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HomeMy WebLinkAbout20200312_Resolution_ZA2020-025Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL March 12, 2020 Tim Tauber Newport Auto Center TauberT@AutoNation.Com Subject: Limited Term Permit No. XP2019-012 (PA2019-255) 101 Bayside Drive Newport Auto Center Temporary Inventory Storage Dear Mr. Tauber, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on March 12, 2020 and effective on March 27, 2020. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Liz Westmoreland, Associate Planner law RESOLUTION NO. ZA2020-025 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LIMITED TERM PERMIT NO. XP2019-012 FOR TEMPORARY VEHICLE STORAGE LOCATED AT 101 BAYSIDE DRIVE (PA2019-255) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Newport Auto Center with respect to property located at 101 Bayside Drive and legally described as Record of Survey RS_095_39-43, requesting approval of a limited term permit for a period of more than 90 days. 2.The applicant proposes to store up to 300 vehicles from the Newport Auto Center (NAC) dealership in a temporary location at the Newport Dunes Resort and Marina (“Newport Dunes”). NAC porters would retrieve vehicles from the existing NAC facility (445 East Coast Highway) via Bayside Drive and drive them to the NAC property between the hours of 10:00 am and 6:00 pm. No test drives, car washing, vehicle repair, sales, or other activities would occur at the vehicle storage site. No customers would enter the subject site. 3.The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Parks and Recreation (PR). 4.The subject property is located within the coastal zone. The Coastal Land Use Plan category is Parks and Recreation (PR) and the Coastal Zoning District is Newport Dunes Planned Community (PC 48). 5.A public hearing was held on March 12, 2020 in the Community Room 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.The project is exempt from the California Environmental Quality Act (CEQA) pursuant to 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. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation, which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Zoning Administrator Resolution No. ZA2020-025 Page 2 of 8 01-25-19 2. The proposed land use would meet the definition of Class 4, F, which allows minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, outdoor festivals, sales of Christmas trees, and similar uses. The application does not include any site improvements or the removal of mature, scenic trees. The use is the temporary parking of vehicles for an off-site land use on an existing gravel parking lot and does not involve any new construction. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act Guidelines under Class 4 (Minor Alterations to Land). Fact in Support of Finding: 1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, such as temporary vehicle storage. Finding: B. 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 use would be authorized for one (1) year, for a possible extension of an additional year if authorized by the Zoning Administrator. 2. The proposed vehicle storage is a passive use, with porters transporting vehicles to and from the site approximately 5 to 10 times per day, Monday through Saturday between the hours of 10:00 a.m. and 6:00 p.m., thereby reducing any potential effects to persons residing or working in the neighborhood. Zoning Administrator Resolution No. ZA2020-025 Page 3 of 8 01-25-19 3. The subject property has been used intermittently for temporary vehicle storage since at least December of 2014, and there is no evidence that this use has been detrimental or hazardous to public convenience, health, or safety of persons residing or working in the neighborhood. 4. The temporary storage of vehicles uses a maximum of 300 parking spaces in the marina/overflow parking area, which contains 654 parking spaces leaving adequate parking for the existing marina and other uses at the Newport Dunes. 5. The proposed parking area would be separated from the residential uses to the west by distance, landscaping, and a block wall. Additionally, the area would not be accessible to the public. 6. Minimum 20-foot wide drive aisles would be maintained thereby allowing access by the Fire Department in the event of an emergency. 7. The directly adjacent uses are nonresidential in nature. Finding: C. 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 temporary storage of vehicles uses a maximum of 300 parking spaces in the marina/overflow parking area, which contains 654 parking spaces. The parking area is separated from the main access drive aisle and vehicular access to the other uses at the Newport Dunes will not be affected. 2. The temporary storage of vehicles in the marina/overflow parking area will not impact the 800-space beach day use parking area located east of the lagoon, which is required to provide a minimum 645 parking spaces for day use beach area users by the Newport Dunes Settlement Agreement. 3. The temporary storage of vehicles using a small portion of a parking area that is used for the marina and overflow for events will not impact public access and recreation components of the Newport Dunes. The proposed vehicle storage area is located across the main access road from the marina and consists of gravel, making the area less desirable and convenient for marina and day use beach area users. 4. No structures or property improvements are proposed or authorized other than temporary barricades required and conditioned by Public Works. Zoning Administrator Resolution No. ZA2020-025 Page 4 of 8 01-25-19 5. As conditioned, the applicant is required to maintain public access and parking in accordance with the Newport Dunes Settlement Agreement, including, but not limited to boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human- powered launch, and camping. Finding: D. 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 subject lot maintains adequate access from Bayside Drive via a two (2)-lane access drive. 2. Traffic related to the proposed use would be minimal, consisting of approximately 5 to 10 porter trips per day. Finding: E. 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 temporary storage of vehicles does not generate an excess of vehicular traffic or significantly impact the parking for patrons and guests of the Newport Dunes Resort and Marina. 2. The applicant, Newport Dunes Resort and Marina, would maintain the Settlement Agreement-required parking spaces. 3. The Public Works department has reviewed the on-site circulation and parking layout and provided conditions of approval to ensure compliance with the related requirements. Finding: F. 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 General Plan and Zoning Code establish the policies and implementing regulations to promote public health, safety, general welfare, economic vitality of neighborhoods, as well as the orderly development of the City, and to ensure the beneficial development Zoning Administrator Resolution No. ZA2020-025 Page 5 of 8 01-25-19 of the City. The site is designated for Parks and Recreation, and although the use is not Parks and Recreation, it is temporary and does not preclude use of the remainder of the site for existing recreational uses. 2. The temporary vehicle storage within an existing parking lot will not be detrimental to surrounding uses, thereby furthering the intent of the General Plan and Zoning Code. 3. The temporary vehicle storage is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 4. The subject lot is not located within a specific plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2019-012 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 12TH DAY OF MARCH, 2020. Zoning Administrator Resolution No. ZA2020-025 Page 6 of 8 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. Temporary vehicle storage shall be limited to the general area depicted on the site plan and may accommodate up to a maximum of 300 vehicles at any one time. 2. No test drives, car washing, vehicle repair, sales, painting, or other activities shall occur onsite. 3. Test driving of vehicles shall be prohibited on all residential streets and shall originate and end at the Newport Auto Center dealership (445 East Coast Highway). 4. Transport of vehicles from or to the project site shall be limited to the hours of 10:00 am to 6:00 pm Monday through Saturday. 5. All vehicles shall be stored in marked parking spaces and there shall be no vehicle stacking within drive aisles. 6. All vehicles stored on-site shall be operable at all times. No wrecked or inoperable vehicles shall be stored onsite. 7. In the event that the stored vehicles must be removed from the site on a temporary basis due to a special event at the Newport Dunes, the vehicles shall not be parked on City streets or public parking lots. If a separate private parking lot is to be used during said special event, the owner of said private parking lot or Newport Auto Center shall secure a Limited Term Permit for the temporary parking of vehicles in accordance with the Zoning Code. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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. 10. 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 operat ed or maintained so as to constitute a public nuisance. 11. 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. Zoning Administrator Resolution No. ZA2020-025 Page 7 of 8 01-25-19 12. 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 of light sources or other remediation upon finding that the site is excessively illuminated. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. 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. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. The temporary vehicle storage location shall be maintained free of litter and graffiti at all times. 17. 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. 18. 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 Newport Auto Center Temporary Inventory Storage including, but not limited to, Limited Term Permit No. XP2019-012 (PA2019-255). 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, Zoning Administrator Resolution No. ZA2020-025 Page 8 of 8 01-25-19 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. Life Safety Division 19. Emergency vehicle access shall be maintained onsite at all times. The Life Safety Division’s minimum drive aisle requirement is 20 feet in width. An emergency drive aisle loop shall be maintained that continues throughout the storage area. The loop shall be provided at the entrance drive and continue to an exit drive. Public Works Department 20. Vehicle drop off and pick up shall occur entirely on private property. 21. The general public, including customers, shall not be permitted to use and/or drive through the vehicle storage area. Temporary traffic barricades or other mea ns shall be installed to block public access to the vehicle storage area.