HomeMy WebLinkAboutAlbertson's Off-Site Prkng Agrmnt Status RptCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 20, 2008
Agenda Item 4
SUBJECT: Albertson's Off -Site Parking Agreement Status Report
3049 East Coast Highway, Corona del Mar
■ Use Permit No. 3650 (PA2007 -115)
PLANNER: Russell Bunim, Assistant Planner
(949) 644 -3233, rbunim (&- city.newport- beach.ca.us
PROJECT SUMMARY
On May 22, 2008, the Planning Commission conducted a one -year review of Albertson's
compliance with the conditions of approval of Use Permit No. 3650.
This staff report is intended to provide the six month review requried by the Planning
Commission.
RECOMMENDATION
1. Conduct a public hearing to receive any comments from the public;
2. Receive and file.
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Albertson's Status Report
November 20, 2008
Page 2
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Commercial Corridor
Retail Service Commercial
Retail
NORTH
Commercial Corridor
Retail Service Commercial
Retail
SOUTH
Commercial Corridor
Retail Service Commercial
Retail
EAST
Commercial Corridor
Retail Service Commercial
Retail
WEST
Two -Unit Residential
I Two-Family Residential
Residential dwellings
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Albertson's Status Report
November 20, 2008
Page 3
INTRODUCTION
Background
Use Permit 3650
On June 14, 1999, the City Council, on appeal, approved Use Permit No. 3650 for an
off -site parking agreement in lieu of additional on -site parking required for adding a
1,673 square -foot mezzanine. The Council did not view the addition as increasing the
actual parking demand.
Violations and Planning Commission Review
On May 3, 2007, the Planning Commission directed staff to provide a report on
Albertson's compliance with the following conditions of approval of their Use Permit:
• Condition #9
"Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m.
and 7:00 a.m. daily, unless otherwise approved by an amendment to this Use Permit."
• Condition #18
"The owner of the market shall provide blue meter parking permits to all employees and renew
them on an annual basis. The permit shall be provided at no cost to the employees. The
employees shall be directed to park in the City parking lot on Bayside Drive at Marguerite Avenue
at all times space is available in the parking lot. After 7:00 p.m., the employees shall park on
site."
• Condition #23
"During hours not available for delivery, the service bay shall be chained."
Condition #24
"Prior to the issuance of building permits the applicant shall obtain the appropriate permits to
widen the driveway closest to First Avenue from the parking lot onto Iris Avenue. The work on
the driveway shall be completed under an encroachment permit issued by the Public Works
Department. Upon completion of the driveway widening, delivery trucks shall be required to exit
the shopping center from this driveway and turn right onto iris Avenue. Delivery trucks shall be
prohibited from driving south down Iris Avenue and Jasmine Avenue beyond First Avenue."
At the June 7, 2007, meeting, the Planning Commission received a staff report
documenting Albertson's violations of the conditions of approval. The Planning
Commission directed Albertson's to comply with their conditions and directed staff to
provide a one -year status report.
One year later, at the May 22, 2008, meeting, the Planning Commission received the
status report. Once again, staff documented that Albertson's violated the conditions of
approval. After receiving testimony from staff and Albertson's new management, the
Planning Commission directed Albertson's to comply with their conditions within a week
and directed staff to provide a six month status report.
Albertson's Status Report
November 20, 2008
Page 4
DISCUSSION
Analysis
One week after receiving direction from the Planning Commission at the May 22, 2008,
meeting, staff met with Albertson's management to advise them that Code Enforcement
will be patrolling the area.
Code Enforcement issued four citations to Albertsons on June 11, 2008, for violating
Condition No. 18 of the off -site parking agreement (See Exhibit No. 1 for Code
Enforcement Memorandum).
The second enforcement issue that needed to be addressed was deliveries occurring
before 7:00 a.m. (Condition No. 9). Code Enforcement monitored the site on two
different mornings before 7:00 a.m. and did not observe any delivery violations.
Code Enforcement staff states in their September 23, 2008, Memorandum (Exhibit 1)
that Albertson's is in compliance with their conditions of approval. As a result of
Albertson's compliance, the reporting party who brought the violations to the attention of
the City stated that more parking is available in the neighborhood.
Environmental Review
A monitoring report is not a project under CEQA.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site including the applicant, and posted on the
subject property at least 10 days prior to this hearing consistent with the provisions of
the Municipal Code. Additionally, the item was shown on the agenda for this meeting,
which was posted at City Hall and on the City website.
Prepared by:
Wr '
Russell B mm, Assistant Planner
EXHIBITS
1. Code Enforcement Memorandum
Submitted by:
David Lepo, Plai ng Director
ko
CODE ENFORCEMENT
MEMORANDUM
EXHIBIT 1
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CITY OF NEWPORT BEACH
CITY MANAGER'S OFFICE
Code & Water Quality Enforcement Division
To: Russell Bumm
From: Charles Spence
Subject: 3049 East Coast Hwy / Albertson Employee Parking/ Early Morning Deliveries
Date: September 23, 2008
This is a review of Albertsons Inc. off -site parking agreement from June 11th 2008 to Sept.
22" 2008.
On June I Ph 2008 Albertsons was issued four (4) administrative citations (12008 -0777)
for failure to comply with UP No. 3650, Condition #18 — Parking Requirements.
Following this action, it was determined that Albertsons be monitored by Code
Enforcement on a weekly basis.
For the remainder of June, Code Enforcement monitored Albertson every Tuesday and
Thursday afternoon (12:00 p.m. -1:00 p.m.). Using a list provided by Albertson, Code
Enforcement verified registered employee vehicles parked in Bayside Dr municipal lot.
Utilizing the same vehicle list, Code Enforcement conducted a sweep of the surrounding
streets (Fist Ave, Iris Ave, Jasmine Ave and Bayside Dr.). There were no registered
employee vehicles parked on City Streets.
In July of 2008, Code Enforcement changed inspection days to Monday, Wednesday and
Friday (12:00 p.m.- 1:00p.m.). Code enforcement also included two random early morning
inspections to address un- pen .iitted deliveries prior to 7:00 am... There were no observed
violations of illegally parked vehicles on City streets or any un- pennitted deliveries made
to Albertsons prior to 7:00 am... Planning Department also spoke with reporting parties
and verified that Albertson had been maintaining compliance.
In August 2008, it was decided by Code Enforcement to monitor Albertson on a bi-
weekly basis and on random days/ times. There were no violations observed during this
time. This was also confirmed by Planning after checking with reporting parties.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3215 • Fax: (949) 718 -1840 • www.city.newport- beach.ca.us
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September 2008, has mirrored the months of July and August. Planning did check with
reporting parties who stated that employees were in compliance. The reporting parties
were under the suspicion that Albertsons employees may be parking further down First
Ave. and along Heliotrope Ave... Code Enforcement widened its sweep of the affected
area and found no evidence that this was taking place. Code enforcement concluded it's
monitoring of Albertson on September 22°" 2008. Contact was made with Managerial
Staff and thanked them for their compliance. Code Enforcement requested them to update
employee vehicle list with Planning Department and to maintain compliance.
Code Enforcement has found Albertson to be in compliance with UP No 3650 Condition
#18. However, it is our opinion that Albertson be required to maintain an updated
employee vehicle list at all times and have it available upon request.
Sincerely,
al �
Charles Spence
Code and water Quality Enforcement Officer
P