HomeMy WebLinkAboutPC2023-046 - APPROVING A CONDITIONAL USE PERMIT AUTHORIZING A PARKING REDUCTION AND PARKING MANAGEMENT PLAN FOR LIDO MARINA VILLAGE AND SUPERSEDING USE PERMIT NO. UP2017-019 (PA2021-089)RESOLUTION NO. PC2023-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING A CONDITIONAL USE PERMIT AUTHORIZING A PARKING REDUCTION AND PARKING MANAGEMENT PLAN FOR LIDO MARINA VILLAGE AND SUPERSEDING USE PERMIT NO. UP2017-019 (PA2021-089)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. DJM ARC LIDO LLC. (Applicant) manages and operates a retail shopping center called Lido Marina Village (LMV) located at 3636 Newport Boulevard, 3418 through 3428 Via Lido, 3434 and 3444 Via Lido, 3400 through 3450 Via Oporto, and 3421 through 3505 Via Oporto (Property). 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. The Applicant requests to amend the existing Conditional Use Permit No. UP2017-019 (CUP No. UP2017-019) that authorized a parking reduction and parking management plan (PMP) for Lido Marina Village (LMV) with this Conditional Use Permit (PA2021-089). The
Applicant requests to remove the current requirement for off-site employee parking at Hoag
Health Center (540 Superior Avenue) based on changes in tenancy and an associated reduction in demand for parking at the site. Other minor changes to the PMP are proposed such as increasing the capacity of employee parking on-site within the existing LMV parking structure and waiving additional parking spaces (Project). The project also includes
a coastal development permit.
3. The Property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2) Coastal Zoning District. 5. A public hearing was held on December 21, 2023, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing
was given in accordance with California Government Code Section 54950 et seq. and Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) under Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
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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 5 (Minor Alterations in Land Use Limitations) exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including, but not limited to minor lot line adjustments, set back variances, or minor encroachment permits. This Conditional Use Permit application
requests modifications to existing parking management strategies for a shopping center
where permitted land uses or density would not be changed and no physical changes to the subject property within Lido Marina Village would occur. 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. The request to modify the parking management plan and off-site parking are considered substantial changes where this Conditional Use Permit (PA2021-089) shall supersede
Conditional Use Permit No. UP2017-019 (PA2017-153). In accordance with NBMC Section
20.40.110.B.1 (Reduction in Off-Street Parking), the following conditions are set forth for the parking reduction and PMP: Finding:
A. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development).
Facts in Support of Finding: 1. Parking within Lido Marina Village includes a multi-level parking structure, parking within Central Avenue, Via Oporto, and along the north side of Via Lido. The total supply of
parking consists of 385 spaces, inclusive of off-site the private alley and the parking
structure. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within 650 feet of the most remote uses; however, the majority of the spaces are located within the parking structure and are located within 300 feet of uses.
2. The Property has operated under various conditional use permits since 2014, when the site was renovated, and the largely vacant shopping center was re-leased to tenants. The 2014 use permit authorized a parking reduction of 416 parking spaces, off-site parking at 3700 Newport Boulevard, and a PMP. In November of 2016, the CUP was
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amended to authorize the use of off-site parking at the Hoag Health Center, located at 540 Superior Avenue. The off-site parking lot was intended for employees of LMV, and
a shuttle service was established. As more tenants occupied LMV, parking demand
grew, and employees began parking in nearby neighborhood streets due to the high cost of parking in the LMV structure and using the off-site shuttle. However, this unintended consequence was addressed through a pilot program that was formally authorized through UP2017-019 on January 9, 2018. The fee for employees to park in
the structure was substantially reduced, and additional tandem parking was created.
The applicant was required to operate the off-site employee shuttle on Fridays and Saturdays during peak hours, and when anticipated parking structure occupancy exceeded 85%.
3. In January 2021, a major tenant in LMV with the greatest demand for parking, Electra
Cruises, vacated the shopping center. Electra Cruises required 188 parking spaces and was unique in that the demand was acutely intense, with the customers arriving at roughly the same time and staying for several hours. Without Electra Cruises at LMV, the demand for parking is more uniform and reflective of a typical shopping center with
peak demand generally occurring at mealtimes. 4. Based on the changes in tenancy, the applicant is seeking to remove the requirement for off-site employee parking at Hoag Health Center (540 Superior Avenue). Pursuant to UP2017-019, 100 spaces were required at this off-site location for employees. The
100 employee parking spaces will be offset on-site through the provision of additional
employee parking in the structure (approximately 19 more spaces) and the reduction in parking demand resulting from the elimination of Electra Cruises. Electra Cruises generated a parking demand of approximately 188 parking spaces. The prior office space occupied by Electra has been re-occupied by a retail business that generates a
small parking demand of 11 spaces. Additionally, a small-scale charter boat operation
would replace Electra Cruises, which generates a parking demand of only 12 spaces. As a result, the elimination of Electra Cruises results in a net parking demand reduction of 165 spaces. No changes are proposed to the second off-site parking location at 3700 Newport Boulevard. The project includes a waiver of parking.
5. The Applicant provided a Parking Demand Analysis for the Project prepared by Linscott Law & Greenspan, dated October 4, 2023. The report analyzes the required parking based on real world observations, compared to the NBMC required spaces. Pursuant to the NBMC, approximately 853 parking spaces are required, where 385 spaces are
provided, resulting in a deficiency of 468 parking spaces. However, according to the
report, the NBMC vastly overestimates the actual demand for parking on-site. The existing parking rates for the various uses in LMV do not consider the availability of ride-share services, the intermixing of uses, differences in peak parking utilization, boat slip parking in the marina, nor the use of alternative transportation modes such as bicycles.
6. To determine the actual demand for parking at LMV, the report includes parking counts for typical weekdays and weekends when the demand is highest at LMV. The counts were conducted after Electra Cruises left LMV. LMV was approximately 97% occupied (i.e. only 3% of suites were vacant) at the time the parking counts were conducted, and
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the three vacant spaces were calculated using estimated demands based on their anticipated use (retail, office, and restaurant). The report concludes that the total supply
of parking spaces onsite will be sufficient to accommodate the existing and anticipated
demand at full occupancy of LMV. At the busiest time of the week, Friday at 1:00 p.m., the parking supply would be approximately 95% utilized with 19 surplus spaces available. On a typical Thursday, Saturday, and Sunday there would be a parking surplus of 63, 25, and 30 spaces, respectively.
7. Furthermore, the Project provides approximately 60 bicycle racks on-site throughout the Property, in locations that are convenient and visible to patrons. There are also public loading zones available for ride share drop off and delivery pick up that will reduce the demand on longer-term parking spaces.
4. Off-site parking with valet service is available for customers at 3700 Newport Boulevard from 6 p.m. through 2 a.m., daily, and these hours do not conflict with office uses at 3700 Newport Boulevard.
5. The parking occupancy data, parking layout plans, and proposed valet operations plan
of the PMP have been reviewed and found convenient, safe and effective by the City Traffic Engineer. Finding:
B. A parking management plan (PMP) shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan). Facts in Support of Finding:
1. The Applicant has provided an updated PMP dated August 1, 2023, prepared by LAZ Parking to mitigate the potential impacts associated with a reduction in the number of required parking spaces. The PMP provides a comprehensive strategy to manage the existing parking structure in Lido Marina Village including: valet operations, ride
share/delivery loading zones, off-site valet parking, and limits on uses which generate
higher parking demand. The Applicant shall continue to provide secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the NBMC at one off-site location (3700 Newport Boulevard).
In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code,
the following findings and facts in support of such findings are set forth: Finding:
C. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
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1. The parking facility at 3700 Newport Boulevard is adjacent to LMV and is approximately 65 feet from the existing LMV parking structure. The parking facility at 3700 Newport
Boulevard provides 18 valet parking spaces and is located within the larger Lido Marina
Village area and will be accessible for Lido Marina Village valet from 6 p.m. through 2 a.m., daily, when office uses are closed. The off-site parking lot will serve valet operations for customers when peak demand for restaurants occurs. The parking facility is conveniently accessible with the proposed valet circulation plan.
2. 33 municipal metered spaces are available within Lido Marina Village within the Central Avenue and Via Oporto public rights-of-way. These spaces do not contribute to satisfying the off-street parking requirement for Lido Marina Village; however, these public spaces will likely be utilized by visitors to Lido Marina Village due to proximity.
The public spaces will remain available to the public and will not be controlled by the
applicant. Finding:
D. On-street parking is not being counted towards meeting parking requirements.
Facts in Support of Finding: 1. On-street parking (33 spaces) within Lido Marina Village (LMV) is not utilized to satisfy
the required parking requirements.
2. The off-site parking lot located at 3700 Newport Boulevard is a private surface parking lot within the larger LMV area and on-street parking is not utilized to satisfy the required parking requirements.
Finding:
E. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area.
Facts in Support of Finding: 1. The City Traffic Engineer has reviewed the proposed off-site parking location at 3700 Newport Boulevard to ensure that it is located and operated to avoid undue traffic
hazards or impacts to surrounding uses prior to implementation.
2. The off-site parking facility at 3700 Newport Boulevard is accessed at the terminus of Central Avenue within LMV. Customer valet parking will occur after 6 p.m. when business offices that use this parking area are closed. Valet operations will follow the
existing approved valet circulation plan in place for Lido Marina Village so as not to
create undue traffic hazards for the surrounding area. Finding:
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F. 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 18 parking spaces shall be provided for customer valet parking from 6 p.m. through 2 a.m., daily, at 3700 Newport Boulevard. This parking area is an off-site,
private lot offered by a lease or other binding agreement.
2. 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 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 this use permit, 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 this use permit 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 this use permit
thereby supporting a parking reduction. 3. Off-site parking will be provided in accordance with NBMC Section 20.40.100 (Off-Site Parking). The required off-site parking shall be provided and permanently maintained for parking as long as the use authorized by this use permit remains effective or is
deemed unnecessary based upon a parking utilization analysis demonstrating a lack of
need for off-site parking. 4. If the off-site parking is not used for valet purposes, appropriate signage shall be provided indicating the availability of any off-site parking provided, subject to the review
of the Community Development Director.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision), the following findings and facts in support of such findings are set forth:
Finding:
G. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding:
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1. The Mixed-Use Water 2 (MU-W2) land use designation applies to waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-serving
commercial and residential dwelling units on the upper floors. Although Lido Marina Village (LMV) does not include residential uses, the proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are consistent with the Mixed-Use Water 2 (MU-W2) land use designation of the General Plan.
2. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure that an adequate supply of convenient parking is available throughout the City. Based on the Parking Demand Analysis Report, adequate parking will be provided, and the site will support the facilitation of alternative transportation modes such as bicycles and ride
share. The PMP will ensure that an adequate supply of parking is provided for LMV
based upon the shared use of parking within LMV, off-site parking at 3700 Newport Boulevard, as well as valet parking for patrons or employees. Any future off-site parking must meet the conditions of Section 20.40.100 (Off-Site Parking) of the NBMC to ensure the parking is convenient and available when it is necessary while minimizing other
conflicts or nuisance to surrounding properties.
3. The project site is not located within a Specific Plan area. Finding:
H. 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:
1. The Mixed-Use Water (MU-W2) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are
permitted or conditionally permitted in the Mixed-Use Water (MU-W2) Zoning District.
2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor Area Ratio (FAR). No additions to the existing gross floor area and resulting FAR are proposed.
3. The proposed parking reduction and PMP are consistent with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC based upon the findings contained within this resolution and implementation of the conditions of approval.
4. Off-site parking at 3700 Newport Boulevard is consistent with Section 20.40.100 (Off-
Site Parking) of the NBMC. Finding:
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I. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity.
Facts in Support of Finding: 1. The LMV commercial area has been operating from its current location in Lido Village since the early 1970s and has been compatible with the commercial, institutional, and residential
uses in the Lido Village area. Several years after the renovation of LMV, the site is almost
completely occupied with approximately 97% occupancy. The parking reduction and PMP allow for the continued success of Lido Marina Village with uses consistent with the General Plan and Title 20 (Planning and Zoning) of the NBMC in an orderly way while ensuring that parking meets actual parking demand.
2. No construction is proposed as part of the Project. The City Traffic Engineer has reviewed the proposed Parking Demand Analysis and the PMP and found the property to be physically suitable for the proposed mix of uses planned as parking will be supplied to meet real world parking demands. Conditions of approval are included to ensure that
any issues that arise are resolved in a timely manner to the satisfaction of the City.
3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant and retail uses included within LMV will serve visitors, area businesses, and residents in furtherance of the City’s Coastal Land Use Plan and the
Coastal Act.
Finding: J. 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. Facts in Support of Finding:
1. The facts in support of Finding I support this finding and are incorporated by reference.
2. Strict adherence to the valet circulation and parking plan will ensure that vehicle and pedestrian traffic provide proper access through LMV.
3. Emergency access to and through Lido Marina Village (LMV) is currently provided from
Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants have been previously reviewed by the Fire Department and no changes are proposed. The CUP and PMP have been reviewed and approved by the City Traffic Engineer, demonstrating that the site is physically suitable in terms of access, public services, and
utilities for the proposed use as a shopping center. No notable changes are proposed
to the existing circulation of the site. 4. LMV is presently served by public services and utilities and no changes are proposed.
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5. Any future tenant improvements will be reviewed by Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health
Department.
Finding: K. 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:
1. The facts in support of findings A through J support this finding and are incorporated by reference. 2. The proposed changes to the PMP would allow the applicant to eliminate the
requirement for off-site parking at the Hoag Health Center and discontinue the
associated employee shuttle. The PMP would allow additional valet parking for employees on the upper floors of the parking structure. 3. Any potential restaurants within Lido Marina Village will require either a subsequent
Minor Use Permit or Conditional Use Permit or an amendment to existing permits that
will provide a public review process to ensure that the parking for said uses are consistent with the PMP and provisions of the NBMC. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City.
3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas,
sidewalks, or parking lots, during business hours, if directly related to the patrons of the
district. Pursuant to Section 21.52.015 (Coastal Development Permits, Findings, and Decision) of the Newport Beach Municipal Code, the following findings, and facts in support of such findings
are set forth:
Finding: L. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. The existing property includes 60 bicycle parking spaces throughout the development. Section 21.40.045 (Bicycle Parking for Nonresidential Developments) of the NBMC
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requires that new nonresidential developments with over 10,000 square feet to provide bike racks that consist of at least 5% of the number of off-street parking spaces required.
Based on NBMC requirement of 853 parking spaces, 43 bike racks are required where
60 are provided. 2. The off-site parking lot at 3700 Newport Boulevard complies with the provisions of Section 21.40.100 (Off-Site Parking) of the NBMC, which largely mirrors the
requirements of Section 20.40.100 (Off-Site Parking) addressed in Findings C through
F above. The off-site, off-street parking will not impact public parking available for coastal access, as the existing parking area is a private lot that supports an existing office building. After 7:00 p.m., the spaces would be unused without a lease agreement in place for the shared use of the lot. The off-site spaces would support the LMV
development which provides public access to the bayfront via a public boardwalk and
vertical access walkways. 3. The proposed changes to the PMP will not impact public views from or to the property, nor will it degrade the visual quality of the coastal zone, as the changes only pertain to
parking operations.
4. The considerations identified in Section 21.40.110 (Adjustments to Off-Street Parking Requirements) pertaining to reduced parking demand, joint use of parking facilities, parking management plan, and required data, are addressed under Findings A and B
above and considerations relating to Section 21.40.110 (D) (Impact to Coastal Access
Prohibited) are addressed in Finding B below and are hereby incorporated by reference. Finding:
M. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. Fact in Support of Finding:
1. The Property is located between the nearest public road and the sea or shoreline. Section 21.30A.040 of Title 21 (Local Coastal Implementation Plan) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project includes changes to an
existing parking management plan for LMV to remove the requirement for off-site
employee parking. The removal of off-site employee parking is offset by the increased provision of employee parking on the upper levels of the parking structure, and the removal of a large-scale charter boat operation that required a significant number of parking spaces (Electra Cruises). More efficient use of valet for employees will improve the functionality
and use of employee parking onsite, resulting in an additional 19 employee parking
spaces. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities.
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2. The employees of LMV will continue to park on the upper floors of the existing parking
structure using the employee valet service. The City has not received any complaints
regarding employee parking in residential areas (Finley Tract) since the prior CUP No. UP2017-019 was approved. Additionally, as conditioned, employees will not be permitted to park on other levels of the structure, which would allow the other floors remain and available for the public to use. Lastly, the on-street parking spaces near the property are
metered and some are short term only (30 minutes maximum) and are not likely to be used
by employees who are on site for longer periods of time. A condition of approval is included to require free parking for employees within the parking structure to incentivize them to park within the designated employee areas.
3. The existing site includes a public waterfront walkway no less than 6 feet wide, and in
some areas it is 10 feet wide across the entire project site from 3400-3450 Via Lido. Vertical access between Via Oporto and the waterfront walkway is provided by a minimum of three separate public walkways that are also be 6 feet in width. No changes are proposed to the existing lateral of vertical public access ways. The restaurants that
have been approved with outdoor dining along the bay front walkway over the last
several years have maintained the 6-foot minimum walkway. 4. All public walkways will remain open to the public at all times and appropriate coastal access signage will be maintained.
5. No new curb cuts are required to implement the proposed parking management plan including the parking reduction, and removal of the off-site parking lot for employees. No street parking spaces would be removed as part of the project.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act under Section 15305
under Class 5 (Minor Alterations in Land Use Limitations) 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 Planning Commission of the City of Newport Beach hereby approves PA2021-089,
subject to the conditions outlined 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 by the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Implementation Plan), of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s
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certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act.
4. This resolution supersedes City Council Resolution No. 2018-2 (UP2017-019), which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF DECEMBER, 2023.
AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Barto
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved Parking Demand
Analysis prepared by Linscott Law and Greenspan, and dated October 4, 2023 including
the land use assumptions identified in Table 1 (Existing/Proposed Land Use Summary) (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. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit and Coastal Development Permit. 4. Parking at Lido Marina Village is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking
Management Plan (PMP) dated August 1, 2023, prepared by LAZ Parking, and any
amendments to the PMP shall be reviewed by the Community Development Director and
may require the processing a new use permit. 5. In no case shall higher intensity land uses be permitted to replace existing land uses
without review and approval by the Community Development Director. No further
intensification is anticipated under this use permit. The existing or baseline land uses
are identified in Table 1 (Existing/Proposed Land Use Summary) of the Parking Demand
Analysis (Linscott Law and Greenspan, October 3, 2023).
6. Conditional Use Permit PA2021-089 authorizes a parking reduction from what would
otherwise be required by the NBMC and establishes the maximum intensity of uses
within Lido Marina Village that may be allowed. This Use Permit does not authorize
further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits.
7. All parking spaces within the parking structure shall remain available and open for the
parking of patrons and employees, with the exception of valet spaces identified in the PMP
that may be used for valet. Employees shall only park within the designated areas identified in the PMP.
8. Employee parking shall be provided free of charge in the parking structure during the
employee’s shift or work hours within the designated areas of the PMP. A reasonable
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buffer shall be provided before and after the start and end of each shift or designated work hours. Any changes to the proposed cost for employees shall be reviewed and approved
by the Community Development Director and the City Traffic Engineer.
9. A minimum of 18 parking spaces shall be provided for customer valet parking from 6
p.m. through 2 a.m., daily, at 3700 Newport Boulevard. This parking area is an off-site, private lot secured by a private lease or other binding agreement.
10. 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 PA2021-089, 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 PA2021-089 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.
11. Substitute off-site parking shall be located within a convenient distance to the project site
as determined by the Director. On-street parking may not be considered. The substitute
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 substitute
required off-site parking shall be provided and permanently maintained for LMV employee
or patron parking as long as the uses authorized by Conditional Use Permit PA2021-089
remains effective.
12. This approval 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.
13. If off-site self-parking is secured and made available for patron use, the applicant shall provide appropriate signage indicating the availability and location of the off-site parking
to the satisfaction of the Community Development Director.
14. Signage shall be installed and maintained near existing short-term parking and loading
areas near to 3505 Via Oporto directing rideshare services to utilize the on-street loading spaces for pick-up and drop-off and not block the streets. Valet operators shall instruct
rideshare drivers to not block streets.
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15. 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 shall be placed in the front windshield of
the vehicle within a 7-inch square in the lower corner farthest removed from the driver’s
position.
16. All new, amended or extended leases shall include:
a. Language requiring notification to employees regarding the free parking program
offered and language strongly encouraging employees to register their car with
parking management as part of the parking program.
b. Language strongly encouraging participation in incentive programs organized and
implemented by the applicant/landlord to encourage the use of alternative modes of transportation such as bicycling, public transit, carpooling, and walking.
17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido)
shall be maintained consistent with Coastal Land Use Plan policies. The walkway shall
be a minimum of 6 feet in width but preferably 10 feet wide or more. Minor
encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be
maintained. Any changes shall be reviewed and approved by the Harbor Resources
Division and Community Development Director. Public access to the waterfront walkway
shall be maintained at all times.
18. A minimum of three vertical public walkways shall continue to be maintained between
Via Oporto and the lateral public access walkway along the waterfront, consistent with
Coastal Land Use Plan policies. The walkways shall be a minimum of 6 feet in width,
but preferably wider. Minor encroachments may be permitted by the Community
Development Director provided adequate access will be maintained. The three public walkways shall not be gated or otherwise blocked and shall be open for public access
at all times.
a. One walkway shall be maintained at 3448 Via Oporto (APN 423-123-04).
b. The second walkway shall be maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located.
c. The third walkway shall be maintained at 3400-3420 Via Oporto (APN 423-123-07)
with the final location to be reviewed and approved by the Community Development
Director.
19. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the
Newport Beach Municipal Code. The applicant shall maintain appropriate public access
signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Community Development Director.
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20. 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. 21. Should the property be sold or otherwise come under different ownership or control, 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.
22. 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 Beach Municipal
Code to require such permits.
23. Conditional Use Permit and Coastal Development Permit filed as PA2021-089 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time Limits and Extensions) and 21.54.060. A (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
24. This conditional use permit supersedes Conditional Use Permit No. UP2017-019
(PA2017-135), except this Conditional Use Permit continues to authorize the existence of a public parking garage that exceeds the basic height limit up to 35 feet in height based
upon the facts in support of findings provided by the approval of UP1636.
25. This Use Permit and Coastal Development Permit 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 are detrimental to the public health, welfare, or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained to constitute a public nuisance. 26. 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 periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
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
27. 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 leasing agent.
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28. 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. 29. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
30. The exterior of the business shall be always maintained free of litter and graffiti. 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.
31. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements). 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the
Director of Community Development and may require an amendment to this Use Permit. 33. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure.
34. A Special Events Permit is required for any event or promotional activity outside the normal operating 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.
35. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Parking Management Plan including, but not limited to, Conditional Use Permit and Coastal Development Permit (PA2021-089).
This indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in
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enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification
requirements prescribed in this condition.
Public Works Department 36. If issues or problems arise with the implementation of the Parking Management Plan
prepared by LAZ Parking dated August 1, 2023, the applicant shall modify the operations
to the satisfaction of the City Traffic Engineer and Community Development Director.
Additional parking management strategies, implementation of a modified operation, or
additional off-site parking shall occur immediately upon approval or direction of the City.
37. 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.
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