HomeMy WebLinkAbout20200312_ZA_Staff ReportCITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 12, 2020
Agenda Item No. 5
SUBJECT: Newport Auto Center Temporary Inventory Storage (PA2019-255)
Limited Term Permit Over 90 Days No. XP2019-012
SITE LOCATION: 101 Bayside Drive
APPLICANT: Newport Auto Center
OWNER: The Newport Dunes Resort & Marina
PLANNER: Liz Westmoreland, Associate Planner
949-644-3234 or lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: PR (Parks and Recreation)
Zoning District: PC48 (Newport Dunes)
Coastal Land Use Plan Category: PR (Parks and Recreation)
Coastal Zoning District: PC48 (Newport Dunes)
PROJECT SUMMARY
A Limited Term Permit (over 90 days) application to store up to 300 vehicles from the
Newport Auto Center (NAC) dealership in a temporary location at the Newport Dunes
Resort and Marina (“the Dunes”). NAC porters would retrieve vehicles from the existing
NAC facility (445 East Coast Highway) via Bayside Drive and drive them to the NAC
property between the hours of 10:00 am and 6:00 pm. No test drives, car washing, vehicle
repair, sales, or other activities would occur at the vehicle storage site. No customers
would be allowed to access the storage site. The vehicles to be parked on the site include
new or previously owned vehicles awaiting transportation and there will be no damaged
or wrecked vehicles parked or stored at the site.
Currently, there are no other vehicle storage leases for the site. The Limited Term Permit
would expire one year from the effective date, unless the Zoning Administrator grants an
extension for up to one additional year. The existing parking lot is gravel and no additional
structures or property improvements are proposed beyond the temporary barricades
required by Public Works.
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RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2019-012 (Attachment No. ZA 1).
DISCUSSION
Background
The subject site is a gravel parking lot within the Newport Dunes Resort and
Marina. The parking lot is located in the northwest section of the Dunes and is
used for marina and overflow parking for special events. During the summer, the
area is occasionally used as parking for Camp James.
In 2017, the applicant received approval of a limited term permit for over 90 days
(XP2016-009) to store up to 300 inventory vehicles at the Dunes. No complaints
were received regarding the temporary use. The applicant did not request an
extension, and the permit expired after one year in December of 2018.
The Conditional Use Permit (CUP) that authorizes operations of the existing
Newport Auto Center dealership site (UP2017-014) is subject to yearly reviews by
the Planning Commission to evaluate compliance with the CUP’s conditions of
approval. During the 2019 review, staff discovered that NAC inventory vehicles
were being stored at the 101 Bayside Drive gravel lot without the benefit of an
approved Limited Term Permit. During the CUP review, the Planning Commission
directed the applicant to apply for a limited term permit to authorize the storage of
these inventory vehicles at the Dunes.
Analysis
As evaluated in Limited Term Permit No. XP2016-009, the main issues are
whether the temporary storage of vehicles interferes with the public access and
recreation components of the Dunes and if the proposed use is compatible with
the site and surrounding area.
Under the terms of the Newport Dunes Settlement Agreement, the Newport Dunes
is required to maintain boat launch and trailer parking, wash down, beach and day
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use facilities, bike trail, human-powered launch, and camping. The temporary
storage of vehicles will utilize no more than 300 of the 654 parking spaces in the
marina/overflow parking lot. Furthermore, the proposed limited term use will not
impact the beach and day use parking area, which has over 800 parking spaces.
Under the terms of the Settlement Agreement, the Newport Dunes Resort and
Marina is only required to provide a minimum 645 parking spaces for day use
beach area users. Therefore, the limited term use will not impact the public access
and recreation components of the Newport Dunes Resort.
The project site maintains adequate access from Bayside Drive and the temporary
storage of vehicles does not generate an excess of vehicular traffic or significantly
impact the parking for patrons and guests of the Newport Dunes Resort. The
storage area would be blocked off from the public by temporary barricades or
similar features.
Adequate fire access would be maintained within the vehicle storage area by
maintaining all required drive aisles free of parked cars. The subject property has
been used intermittently for temporary vehicle storage since at least December
2014 (by Newport Beach Maserati and NAC), and there is no evidence that this
use has been detrimental or hazardous to public convenience, health, or safety of
persons residing or working in the neighborhood.
The nearest residential use is the Bayside Village Mobile Home Park located west
of the parking area, separated by the main access road, a block wall, and a row of
garages. Due to the limited nature of the proposed vehicle storage and the
proposed hours of use, the project is not expected to impact the surrounding
neighborhood.
The temporary storage of vehicles within an existing gravel parking lot is not
considered development, would not impact sensitive environmental resources,
and would result in the intensification of land use. Therefore, a Coastal
Development Permit is not required for the proposed temporary use.
ENVIRONMENTAL REVIEW
Staff recommends the Zoning Administrator find the project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor
Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment. Class
4 consists of minor public or private alterations in the condition of land, water and/or
vegetation, which do not involve removal of mature, scenic trees except for forestry and
agricultural purposes. The proposed land use would meet the definition of Class 4, F, which
allows minor temporary use of land having negligible or no permanent effects on the
environment, including carnivals, outdoor festivals, sales of Christmas trees, and similar
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uses. The use is the temporary parking of vehicles for an off-site land use on an existing
paved parking lot and does not involve any new construction.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
_____________________________
Liz Westmoreland, Associate Planner
GBR/law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2019-012 FOR TEMPORARY
VEHICLE STORAGE LOCATED AT 101 BAYSIDE DRIVE
(PA2019-255)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Auto Center with respect to property located at 101
Bayside Drive and legally described as Record of Survey RS_095_39-43, requesting
approval of a limited term permit for a period of more than 90 days.
2. The applicant proposes to store up to 300 vehicles from the Newport Auto Center (NAC)
dealership in a temporary location at the Newport Dunes Resort and Marina (“Newport
Dunes”). NAC porters would retrieve vehicles from the existing NAC facility (445 East
Coast Highway) via Bayside Drive and drive them to the NAC property between the hours
of 10:00 am and 6:00 pm. No test drives, car washing, vehicle repair, sales, or other
activities would occur at the vehicle storage site. No customers would enter the subject
site.
3. The subject property is located within the Newport Dunes Planned Community (PC 48)
Zoning District and the General Plan Land Use Element category is Parks and Recreation
(PR).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Parks and Recreation (PR) and the Coastal Zoning District is Newport Dunes
Planned Community (PC 48).
5. A public hearing was held on March 12, 2020 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 hearing 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 hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. Class 4 consists of minor public or private alterations
in the condition of land, water and/or vegetation, which do not involve removal of mature,
scenic trees except for forestry and agricultural purposes.
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2. The proposed land use would meet the definition of Class 4, F, which allows minor
temporary use of land having negligible or no permanent effects on the environment,
including carnivals, outdoor festivals, sales of Christmas trees, and similar uses. The
application does not include any site improvements or the removal of mature, scenic trees.
The use is the temporary parking of vehicles for an off-site land use on an existing gravel
parking lot and does not involve any new construction.
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 (Limited Term Permits) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
A. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act Guidelines
under Class 4 (Minor Alterations to Land).
Fact in Support of Finding:
1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects
on the environment, such as temporary vehicle storage.
Finding:
B. 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 use would be authorized for one (1) year.
2. The proposed vehicle storage is a passive use, with porters transporting vehicles to and
from the site approximately 5 to 10 times per day, Monday through Saturday between the
hours of 10:00 a.m. and 6:00 p.m., thereby reducing any potential effects to persons
residing or working in the neighborhood.
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3. The subject property has been used intermittently for temporary vehicle storage since at
least December of 2014, and there is no evidence that this use has been detrimental or
hazardous to public convenience, health, or safety of persons residing or working in the
neighborhood.
4. The temporary storage of vehicles uses a maximum of 300 parking spaces in the
marina/overflow parking area, which contains 654 parking spaces leaving adequate
parking for the existing marina and other uses at the Newport Dunes.
5. The proposed parking area would be separated from the residential uses to the west by
distance, landscaping, and a block wall. Additionally, the area would not be accessible to
the public.
6. Minimum 20-foot wide drive aisles would be maintained thereby allowing access by the
Fire Department in the event of an emergency.
7. The directly adjacent uses are nonresidential in nature.
Finding:
C. 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 temporary storage of vehicles uses a maximum of 300 parking spaces in the
marina/overflow parking area, which contains 654 parking spaces. The parking area is
separated from the main access drive aisle and vehicular access to the other uses at the
Newport Dunes will not be affected.
2. The temporary storage of vehicles in the marina/overflow parking area will not impact the
800-space beach day use parking area located east of the lagoon, which is required to
provide a minimum 645 parking spaces for day use beach area users by the Newport
Dunes Settlement Agreement.
3. The temporary storage of vehicles using a small portion of a parking area that is used for
the marina and overflow for events will not impact public access and recreation
components of the Newport Dunes. The proposed vehicle storage area is located across
the main access road from the marina and consists of gravel, making the area less
desirable and convenient for marina and day use beach area users.
4. No structures or property improvements are proposed or authorized other than
temporary barricades required and conditioned by Public Works.
5. As conditioned, the applicant is required to maintain public access and parking in
accordance with the Newport Dunes Settlement Agreement, including, but not limited to
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boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human-
powered launch, and camping.
Finding:
D. 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 subject lot maintains adequate access from Bayside Drive via a two (2)-lane access
drive.
2. Traffic related to the proposed use would be minimal, consisting of approximately 5 to 10
porter trips per day.
Finding:
E. 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. The temporary storage of vehicles does not generate an excess of vehicular traffic or
significantly impact the parking for patrons and guests of the Newport Dunes Resort and
Marina.
2. The applicant, Newport Dunes Resort and Marina, would maintain the Settlement
Agreement-required parking spaces.
3. The Public Works department has reviewed the on-site circulation and parking layout and
provided conditions of approval to ensure compliance with the related requirements.
Finding:
F. 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 General Plan and Zoning Code establish the policies and implementing regulations
to promote public health, safety, general welfare, economic vitality of neighborhoods, as
well as the orderly development of the City, and to ensure the beneficial development
of the City. The site is designated for Parks and Recreation, and although the use is not
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Parks and Recreation, it is temporary and does not preclude use of the remainder of the
site for existing recreational uses.
2. The temporary vehicle storage within an existing parking lot will not be detrimental to
surrounding uses, thereby furthering the intent of the General Plan and Zoning Code.
3. The temporary vehicle storage is conditioned such that it will comply with all applicable
provisions of the General Plan, Municipal Code, and other City regulations.
4. The subject lot is not located within a specific plan.
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
15304 under Class 4 (Minor Alterations to Land) 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. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2019-012 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 12TH DAY OF MARCH, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. Temporary vehicle storage shall be limited to the general area depicted on the site plan
and may accommodate up to a maximum of 300 vehicles at any one time.
2. No test drives, car washing, vehicle repair, sales, painting, or other activities shall occur
onsite.
3. Test driving of vehicles shall be prohibited on all residential streets and shall originate and
end at the Newport Auto Center dealership (445 East Coast Highway).
4. Transport of vehicles from or to the project site shall be limited to the hours of 10:00 am
to 6:00 pm Monday through Saturday.
5. All vehicles shall be stored in marked parking spaces and there shall be no vehicle
stacking within drive aisles.
6. All vehicles stored on-site shall be operable at all times. No wrecked or inoperable
vehicles shall be stored onsite.
7. In the event that the stored vehicles must be removed from the site on a temporary basis
due to a special event at the Newport Dunes, the vehicles shall not be parked on City
streets or public parking lots. If a separate private parking lot is to be used during said
special event, the owner of said private parking lot or Newport Auto Center shall secure
a Limited Term Permit for the temporary parking of vehicles in accordance with the
Zoning Code.
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. 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.
11. 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.
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12. 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 of light sources or other remediation upon finding that the site is excessively
illuminated.
13. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. 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 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
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
14. 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.
15. No outside paging system shall be utilized in conjunction with th is establishment.
16. The temporary vehicle storage location shall be maintained free of litter and graffiti at all
times.
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.
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 Newport Auto Center Temporary Inventory Storage including, but not limited
to, Limited Term Permit No. XP2019-012 (PA2019-255). 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,
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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.
Life Safety Division
19. Emergency vehicle access shall be maintained onsite at all times. The Life Safety
Division’s minimum drive aisle requirement is 20 feet in width. An emergency drive aisle
loop shall be maintained that continues throughout the storage area. The loop shall be
provided at the entrance drive and continue to an exit drive.
Public Works Department
20. Vehicle drop off and pick up shall occur entirely on private property.
21. The general public, including customers, shall not be permitted to use and/or drive
through the vehicle storage area. Temporary traffic barricades or other means shall be
installed to block public access to the vehicle storage area.
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Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Limited Term Permit No. XP2019-012
PA2019-255
101 Bayside Drive
Inventory Parking
Location
Dealership Site
15
Attachment No. ZA 3
Project Plans
16
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
2/20/2020
0 400200
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