Correspondence

Item No. 3a
West Newport Amendments
LAW OFFICES OF
PA2010-182,PA2010-190,and
WATKINS, BLAKELY & PA2011-014
AUTHOR'S EXTENSION 2108
P. ARNSEN BLAKELY'
JOSEPH MANCiNI
TORGERSON, LLP AUTHOR'S EMAil ADDRESS:
paul@fawfriend,com
NOEL K. TORGERSON'
PAUL K. WATKINS' SUITE 810
http://www.lawfriend.com
535 ANTON BOULEVARD
"A PROFESSIONAL CORPORATION
COSTA MESA, CALIFORNIA 92626-7047 File No. 11 ill?~I\tED BY
TELEPHONE (714) 556-0800
FACSIMILE (714) 641-4012 PLANNING DEPARTMENT

March 28, 2011 MAR 28 2011

BY HAND DELIVERY CITY OF NEWPORT BEACH

Earl McDaniel, Chairman

City of Newpol1 Beach Planning Commission
Community Development Depat1ment
Planning Division
3300 Newpol1 Boulevard
Newport Beach, Califomia 92663

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, Califamia 92663 (the "Property").

Enclosed for your information is a series of pictures of the Propel1y.

The Society has cared for and protected homeless cats at the Propel1y for over eighteen (18) years
without incident, noise, or community disruption of any kind. The Society (and its commercial
operation) has tlUly 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.
 RECEIVED BY
PLANNING DEPARTMENT

Earl McDaniel, Chairman MAR 28 2011

Newport Beach Planning Commission
March 28, 2011
Page 2
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 a new 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 Propetiy 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 ofthe Propetiy by November 25 ofthis year.

On Januaty 26,2011, the Society filed an Application for a General Plan Amendment to restore a
commercial zone for the Propeliy.

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 Propetiy be rezoned MU-V (Mixed-Use
Vetiical) and that the Society's current use of caring for and protecting homeless cats be pennitted 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 vetiically 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 Propetiy 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 putposes) in the use ofthe Property (including a continuationofthe
 RECEIVED BY
PLANNING DEPARTMENT

Earl McDaniel. Chairman MAR 28 2011

Newport Beach Planning Commission
March 28. 2011
Page 3 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,

~~~JL--
Watkins, Blakely & Torgerson, LLP

Enclosures
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cc: Ms. Denise Johnston

Mr. Richard Tanzer

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01/10/2011 WED 16:22 FAX 040 650 7367 NATIONAL CAT
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PLANNING DEPARTMENT
3300 Newport Boulevard. Building C, Newport Beach. CA 92663
(949) 644-3200 Fax: (949) 644-3229 website: www.newoortbeachca,90y
RECENEOBV
PlANNING DEPARTMENT

MAR 2 8 2011
January 14. 2011
CERTIFIED MAil
CITY OF NEWPORT BEACH
National Cat Protection Society
6902 West Coast Hwy
Newport Beach. CA 92663

RE;; Termination of a non-eonformlng use in a residential district

6904 West Coast Hwy (424-432-07)

Dear Property Owner.

On October 26. 2010, the City Council adopted a comprehensive update of the Clty'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 lime 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.
01/19/2011 WED 16:22 FAX 949 , ~50
, 7367 NATIONAL .CAT I4J 003l00~ .

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 noncol')formlty'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
properly, yoy mall apply at the Cit;: Planning Department no later than 90 days prior to
the expiration of the abatement period !August 27, 2011).

Plea'se feel free to contact me at 949-644·3228 or JCampbell@newportbeachca,gov if

you have any questions.
RECEIVED BY
Sincerely,
PLANNING DEPARTMENT

~a~L~
Acting Planning Director
MAR .2 8 2011

CITY OF NEWPORT BEACH

Enclosures: Abatement Period Extension Application
Zoning District Map

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 RECEIVED BY
PlANNING DEPARTMENi
NEWPORT BEACH
CHAMBER OF COMMERCE MAR .2 8 lOll
Building on a Century of Service

crrvOFNEWPORT BEACH
March 17, 2011

Earl McDaniel, Chair

Planning Commission
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663

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 (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 homelessca!s 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.

Richard R. Luehrs,
President

1470 jAMBOI\U ROAD, N~WrOI\T BEACH, CALlFOl\NlA 92660· PH: (949) 729-4400. FAX: (949) 729-4417· WEB: WWW.N~WrOI\TBEAcH.COM