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HomeMy WebLinkAbout2002 - CONDITIONAL USE PERMIT - AMENDMENT TO UP2001-010 (PA2008-089) - 1302 Bison Ave RESOLUTION NO. 2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-034 TO REDUCE REQUIRED PARKING AT THE BLUFFS SHOPPING CENTER (PA2015-140) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Irvine Company with respect to property located at 1302- 1380 Bison Avenue, and legally described as Parcel 1 of Parcel Map No. 2001-040. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to approve an off-street parking modification to reduce the required number of parking spaces by 1 (one) space resulting in a 477 space parking requirement where 478 are required. 3. The Bluffs Shopping Center (Site Plan Review No. 2001-001) was originally approved by the Planning Commission on July 19, 2001 and included 467 parking spaces. Various parking lot modifications and re-striping have resulted in a current design that includes 477 parking spaces. 4. The subject property is located within the Bonita Canyon Planned Community Zoning District and the General Plan Land Use Element category is CG (General Commercial). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on December 3, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 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 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) 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 does not involve any alterations or construction. Therefore, the project qualifies for a categorical exemption under Class 1 . Planning Commission Resolution No. 2002 Page 2 of 7 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the Planning Commission must approve a conditional use permit to reduce the number of required parking spaces. 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: 1. The Bluffs shopping center and parking lot are located within the General Commercial (CG) land use designation. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The shopping center is developed with a variety of retail, service and restaurant uses that are consistent with the CG designation. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the applicant demonstrates that an adequate supply of parking is provided based upon the shared use of parking within the Bluffs Shopping Center. 3. The project site is not located within 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 parking lot was designed and developed in accordance with City requirements. 2. Based on existing parking counts which reflect actual operations of the on-site uses and earlier closing hours of some tenants, on-site parking is adequate to meet the needs of the shopping center at full occupancy. 3. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 10-02-2015 Planning Commission Resolution No. 2002 Page 3 of 7 Facts in Support of Finding: 1. The shopping center and parking have been design and developed in accordance with all applicable standards and regulations. 2. The shopping center and parking lot were designed and developed to accommodate a variety of retail, restaurant and service uses. No residential or other sensitive land uses are located directly adjacent to the shopping center therefore, impacts on other uses is not anticipated. 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: 1. The parking lot is located within an existing multi-tenant retail and service commercial development and provides off-street parking for a variety of commercial uses. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 3. The shopping center is developed with 477 parking spaces. The parking analysis conducted for this project found that the peak demand occurred on a Thursday at 7:00 p.m. when 396 spaces were occupied leaving 81 spaces available, which is greater than the 1 (one) parking space waiver. 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: 1. The reduction of the parking requirement by I(one) space will not effectively change the use or design of the parking lot. The shopping center and parking lot will continue to serve the surrounding community and is not detrimental to the harmonious and orderly growth of the City. Nor would approval of the project 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. 10-02-2015 _ . Planning Commission Resolution No. 2002 Page 4 of 7 2. The owner is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the parking lot, adjacent properties, or surrounding public areas and sidewalks during business hours. In accordance with NBMC Section 20.40.11 0(6) (Reduction of Off-Street Parking), off-street parking requirements may be reduced with approval of a conditional use permit in compliance with the following conditions: Condition: 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); Facts in Support of Meeting Condition: 1. The applicant provided a parking analysis that counted available parking spaces on Thursday, Friday and Saturday afternoons and evenings when parking demand for the shopping center is highest. At full occupancy of the shopping center, 478 spaces are required, causing a deficiency of 1 (one) space. Existing parking counts reflect that at the evening peak (Thursday between 7:00 p.m. and 8:00 p.m.) 81 parking spaces are vacant. More spaces are available during the afternoons and Friday and Saturday evening. Therefore, actual parking demand for entire shopping center is less than parking requirement. Condition B. A Parking Management Plan shall be prepared (in compliance with subsection C.) Facts in Support of Meeting Condition: 1. The ongoing use of valet parking for Wildfish and making the valet available to customers of other tenants when spaces are available will help ensure maximum efficiency of parking lot use during the evening hours. 2. The valet plan and staggered business hours of the shopping center tenants effectively create a parking management plan that will ensure adequate parking is available. 10-02-2015 Planning Commission Resolution No. 2002 Page 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-034 (PA2015-140), 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 following the date this Resolution is 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 3rd DAY OF DECEMBER, 2015. AYES: Brown, Hillgren, Koetting, Lawler, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer BY: Kory Chair an BY: Pe r Koettirlb, Secrett-.) 10-02-2015 Planning Commission Resolution No. 2002 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 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. UP2015-034 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) 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 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, shall 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. 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 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. 9. Valet parking shall be made available to patrons of all of shopping center businesses. Signage shall be provided clearly indicating availability to all shopping center patrons. 10. This CUP shall be reviewed by the Planning Commission one year from the approval date. 10-02-2015 Planning Commission Resolution No. 2002 Page 7 of 7 11. 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 Bluffs Shopping Center Parking Waiver including, but not limited to, Conditional Use Permit No. UP2015-034. 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. 10-02-2015