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HomeMy WebLinkAbout1651 - APPROVE OP AND ND_2527 W. COAST HWYRESOLUTION NO. 1651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING OFF -SITE PARKING AGREEMENT NO. 2004 -002 AND MODIFICATION PERMIT NO. 2004 -067 FOR PROPERTY LOCATED AT 2527 W. COAST HIGHWAY (PA2004 -216) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Norm Goodin, with respect to property located at 2527 W. Coast Highway and described as the northwesterly 50 feet of the southerly 1150 of Lot H of Tract No. 919 and the northwesterly 50 feet of the southeasterly 1200 feet of Lot H of Tract No. 919, as per map recorded in book 29, pages 31 to 34 inclusive of Miscellaneous Maps, records of Orange County, California, requesting approval of an Off -site Parking Agreement to satisfy the off - street parking requirements for charter boat service utilizing two off -site properties located at 2530 and 2436 W. Coast Highway. The applicant also requests an approval of a Modification Permit to allow tandem parking at the subject property. WHEREAS, a public hearing was held on December 9, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the property is designated Recreational & Marine Commercial by the General Plan Land Use Element and zoned SP -5 - Mariner's Mile - RMC (Recreational and Marine Commercial). The property is presently improved with three freestanding buildings, totaling approximately 7,440 square feet in size. The two existing buildings fronting on Coast Highway are presently occupied by retail commercial and office businesses. The remaining two -story building, located to the rear of the property, has been vacant since May 2004. Retail commercial uses, charter service, and private yacht club are permitted within the General Plan and Zoning designation. WHEREAS, the Planning Commission finds as follows: 1. The two off -site lots are located on the north side of Coast Highway and in close proximity to the subject property and will be useful to the proposed boat charter business and the yacht club operation. 2. The use of off -site parking lots will not create undue traffic hazards in the surrounding area. Charter patrons will be given maps showing the location of these parking lots and yacht club members will be instructed to park at the proper location. Patrons will be instructed to cross Coast Highway at the pedestrian crossing at Tustin Avenue to and from the off -site parking lots. To avoid traffic Planning Commission Resolution No. Page 2 of 5 congestion on Coast Highway, all vehicles including limousines will be instructed to enter and exit the parking lots by the extension of Avon Street. A 5 -year term parking lease agreement has been secured with the property owners of the off -site parking spaces. The applicant has submitted documentation from the property owners that these off -site parking spaces have not been leased to any other business than the applicant. 4. A condition of approval is included, requiring the minimum provision of 80 off -site parking spaces and the recordation of the agreement with the County Recorder's office ensuring the availability of the spaces for the uses. 5. The modification to the Zoning Code as proposed will not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City for the following reason: The modification permit to allow tandem parking in a commercial district is a reasonable solution to maximize available on -site parking given the configuration of the subject property and the area available for vehicle parking. The Traffic Engineer has reviewed the plan and with the provision of a parking attendant, the tandem spaces will function adequately, especially since the employees will utilize the interior spaces and there is only one charter boat with predictable operational hours. These factors reduce conflict with the tandem spaces. 6. The proposed project has been determined to be Categorically Exempt under Class 1 (Existing Facilities) as there is no new construction proposed with this application. NOW, THEREFORE, BE IT RESOLVED: Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Off-site Parking Agreement No. 2004 -002 and Modification Permit No. 2004 -067, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. Page 3 of 5 PASSED, APPROVED AND ADOPTED THIS 9t" DAY OF DECEMBER, 2004. AYES: Eaton, Cole, Toerge, Tucker Selich McDaniel and Hawkins ABSENT: None NOS: None BY: -1�.. Larry Tucker, Chairman e _.,iii•- - -. Planning Commission Resolution No. Page 4 of 5 CONDITIONS OF APPROVAL Off -Site Parking Agreement No. 2004 -002 & Modification Permit No. 2004 -067 1. The development shall be in substantial conformance with the approved plot plan and floor plans dated August 26, 2004, with the exception of any revisions required by the following conditions. 2. The approval of Off -Site Parking Agreement No. 2004 -002 and Modification Permit No. 2004 -067 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Off -Site Parking Agreement and Modification 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 injurious to property or improvements in the vicinity if the property is operated or maintained so as to constitute a public nuisance. 4. The yacht club and charter boat business shall operate in accordance with the Business Operations Plan. Any change in the operational characteristics, hours of operation, expansion in area, or other modification to the floor area of the yacht club and /or charter boat service business, shall require amendment or the processing of a new Off -Site Parking Agreement and /or Modification Permit. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments for improvements to be done in the two -story building located at the rear of the subject property. Any construction plans must comply with the most recent City- adopted version of the Uniform Building Code. 6. Prior to operation of the charter boat service, the applicant shall obtain all required permits for the charter boat business as required by the City Municipal Code at all time. 7. The off -site parking lots shall have parking attendants. The charter service patrons and yacht club members shall be directed to use the off -site parking lots located at 2436 and 2530 W. Coast Highway. 8. The on -site parking lot (2527 W. Coast Highway) may be parked in a normal parking configuration of 25 parking spaces for the retail commercial tenants on Monday through Friday, from 8:00 a.m. to 5:00 p.m. 9. After 5:00 p.m. on weekdays and all day on Saturdays and Sundays, the on -site parking lot shall have parking in a tandem configuration of 43 spaces. These Planning Commission Resolution No. Page 5 of 5 parking spaces shall be used for employee parking and overflow parking for the charter service. Parking attendants shall be provided during this period of time to ensure that the retail business vehicles would not be blocked. 10. Two parking spaces shall be reserved for the two boat slips at the on -site parking lot at all times. 11. A minimum of 123 spaces shall be provided for the subject property, of which 43 spaces shall be provided onsite. 12. An off -site parking agreement, subject to the review and approval by the City Attorney's office, shall be recorded. The agreement shall guarantee a minimum of 80 off - street parking spaces located at 2436 & 2530 W. Coast Highway for the uses authorized on the subject properly. 13. No less than 60 days prior to the cancellation or expiration of any off -site parking lease, the applicant or future operator of the charter boat service shall submit lease extensions or new leases in accordance with this approval. Should parking be proposed at a location other than the lots originally approved for the use, the new lots /spaces shall be reviewed by the Planning and Public Works Departments to ensure that the spaces are located as to be useful to the project site and that the spaces are adequately secured for exclusive use when needed by private leases. 14. In the event that off -site parking is no longer available, the charter boat service shall immediately be discontinued until adequate off -site parking has been provided. 15. All parking in conjunction with the subject properly shall be confined to the parking lots over which the applicant, owner or operator has written rights to park. If, in the opinion of the Planning Director or City Traffic Engineer, the charter service and /or yacht club create parking congestion at the site, the applicant shall immediately resolve the congestion problem by reducing attendance or increasing parking attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised parking management plan. 16. The on -site parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 17. Should valet operation be desired, a valet operations plan describing the operational characteristics shall be reviewed and approved by the City Traffic Engineer.