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HomeMy WebLinkAbout1831 - APPROVE CUP _2421 EAST COAST HWYRESOLUTION NO. 1831 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -031 FOR A PARKING WAIVER OF SEVEN SPACES TO ALLOW A 500 SQUARE FOOT FOR PROPERTY LOCATED AT 2421 EAST COAST HIGHWAY (PA2010 -141) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Planet Design, Inc., representing Farmers and Merchants Bank, with respect to property located at 2421 East Coast Highway, and legally described as Parcel 1 of Resubdivision 0479, requesting approval of a conditional use permit for a parking waiver. 2. City Council Ordinance 2010 -21, which adopted the current Zoning Code, provides that discretionary and ministerial applications deemed complete prior to the effective date of the ordinance may be processed under the previous Zoning Code, provided they are found consistent with the General Plan. The Conditional Use Permit application was submitted and deemed complete prior to the adoption of the current Zoning Code. Therefore, this project is being reviewed subject to regulations of the previous Zoning Code. The applicant proposes a remodel and addition to an existing building that necessitates the parking to be brought into conformance with Zoning Code standards. Section 20.66.100 of the previous Zoning Code authorizes the Planning Commission to approve a use permit for a parking waiver under certain conditions. The applicant proposes a parking waiver of seven (7) parking spaces to allow the proposed addition to the building. 4. The subject property is located within the Commercial Corridor (CC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC -B). 6. A public hearing was held on January 20, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 Planning Commission at this meeting. Planning Commission Resolution No. 1831 Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations including additions of up to 50 percent of the floor area of the structure before the addition. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. T he use is consistent with the General Plan and any applicable speck plan. Facts in Support of Finding: A -1. The proposed financial institution use is consistent with the Corridor Commercial (CC) land use designation of the General Plan, which is intended to provide for a range of neighborhood serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. A -2. The proposed use is a support use for the residential, office, restaurant, and retail sales uses in the area. A -3. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. Ordinance 2010 -21 provides that discretionary and ministerial applications deemed complete prior to the effective date of the ordinance may be processed under the previous Zoning Code, provided they are found consistent with the General Plan. B -2. The application for the proposed project was submitted and deemed complete prior to the adoption of the current Zoning Code. Tmptt. W14110 Planning Commission Resolution No. 1831 Page 3 of 8 B -3. The site is located in the Commercial Corridor (CC) Zoning District. This district is intended to provide areas appropriate for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The financial institution is consistent with the CC District. B -4. The financial institution is consistent with the legislative intent of Chapter 20.20 (Commercial Zoning Districts) of the Zoning Code. Section 20.20.020 allows for financial institutions by right in the Commercial Corridor Zoning District. No other specific conditions are required in the Zoning Code for the proposed use. B -5. If the use permit for a parking waiver is approved, the proposed financial institution is consistent with the parking requirements pursuant to Chapters 20.62 and 20.66 of the previous Zoning Code. The proposed project would require sixteen (16) parking spaces, the garage will provide nine (9) parking spaces, and the applicant will purchase ten (10) parking permits annually for employees to park in the nearby municipal parking lot. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The proposed project is located within a nonresidential zoning district, but is adjacent to residential uses to the south. The design is compatible with other businesses on East Coast Highway in that it has a pedestrian friendly fagade and entrance along the street with a secondary entrance from the alley in the rear. The size of the building conforms to the floor area ratio allowed in the General Plan and Coastal Land Use Plan. C -2. The operating characteristics are that of a typical financial institution and are comparable to other banks in the area. The financial institution is compatible with the nearby businesses and will allow business owners, residents, and visitors to have another banking option in the area. The financial institution will not be open nights or on Sundays and will not generate any potential noise impacts. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g. fire and medical) access and public services and utilities. Tmpft: 04/14/10 Planning Commission Resolution No. 1831 Page 4 of 8 Facts in Support of Finding: D -1. The trapezoidal- shaped lot is approximately 41 feet by 128 feet (approximately 5,289 square feet in area), and is developed with a one -story building with a parking garage below. The garage is accessed from the alley to the rear and contains nine (9) parking spaces. The existing building and parking lot have functioned effectively with the current configuration. D -2. The proposed project includes interior alterations and an addition. The building has street and alley access and the project will not negatively affect emergency access. Finding: E. Operation of the use at the location proposed 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 proposed use. Facts in Support of Finding: E -1. The proposed hours of operation of the facility are 9:00 a.m. to 5:00 p.m., Monday through Thursday, 9:00 a.m. to 6:00 p.m., Fridays, and 9:00 a.m. to 12:00 p.m., Saturdays. These limited hours will limit any late -night noise or parking impacts on the neighboring residential uses. E -2. The parking garage will provide nine (9) parking spaces, which is adequate to support the parking needs of the financial institution customers because the proposed floor plan provides for a limited customer area and there is potential for customers to walk and bicycle to the subject property from home, work, or another nearby business. E -3. To ensure that the employees of the facility do not negatively impact public parking within the residential neighborhood to the south, the applicant will purchase ten (10) parking permits for employee use in the nearby municipal parking lot. This is three (3) more parking permits than the number of parking spaces being waived. E-4 Based on the parking analyses described within the Coastal Land Use Plan and the 2008 Walker Parking Study, the parking waiver should not negatively impact the availability of public parking. The Walker Parking Study specifically found that the municipal lot nearby is underutilized and is less than 50 percent occupied. Tmplt 04 /14/10 Planning Commission Resolution No. 1831 Paqe 5 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -031, 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 fourteen days after the adoption of this Resolution 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 20"' DAY OF JANUARY, 2011. AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren NOES: Hawkins BY: Earll McDaaniel, Chairman BY: ell ,AAWFaCeTToerge, Secretary Tmplt: 04114110 Planning Commission Resolution No. 1831 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 2. The applicant or operator of the facility shall purchase ten (10) parking permits on an annual basis for the nearby municipal facility on Fourth Avenue and Dahlia Avenue, and shall direct employees to park in said parking lot. 3. All proposed signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. 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 Conditional Use Permit. 6. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 7. This Conditional Use Permit may be modified or revoked by the City Council or 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 9. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 10. 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 Department. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if Tmplt: 04/14/10 Planning Commission Resolution No. 1831 Page 7 of 8 in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. 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: 13. 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. 14. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 15. 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. 16. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, which may require an amendment to this Conditional Use Permit. Tmplt: 04114110 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 fleet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 13. 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. 14. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 15. 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. 16. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, which may require an amendment to this Conditional Use Permit. Tmplt: 04114110 Planning Commission Resolution No. 1831 Page 8 of 8 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure 19. A Special Event 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 Beac- Municipal Code to require such permits. 20. Conditional Use Permit N(. _ : 10 -031 shall expire unless exercised within 24 months from the date of approval as sl f fi?d in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 21. 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 agams� 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 Farmers and Merchants Bank Parking Waiver including, but not limited to, Conditional Use Permit No. UP2010 -031 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Tmpu: 04114/1c