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HomeMy WebLinkAboutZA2015-017 - LTP >90 DAYS FOR TEMPORARY PARKING - 100 Dover Dr RESOLUTION NO. ZA2015-017 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2015-001 FOR A TEMPORARY PARKING LOT LOCATED AT 100 DOVER DRIVE (PA2015-003) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Bayshores Community Association, with respect to property located at 100 Dover Drive, and legally described as a Portion of Lot 1 of Tract No. 1125, requesting approval of a limited term permit. 2. The applicant proposes to utilize a portion of City-owned property as an off-site parking lot for workers participating in construction projects within the Bayshores Community. A maximum of 20 parking spaces are proposed for a 12-month period. 3. Limited Term Permit No. XP2011-006 (PA2011-158) was approved for the same use on November 9, 2011; however, the permit expired on November 23, 2014. 4. The subject property is located within the PC-37 (Castaways Marina Planned Community) Zoning District and the General Plan Land Use Element category is CM (Recreational and Marine Commercial). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CM-A (Recreational and Marine Commercial —(0.0—0.30 FAR)). 6. A public hearing was held on April 16, 2015, in the Corona del Mar Conference Room (Bay E-1 st Floor) at 100 Civic Center Drive, Newport Beach. 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 4 (Minor Alterations to Land). 2. The Class 4 exemption includes minor temporary uses of land having negligible or no permanent effects on the environment. The proposed project will not include permanent improvements and will maintain the surrounding vegetation and environment. Zoning Administrator Resolution No. ZA2015-017 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040(G) (Limited Term Permits — Findings and Decisions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use. Facts in Support of Finding: 1. The property has previously been utilized as a temporary parking lot as well as a staging area for various projects in the proximate area and these uses have not proven detrimental. 2. The limited duration use will be a temporary parking lot in which no construction, staging, storage, or construction vehicles (i.e., heavy equipment) will be permitted as conditioned. 3. There are no conflicting temporary uses taking place on the property currently and any future use will be subject to review and approval by the Planning Division. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot. Facts in Support of Finding: 1. The subject lot is approximately four acres in size. Based upon the site plan, there is adequate area to accommodate the proposed limited duration use of a parking area for a maximum of 20 vehicles as well as the other existing temporary uses. 2. The lot is bound by Coast Highway to the south and Dover Drive to the west which serve as a buffer between the nearby residential properties within the R-1 (Single- Unit Residential) Zoning District. 3. The lot is abutting a property to the north within the PC-43 (Upper Castaways Planned Community) Zoning District currently utilized as a public park and walking trail and to the east is the Newport Harbor. 03-03-2015 Zoning Administrator Resolution No. ZA2015-017 Page 3 of 6 Finding: C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate. Facts in Support of Finding: 1. The subject lot has one direct driveway approach taken from northbound Dover Drive. 2. The vehicles (20) would typically access the site early morning prior to peak hour and mid-late afternoon prior to peak hour; therefore, there is no traffic issue anticipated. 3. The limited duration use is a temporary parking lot for vehicles of workers participating in construction projects within the Bayshores Community. Heavy entering-and-exiting traffic is not anticipated. Finding: D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator. Facts in Support of Finding: 1. The proposed limited duration use will lessen the impact of construction workers' personal vehicles on the residential parking within the adjacent Bayshores Community. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The CM (Recreation and Marine Commercial) designation of the Land Use Element of the General Plan is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal- dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on the waterfront commercial and industrial building sites on or near the bay. The proposed use is of a limited duration and will not impede use of the site consistent with the CM designation. 03-03-2015 Zoning Administrator Resolution No. ZA2015-017 Page 4of6 2. Section IV.B (Permitted Uses) of the PC-37 (Castaways Marina Planned Community) text allows temporary uses as specified within the Zoning Code and the proposed limited duration use is consistent with this designation. 3. The same use has previously occurred on the site with approval of a limited term permit which expired in November 2014. Pursuant to Zoning Code Section 20.52.040(E) (Limited Term Permits — Application Filing, Processing, and Review), the same activity shall not be allowed to operate on the same lot for at least thirty (30) days following termination of the previous use. The lapse of time from the expiration date is in compliance with this section. 4. The site is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2015-001, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2015. r Br n a Wisner i,r ICP, Deputy Director 03-03-2015 Zoning Administrator Resolution No. ZA2015-017 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Anything not specifically approved by this limited term permit is prohibited and shall be addressed by a separate and subsequent review. 3. The Limited Term Permit shall expire 12 months from the effective date of the license agreement to implement this permit, unless an extension of up to one additional permit of 12 months is granted by the Zoning Administrator. 4. A maximum number of twenty (20) parking spaces is permitted and each parked vehicle shall display a placard issued by the Bayshores Community Association in a manner such that it is easily visible. 5. The applicant shall furnish and post signs designating the parking area as shown on the site plan as parking by permit only for workers participating in construction projects within the Bayshores Community only. The sign shall be subject to review and approval by the Community Development Director. 6. The applicant shall furnish and erect a temporary barricade or cones to designate the proposed parking area. The placement of any temporary barricade or cones shall be subject to the review and approval of the Community Development Director. 7. The Limited Term Permit is for the operation of a temporary parking lot and does not authorize the use or operation of a construction storage yard or staging area. As such, no construction materials, equipment, or vehicles (i.e., heavy equipment) are permitted on the site. 8. Consistent with Newport Beach Municipal Code Section 10.28.040 (Construction Activity — Noise Regulations), use of the temporary lot is limited to the hours of 6:30 a.m. to 7:00 p.m., Monday through Friday and 7:30 a.m. to 6:30 p.m., on Saturdays. No temporary parking shall be permitted on Sundays or Federal holidays. 9. To the fullest extent permitted by law, applicant shall indemnify, defend 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 City's approval of the Bayshores Temporary Parking Lot including, but not limited to, Limited Term Permit No. XP2015-001 (PA2015-003). This indemnification shall include, but not be limited to, damages awarded against the 03-03-2015 Zoning Administrator Resolution No. ZA2015-017 Page 6 of 6 City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 03-03-2015