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HomeMy WebLinkAboutZA2018-027 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING COMMERCIAL BUILDING AND ALLOW THE LOT TO BE SLURRY SEALED AND RESTRIPED FOR USE AS A PARKING LOT ON AN INTERIM BASIS - 2807 NEWPORT BOULEVARD02-22-2018 RESOLUTION NO. ZA2018-027 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-021 AND LIMITED TERM PERMIT NO. XP2018-001 TO DEMOLISH AN EXISTING COMMERCIAL BUILDING AND ALLOW THE LOT TO BE SLURRY SEALED AND RESTRIPED FOR USE AS A PARKING LOT ON AN INTERIM BASIS LOCATED AT 2807 NEWPORT BOULEVARD (PA2018-048) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the City of Newport Beach, with respect to property located at 2807 Newport Boulevard, requesting approval of a coastal development permit. 2. The lot at 2807 Newport Boulevard is legally described as Parcel 1 of Lot Line Adjustment N.B.L.L.A 94-12. 3. The applicant proposes to demolish an existing vacant McDonald’s building (and related appurtenances) and slurry seal and restripe the parking lot in its current configuration with 26 spaces. The Limited Term Permit is proposed to allow for use of the existing property as a parking lot on a temporary basis for up to one year. 4. The subject property is designated CV (Visitor Serving Commercial) by the General Plan Land Use Element and is located within the CV (Commercial Visitor-Serving) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CV-A (Visitor Serving Commercial) – (0.0 - 0.75 FAR) and it is located within the CV (Commercial Visitor Serving) Coastal Zone District. 6. A public hearing was held on March 15, 2018, 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 hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303 and 15304, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 and Class 4 respectively, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2018-027 Page 2 of 8 12-21-2017 2. Class 3 exempts the demolition and removal of individual small structures including offices and restaurants. Class 4 exempts public or private alterations in the condition of land, which do not result in the removal of healthy, mature scenic trees. The proposed slurry sealing and restriping of the parking lot constitutes as a minor alteration to the land. Class 4 also exempts minor temporary use of land, including the use of the site for a temporary parking lot. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project includes demolition of an existing commercial building (containing approximately 1,757 square feet) and minor improvements to an existing parking lot (e.g. resurfacing, restriping, signage). The project is located approximately 350 feet away from the sea or shoreline, and is not located within the Coastal Commission Appeal Area. 2. The proposed demolition of the existing commercial building complies with the applicable sections of the Local Coastal Program because (a) it does not create any new impediments to coastal access or views (as discussed in in Finding B), (b) a coastal development permit has been requested prior to the work being conducted (Section 21.16.020 General Requirements), (c) there are no environmentally sensitive areas onsite or in the project vicinity because the site is completely developed with a commercial building and surface lot with ornamental landscaping, (d) all work is contained to the project site, and (e) conditions of approval have been included to ensure compliance with the applicable requirements. 3. A demolition and erosion control plan have been provided to ensure water quality concerns are adequately addressed during demolition. A drainage plan has been provided to allow for adequate site drainage after demolition. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Fact in Support of Finding: Zoning Administrator Resolution No. ZA2018-027 Page 3 of 8 12-21-2017 1. The project site is not located between the nearest public road and the sea or shoreline. The proposed demolition does not include the construction of new buildings or structures other than minor accessory features typical of parking lots. Onsite landscaping will be maintained. The existing commercial site is currently enclosed with a fence and chain to restrict access to the property while the site is vacant. The commercial site does not currently provide any public access or views. Demolition of the existing vacant structure could result in the elimination of potential blight. Therefore, demolishing the existing commercial structure, and resurfacing and restriping the existing parking lot will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the shoreline is available west of the subject property along 28th Street, where there is a street end leading to the beach. There are no improvements proposed off the property site and no demolition materials would be stored offsite that could impede access. 3. The public beach is also the start of an existing boardwalk that provides lateral access and views of the ocean along the beach. Based on the location of the proposed demolition and limited scope of work, no impacts to public access would occur. Limited Term Permit (Over 90 Days) In accordance with NBMC Section 20.52.040(G) (Limited Term Permits), the following findings and facts in support of findings are set forth: Finding: A. 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 use would be authorized for one year. 2. The proposed parking lot is a passive use, and no new buildings are currently proposed onsite. The subject property is occupied by a vacant McDonald’s drive- thru building and is currently fenced to prevent people from trespassing on a vacant site that may not be suitable for occupancy. The proposed project would allow the vacant site to be utilized as a functional use and provide additional parking (26 spaces) to the area on an interim basis. Zoning Administrator Resolution No. ZA2018-027 Page 4 of 8 12-21-2017 4. Continued underutilization of the site as a vacant property could be detrimental to the harmonious and orderly growth of the City and could potentially constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the neighborhood because it would maintain an underutilized, possibly blighted, site. The proposed parking lot would increase activity at the vacant property; however, the activity is not expected to be as intense as the previous fast food drive-thru use. . 5. Historically, the existing parking lot was used for commercial parking to support the McDonald’s restaurant. The existing lot would be improved to provide an adequate parking surface with the same number of spaces. Existing landscaped areas would remain. Utilization of the parking lot for parking purposes would not change under the proposed limited term conditions. 6. There are no improvements proposed that could impede Fire Department access in the event of an emergency (e.g. walls, gates, new structures). 7. The directly adjacent uses are nonresidential in nature and include parking lots, commercial buildings, and restaurants. The nearest residential area is located across Newport Boulevard to the west, separated from the site by Newport Boulevard and public parking lots. A mixed-use building that includes residential units is also located on the bay to the east of the subject property across the intersection of 28th Street and Newport Boulevard. Other mixed-use buildings are located along the northeast side of Newport Boulevard. Use of the subject site for parking purposes in an existing parking lot would not negatively impact residential uses in the vicinity. Finding: B. 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 subject lot currently contains a parking lot and would be utilized as a parking lot under proposed conditions. Vehicular access and circulation offsite will not be affected. 2. Proposed parking lot circulation and access has been reviewed and approved by the Public Works Department. 3. Other than the repair and maintenance of the existing lot (resurfac ing and restriping the lot), no permanent construction is proposed at the site. Finding: Zoning Administrator Resolution No. ZA2018-027 Page 5 of 8 12-21-2017 C. 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 would maintain adequate access from the segment of Newport Boulevard bordering the site to the east and the segment of Newport Boulevard bordering the site to the west. Vehicular access to the site will remain the same, and onsite parking lot circulation will not change. 2. Traffic related to the proposed use would be negligible, only consisting of individuals parking at the site. The temporary parking lot is not supporting a specific use that would generate traffic. Finding: D. 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. Fact in Support of Finding: The project is a proposal to use an existing surface parking lot for parking purposes. The use of a temporary parking lot on a site that previously was used for commercial parking would not generate additional vehicular traffic. Finding: E. 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 General Plan and Zoning Code establish the policies and implementing regulations to promote public health, safety, general welfare, economic vitality of neighborhoods, as well as the orderly development of the City, and to ensure the beneficial development of the City. The site is designated for Visitor Serving Commercial, and although the use is not commercial, it is temporary and does not preclude future use of the site. 2. The use will not be detrimental to surrounding uses, and allow an inactive site to be actively utilized for parking on a temporary basis, thereby furthering the intent of the General Plan and Zoning Code. Zoning Administrator Resolution No. ZA2018-027 Page 6 of 8 12-21-2017 3. Pursuant to Table 21.20-1 Allowed Uses of the Local Coastal Program Implementation Plan, temporary use of the site for parking is allowed in the CV (Commercial Visitor-Serving) Coastal Zoning District. 4. The temporary parking lot is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 5. The subject lot is not located within a specific plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-021 and Limited Term Permit No. XP2018-001, 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 was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compli ance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF MARCH, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-027 Page 7 of 8 12-21-2017 EXHIBIT “A” CONDITIONS OF APPROVAL 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. The final design and layout of the temporary parking lot including any parking control structures, shall be reviewed and approved by the Community Development Director. 3. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 4. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 5. This Coastal Development Permit does not authorize any developm ent seaward of the private property. 6. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Demolition and Erosion Control Plan. 7. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 8. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 9. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. Zoning Administrator Resolution No. ZA2018-027 Page 8 of 8 12-21-2017 12. 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 Coastal Development Permit. 13. This Coastal Development Permit and/or Limited Term Permit may be modified or revoked by the Zoning Administrator if determined 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. 14. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 15. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 16. 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 the current property owner or agent. 17. This Coastal Development Permit No. CD2018-021 and Limited Term Permit No. XP2018- 001 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 18. 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 McDonald’s Demolition and Temporary Parking Lot including, but not limited to, Coastal Development Permit No. CD2018-021 and Limited Term Permit No. XP2018- 001. 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.