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HomeMy WebLinkAboutZA2017-009 - TEMPORARY PARKING FOR LIDO HOUSE HOTEL CONSTRUCTION - OVER 90 DAYS (APPLIED 1/26/17) -3303 Via Lido RESOLUTION NO. ZA2017-009 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2017-001 A TEMPORARY EMPLOYEE PARKING LOT LOCATED AT 3303 AND 3355 VIA LIDO (PA2017-009) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RD Olson Construction, Inc., with respect to property located at 3303 and 3355 Via Lido, and legally described as Lots 1201, 1202, 1203, 1204 of Tract 907 with an abandoned alley and portions of Lots 4 and 5 of Tract 1107, requesting approval of a Limited Term Permit to utilize the property for one year as a temporary employee parking lot for construction workers of the Lido House Hotel project located at 3300 Newport Boulevard. 2. The subject property is designated Multiple-Unit Residential (RM) by the Land Use Element of the General Plan. Zoning of the property is PC-59 (Planned Community - Lido Villas) and is subject to the Lido Villas Planned Community Development Plan. 3. The project site is designated Multiple-Unit Residential (RM) by the Coastal Land Use Plan. The Coastal Zoning of the property is PC-59 (Planned Community). 4. Newport Beach Municipal Code (NBMC) Section 20.52.040, Limited Term Permits, allows consideration of limited duration uses (e.g., interim, nonpermanent, and/or seasonal in nature) 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 and are found to be compatible with adjacent and surrounding uses. 5. A public hearing was held on February 16, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach, California, 96220. 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. The project is exempt pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land), of the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Section 15301 (Class 1) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Zoning Administrator Resolution No. ZA2017-009 Page 2 of 7 vacant lot would be used for employee vehicle parking on an interim, temporary basis and no permanent structures would be authorized. 3. Section 15303 (Class 4) Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The temporary parking lot requires security fences and gates to be installed. A temporary security fence with gates will be the only improvement to the site. 4. Section 15304 (Class 4) consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees. The site is devoid of vegetation and improvements/alterations to the site are limited to fences with gates that will be installed on a temporary basis during the interim use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040.G (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Limited Term Permit 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, or 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 site is located in a mixed-use area, with predominately commercial uses to the west and north, institutional uses to the south, and residential uses to the east. . 2. Residential uses are located east of Via Lido and access to the site is from Via Oporto and Via Malaga. 3. A church is located south of Via Malaga; however, it is not in operation at this time. The church could begin operations at any time; however, the proposed use is a parking lot generally used during the day and not on weekends when services would not generally be held. 4. A perimeter security and screening fence will be provided. The site is paved with asphalt and gravel. 5. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 01-03-17 Zoning Administrator Resolution No. ZA2017-009 Page 3 of 7 6. The project approval includes conditions that will minimize disturbances to residents in the adjacent mixed-use and residential areas. 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 site is 1.2 acres and is located in a predominately commercial area. 2. The site is large enough to provide setbacks to vehicular gates to facilitate efficient vehicle access to the site without creating significant vehicle conflicts within the abutting right of way. 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 site is bounded by three public streets, Via Oporto, Via Malaga and Via Lido. One driveway is located along the Via Oporto frontage and a second is located on Via Malaga. No access is provided or proposed from Via Lido. The number of employees parking at the site will vary per day and is not expected to exceed 100 vehicles. 2. Via Oporto is a 40-foot-wide right-of-way and provides one-way southbound traffic and parking along both sides of the street. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Oporto. 3. Via Malaga is a 35-foot-wide right-of-way and provides one-way traffic and parking only on both sides of the street. Entering and exiting the site at the existing driveway with typical passenger vehicles associated with the previous commercial and institutional development was accommodated. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Malaga. 4. The Public Works Department and Life Safety Services Division have reviewed the proposed temporary use and find the site, proposed access points from the abutting streets, and the location of fences and gates appropriate for the proposed use. 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. 01-03-17 Zoning Administrator Resolution No. ZA2017-009 Page 4 of 7 Facts in Support of Finding: 1. The limited term use is a parking lot and does not generate its own parking demand, therefore this finding does not apply. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, Municipal Code, and other City regulations. Facts in Support of Finding: 1. The Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build-out. The General Plan designates the site for residential use and the proposed interim use for parking does not preclude residential development consistent with the General Plan at build-out. 2. The Circulation Element includes Goal 7.1 to ensure an adequate supply of convenient parking be provided throughout the City. The proposed temporary off-street parking lot avoids construction employees from potentially occupying public parking spaces in the area during the construction of the Lido House Hotel consistent with Circulation Element Goal 7.1. 3. The site is not subject to a specific plan. 4. The temporary parking lot is an interim use of a vacant property and would not be open to the general public for parking. As a result, the minimum development standards of the Zoning Code for the development of a parking lot do not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2017-001 subject to the findings provided in this resolution and 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 or call for review 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 FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-009 Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The site is limited to the daily and non-overnight parking of construction worker personal vehicles for RD Olson Construction and their subcontractors related to their work on the Lido House Hotel project and directly related construction only. 2. The site shall not be used for the storage of any construction material or debris of any kind or origin. No construction equipment access or parking, or deliveries of any material is permitted at the site or within any abutting public right-of-way. 3. Anything not specifically approved by this limited term permit is prohibited and shall be addressed by a separate and subsequent review. 4. Limited Term Permit No. XP2017-001 shall expire twelve (12) months from the effective date unless an extension is granted by the Zoning Administrator. Extensions may be granted up to a total of twelve (12) months. 5. The hours of allowed operation shall be between 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 6. The general public shall not be permitted to use and/or drive through the temporary parking lot. Signs shall be posted at both entries indicating the site is used for RD Olson and subcontractor construction worker parking only and that the site is not for general public parking. The sign shall include the mobile phone number for the Lido House Hotel job superintendent for any inquiries related to the operation of the temporary parking lot. 7. No queuing of vehicles to gain entry to the site within the public right-of-way is allowed. Gates shall remain open during the hours of operation and shall be secured at the end of each working day. 8. A six-foot-high perimeter fence and gates with screening shall be maintained in good condition at all times. The location of the fencing shall be in accordance with the approved diagram. Minor adjustments may be made subject to the approval of the Public Works Department. The fencing shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. The abutting public sidewalk shall be maintained free of obstruction at all times. 9. Emergency vehicle access shall be maintained on-site at all times. An emergency drive aisle loop with a minimum 20-foot width shall be maintained that continues throughout the temporary parking lot to both vehicular access points. 10. All gates shall swing into the project site and gate providing vehicle access shall provide a minimum 26 feet of clearance. All vehicle access points/gates shall have Knox padlocks for fire access. 11. The lot must be kept free of trash, debris and weeds at all times. 01-03-17 Zoning Administrator Resolution No. ZA2017-009 Page 6 of 7 12. In compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. All active portions of the parking lot shall be watered as necessary to prevent excessive amounts of dust. 13. The applicant shall install and maintain a perimeter erosion control barrier to the satisfaction of the City to ensure that soil is not transported off-site during rain events. 14. The applicant shall sweep adjacent streets and sidewalks daily if visible soil material is carried from the site onto adjacent public streets or sidewalks. 15. All vehicles parked at the site shall be operable at all times. No wrecked or inoperable vehicles shall be parked or stored on-site. 16. The applicant, contractors, subcontractors and all employees shall observe construction activity noise regulations of NBMC Chapter 10.28. No person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. On Sundays and federal holidays, no person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. 17. No audible outside paging system shall be utilized in conjunction with this temporary use. 18. If any temporary lighting is provided, the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming or elimination of light sources or other remediation upon finding that the site is excessively illuminated. 19. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 20. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Limited Term Permit. 21. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined 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. 01-03-17 Zoning Administrator Resolution No. ZA2017-009 Page 7 of 7 22. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 23. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 24. 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 RD Olson Construction Worker Parking Lot Limited Term Permit including, but not limited to, XP2017-001. 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. 25. The applicant shall conspicuously post and maintain signs on the interior side of the fence and on the exterior of the fence at each entrance advising workers of nearby residences and requesting that workers be courteous and respectful of our residential neighbors arriving and leaving the work site and parking areas. 01-03-17