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HomeMy WebLinkAbout1966 - APPROVING USE PERMIT- NO. UP2014-014 AUTHORIZING A PARKING MANAGEMENT PLAN, PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE RESOLUTION NO. 1966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014- 014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE (PA2014-002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto requesting approval of a conditional use permit for a parking reduction, parking management plan, and off-site parking. The properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907. 2. The applicant requests a conditional use permit for a reduction in on-site parking requirements in conjunction with the renovation of uses within a shopping area known as Lido Marina Village. The requested reduction in on-site parking requirements is based upon anticipated parking demand over time taking into account the various uses at the site. The proposal also includes a parking management plan (PMP) pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site parking pursuant to Section 20.40.100 (Off-Site Parking). 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone and the Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a public parking garage that exceeds the basic height limit within the 26/35 foot height limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020). 6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law, & Greenspan, on behalf of the applicant, to determine the specific parking needs of the center. 7. A public hearing was held on December 4, 2014, in the Council Chambers 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 Planning Commission at this meeting. The Planning Commission voted to continue the item to the December 18, 2014, meeting. Planning Commission Resolution No. 1966 Page 2 8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. The meeting was continued to a date certain from the December 4, 2014, Planning Commission meeting. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The proposed project is a parking reduction and PMP associated with the renovation and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina Village). Interior and exterior changes to the existing commercial buildings are largely cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor area will not be increased and a maximum of 430 square feet of existing commercial floor area will be converted from retail uses to restaurant uses and approximately 3,127 square feet of additional outdoor dining areas will be located adjacent to existing commercial buildings. With the implementation of the proposed PMP, parking necessary to meet actual parking demand will be provided by a combination of on-site parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking). 2. The project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. Additionally, the proposed project is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts interior and exterior alterations and small additions to existing structures when the changes involve a negligible or no expansion of existing uses. SECTION 3. FINDINGS. The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as approved on December 14, 1972). The parking structure is in substantial conformance with UP1636 and requires no amendment. The request to modify parking is considered a substantial change where this Conditional Use Permit shall supersede UP1636. In accordance with Section 20.40.110.B.1 (Reduction in Off-Street Parking) of the Newport Beach Municipal Code), the following conditions are set forth for the parking reduction and PMP: Finding: 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). Planning Commission Resolution No. 1966 Page 3 Facts in Support of Finding: 1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, & Greenspan, concluded that parking demand for the renovated Lido Marina Village can be accommodated within a combination of private and public spaces in the immediate area for most of the planned uses. The Parking Demand Analysis includes two partial occupancy scenarios referred to therein as Scenario A and Scenario B (attached as Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido Marina Village could be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code in order to be allowed to occupy further building area. 2. Parking within Lido Marina Village includes a multi-level parking structure, parking within Central Avenue, Via Oporto (planned), and along the north side of Via Lido. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within 650 feet of the most remote uses; however the majority of the spaces are located within the parking structure and are located within 300 feet of uses. 3. The parking demand analysis is reliant upon modifications to the pedestrian and parking areas within the Central Avenue and Via Oporto rights-of-way. The parking demand analysis, proposed right-of way improvements, modifications to the Lido Marina Village parking structure, and proposed valet operations plan have been reviewed and found convenient, safe and effective by the City Traffic Engineer. Finding: B. A parking management plan (PMP) shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: 1. The applicant has provided a PMP dated November 13, 2014, and prepared by LAZ Parking. The PMP provides a comprehensive strategy to manage the existing parking structure in Lido Marina Village including: valet operations, improvements to facilitate increased mobility for bicycles, pedestrians, & boats, the provision for future off-site parking when parking demand exceeds on-site supply, and limits on uses which generate higher parking demand. The Parking Demand Analysis includes two partial occupancy scenarios where only portions of the vacant spaces in Lido Marina Village would be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given the limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off- site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Planning Commission Resolution No. 1966 Page 4 In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. The parking facility is located within a convenient distance to the use it is intended to serve. On-street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. The Planning Commission shall review any proposed off-site parking locations to ensure that they are located a convenient distance from Lido Marina Village. If the distance necessitates it, a shuttle service will be provided for employees or patrons. 2. Fifty four (54) public and municipal metered spaces are available within Lido Marina Village with the planned improvements within the Central Avenue and Via Oporto public rights-of-way. These spaces do not contribute to satisfying the off-street parking requirement for Lido Marina Village; however, these public spaces will likely be utilized by visitors to Lido Marina Village due to proximity. The public spaces will remain available to the public and will not be controlled by the applicant. Findinq: D. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The Planning Commission and City Traffic Engineer shall review any proposed off-site parking locations to ensure that they are located and operated to avoid undue traffic hazards or impacts to surrounding uses prior to implementation. Prior to the approval of any off-site parking lot, notice shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. Finding: E. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. Recorded or other binding agreements shall be provided to demonstrate that parking will be available to serve the uses within Lido Marina Village when the project demand requires. Planning Commission Resolution No. 1966 Page 5 2. Off-site parking for marine entertainment and excursion services may be provided at an off-site parking consistent with this Conditional Use Permit and Section 20.40.100 (Off-Site Parking) of the Zoning Code. 3. Appropriate signage shall be provided, indicating the availability of any off-site parking provided, subject to the review of the Community Development Director. 4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site Parking). In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) land use designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Although Lido Marina Village does not include residential uses, the proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are consistent with the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the proposed Parking Demand Analysis and Implementation of the proposed PMP will ensure that an adequate supply of parking is provided for Lido Marina Village based upon the shared use of parking within Lido Marina Village and future off-site parking for patrons or employees when parking demand warrants it. Any future off-site parking must meet the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code to ensure the parking is convenient and available when it is necessary while minimizing other conflicts or nuisance to surrounding properties. 3. The project site is not located within a Specific Plan area, Finding: G. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Planning Commission Resolution No. 1966 Page 6 Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are permitted or conditionally permitted in the MU-W2 (Mixed-Use Water Related) Zoning District. 2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures will not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Off-site parking may be required and must be found consistent with Section 20.40.100 (Off-Site Parking) if it is required by the parking demand study for the implementation of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution). Finding: H. The proposed project is consistent with applicable policies of the Coastal Land Use Plan that require public access to and along the waterfront. Facts in Support of Finding: 1 . The project will include an improved public waterfront walkway no less than 6-feet wide, but preferably 10-feet wide across the entire project site 3400-3450 Via Lido. Public access between Via Oporto and the waterfront walkway will be provided by a minimum of three separate public walkways that will also be 6 feet in width. 2. The walkways will be improved and provided prior to issuance permits for outdoor patios in the existing public easement as identified in the approved PMP. 3. All public walkways will be open to the public at all times and appropriate coastal access signage will be provided. Finding: I. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Planning Commission Resolution No. 1966 Page 7 Facts in Support of Finding: 1. The Lido Marina Village commercial area has been operating from its current location in Lido Village since the early 1970's and has been compatible with the commercial, institutional, and residential uses in the Lido Village area. The site has been operating with a significant number of vacancies for quite some time and revitalization of the area has been a priority of the City for a number of years. As a result, the City adopted the Lido Village Design Guidelines in 2012, to guide property owners toward making improvements to promote revitalization and compatibility. The proposed parking reduction and PMP will allow for the re-occupancy of Lido Marina Village with uses consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand over time. 2. Lido Marina Village is a developed site. The applicant is not seeking any additional building area; however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code. Lido Marina Village will provide 368 private parking spaces and 54 public parking spaces for visitors to the area with the implementation of the proposed PMP. The PMP is a comprehensive parking management solution that includes additional off-site parking consistent with the requirements of the Zoning Code, should it prove necessary in the future as Lido Marina Village is re-occupied. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. 3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant uses included within Lido Marina Village will serve visitors, area businesses, and residents in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan policies, will be provided to Newport Bay as required by the conditions of approval. Finding: J. 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 facts in support of Finding F support this finding and are incorporated by reference. 2. Emergency access to and through Lido Marina Village is currently provided from Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are currently provided and proposed changes to the rights-of-way have been reviewed and Planning Commission Resolution No. 1966 Page 8 approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 3. Lido Marina Village is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health Department. Finding: K. 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 facts in support of findings A through G support this finding and are incorporated by reference. 2. The renovations to Lido Marina Village should have a positive impact on the area and may promote further revitalization of commercial properties in the Lido Village area. Potential restaurants within Lido Marina Village will require either a subsequent Minor Use Permit or Conditional Use Permit or an amendment to existing permits that will provide a public review process to ensure that the parking for said uses are consistent with the PMP and parking demand analysis. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference, to replace and supersede Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void. Planning Commission Resolution No. 1966 Page 9 2. This action shall become final and effective 14 days following the date this Resolution was 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 18TH DAY OF DECEMBER, 2014. AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER NOES: ABSTAIN: ABSENT: KRAMERR BY: = J Larry Tucker, Chaiirrm'a BY: (� v ?a0yer , Se retary Planning Commission Resolution No. 1966 Page 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. UP2014-014 1. Parking at Lido Marina Village is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking Management Plan (PMP) dated November 13, 2014, prepared by LAZ Parking, and any amendments to the PMP shall be reviewed and be approved by the Community Development Director with notice on the Planning Commission agenda prior to expiration of the appeal period for decisions of the Community Development Director. 2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a higher parking requirement than the base retail rate) exceed the maximum gross floor area of uses identified the Land Use Summary dated November 3, 2014, attached as Exhibit "B" to this resolution. 3. Conditional Use Permit No. UP2014-014 (PA2014-002) authorizes a parking reduction from what would otherwise be required by the Zoning Code and establishes the maximum intensity of uses within Lido Marina Village that may be allowed. This Use Permit does not authorize further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits. 4. Prior to the approval of permits for uses in excess of Occupancy Scenario A or Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall submit a new Parking Demand Analysis prepared by a qualified traffic consultant or traffic engineer that identifies expected parking demands for the remainder of unoccupied spaces within Lido Marina Village for review and approval by the City Traffic Engineer and Planning Commission. If the approved study does not show that sufficient parking is available within Lido Marina Village to serve said uses, the applicant may secure off-site parking to meet anticipated parking demands. Off-site parking shall be reviewed and approved by the City Traffic Engineer and Planning Commission prior to the implementation of Occupancy Scenario A or B and shall be consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the approval of any off-site parking lot, notice and an opportunity to comment shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. In the event that the right to use any off-street automobile parking spaces provided for in an offsite parking agreement ceases for any reason, the applicant shall immediately notify the Community Development Director of the loss of such offsite parking spaces. Upon notification that the agreement for any of the required off-site parking has terminated, one of the following shall occur within 60 days of the date applicant was obligated to so notify the Community Development Director: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the off-site parking spaces no longer available; (c) The applicant submits to the Director a new or amended Off-Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces as were originally covered by the off-site parking agreement. Planning Commission Resolution No. 1966 Page 11 5. If off-site parking is secured and made available for patron use, the applicant shall provide appropriate signage indicating the availability and location of the off-site parking to the satisfaction of the Community Development Director. 6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing triple tandem parking spaces on fifth level of the parking structure shall be shall be removed. The parking structure shall provide a minimum of three hundred forty five (345) parking spaces and 13 tandem parking spaces. 7. Valet parking operations may be provided and shall be conducted consistent with the PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking service shall be provided when parking demand is expected to exceed 85 percent utilization of the parking structure. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the Newport Beach Municipal Code. The applicant shall install and maintain appropriate public access signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Director of Community Development. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and additional use intensity within Lido Marina Village. The applicant will be credited for existing uses and the loss of any gross floor area. Fair share fees shall be applied in accordance with the current fee schedule that is effective at the time each building permit is issued. 11. Should the property be sold or otherwise come under different ownership or control, 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. 12. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. Conditional Use Permit No. UP2014-014 (PA2014-002) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Planning Commission Resolution No. 1966 Page 12 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The project 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. 15. This Conditional Use Permit may be modified or revoked by the 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. 16. To the fullest extent permitted by law, the 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 Conditional Use Permit No. UP2014-014 (PA2014- 002), the including, but not limited to the Lido Marina Village PMP, valet parking, any future off-site parking agreements, all non-standard or private improvements within the public right-of-way, and encroachments within any easements or access walkways. 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. 17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with Coastal Land Use Plan policies. The walkway shall be a minimum of 6 feet in width but preferably 10 feet wide or more. Minor encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be maintained. The final location, width, design of the walkway shall be reviewed and approved by the Harbor Resources Division and Community Development Director. Public access to the waterfront walkway shall be maintained at all times. 18. A minimum of three vertical public walkways shall be maintained between Via Oporto and the lateral public access walkway along the waterfront, consistent with Coastal Land Use Plan policies. The walkways shall be a minimum of 6 feet in width but preferably wider. Minor encroachments may be permitted by the Community Development Director provided adequate access will be maintained. The three public walkways shall not be gated or otherwise blocked and shall be open for public access at all times. Planning Commission Resolution No. 1966 Page 13 a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123- 04). b. The second walkway shall be provided and maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located. c. The third walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07) with the final location to be reviewed and approved by the Community Development Director. 19. Off-site parking for marine entertainment and excursion services may be provided at off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off- Site Parking) of the Zoning Code. 20. For existing fire access roadways, the minimum street width shall be 20 feet, with no parking on either side. The width shall be increased to 26 feet within 30 feet of a fire hydrant, with no vehicle parking allowed on either side of the street. Existing nonconforming conditions may remain until such time when the project site is redeveloped and all nonconformities shall be removed. No new structures will be allowed within fire access roadways without the prior review and approval of the Fire Department. 21. Where areas of no parking are required due to access and roadway widths, "No Parking" signs and/or red curbing will be required and must comply with Newport Beach Fire Department Guideline C.02. 22. Valet drop-off and pick-up may be conducted in designated parking spaces along the Via Oporto curb and shall not be conducted in fire access roadways. 23. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 24. All improvements subject to an encroachment agreement or encroachment permit shall be constructed as required by Ordinance and the Public Works Department. 25. An encroachment permit shall be required for all work activities or development within the public right-of-way, any public easements, on City-owned utilities or City-owned property. 26. All non-standard or private improvements within Via Lido, Central Avenue, and Via Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the Public Works Department and City Council. An updated encroachment agreement and permit shall be completed for non-standard or private improvements prior to installation. Planning Commission Resolution No. 1966 Page 14 27. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto, and Central Avenue, the applicant shall remove and replace any damaged concrete curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction shall be determined by the Public Works Department. 28. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking spaces and parking aisle widths within the parking structure shall comply with City Standard #805-L-A&B. 29. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. 30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit continues to authorize the existence of a public parking garage that exceeds the basic height limit up to 35 feet in height. -- �Co CH CC o � LL n ."i o ry o o 6 o a o 0 0 0 0 o z I � m � .�. r000 �o Mm, 00m c C6 m � L Y_ O O O n O O d 00 00 00 C C L � ` O` — d Y01 N VOi N . . 0 0 0 1 ry o � m ry X W ry OI 3 b O O N M S O O O� m N M O m P V Z. N .y nt m r O P �+ O b � O d O L E o E E L o 0 0 9 'y O ti V O 6 L� r m O M fi O O O N f m C O O O E a c Eo ° - 3 a ° o 0 0 3 0 .. v o ,o z � < a o J e♦ J ¢ F O ¢ O Z 2 m � J Z ♦ ♦ ♦ ♦ 6 6 ✓ 6 Planning Commission Resolution No. 1966 Page 16 EXHIBIT "C" OCCUPANCY SCENARIO A c c ro to � � Ej 44 �p(pf w n G Q o y C y y .y 10 Z F Q = 'y T E VE Ir 1 co m Z LL LL .C�y7. udi a Up y ^d lel'^ \\ J m = W Z� 1..1 4 w 0 ' r t a o LL J Y 9g y c� 5 E E ro ` t3 6 LL' O Z i o - �r � Wu P I } R 21 1r � Y 0 Vi iJ N � g O > Yi 7 RI N W w f I N{ V • • N E U U cl L n N t (• `- N A Y f V Planning Commission Resolution No. 1966 Page 17 EXHIBIT "D" c c OCCUPANCY SCENARIO B z en a N p D 4 o �c Gi -gam 'M Vch N p 'o n o irS o �n d co 00 N ..N. 4. 5 ayz O y tC y y 6 2 ¢ 93 O ri+ •y ,c tnm 5� zo ELL y Y ._ov y ro M o 'er cn & gym $ N o 9S2 5 E E _ x a: o x ^L c r ' E v� > > cis C c 2 co Vi N Ae 1 c. nl cp ' JO I L� N ryo y _ �0 o IgD