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HomeMy WebLinkAbout1939 - UP2014-005 - FOR THE ALTERATION AND ADDITION TO AN EXISTING NONCONFORMING HOTEL - 121 Mc Fadden PlRESOLUTION NO. 1939 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014 -005 FOR THE ALTERATION AND ADDITION TO AN EXISTING NONCONFORMING HOTEL LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel the existing nonconforming hotel use above reducing the overall number of rooms from 11 to 8 and to add square footage to create independent restroom and kitchen facilities within each remaining room. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITYACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves a 476- square -foot addition and an alteration to Planning Commission Resolution No. 1939 reduce the number of hotel rooms in an existing hotel; therefore, there is no expansion of use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The General Plan land use designation for this site is MU -W2 (Mixed -Use Water Related). The MU -W2 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. The improved small -scale hotel is consistent with this land use designation as it will provide upgraded visitor accommodations. A -2. The proposed project will not result in an increase in the floor area ratio; therefore, the project is consistent with the Land Use Element. A -3. The proposed upgrades and hotel use are consistent with General Plan Land Use Policy LU6.12.1 (Priority Uses) and Coastal Land Use Policy 2.1.5 -7 which aim to accommodate visitor- and local- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations . The hotel use is consistent with this policy and would improve upon an existing visitor- and local- serving development. A -4. The hotel use is compatible with the land uses permitted within the surrounding neighborhood. The newly upgraded hotel will help to improve and revitalize the existing building and the surrounding neighborhood. A -5. 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The existing building and hotel use precede the City's Zoning Code and, therefore, the use is considered legal nonconforming. The site is located in the MU -W2 (Mixed -Use Tmplt: 03/08/11 Planning Commission Resolution No. 1939 Paae 3 of 8 Water Related) Zoning District. The MU -W2 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. A hotel is listed as a permitted use within this district subject to approval of a conditional use permit. B -2. The subject property does not provide on -site parking; however, the proposed alterations to the existing nonconforming hotel will reduce the total number of hotel units thereby decreasing the intensity and parking demand. B -3. As conditioned, the operator will be required to register the business as a hotel pursuant to Municipal Code Section 3.16.060 (Registration of Hotel) within 30 days after commencing business. B -4. Consistent with Municipal Code Chapter 3.16 (Uniform Transient Occupancy Tax) and as conditioned, the operation will be subject to the transient occupancy tax requirement. 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 upgraded hotel use will be compatible with the existing and allowed local- and visitor - serving uses in the vicinity. C -2. The existing nonconforming hotel units have operated without the benefit of a use permit since the early 1900s. C -3. The floor plan provides improved hotel units and improved access to those hotel units that include small closets, kitchens, restrooms, and deck areas. The proposed upgrades will activate an inactive hotel operation and will provide accommodations for visitors to the area which will serve the surrounding residential and business community. 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. Facts in Support of Finding: D -1. The project site is located within an existing commercial building and is designed and developed for a hotel use. The design, size, location, and operating characteristics of the Tmplt: 03/08111 Planning Commission Resolution No. 1939 Pape 4 of 8 use are compatible with the surrounding neighborhood. The existing space on the subject property has historically been utilized as a hotel. D -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. D -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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 project has been reviewed and 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 in parking areas, sidewalks and areas surrounding the subject property and adjacent properties, if directly related to the guests of the hotel. E -2. The hotel use will serve the surrounding community by offering additional visitor - serving accommodations. This will help to revitalize the project site and provide an economic opportunity for the property owner to activate the hotel. E -3. The existing nonconforming hotel units have operated without the benefit of a use permit since the early 1900s. The conditions of approval will ensure the hotel units do not become illegal dwelling units. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -005, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference, and concurrent with Conditional Use Permit No. UP2013 -016. 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 Tmplt: 03108/11 Planning Commission Resolution No. 1939 Paae 5 of 8 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: Hillgren, Tucker, Kramer, Ameri, Brown, Lawler, Myers NOES: None ABSTAIN: None ABSENT: None An M Tmplt: 03/08/11 Planning Commission Resolution No. 1939 Paae 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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. Conditional Use Permit No. UP2014 -005 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 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 Conditional Use Permit. 5. 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. 6. 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. 7. 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. 8. Prior to the issuance of a building permit, the applicant shall gain approval of a lot merger and said lot merger shall be recorded. 9. 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. 10. Within 30 days of business commencement, the operator shall register the business as a hotel consistent with Municipal Code Section 3.16.60 (Registration of Hotel). 11. The operator shall ensure no guest of the hotel stays beyond the 31 -day maximum limitation and the hotel units shall not be operated as apartment dwelling units with long -term or short -term leases. Tmplt: 03/08/11 Planning Commission Resolution No. 1939 Page 7 of 8 12. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 13. 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 file. 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. 14. All proposed signs shall be in conformance with any applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 16. 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. 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 Community Development Director, and may require an amendment to this Conditional Use Permit. 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 19. 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 Stag Hotel CUP including, but not limited to, the Conditional Use Permit No. UP2014 -005. 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. Tmplt: 03/08/11 Planning Commission Resolution No. 1939 Paae 8 of 8 Building Division 20. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 21. The issuance of the final certificate of occupancy for the hotel shall be concurrent with the issuance of the final certificate of occupancy for the eating and drinking establishment approved by Planning Commission Resolution No. 1938. Tmplt: 03/08/11