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HomeMy WebLinkAbout1979 - A conditional use permit to establish a transportation service as an accessory use to the Elks Lodge located at 3456 Via Oporto and allow for the joint use of on-site parking facilities. The applicant - 3456 Via Oporto RESOLUTION NO, 1979 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-003 FOR AN ACCESSORY USE AND JOINT USE OF PARKING FACILITIES LOCATED AT 3456 VIA OPORTO (PA2015-005) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sam Knapp and Jake Allsop, with respect to property located at 3456 Via Oporto, and legally described as Lot 1126 of Tract No. 907, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 28, Pages 25 to 36, inclusive of Miscellaneous Maps, Records of Orange County, requesting approval of a conditional use permit. 2. The applicant proposes to establish a transportation service as an accessory use to the Elks Lodge located at 3456 Via Oporto and allow for the joint use of on-site parking facilities. The applicant proposes to use three of the eight designated employee parking spaces. The proposed hours of operation are between 11:00 a.m. and 11:00 p.m., daily. 3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). 5. A public hearing was held on April 23, 2015, 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. 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 15301, 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 transportation service use will occupy three existing parking Planning Commission Resolution No. 1979 Page 2 of 9 spaces on a fully developed nonresidential site and will constitute a negligible expansion of use beyond the existing use of those parking spaces. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050(F) (Conditional Use Permits and Minor Use 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. 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 the subject property does not include residential uses, the proposed accessory use is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan as it will provide a service for visitors to the area as well as residents of the Balboa Peninsula. 2. The proposed use will be accessory to the existing principal use of the site as the Elks Lodge and will provide a service that is encouraged by several General Plan policies. a. General Plan Land Use Policy LU 6.8.4 (Shared Parking Facilities) is to encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. The proposed use will harmoniously use a portion of the employee parking spaces for the Elks Lodge during offsetting hours for vehicle storage and charging. b. General Plan Circulation Element Policy CE 1.1.2 (Integrated System of Multiple Modes) is to provide an integrated transportation system that supports the land use plan set forth in the Land Use Element. The proposed use will provide an additional transportation service option in furtherance of multi-modal transportation goals and will help to better heavily impacted parking areas throughout the Balboa Peninsula. c. General Plan Circulation Element Policy CE 6.2.1 (Alternative Transportation Modes) is to promote and encourage the use of alternative transportation modes, such as ridesharing, carpools, vanpools, public transit, bicycles, and walking; and provide facilities that support such alternate modes. The proposed 03-03-2015 Planning Commission Resolution No. 1979 Page 3 of 9 use will provide an alternative transportation service for visitors and residents alike. 3. The subject property 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 subject property is located within the Mixed-Use Water Related (MU-W2) Zoning District. The MU-W2 District contains 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 use is considered an "accessory use" to the existing Elks Lodge facility and is allowed subject to the approval of a minor use permit. 2. Section 20.40.110 (Adjustments to Off-Street Parking Requirements) allows the joint use of parking spaces when two or more residential uses on the same site have distinct and differing peak parking demands. The proposed use will operate between the hours of 11:00 a.m. and 11:00 p.m. wherein the electric vehicles providing transportation services should be away from the three parking spaces leased in the Elks Lodge employee parking area. The regular events occurring at the Elks Lodge typically take place between the hours of noon and 11:00 p.m. Furthermore, the applicant and the Elks Lodge leadership board indicate the employee parking area (eight parking spaces) is rarely fully utilized thereby minimizing potential conflicts between the uses. 3. The proposed use will complement the Elks Lodge inasmuch as members are anticipated to utilize the transportation service to attend meetings and events. 4. Employees of the proposed use are anticipated to be residents of the Balboa Peninsula and will be strongly encouraged to bicycle, walk, or utilize the service to arrive at the subject site. 5. As conditioned, the applicant will submit a parking management plan to help ensure any potential conflicts of use are minimized and mitigated as necessary. 6. As conditioned, the proposed use will comply with Municipal Code Chapter 5.12 (Vehicles for Hire). Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 03-03-2015 Planning Commission Resolution No. 1979 Page 4 of 9 Facts in Support of Finding: 1. The proposed project does not include any improvements beyond installing a private electric vehicle charger behind the existing Elks Lodge building. Parking and storage of the electric vehicles utilized in the transportation service will be similar to the current use of the area as employee parking. 2. The proposed hours of operation are between 11:00 a.m. and 11:00 p.m., daily, during which time the transportation service vehicles should be off-site and in operation. Member-sponsored events at the Elks Lodge generally occur within this timeframe; therefore, the parking should be available for employees of the Elks Lodge. 3. The operational conditions of approval will help promote compatibility with the Elks Lodge as well as surrounding uses in the Lido Marina Village area. 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. There will be no physical changes to the site. The proposed use will be located within three parking spaces of the existing employee parking area behind the Elks Lodge building. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 3. The installation of the electric vehicle charger will comply with all Building, Public Works, and Fire Codes as applicable. Finding: E. Operation of the use at the location proposed 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 proposed use. Facts in Support of Finding: 1. The proposed use will provide a service to visitors and residents of the Balboa Peninsula by way of alternative transportation. 03-03-2015 Planning Commission Resolution No. 1979 Page 5 of 9 2. The proposed use will not be permitted to operate as a taxi service and is prohibited from loading and unloading in the public right-of-way. 3. Operational conditions of approval have been included to help ensure any potential detriment is minimized to the fullest extent possible. In accordance with Section 20.40.110(B)(2) (Adjustments to Off-Street Parking Requirements — Joint Use of Parking Facilities) of the Newport Beach Municipal Code, the following conditions are set forth: Condition: a. The most remote space is located within a convenient distance to the use it is intended to serve. Facts in Support of Condition: 1. The proposed use will utilize three employee parking spaces behind the Elks Lodge and is primarily taking place within the employee parking area. Condition: b. The amount of reduction is no greater than the number of spaces required for the least intensive of the uses sharing the parking. Facts in Support of Condition: 1. There is no reduction of required parking proposed, rather the hours of operation of the proposed use are intended to coincide with those of the Elks Lodge; therefore, the transportation vehicles will be in service and not utilizing the employee parking during meetings and events. Condition: c. The probable long-term occupancy of the structures, based on their design, will not generate additional parking demand. Facts in Support of Condition: 1. The Elks Lodge building has been in operation since the early 1950s with the existing parking on-site and in the adjoining municipal parking lot to serve its members. 2. Approval of the accessory use is confined to the three employee parking spaces designated on the site plan attached to the staff report dated April 23, 2015. 03-03-2015 Planning Commission Resolution No. 1979 Page 6 of 9 3. The proposed use will not impinge upon the existing parking and all future increases in parking demand will be subject to subsequent review and approval. Condition: d. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that there is no conflict in the peak parking demand for the uses proposing to make joint use of the parking facilities. Facts in Support of Condition: 1 . In this case, the hours of the proposed use coincide with the typical hours of operation for the Elks Lodge inasmuch as transportation vehicles should be in service and away from the site during meetings and events. Condition: e. The property owners involved in the joint use of parking facilities shall record a parking agreement approved by the Director and City Attorney. The agreement shall be recorded with the County Recorder, and a copy shall be filed with the Department. Facts in Support of Condition: 1. In this case, there is a single property owner and a lease agreement will be maintained between the property owner and the applicant. Condition: f. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Condition: 1. As conditioned, the applicant will prepare a parking management plan to indicate how the transportation vehicles will operate should there be a conflict of use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-003, 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 is filed with the City Clerk in 03-03-2015 Planning Commission Resolution No. 1979 Page 7 of 9 accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF APRIL, 2015. AYES: BROWN, HILLGREN, KRAMER, LAWLER AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: KOETTING AND MYERS � ,�-- BY: ) Larry Tucker, Chairman / ,ay,lA ers S creta y 03-03-2015 Planning Commission Resolution No. 1979 Page 8 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 1. Use Permit No. UP2015-003 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. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. 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. 5. Any change in operational characteristics, expansion, or other modification to the approved operation plan, shall require subsequent review and approval and may necessitate an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 6. The maximum number of vehicles participating in the transportation service at any one time shall be three (3). Those vehicles shall only park within the area designated on the site plan included in the staff report dated April 23, 2015. 7. Prior to beginning the operation, the applicant shall provide a parking management plan to the Planning Division for review and approval by the Director. 8. No outside paging system shall be utilized in conjunction with this establishment. 9. 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 Downtowner Use Permit including, but not limited to, Conditional Use Permit No. UP2015-003 (PA2015-005). 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, 03-03-2015 Planning Commission Resolution No. 1979 Page 9 of 9 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. BUILDING DIVISION 10. 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. 11. Use of the electric vehicle charger by the public is strictly prohibited unless an Americans with Disability Act (ADA) accessible charging station is provided. PUBLIC WORKS DEPARTMENT 12. All passenger pick up and drop off shall occur in legal parking areas or outside the public right-of-way. Said passenger pick up and drop off shall not impact the adjacent streets or public right-of-way. 13. Vehicles participating in the transportation service authorized under this Conditional Use Permit shall be low speed vehicles as defined by California Vehicle Code Section 385.5 or any successor statute. The operator of the low speed vehicle shall comply with all applicable sections of the California Vehicle Code and rules of the road. REVENUE DIVISION 14. The applicant shall comply with Newport Beach Municipal Code Chapter 5.12 (Vehicles for Hire). 03-03-2015