HomeMy WebLinkAbout1966 - APPROVING USE PERMIT- NO. UP2014-014 AUTHORIZING A PARKING MANAGEMENT PLAN, PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE RESOLUTION NO. 1966
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-
014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING
REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE
(PA2014-002)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village
located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and
3431-3505 Via Oporto requesting approval of a conditional use permit for a parking
reduction, parking management plan, and off-site parking. 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 a conditional use permit for a reduction in on-site parking
requirements in conjunction with the renovation of uses within a shopping area known
as Lido Marina Village. The requested reduction in on-site parking requirements is
based upon anticipated parking demand over time taking into account the various uses
at the site. The proposal also includes a parking management plan (PMP) pursuant to
Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site
parking pursuant to Section 20.40.100 (Off-Site Parking).
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone and the Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a
public parking garage that exceeds the basic height limit within the 26/35 foot height
limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020).
6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law,
& Greenspan, on behalf of the applicant, to determine the specific parking needs of the
center.
7. A public hearing was held on December 4, 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. The Planning Commission voted to continue the item to the December 18,
2014, meeting.
Planning Commission Resolution No. 1966
Page 2
8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. The meeting was continued to a date certain from the
December 4, 2014, Planning Commission meeting. 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. The proposed project is a parking reduction and PMP associated with the renovation
and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina
Village). Interior and exterior changes to the existing commercial buildings are largely
cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor
area will not be increased and a maximum of 430 square feet of existing commercial
floor area will be converted from retail uses to restaurant uses and approximately
3,127 square feet of additional outdoor dining areas will be located adjacent to existing
commercial buildings. With the implementation of the proposed PMP, parking
necessary to meet actual parking demand will be provided by a combination of on-site
parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking).
2. The project is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small
Structures). This Section exempts the construction and location of limited numbers of
new, small facilities or structures (up to 10,000 square feet in area) and the conversion
of existing small structures from one use to another where only minor modifications
are made to the interior or exterior of the structure. Additionally, the proposed project
is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts
interior and exterior alterations and small additions to existing structures when the
changes involve a negligible or no expansion of existing uses.
SECTION 3. FINDINGS.
The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as
approved on December 14, 1972). The parking structure is in substantial conformance with
UP1636 and requires no amendment. The request to modify parking is considered a substantial
change where this Conditional Use Permit shall supersede UP1636.
In accordance with Section 20.40.110.B.1 (Reduction in Off-Street Parking) of the Newport
Beach Municipal Code), 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).
Planning Commission Resolution No. 1966
Page 3
Facts in Support of Finding:
1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, &
Greenspan, concluded that parking demand for the renovated Lido Marina Village can
be accommodated within a combination of private and public spaces in the immediate
area for most of the planned uses. The Parking Demand Analysis includes two partial
occupancy scenarios referred to therein as Scenario A and Scenario B (attached as
Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido
Marina Village could be leased and occupied and parking demand would be observed
to see if additional parking intensive uses could be accommodated given limited
parking resources within Lido Marina Village. If not, the applicant will be required to
secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the
Zoning Code in order to be allowed to occupy further building area.
2. Parking within Lido Marina Village includes a multi-level parking structure, parking
within Central Avenue, Via Oporto (planned), and along the north side of Via Lido. 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.
3. The parking demand analysis is reliant upon modifications to the pedestrian and
parking areas within the Central Avenue and Via Oporto rights-of-way. The parking
demand analysis, proposed right-of way improvements, modifications to the Lido
Marina Village parking structure, and proposed valet operations plan 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 a PMP dated November 13, 2014, and prepared by LAZ
Parking. The PMP provides a comprehensive strategy to manage the existing parking
structure in Lido Marina Village including: valet operations, improvements to facilitate
increased mobility for bicycles, pedestrians, & boats, the provision for future off-site
parking when parking demand exceeds on-site supply, and limits on uses which
generate higher parking demand. The Parking Demand Analysis includes two partial
occupancy scenarios where only portions of the vacant spaces in Lido Marina Village
would be leased and occupied and parking demand would be observed to see if
additional parking intensive uses could be accommodated given the limited parking
resources within Lido Marina Village. If not, the applicant will be required to secure off-
site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code.
Planning Commission Resolution No. 1966
Page 4
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. On-street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. The Planning Commission shall review any proposed off-site parking locations to
ensure that they are located a convenient distance from Lido Marina Village. If the
distance necessitates it, a shuttle service will be provided for employees or patrons.
2. Fifty four (54) public and municipal metered spaces are available within Lido Marina
Village with the planned improvements 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.
Findinq:
D. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. The Planning Commission and City Traffic Engineer shall review any proposed off-site
parking locations to ensure that they are located and operated to avoid undue traffic
hazards or impacts to surrounding uses prior to implementation. Prior to the approval
of any off-site parking lot, notice shall be provided to residents, businesses, and
property owners within 300 feet of the proposed parking lot.
Finding:
E. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
Facts in Support of Finding:
1. Recorded or other binding agreements shall be provided to demonstrate that parking
will be available to serve the uses within Lido Marina Village when the project demand
requires.
Planning Commission Resolution No. 1966
Page 5
2. Off-site parking for marine entertainment and excursion services may be provided at
an off-site parking consistent with this Conditional Use Permit and Section 20.40.100
(Off-Site Parking) of the Zoning Code.
3. Appropriate signage shall be provided, indicating the availability of any off-site parking
provided, subject to the review of the Community Development Director.
4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site
Parking).
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
F. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) 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 does not include residential uses, the proposed mix of retail,
marine-related commercial, service commercial, office, and restaurant uses are
consistent with the MU-W2 (Mixed-Use Water Related) land use designation of the
General Plan.
2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis under the proposed
Parking Demand Analysis and Implementation of the proposed PMP will ensure that
an adequate supply of parking is provided for Lido Marina Village based upon the
shared use of parking within Lido Marina Village and future off-site parking for patrons
or employees when parking demand warrants it. Any future off-site parking must meet
the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code 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:
G. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Planning Commission Resolution No. 1966
Page 6
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) 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 MU-W2 (Mixed-Use Water
Related) Zoning District.
2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor
Area Ratio (FAR). The proposed renovation of the existing structures will not result in
increases to the existing gross floor area and resulting FAR.
3. The proposed parking reduction and PMP are consistent with Section 20.40.110
(Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the
findings contained within this resolution and implementation of the conditions of
approval.
4. Off-site parking may be required and must be found consistent with Section 20.40.100
(Off-Site Parking) if it is required by the parking demand study for the implementation
of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution).
Finding:
H. The proposed project is consistent with applicable policies of the Coastal Land Use
Plan that require public access to and along the waterfront.
Facts in Support of Finding:
1 . The project will include an improved public waterfront walkway no less than 6-feet
wide, but preferably 10-feet wide across the entire project site 3400-3450 Via Lido.
Public access between Via Oporto and the waterfront walkway will be provided by a
minimum of three separate public walkways that will also be 6 feet in width.
2. The walkways will be improved and provided prior to issuance permits for outdoor
patios in the existing public easement as identified in the approved PMP.
3. All public walkways will be open to the public at all times and appropriate coastal
access signage will be provided.
Finding:
I. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Planning Commission Resolution No. 1966
Page 7
Facts in Support of Finding:
1. The Lido Marina Village commercial area has been operating from its current location in
Lido Village since the early 1970's and has been compatible with the commercial,
institutional, and residential uses in the Lido Village area. The site has been operating
with a significant number of vacancies for quite some time and revitalization of the area
has been a priority of the City for a number of years. As a result, the City adopted the
Lido Village Design Guidelines in 2012, to guide property owners toward making
improvements to promote revitalization and compatibility. The proposed parking
reduction and PMP will allow for the re-occupancy of Lido Marina Village with uses
consistent with the General Plan and Zoning Code in an orderly way while ensuring that
parking meets actual parking demand over time.
2. Lido Marina Village is a developed site. The applicant is not seeking any additional
building area; however, the proposed changes in uses and the provision of exclusive
restaurant dining areas will increase required parking as identified by the Zoning Code.
Lido Marina Village will provide 368 private parking spaces and 54 public parking
spaces for visitors to the area with the implementation of the proposed PMP. The PMP
is a comprehensive parking management solution that includes additional off-site
parking consistent with the requirements of the Zoning Code, should it prove
necessary in the future as Lido Marina Village is re-occupied. As a result, the project
site, with the implementation of the PMP, is physically suitable for the proposed mix of
uses planned as parking will be supplied to meet actual parking demands.
3. This is an existing mixed-use district that is compatible with other commercial uses in
the area. The restaurant uses included within Lido Marina Village will serve visitors,
area businesses, and residents in furtherance of the City's Coastal Land Use Plan and
the Coastal Act.
4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan
policies, will be provided to Newport Bay as required by the conditions of approval.
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 F support this finding and are incorporated by
reference.
2. Emergency access to and through Lido Marina Village is currently provided from
Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are
currently provided and proposed changes to the rights-of-way have been reviewed and
Planning Commission Resolution No. 1966
Page 8
approved by the City Traffic Engineer and Fire Department as being safe, convenient
and adequate to provide public and emergency vehicle access.
3. Lido Marina Village is presently served by public services and utilities and the overall
renovation of the site involves very limited intensification that can be accommodated
by existing public services and utilities.
4. The design of the improvements will comply with all 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 G support this finding and are incorporated by
reference.
2. The renovations to Lido Marina Village should have a positive impact on the area and
may promote further revitalization of commercial properties in the Lido Village area.
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 parking demand analysis. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit
"A", which is attached hereto and incorporated by reference, to replace and supersede
Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void.
Planning Commission Resolution No. 1966
Page 9
2. This action shall become final and effective 14 days following the date this Resolution
was adopted 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 18TH DAY OF DECEMBER, 2014.
AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER
NOES:
ABSTAIN:
ABSENT: KRAMERR
BY: = J
Larry Tucker, Chaiirrm'a
BY: (� v
?a0yer , Se retary
Planning Commission Resolution No. 1966
Page 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. UP2014-014
1. 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 November 13, 2014, prepared by LAZ Parking,
and any amendments to the PMP shall be reviewed and be approved by the Community
Development Director with notice on the Planning Commission agenda prior to expiration
of the appeal period for decisions of the Community Development Director.
2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a
higher parking requirement than the base retail rate) exceed the maximum gross floor
area of uses identified the Land Use Summary dated November 3, 2014, attached as
Exhibit "B" to this resolution.
3. Conditional Use Permit No. UP2014-014 (PA2014-002) authorizes a parking reduction
from what would otherwise be required by the Zoning Code 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.
4. Prior to the approval of permits for uses in excess of Occupancy Scenario A or
Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall
submit a new Parking Demand Analysis prepared by a qualified traffic consultant or
traffic engineer that identifies expected parking demands for the remainder of
unoccupied spaces within Lido Marina Village for review and approval by the City
Traffic Engineer and Planning Commission. If the approved study does not show that
sufficient parking is available within Lido Marina Village to serve said uses, the
applicant may secure off-site parking to meet anticipated parking demands. Off-site
parking shall be reviewed and approved by the City Traffic Engineer and Planning
Commission prior to the implementation of Occupancy Scenario A or B and shall be
consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the
approval of any off-site parking lot, notice and an opportunity to comment shall be
provided to residents, businesses, and property owners within 300 feet of the
proposed parking lot. In the event that the right to use any off-street automobile
parking spaces provided for in an offsite parking agreement ceases for any reason, the
applicant shall immediately notify the Community Development Director of the loss of
such offsite parking spaces. Upon notification that the agreement for any of the
required off-site parking has terminated, one of the following shall occur within 60 days
of the date applicant was obligated to so notify the Community Development Director:
(a) Substitute parking is provided that is acceptable to the Director; (b) The size or
capacity of the use is reduced in proportion to the off-site parking spaces no longer
available; (c) The applicant submits to the Director a new or amended Off-Site Parking
Agreement, giving the applicant the use of at least the same number of parking spaces
as were originally covered by the off-site parking agreement.
Planning Commission Resolution No. 1966
Page 11
5. If off-site 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.
6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing
triple tandem parking spaces on fifth level of the parking structure shall be shall be
removed. The parking structure shall provide a minimum of three hundred forty five (345)
parking spaces and 13 tandem parking spaces.
7. Valet parking operations may be provided and shall be conducted consistent with the
PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking
service shall be provided when parking demand is expected to exceed 85 percent
utilization of the parking structure.
8. 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 install and 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 Director of
Community Development.
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. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and
additional use intensity within Lido Marina Village. The applicant will be credited for
existing uses and the loss of any gross floor area. Fair share fees shall be applied in
accordance with the current fee schedule that is effective at the time each building permit
is issued.
11. 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.
12. 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.
13. Conditional Use Permit No. UP2014-014 (PA2014-002) shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.54.060.A (Time
Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
Planning Commission Resolution No. 1966
Page 12
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. The project 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.
15. 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.
16. To the fullest extent permitted by law, the 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 Conditional Use Permit No. UP2014-014 (PA2014-
002), the including, but not limited to the Lido Marina Village PMP, valet parking, any
future off-site parking agreements, all non-standard or private improvements within the
public right-of-way, and encroachments within any easements or access walkways. 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.
17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido)
shall be provided and 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. The final location, width, design of the walkway 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 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.
Planning Commission Resolution No. 1966
Page 13
a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123-
04).
b. The second walkway shall be provided and 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 located at 3400-3420 Via Oporto (APN 423-123-07)
with the final location to be reviewed and approved by the Community
Development Director.
19. Off-site parking for marine entertainment and excursion services may be provided at
off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off-
Site Parking) of the Zoning Code.
20. For existing fire access roadways, the minimum street width shall be 20 feet, with no
parking on either side. The width shall be increased to 26 feet within 30 feet of a fire
hydrant, with no vehicle parking allowed on either side of the street. Existing
nonconforming conditions may remain until such time when the project site is
redeveloped and all nonconformities shall be removed. No new structures will be
allowed within fire access roadways without the prior review and approval of the Fire
Department.
21. Where areas of no parking are required due to access and roadway widths, "No
Parking" signs and/or red curbing will be required and must comply with Newport
Beach Fire Department Guideline C.02.
22. Valet drop-off and pick-up may be conducted in designated parking spaces along the
Via Oporto curb and shall not be conducted in fire access roadways.
23. 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.
24. All improvements subject to an encroachment agreement or encroachment permit
shall be constructed as required by Ordinance and the Public Works Department.
25. An encroachment permit shall be required for all work activities or development within
the public right-of-way, any public easements, on City-owned utilities or City-owned
property.
26. All non-standard or private improvements within Via Lido, Central Avenue, and Via
Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the
Public Works Department and City Council. An updated encroachment agreement and
permit shall be completed for non-standard or private improvements prior to
installation.
Planning Commission Resolution No. 1966
Page 14
27. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto,
and Central Avenue, the applicant shall remove and replace any damaged concrete
curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction
shall be determined by the Public Works Department.
28. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking
spaces and parking aisle widths within the parking structure shall comply with City
Standard #805-L-A&B.
29. All improvements shall comply with the City's sight distance requirement, City
Standard #110-L.
30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit
continues to authorize the existence of a public parking garage that exceeds the basic
height limit up to 35 feet in height.
-- �Co
CH
CC
o �
LL n ."i o ry o o 6 o a o
0 0 0 0 o z I �
m �
.�. r000 �o Mm, 00m c C6
m
� L
Y_
O O O n O O d
00 00 00 C C L � ` O` —
d Y01 N VOi N
. . 0 0 0 1
ry o � m ry X
W
ry OI
3 b O O N M S O O O�
m N M O m P V
Z. N .y nt m r O P �+ O
b �
O d
O
L
E o E E
L o 0 0
9 'y O ti V O
6 L� r m O M fi O O O N f
m C
O
O
O
E
a
c
Eo
° - 3
a ° o 0 0 3 0 .. v o ,o z
� < a
o
J e♦ J ¢ F O ¢ O Z 2 m � J Z ♦ ♦ ♦ ♦ 6 6 ✓ 6
Planning Commission Resolution No. 1966
Page 16
EXHIBIT "C"
OCCUPANCY SCENARIO A c c
ro to
� � Ej
44
�p(pf w
n
G Q o y C y y
.y
10
Z F Q = 'y T E
VE
Ir 1 co m Z LL LL .C�y7. udi a Up y ^d
lel'^ \\ J m
= W Z� 1..1 4 w 0 '
r t a o LL J Y 9g y c� 5 E E ro
` t3 6 LL' O Z
i
o - �r � Wu P
I } R 21 1r
� Y
0 Vi iJ N
� g
O > Yi 7 RI N W
w f I N{ V • • N E
U U
cl
L
n
N t
(• `- N A Y
f V
Planning Commission Resolution No. 1966
Page 17
EXHIBIT "D" c c
OCCUPANCY SCENARIO B z en a
N p D 4
o �c Gi -gam 'M Vch
N p 'o
n o irS o �n d
co 00 N ..N. 4.
5 ayz O y tC y y
6 2 ¢ 93 O ri+ •y ,c
tnm 5� zo ELL y Y ._ov y ro
M o 'er
cn &
gym
$ N o 9S2 5 E E
_ x a: o x
^L
c
r ' E v� > >
cis
C c 2
co
Vi N
Ae 1 c.
nl cp '
JO
I
L�
N
ryo y _
�0
o IgD