HomeMy WebLinkAboutZA2015-044 - THE TEMPORARY STORAGE OF VEHICLES UNTIL DEC. 30, 2015. - 1131 Back Bay Dr RESOLUTION NO. ZA2015-044
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING LIMITED TERM
PERMIT NO. XP2015-006 FOR TEMPORARY VEHICLE
STORAGE AT 1131 BACK BAY DRIVE (PA2015-134)
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 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. On May 14, 2015, the Zoning Administrator approved Limited Term Permit No.
XP2015-003 to allow the storage of vehicles to continue to June 30, 2015.
3. 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 of
vehicles to continue at a different location on the project site to December 30, 2015.
4. 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).
5. The subject property is located within the coastal zone.
6. A public hearing was held on August 13, 2015, in the Corona del Mar Conference Room
(Bay E-1st 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.
Zoning Administrator Resolution No. ZA2015-044
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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:
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
marina/overflow parking area, which contains 654 parking spaces.
2. The temporary storage of vehicles in the marina/overflow parking area will not impact the
800-space beach day use parking area, which is required to provide a minimum 645
parking spaces for day use beach area users by the Settlement Agreement.
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Zoning Administrator Resolution No. ZA2015-044
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3. The temporary storage of vehicles using a small portion of a parking area that is used for
the marina and overflow for events will not impact the public access and recreation
components of the Newport Dunes Resort.
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 Findinq:
1. The subject lot maintains adequate access from Bayside Drive via a two (2) 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 December 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.
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Zoning Administrator Resolution No. ZA2015-044
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2015-006, 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 13TH DAY OF AUGUST, 2015.
By:
#redisneski, AI P, Zoning Administrator
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Zoning Administrator Resolution No. ZA2015-044
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The temporary vehicle storage use shall conclude by December 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/Maserati Temporary Vehicle Storage including, but not limited to, XP2015-006
(PA2015-134). 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.
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