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HomeMy WebLinkAboutZA2014-003 - Approving XP2013-005 for a temporary Field Office 3300 Newport BoulevardRESOLUTION NO. ZA2014 -003 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2013 -005 FOR A TEMPORARY FIELD OFFICE AND CONTRACTOR YARD LOCATED AT 3300 NEWPORT BOULEVARD (PA2013 -200) 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 Charles King Company, with respect to the former City Hall property located at 3300 Newport Boulevard requesting approval of a Limited Term Permit for a temporary field office and contractor yard. 2. The subject property is located within the PF (Public Facilities) Zoning District and the General Plan Land Use Element category is Public Facilities (PF). The subject property is located within the coastal zone. The Coastal Land Use Plan category is Public Facilities (PF). 3. The applicant operates a temporary field office and contractor yard pursuant to a Limited Term Permit approved by the Community Development Director expiring on January 19, 2014. The applicant requests an extension to operate the facility for up to 1 year. The temporary facility is in support of the Orange County Sanitation District Balboa Trunk Sewer rehabilitation project. 4. The existing field office and contractor yard was installed in early November and has been operating in full compliance with conditions. No detrimental effects or complaints have been received. 5. A public hearing was held on January 16, 2014, in the Corona del Mar Conference Room (Bay E -1 st Floor) 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. The facility has a limited duration and all improvements are non - permanent. At the conclusion of the project, the site will be returned to its pre - project condition. Zoning Administrator Resolution No. ZA2014 -003 Paae 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 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 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: A -1. The proposed field office and contractor storage yard is for a limited duration of no longer than 90 days. A -2. The location of the yard is shielded from Newport Boulevard and partially shielded from 32nd Street by buildings. The yard is setback 65 feet from 32nd Street and approximately 120 feet from commercial uses to the south. The nearest property with residential use is approximately 175 feet to the southwest across 32nd Street. A -3. The contractor yard will be enclosed by a 6- foot -high chain link fence with gates installed with screening materials. All activities will occur within the proposed yard. Gates will open inward and not block the abutting driveway. The applicant will install "No Parking or Stopping" signs along the public driveway and maintain open access. A -4. The applicant will be responsible for dust control, noise control, and night lighting control. A -5. Necessary night activities to avoid daytime traffic disruptions will be intermittent and limited to 2 to 3 weeks in total duration. 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: B -1. The subject site is a fully - developed 4.25 acre property, of which only 10,000 square feet (approximate) will be utilized for the proposed temporary use. The use is paved, and proposed fencing is designed and located to ensure that open public and emergency access is maintained at all times. Zoning Administrator Resolution No. ZA2014 -003 Paae 3 of 6 B -2. Existing buildings, setbacks and the 32nd Street right -of -way will provide an adequate buffer to the proposed temporary use. 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: C -1. The site will house 6 -8 employees and serve as a storage area for equipment and materials. Access for equipment and materials will be intermittent. Access to the yard will be provided by an existing public driveway from Newport Boulevard at Finley Avenue and from 32nd Street. These access points adequately serve the former city hall site and traffic from the proposed temporary use and is expected to be far less than the former city hall. 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; and Facts in Support of Finding_ D -1. Approximately 25 parking spaces will exist within the proposed fenced yard and should provide adequate parking for the 6 -8 employees that will be stationed at the site. It will be the responsibility of the applicant to ensure that adequate space exists for employee parking within the fenced yard as parking outside the yard will be prohibited. 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_ E -1. The General Plan Land Use Element category for the site is PF (Public Facilities) and is zoned PF (Public Facilities). These designations are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. The proposed use is temporary and will support a necessary project to rehabilitate an existing trunk sewer line. E -2. The site is not located within a specific plan area and due to the temporary nature of the use, it will not impede with planning for the future reuse of the site consistent with City Council direction. Zoning Administrator Resolution No. ZA2014 -003 Paae 4 of 6 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2013 -005, 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 after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Br n a Wisnes i, ICP, Deputy Director EXHIBIT "A" Zoning Administrator Resolution No. ZA2014 -003 Paae 5 of 6 CONDITIONS OF APPROVAL Limited Term Permit No. XP2013 -005 shall expire on October 21, 2014. The site shall be returned to its existing condition on or before this date. 2. The activity shall be in substantial conformance with the approved site plan except as noted in the following conditions. Anything not specifically approved by this limited term permit is prohibited and must be addressed by a separate and subsequent review. 3. The activity shall be limited to a field office and contractor yard for the Orange County Sanitation District Balboa Trunk Sewer project only and does not permit any other use. 4. The yard shall be enclosed with a 6- foot -high chain link and security fence installed with a green screening fabric that provides screening of the activities within the fenced area to the satisfaction of the Community Development Director or to the Director's designee. 5. Gates shall not swing out across the abutting public driveway. 6. The applicant shall not allow the abutting driveway to the east to be blocked for any reason at any time. The driveway shall remain unobstructed at all times for public and emergency access. The applicant shall post two or more conspicuous signs indicating "No Stopping or Parking" on the outside of the fence along the abutting driveway to the east. 7. The applicant shall post a conspicuous sign on the outside of the fenced area indicating the following; "For information regarding this temporary facility, contact (insert name of project manager and phone number of project manager), Contractor for OCSD Balboa Trunk Sewer Rehabilitation Project, Charles King Company." 8. All activities, with the exception of ingress and egress of vehicles and pedestrians, shall be confined within the approved fenced area. Parking of vehicles or the storage of equipment or materials shall be confined to the approved fenced area. 9. Hours of operation shall be 7 a.m. to 6 p.m. Monday through Saturday. Operations between 6 p.m. and 7 a.m. or on Sundays may be conducted on a limited basis with 7 days of advance warning to the City and Fire Station No. 2. 10. The applicant shall control dust and dirt in and around the yard, and on all streets and driveways to and from the yard by any means necessary including watering active construction areas or materials and the use of street sweepers. 11. The use of portable generators is prohibited. 12. Night lighting shall be limited to the minimum necessary for security except when night construction is required and scheduled in accordance with Condition No. 9. Night lighting Zoning Administrator Resolution No. ZA2014 -003 Paae 6 of 6 during night construction periods shall be confined to the fenced yard area. Lights shall not exceed 20 feet in height and lighting elements shall be shielded such that they are not visible from the public right -of -way and property to the east. 13. The applicant shall allow access to the yard to the City and authorized agents for the purpose of inspection, testing, or other investigatory work associated with redevelopment of the site. 14. 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 Charles King Company Contractor Yard including, but not limited to, the XP2013 -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, 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.