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HomeMy WebLinkAboutZA2020-064 - APPROVING LIMITED TERM PERMIT NO. XP2020-005 FOR A LIMITED-DURATION MODEL HOMES SALES OFFICE LOCATED AT 1244 IRVINE AVENUE (PA2020-202)RESOLUTION NO. ZA2020-064 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LIMITED TERM PERMIT NO. XP2020-005 FOR A LIMITED- DURATION MODEL HOMES SALES OFFICE LOCATED AT 1244 IRVINE AVENUE (PA2020-202) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Shea Homes Limited Partnership (Applicant), with respect to property located at 1244 Irvine Avenue, legally described as a portion of Block 53, Irvine’s Subdivision, requesting approval of a limited term permit. 2.The Applicant requests a 12-month duration limited term permit that will allow the operation of a temporary model homes sales office and a temporary parking lot to serve the office. The sales office will operate from within the converted garage space of two (2) model home units. Once sales have concluded, the office will be converted back into garages for the model units and the parking lot will be regraded into a private alleyway. 3.The subject property is designated Multiple Residential (RM) by the General Plan Land Use Element and is located within the Multiple Residential (RM-6000) Zoning District. 4.The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 5.A public hearing was held online on October 15, 2020, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.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. This project involves the temporary conversion of garage space within a model home to an 807-square-foot office space and the grading of the adjacent private alleyway into a parking lot. Zoning Administrator Resolution No. ZA2020-064 Page 2 of 7 01-25-19 3.The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the NBMC, 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 Limited Term Permit will allow for the temporary operation of a sales office for a new residential community for a duration of up to 12 months. The 807-square-foot office will be located within the garage parking areas of two (2) model home units that are a part of the new residential condominium development known as “The Cay at Mariner Shores.” The office will operate from 11 a.m. to 6 p.m. and will have an onsite parking lot for employees and visitors. 2.The project site is zoned RM-6000 (Multiple Residential), which is intended to provide for areas appropriate for multi-unit residential developments containing attached or detached dwelling units. The sales office and parking lot are temporary and accessory to the residential development, which is consistent with the intended purpose of the zoning district. 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 parcel is 5.76 acres, only slightly irregular in shape, and is fairly flat. 2.The site is currently being developed with a 92-unit residential condominium project. The sales office will be located within the converted garage space of Unit 61 and Unit 62. Zoning Administrator Resolution No. ZA2020-064 Page 3 of 7 01-25-19 3.Units 61 and 62 are located toward the center of The Cay development. Traffic to and from the office is not anticipated to interfere with the various uses adjacent to the site. 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 project site is bounded by Irvine Avenue, Mariners Drive, Rutland Road, and the Westcliff Shopping Center. Vehicular access to the site will be provided from either Irvine Avenue or Rutland Road. Internal circulation is provided by private roads. An accessory office use is not anticipated to generate excessive traffic to an already urbanized area. 2.The Public Works Department ensures adequate circulation through the plan check process. The proposed layout has been reviewed for compliance with City Standards STD—L-A and STD—L-B. 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.Parking for the sales office will be provided by a temporary parking lot. The proposed parking lot has seven (7) spaces. Additional surplus parking will be available as parallel parking stalls on the immediately adjacent private road Cresta Drive. 2.For an office use, Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC requires one (1) parking space per every 250 square feet of net floor area. The sales office is 807-square-feet in area and would normally require four (4) parking spaces. The temporary parking lot is adequate to serve the office use without causing increased parking demand in the surrounding residential and commercial zoning districts. 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. Zoning Administrator Resolution No. ZA2020-064 Page 4 of 7 01-25-19 Facts in Support of Finding: 1.The subject property is designated Multiple Residential (RM) by the General Plan Land Use Element and is located within the Multiple Residential (RM-6000) Zoning District. Temporary Uses are allowed within the RM-6000 Zoning District with approval of a limited term permit. 2.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 finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to this exemption are not applicable. 2.The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2020-005, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3.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 15TH DAY OF OCTOBER 2020. Zoning Administrator Resolution No. ZA2020-064 Page 5 of 7 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1.The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and signage plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3.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. 4.This Limited Term Permit may be modified or revoked by 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. 5.Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review and approval by the Planning Division and may require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 6.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. 7.Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 8.This Limited Term Permit shall expire twelve (12) months from the issued date of the Temporary Certificate of Occupancy by the Building Division, unless an extension of up to one (1) additional period of twelve (12) months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions). A letter requesting the extension shall be submitted to the Planning Division no later than thirty (30) days prior to the expiration date of this permit. 9.Upon either the completion of sales activities or the expiration of this limited term permit, the temporary sales office improvements shall be removed and the space shall be returned to the originally intended condition of garages. Zoning Administrator Resolution No. ZA2020-064 Page 6 of 7 01-25-19 10.All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 11.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. 12.Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday , and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 13.No outside paging system shall be utilized in conjunction with this establishment. 14.All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 15.Deliveries and refuse collection for the facility shall be prohibited betwe en the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Limited Term Permit. 16.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 17.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. Zoning Administrator Resolution No. ZA2020-064 Page 7 of 7 01-25-19 18.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 Shea Homes Sales Office including, but not limited to, Limited Term Permit No. XP2020-005 (PA2020-202). 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. Building Division 19.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. 20.Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the Sta te Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project’s impact on water quality. Public Works Department 21.The parking layout shall comply with City Standard STD—L-A and STD—L-B.