ( deter use I safet I� court • CITY OF NEWPORT BEACH MINUTES April 7, 1994 INDEX the proposed development shall be in substantial nrmance with the approved plot plan, floor plan and ttions, except as noted below. the expanded animal hospital shall be insulated in a manner as to restrict animal noises to the interior of acility. air conditioning shall be installed and operable at all s. Exterior doors and windows shall be kept dosed. the existing trash enclosure he relocated within the :ct so as not to interfere with the usage of the parking a 15 foot radius corner cut -off be dedicated to the c at the corner of pern Street and West Coast way in conjunction with the proposed project prior to issuance of a building permit, unless otherwise 3ved by the Public Works Department. a lot line adjustment to combine the subject lots into gle parcel shall be recorded prior to the issuance of a ing permit. the applicant as necessary, shall obtain Coastal mission approval of this application prior to the nce of a building permit. the Planning Commission may add or modify tions of approval to this use permit, or recommend to Ity Council the revocation of this use permit, upon a minalion that the operation which is the subject of this rermit causes injdry, or is detrimental to the health, r, peace, morals, comfort, or general welfare of the lunity. 7- CORIMSSTONERB CALL Motion I Ayes Ih e a Absent a 9 NI IN il TI:S CITY OF NEWPORT BEACH April 7, 1994 INDEX — That this use permit shall expire if not exercised within 24 months from the date of approval im specified in Section 20.80.090A of the Newport Beach Municipal Code. to permit the establishment of a take -out restaurant ecializing in baked food items, with incidental seating on ocated in "Commercial Area 14" of the Harbor View J Community, and a request to waive a portion of the of . cc parking spaces. DN: Lot 1, Tract No. 9014, located at 2670 San Miguel Drive, on the southeasterly comer of Nn Miguel Drive and Ford Road, in the N ort Hills Commercial Center of the Har r View Hills Planned Community. 4E: P -C LICANT: McFaddc s ke Shoppe, Inc., Newport Beach NER: The Irvine Compan Newport Beach public hearing was opened in connecti0 with this item, anJ Earl Gibbs appeared before the Plannin Commission on df of the applicant. He concurred with t findings and litions in Exhibit W. •e being no others desiring to appear and he heard, I public ing was closed at this time. on was made and voted on to approve Use Permit No. 3 ect to the findings and conditions in Exhibit "A ". MOTTO -g- item no,4 UP3523 Annroved A IM < 4"LLL'y BUIL01w, EXISTING BUILDINS Fe" 5TREET �X 5TJNS PROPOSED SITE PLAN NATIONAL GAT PROTECTION SOCIETY - NEWPORT BEACH FACILITY PROJECT DATA PROPOSED ADDITION ^pKRCJ K- o ac cro 4r OP2 57Z r :L PKOP05rO FLOOR PLAN ALMRATFONS NATIONAL CAT PROTECTION SOCIETY - NEWPORT BEACH FACILITY KAM 11 ai I 1. M KAM 11 ai I 102 RELEVANT INFORMATION: 6908 -6936 West Coast Highway FOR PA2010 -182 GP2010 -002 CA2010 -012 LC2010 -002 . 4 loo 1-04 12/6/10 Project Description and Justification Frog House Zoning RT change to MU -V Conform to 47 years of existing use. Property has been mixed use since the frog house retail started in 1962 and before. Residential home also exists on subject property. Thank You TK Brimer Frog House PA2010 -182 for GP2010 -002 CA2010 -012 LC2010 -002 6908 West Coast Highway The Frog House 105 s 100 ArcIMS "ewer Page )f 2 http: / /www6.city.newport- beach. ca. us /website /nb_info /MapFrame.htm wog- 693& W esf ('e ,+ 03/08/2011 102 N PagF ' of 1 http: / /www6.city.newport- beach. ca. us/ websitel Signinfo lSignPicsNS2006- 391IE0021.JPG 03/08/'_01: 110 CITY CHARTER SECTION 423 ANALYSIS ATTACHMENT 112 Coastal Land Use Plan Consistency Amendment (PA2010 -052) Charter Section 423 Analysis Proposed! Totalsqusre Allowed Allowed Existing Traffic Lend Use Proposed Proposed Traffic Lend TOM] tlu Atltlms Existing Development GP Density Intanchyrlfloor area Description Existing AM Existing PM Proposed GP density Use Description Plopoaed AM Proposetl PM AM CMrlge PM Charge changes bolos Aroa changes Area A. PREVIOUS APPROVAL - GENERAL PUN AMENDMENT NO. GP2010.001 - STATISTICAL AREA Bt 1.875-squarnfoot let is fully 0230- Commercial blended rate 6306 W. Coast Highway developed with a single- RT 1 0 Residential/Condominium 0" 0.54 CV 0 5 0 937.50 per Council Policy A -18 22 1 3.75 2.37 3.21 .1 937.50 story commercial office Townhouse (0.44AM/0.54PM (3.0 AM 8 4.0 PM trips per building. trips Per unit) 1,00040 ill Commecial blended rate 2,250-square -foot lot Is fully Residential /Condominium per Council Policy A -18 6308 W, Coast Highway developed with a two story RT 2 0 Townhouse (0.44AMd).54PM 0.88 1 OB CV 0.5 0 1,125.00 (3.0 AM B 4.0 PM traps per 3.38 4.50 2.50 341 2 1.125.00 commercial office building. trips per unit) 1.000s0 2.250-square foot Mt is fully 0230 - Cdnmerclal blended rate 6310 W. Coast Highway developed wiN a single- RT 2 0 Residen6altCondominium 0.88 1.08 CV 0.5 0 112500 per Council Policy A -18 3.39 4.50 250 3.42 -2 1.125.00 story restaurant (Big Boy Townhouse (0.44AMI0.54PM (3.0 AM 8 4.0 PM Miss per Deli) trips per unit) 1,00080 SUBTOTAL STATISTICAL AREA 81 A 2.20 270 0 3187.50 9.56 12.75 7.36 10.05 .5 3187.60 00% of Proposed Intensity. FAR 2,550.00 7.65 10.2 8.02 8.04 4 2,560.00 B. GENERAL PLAN AMENDMENT NO.OP2010-013 - STATISTICAL AREA 81 4.136 - square fool lots 0230- Canmercial blended rate 0480 W. Coast Highway, APN 0454)8315 (Map ID developed wit a 1.800 RT 2 000 ResidentiallCondomintum 0.86 1.08 CG 0.5 0 205800po Council Policy A -18 820 817 532 7.19 2 206800 1) square foot, single story Townhouse (0.44AMIO.54PM (3.0 AM 8 4.0 PM trips par commercial budding. Mpg per unit) 1.0004 SUBTOTAL STATISTICAL AREA BI -B 0.88 1.08 0 2.088.00 6.20 8.27 872 7.to 11 -2 .00 C. GENERAL PLAN AMENDMENT NO.OP2011402 - STATISTICAL AREA 81 The National Cat Society, MU-V, alows FAR 9220 - Aparbnent Bevel square fool lot 0230 - 0.75 only w/ (0.51AM/0.62PM Mpg per 8904 W. Coast Highway, APN 42N32 -07 (Map ID developed with a 4.401 RT 2 000 m 0.88 1.08 residential use; if 5 8,711.00 a1 unit) 8 Cote 22.88 29.94 21.80 28.88 3 6,7110 . 2) square tool single -story TownhntieV0on4AMM. Townhouse (0.44AMN.54PM commercial only blended per par commercial building. MPs per unit) FAR 0.5 Max Policy A -18 (3.0 AM 8 4.0 18 ( M & 4. PM Mps per 1,000sf) SUBTOTAL STATISTICAL AREA 811C 0.88 1.08 5 0.711.OD 20.13 26.84 3 11,71111.011 D. GENERAL PLAN AMENDMENT NO. OP2010402 . STATISTICAL AREA 01 MU -V, allows FAR 0220 - Apartment THE FROG HOUSE, 1,835 9230 0.75 only w/ (0.51AMI0.62PM Mpg per 8908 W. Coast Highway, APN 424.432.08 (Map ID square -fool id oevdope0 RT 1 000 ResidenballCondominlum 044 054 residential used 1 1,378.25 unit) 8 Commercial 464 6.13 420 5.59 0 1.37625 3) wIMasingle -stay Townhouse (0.44AM/0.54PM commerdal only blended rate par Council commercial building Wits Par unit) FAR 0.5 Max Policy A-18 (3.0 AM 8 4.0 PM Mpg Per 1,000s0 MU -V, allows FAR 0220. Aparbnenl 2,278 square -foot lot 9230- 0.75 only col (0.51AM10.62PM trips par 6936 W Coast Highway. APN 424 - 132 -10 (Map ID 5) developed with a portion d RT 2 0.00 Residential /Condominium 0.88 1.OB residential use rc 1 1,708.50 unit) & Canmercial 5.64 7.45 476 6.37 .1 1,708.50 Townhouse (0 44AMrO.54PM blended role per Council a single -story residence Inps per unit) c rnmercial only Polity A -18 (3.0 .0 51 FAR 0.5 Max PM Mpg pa 1,000s0s 0 MU-V, allows FAR 0220 - Apariment 2.165 square -fad Id •230 - 0,75 any col (0.51AMI0.62PM Mpg per 6900 W Coast Highway, APN 424 -432 -05 (Map ID 4) tlevalopetl with a potion of RT 2 0.00 Reside ium 0.88 1 OB resitlen0al use', if 1 1.823.75 uniq 5 Commercial 5.38 7.12 4.50 6.04 -7 1,823.75 a single -story residence Townhouse (O d4AM/0.54PM usis (O"AM1 hips per unit) commercial only blended rate per Council Polity A-18 (3.0 AM 8 4.0 FAR 0.5 Max PM trips per 1.00030 SUBTOTAL STATISTICAL AREA 81-D 5 0.00 220 2 70 3 4,708.50 157 20.7 13AS 1756 -2 4,70850 TOTAL STATISTICAL AREA B 16.037.50 49.64 66.01 40.47 6206 5 16,037.50 04/22/2011 Page 1 of 1 114 ADDITIONAL CORRESPONDENCE ITEM NOS. 3A THROUGH 3H ATTACHMENT N®. CC 11 115 110 P. ARNSEN BLAKELY* JOSEPH MANCINI NOEL K. TORGERSON' PAUL K. WATKINS• 'A PROFESSIONAL CORPORATION BY HAND DELIVERY Earl McDaniel, Chairman LAW OFFICES OF WATKINS, BLAKELY & TORGERSON, LLP SUITE 810 535 ANTON BOULEVARD COSTA MESA, CALIFORNIA 92626 -7047 TELEPHONE (714) 556 -0800 FACSIMILE (714) 641 -4012 March 28, 2011 City of Newport Beach Planning Commission Community Development Department Planning Division 3300 Newport Boulevard Newport Beach, California 92663 Correspondence Item No. 3a West Newport Amendments PA2010- 182,PA2010- 190,and PA2 011 ALNA'S EXTENSION 2108 AUTHOR'S E MAIL ADDRESS: pawl @lawlriend.com http:/Iwww.lawfriend.com File No. I I flVd&ED BY PLANNING DEPARTMENT MAR 2 9 2011 CITY OF NEWPORT BEACH RE: The National Cat Protection Society, , a California nonprofit corporation; 6904 West Coast highway, Newport Beach, California 92663; APN 424 - 432 -07; General Plan Amendment to Change Zoning from R -2 (Two -Unit Residential) to MU -V (Mixed -Use Vertical) Dear Chairman McDaniel: I. Background Our law firm represents The National Cat Protection Society, a California nonprofit corporation (the "Society "). The Society owns and occupies a commercial building located at 6904 West Coast Highway, Newport Beach, California 92663 (the "Property "). Enclosed for your information is a series of pictures of the Property. The Society has cared for and protected homeless cats at the Property for over eighteen (18) years without incident, noise, or community disruption of any kind. The Society (and its commercial operation) has truly been a model citizen. We believe that until recently the Property was assigned a commercial zone dating back to the 1950's — perhaps as long as 50 years. 11:�L Earl McDaniel, Chairman Nettpor! Beach Planning Commission March 28, 2011 Page 2 RECEIVED BY PLANNING DEPARTMENT MAR 2 8 2011 CITY OF NEWPORT BEACH When the new Zoning Code became effective on November 25, 2010, the old mixed use zone (including commercial) for the Property (SP -4) was replaced with anew residential zone (R -2, Two - Unit Residential). It is our understanding that under the General Plan, the zoning for the Property and several others fronting PCH was changed to an R -2 zone with the thought that when the properties were redeveloped in the future, the highest and best use would be residential. Then, in light of the Council's decision to abate all non - conforming uses in 2008, the Property was designated for abatement. (Please see the enclosed letter dated January 14, 2011 fiom James Campbell, Acting Planning Director, Planning Department, City of Newport Beach.) As indicated in the letter, the Society was instructed to abate the non - residential use of the Property by November 25 of this year. On January 26, 2011, the Society filed an Application for a General Plan Amendment to restore a commercial zone for the Property. I am also enclosing a letter dated March 17, 2011 from the Newport Beach Chamber of Commerce supporting the reinstatement of the commercial zone. II. What is the Society Requesting? We understand from Mr. Jay Garcia (Senior Planner) that the Planning Division of the Community Development Department has recommended that the Property be rezoned MU -V (Mixed -Use Vertical) and that the Society's current use of caring for and protecting homeless cats be permitted to continue under the MU -V Zoning District. The Society requests the zone modification to MU -V (Mixed -Use Vertical) and supports the staff recommendation. As you know, Section 20.22.01 OA (MU -V [Mixed -Use Vertical) Zoning District) describes the permitted uses of this zoning classification as follows: "20.22.010 — Purposes of Mixed -Use Zoning Districts A. MU -V (Mixed -Use Vertical) Zoning District. This zoning district is intended to provide for areas appropriate for the development of mixed -use structures that vertically integrate residential dwellingunits above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above." The Society does not presently use the Property for residential purposes, but the MU -V (Mixed -Use Vertical) zone modification would appear to offer the Society more flexibility (combining usage for both commercial and residential purposes) in the use of the Property (including a continuationof the 112 Earl McDaniel, Chairman Newpon Beach Planning Commission March 28, 2011 Page 3 RECEIVED BY PLANNING DEPARTMENT MAR 2 Q 2011 CITY OF NEWPORT BEACH current commercial use), and the Society therefore supports the staff recommendation of the General Plan Amendment to MU -V (Mixed -Use Vertical). Thank you for considering our application. Sincerely, aul K. Watkins for Watkins, Blakely & Torgerson, LLP Enclosures PKW.jbag cc: Ms. Denise Johnston Mr. Richard Tanzer N:IPKW1C1ienls1Tanzer Nall Cal ProlecaonSoclLlr to ChalrMcDaniel Plan Conine 032811.doc Z29 120 ` EMACTIONAL PROTECTION OCIETY m L , a I 40 Q a GZj A rn N M N m W NATIONAL f PROTECTION SOCIETY n 3 � Z y N p m m Y' r-'�y 124 41 9- i 'I ti 120 t: Qffiq Ir NATIONAL SOCIETY 122 01/19/2011 WED 18:22 FAX 949 850 7387 NATIONAL CAT 0002/004 �ywro+t PLANNING DEPARTMENT u PK 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644.3200 Fax: (949) 644.3229 webslte: www.newoortbeachca.M RECEIVED BY January 14, 2011 PLANNING DEPARTMENT MAR 2 8 2011 CERTIFIED MAIL CITY OF NEWPORT BEACH National Cat Protection Society 6902 West Coast Hwy Newport Beach, CA 92663 RE: Termination of a non - conforming use in a residential district 8904 West Coast Hwy (424.432 -07) Dear Property Owner, On October 26, 2010, the City Council adopted a comprehensive update of the City's Zoning Code, The Zoning Code was prepared to implement the land use and development policies of the 2006 General Plan, which Includes the change of a number of commercial properties to residential uses. As a result, the zoning classification for the property located at 6904 West Coast Hwy changed from SP-4 (Commercial) to R -2 on November 25, 2010 (see enclosed map). The Zoning Code establishes the maximum time period for the abatement and termination of nonconforming uses in residential districts. Section 20,38.100.C.1 requires any nonconforming use of land involving a structure to be discontinued (1) within one year of the effective date of the Zoning Code, (2) at the expiration of the term of a lease on the property, or (3) at the expiration of any operating license that is required by State law, whichever is earliest, The Planning Department has Investigated the current use of the property at 6904 West Coast Hwy. The current non - residential use is no longer a permitted use under the R -2 Zoning District. Therefore, the current use is a nonconforming use and is subject to abatement and must be discontinued on or before November 25, 2011. The Planning Department would like to make this transition as trouble -free as possible. We are prepared to meet with you to discuss possible options, which include: • Conversion of the use of the property or redeveloping the property to a residential use. • Requesting a time extension of the abatement period. • Requesting amendments to the General Plan and Zoning Code continue the non- residential use of the property. 1:9 01/19/2011 WED 10:22 FAX 949 050 7307 NATIONAL CAT Ia003 /004 The Zoning Code Includes provisions through which a property owner may request an extension of the abatement period to amortize the property owner's investment to avoid an unconstitutional taking of property. Through this process, the City evaluates evidence of economic hardship arising from abatement, the nonconformity's impact on the community, and other factors that may affect the length of the abatement period required. If you wish to apply for an extension of the abatement of the use of this property, you may gpply at the City Planning Department no later than 90 days prior to Please feel free to contact me at 949-844 -3228 or CCampbell @newportbeachca.gov if you have any questions. RECEIVED BY Sincerely, PLANNING DEPARTMENT MAR 2 8 2011 James Campbell Acting Planning Director CITY OF NEWPORT BEACH Enclosures: Abatement Period Extension Application Zoning District Map FAUsers\PLN1S hared %PA's1PAs- 2010\PA2010.1151Non conforming_Mailed Lettersuan- 14 PO BO_( 15)120110114_Mlssed_PO_(1S).doc ISO �• �' �� _ .. ., ,.� : � � 'yam ,��r w , .wj �. 1� . ,,:% , ..: :.. Ii.. NEWPORT 13EACH CHAMBER OF COMMERCE Building on a Century of Service March 17, 2011 Earl McDaniel, Chair Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 RECEIVED By PLANNING, DEPARTMENT MAR E 8 2Qt! C"OP NEWPORT BEACH RE: The National Cat Protection Society, a California nonprofit corporation; 6904 West Pacific Coast Highway, Newport Beach, California 92663 Dear Chairman McDaniel: The Newport Beach Chamber of Commerce ( "NBCC ") is an association which represents over 700 business owners and operators in Newport Beach. The National Cat Protection Society (the "Society ") has been caring for and protecting homeless cats at 6904 West Pacific Coast Highway (the "Property") for over 18 years. When the new Zoning Code became effective on November 25, 2010, the old commercial zoning (SP4) was replaced with new residential zoning (R -2, TWo -Unit Residential). It is my understanding that under the General Plan, the Society's Property and several others along PCH were changed to R -2 with the thought that when the properties were redeveloped In the future, the highest and best use would be residential. Then, in light of the Council's decision in 2008 to abate all non - conforming uses, the Society's Property became a target for abatement. The Society (and its commercial operation) has been a model citizen. in West. Newport Beach since 1993. It has oared for and and protected homeless..catc without incident, noise, or community disruption of any kind.. . We believe that the Society's proposed General Plan Amendment to revise the zoning from R -2 (Two -Unit Residential) to CG (General Commercial) (which would reinstate the commercial zone in place for at least the past 38 years) Is well taken. The Newport Beach Chamber of Commerce supports this General Plan Amendment for the Society's Property. Sincerely, Richard R. Luehrs, President 1470 JAMBoREE Ronv, NEWPORT BEACH, CALIFORNIA 92660 • PH: (949) 729 -4400 • FAx (949) 729 -4417 • WEB: WWW.NEWFORTBEACH.COM 2S2 Marlene Correspondence Item No. 3b West Newport Amendments PA2010 -182 From: Omar Masry [omar.masry@gmail.com] pA2010 -190 Sent: Tuesday, March 29, 2011 3:39 PM To: Garcia, Jay; Campbell, James; Burns, Marlene PA2011 -014 Subject: Newport Beach Planning Commission Letter (Omar Masry) Attachments: Newport Beach Planning Commission Letter (Omar Masry).pdf Good afternoon. Please convey my correspondence (attached) to the members of the Planning Commission and the project applicants. Regards, Omar Masry i33 OTAMR01 Pie] PAIIfi Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92663 Dear Commissioner(s): I would like to take a moment to convey my strong support for the proposed General Plan Amendment and Zone Change for the following properties: ❖ 6904 West Coast Highway ❖ 6908 -6936 West Coast Highway ❖ 6480 West Coast Highway As a resident of the Newport Shores neighborhood I believe these changes will ensure reasonably appropriate uses remain within the neighborhood; ensure a fair business climate for small business; and demonstrate a good faith attempt by the City to remedy what appears to be a deficiency in the application /interpretation of the non - conformity provision of the City's Municipal Code. Looking forward, I would hope to see the City Council and Planning Commission revisit its treatment of non - conforming uses (through updates of the Zoning Code and clear direction to staff) to allow for more reasonable flexibility so that GPA/ZC's such as the proposed do not need to occur as often. For example: I would hope to see that a non - conforming business such as the Frog House Surf Shop (assuming no GPZ /ZC took place) is allowed to remain in business as long as the business remained safe, habitable, and in continuous operation with no more than a 12 month gap between approval of active business licenses. Specifically, business owners should feel confident that the business could be sold to a new owner who could continue the "use" so long as the project complied with its original conditions and was not deemed a nuisance. As a separate matter, I understand that Cucina Alessa (a fine dining Italian restaurant) located at 6700 West Coast Highway is considering, or has applied for, a change of use to allow for the serving of liquor in addition to it's current beer and wine license. I live close enough to see this restaurant from my window and have been impressed with both the cuisine, as well as its positive impact on the neighborhood (absence of noise, loitering, etc.). Z34 Newport Beach Planning Commission GPA/Z Support Letter March 29, 2011 I support such a proposal on the condition that the restaurant upgrade it's existing can sign to one that does not feature any illuminated sign panel background. For example, a sign composed of reverse halo LED illuminated individual channel letters would be a positive aesthetic improvement that would reflect well upon the restaurant and surrounding neighborhood. I appreciate your consideration. Please convey my correspondence to the applicants and Planning Commission. Regards, Omar Masry i35 Correspondence Item No. 3c Burns, Marlene West Newport Amendments From: Robert C. Hawkins [rhawkins @earthlink.net] PA2010 -182 Sent: Thursday, March 31, 2011 3:12 PM PA2010 -190 To: Burns, Marlene PA2011 -014 Subject: FW: Please let the Froghouse stay! Categories: Red Category From: Chad Penry rmailto:chadpenryCalamail.coml Sent: Wednesday, March 30, 20118:37 PM To: cwunsworthColroadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink. net; bhillgrenCa1)highrhodes.com; ameriCalrbf.com Subject: Please let the Froghouse stay! Hello All, We politely ask you make the right decision and allow the Froghouse to stay in Newport. It is a staple and historical surf shop for California but specifically for Newport Beach. Best Regards, Chad Chad Penry ISO Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:12 PM To: Burns, Marlene Subject: FW: Please save the Frog House! From: sarah @a - enviro - solutions.com rmailto :sarah @a- enviro- solutions.coml On Behalf Of Sarah Kincaid Sent: Wednesday, March 30, 20112:36 PM To: Earl McDaniel; Charles Unsworth; Micheal Toerge; Barry Eaton; Robert Hawkins; Bradly Hillgren; Fred Ameri Subject: Please save the Frog House! Dear Commissioner, I know you have difficult decisions to make. I respectfully ask that you decide to save the Frog House. I grew up nearby, and still visit Newport often. The Frog House is a big draw to the area. Please save this wonderful place. Sincerely, Sarah Kincaid Sarah Kincaid Administrator A+ Environmental Solutions, LLC Web: w .envir- solutions.com Email: SarahZenvir- solutions.com 6898 Soquel Avenue Santa Cn i, CA 95062 Phone: 831476 -9200 Fax: 831475 -5322 137 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:05 PM To: Burns, Marlene Subject: FW: Save The Frog House From: Phillip Rhyu rmailto:phillip.rhyu @ omail.coml Sent: Wednesday, March 30, 2011 11:09 AM To: rhawkinsCabearthlink.net Subject: Save The Frog House Dear Mr. Robert Hawkins, Please change the zoning laws in Newport Beach, CA to save the Frog House. This is a landmark for surfers of California. The friendlyest people and help people get into sport of surfing / water sports. I can remember going to the Frog House every since I started surfing. Thank you for your time and consideration. Sincerely, Phillip S. Rhyu 138 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:04 PM To: Burns, Marlene Subject: FW: The Frog House From: Arne Beckman rmailto:Arne@casterranch.coml Sent: Wednesday, March 30, 20113:13 PM To: cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthl ink. net; rhawkins@earthlink.net; bhillorenCabhichrhodes.com; ameriCcbrbf.com; emcdaniel(d)sunwestbank.com Subject: The Frog House Dear City of Newport Beach, As a former resident of Newport and Costa Mesa I would ask that the Frog House surf shop be allowed to stay and flourish. Many of us who grew up in the area got our first surfboards from there. Even after moving to Dana Point I would still drive to the Frog House for my boards and other supplies. Even my grandparents (the late Dr Arnold O and Mabel Beckman) would shop for my brother and I there! Please approve the zoning request and amendment to allow the greatest surf shop on the west coast to continue on. Sincerely, Arnold W Beckman 1358 Terrace Dr Bullhead City, AZ 86442 Phone: 928-444-8106 139 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:04 PM To: Burns, Marlene Subject: FW: Please save The Frog House From: Amanda McCann fmailto:ammccann @hotmail.coml Sent: Wednesday, March 30, 20113:22 PM Subject: Please save The Frog House Hello, I am writing to request you take into consideration the importance of The Frog House on the community. I have lived in Newport for the past 22 of my 29 years of life and cannot remember a time without it. It truly is a landmark and has positively represented our city for many years, and I would be so very sad to see this wonderful local business go. Please allow the zoning change and let The Frog House live on for future generations to enjoy as much as I have. Thank you so much for your time and consideration. Warmest Regards, Amanda McCann Newport Beach resident 140 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:03 PM To: Burns, Marlene Subject: FW: FrogHouse From: zundholzer @aol.com fmailto:zundholzer@aol.coml Sent: Wednesday, March 30, 20115:55 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins @earth link. net; bhillgren @highrhodes.com; ameri @rbf.com Subject: FrogHouse Please save the Frog House, it is considered at least in my family a landmark that needs not be disturbed. Please understand that I also value the upgrade of Newport Beach for the future, but please instead consider a facelift for the building. i would hate not to share this part of my wife and I youthful history with our children. Thank you for your consideration in the matter sincerely Thomas and Tracey McGee 141 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:03 PM To: Burns, Marlene Subject: FW: My reason for traveling to NEwport Beach - - - -- Original Message - - -- From: Daniel [ mailto:danielgbenson @gmail.com] Sent: Wednesday, March 30, 20114:33 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Subject: My reason for traveling to NEwport Beach It is alarming that an institution that should be marked for inclusion as a historical site is being so severely threatened. I make regular pilgrimage to The Frog House from northern California. I have been doing this for decades, as do many others. But really... Newport Beach without The Frog House? Why bother. I am very distressed to discover that The Frog House is still struggling to win this fight to exist. I first shopped at The Frog House in the early 70's, and though I do not live in the area now, I still make regular visits to The Frog House when I have a need for supplies. To tell you the truth, it is one of the last reasons I have to visit Newport Beach - or Orange County, for that matter. But I do because The Frog House is such a huge part of my personal history. Of course, there are many more like me. Please do not let this beacon of what so much of Newport Beach stands for be taken away. If the city must get involved, why not figure a way to cash -in on its iconic success. Newport Beach without The Frog House? Preposterous. Daniel Benson 142 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 3:03 PM To: Burns, Marlene Subject: FW: Frog House - - - -- Original Message - - - -- From: george kent [mailto:gorch310 @aol.com] Sent: Wednesday, March 30, 2011 9:36 PM To: rhawkins @earthlink.net Subject: Frog House Please find a way to keep the Frog House in it's location. I got my first board at the Frog House back in '81 still go there today! 143 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:59 PM To: Burns, Marlene Subject: FW: Frog House - - - -- Original Message - - - -- From: jbrimers @aceweb.com [mailto:jbrimers @aceweb.com] Sent: Thursday, March 31, 2011 10:14 AM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Subject: Frog House TO the Newport Planning Commission: Dear Commishioner, You will be meeting soon to determine the fate of the Frog House Surf Shop in Newport Beach. I urge you to let the Frog House continue in the location it has occupied for these many years. The Frog House is world famous and is a real tourist draw to your community. Sincerely, Gerald A. Brimer Las Vegas, NV jbrimers @zceweb.com 19=1 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:57 PM To: Burns, Marlene Subject: FW: Frog house From: Courtney Fletcher fmailto:courtnevFletcher @ omail.coml Sent: Tuesday, March 29, 2011 10:31 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins(abearth link. net; bhillaren(abhiohrhodes.com; ameri(arbf.com Subject: Frog house Dear members of the Newport planning commission, Please keep the frog house where it is. It's an amazing place that brings the community together and is treasured by all those who have had the opportunity to take a visit. Thank you for your thee, I hope you will consider how much this place means to us when making your decision. Courtney Fletcher 10 1.4.5 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:57 PM To: Burns, Marlene Subject: FW: Kindly Consider the The Frog House - - - -- Original Message - - -- From: Dandy O'Shea [mailto:aliciamarble @mac.com] Sent: Tuesday, March 29, 2011 10:29 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland @earthlink.net; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; ameri @rbf.com Subject: Kindly Consider the The Frog House Dearest Commissioners, Please take careful and kind consideration while reviewing all matters regarding our local treasure, The Frog House. It is part of the landscape of West Newport, a welcome sign to visitors and home to locals. For years, it is a trusted resource where the always terrific TK and his great staff have provided us the wonderful tools to enjoy what is really makes our town so special - the ocean. Please consider that this shop is well loved and patronized. The Frog House is well maintained, managed and provides a valued service. There is something else about Newport that makes it special, there is no other place in the world like it. The Frog House is unique, The Frog House is Newport! I appreciate any time spent to take careful and loving consideration for a place that is sewn into the fabric of Newport, changing it will be pulling at the fabric of our wonderful local vibe. Please feel free to contact me should you like to discuss this The Frog House and the connection it has to our city. Kind regards, Dandy O'Shea 2 Spanish Bay Drive Newport Beach, CA 92660 949 - 644 -9990 11 2T Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:56 PM To: Burns, Marlene Subject: FW: Please Save the Frog House From: Sean Frink rmailto:sfrink @carlsmith.com] Sent: Tuesday, March 29, 2011 10:08 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins @earth link. net; bhillaren @hiohrhodes.com; ameri @rbf.com Subject: Please Save the Frog House Gentlemen: As someone who was born Hoag Hospital in 1964, attended Mariners Elementary, Horace Ensign Junior High School, and NHHS, whose family still lives there, and who spent virtually every waking moment during the summer and school breaks down in Newport Shores, I think that I know it when I say that the Frog House is a Newport Beach institution deserving of exceptional consideration by your commission. Seriously, what remains of the old Newport from the 6O's and early 7O's, the "Big Wednesday" era golden age of surf companies? Gone is Russell Surfboards. Gone is the old Newport Surf and Sport. What old school surf companies remain? Please save the Frog House. It is truly a deserving of our respect and, in this case, some exceptional treatment by you. Regards, Sean Frink Sean Frink Partner I Carlsmith Ball LLP P.O. BOX 5241 SAIPAN, MP 96950 (USA) CARLSMITH BUILDING, ISA DRIVE, CAPITOL HILL, SAIPAN, MP 96950 (USA) DIRECT: (670) 322 -3455 FAX: (670) 322 -3368 WEB: w .cadsmith.com EMAIL: sfrinkra7carlsmith.com Uniquely Positioned to Represent Clients throughout the Pacific Honolulu - Hilo - Kona - Maui - Guam - Saipan - Los Angeles IMPORTANT /CONFIDENTIAL: This message may contain confidential and privileged information. If it has been sent to you in error, please reply to inform the sender of the error and then delete this message. 12 :L47 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:56 PM To: Burns, Marlene Subject: FW: please respect The Froghouse and let it remain where it is From: michefish@aol.com rmailto:michefish@aol.coml Sent: Tuesday, March 29, 20119:37 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins(abearth link. net; bhillaren(abhighrhodes.com; amer0rbf.com Subject: please respect The Froghouse and let it remain where it is Hello, members of the City Council. I live right by The Froghouse - in fact, I can see it from my house. In the time that I've lived here, I have heard only good things about our corner surf shop, and I've become friends with some of staff that have worked there for quite some time. The Froghouse is an honest surf shop where I'd recommend my brother or my friends to get a board. Places like The Froghouse are why I like living in this part of Newport Beach - we have a neighborhood here, nearly free of chain businesses. In a county rampant with HOA's, strip malls, and severely planned urban space, it's refreshing to see independent businesses like this one, especially so close to where I live, inhabit a space where there is some creative freedom. Plus, The Froghouse has so much surfing history. From an urban planning perspective, I'm sure how the lot it's on would make for halfway decent residential space. (That also goes for homes in a similar spot along PCH.) I encourage you to reconsider and allow The Froghouse to stay right where it is at PCH and Grant. Thank you so much for your time. Michelle Giron engineer and Newport Shore resident 13 142 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:56 PM To: Burns, Marlene Subject: FW: Frog House - - - -- Original Message - - - -- From: ropc @sbcglobal.net [mailto:ropc @sbcglobal.net] Sent: Tuesday, March 29, 2011 9:31 PM To: rhawkins @earthlink.net Subject: Frog House Pis save the Frog House! We are neighbors and appreciate their kindness and their expertise! We bought my hubby's board and suit from them. Nice to have such great people representing NB Sent via BlackBerry by AT &T 14 ZT9 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:55 PM To: Burns, Marlene Subject: FW: Froghouse From: Austin Morrell Finailtoahecrowing150omail.coml Sent: Tuesday, March 29, 20119:28 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; eaton727@earthlink.net; rhawkins(a)earthlink.net; bhillaren(a)hiohrhodes.com; ameri(arbf.com Subject: Froghouse Please let the Froghouse stay! 15 150 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:55 PM To: Burns, Marlene Subject: FW: comment From: Dean Koutzoukis rmailto:dkoutzoukis @ amail.coml Sent: Tuesday, March 29, 20119:25 PM To: rhawkinsCabearthlink.net Subject: comment Mr Hawkins I urge you to give the Frog House a zoning variance or whatever is needed to allow the iconic Socal surfshop to remain in its present location. I have personally spent thousands of dollars there and your fine city has reaped the tax revenue from those dollars. If the Frog House goes so do my tax dollars. Thank you Dean Koutzoukis Yorba Linda CA 16 151 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:55 PM To: Burns, Marlene Subject: FW: "SAVE THE FROGHOUSE" with some details From: ROBERT LOMBARD rmailto :robert@creativeimagemgmt.coml Sent: Tuesday, March 29, 20119:17 PM To: emcdaniel @sunwestbank.com; cwunsworth @roadrunner.com; strataland@earthlink.net; rhawkins @earthlink.net Cc: bhillgren(abhighrohodes.com; amerci(abrbf.com Subject: "SAVE THE FROGHOUSE" with some details Tuesday March 29th 9:09 PM Good evening Mr. Daniel, Mr. Unsworth, Mr. Toerge, Mr. Eaton, Mr. Hawkins, Mr. Hillgren, and Mr. Ameri Writing to give you a bit of backstory regarding my experience with "The Frog House Surf Shop. I started surfing at the age of 62 and TK and the crew have been supportive and encouraging for someone of my age starting out. NO OTHER SURF SHOPS in the Newport or Huntington Beach area other then 5th Street Surf, which folded due to the economy reached out with advice etc. NOT just trying to sell me something. With that being said a shop like "The Frog House" should continue serving their customers and all should be grateful a small local surf shop has been able to retain their business in these trying times. PLEASE allow them to stay..... Researching this store it appears they are more of an institution then just a retail business. SAVE THE FROG HOUSE. A supporter and customer, Robert "The Old Surfer "Lombard By the way I am now 65 years of age and still catching waves and "The Frog House" is my local shop. ROBERT LOMBARD 310.248.3685 creative image Management and Casting, Ltd. http://www.creativeimai!emgmt.com Email sent from Home Base Computer 17 1152 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 2:52 PM To: Burns, Marlene Subject: FW: Let the Frog House stay! - - - -- Original Message - - - -- From: aberg38 @hotmail.com [mailto:aberg38 @ hotmail.com] Sent: Tuesday, March 29, 2011 7:20 PM To: rhawkins @earthlink.net Subject: Let the Frog House stay! I've been going to this locally owned surf shop for years, as have many others. It would be a massive stain on the City of Newport if you do not let them stay. Surf Culture is a major part of Newport, whether you like it or not. Please think about the history that you can save. Sent on the SprintR Now Network from my BlackBerryR ie 1153 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 7:05 AM To: Burns, Marlene Subject: Fw: Frog House - - - -- Forwarded Message ----- >From: george kent <gorch310 @aol.com> >Sent: Mar 30, 2011 8:36 PM >To: rhawkins @earthlink.net > Subject: Frog House > Please find a way to keep the Frog House in it's location. I got my first board at the Frog House back in '81 still go there today! 1=4i Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Thursday, March 31, 2011 7:04 AM To: Burns, Marlene Subject: Fw: Let the FrogHouse Stay - - - -- Forwarded Message ----- From: "C. Donovan" Sent: Mar 30, 2011 9:29 PM To: emcdaniel(a)..sunwestbank.com, cwunsworth()roadrunner.com, trataland(a),earthlink.net, eaton727(v7earth link. net, rhawkins(a )earthlink.net, bhiligren(a highrhodes.com, ameri(a)rbf.com Subject: Let the FrogHouse Stay Dear Commissioners: I am sending you this email to show my support for TK and The Frog House's request to change zoning as required to allow them to remain in the same location it has been in for decades. I was raised in Newport Shores, right next to The Frog House and have been in and out of the store for years. I believe it is part of the culture of Newport Beach and is an icon that is well worth preserving. Additionally, there are many commercial locations on both sides of The Frog House, so I don't understand why there should be an issue in allowing them to stay in the location where they have been for over 40 years. Sincerely, Christine Donovan 155 Burns, Marlene From: Robert C. Hawkins [rhawkins @earthlink.net] Sent: Wednesday, March 30, 2011 9:24 PM To: Burns, Marlene Subject: Fw: Please let the Froghouse stay! - - - -- Forwarded Message---- - From: Chad Perry Sent: Mar 30, 2011 7:37 PM To: cwunsworth(a )roadrunner.com, strataland(a.earthI ink. net, eaton7270 earthlink.net, rhawkins(o)earthlink.net, bhillgren(a)highrhodes.com, amerie_rbf.com Subject: Please let the Froghouse stay! Hello All, We politely ask you make the right decision and allow the Froghouse to stay in Newport. It is a staple and historical surf shop for California but specifically for Newport Beach. Best Regards, Chad Chad Penry 1150 2EW PART CITY OF O� A NEWPORT SAC City Council Staff Report Agenda Item No. 10 May 10, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Javier S._ Garcia AICP, Senior Planner APPROVED: �'_ U--, A, U v TITLE: WEST NEWPORT Al ENDMENTS, A. 6480 W. Coast Highway (PA2010 -190) S. 6904 W. Coast Highway (PA2011 -014) C. 6908 -6936 W. Coast Highway(PA2010 -182) ABSTRACT: Amendments to the General Plan, Coastal Land Use Plan, and the Zoning Code to change the designations of two properties (The National Cat Protection Society, and The Frog House) from Two -Unit Residential (RT and RT -E) to Mixed -Use Vertical (MU- V); and one property (Kennard Property) from Two -Unit Residential (RT and RT -E) to General Commercial (CG). RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt Resolution No. (Attachment No. CC 1) approving: • General Plan Amendment Nos. GP2010 -002, GP2010 -013, and GP2011 -002; and • Local Coastal Plan Amendment Nos. LC2010 -002, LC2010 -003, and LC2011 -001; and 3) Introduce Ordinance No. approving: • Code Amendment Nos. CA2010 -012, CA2011 -003, and CA2010- 013 to change the zoning districts; and • Pass to second reading for adoption on May 24, 2011 (Attachment No. CC 2) 7 2 \tea �S OU s QP \ \ 9 \ O a R4 o M N78 SI 6908 -6936 W. Coast Hwy The Frog House ee West Newport Amendments May 10, 2011 Page 2 6904 W. Coast Hwy: \ \\ \\\\ The National Cat Protection Society \ \\ \ \\ �\\ 6480 W. Coast Hwy \ \\ Kennard Property, Dress My Party C Cw 6V -A I ___.... __. , .,.. I RT to MU -V I RT -E to MU -V R -2 to MU -V 6908 -6936 W COAST HWY SURROUNDING USES: North, South, & East West RT to MU -V RT (Two -Unit Residential) RM RT -E to MU -V R -2 to MU -V RT -E R -2 (Two -Unit Residential) (Two -Unit Residential) RM -D RM 1 J CHANGES: CURRENT to PROPOSED LOCATION: GENERAL PLAN: COASTAL LAND USE ZONING: PLAN: 6480 W COAST HWY RT to CG -0.5 RT -E to CG -B R -2 to CG SURROUNDING USES: RT RT -E R -2 North, South, East and (Two -Unit Residential) (Two -Unit Residential) (Two -Unit Residential) West I ___.... __. , .,.. I RT to MU -V I RT -E to MU -V R -2 to MU -V 6908 -6936 W COAST HWY SURROUNDING USES: North, South, & East West RT to MU -V RT (Two -Unit Residential) RM RT -E to MU -V R -2 to MU -V RT -E R -2 (Two -Unit Residential) (Two -Unit Residential) RM -D RM 1 J m West Newport Amendments May 10, 2011 Page 3 FUNDING REQUIREMENTS: There is no budgetary impact related to this item Proiect Settina 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 buildings and uses, and a residential unit. The commercial uses are nonconforming with the General Plan, Coastal Land Use Plan and the Zoning District regulations. 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 "). That action rendered the property at 6904 West Coast Highway nonconforming, a nonresidential use in a residential district. 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. 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 (including the properties at 6480 W. Coast Highway and 6908 -6936 W. Coast Highway), which in accordance with Ordinance No. 2008 -05 became subject to abatement. 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. On April 7, 2011, the Planning Commission held a public hearing on the proposed amendments. After evaluating several potential land use categories and the attributes of the individual properties, and hearing testimony from the applicants and the public, the Planning Commission unanimously recommended the changes reflected in the table below. A copy of the staff report (Attachment CC3), Planning Commissions Resolution (Attachment CC4) and the minutes of the hearing are attached (Attachment CC5). 5 West Newport Amendments May 10, 2011 Page 4 General Plan: RT - CG -0.5 — MU -V - Coastal Land Use Plan: RT -E — CG -B — MU -V — Zoning Designations: Two -Unit Residential General Commercial, 0.5 FAR (floor area ratio) Mixed -Use Vertical Two -Unit Residential General Commercial, 0.5 FAR (floor area ratio) Mixed Use Vertical The R -2 (Two -Unit Residential) 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 density requirement is one unit per 1,000 square feet of land area. The CG 0.5 (Commercial General) zoning district is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve City- wide or regional needs. The MU -V (Mixed -Use) 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 Intensity: The R -2 zoning district provides for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot and a minimum density requirement of one unit per 1,000 square feet of land area. The CG -0.5 Zoning District allows for the development of commercial floor area with a maximum floor area ratio (FAR) of 0.5. n, EXISTING AND PROPOSED CHANGES Locations: General Plan: Coastal Land Use Plan: Zoning District: (Application Number From To From To From To 6480 W Coast Hwy Kennard Property, Dress My Party RT CG 0.5 RT -E CG -B R -2 CG 0.5 (PA2010 -190) 6904 W Coast Hwy The National Cat Protection Society RT MU -v RT -E MU -v R -2 MU -V (PA2011 -014) 6908-8936 W Coast Hwy TK Brimer, The Frog House RT MU -v RT -E MU -v R -2 MU -V (PA2010 -182 General Plan: RT - CG -0.5 — MU -V - Coastal Land Use Plan: RT -E — CG -B — MU -V — Zoning Designations: Two -Unit Residential General Commercial, 0.5 FAR (floor area ratio) Mixed -Use Vertical Two -Unit Residential General Commercial, 0.5 FAR (floor area ratio) Mixed Use Vertical The R -2 (Two -Unit Residential) 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 density requirement is one unit per 1,000 square feet of land area. The CG 0.5 (Commercial General) zoning district is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve City- wide or regional needs. The MU -V (Mixed -Use) 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 Intensity: The R -2 zoning district provides for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot and a minimum density requirement of one unit per 1,000 square feet of land area. The CG -0.5 Zoning District allows for the development of commercial floor area with a maximum floor area ratio (FAR) of 0.5. n, West Newport Amendments May 10, 2011 Page 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 specific findings for approval or denial of such amendments. However, when making such decisions the City Council should consider applicable General Plan and Coastal land use Plan Policies and development standards to ensure consistency and compatibility with surrounding uses. A determination of consistency of the proposed amendments with those policies is provided later in this report (Attachment CC6) General Plan Amendment No. GP2010 -013, Kennard Property (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 CG 0.5 (General Commercial). An aerial photo and relevant information are attached for the Council's information (Attachment CC7). The owners were concerned with the limitations on retail sales with the CV zoning district (general retail sales are not allowed, but visitor - serving retail sales are) and had asked for a broader list of retail use as contained in the MU -V zone. However, the Planning Commission, after consideration, has chosen to recommend a change of the zone to CG (Commercial General) which carries the same broad list of retail uses as the MU -V zoning district. The Planning Commission determined that future development of the property as a mixed -use development would be difficult on the smaller property. General Plan Amendment No. GP2010 -002, The Frog House (PA2010 -182) 6908 -6936 West Coast Highway — This amendment affects three lots located at the corner of West Coast Highway and Grant Street. The Planning Commission recommends a change of the land use category from RT (Two -Unit Residential) to MU- V (Mixed -Use Vertical). Current development would not be consistent with the development standards of the proposed MU -V designation; however, it would achieve the owner's goal to allow the commercial use to continue. The existing residence would not be subject to abatement as a nonconforming use, unless the Planning Commission determines that the orderly termination of the nonconforming use is necessary to promote the health, safety, and general welfare and to comply with the provisions of the Zoning Code and goals and policies of the General Plan (as specified by the provisions of Section 20.38.100 D of the Newport Beach Municipal Code). An aerial photo and relevant information are attached for the Council's information (Attachment CC8). 7 West Newport Amendments May 10, 2011 Page 6 General Plan Amendment No. GP2011 -002, The National Cat Protection Society (PA2011 -014) 6904 West Coast Highway — This amendment affects a single parcel that is occupied by The National Cat Protection Society, an animal shelter. The applicant's original request was to change the land use category from RT (Two -Unit Residential) to CV 0.5 (Visitor - Serving Commercial). The Planning Commission's recommendation is a change to Mixed -Use Vertical (MU -V), the same as recommended for the neighboring property (The Frog House). The applicant accepted this recommendation. An aerial photo and relevant information are attached for the Council's information (Attachment CC9). General Plan and Coastal Land Use Plan Consistency with the policies of the General Plan (Policy LU 3.2 - Growth and Change and LU 3.3 - Opportunities for Change) and Coastal Land Use Plan (Policy 2.1.3 -2) have been evaluated in conjunction with the proposed amendments and have been determined to be consistent with those policies as reflected in the attached consistency determination (Attachment CC6). Coastal Act The Coastal Act provides policies to protect coastal resources and maximize coastal access to the public. The three sites do not contain any sensitive coastal resources as they are presently developed with commercial and residential buildings. None of the three sites are located where public access easements would be necessary. The Coastal Act prioritizes land uses, and commercial and visitor - serving uses are a higher priority land use than strictly residential use. Continued commercial use of the three properties as developed and future redevelopment as either MU -V or CG 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 development standards of the MU -V or CG 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 standards 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) 0 West Newport Amendments May 10, 2011 Page 7 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 are exceeded and the City Council approves the General Plan Amendments, voter consideration would be required. Approved amendments, other than those approved by the electorate, are tracked for 10 years and factored into the analysis of future amendments as indicated in Table 1, below. The changes created by the proposed amendments with the recommended CG 0.5 and MU -V designations as recommended by the Planning Commission, do not exceed any of the four thresholds, and therefore, a vote is not required (detailed analysis provided in Attachment No.CC10). Table 1: Charter Section 423 Analysis Summary, Statistical Area B1 - A.M..Peak Hour P.M. Peak Hour Allowed Floor Trips Trip s ho P.M. peak ur Increase in Allowed Area (rate is 3; 1,000. (trip mate is Dwelling Units s.f.) 411.000 s.f: Proposed: GP2010 -002 GP2010 -013 13,487.5 s.f. 40.58 54.04 -1 GP2011 -002 Prior Amendment: 2,550 s.f. (80 %) 5.89(80%) 8.04(80%) 0 GP2010 -001 TOTAL: 16,037.5 s.f. 46.47 62.08 -1 Xfl CG, and MU- SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code (CGC), 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. The appropriate tribe contacts supplied by the NAHC were provided notice on January 21, 2011 to allow tribe contacts to respond to the request to consult. That 90 day period ended on April 20, 2011. Staff received only a single response, but no requests for consultation were received. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15302 — Class 2 (Replacement or Reconstruction) 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting" at which the City Council considers the item). Notice of this hearing was 0 West Newport Amendments May 10, 2011 Page 8 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. Submitted by: � Javier Ef. Garcia AICP Senior Planner Attachments: CC 1 Draft Resolution with attached Exhibits CC 2 Draft Ordinance with attached Exhibits CC 3 Planning Commission Staff Report, April 7, 2011 CC 4 Planning Commission Resolution No. 1839 CC 5 Excerpt of Planning Commission Minutes, dated April 7, 2011 CC 6 General Plan and Coastal Land Use Plan Consistency Determination CC 7 Relevant Information for 6480 W. Coast Highway, PA2010 -190 CC 8 Relevant Information for 6904 W. Coast Highway, PA2011 -014 CC 9 Relevant Information for 6908 -36 W. Coast Highway, PA2010 -182 CC 10 Section 423 Analysis Table CC 11 Additional Correspondence, 3A through 3H 10