Loading...
HomeMy WebLinkAbout01_RD Olsen Construction Employee Parking Lot Limited Term Permit_PA2017-009 COMMUNITY DEVELOPMENT DEPARTMENT U N6PLANNING DIVISION e� 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 cq<<FOR�vP 949-644-3200 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT February 16, 2017 Agenda Item No. 1 SUBJECT: RD Olson Construction Worker Parking Lot (PA2017-009) SITE LOCATION: 3303 & 3355 Via Lido • Limited Term Permit No. XP2017-001 APPLICANT: RD Olson Construction OWNER: NPBay Investors, LLC PLANNER: James Campbell, Principal Planner (949) 644-3210, Jcampbell@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC (Planned Community) — Lido Villas • General Plan: RM (Multiple-unit Residential, 20 DU/AC) • Local Coastal Program: RM-D (Multiple Unit Residential - 20.0 - 29.9 DUWC) and PC-59 Lido Villas PROJECT SUMMARY A Limited Term Permit for temporary employee parking for up to one year for contractor and subcontractors who are building the Lido House Hotel. No storage of construction equipment or materials is proposed. The fenced, secured and screened lot would be open for employee vehicle parking from 6:30 a.m. to 6:00 p.m. daily. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), 15303 (New Construction) and Section 15304 of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 1 3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit No. XP2017-001 (Attachment No. ZA 1). DISCUSSION RD Olson Construction is currently building a 130-room hotel at the northeast corner of the intersection of Newport Boulevard and 32nd Street. They are required to provide off- street parking for construction workers. The number of workers will vary from day-to-day and is not expected to exceed 100 workers each day. As noted, no storage of construction materials or equipment will occur at the site. The subject lot is vacant and 1.2 acres in area. A portion of the lot is paved with asphalt and was the parking lot for the prior land use. The balance of the site is covered with gravel where the previous buildings were demolished. The lot is located across Via Oporto from Fire Station 2 and is within approximately 100 feet of the hotel construction site. The lot is located in predominately a commercial area with residential uses located east of Via Lido. The nearby church (St. James) is not in operation presently; however, the proposed use is a parking lot and should not present any detriment to the church if it initiates activities. The lot will have two vehicle gates at existing driveway approaches, one on Via Oporto and the second on Via Malaga. No access to Via Lido is planned or allowed. The existing public sidewalks that border the site will remain available for public use. The lot is currently fenced and planned for development of 23 townhouses. The Lido Villas townhouse project is on hold at this time. The applicant is seeking authorization for use of the lot for construction worker parking for up to one year, which should be a sufficient duration for completion of the hotel construction. The applicant has a month-to-month lease from the property owner and could lose the privilege to use the lot for parking should the townhouse project initiate construction. The approved construction management plan for the hotel requires off- street parking for workers and should the applicant lose the privilege of parking at the site due to construction of the townhouses, the applicant would be required to replace the off- street parking at a suitable and yet to be determined site in accordance with the approved Lido House Hotel construction management plan. The parking lot will be open from 6:30 a.m. to 6:00 p.m. daily when construction at the hotel site is occurring. The gates will be open during use of the lot and secured after hours. No improvements to the lot are proposed given its temporary nature and planned future development. The site will not be open to general public use, and therefore, does not need to comply with development standards for parking lots. Fencing, gate positions and access have been reviewed and approved by both the Public Works Department and Life Safety Service Divisions. Staff has included conditions of approval to ensure efficient and appropriate operations at the site to ensure the site is not detrimental to the area. For these reasons, staff believes each of the required findings for a Limited Term Permit can be made. The findings are provided in the attached resolution. Tmplt 01/17/17 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilties), 15303 (New Construction) and Section 15304 (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. The existing vacant and fenced lot will be used for the temporary parking of construction worker automobiles for up to one year. No construction or other improvements will occur and no permanent use of the property is authorized. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: W C k efo J es Campbell, Principal Plariner Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Site Plan TmpIL 01/12/17 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2017-001 A TEMPORARY EMPLOYEE PARKING LOT LOCATED AT 3303 AND 3355 VIA LIDO (PA2017-009) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RD Olson Construction, Inc., with respect to property located at 3303 and 3355 Via Lido, and legally described as Lots 1201, 1202, 1203, 1204 of Tract 907 with an abandoned alley and portions of Lots 4 and 5 of Tract 1107, requesting approval of a Limited Term Permit to utilize the property for one year as a temporary employee parking lot for construction workers of the Lido House Hotel project located at 3300 Newport Boulevard. 2. The subject property is designated Multiple-Unit Residential (RM) by the Land Use Element of the General Plan. Zoning of the property is PC-59 (Planned Community - Lido Villas) and is subject to the Lido Villas Planned Community Development Plan. 3. The project site is designated Multiple-Unit Residential (RM) by the Coastal Land Use Plan. The Coastal Zoning of the property is PC-59 (Planned Community). 4. Newport Beach Municipal Code (NBMC) Section 20.52.040, Limited Term Permits, allows consideration of limited duration uses (e.g., interim, nonpermanent, and/or seasonal in nature) 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 and are found to be compatible with adjacent and surrounding uses. 5. A public hearing was held on February 16, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach, California, 96220. 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 pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land), of the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Section 15301 (Class 1) consists of 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 5 Zoning Administrator Resolution No. ZA2017-### Page 2 of 8 vacant lot would be used for employee vehicle parking on an interim, temporary basis and no permanent structures would be authorized. 3. Section 15303 (Class 4) Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The temporary parking lot requires security fences and gates to be installed. A temporary security fence with gates will be the only improvement to the site. 4. Section 15304 (Class 4) consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees. The site is devoid of vegetation and improvements/alterations to the site are limited to fences with gates that will be installed on a temporary basis during the interim use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040.G (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Limited Term Permit are set forth: Findinq: 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, 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 requested limited duration use. Facts in Support of Finding: 1. The site is located in predominately a commercial area and is subject to the conditions of approval in Exhibit A. 2. Residential uses are located east of Via Oporto and access to the site is from Via Oporto and Via Malaga. 3. A church is located south of Via Malaga; however, it is not in operation at this time. The church could begin operations at any time; however, the proposed use is a parking lot generally used during the day and not on weekends when services would not generally be held. 4. A perimeter security and screening fence will be provided. The site is paved with asphalt and gravel. 5. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 01-03-17 Zoning Administrator Resolution No. ZA2017-### Page 3 of 8 6. The operation of the interim use would eliminate employee parking in public spaces within the public right-of-way or in public parking lots near the proposed construction site, which could be detrimental to uses currently operating in the area and public parking in the neighborhood. 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 site is 1.2 acres and is located in a predominately commercial area. 2. The site is large enough to provide setbacks to vehicular gates to facilitate efficient vehicle access to the site without creating significant vehicle conflicts within the abutting right of way. 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 site is bounded by three public streets, Via Oporto, Via Malaga and Via Lido. One driveway is located along the Via Oporto frontage and a second is located on Via Malaga. No access is provided or proposed from Via Lido. The number of employees parking at the site will vary per day and is not expected to exceed 100 vehicles. 2. Via Oporto is a 40-foot-wide right-of-way and provides one-way traffic and parking along both sides of the street. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Oporto. 3. Via Malaga is a 35-foot-wide right-of-way and provides two-way traffic and parking only on one side of the street. Entering and exiting the site at the existing driveway with typical passenger vehicles associated with the previous commercial and institutional development was accommodated. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Malaga. 4. The Public Works Department and Life Safety Services Division have reviewed the proposed temporary use and find the site, proposed access points from the abutting streets, and the location of fences and gates appropriate for the proposed use. 01-03-17 Zoning Administrator Resolution No. ZA2017-### Page 4 of 8 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. The limited term use is a parking lot and does not generate its own parking demand, therefore this finding does not apply. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, Municipal Code, and other City regulations. Facts in Support of Finding: 1. The Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build-out. The General Plan designates the site for residential use and the proposed interim use for parking does not preclude residential development consistent with the General Plan at build-out. 2. The Circulation Element includes Goal 7.1 to ensure an adequate supply of convenient parking be provided throughout the City. The proposed temporary off-street parking lot avoids construction employees from potentially occupying public parking spaces in the area during the construction of the Lido House Hotel consistent with Circulation Element Goal 7.1. 3. The site is not subject to a specific plan. 4. The temporary parking lot is an interim use of a vacant property and would not be open to the general public for parking. As a result, the minimum development standards of the Zoning Code for the development of a parking lot do not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2017-001 subject to the findings provided in this resolution and 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. 01-03-17 g Zoning Administrator Resolution No. ZA2017-### Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 01-03-17 9 Zoning Administrator Resolution No. ZA2017-### Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The site is limited to the daily and non-overnight parking of construction worker personal vehicles for RD Olson Construction and their subcontractors related to their work on the Lido House Hotel project and directly related construction only. 2. The site shall not be used for the storage of any construction material or debris of any kind or origin. No construction equipment or deliveries of any material is permitted at the site or within any abutting public right-of-way. 3. Anything not specifically approved by this limited term permit is prohibited and shall be addressed by a separate and subsequent review. 4. Limited Term Permit No. XP2017-001 shall expire tw. (12) months from the effective date unless an extension is granted by the Zoni dministrator. Extensions may be granted up to a total of twelve (12) months. 5. The hours of allowed operation shall be between 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 6. The general public shall not be permitted to use and/or drive through the temporary parking lot. Signs shall be posted at both entries indicating the site is used for RD Olson and subcontractor construction worker parking only and that the site is not for general public parking. The sign shall include the mobile phone number for the Lido House Hotel job superintendent for any inquiries related to the operation of the temporary parking lot. 7. No queuing of vehicles to gain entry to the site within the public right-of-way is allowed. Gates shall remain open during the hours of operation and shall be secured at the end of each working day. 8. A six-foot-high perimeter fence and gates with screening shall be maintained at all times. The location of the fencing shall be in accordance with the approved diagram. Minor adjustments may be made subject to the approval of the Public Works Department. The fencing shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. The abutting public sidewalk shall be maintained free of obstruction at all times. 9. Emergency vehicle access shall be maintained on-site at all times. An emergency drive aisle loop with a minimum 20-foot width shall be maintained that continues throughout the temporary parking lot to both vehicular access points. 10. All gates shall swing into the project site and gate providing vehicle access shall provide a minimum 26 feet of clearance. All vehicle access points/gates shall have Knox padlocks for fire access. 11. The lot must be kept free of trash, debris and weeds at all times. 01-03-17 10 Zoning Administrator Resolution No. ZA2017-### Page 7 of 8 12. In compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. All active portions of the parking lot shall be watered as necessary to prevent excessive amounts of dust. 13. The applicant shall install and maintain a perimeter erosion control barrier to the satisfaction of the City to ensure that soil is not transported off-site during rain events. 14. The applicant shall sweep adjacent streets and sidewalks daily if visible soil material is carried from the site onto adjacent public streets or sidewalks. 15. All vehicles parked at the site shall be operable at all times. No wrecked or inoperable vehicles shall be parked or stored on-site. 16. The applicant, contractors, subcontractors and all employees shall observe construction activity noise regulations of NBMC Chapter 10.28. No person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. On Sundays and federal holidays, no person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. 17. No audible outside paging system shall be utilized in conjunction with this temporary use. 18. If any temporary lighting is provided, the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming or elimination of light sources or other remediation upon finding that the site is excessively illuminated. 19. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 20. 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 Limited Term Permit. 21. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined 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. 01-03-17 22 Zoning Administrator Resolution No. ZA2017-### Page 8 of 8 22. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit or the processing of a new Limitd Term Permit. 23. 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. 24. 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 RD Olson Construction Worker Parking Lot Limited Term Permit including, but not limited to, XP2017-001. 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 srh 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. 01-03-17 Attachment No. ZA 2 Vicinity Map 13 VICINITY MAP e 3p 33f J J 350, I Hotel Construction site WA MRIAGA 1• C �W Li 32ND Si 4� Vae J Oleclalmer. Every mamnade enrol M,i been maEC to assure me eccwacy ohne EeU e Newport 0 100 200 erovEea.lwevec 11,e Ph m Neeym Beecn ane n:emgoyee:a,w C Beachepeds M1ulerm em am.reapm om,dwly fr or reeryre real,,to suAs ° GIS O Feel o m �e ne aae Iagery: 30042020 1)proms par,EeO M Eagle lmepnp xvrvi eepkaenel cm MCI Limited Term Permit No. XP2017-001 PA2017-009 3303 & 3355 Via Lido Attachment No. ZA 3 Project Plans 15 1 l Y• i I ` r e _ - { Lido I-louse Hotel " i enporary Construction 1 ' Parking Lot (y1 22'.0"setback from • street.when tate opened. / �. ary A 716 1f Tmplr 01/17/17 2� ZONING ADMINISTRATOR-FEBRUARY 16, 2017 ITEM NO. 1A-ADDITIONAL MATERIALS RECEIVED RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) From: Don & Judy Cole fmailto:lagunahouse(@me.coml Sent: Saturday, February 11, 2017 1:59 PM To: Campbell, James <JCampbell(a)a.newportbeachca.gov> Cc: Kiff, Dave <DKiff(a)newportbeachca.gov> Subject: Re: Public Notice PA2017-009 Thank you very much for your response-the staff report was very helpful and answered a lot of our questions. While using the lot for temporary parking ideally makes a lot of sense, we do feel there are some issues that need to be addressed. Of immediate concern is the lot entrance/exit plans and the impact of the additional traffic into and out of one way streets. We also believe that there are some errors, omissions and misleading statements that we feel should be corrected in the staff report. 1. See page 2 in the second paragraph under DISCUSSION- "The lot is located in predominately a commercial area with residential uses located east of Via Lido."This is vague and misleading. In fact, directly across the street from one one of the longest sides of the lot on Via Lido are 12 residences. In the bigger picture, It could be argued that the lot and the commercial areas off Newport Blvd. are in the middle of a predominately residential area. 2. Page 2, paragraph 3- "The lot will have two vehicle gates at existing driveway approaches, one on Via Oporto and the second on Via Malaga. No access to Via Lido is planned or allowed". Even without allowed access on Via Lido, this is problematic. The previous on site parking was limited to a small part of the lot-the buildings took up the majority of space-and it was not open to all the tenants. Rarely were there more than a handful of cars in the lot, except on Sunday. There will now be the potential of up to 100 cars entering on Via Oporto and exiting on either Via Oporto or Via Malaga. 3. Page 6, Section 3., 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, 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 requested limited duration use" We don't see that the facts support this finding. We take issue with Finding 1 that the site is located in predominately commercial area. Finding 2 states"Residential uses are located east of Via Oporto and access to the site is from Via Oporto and Via Malaga."This is inaccurate. Residential uses are also to the north, directly across the street on Via Lido and on Lido Island. It is hard to imagine how the increase in vehicles (up to 100)entering the lot- primarily from Via Lido to Via Oporto- would not constitute a hazard to the public convenience, interest, safety, or general welfare of persons residing in the area or working or shopping in the neighborhood. In addition to an increase in vehicle traffic from the revitalized Lido Marina Village, Via Lido is also experiencing a large increase in pedestrian traffic. 4. Page 7, Section 3, 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 ould reasonably be expected to generate'. The facts don't support this. See Facts in Support of Finding, #3- "Via Malaga is a 35-foot-wide right-of-way and provides two-way traffic and parking only on one side of the street". In fact, Via Malaga is one way with parking on both sides of the street leading to Via Lido. It is further stated that"Entering and exiting the site at the existing driveway with typical passenger vehicles associated with the previous commercial and institutional development was accommodated". As mentioned previously, the number of vehicles that were accommodated previously was dramatically less than what is proposed. Further, any vehicle departing through the Via Malaga driveway will have to exit to Via Lido and most likely they will turn left onto Via Lido to make the most direct exit off the Peninsula at Newport Blvd. This means not only a back up of vehicles on Via Malaga waiting to turn at the stop sign onto Via Lido, but up to 100 cars are most likely passing in front of the residences on Via Lido at the end of the work day, creating a big increase in traffic and making it difficult for the residences to enter or exit their driveways/garages. The crosswalks and increased pedestrian traffic complicate it further. ZONING ADMINISTRATOR-FEBRUARY 16, 2017 ITEM NO. 1A-ADDITIONAL MATERIALS RECEIVED RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) We have no problem in concept with a temporary lot at 3303/3355 Via Lido, but our opinion is that the City's findings as stated are flawed. The Limited Term Permit should not be approved until the issues are addressed and the errors in the staff report corrected. Thank you again, Don &Judy Cole On Feb 10, 2017, at 9:12 AM, Campbell, James <JCampbell(cDnewportbeachca.gov>wrote: Don &Judy, Thank you for the message. Attached to this message is the agenda and staff report for the RD Olson application to use the vacant lot across the street from you property for temporary parking. The staff report should give you the information you seek, but if not, please let me know and I will answer your questions. The Zoning Administrator will consider and likely act on the request on the February 16th. You are free to attend and participate in the hearing or if you can submit written comments for consideration,just send them to me and I will ensure the Zoning Administrator received them. As to the planned and approved townhouse project, the owner continues to weigh their options as they feel the project is not financially viable at this point. They have not shared any timetable with me. Jim Campbell Principal Planner 949-644-3210 -----Original Message----- From: Don &Judy Cole fmailto:lagunahouse(a)me.coml Sent:Wednesday, February 08, 2017 1:40 PM To: Campbell, James <JCampbell((Dnewportbeachca.gov> Cc: Kiff, Dave <DKiff(a)newportbeachca.gov> Subject: Public Notice PA2017-009 Good afternoon, We just returned from a trip to find the notice referenced above on the site location at 3303 and 3355 Via Lido, which is across the street from our home. As whatever happens on this site has significant impact on us, we have attempted to find out more information. In a link connected to the agenda for the Zoning Administrator meeting on the 16th, we found that File#17-0822 Version 1 shows approved, and that final action is open pending the public notice and hearing. Other than that, we have been unable to find any other background on this application. The last we knew, the site was to be developed as townhomes by another developer, but it appears that there has been an ownership change. Please let us know where we can find out more information on the plans for this site- both short term and long term as well as any other background and staff reports that led to the initial approval of this application for a parking lot (temporary or not)on a site that is zoned RM Multiple unit Residential. Thank you in advance for your feedback and assistance. Sincerely, Don &Judy Cole <Agenda (10).pdf><Item No (4).pdf> ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1 B-ADDITIONAL MATERIALS RECEIVED RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Subject: RD Olsen parking lot proposed on Via Malaga, Via Oporto, and Via Lido -----Original Message----- From: Pamela Whitesides [mailto:ptlaw@sbcglobal.net] Sent:Tuesday, February 14, 2017 10:49 AM To: Campbell,James <JCampbell@newportbeachca.gov> Subject: RD Olsen parking lot proposed on Via Malaga,Via Oporto, and Via Lido Dear Mr. Campbell, The Zoning Administrator is set to consider the RD Olsen proposed temporary parking lot. I am a resident on Via Lido and I must point out that the staff report's findings are riddled with errors and require correction and further analysis. 1. Not predominantly residential;the staff ignored residents on Via Lido: The area is not predominantly commercial, with residential uses only to the east of Via Oporto. For some reason the staff report fails to mention the 12 residences on Via Lido, right across the street from the proposed parking lot, with garages that require residents to back out of their garages onto Via Lido. Obviously,these residents will be most detrimentally affected by the proposal. 2. Via Malaga is a one-way street with parking on both sides, not two-way with parking on one side: The proposal indicates the parking lot's main entrance/exit will be on Via Malaga, and the Via Oporto entrance/exit will be an emergency exit.The staff report states that Via Malaga is a two-way street with parking on one side. Not true.A visit at the sight or internet search would have shown that Via Malaga is a one-way street with parking on both sides. 3. The proposal dumps all the exiting traffic onto Via Lido: The report assures that "no access" is planned or allowed on Via Lido, probably in recognition that Via Lido is the main entrance to and from Lido Isle and an extremely busy street. In truth, if approved the proposal will empty all of the cars from the one-way Via Malaga exit onto Via Lido, and up to 100 exiting cars will be turning left across the traffic to and from Lido Isle and directly in front of the residences on Via Lido. It is already a challenge for residents backing out of their garages while dodging the traffic speeding around the curve off of Lido Isle,which traffic gets heavier at quitting time for construction/landscaping/maintenance workers. Add the continuous stream of employees' cars exiting onto Via Lido and it will make it almost impossible to safely back out of our garages onto Via Lido. Contrary to the staff report,the plan will make Via Lido a more dangerous street and be a hazard to residents, pedestrians and traffic. 4. Please make screening more permanent than currently exists: The empty lot currently has fabric screening that repeatedly blows away. This last time the screening has not been replaced. If and when you approve a final proposal, please make as a condition of approval that RD Olsen install a more secure and permanent screening. I respectfully request that you reconsider this proposal, correct the staff findings in view of the realities on the ground, and design a fix that routes traffic away from Via Lido, not onto it. Thank you, Pam Whitesides 3328 Via Lido 1 itt WOIler1 Tog a 4 ` Ov Wim, F s B aft Sal'any '- • .IN •- v - 1 r _ S Per Church of Chrls.l `Mist \ -' � • • �hrl5tl n SclenCe 1�1 - •• '�+. � Flr t •hurch F i" Saverst .St'Affi the Greatr rent Ep s ° �^ Episco Church 111 1 l 1' ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2017-001 A TEMPORARY EMPLOYEE PARKING LOT LOCATED AT 3303 AND 3355 VIA LIDO (PA2017-009) THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RD Olson Construction, Inc., with respect to property located at 3303 and 3355 Via Lido, and legally described as Lots 1201, 1202, 1203, 1204 of Tract 907 with an abandoned alley and portions of Lots 4 and 5 of Tract 1107, requesting approval of a Limited Term Permit to utilize the property for one year as a temporary employee parking lot for construction workers of the Lido House Hotel project located at 3300 Newport Boulevard. 2. The subject property is designated Multiple-Unit Residential (RM) by the Land Use Element of the General Plan. Zoning of the property is PC-59 (Planned Community - Lido Villas) and is subject to the Lido Villas Planned Community Development Plan. 3. The project site is designated Multiple-Unit Residential (RM) by the Coastal Land Use Plan. The Coastal Zoning of the property is PC-59 (Planned Community). 4. Newport Beach Municipal Code (NBMC) Section 20.52.040, Limited Term Permits, allows consideration of limited duration uses (e.g., interim, nonpermanent, and/or seasonal in nature) 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 and are found to be compatible with adjacent and surrounding uses. 5. A public hearing was held on February 16, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach, California, 96220. 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 pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures) and 15304 (Minor Alterations to Land), of the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Section 15301 (Class 1) consists of 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 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 2 of 8 vacant lot would be used for employee vehicle parking on an interim, temporary basis and no permanent structures would be authorized. 3. Section 15303 (Class 4) Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The temporary parking lot requires security fences and gates to be installed. A temporary security fence with gates will be the only improvement to the site. 4. Section 15304 (Class 4) consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees. The site is devoid of vegetation and improvements/alterations to the site are limited to fences with gates that will be installed on a temporary basis during the interim use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040.G (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a Limited Term Permit 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, 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 requested limited duration use. Facts in Support of Finding: 1. The site is located in a mixed-use area, with predominately commercial uses to the west and north, institutional uses to the south, and residential uses to the east. Thp 'Wp. IAAAtoa A. 2. Residential uses are located east of Via Lido Qpsrte-and access to the site is from Via Oporto and Via Malaga. 3. A church is located south of Via Malaga; however, it is not in operation at this time. The church could begin operations at any time; however, the proposed use is a parking lot generally used during the day and not on weekends when services would not generally be held. 4. A perimeter security and screening fence will be provided. The site is paved with asphalt and gravel. 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 3 of 8 5. The hours of operation are limited to 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 6. The project approval includes conditions that will minimize disturbances to residents in the adjacent mixed-use and residential areas.The apeFatien of the 'nteF'M , would eliminate 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 site is 1.2 acres and is located in a predominately commercial area. 2. The site is large enough to provide setbacks to vehicular gates to facilitate efficient vehicle access to the site without creating significant vehicle conflicts within the abutting right of way. 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: AN 1. The site is bounded by three public streets, Via Oporto, Via Malaga and Via Lido. One driveway is located along the Via Oporto frontage and a second is located on Via Malaga. No access is provided or proposed from Via Lido. The number of employees parking at the site will vary per day and is not expected to exceed 100 vehicles. 2. Via Oporto is a 40-foot-wide right-of-way and provides one-way southbound traffic and parking along both sides of the street. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Oporto. 3. Via Malaga is a 35-foot-wide right-of-way and provides tweone-way traffic and parking only on both sides anp s da of the street. Entering and exiting the site at the existing driveway with typical passenger vehicles associated with the previous commercial and institutional development was accommodated. Vehicle traffic for the proposed parking lot will be with typical passenger vehicles and can be accommodated from Via Malaga. 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 4 of 8 4. The Public Works Department and Life Safety Services Division have reviewed the proposed temporary use and find the site, proposed access points from the abutting streets, and the location of fences and gates appropriate for the proposed use. 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. The limited term use is a parking lot and does not generate its own parking demand, therefore this finding does not apply. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, Municipal Code, and other City regulations. Facts in Support of Finding: 1. The Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build-out. The General Plan designates the site for residential use and the proposed interim use for parking does not preclude residential development consistent with the General Plan at build-out. 2. The Circulation Element includes Goal 7.1 to ensure an adequate supply of convenient parking be provided throughout the City. The proposed temporary off-street parking lot avoids construction employees from potentially occupying public parking spaces in the area during the construction of the Lido House Hotel consistent with Circulation Element Goal 7.1. 3. The site is not subject to a specific plan. 4. The temporary parking lot is an interim use of a vacant property and would not be open to the general public for parking. As a result, the minimum development standards of the Zoning Code for the development of a parking lot do not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2017-001 subject to the findings provided in this resolution and the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 5 of 8 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 16th DAY OF FEBRUARY, 2017. Patrick J. Alford, Zoning Administrator 00) 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The site is limited to the daily and non-overnight parking of construction worker personal vehicles for RD Olson Construction and their subcontractors related to their work on the Lido House Hotel project and directly related construction only. 2. The site shall not be used for the storage of any construction material or debris of any kind or origin. No construction equipment access or parking, or deliveries of any material is permitted at the site or within any abutting public right-of-way. 3. Anything not specifically approved by this limited term permit is prohibited and shall be addressed by a separate and subsequent review. 4. Limited Term Permit No. XP2017-001 shall expire twelve (12) months from the effective date unless an extension is granted by the Zoni dministrator. Extensions may be granted up to a total of twelve (12) months. 5. The hours of allowed operation shall be between 6:30 a.m. to 6:00 p.m. daily. Construction workers shall not arrive prior to the gates opening. Construction workers shall not park on public streets or in public parking lots. 6. The general public shall not be permitted to use and/or drive through the temporary parking lot. Signs shall be posted at both entries indicating the site is used for RD Olson and subcontractor construction worker parking only and that the site is not for general public parking. The sign shall include the mobile phone number for the Lido House Hotel job superintendent for any inquiries related to the operation of the temporary parking lot. 7. No queuing of vehicles to gain entry to the site within the public right-of-way is allowed. Gates shall remain open during the hours of operation and shall be secured at the end of each working day. 8. A six-foot-high perimeter fence and gates with screening shall be maintained in good condition at all times. The location of the fencing shall be in accordance with the approved diagram. Minor adjustments may be made subject to the approval of the Public Works Department. The fencing shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. The abutting public sidewalk shall be maintained free of obstruction at all times. 9. Emergency vehicle access shall be maintained on-site at all times. An emergency drive aisle loop with a minimum 20-foot width shall be maintained that continues throughout the temporary parking lot to both vehicular access points. 10. All gates shall swing into the project site and gate providing vehicle access shall provide a minimum 26 feet of clearance. All vehicle access points/gates shall have Knox padlocks for fire access. 11. The lot must be kept free of trash, debris and weeds at all times. 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 7 of 8 12. In compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. All active portions of the parking lot shall be watered as necessary to prevent excessive amounts of dust. 13. The applicant shall install and maintain a perimeter erosion control barrier to the satisfaction of the City to ensure that soil is not transported off-site during rain events. 14. The applicant shall sweep adjacent streets and sidewalks daily if visible soil material is carried from the site onto adjacent public streets or sidewalks. 15. All vehicles parked at the site shall be operable at all times. No wrecked or inoperable vehicles shall be parked or stored on-site. 16. The applicant, contractors, subcontractors and all employees shall observe construction activity noise regulations of NBMC Chapter 10.28. No person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six-thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. On Sundays and federal holidays, no person shall generate noise while using or accessing the site that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. 17. No audible outside paging system shall be utilized in conjunction with this temporary use. 18. If any temporary lighting is provided, the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming or elimination of light sources or other remediation upon finding that the site is excessively illuminated. 19. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 20. 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 Limited Term Permit. 21. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined 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. 01-03-17 ZONING ADMINISTRATOR-FEBRUARY 16,2017 ITEM NO. 1C-ADDITIONAL MATERIALS RECEIVED/STAFF-UPDATED RESOLUTION RD OLSON CONSTRUCTION EMPLOYEE PARKING LOT(PA2017-009) Zoning Administrator Resolution No. ZA2017-### Page 8 of 8 22. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 23. 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. 24. 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 RD Olson Construction Worker Parking Lot Limited Term Permit including, but not limited to, XP2017-001. 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 . proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'fees, a 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. 25. The applicant shall conspicuously post and maintain signs on the interior side of the fence and on the exterior of the fence at each entrance advising workers of nearby residences and requesting that workers be courteous and respectful of our residential neighbors arriving and leaving the work site and parking areas. 01-03-17