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HomeMy WebLinkAbout2051 - AMEND CONDITIONAL USE PERMIT WITH REGARD TO PARKING - 512 Goldenrod Ave RESOLUTION NO. 2051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2017-003, AMENDING USE PERMIT NO. UP3638 FOR AN EXISTING COMMERCIAL PARKING FACILITY LOCATED AT 506, 508, 510 AND 512 GOLDENROD AVENUE (PA2017-023) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Welton (Applicant), with respect to properties located at 506, 508, 510 and 512 Goldenrod Avenue, and legally described as Lots 6, 8, 10 and 12 of Block 534 in the Corona del Mar Subdivision, requesting approval of a conditional use permit amendment. 2. The parking lot was established with Use Permit No. UP0727 which was approved in 1961, in connection with the construction of the commercial building at 2849 East Coast Highway. At the time the commercial building was constructed, no off-street parking was required. Therefore, the establishment of the parking for the adjacent commercial uses was voluntary and not a requirement for construction of the new building. 3. The Applicant requests to amend Use Permit No. UP3638, which superseded UP0727 in 1998, allowing the reconfiguration of the existing commercial parking facility on four lots in the Two-Unit Residential (R-2) Zoning District. The Use Permit would be amended to remove Condition of Approval No. 9, which requires a restrictive covenant guaranteeing use of the parking lot by the commercial buildings located at 2831 and 2855 East Coast Highway. The Applicant desires to use two of his four lots for residential development. The other two lots would remain as commercial parking and are proposed to be donated to the City. 4. The subject properties are designated Two-Unit Residential (RT) by the Land Use Element of the General Plan and are located within the Two-Unit Residential (R-2) Zoning District. 5. The subject properties are located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (20.0 —29.9 DU/AC) (RT-D). 6. A public hearing was held on March 23, 2017, in the Council Chambers located 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 (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. 2051 Page 2 of 6 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 Small Structures) and Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) 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 Applicant may construct a duplex on each of the two subject lots. The Class 3 exemption includes the construction of a duplex or similar multi-family structure totaling no more than four dwelling units. 3. The Class 5 exemption includes changes in land use limitations on properties with an average slope of less than 20 percent, which do not result in any changes in land use or density. The proposed project will amend a use permit for an existing commercial parking facility, thereby modifying a previous land use restriction. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits — Findings and Decision), 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 General Plan land use designation for this site is RT, which applies to a range of two-family residential dwelling units such as duplexes and townhomes. The proposed amendment will alter the land use limitations for an existing commercial parking facility such that two of the four lots are available for residential development, consistent with the purpose of this designation. 2. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 01-03-17 Planning Commission Resolution No. 2051 Page 3 of 6 Facts in Support of Finding: 1 . The site is located in the R-2 Zoning District, which is intended to provide for areas appropriate for a maximum of two residential dwelling units (i.e., duplexes) located on a single legal lot. The proposed amendment will alter the land use limitations for an existing commercial parking facility such that two of the four lots are available for residential development, consistent with the intent of this district. 2. Pursuant to Table 2-1 (Allowed Uses and Permit Requirements) of NBMC Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements), a commercial parking facility is permissible in the R-2 Zoning District subject to the approval of a minor use permit. The existing commercial parking facility was legally established in 1961 by Use Permit No. UP0727 and superseded by Use Permit No. 3638 in 1998. It was determined at the time that the facility complied with all applicable provisions of the zoning code. 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. A commercial parking facility has operated at this location since 1961. Its operation has not proven to be incompatible with the neighboring residential uses. Although parking was not required, the facility has been complementary to the adjacent commercial buildings. 2. The proposed amendment to Use Permit No. UP3638 will not alter the existing commercial parking facility rather it will allow the release of a restrictive covenant. Any future use or reconfiguration of these lots will necessitate further review and approval from the appropriate departments. Compliance with all applicable codes will be required. 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 . Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property by way of the alley that abuts the northerly and easterly property lines. The alley is accessible from Goldenrod Avenue and Second Avenue. Any future circulation changes will be reviewed by the Traffic Engineer and Life Safety Services to ensure the facility will function safely and emergency vehicle access will not be compromised. 01-03-17 Planning Commission Resolution No. 2051 Page 4 of 6 2. Any potential upgrades to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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. Fact in Support of Finding: See Facts C-1 and C-2, which are also in support of this Finding. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-003, subject to the conditions set forth in Exhibit "A,"which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF MARCH, 2017. AYES: Kramer, Koetting, Zak, Lawler, Weigand NOES: None ABSTAIN: None ABSENT: Dunlap, Hillgren BY: — 2 hairma BY:-7v Peter Zak, Secre try 01-03-17 Planning Commission Resolution No. 2051 Page 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 3. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. All applicable Conditions of Approval from Use Permit No. UP3638 shall remain with the exception of Conditions of Approval Nos. 2, 4 and 9. 5. The on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and final approval by the City Traffic Engineer or his/her designee. 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. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 8. 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 Goldenrod Avenue Parking Lot including, but not limited to, Conditional Use Permit No. UP2017-003 (PA2017-023). 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/orthe 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 01-03-17 Planning Commission Resolution No. 2051 Pa e6of6 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