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HomeMy WebLinkAbout1937 - CUP FOR COMMERICAL PARKING ON A RESIDENTIAL LOT, EXISTING SFR TO BE DEMOLISHED AND PARKING AREA TO BE EXTENDED WITH 16 NEW SPACES FOR AN EXISTING SKILLED NURSING FACILITY - 1455 Superior AveRESOLUTION NO. 1937 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2013 -027 FOR A PARKING LOT WITHIN A RESIDENTIAL ZONE LOCATED AT 1455 SUPERIOR AVENUE F (PA2013 -238) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gregg Maedo and Associates, Inc. with respect to property located at 1455 Superior Avenue, F, and legally described as First Addition to Newport Mesa Tract lot 818 westerly 50 feet, southerly 165 feet in lot tract 257 requesting approval of a Conditional Use Permit. 2. The applicant proposes to develop a residentially zoned lot with a 16 -space parking lot. The parking lot will be utilized by Crystal Cove Nursing Facility on the abutting lot at 1445 Superior Avenue. The lots are under common ownership. 3. The subject property is located within the Multi -Unit Residential (RM) Zoning District and the General Plan Land Use Element category is Multi -Unit Residential (RM). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 20, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15311, Article 19 of Chapter 11, Guidelines for Implementation of the California Environmental Quality Act) under Class 11 (Accessory Structures). 2. The Class 11 exemption includes small parking lots and the 16 -space parking lot is considered a minor development that will be accessory to the commercial Nursing Facility. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 1937 Paae 2 of 7 Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The project site has a land use designation of Multiple -Unit Residential (RM) which is intended primarily for multi - family residential but allows for uses that support the surrounding area with the appropriate approvals. 2. 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: 1. The project site is located within the Multi -Unit Residential (RM) Zoning District. The RM Zoning District allows for a parking lot for a nonresidential use with the approval of a conditional use permit. 2. The parking lot will meet all of the requirements of Zoning Code Section 20.40.080 including access, signage, lighting, and a perimeter wall a minimum of 6 feet tall to provide a barrier to the abutting residential use to the east. Additionally, the proposed parking lot will meet all of the requirements of Zoning Code Section 20.40.070 which provides required parking area improvements including drainage, landscaping, and stall markings. 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: 1. The project is within a residentially zoned neighborhood; however, the immediate surrounding area consists of more than just residential uses. Directly east of the site is the Crystal Cove nursing facility (nursing facility). North of the site is a vacant lot which was recently approved to be developed as a memory care facility. West and south of the site is a multi - family residential community and southeast of the site is a medical /commercial office. The project will provide additional parking for the nursing facility. 10 -15 -2013 Planning Commission Resolution No. 1937 Page 3 of 7 2. The subject lot used as a stand -alone residential lot has limited access through a private easement called Medical Lane and the parking lot provides a use more compatible with the institutional uses in the surrounding neighborhood. 3. The parking lot provides landscaping and a property line wall as a barrier to the abutting residential use. 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, and Facts in Support of Finding: 1. Landscaping is provided to meet the minimum requirements for a new parking lot. 2. The project site provides adequate circulation that has been reviewed by the City Traffic Engineer. Conditions of approval are included to ensure compliance with all the circulation standards and the final construction plans are required to be approved by the City Traffic Engineer. 3. Emergency vehicle access is not disrupted by the proposed parking lot and the design has been reviewed by the Fire Department. 4. The site is served by adequate public services and utilities. Adequate lighting will be provided as well as irrigation. 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. 1. The existing lot abuts the nursing facility use. The nursing facility has expressed a need for additional parking and the abutting lot will provide 16 additional parking spaces. 2. The surrounding uses also include multi - family residential units, senior retirement complex, and medical office. 3. A solid 6- foot -high masonry wall will provide a buffer along the property lines that abut the multi - family residential property to the west and to the south. 4. Landscaping, including new trees, is provided along the property lines abutting the residential use and abutting the existing nursing facility parking lot. 10 -15 -2013 Planning Commission Resolution No. 1937 Paqe 4 of 7 5. The recently approved memory care facility to the north was conditioned to improve circulation on Medical Lane around the Nursing Facility and allowing for the additional parking with through access from Superior Avenue satisfies this condition, improving the surrounding area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2013 -027, 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 14 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 20th DAY OF MARCH, 2014. AYES: AMERI, BROWN, HILLGREN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: NONE M 10 -15 -2013 Planning Commission Resolution No. 1937 Paae 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2013 -027 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Use Permit. 5. This Conditional Use 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 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. 6. 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. 7. This Use Permit is for allowance of this parking lot to be used by the convalescent facility use at 1445 Superior Avenue and a change in the lot proposing to use the parking may require an amendment to this Conditional Use Permit. 8. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10 -15 -2013 Planning Commission Resolution No. 1937 Page 6 of 7 10. The final landscape and irrigation plan shall be included in the construction drawings. These plans shall be consistent with the approved use permit plans and incorporate drought tolerant plantings and water efficient irrigation practices, to meet the minimum requirements of Section 20.40.070 Development Standards for Parking Areas. 11. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12. A solid masonry perimeter 6- foot -tall wall shall be maintained along the interior property lines adjacent to residential use to the south and west of the subject property. 13. Lighting shall comply with the standards in Section 20.30.070 (Outdoor Lighting) and the parking lot shall be lighted so that there is a minimum illumination over the entire lot of 1.0 footcandle and an average over the entire lot of 2.5 footcandles. A photometric study shall be provided in the construction drawings unless otherwise approved by the Community Development Director. 14. 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. 15. 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. 16. 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 the Crystal Cove Parking Lot including, but not limited to, the PA2013 -238. 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. 10 -15 -2013 Planning Commission Resolution No. 1937 Page 7 of 7 Building Division Conditions 17. A building permit is required for the construction of the parking lot. 18. The number of accessible parking spaces must be justified pursuant to the California Building Code. 19. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 20. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Conditions 21. All signage shall comply with the current California Manual of Uniform Traffic Control Devices (MUTCD) and striping shall comply with the current Caltrans Standard Plans. 22. The parking lot layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B. 10 -15 -2013