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Home My WebLink AboutZA2015-022 - LIMITED TERM PERMIT - 1131 Back Bay Dr RESOLUTION NO. ZA2015-022 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2015-003 FOR TEMPORARY VEHICLE STORAGE AT 1131 BACK BAY DRIVE (PA2015-074) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 19, 2015, the Zoning Administrator approved Limited Term Permit No. XP2015-002 for the temporary storage of a maximum of forty (40) vehicles in the Newport Dunes Resort and Marina for a period less than ninety (90) days. 2. An application was filed by Newport Dunes Resort and Marina, with respect to property located at 1131 Back Bay Drive, and legally described as Record of Survey RS_095_39- 43, requesting approval of a limited term permit to allow the temporary storage for vehicles to continue beyond ninety (90) days, to June 30, 2015. 3. The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Park and Recreation (PR). 4. The subject property is located within the coastal zone. 5. A public hearing was held on May 14, 2015, in the Corona del Mar Conference Room (Bay E-1 st Floor) 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15304, of the State CEQA (California Environmental Quality Act) Guidelines — Class 4 (Minor Alterations to Land). 2. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary vehicle storage. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2015-022 Page 2 of 5 Finding: A. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act Guidelines under Class 4 (Minor Alterations to Land). Facts in Support of Finding: 1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary vehicle storage. Finding: B. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor 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 requested limited duration use. Facts in Support of Finding: 1. The temporary storage of vehicles has been reviewed and conditioned to preclude any detriment to the general welfare of the area. 2. The subject property has been used for temporary vehicle storage since late-December 2014, and there is no evidence that this use has been detrimental or hazardous to public convenience, health, or safety of persons residing or working in the neighborhood. Finding: C. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot. Facts in Support of Finding: 1. The temporary storage of vehicles uses a maximum of forty (40) parking spaces in the day use parking area, which contains over 800 parking spaces. 2. The minimum 645 parking spaces for day use beach area users required by the Settlement Agreement will continue to be provided. 3. The temporary storage of vehicles using a small portion of the day use parking area for a short period early in the peak summer period will not have a significant impact to the public access and recreation components of the Newport Dunes Resort. 03-03-2015 Zoning Administrator Resolution No. ZA2015-022 Page 3 of 5 4. As conditioned, the applicant is required to maintain public access and parking in accordance with the Newport Dunes Settlement Agreement, including, but not limited to boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human-powered launch, and camping. Finding: D. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate. Facts in Support of Finding: 1. The subject lot maintains adequate access from Back Bay Drive via a four (4) lane access drive. Finding: E. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator. Facts in Support of Finding: 1. The temporary storage of vehicles does not generate an excess of vehicular traffic or significantly impact the parking for patrons and guests of the Newport Dunes Resort and Marina. Finding: F. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The stored vehicles will be removed no later than June 30, 2015. 2. The temporary vehicle storage is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 3. The subject lot is not located within a specific plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 03-03-2015 Zoning Administrator Resolution No. ZA2015-022 Page 4of5 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2015-003, 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 fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF MAY, 2015. By: *aWisnesl(l,r ICP, Deputy Director 03-03-2015 Zoning Administrator Resolution No. ZA2015-022 Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The temporary vehicle storage use shall conclude by June 30, 2015. 2. Vehicle storage shall be limited to the general area depicted on the site plan and house a maximum of forty(40) vehicles at any one time. 3. During the duration of this permit, the applicant shall maintain public access and parking in accordance with the terms of the Newport Dunes Settlement Agreement, including but not limited to, boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human-powered launch, and camping. 4. Approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits from any other department or governing agency. 5. 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 Newport Dunes temporary vehicle storage including, but not limited to, XP2015-002 (PA2015- 022). 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. 03-03-2015