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HomeMy WebLinkAboutZA2016-036 - APPROVING LIMITED TERM PERMIT LOCATED - 1560 Placentia Avenue RESOLUTION NO. ZA2016-036 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2016-001 LOCATED AT 1560 PLACENTIA AVENUE FOR A TEMPORARY SALES OFFICE AND PARKING (PA2016-042) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On August 6, 2015, the Planning Commission adopted Resolution 1990 approving the Ebb Tide project consisting of the development of 81 residential condominium units on a 4.7-acre site located at 1560 Placentia Avenue (PA2014-110). The Planning Commission adopted a Mitigated Negative Declaration consistent with the California Environmental Quality Act. 2. In December of 2015, a demolition permit and rough grading permit were issued to remove the former Ebb Tide Mobile Home Park. 3. An application was filed by Ebb Tide, LLC, with respect to property located at 1560 Placentia Avenue, and legally described as a portion of Lot 714 of First Addition to Newport Mesa Tract, requesting approval of a limited term permit(90 days or more). 4. The applicant proposes to operate a temporary sales office with related parking, temporary signage, and a temporary fire access driveway to support sales of the approved 81-unit condominium development currently being constructed on the site. 5. The subject property is located within the Multiple-Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple-Unit Residential (RM). 6. The subject property is not located within the coastal zone. 7. A public hearing was held on June 16, 2016, 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. A Mitigated Negative Declaration (SCH No. 2015071007) was prepared for the 81-unit Ebb Tide Subdivision project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The use of a temporary modular sales office, customer parking areas and temporary signage are customary and incidental changes to the approved project. The temporary improvements will be removed near Zoning Administrator Resolution No. ZA2016-036 Page 2 of 8 the end of the construction phase. Subsequent environmental review for the temporary improvements is not required to be prepared pursuant to CEQA Guidelines Section 15162 because the proposed project involves minor design changes to provide a sales office, 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. 2. The Zoning Administrator 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. 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 81 new residential dwelling units consistent with the Planning Commission's prior approval. Three (3) of the units will be used as model homes and will be constructed within the first phase of development that consists of utilities and precise grading for the entire tract and common area amenities. 2. The temporary sales office, customer parking lot and a temporary Fire Department driveway will be located in areas adjacent to the model homes. The common area amenities will also be constructed with the model homes. One garage within the model home complex will be converted to a design studio and will be restored as a 2-car garage prior to occupancy of the unit by the initial homeowner. 3. The model homes, sales office, and temporary parking lot are proposed in the central part of the proposed project. The sales office will operate with a limited number of employees during typical business hours. A dedicated six-space on-site 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 3 of 8 parking lot will provide customers a safe area for parking with a designated path of travel to each of the units. 4. The guest parking adjacent to the common amenity area will also be available for customers and guests of the initial occupants of the project. 5. A temporary Fire Department driveway will facilitate appropriate access for Fire Department vehicles. 6. Landscaping will be provided in front yard setbacks along Placentia Avenue and around to the model home complex and temporary parking area. 7. After the model home complex is completed, production of the remainder of the homes will commence starting at the southwest corner of the site near Placentia Avenue and proceed in a counterclockwise direction. Construction traffic will be routed along the northerly internal driveway and customers and future residents will utilize the southerly internal driveway. Temporary fences are included to separate customers and future residents from construction areas for safety. 8. Temporary signage, both internal to the tract and along Placentia Avenue, will be located entirely on-site. Illumination of signs will be residential in character and must comply with applicable standards of the Municipal Code. Fourteen banners will be located along Placentia Avenue in the landscaped area. A temporary monument sign (main project ID sign) is proposed to be located in the center median of the project access driveway. The project ID sign is 7—feet-high by 45- inches-wide and is setback from the street to ensure adequate vehicle sight distance. A limited number of on-site directional signs internal to the project are also provided to enhance wayfinding. The number, size and location of the temporary signs as shown on the project plans are not excessive given the size and frontage of the project site. 9. All improvements associated with this limited term permit will be removed during the final construction phase ensuring that the overall project is completed consistent with the Planning Commission's approval of the Ebb Tide project 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 4.7 acres in size with approximately 325 feet of street frontage along Placentia Avenue. The site has been found adequate to support the 81-unit Ebb Tide project based upon the Planning Commission's approval of the Ebb Tide project. 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 4 of 8 2. The development will be constructed in phases, with the model homes, temporary sales office, and parking lot constructed first after the utilities and precise grading is completed. Given the two internal driveways planned, construction traffic and customer/future resident parking conflicts can be minimized with construction traffic using the northerly on-site driveway and customers/future residents using the southerly on-site driveway. Once constructed, customers will benefit from safe access and parking to the model home complex and initial phases of construction while the remaining units in the development are constructed. 3. Given the size of the lot and proposed sequencing of construction, the lot can accommodate sales office parking demands on-site with little disruption to surrounding residential uses and adjacent public parking lot. 4. The model homes, sales office, and parking lot are located in the central part of the proposed project separating it from adjacent uses. 5. The number of temporary signs are limited in number and are appropriately located to ensure on-site wayfinding and to maintain adequate vehicle sight distances. 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 typically operate between 10:00 a.m. and 7:00 p.m. daily, and is expected to generate minimal traffic given a limited number of employees. The conversion of one of the model home garages to a design studio does not eliminate parking for the future homeowner and these spaces are not used for the operation of the model home sales. 2. Customers and future residents accessing the site will utilize the main driveway from Placentia Avenue and the southerly internal driveway. Construction traffic will use main access from Placentia Avenue given there is only one access point from the public right-of-way and will use the northerly internal driveway. The ability to separate construction traffic and customer/future resident traffic using the two internal driveways reduces potential conflicts to the maximum extent possible. 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. 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 5 of 8 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. Additionally, 4 guest parking spaces at the common area will be available for customers and future residents during construction. 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 temporary sales office use and associated parking is customary and incidental to the efficient construction and occupancy of the proposed residential use. The limited duration uses and improvements will be removed at the conclusion of sales 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 (Multiple-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. Applicable ministerial permits must be obtained prior to construction. 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. XP2016-001, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 6 of 8 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 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 JUNE, 2016. Patrick J. Alford Zoning Administrator 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 7 of 8 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 the hours of 10:00 a.m. and 7:00 p.m., daily. 5. Temporary signage shall be limited to the signs shown in the project plans. Illumination of signs shall be residential in character and must comply with applicable standards of the Municipal Code. 6. All temporary signage shall be located outside the traffic safety visibility area, subject to the review and approval of the City's Traffic Engineer. 7. All temporary improvements shall be removed after the conclusion of initial sales to ensure completion of the construction of the tract as approved by the Planning Commission. 8. An accessible restroom facility shall be provided and available to the public for the duration of the sales office use. 9. 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. 10. 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. 11. 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. 12. 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. 06-16-2016 Zoning Administrator Resolution No. ZA2016-036 Page 8 of 8 13. Per Newport Beach Fire Department Guidelines C0.1, any locked gates shall have a lock approved by the Fire Department for emergency access. 14. Prior to the occupancy of the sales office, the automatic sprinkler system installation shall be tested and approved by the Fire Department. 15. A 2A 10BC fire extinguisher shall be installed on a wall in an accessible location within the sales office. 16. 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. 17. 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 Ebb Tide Temporary Sales Office including, but not limited to, Limited Term Permit No. XP2016-001 (PA2016-042). 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. 06-16-2016