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HomeMy WebLinkAbout2039 - LIDO MARINA VILLAGE RENOVATION, COMPREHENSIVE SIGN PROGRAM AND PARKING MANAGEMENT PROGRAM RESOLUTION NO. 2039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN OFF-SITE PARKING AND SHUTTLE PLAN PURSUANT TO CONDITION NO. 4 OF CONDITIONAL USE PERMIT NO. UP2014-014 FOR LIDO MARINA VILLAGE (PA2014-002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application (PA2014-002 for Conditional Use Permit No. UP2014-014) was filed by Lido Group Retail, LLC (Applicant), with respect to Lido Marina Village located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto requesting approval of a conditional use permit for a parking reduction, parking management plan, and off-site parking. The properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907, 2. On December 18, 2014, the Planning Commission of the City of Newport Beach adopted Resolution No. 1966 approving PA2014-002 subject to findings and conditions of approval. Condition No. 4 requires the Planning Commission to review and approve a specific off-site parking arrangement to ensure that it complies with Conditional Use Permit No. UP2014-014 and Newport Beach Municipal Code (NBMC) Section 20.40.100. 3. The Planning Commission found the approval of PA2014-002 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures). This CEQA section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. Additionally, the proposed project is exempt from CEQA pursuant to Section 15301 (Existing Facilities). This CEQA section exempts interior and exterior alterations and small additions to existing structures when the changes involve a negligible or no expansion of existing uses. 4. A regular meeting of the Planning Commission was held on November 17, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the UP2014-014 and the Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. 2039 Page 2 of 7 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The approval of the off-site parking and shuttle plan is exempt from the CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures). 2. No physical improvements are associated with the project. The off-site parking facility presently exists at 540 Superior Avenue and has over 200 parking spaces in excess of the minimum requirements of the Zoning Code. The shuttle will operate between Lido Marina Village between the hours of 10:00 a.m. and 2:00 a.m. daily with approximately three round trips per hour. Employee parking at 540 Superior Avenue is expected to range between zero and one-hundred employees per day and employees will have differing shifts. As a result, traffic increases will be spread out throughout the day and evening. The increased traffic to the off-site parking facility will be approximately 200 trips per day, below a threshold that requires any traffic analysis. SECTION 3. FINDINGS. (NBMC Section 20.40.100(B)) Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: 1. The parking facility is located approximately 2 miles driving distance from Lido Marina Village. 2. The off-site parking will serve employees who require longer term stays. 3. A shuttle van will operate between the off-site parking facility and Lido Marina Village providing 3 round trips per hour during operations. 4. The distance and shuttle service is convenient to provide employee parking given implementation of the Shuttle Management Plan dated September 27, 2016. Finding: B. On-street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. The off-site parking located at 540 Superior Avenue is located within a private parking structure and on-street parking is not utilized to satisfy the required parking requirements. 2. On-street parking within Lido Marina Village is not utilized to satisfy the required parking requirements. Lido Marina Village off-site parking and shuttle plan 11/17/2016 Planning Commission Resolution No. 2039 Page 3 of 7 Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The off-site parking facility is located at 540 Superior Drive, which is accessed from a signalized intersection from Superior Avenue, which is a 4-lane major highway. 2. Employee parking at 540 Superior Avenue is expected to range between zero and one- hundred employees per day and employees will have differing shifts. As a result, traffic increases will be spread out throughout the day and evening. The increased traffic to the off-site parking facility will be approximately 200 trips per day, below a threshold that requires any traffic analysis. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. A minimum of One hundred (100) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement (required off-site parking). If additional off-site employee parking be needed, it shall be me consistent with NBMC Section 20.40.100 and regulated consistent with the findings and conditions of approval provided in this resolution. 2. The required off-site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development (Director). On-street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. 3. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2014-014 remains effective or is deemed unnecessary based upon a parking utilization analysis demonstrating a lack of need for off-site parking. 4. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination Lido Marina Village off-site parking and shuttle plan 11/17/2016 Planning Commission Resolution No. 2039 Page 4 of 7 or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2014- 002, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2014-002 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary, or 4) the applicant can provide a parking demand study based upon observed parking over time showing that available on-site parking is sufficient to accommodate uses authorized by Conditional Use Permit No. UP2014-002 thereby supporting a parking reduction. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves an off-site parking and shuttle plan pursuant to Condition No. 4 of Conditional Use Permit No. UP2014-014 for Lido Marina Village (PA2014-002) 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF NOVEMBER, 2016. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Weigand NOES: None ABSTAIN: None ABSENT: Zak BY: o Kr eqChairmaln BY: eter Zak Secretary Lido Marina Village off-site parking and shuttle plan 11/17/2016 Planning Commission Resolution No. 2039 Pace 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The Applicant shall implement the Lido Marina Village Shuttle Management Plan dated September 27, 2016, as amended by these conditions of approval. 2. The applicant shall provide the following incentives to tenants and employees to encourage use of the parking and shuttle program: a. Discount fees for purchasing long term parking passes (i.e. 15 percent for a 12-month parking pass, 5 percent for a 6-month parking pass). b. Discounts on purchases at Lido Marina Village shops. c. Discounts on monthly parking passes (i.e. 5 percent)when using an auto-pay option. d. Monthly raffle to prepaid parkers where winners receive a prize or gift (i.e. a gift card, prize, or permission to park in the on-site parking structure rather than the off-site - structure). e. Weekly or Monthly raffle for shuttle users where regular ridership is rewarded by a gift or prize. 3. The applicant shall submit a monthly utilization report for the Lido Marina Village parking structure and shuttle service showing parking over time and different days. The reports shall be submitted monthly through and including January of 2018. Periodic reports thereafter may be required by the Community Development Director or the Planning Commission. 4. Parking management shall be monitored by the applicant and the Community Development Department on an ongoing basis or as determined necessary by the Community Development Director. The Director may require review by the Planning Commission if parking problems occur that are not adequately remedied by the applicant. 5. The approval of this off-site parking and shuttle management plan may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. Lido Marina Village off-site parking and shuttle plan 11/17/2016 Planning Commission Resolution No. 2039 Page 6 of 7 7. One hundred (100) parking spaces shall be provided for employee parking at an off-site, private lot by a lease or other binding private agreement (required off-site parking). The required off-site parking shall be located within a convenient distance to the project site as determined by the Director of Community Development (Director). On-street parking shall not be included and use of the required off-site parking shall not create an undue traffic hazard or impacts to the surrounding area as determined by the Director in consultation with the City Traffic Engineer. The required off-site parking shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2014-014 remains effective. 8. Prior to the issuance of a certificate of occupancy for 3450 Via Oporto (Nobu), a parking agreement or covenant, in a form approved by the City Attorney and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off- site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off- site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2014-014, the Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2014-014 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to Newport Beach Municipal Code Section 20.40.110 rendering the required off-site parking unnecessary, or 4) the applicant can provide a parking demand study based upon observed parking over time showing that available on- site parking is sufficient to accommodate uses authorized by Conditional Use Permit No. UP2014-002 thereby supporting a parking reduction. 9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless 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 City's approval of Lido Marina Village Off-site Parking and Shuttle Management Plan associated with Conditional Use Permit No UP2014-014. 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, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which 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. Lido Marina Village off-site parking and shuttle plan 11/17/2016 Planning Commission Resolution No. 2039 Pa e7of7 10.The applicant shall require each tenant and employee to place a sticker on his or her vehicle that identifies the vehicle's relationship to Lido Marina Village to allow for enhanced parking management and monitoring. The sticker front windshield of the vehicle within a seven-inch square in the lower corner farthest removed from the driver's position. 11.All new, amended or extended leases shall include: a. Language that strongly encourages tenant and employee use of available parking and shuttle resources provided by the applicant/landlord. b. Language strongly encouraging participation in incentive programs organized and implemented by the applicant/landlord to encourage the use of the parking and shuttle program. Lido Marina Village off-site parking and shuttle plan 11/17/2016