Loading...
HomeMy WebLinkAboutZA2017-016 - LIMITED TERM PERMIT - MORE THAN 90 DAYS - 801 Marguerite Ave RESOLUTION NO. ZA2017-016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT XP2016-008 FOR A TEMPORARY FIRE STATION LOCATED AT 801 MARGUERITE AVENUE (PA2016-172) 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 801 Marguerite Avenue, and legally described as Parcel 2 of Parcel Map No. 2008-161, requesting approval of a limited term permit with a duration of greater than 90 days. 2. The applicant proposes the installation of a 36-foot by 60-foot modular building to be used as a temporary fire station during the replacement construction of Fire Station No. 5. Also included is the installation of canopy structures to house two fire trucks. The proposed location is within the Grant Howald Park parking area at the corner of Marguerite Avenue and Fifth Avenue. 3. The subject property is located within the Public Facilities (PF) Zoning District and the General Plan Land Use Element category is Public Facilities (PF). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 30, 2017, 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 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Smaller Structures) and Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption includes the construction and location of a commercial structure not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. In this case, the proposed project includes the location of a 36-foot by 60-foot modular building (2,160 square feet) to be used as a temporary fire station. Zoning Administrator Resolution No. ZA2017-016 Page 2 of 6 3. The Class 4 exemption consists of minor public alterations in the condition of land, which do not involve removal of healthy, mature, scenic trees. The proposed project may include minor changes to the parking area to accommodate the temporary use (i.e., barriers and signage). No trees will be removed as part of this project. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040(G) (Limited Term 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 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 property is currently developed with a 74-space parking area adjacent to a public park. The proposed project will occupy 28 of the parking spaces with a modular building and two canopies for fire trucks. A barrier will be placed to cordon off the area to be used for the temporary fire station. 2. Forty-six parking spaces will remain available to the public for use of the park. The City's Recreation and Senior Services Department has reviewed the project and believes the remaining spaces will sufficiently accommodate park users. 3. The existing driveway onto Fifth Avenue will facilitate appropriate access for all Fire Department vehicles. 4. All improvements associated with the Limited Term Permit will be removed once the permanent fire station has been constructed. 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 parcel is 2.181 acres in size with approximately 0.60 acre developed as parking area and the remainder being public park. The parking area is rectangular in shape and has a single driveway access from Fifth Avenue. The proposed project 01-03-17 Zoning Administrator Resolution No. ZA2017-016 Page 3 of 6 will be confined to the western portion of the parking area, which is aligned with the driveway such that turning movements for fire trucks will be limited. 2. Given the size of the parking area and proposed siting of the temporary structures, the temporary use can be accommodated on-site with little disruption to surrounding residential uses, the use of the public park, and the remaining public parking lot area. 3. As conditioned, temporary signs will be appropriately located to help ensure ease of on-site wayfinding for park users. Finding: 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 proposed temporary fire station will be located approximately one-third mile northwest of the permanent fire station site at 410 Marigold Avenue. During operation of the temporary fire station, the permanent facility would be under construction; therefore, increased traffic is not anticipated. 2. The driveway access to the Grant Howald Park parking area is approximately 30 feet in width, which will provide adequate maneuverability for fire trucks accessing the site. 3. The existing permanent fire station uses Marguerite Avenue to access East Coast Highway. The temporary fire station will also use Marguerite Avenue as a main access point as its 40-foot width and striped lane in each direction will adequately accommodate fire trucks traveling in either direction. 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. Facts in Support of Finding: 1. Five parking spaces will be maintained on-site in conjunction with the operation of the temporary fire station. Additionally, two parking areas will be covered with canopies to accommodate the two fire trucks associated with the temporary use. 2. Improvements in the parking area will not impede use of the parking reserved for disabled persons and accessible path of travel. 01-03-17 Zoning Administrator Resolution No. ZA2017-016 Page 4 of 6 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 PF designation of the Land Use Element of the General Plan is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The proposed temporary fire station is consistent with this designation. 2. Section 20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements) of the Municipal Code allows temporary uses within the PF District subject to the approval of a Limited Term Permit. Limited Term Permits may authorize uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature. In this case, the proposed fire station is a limited duration use that would cease operating at completion of the new permanent development. 3. The proposed use is conditioned such that it will comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. Applicable ministerial permits must be obtained prior to construction. 4. The site is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2016-008, 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 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MARCH, 2017. --A Patrick J. Alford, Zoning Administrator 01-03-17 Zoning Administrator Resolution No. ZA2017-016 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Anything not specifically approved by this limited term permit is prohibited and shall be addressed by a separate and subsequent review. 3. The Limited Term Permit shall expire twelve (12) months from the date the building permit to install the temporary facility is considered final, unless an extension of up to one (1) additional permit of twelve (12) months is granted by the Zoning Administrator. 4. Temporary barriers shall be placed to appropriately cordon off the temporary fire station area from the public. 5. Temporary signage shall be placed on-site to help direct the public to the eastern portion of the parking area. 6. All temporary signage shall be located outside the traffic safety visibility area, subject to the review and approval of the City's Traffic Engineer. 7. All temporary improvements shall be removed after the permanent fire station has received its certificate of occupancy. 8. 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. 9. A copy of the Resolution, including conditions of approval, Exhibit "A," shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless the 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 the City's approval of Temporary Fire Station No. 5 including, but not limited to, Limited Term Permit No. XP2016-008 (PA2016-172). 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 01-03-17 Zoning Administrator Resolution No. ZA2017-016 Page 6 of 6 proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages which the 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. 01-03-17