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P. ARNSEN BLAKELY'JOSEPH MANCiNINOEL K. TORGERSON'PAUL K. WATKINS'"A PROFESSIONAL CORPORATION

BY HAND DELIVERY

LAW OFFICES OFWATKINS, BLAKELY &TORGERSON, LLP

SUITE 810535 ANTONBOULEVARDCOSTAMESA, CALIFORNIA 92626-7047TELEPHONE (714) 556-0800FACSIMILE (714) 641-4012

March 28, 2011

AUTHOR'S EXTENSION 2108AUTHOR'S EMAil ADDRESS:paul@fawfriend,comhttp://www.lawfriend.com

FileNo. 11 i l l ? ~ I \ t E D BYPLANNING DEPARTMENT

MAR 28 2011

CITY OF NEWPORT BEACH

Earl McDaniel, ChairmanCity ofNewpol1 Beach Planning CommissionCommunity Development Depat1mentPlanning Division3300 Newpol1 BoulevardNewport 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 ChairmanMcDaniel: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 ofpictures of the Propel1y.The Society has cared for and protected homeless cats at the Propel1y for over eighteen (18) yearswithout incident, noise, or community disruption of any kind. The Society (and its commercialoperation) has tlUly been a model citizen.We believe that until recently the Property was assigned a commercial zone dating back to the1950's - perhaps as long as 50 years.

Correspondence

Item No. 3a

West Newport Amendments

PA2010-182,PA2010-190,an

PA2011-014


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Earl McDaniel, ChairmanNewport Beach Planning CommissionMarch 28, 2011Page 2

RECEIVED BYPLANNING DEPARTMENT

MAR 28 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 a new residential zone (R-2, TwoUnit Residential).It is our understanding that under the General Plan, the zoning for the Property and several othersfronting PCH was changed to an R-2 zone with the thought that when the properties wereredeveloped in the future, the highest and best use would be residential. Then, in light of theCouncil 's decision to abate all non-conforming uses in 2008, the Propetiy was designated forabatement. (Please see the enclosed letter dated January 14, 2011 from James Campbell, ActingPlanning Director, Planning Department, City ofNewport Beach.) As indicated in the letter, theSocietywas instructed to abate the non-residential use o f the Propetiyby November 25 ofthis year.On Januaty 26,2011, the Society filed an Application for a General Plan Amendment to restore acommercial zone for the Propeliy.I am also enclosing a letter dated March 17,2011 from the Newport Beach Chamber of Commercesupporting the reinstatement o f the commercial zone.

II . What is th e Society Requesting?We understand from Mr. JayGarcia (Senior Planner) that the PlanningDivision of the CommunityDevelopment Department has recommended that the Propetiy be rezoned MU-V (Mixed-UseVetiical) and that the Society's current use ofcaring for and protectinghomeless cats bepennitted tocontinue under the MU-V Zoning District.The Society requests the zone modification to MU-V (Mixed-Use Vertical) and supports the staffrecommendation. As you know, Section 20.22.01OA (MU-V [Mixed-UseVertical)ZoningDistrict)describes the permitted uses of this zoning classification as follows:

"20.22.010 - Purposes of Mixed-Use Zoning DistrictsA. MU-V (Mixed-Use Vertical) Zoning District . This zoning district is

intended to provide for areas appropriate for the development ofmixed-usestructures that vetiically integrate residential dwellingunits above thegroundfloor with retail uses including office, restaurant, retail, and similarnonresidential uses located on the ground floor or above."

The Societydoes not presently use the Propetiy for residential purposes, but the MU-V (Mixed-UseVertical) zone modification would appear to offer the Societymore flexibility (combining usage forboth commercial and residential putposes) in the useo f the Property (including a continuationof the


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Earl McDaniel. Chairman MAR 28 2011Newport Beach Planning CommissionMarch 28. 2011Page 3 CITY OF NEWPORT BEACH

current commercial use), and the Society therefore supports the staff recommendation of theGeneral Plan Amendment to MU-V (Mixed-Use Vertical).

Thank you for considering our application.

Sincerely,

~ ~ ~ J L - -Watkins, Blakely & Torgerson, LLPEnclosuresPKW:jbogcc: Ms. Denise Johnston

Mr. Richard Tanzer

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01/10/2011 WED 16:22 FAX 040 650 7367 NATIONAL CAT",-, I4J 002/004

PLANNING DEPARTMENT3300 Newport Boulevard. Building C, Newport Beach. CA 92663(949) 644-3200 Fax: (949) 644-3229 website: www.newoortbeachca,90y

RECENEOBVPlANNING DEPARTMENTMAR 28 2011January 14. 2011

National Cat Protection Society6902 West Coast HwyNewport Beach. CA 92663

CERTIFIED MAilCITY OF NEWPORT BEACH

RE;; Termination of a non-eonformlng use in a residential district6904 West Coast Hwy (424-432-07)Dear Property Owner.On October 26. 2010, the City Council adopted a comprehensive update of the Clty'sZoning Code. The Zoning Code was prepared to implement the land use anddevelopment policies of the 2006 General Plan. which Includes the change of a numberof commercial properties to residential uses. As a reSUlt, the zoning classification forthe property located at 6904 West Coast Hwy changed from SP-4 (Commercial) to R-2on November 25.2010 (see enClosed map).The Zoning Code establishes the maximum lime period for the abatement andtermination of nonconforming uses In residential districts, Section 20.38.100,C.1reqUires 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 termof a lease on the property. or (3) at the expiration of any operating license that isrequired by State law, whichever is earliest.The Planning Department has Investigated the current use of the property at 6904 WestCoast Hwy. The current non-residential use is no longer a permitted use under the R-2Zoning District. Therefore, the current use is a nonconforming USe and Is subject toabatement 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 nonresidential use of the property.


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01/19/2011 WED 16:22 FAX 949 ~ 5 7367 NATIONAL CAT, , . I4J 0 0 3 l 0 0 ~ .

The Zoning Code Includes provisions through which a property owner may request anextension of the abatement period to amortize the property owner's investment to avoidan unconstitutional taking of property. Through this process, the City evaluatesevidence of economic hardship arising from abatement, the noncol')formlty's impact onthe community, and other factors that may affect the length of the abatement periodrequired. If you wish to apply for an extension of the abatement of the use of thisproperly, yoy mall apply at the Cit;: Planning Department no later than 90 days prior tothe expiration of the abatement period !August 27, 2011).Plea'se feel free to contact me at 949-6443228 or JCampbell@newportbeachca,gov ifyou have any questions.Sincerely,

~ a ~ L ~Acting Planning Director

Enclosures: Abatement Period Extension ApplicationZoning District Map

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MAR .2 8 2011CITY OF NEWPORT BEACH


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NEWPORT BEACHCHAMBER OF COMMERCEBuilding on a Century of Service

March 17, 2011

Earl McDaniel, ChairPlanning CommissionCity of Newport Beach3300 Newport BoulevardNewport Beach, California 92663

RECEIVED BYPlANNING DEPARTMENiMAR .2 8 lOll

crrvOFNEWPORTBEACH

RE: The National Cat Protection Society, a California nonprofit corporation;6904West Pacific Coast Highway, Newport Beach, California 92663

Dear Chairman McDaniel:The Newport Beach Chamber of Commerce ("NBCC") is an association whichrepresents over 700 business owners and operators in Newport Beach.The National Cat Protection Society (the "Society") has been caring for and protectinghomeless 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 oldcommercial zoning (SP-4) was replaced with new residential zoning (R-2, Two-UnitResidential).It is my understanding that under the General Plan, the Society's Property and severalothers along PCH were changed to R-2 With the thought that when the propertieswereredeveloped In the future, the highest and best use would be residential. Then, In lightof the Council's decision in 2008 to abate all non-conforming uses, the Society'sProperty became a target for abatement.The Society (and Its commercial operation) has been amodel citizen InWest NewportBeach since 1993. It has c?red for and and protected homelessca!sWithout incident,noise, or community disruption of any kind. .We believe that the Society's proposed General Plan Amendment to revise the zoningfrom R-2 (Two-Unit Residential) to CG (General Commercial) (which would reinstate thecommercial zone in place for at least the past 38 years) is well taken.The Newport Beach Chamber of Commerce supports this General Plan Amendmentfor the Society's Property.

Richard R. Luehrs,President

1470 jAMBOI\U ROAD, N ~ W r O I \ T BEACH, CALlFOl\NlA 92660 PH: (949) 729-4400. FAX: (949) 729-4417 WEB: W W W . N ~ W r O I \ T B E A c H . C O M