HomeMy WebLinkAbout1997 - CONDITIONAL USE PERMIT FOR PARKING WAIVER FOR NAIL SALON - 3404 Via Lido RESOLUTION NO. 1997
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-044 TO MODIFY THE PARKING
REQUIREMENTS ASSOCIATE WITH A NAIL SALON LOCATED
AT 3404 VIA LIDO (PA2015-194)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by J. Scott Souders on behalf of Magic Nails, with respect to
property located at 3404 Via Lido, and legally described as N-Tract: 1235 Block: Lot 3,
and Assessor Parcel Number 423-122-09 requesting approval of a Conditional Use
Permit,
2. The applicant proposes to operate a nail salon within a portion of a tenant suite.
Conditional use permit approval is necessary to reduce the required parking spaces
through the approval of a parking management plan because the subject property
does not provide on-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 MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on November 5, 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). 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.
2. The proposed project involves a reduction of the parking requirement associated with
a permitted use within an existing structure. Therefore, the project qualifies for a
categorical exemption under Class 1.
Planning Commission Resolution No.
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SECTION 3. REQUIRED FINDINGS.
The proposed use, a nail salon is a permitted use within the Mixed use Water Related zoning
district. The requested reduction in the parking requirement is required approval of a conditional
use permit per Section 20.40.110.13 (Reduction of Required Off-Street 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:
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 personal service
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.
2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. The proposed use would include
six chairs for providing nail service. Therefore the number of patrons would be limited.
Analysis provided by the Lido Marina Village Parking Demand Analysis demonstrates
that an adequate supply of parking is provided based upon the shared use of parking
within Lido Marina Village.
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 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. Nail salons are
classified as permitted uses within the MU-W2 (Mixed-Use Water Related) Zoning
District.
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2. A total of five (5) parking spaces to accommodate the nail salon are waived with this
approval. No on-site parking is required to accommodate the establishment. The
reduction in the parking requirement is consistent with Section 20.40.110 (Adjustments
to Off-Street Parking Requirements) of the Zoning Code based upon the captive
market conditions in Lido Marina Village that result in shared trips and the high level of
pedestrian and bicycle activity from nearby patrons.
3. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The
proposed interior renovation of the existing structure will not result in an increase to
the existing gross floor area and resulting FAR.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The commercial building was previously occupied by a retail use. The front portion of
the suite, to be accessed from Via Lido, will be occupied by a jeweler. The Nail Salon
will be accessed from the rear alley. The location is compatible with other nail salon
may also be an important visitor-serving use that benefits the area, which is in
furtherance of the City's Coastal Land Use Plan and the Coastal Act.
2. The subject property is located in a relatively dense village area with multiple uses
within a short distance of each other. Lido Marina Village is conducive to a significant
amount of walk-in patrons. No on-site parking is available for the subject property but
adequate parking is provided in the area. Public parking exists in the vicinity along Via
Lido and Via Oporto.
3. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
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 project site is located within an existing commercial building and the tenant space
is appropriate for a nail salon. The design, size, location, and operating characteristics of
the use are compatible with the surrounding neighborhood. The remaining portion of the
ground level tenant space will be utilized for retail purposes.
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Planning Commission Resolution No.
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2. Although the site does not provide on-site parking, the proposed use is located in a
district which is subject to a captive market that results in shared trips, different peak
periods for a variety of land uses, and a high level of pedestrian and bicycle activity.
These characteristics reduce the demand for parking to serve the proposed use.
Adequate parking is provided nearby along Via Lido and Via Oporto to accommodate
the proposed use.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
4. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and will be approved by the Orange County Health Department.
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 project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The limited number
of patrons to the facility would reduce potential impacts to surrounding land uses and
sufficient parking is available in the area to.accommodate the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-044 (PA2015-194), 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 fourteen (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 5T" DAY OF NOVEMBER, 2015.
AYES: Brown, Hillgren, Lawler, Weigand, and Zak
NOES: None
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ABSTAIN: None
ABSENT: Koetting and Kramer
BY: �. / 1 j J T1Ga� I�V G�`aej
Kory Kramer, Chai
Pet K„ ei , ec ry l .0
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Planning Commission Resolution No.
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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.)
1. Use Permit No. UP2015-044 shall expire unless exercised within twenty-four(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. 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 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 is 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 in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
6. 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.
7. The hours of operation shall be limited between 9:00 a.m. and 7:00 p.m., Monday
through Saturday. No more than six nail stations shall be established.
8. 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 of the restaurant, during business
hours, if directly related to the patrons of the establishment surrounding residents.
9. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. Prior to issuance of building permits, 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 plans shall be identical to those approved by all City departments
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for building permit issuance. 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.
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 Magic Nails Conditional Use Permit including, but
not limited to, Conditional Use Permit No. UP2015-044 (PA2015-194). 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.
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