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HomeMy WebLinkAboutZA2015-047 - LIMITED TERM PERMIT- MODEL HOMES - 5515 River Ave RESOLUTION NO. ZA2015-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2015-007 LOCATED AT 5515 RIVER AVENUE FOR A TEMPORARY SALES OFFICE, AND PARKING (PA2015- 142) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Taylor Morrison of California, LLC, with respect to property located at 5515 River Avenue, and legally described as Lot 104 of Tract 3813, requesting approval of a limited term permit (90 days or more). 2. The applicant proposes to operate a temporary sales office, with related parking and signage, associated with the previously approved 24-unit condominium development that is currently being constructed on the site. 3. The subject property is located within the Multi-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential (RM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple-Unit Residential (RM-D). 5. A public hearing was held on August 27, 2015 in the Corona del Mar Conference Room (Bay E-1st 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 . A Mitigated Negative Declaration (SCH No. 2008021075) and an addendum to the Mitigated Negative Declaration were prepared for the project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). A subsequent mitigated negative declaration for the project is not required to be prepared pursuant to CEQA Guidelines Section 15162 because the proposed project involves a minor design change to accommodate a sales office within an approved garage space and to construct related parking spaces and signage for a limited duration of time. These changes do not constitute "substantial changes" to the project that would involve new significant environmental effects or result in additional mitigation measures. Zoning Administrator Resolution No. ZA2015-047 Page 2 of 7 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 is currently under construction with 24 new residential dwelling units. Three (3) of the units will be used as model homes and will be constructed within the first phase of development. A temporary sales office will be constructed within the garage of a model home unit with a temporary customer parking lot constructed in close proximity. 2. The sales office would operate with one (1) employee between the hours of 10:00 a.m. and 6:00 p.m., daily, to minimize disruption to the surrounding residential neighborhood and would cease operation upon the sale of the units. 3. The model homes and parking lot will be blocked off from the active construction area with construction fencing and gates. 4. The dedicated on-site parking lot will provide customers a safe area for parking with a designated path of travel to each of the units. 5. Temporary signage will be located entirely on-site and will consist of a 12-square- foot project identification monument sign, two (2) 1 .5-square-foot directional signs, and three (3) one-square-foot wall-mounted model home identification signs. The temporary signage will not be illuminated. 6. The temporary monument sign will be located on-site near the project driveway accessible from River Avenue, and located outside the traffic safety visibility area. 7. The use of flags will be limited to a total of three (3) and permitted to be installed near the River Avenue driveway to identify customer access to the sales office location. No other flags, pennants, or other similar attention attracting devices are authorized. 03-03-2015 Zoning Administrator Resolution No. ZA2015-047 Page 3 of 7 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 1.49 acres in size. The development will be constructed in phases, with the model homes, temporary sales office, and parking lot constructed first. Once constructed, customers will benefit from safe access and parking to the model homes while the remaining units in the development are constructed on-site. 2. Given the size of the lot and phasing of development, the lot can accommodate sales office parking demands on-site with little disruption to surrounding residential uses and adjacent public parking lot. 3. The model homes, sales office, and parking lot are located on the west side of the lot, furthest away from the adjacent residential dwellings to the east on Neptune Avenue. The neighboring residential dwellings to the south are buffered by Seashore Drive and a public parking lot. The neighboring residential dwellings to the north are buffered by River Avenue. 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 sales office will operate between 10:00 a.m. and 6:00 p.m., daily, and is expected to generate minimal traffic operational hours. 2. Customers accessing the site will utilize the new driveway off River Avenue. Construction traffic will continue to utilize the existing driveway access further east on River Avenue or on Seashore Drive, and will not impede or conflict with customer access to the sales office parking lot. 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. 03-03-2015 Zoning Administrator Resolution No. ZA2015-047 Page 4 of 7 Facts in Support of Finding: 1. A temporary 6-space parking lot will be constructed and maintained on-site in conjunction with the operation of the sales office. 2. The parking lot will include parking reserved for disabled persons and accessible path of travel. 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 RM (Multiple-Unit Residential) designation of the Land Use Element of the General Plan is intended to provide primarily for multi-family residential development containing attached or detached dwellings. The proposed use is a temporary sales office operating within one (1) of twenty-four (24) new residential condominium units being constructed on-site. The proposed use is of a limited duration and will not impede the ultimate use of the site as a residential condominium development, consistent with the RM designation. 2. Section 20.18.020 of the Municipal Code allows temporary uses within the RM (Multi-Unit Residential) Zoning District subject to the approval of a Limited Term Permit. Limited Term Permits may authorize uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature. In this case, the sales office and related parking and signage are limited duration uses that will cease operating prior to completion of the new residential condominium development. 3. The proposed use is conditioned such that it will comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. 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. XP2015-007, 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 fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community 03-03-2015 Zoning Administrator Resolution No. ZA2015-047 Page 5 of 7 Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF AUGUST, 2015. re d I Wisneski, Al P, Zoning Administrator 03-03-2015 Zoning Administrator Resolution No. ZA2015-047 Page 6 of 7 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 twelve (12) months from the effective date of the license agreement to implement this permit, unless an extension of up to one (1) additional permit of twelve (12) months is granted by the Zoning Administrator. 4. The sales office hours of operation shall be limited to between 10:00 a.m. and 6:00 p.m., daily. 5. A maximum of three (3) flags may be installed to identify access to the sales office near the River Avenue driveway. No other flags, pennants, balloons, or similar attention attracting devices may be used. 6. Temporary signage shall be limited to one (1) project identification monument sign (not to exceed 20 square feet in sign area and 6.5 feet in height), two (2) directional signs (not to exceed 1.5 square feet in sign area and 50 inches in height), and three (3) wall-mounted model home identification signs (not to exceed one-square-foot in sign area). Signage shall not be illuminated. 7. The temporary project identification monument sign shall be located outside the traffic safety visibility area, subject to the review and approval of the City's Traffic Engineer. 8. The temporary sales office overhead structure shall be removed prior to the sale of the model unit, and the garage shall be reconfigured for the parking of vehicles. 9. An accessible restroom facility shall be provided and available to the public for the duration of the sales office use. 10. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 11. A fire hydrant shall be provided within 400 feet of all portions of the sales office as per California Fire Code Section 507.5.1. Plans will need to be submitted to the Fire Department for approval requiring an "F" permit. 03-03-2015 Zoning Administrator Resolution No. ZA2015-047 Page 7 of 7 12. Per California Fire Code Section 3312.1, an approved water supply (fire hydrant) for fire protection shall be made available as soon as combustible material arrives on the site. 13. Prior to occupancy of the sales office, an all-weather fire access road shall be provided consistent with Newport Beach Fire Department Guideline C.01 standards. 14. Prior to occupancy of the sales office, the emergency fire access road needs to be marked No Parking on both sides, consistent with Newport Beach Fire Department Guidelines C0.1. 15. Per Newport Beach Fire Department Guidelines CO.1, any locked gates shall have a lock approved by the Fire Department for emergency access. 16. Prior to the occupancy of the sales office, the automatic sprinkler system installation shall be tested and approved by the Fire Department. 17. A 2A 10BC fire extinguisher shall be installed on a wall in an accessible location within the sales office. 18. A copy of the Resolution, including conditions of approval, Exhibit "A," shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 19. 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 Echo 56 Temporary Sales Office including, but not limited to, Limited Term Permit No. XP2015-007 (PA2015-142). 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, 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