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HomeMy WebLinkAbout430 32ND ST_BACKPACKERS INN*NEW FILE* 430 32nd St MP Manhattan Partners REAL ESTATE INVESTMENTS& BROKERAGE September 28, 1995 Genia Garcia Associate Planner Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92659-1768 RE: Youth Hostel Dear Genia, RECEIVED BY PLANNING DEPARTMENT ^ITY OF NFWPORT BEAN AN OCT 0 21995 pM 7i8A1QA)211121314t5t6 A I want to take this opportunity to thank you very kindly for all your help and advice regarding both our occupancy concern for the Hermosa Beach Hostel as well as the possibility of reviving the Newport Beach site. Regarding Newport, we are contacting the Reverand Darrell Ford of the St. James Church to inquire about possible parking spaces on their property. We are also contacting the owner of the parking lot which has been the subject of a possible parking agreement. We'll keep you informed of our progress. You will probably receive a call from Hermosa Beach City personnel in the next few weeks regarding our occupancy situation. Anything you can say to help us in our goal for one person per 70 square feet will most certainly be appreciated. Thank you again for all your cooperation. Yours truly M chael Lloyd Michael Rossi i y 232 Manhattan Beach Blvd., Suite E, Manhattan Beach, California 90266 • Tel (310) 379-4545 • Fax (310) 376-4671 OFF -SITE PARKING AGREEMENT International Backpackers Inn 430 32nd Street, Newport Beach THIS AGREEMENT, made and entered into this day of 19_1 by and between CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as 11Cit and INTERNATIONAL BACKPACKERS INN, Inc. hereinafter referred to as "Backpackers" is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: I. is the owner of certain real property located at 424 32nd Street, in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as: hereinafter referred to as 'off -site lot'; and II. ` Backpackers intends to operate an International Backpackers Inn on property located at 430 32nd Street. Provisions of the Newport Beach Municipal Code require persons conducting uses such as inns, hotels, and motels, to provide parking spaces for their customers; and III. On July 11, 1994, Backpackers was granted Use Permit No. 3527 to operate an inn subject to compliance with certain findings and conditions. Condition No. 10 requires.......; MOM IV. Backpackers has entered into a written agreement with Paden (???), which agreement grants to Backpackers the exclusive right to create and use automobile parking spaces on the off -site lot. A copy of the written agreement is attached hereto and marked Exhibit "A". NOW, THEREFORE, the parties agree as follows: 1. Backpackers shall execute, and do all things necessary to ensure the effectiveness and validity of, Exhibit "A." Backpackers agree to fully perform all of the duties and responsibilities imposed upon Backpackers by the Lease Agreement (Exhibit "A") pursuant to which Backpackers has the right to parking spaces, and further agrees that any breach by Backpackers of the terms of Exhibit "A" constitutes a breach of this agreement. The duties of Backpackers pursuant to this paragraph shall continue for such time as the Backpackers operates an Inn under Use Permit No. 3527 located at 430 32nd Street, Newport Beach, CA, and with the characteristics and intensity of use, authorized by the Use Permit No. 3527. 2. In the event that the use of the off-street automobile parking spaces provided for in the Lease Agreement (Exhibit "A") are lost to Backpackers, for any reason, Backpackers agrees to do the following: a. Cease operations of the International Backpackers Inn located at 430 32nd Street, Newport Beach, CA. -2- b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that the automobile parking spaces previously available to Backpackers are no longer available; and C. Prior to resuming business in the manner authorized prior to the loss of the parking spaces, Backpackers shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Backpackers the use of at least the same number of parking spaces required by Use Permit No. 3527 and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and Section 20.30.035(D) of the Newport Beach Municipal Code. 3. At all times when the International Backpackers Inn is open for business, Backpackers shall provide a sufficient number of parking attendants to ensure that the off -site parking spaces are utilized for the purposes intended. 4. Backpackers shall fully perform all of the conditions of approval imposed by the City Council of the City of Newport Beach in conjunction with the approval of Use Permit No. 3527. The minutes of the City Council reflecting the conditions imposed are attached hereto, marked Exhibit "B", and are incorporated herein by reference. 5. Backpackers shall, at least 90 days prior to the expiration of the written Lease Agreement, (Exhibit "A") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A"). -3- 6. This Agreement shall run with the property, shall bind the heirs, successors -in - interest, transferees, vendees, and/or assignees of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Mayor 4N OWNER International Backpackers Inn Ac //, COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (714).644-3200 .Genie Garcia, Associate Planner ` _y By:Marc Myers, Assistant Planner Date: �' 54 d- Address: Districting Map No. Land Use Element Page No. Corrections Required: Legal Description: Lot � Block Section Tract Uzi Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Plan Check No: °�"� .��jIc By:Chriety Teague, Associate Planner Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size Zone Proposed use Required Setbac Front Rear Right Side Left Side FAR WORKSHEET Lot area (site area sa.ft.): sq.ft. Base Development Allocation (BDA): comm sq.ft. [0.5 x Bite area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res vka Square footage permitted: Comm res nka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) comm res okg Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. sq.ft. sq.ft. sq.ft. PROPOSED FAR: ( F % site area sq.ft. J PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H ) sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sa.ft. Maximum X 0.50 sq.ft. SQ.FT.(May not exceed SDA) ovide tissue quired Parking of calculations to verify provided square r oposed parking (Indicate number of stalls provided) `' `�J ' Q "" Total On -Site Parking _ i�4lJ/`�% Standard Compact C� 7� ���'" In -lieu Parking Oimension building height as measured from natural grade to average and maximum C4 %% roof height (( 7� Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below, indicate location of trash containers on site plan. Number of Stories Ploor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fencer, etc. in relation to the property line. Fair Share Contribution 4V X.��iG/1 San Joaquin Hills Transportation Corridor Fee Please indicate any discretionary approval numbers on the plane and incorporate the attached/ excerpt of minutes and list of findings and conditions into the blUeline drawings approval letter into the blueline drawings Modifications Committees Indicate Approval No. on Sluelines Modification required for Use Permits No. Variances No. Resubdivision/Tracts No. Site Plan Reviews No. Amens other '4r) r Easement/Encroachment Permit Subdivision Engineer �, 1�)' -ow,, J l4 Traffic Engineer -^ �!, , Approval of Landsca Plan+ buildino.Decartment: Grading Engineer Parks eartnts ApprovaDpme l of Landscape Plans Coastal Development Pe mica: ' Approval In Concept (AIC) No. (Notes File 3 sets of plans: site, floor, and elevations) Coastal Development Permits No. Effective Dates 9 Waiver/Exemptions No. Effective dates NOTE9 it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the aspartments checked above. If you have questions regarding your application, please contact ass at (714) $44- 3200. FORMS\COMK-ZOM.COR Nor. 1/93 1.111 ur 1vr,nt'utct tiL'Al,ti COUNCIL MEMBERS MINUTES ROLL Ci�9July 11, 1994 INDE) Motion All Ayes x The City Manager advised that pursuant to City Council Policy, when a change order exceeds 10% of the value, it is renewed by him, and anything above that amoun ' is sEview_ = d by the City Council. Hearing no other comme�_mption was made by Council Member Hedges to a`ppz _ the recommended action. Fire Stai 28. Report from City Attorney confirming the Youth Has conditions imposed on the YOUTH HOSTEL UP 3527 in Cannery Village, Use Permit No. 3527. (88) Council Member Hedges cited a few changes he would like to see made in the Conditions of Approval, however, the City Attorney advised that the City Council does not have the ability to make such changes (other than typographical or minor), at this time without reopening the public hearing which requires a motion to reconsider, then proper notification, etc. Mr. Burnham stated he has discussed these Conditions with the permittees and they are in agreement as the Conditions accurately reflect the intent of the City Council when they approved the Use Permit. The Conditions will also give staff ample ability to make sure the Hostel operates as such and that it does so without any annoyance to the neighbors. The City Attorney did point out that he will make a minor change to Condition No. 12 as referenced by Council Member Hedges, and stated also that a Condition No. 17 has been added to allow for a six-month review after the Hostel has opened. Motion x In view of the foregoing, motion was All Ayes made by Council Member Hedges to approve the recommended action. PUBLIC HEARINGS '30. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94-35, being, AN ORDINANCE OF THE CITY COUNCIL PCA 804 OF THE CITY OF NEWPORT BEACH (94) ` AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO INCREASE THE ALLOWABLE PATIO HEIGHT LIMIT WITHIN REQUIRED FRONT YARD SETBACKS ON RESIDENTIAL LOTS ALONG NORTH BAY FRONT AND SOUTH BAY FRONT ON BALBCA ISLAND (PLANNING COMMISSION AMENDMENT NO. 804). hwort from the Planning Department, The Plb ning Director reported that this amendment was initiated by the Planning Commission d applies only to patio heights witbi .,the required front yard setback on residential lots along the North and South Bay Front on Balboa Island and increases the height for patios on private property from 2 feet to 2-1/2 feet. Volume 48 - Page 231 �� - L T X up INP, irrvni Ll,t1V1l MINUTES COUNCIL MEMBERS �T moo; d1�9\ June 27, 1994 45. Mayor Turner opened the public hearing U P on APPEAL from decision of Planning Back Commission regarding USE PERMIT NO. 3527 Inn/ - Request to establish an International Host Backpackers Inn on property located in the Specialty Retail area of the Cannery (88) Village/McFaddeu Square Specific Plan at 430 32nd Street, between Newport Boulevard and Villa Way. Report from Planning Department. Appeal application from Philip Boston of Backpackers Inn. The City Clerk advised that after the printing of the agenda, 13 letters and a number of petitions were received in opposition to the proposal. The Planning Director summarized the staff report noting that the proposal involves short term dormitory style accommodations for traveling backpackers at the subject location. In accordance with Section 20.63.030 of the Municipal Code, this area allows such uses as hotels, motels, and "bed and breakfasts," subject to the approval of a use permit in each case. The Planning Commission on May 19, 1994 voted (5 to 2) to recommend denial of this application primarily because of location, restricted access to the facility, and lack of off-street parking spaces as set forth in the staff report. If it is the desire of the City Council to approve this use permit, additional findings and conditions of approval are suggested as enumerated in the report. Bob Dakota, 118 40th Street, representing the youth hostel project, addressed the Council in support of their request, and noted the following: 1) they chose the subject location because of the current zoning of the area which permits their type of use; 2) pursuant to the Unruh 'Act, they require a passport or an international student ID, and do not discriminate against Americans; and 3) they have secured an off -site parking vide the required parking at n 424-42t to o 2 32nd Street, and submitted a letter of intent from the property owner. He requested that the City Council approve their request based on fact that they have conformed to the McFadden/Cannery Village Specific Area Plan, and have complied with the Planning Commission's concern to provide adequate parking. In response to Council inquiry, Mr. Dakota stated that youth hostels are not restricted to a specific age group, but generally those who patronize this type of facility are in the 20/35 age group; if could compromiseed by the and reduce he City, ynumber of beds from 50 to 40; they are not going to restrict access to the youth hostel to Volume 48 - Page 210 COUNCIL MEMBERS CITY OF NEWPORT BEACH y�oc, t"s CRLL June 27, 1994 just foreign passports as thought by some people; they currently have five restrooms, but are willing to expand that number if required, and they have six individual showers. Roy Jackson, 510 31st Street, addressed the Council and stated he was spokesperson for a group of 65 property owners on 31st and 32nd Streets in opposition to the proposed youth hostel, and referenced the 14-page petition submitted earlier today. He displayed maps depicting the proximity of the proposed youth hostel to business owners and residential occupants, existing service facilities and bars. He stated they question the practicality of converting the subject office building into a viable facility;, felt that their neighborhood is already a high -density, saturated area; if the youth hostel is approved it would only add "vigorous activity," and more traffic and noise. He stated they felt a more appropriate location should be sought, and urged denial of the appeal. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated he did not consider 50 patrons high - density, and questioned whether all 50 beds would be filled at the same time. He pointed out that residents who live in the Cannery Village area are aware it is mixed use, and that too many proposals are turned down by the City because of neighborhood opposition. He suggested the City Council give the youth hostel a chance to prove its operation, review the use permit in six months, and if any of the conditions of approval have been violated, then begin revocation proceedings. Douglas Boyd, 2101 E. Balboa Boulevard, Associate Real Estate Broker with Joan Corroll at Balboa -Newport Realty, addressed the Council and stated their office is immediately adjacent to the west of the proposed youth hostel, and one of their concerns is the availability of parking not only for their agents, but clients as well, especially on busy summer weekends. Therefore, he suggested the City scrutinize the off-street parking agreement mentioned earlier by Mr. Dakota. He also stated that the property owner who will be entering into that parking agreement has not demonstrated in the recent past an acceptable level of maintenance of that Property, which they feel is a critical issue. Volume 48 - Page 211 MINUTES Backpackers Inn "ITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �G�y�y9\ June 27, 1994 INDEX The following persons addressed the Backpacker Council in opposition to the proposed Inn youth hostel: Bud Reveley, 214 36th Street Dan Hilton, 425 31st Street Guy Miner, 365 Via Lido Soud Charles Russell, owner of Barber Shop on 32nd Street Pat Hilton, 425 31st Street It was indicated by the above speakers that the proposed youth hostel is not an appropriate use for the area; it would have a significant impact on parking in the area, as well as noise and litter; the request should be denied based on the fact that it would be detrimental to the health, safety and peace of the community; there will not be sufficient restroom and shower facilities in ratio to the number of beds, and that this matter be studied further prior to any Council action. Mitsto Kimura, 104-105 Santa Marga Street, Cypress, representing the property owner of where the proposed youth hostel would be located, spoke in support of the project. He stated he has been managing the property for almost 2 years, and that the building has been vacant most of that time; they are willing to work with the applicants to renovate the structure which should improve the area, and generate revenue for the City. The following persons addressed the Council in support of the youth hostel: John Newcomb, 1821 W. Bay, owner of property, 32nd St./Villa Way Scott Sanden (no address given) Karen Pieumest, Backpacker from Europe Jonella Tesone, owner of Second Time Around on 32nd Street Mary Ann Jacobson, Backpacker from Europe It was indicated by the above speakers that the proposed youth hostel would be good for Cannery Village as well as for the City; it would expose travellers to Newport Beach and bring "life" to the community as well as revenue. Andrew Grace, Applicant, 118 40th Street, addressed the Council in support of their request. He stated he has not seen the petition in opposition, however, their petition in support exceeds 80 signatures from business owners primarily in Cannery Village; the hostel will be good for the economy; they have resolved the parking issue by finding off-street parking, however, they do not think they will need that much parking, as many of their patrons will be shuttled to their facility; they will be providing sufficient restrooms and showers on each level, including a handicapped restroom, and no alcoholic beverages will be allowed. Volume 48 - Page 212 „ yCITY OF NEWPORT BEACH t ROLL CALL Motion COUNCIL MEMBERS q�T TGgy�qlk qT June 27. 1994 MINUTES INDEX' k ackefs Hearing no others wishing to address the Sac p Council, the public hearing was closed. Inn Council Member Watt stated there have beennumber of improvements in Cannery ,a Village recently which is a mixed use area. However, she felt the proposed youth hostel would be "too much” for the subject area, due to the large number of conditions that will have to be imposed, and therefore, she stated she will be voting against the project. Council Member Cox stated there will never be the perfect location for a youth hostel; however, the applicants are attempting to do something very "positive" in and for the City. He does not agred with the negative views as seen by some of the residenta, and inasmuch as it will help not only the youth but the economy, he will support the project. Mayor Turner also spoke in support of x the youth hostel stating he felt the City should give it a try, and therefore, moved to, reverse the decisiop of the Planning Commission and grant Use No..._3�27_,_based on the_Findings. .Permit. and, Conditions on Page 21 and 22 of the istaff resort,_. with the provis of n that _ Condition No. S be amended to reduce the umbex_of beds from=50 to 40at e .appl3.cant_comply_wi-th all.the provisions o_f the Unruh Act; that a new Condition be required for a six mont rev elf ' the_.operat3on liy_ the-'C_i y=fo' make sure -been all_ Conditions_ of. Aporoval�have , met.;.,_and_that the additional Findii and.Conditions of Approval on Page 3 and 4 of_the staff report iegar3ing__parkin_g _ -e approxed. Council Member Hart stated she also will be supporting the youth hostel as she felt it could work very well in Cannery Village and inasmuch as the City will be revisiting it in six months. Council Member Debay noted for the benefit of those in attendance that no amplified sound will be allowed in the hostel; that lights go out at 10:30 p.m. in the sleeping areas, and that the lounge where the television will be located has no windows. She advised that she spent a great deal of time with Mr. Dakota, walked the property and discussed possible drawbacks, and found Mr. Dakota to be the type of person who would live up to what is being promised to the City by the applicants, and therefore, she will vote in support of the hostel. The City Attorney recommended the motion be amended to include_a_czxW_1tion whereby ..the operation of the hostel Vould_ be.. conducted_in strict_comgliance_. with theposed, rules, and regal -_ni _protlo 4 set.- forth __on .Pages _81 _ through _ 84 .and. ,Page 86 of.the staff report. And Volume 48 - Page 213 ITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES yF��sy2so��q�� &�y9�� �Of 0�9\ June 27, 1994 INDEX NULL tMLL further, he recommended man --additional Backpacker condition requiring applicants to comply Inn with, all_ ordinances and resol�ons of the _City_,- and- any_ viola ions —of -116 e dQC_UAlgnts- _ woul_d_ be__ grounds - for _z.Ae_v_ocation. Ayes x x x x Mayor Turner indicated he had no objections to including the above in his Noes x x motion, and there being no further discussion, the-.motion,-.as-amended,--ftas_-, sated-on-and_carried., 46. Mayor Turner opened the public hearing Ord 94-28 regarding proposed ORDINANCE NO. 94-28, Mariners N being, I Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MARINERS MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH \MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY (MARINERS MILE AREA PLAN) SO AS TO ALLOW \SPECIFIC THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE QFF-STREET PARKING REQUIREMENTS IF CERTAIN CRITERIA ARE MET. Recycled deport dated June 8, 1994 from City Attorpey. The City A\t�orney indicated his staff report was self-explanatory and he had nothing new to add. Hearing no one\wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member All Ayes Sansone to adopt Oidd`inance No. 94-28. 47. Mayor Turner opened`t�he public hearing Ord 94-29 regarding proposed ORDNANCE NO. 94-29, Zoning being, \\ (94). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EWPORT BEACH AMENDING TITLES 19 20 OF THE NEWPORT BEACH MUNICIP CODE SO AS TO ELIMINATE THE MANDATORY PLANNING COMMISSION VIEW OF FINAL TRACT MAPS; E TE THE MANDATORY CITY COUNCIL VIEW OF TENTATIVE TRACT MAPS; AND 0 ALLOW THE MODIFICATIONS COMMI TO REVIEW AND APPROVE TE AAIVE pCA 794 PARCEL MAPS (PLANNING COMMI SION AMENDMENT No. 794). Report from Planning Department, The Planning Director noted that the\ proposed Ordinance is being recommended \ for adoption by the Planning Commission and Economic Development Committee. \ Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Cox to All Ayes adopt Ordinance No. 94-29. Volume 48 - Page 214 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES nn� i ra June 27, 1994 INDEX RVLL VI LI- 8. Mayor Turner opened the public hearing Ord 94-30 regarding proposed ORDINANCE NO. 94-30, Zoning being. (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF DISTRICTING MAPS NO. 22 AND 25 SO AS TO RECLASSIFY PROPERTY FROM THE R-3 (2178) DISTRICT TO THE APF DISTRICT (PLANING COMMISSION PCA 803 AMENDMENT NO. 803). Rep t from the Planning Department. The ]anning Director advised that the prop sed amendment involves two properties on Medical reclas\bythe Lane fR-3(2178) District to the APF Di which was unanimously approvthe Planning Commission on May 19.Hearinne wishing to address the Councipublic hearing was closed. lotion x Motion a byMayor Turner to adopt ,11 Ayes Ordina. 4-30. 49. Mayor op ned the public hearing Ord 94-31 regarding propos d ORDINANCE NO. 94-31, Water Rati being, (89) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING VARIO S CHAPTERS OF TITLE 14 OF THE NEWPO�LT MUNICIPAL _BEACH CODE SETTING V% BASIC WATER QUANTITY RATE AT 1.82 PER HUNDRED CUBIC FEET AND MO FYING THE WATER RATES FOR 3/4-IN 1-INCH AND 2- INCH WATER SERVICE . Report from Utilities Depa tment. The City Clerk advised the after the agenda was printed, a tter was received from Ed Van del Bo sche, 121 40th Street, in opposition to the proposed rate increase. It was noted in the staff repo t that the cost of providing wate will increase due to the following fac ors: 1. A 7% increase in the ice paid for water. On July 1, 1 94, MWD will increase the price om $385 per acre-foot to $412 r acre foot. This will increake 1994-95 costs in excess o $460,000. 2. A significant increase in the cost of disinfection chemicals related to the imposition of new stringent transportation and safety standards. Volume 48 - Page 215 FINAL FINDINGS AND CONDITIONS FOR USE PERMIT NO. 3527 AS APPROVED AND MODIFIED BY THE CITY COUNCIL ON JUNE 27, 1994 AND JULY 11, 1994 FINDINGS: 1. The proposed Youth Hostel Facility is consistent with the General Plan, the Adopted Local Coastal Program, Land Use Plan, and the Cannery Village/McFadden Square Specific Area Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed facility will not change the character of the parking requirements for the existing building and will not create any additional parking demands. 4. The approval of Use Permit No. 3257 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City CONDMONS: Permittee shall be authorized to operate a hostel providing low cost temporary accommodations to tourists and travelers. • Permittee shall require all prospective lodgers to provide passport (such as a U.S. passport) or international student identification as a condition to lodging. Permittee shall not permit lodging by minors when to do so would violate provisions of State or local law. 042. Permittee shall ensure that a live-in manager is on duty at all times. yjV�J 3. Permittee shall install no more than forty (40) individual beds for lodgers (or twenty (20) bunk beds) and one (1) bed in the live in -manager's sleeping quarters. 4. Permittee shall adopt, inform lodgers of, and strictly enforce rules of conduct for its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operational rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules include, without limitation, the following: A. No amplified music is permitted in any sleeping area and amplified music in the lounge shall be limited to 8:30 a.m, to 10:30 p.m. on weekdays and 9:00 a.m, to 10:30 p.m. on weekends; and Final Findings and Conditions -Page 2 Use Permit No. 3527 B. No controlled substances or alcohol are permitted on the premises; and C. No loud or unreasonable noise shall be made inside or outside of the premises; and D. No guest or lodger may stay more than twenty-one (21) days within any forty-five (45) day period; and E. No lodger or guest shall loiter in the sidewalk, street, alley or any private property in the vicinity of the hostel. 5. Permittee shall comply with all laws, ordinances, rules, regulations, policies and resolutions of the City of Newport Beach, the County of Orange, and the State of California. Any violation of any law, rule, policy, resolution, ordinance or regulation by Permittee, or persons under Permittee's control, shall be grounds for revocation of the Permit. 6. Permittee shall pay all taxes and fees required by provisions of the Newport Beach Municipal Code including, without limitation, Chapters 3.16, 3.28 and 5.36. Permittee, agrees and acknowledges that the provisions of Chapter 3.16 of the Newport Beach Municipal Code require each lodger to pay Transient Occupancy Tax and Permittee shall collect the tax upon registration. PP7. All doors facing residential properties on 31st Street shall remain closed after 10:30 p.m. to confine noise to the interior of the building. OIv8. Permittee shall maintain an affiliation with Rucksackers of North America or other international hostel association and otherwise promote the premises as a hostel catering to international and intranational travelers. d4. Permittee shall provide three on -site parking spaces one of which shall be reserved for the retail use currently operating at the location. The parking area shall be re -striped and improved to f the satisfaction of the Traffic Engineer. I #A l�10(. Permittee shall provide seven off-street and off -site parking spaces on the property at 424 32nd Street. This off -site code required parking shall be provided in accordance with the following: i A. Permittee shall enter into a written agreement with the owner of the property at 424 32nd Street pursuant to which Permittee has the right to use the property to provide a minimum of seven parking spaces; and B. Permittee shall enter into a written agreement with the City pursuant to which /Permittee, among other things, is required to provide a minimum of seven off-street parking 1',� spaces at 424 32nd Street which further obligates Permittee to cease operation or find p substitute parking in the event Permittee loses the right to some or all of the seven spaces; and ma Final Findings and Conditions -Page 3 Use Permit No. 3527 C. That the seven parking spaces provided at 424 32nd Street shall satisfy the requirements for the existing structure so long as it is used as a storage facility by the Hostel; and D. The off -site parking spaces shall be paved, striped and improved to the satisfaction of the Traffic Engineer and Planning Department prior to the issuance of any occupancy permit for the hostel, and permittee shall landscape the unapproved area on the east side of the structure at 424 32nd Street; and E. The off -site parking spaces shall be maintained in a clean and orderly manner with all weeds and debris removed and no storage of boats, material or equipment on any portion of the parking spaces to be provided; and F. Signs identifying the off -site parking spaces for the use of patrons of the hostel shall be conspicuously displayed in the hostel and on the off -site lot as approved by the Planning Director. 11. Permittee may operate a shuttle bus service between the hostel and other similar facilities and shall operate a shuttle bus between the hostel and public transportation facilities such as the airport, bus station, and train station to promote use of the hostel by international travelers and reduce the need for parking. Permittee may offer and operate tours and excursions from the premises provided they are available only to lodgers and guests of Permittee. M. 12. Permittee may offer reduced weekly or bi-weekly rates. 13. Permittee shall obtain a Coastal Development Permit from the Coastal Commission prior to the issuance of building permits. 14. The proposed development shall be in substantial conformance with the approved plot plan and floor plans. The Planning Commission or City Council may add to, or modify conditions of approval to this Use Permit, and the Planning Commission may recommend revocation, and the City Council may revoke this Use Permit. Upon a determination that the operation of the hostel adversely impacts the health, safety, peace or welfare of the community. ,J6' This approval shall expire within twenty four (24) months from the date of approval unless a building permit has been issued by the City of Newport Beach and substantial construction and reliance upon that permit has commenced prior to the expiration date. 17. This Use Permit shall be reviewed within six months after the Hostel opens. FA ..VAY-G\UP\UP3527.DOC CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY 3U'Ly 11, 4-uly3-9-, .1994 TO: Mayor Clarence Turner Members of City Council FROM: Robert H. Burnham SUBJ: PROPOSED CONDITIONS OF THE YOUTH HOSTEL The City Council imposed numerous conditions in conjunction with approval of the hostel at 430 32nd Street (Use Permit No. 3527). Some of the conditions were based on material in the agenda packet and testimony received during the hearing. Staff has drafted a set of conditions we believe represent those imposed by the Council and they are attached to this memo. RECOMMENDATION: Confirm that conditions attached to this memo as Exhibit A represent the conditions impos d on Use Permit No. 3527. T City Attorney RHB:gjb MCCHoste.711 EXHIBIT A: 1. Permittee shall be authorized to operate a hostel providing low cost temporary accommodations to tourists and travelers. Permittee shall require all prospective lodgers to provide passport (such as a U.S, passport) or international student identification as a condition to lodging. Permittee shall not permit lodging by minors when to do so would violate provisions of State or local law; 2. Permittee shall ensure that a live-in manager is on duty at all times; 3. Permittee shall install no more than forty (40) individual beds for lodgers (or twenty (20) bunk beds) and one (1) bed in the live in -manager's sleeping quarters; 4. Permittee shall adopt, inform lodgers of, and strictly enforce rules of conduct for its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operational rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules include, without limitation, the following: A. No amplified music is permitted in any sleeping area and amplified music in the lounge shall be limited to 8:30 a.m. to 10:30 p.m. on weekdays and 9:00 a.m. weekends; to 10:30 p.m. on B. No controlled substances or alcohol are permitted on the premises; C. No loud or unreasonable noise shall be made inside or outside of the premises; D. No guest or lodger may stay more than twenty-one (21) days within any V� forty-five (45) day period; and E. No lodger or guest shall loiter in the sidewalk, street, alley or any private property in the vicinity of the hostel. 5. Permittee shall comply with all laws, ordinances, rules, regulations, policies and resolutions of the City of Newport Beach, the County of orange, and the State of California. Any violation of any law, rule, policy, resolution, ordinance or regulation by Permittee, or persons under Permittee's control, shall be grounds for revocation of the Permit; 6. Permittee shall pay all taxes and fees required by provisions of the Newport Beach Municipal Code including, without limitation, Chapters 3.16, 3.28 and 5.36. Permittee agrees and acknowledges that the provisions of Chapter 3.16 of the Transient O Neport Beach cupancyMunicipal and Permittee require each lodger eeshall collect he tax upon registration; 7. All doors facing residential properties on 31st Street shall remain closed after 10:30 p.m. to confine noise to the interior of the building; 8. Permittee shall maintain an affiliation with Rucksackers of North America or other international hostel association and otherwise promote the premises as a hostel catering to international and intranational travelers; 9. Permittee shall provide three on -site parking spaces one of which shall be reserved for the retail use currently operating at the location. The parking area shall be re -striped and improved to the satisfaction of the Traffic Engineer; 10. Permittee shall provide seven off-street and off -site parking spaces on the property at 424 32nd Street. This off -site code required parking shall be provided in accordance with the following: A. Permittee shall enter into a written agreement with the owner of the property at 424 32nd Street pursuant to which Permittee has the right to use the property to provide a minimum of seven parking spaces; B. Permittee shall enter into a written agreement with the City pursuant to which Permittee, among other things, is required to provide a minimum of seven off-street parking spaces at 424 32nd Street which further obligates Permittee to cease operation or find substitute parking in the event Permittee loses the right to some or all of the nee seven spaces; C. That in addition to the seven parking spaces provided at 424 32nd Street, three additional parking spaces sz__,C D. The off -site parking spaces shall be paved, striped and improved to the satisfaction of the Traffic Engineer and Planning Department prior to the issuance of any Pe'llr,it occupancy permit for the hostel and a w" g landsca a the una roved area on the east side of eshthe structure at 424 32nd Street; E. The off -site parking spaces shall be maintained in a clean and orderly manner with all weeds and debris removed and no storage of boats, material or equipment on any portion of the parking spaces to be provided; and F. Signs identifying the off -site parking spaces for the use of patrons of the hostel shall be conspicuously displayed in the hostel and on the off -site lot as approved by the Planning Director. 11. Permittee shall pay operate a shuttle bus service between the hostel and other similar facilities and shall operate a to promote use of the hostel by international travelers and reduce the need for parking. Permittee may offer and operate tours and excursions from the premises provided they are available only to lodgers and guests of Permittee; 12. Permittee may offer reduced weekly or bi-weekly rates, but Permittee shall not offer reduced or discounted rates for any stay in excess of 21 days during any ninety day period; 13. Permittee shall obtain a Coastal Development Permit from the Coastal Commission prior to the issuance of building permits; 14. The proposed development shall be in substantial conformance with the approved plot plan and floor plans; 15. The Planning Commission or City Council may add to, or modify conditions of approval to this Use Permit, and the Planning Commission may recommend revocation, and the City Council may revoke this Use Permit. Upon a determination that the operation of the hostel adversely impacts the health, safety, peace or welfare of the community; 16. This approval shall expire within twenty four (24) months from the date of approval unless a building permit has been issued by the City of Newport Beach and substantial construction and reliance upon that permit has commenced prior to the expiration date. June 26, 1995 Bob Dakota 118 40th Street Newport Beach, CA 92663 RE: CONDITIONS OF THE YOUTH HOSTEL Dear Mr. Dakota: I have attached a copy of the conditions imposed by the City Council in conjunction with the approval of the Youth Hostel at 430 32nd Street (Use Permit No. 3527). These conditions are virtually identical to those we discussed prior to the Council meeting. Condition 10(C) has been slightly revised so that the seven parking spaces satisfy the requirements for the existing structure at 424 32nd Street so long as it is used as a storage facility by the Hostel. We have added condition 17 that requires the review of the Use Permit within six months after the Hostel opens - this condition was clearly imposed by the City Council and was inadvertently left off the list. Please sign in the space provided below indicating your understanding and acceptance of the conditions, retain the copy of the acceptance and conditions for your files, and return the original to this office in the self addressed stamped envelope enclosed for your convenience. Please contact the Planning Department for information regarding the Coastal Development Permit applications and procedures. We hope your business is successful and profitable. Robert H. Burnham City Attorney Bob Dakota Consultant to Andrew Grace (Permittee) RHB:gjb cc:Jim Hewicker Bill Laycock Kevin Murphy Jay Garcia RHB : gj b Dakota.let bcc:Members of City Council EXHIBIT A: 1. Permittee shall be authorized to operate a hostel providing low cost temporary accommodations to tourists and travelers. Permittee shall require all prospective lodgers to provide passport (such as a U.S. passport) or international student identification as a condition to lodging. Permittee shall not permit lodging by minors when to do so would violate provisions of State or local law; 2. Permittee shall ensure that a live-in manager is on duty at all times; 3. Permittee shall install no more than forty (40) individual beds for lodgers (or twenty (20) bunk beds) and one (1) bed in the live in -manager's sleeping quarters; 4. Permittee shall adopt, inform lodgers of, and strictly enforce rules of conduct for its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operational rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules include, without limitation, the following: A. No amplified music is permitted in any sleeping area and amplified music in the lounge shall be limited to 8:30 a.m. to 10:30 p.m. on weekdays and 9:00 a.m. to 10:30 p.m. on weekends; B. No controlled substances or alcohol are permitted on the premises; C. No loud or unreasonable noise shall be made inside or outside of the premises; D. No guest or lodger may stay more than twenty-one (21) days within any forty-five (45) day period; and E. No lodger or guest shall loiter in the sidewalk, street, alley or any private property in the vicinity of the hostel. 5. Permittee shall comply with all laws, ordinances, rules, regulations, policies and resolutions of the City of Newport Beach, the County of Orange, and the State of California. Any violation of any law, rule, policy, resolution, ordinance or regulation by Permittee, or persons under Permittee's control, shall be grounds for revocation of the Permit; 6. Permittee shall pay all taxes and fees required by provisions of the Newport Beach Municipal Code including, without limitation, Chapters 3.16, 3.28 and 5.36. Permittee agrees and acknowledges that the provisions of Chapter 3.16 of the Newport Beach Municipal Code require each lodger to pay Transient Occupancy Tax and Permittee shall collect the tax upon registration; 7. All doors facing residential properties on 31st Street shall remain closed after 10:30 p.m. to confine noise to the interior of the building; 8. Permittee shall maintain an affiliation with Rucksackers of North America or other international hostel association and otherwise promote the premises as a hostel catering to international and intranational travelers; 9. Permittee shall provide three on -site parking spaces one of which shall be reserved for the retail use currently operating at the location. The parking area shall be re -striped and improved to the satisfaction of the Traffic Engineer; 10. Permittee shall provide seven off-street and off -site parking spaces on the property at 424 32nd Street. This off -site code required parking shall be provided in accordance with the following: A. Permittee shall enter into a written agreement with the owner of the property at 424 32nd Street pursuant to which Permittee has the right to use the property to provide a minimum of seven parking spaces; B. Permittee shall enter into a written agreement with the City pursuant to which Permittee, among other things, is required to provide a minimum of seven off-street parking spaces at 424 32nd Street which further obligates Permittee to cease operation or find substitute parking in the event Permittee loses the right to some or all of the seven spaces; C. That the seven parking spaces provided at 424 32nd Street shall satisfy the requirements for the existing structure so long as it is used as a storage facility by the Hostel. D. The off -site parking spaces shall be paved, striped and improved to the satisfaction of the Traffic Engineer and Planning Department prior to the issuance of any occupancy permit for the hostel, and permittee shall landscape the unapproved area on the east side of the structure at 424 32nd Street; E. The off -site parking spaces shall be maintained in a clean and orderly manner with all weeds and debris removed and no storage of boats, material or equipment on any portion of the parking spaces to be provided; and F. Signs identifying the off -site parking spaces for the use of patrons of the hostel shall be conspicuously displayed in the hostel and on the off -site lot as approved by the Planning Director. 11. Permittee may operate a shuttle bus service between the hostel and other similar facilities and shall operate a shuttle bus between the hostel and public transportation facilities such as the airport, bus station, and train station to promote use of the hostel by international travelers and reduce the need for parking. Permittee may offer and operate tours and excursions from the premises provided they are available only to lodgers and guests of Permittee; 12. Permittee may offer reduced weekly or bi-weekly rates; 13. Permittee shall obtain a Coastal Development Permit from the Coastal Commission prior to the issuance of building permits; 14. The proposed development shall be in substantial conformance with the approved plot plan and floor plans; 15. The Planning Commission or City Council may add to, or modify conditions of approval to this Use Permit, and the Planning Commission may recommend revocation, and the City Council may revoke this Use Permit. Upon a determination that the operation of the hostel adversely impacts the health, safety, peace or welfare of the community; 16. This approval shall expire within twenty four (24) months from the date of approval unless a building permit has been issued by the City of Newport Beach and substantial construction and reliance upon that permit has commenced prior to the expiration date; 17. This Use Permit shall be reviewed within six months after the Hostel opens. FINAL FINDINGS AND CONDITIONS FOR USE PERMIT NO. 3527 AS APPROVED AND MODIFIED BY THE CITY COUNCIL ON JUNE 27, 1994 AND JULY 11, 1994 FINDINGS: The proposed Youth Hostel Facility is consistent with the General Plan, the Adopted Local Coastal Program, Land Use Plan, and the Cannery Village/McFadden Square Specific Area Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. That the proposed facility will not change the character of the parking requirements for the existing building and will not create any additional parking demands. 4. The approval of Use Permit No. 3257 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Permittee shall be authorized to operate, a hostel providing low cost temporary accommodations to tourists and travelers. • Permittee shall require all prospective lodgers to provide passport (such as a U.S. passport) or international student identification as a condition to lodging. Permittee shall not permit lodging by minors when to do so would violate provisions of State or local law. 2, Permittee shall ensure that a live-in manager is on duty at all times. 3. Pennittee shall install no more than forty (40) individual beds for lodgers (or twenty (20) bunk beds) and one (1) bed in the five in -manager's sleeping quarters. 4. Permittee shall adopt, inform lodgers of, and strictly enforce rules of conduct for its guests to ensure their operation is not detrimental to the health, safety, peace or welfare of the neighborhood. All operational rules of and for the hostel shall be conspicuously displayed at locations throughout the premises and shall be printed in multiple languages to accommodate foreign travelers. These rules include, without limitation, the following: A. No amplified music is permitted in any sleeping area and amplified music in the lounge shall be limited to 8:30 a.m. to 10:30 p.m. on weekdays and 9:00 a.m. to 10:30 p.m. on weekends; and Final Findings and Conditions -Page 2 Use Permit No. 3527 B. No controlled substances or alcohol are permitted on the premises; and C. No loud or unreasonable noise shall be made inside or outside of the premises; and D. No guest or lodger may stay more than twenty-one (21) days within any forty-five (45) day period; and E. No lodger or guest shall loiter in the sidewalk, street, alley or any private property in the vicinity of the hostel. Permittee shall comply with all laws, ordinances, rules, regulations, policies and resolutions of the City of Newport Beach, the County of Orange, and the State of California. Any violation of any law, rule, .policy, resolution, ordinance or regulation by Permittee, or persons under Pernvttee's control, shall be grounds for revocation of the Permit. 6. Permittee shall pay all taxes and fees required by provisions of the Newport Beach Municipal Code including, without limitation, Chapters 3.16, 3.28 and 5.36. Permittee agrees and acknowledges that the provisions of Chapter 3.16 of the Newport Beach Municipal Code require each lodger to pay Transient Occupancy Tax and Permittee shall collect the tax upon registration. All doors facing residential properties on 31st Street shall remain closed after 10:30 p.m. to confine noise to the interior of the building. Permittee shall maintain an affiliation with Rucksackers of North America or other international hostel association and otherwise promote the premises as a hostel catering to international and intranational travelers. Permittee shall provide three on -site parking spaces one of which shall be reserved for the retail use currently operating at the location. The parking area shall be re -striped and improved to the satisfaction of the Traffic Engineer. 10. Permittee shall provide seven off-street and off -site parking spaces on the property at 424 32nd Street. This off -site code required parking shall be provided in accordance with the following: A. Permittee shall enter into a written agreement with the owner of the property at 424 32nd Street pursuant to which Permittee has the right to use the property to provide a minimum of seven parking spaces; and B. Permittee shall enter into a written agreement with the City pursuant to which Permittee, among other things, is required to provide a minimum of seven off-street parking spaces at 424 32nd Street which further obligates Permittee to cease operation or find substitute parking in the event Permittee loses the right to some or 0 of the seven spaces; and Final Findings and Conditions -Page 3 Use Permit No. 3527 C. That the seven parking spaces provided at 424 32nd Street shall satisfy the requirements for the existing structure so long as it is used as a storage facility by the Hostel; and D. The off -site parking spaces shall be paved, striped and improved to the satisfaction of the Traffic Engineer and Planning Department prior to the issuance of any occupancy permit for the hostel, and permittee shall landscape the unapproved area on the east side of the structure at 424 32nd Street; and E. The off -site parking spaces shall be maintained in a clean and orderly manner with all weeds and debris removed and no storage of boats, material or equipment on any portion of the parking spaces to be provided; and F. Signs identifying the off -site parking spaces for the use of patrons of the hostel shall be conspicuously displayed in the hostel and on the off -site lot as approved by the Planning Director. 11. Permittee may operate a shuttle bus service between the hostel and other similar facilities and shall operate a shuttle bus between the hostel and public transportation facilities such as the airport, bus station, and train station to promote use of the hostel by international travelers and reduce the need for parking. Permittee may offer and operate tours and excursions from the premises provided they are available only to lodgers and guests of Permittee. 12. Permittee may offer reduced weekly or bi-weekly rates. 13. Permittee shall obtain a Coastal Development Pemut from the Coastal Commission prior to the issuance of building permits. 14. The proposed development shall be in substantial conformance with the approved plot plan and floor plans. 15. The Planning Cora nission or City Council may add to, or modify conditions of approval to this Use Permit, and the Planning Commission may recommend revocation, and the City Council may revoke this Use Permit. Upon a determination that the operation of the hostel adversely impacts the health, safety, peace or welfare of the -community. 16. This approval shall expire within twenty four (24) months from the date of approval unless a building permit has been issued by the City of Newport Beach and substantial construction and reliance upon that permit has commenced prior to the expiration date. 17. This Use Permit shall be reviewed within six months after the Hostel opens. F:\..AJAY-G\UP\UP3527.DOC .�0- ., 0 M City Council Meeting June 27, 1994 Agenda Item No. CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department6 SUBJECT: Use Permit No. 3527 Request to establish an international backpackers inn on property located in the Specialty Retail area of the Cannery Village/McFadden Square Specific Plan. The proposal involves short term dormitory style accommodations for traveling backpackers. LOCATION: Lot 24 and a portion of Lot 25, Block 431, Lancaster's Addition, located at 430 32nd Street, on the southerly side of 32nd Street, between Newport Boulevard and Villa Way, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANTS: Andrew Grace and Philip Boston, Newport Beach OWNER: Kaisha Sansei Kenko Kabushiki, Newport Beach APPELLANTS: Same as applicants Application This is a request to establish an international backpackers inn on property located in the Specialty Retail area of the Cannery Village/McFadden Square Specific Plan. The proposal involves short term dormitory style accommodations for traveling backpackers. In accordance with Section 20.63.030 of the Municipal Code, this area allows such uses as hotels, motels and "bed and breakfasts", subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, sustain, modify, or override the decision of the Planning Commission. TO: City Council - 2 Planning Commission Recommendation At its meeting of May 19, 1994, the Planning Commission voted (5 Ayes, 2 Noes) -to recommend the denial of Use Permit No. 3527, with the Findings set forth in the attached excerpt of the Planning Commission minutes dated May 19, 1994. The applicants have subsequently appealed the decision of the Planning Commission to the City Council. Most of the Commissioners spoke in favor of the concept of an international backpacker's inn in the City of Newport Beach. However, a majority of the Commissioners voted against the project for the following reasons: Location The proposed facility is located in the same block as the Newport Club, and another high intensity use (50 beds in the backpacker's inn) on 32 Street would not be compatible with surrounding commercial and residential land uses. In addition, a majority of the property owners or adjoining residents from Cannery Village who spoke at the two Planning Commission meetings were not in favor of applicants' request for various reasons (see attached excerpts of the Planning Commission minutes of April 21, 1994 and May 19, 1994). Restricting Access to the Facili[v The Commission and adjoining property owners were concerned that local youths would stay at the facility where it would be inexpensive. A condition of approval was suggested that only foreign travelers be permitted to stay in the backpacker's inn. However, the City Attorney's Office indicated that the proposed business is similar to a hotel, which is subject to the Unruh Act. Therefore, the hostel could not restrict access only to persons carrying international student I.D.'s or a foreign passport (see report of the City Attorney's Office at the end of the attached Planning Commission staff report dated May 19, 1994). Offstreet Parking Spaces The Municipal Code does not specify a specific parking requirement for a use such as a youth hostel. However, Section 20.63.045 of the Municipal Code requires one parking space for each guest unit in conjunction with a hotel or motel. The petitioners of the proposed youth hostel have indicated that a shuttle service would be utilized to transfer boarders from youth hostels in other cities around southern California to the subject site, thereby decreasing the need for on -site parking. Staff was of the opinion that the parking requirement imposed by the City of Santa Barbara is appropriate to this type of use, based on the information provided in the attached excerpt of the Staff Report to the Planning Commission which cited an EIR parking demand calculation of one parking space for each 5 beds and one space for each employee. Such a requirement would generate a requirement of 10 parking spaces (50 beds) and one space for the live-in manager for a total of 11 off-street parking spaces. TO: City Council - 3 The subject property currently has 4 parking spaces clearly striped at the rear of the property. The existing width and depth are not consistent with the existing universal parking standards applicable to commercial parking space dimensions of 8 foot 6 inches x 17 feet deep. If the parking spaces were restriped to the universal parking standards and a handicap parking space were provided, only 3 parking spaces would be provided on -site and these spaces would still encroach into the required 10 foot alley setback. One of the parking spaces would also be reserved for the beauty salon. Since there would only be two on -site parking spaces available for the proposed use, an off - site parking agreement for the additional 9 parking spaces would be required under staffs recommendation in the past. The City'Council has generally required that parking provided on an off -site location be located within a minimum of 300 to 500 feet of the subject facility. The applicants have informed staff that they are negotiating with the property owner of property located at 424 32nd Street for nine off -site parking spaces. The site is located approximately 42 feet westerly of the proposed hostel facility. Three (3) of the parking spaces would be located in front of the former auto repair facility (now utilized for storage) across from City Hall. The other six off -site parking spaces would be located to the rear of the structure and to the rear of an existing fenced -off area adjacent to the alley. If the off - site parking agreement were approved, the areas would have to be paved, and the unsightly abandoned automobile and storage shed adjacent to the alley at the rear of the property would have to be removed. If it is the desire of the City Council to approve Use Permit No. 3527, the following additional Findings and Conditions of Approval are suggested: Findings: 1. The proposed off -site parking area is so located as to be useful in connection with the proposed youth hostel, inasmuch as the parcels are only 42 feet apart, and on the same side of 32nd Street. 2. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 3. That the subject off -site parking lot will be held under a long term lease of adequate duration to serve the proposed facility. Conditions: 1. That the subject off -site parking agreement shall be approved by the City Council guaranteeing that a minimum of nine off -site parking spaces shall be provided for the proposed backpacker's inn, on property located at 424 32nd Street, for the duration of said development. 2. That at least three off-street parking spaces shall be provided for the existing storage building located at 424 32nd Street. , 1, \ TO: City Council - 4 3. That that the subject off -site parking lotsshall be paved with asphalt, concrete or other street surfacing material of a permanent nature. The parking spaces shall be approved with approved traffic markers or painted white lines not less than 4 inches wide. 4. That the off -site parking lot plan shall be reviewed and approved by the City Traffic Engineer and the Planning Department prior to the issuance of building permits for the backpacker's inn. 5. That the off -site parking spaces shall be maintained in a clean and orderly manner. All weeds and debris shall be removed, and no storage of boats shall be permitted in said parking spaces. 6. The off -site parking areas and the backpacker's inn shall have signs to identify that the off -site parking spaces are for the exclusive use of the patrons of the facility. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director sy P , William R. Layco Current Planning Manager Attachments for City Council Only: Excerpt of Planning Commission Minutes dated May 19, 1994 Planning Commission Staff Report dated May 19, 1994 with attachments (including excerpt of Planning Commission Minutes dated April 21, 1994, related Planning Con-u-ressior: Staff Report dated, April 21, 1994, information of other youth hostels from the applicants, letters in favor and in opposition to the project, the floor plans, and a memo from the City Attorney's Office regarding the Unruh Act). COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Unu 10 1o04 INDEX ROLL CALL APPLICANT: Sharon Neben, San Diego ,l OWNER: Alice Rawlins Family Trust,, 06sta Mesa ,vr The public hearing was opened in connection with this item, and Ms. Sharon Neben, San Diego, app-li�ant, appeared before the Planning Commission on behalf of Alie property owner. There being no others desir• to appear and be beard, the public hearing was closed at th' time. Motion All Ayes * Motion was ma and voted on to recommend approval of Amendment'IV.803 to the City Council and to adopt Resolution No. 1354. *MOTION CARRIED. Use Permit No 3527 (Continued Public Hearing) Item No UP3527 Request to establish an international backpackers inn on property located in the Specialty Retail" area of the Cannery Village/McFadden Square Specific Plan Area. The proposal Denied involves short term dormitory style accommodations for traveling backpackers. LOCATION: Lot 24 and a portion of Lot 25, Block 431, Lancaster's Addition, located at 430 32nd Street, on the southerly side of 32nd Street, between Newport Boulevard and Villa Way, in the Cannery ViIIage/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Andrew Grace, Newport Beach OWNER: Kaisha Sansei KenKo Kabushiki, Newport Beach -25- .7 11 COMMISSIONERS 1 4 /tiI U p0 R19oG Mll� �fOc��y�O�tt�'P 'Od`O�O CITY OF NEWPORT BEACH May19, 1994 ROLL CALL INDEX Commissioner Edwards asked Robin Flory, Assistant City Attorney, if she contacted the City Attorney's Office in Santa Barbara regarding the Unruh Act whereby Ms. Flory replied that Santa Barbara did not consider the Unruh Act because the hostel' wanted to limit the length of stay to three days. Commissioner Glover stated, and Ms. Flory concurred, that the City would not be allowed to restrict the subject hostel to European students under the Unruh Act. Commissioner Pomeroy stated that the applicant personally indicated to him that the proposed hostel had an off -site parking agreement for additional parking spaces, whereas James Hewicker, Planning Director, stated that the applicant had not contacted staff indicating that they had an off -site parking agreement. In response to comments by Commissioner Edwards regarding the Unruh Act, Ms. Flory replied that it is feasible that the City could not be held accountable, only the applicant; however, she emphasized that it would be difficult for the City to enforce a condition that is illegal. Commissioner Edwards responded that nationality and citizenry are not necessarily one and the same. Ms. Flory indicated that based on the research that was done, the condition to restrict access only to foreign visitors would be in violation of the Unruh Act. Commissioner Ridgeway stated that the hostel is a business that is open to the public and thereby it would qualify under the Unruh Act. The continued public hearing was opened at this time, and Mr. Bob Dakota, 118 - 40th Street, appeared before the Planning Commission on behalf of the applicant. The applicant brought a 10 to 15 minute video tape to the Planning Commission meeting to demonstrate their proposal; however, the Planning Commission made a decision to restrict the public hearing to the concerns that the Commission submitted to the applicant during the April 21, 1994, Planning Commission meeting. -26- COMMISSIONERS �i'0 P7 MINUTES CITY OF NEWPORT BEACH Ma 19 1994 ROLL CALL INDEX Mr. Philip Boston, 118 - 40th Street, applicant, appeared before the Planning Commission. Mr. Dakota stated that the property owner located at 3020 Newport Boulevard at the corner of Newport Boulevard and 31st Street, indicated that the applicant would be allowed to rent six parking spaces if they rented the building which they would use for extra office space. The property owner would give them a year lease on the building. In response to a question posed by Commissioner Gifford, .Mr. Dakota replied that the Coastal Commission informed the applicant that the parking spaces would have to be within 500 feet of the subject facility, and the aforementioned six parking spaces are located within that distance. Mr. Hewicker expressed a concern regarding the building that is located at 3020 Newport Boulevard, and if the six parking spaces that are located on the site could be made available to the applicant. Commissioner Pomeroy suggested that a condition could be added stating that an off -site parking agreement that would be acceptable to the Planning Department must be in place before the project can go forward. Mr. Hewicker replied that the Planning Commission should be informed of where the parking is provided, if it is available and convenient to the people that are residing in the hostel, and that it would not be used for another purpose. Commissioner DiSano concurred that the public, in addition to the Commission, should be informed of where the off - site parking is located. Commissioner Edwards addressed the following suggested condition proposed by staff as stated in the staff report: That prior to issuance of building permits for the youth hostel facility, an off -site parking agreement shall be recommended by the Planning Commission and approved by the City Council, guaranteeing that minimum of 9 additional parking spaces shall be provided for the proposed facility in accordance with Section 2030.035 D of the Newport Beach Municipal Code. Commissioner Edwards stated -27- 11 COMMISSIONERS MIN �'id'°o �F'Ctor��d�Dfs ct'�y��o rtt�`�''Qo'Poso CITY OF NEWPORT BEACH Ma 19 1994 INDEX ROLL CALL that he does not see how the aforementioned condition differs from what the applicant is offering the City with the exception that the City is requesting 9 parking spaces as opposed to 6 parking spaces. Mr. Hewicker responded that the Planning Commission does not have sufficient information as to the location of the 6 parking spaces. Commissioner Glover stated that it is the tradition of the Planning Commission to approve an off -site parking agreement as a condition of a use permit. Mr. Hewicker stated that it is at the discretion of the Planning Commission if they want the Planning Department to approve the off -site parking agreement. Chairman Merrill concurred that the location of the parking should .be within the purview of the Planning Commission, and ultimately of the City Council. Mr. Boston addressed staffs suggested condition stating That 95% of the hostel visitors shall be limited to a maximum stay of 3 days wherein he indicated that it is a Youth Hostel of America regulation. Mr. Boston indicated that the applicant did not profess to be associated with the Youth Hostel of America Association, and that they did not intend to be associated with the Association inasmuch as the hostel system proved to be dysfunctional in Australia. He stated that the facility cannot abide by a maximum stay of 3 days. In response to questions posed by Commissioner Gifford, Mr. Dakota replied that the hostels located in Santa Barbara and Santa Monica are currently not in operation, and he indicated that he was surprised that they were used as examples. The hostels that they would use as examples are located in Miami, New York, San Francisco, and Colorado, all of which are independent Backpackers. He indicated that the aforementioned hostels do not have daytime curfews, and the hostels allow at least a two to three week stay; however, statistically, the majority of the people stay for three or four days. Mr. Laycock stated that staff was not aware that the Santa Barbara and Santa Monica hostels were not -28- s CITY OF NEWPORT BEACH MINUTES Ma 19 1994 ROLL CALL INDEX operational inasmuch as staff verbally contacted the Planning Departments in both cities. Mr. Hewicker stated that staff is aware that the Santa Barbara hostel that is associated with a resort has not been built. Mr. Dakota stated that the Santa Monica hostel is currently under construction. Mr. Dakota stated that when -they contacted the American Association of International Hostels headquarters the applicants were informed that the minimum stay is 12 days; 'however, several facilities located in Dallas, New York, Washington D.C., and Boulder, Colorado allow a maximum stay of 28 days. Mr. Boston stated that the aforementioned hostels do not have parking requirements. Commissioner Ridgeway pointed out that the Santa Monica hostel has access to a parking structure that is associated with a hotel. In response to a question posed by Commissioner Ridgeway, Mr. Dakota replied that the subject hostel would need a stay of 14 to 21 days to make the facility functional. In response to questions posed by Chairman Merrill and Commissioner Edwards, Mr. Boston replied that inasmuch as the visitors are on tour, they would want to have a safe place to put their personal belongings, and that they would want access to their personal items during the day. In response to a question posed by Commissioner Ridgeway, Mr. Dakota replied that the subject hostel would be associated with the American Association of International Hostels dba Rucksackers North America. Rucksackers is connected with an Association that was started in Australia and New Zealand, and they are in the process of moving to Europe after North America. Attached to the staff report is a letter from the headquarters in New York City indicating that the Newport International Backpackers Inn would have a provisional membership with the Association upon the approval by the City of Newport Beach. -29- COMMISSIONERS O / 0 MINA 4� CITY OF NEWPORT BEACH May19 1994 ROLL CALL INDEX Mr. Andrew Grace, 118 - 40th Street, applicant, appeared before the Planning Commission. Mr. Grace addressed the feasibility of the City permitting in -lieu parking, the availability of parking spaces in the immediate vicinity, and the City's Municipal Parking Lot located on 31st Street. He stated that the local property owners were contacted regarding the availability of parking spaces, and that the hostel would need a three to five year parking lease. He commented that the hostel needs the help of the City to solve the parking issue. In response to a question posed by Commissioner Edwards, Mr. Grace replied that they would comply with the condition that the applicant would be held responsible for trying to restrict access to International visitors. Mr. Grace further stated that the hostel would reserve the right to refuse entry. He commented that the hostel would have no problem with an American requesting entry to the hostel if they are travelling as a Backpacker. Mr. Guy Miner, 365 Via Lido Soud, and property owner of buildings located on Villa Way, 31st Street and 32nd Street, adjacent to the subject property, emphasized that the applicant did not contact him requesting parking spaces. The property that he owns provides enough parking for his tenants; however, he opined that the hostel would make the parking worse in the area. In response to a question posed by Commissioner Ridgeway, Mr. Miner stated that he is opposed to the subject facility on the basis of the lack of parking in the area, and he pointed out that the Newport Club requires a considerable amount of parking for their membership. Mr. Dakota reappeared before the Planning Commission wherein he emphasized that there is available parking in the City's Municipal Parking Lot on 31st Street, and there are also metered parking spaces available in the area. The Planning Commission discussed the issue of the video that the applicant brought to the proceedings. Mr. Dakota stated that the primary purpose of the video was to indicate to the Planning -30- /D GOMMISSI ONERS N MINUTES CITY OF NEWPORT BEACH iway Y, lYY4 ROLL CALL INDEX Commission that there was ample parking in the area for the hostel visitors. Commissioner DiSano suggested that the applicant consider what parking would be available during the summer months and holiday weekends as opposed to when the applicants videotaped the parking spaces during the recent off-peak weeks. Mr. Hewicker stated that staff suggested the required number of parking spaces based on a study of other jurisdictions where there are existing legal nonconforming youth hostels with no parking, or youth hostels that are under construction where there is required parking. He pointed out that the Planning Commission has the ability to change the parking requirement of the subject hostel. Ms. Maxine Cohen, 118 - 33rd Street, appeared before the Planning Commission. She stated that the requested length of stay of 14 to 21 days would be excessive based on her experiences with the rented houses that are located in her neighborhood. In response to comments by Commissioner Ridgeway, Mr. Grace reappeared before the Planning Commission. Mr. Grace determined that it would benefit the City if the visitors would come to the area without automobiles, and that is what the hostel is attempting to achieve. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner DiSano complimented the applicants on their abilities, and he said that there is a purpose and necessity for a hostel in the City. The subject location is not the appropriate place for the hostel based on the fact that a portion of the people that would come to the hostel in the City would have a vehicle, and therefore, parking is an issue. The subject location is too "tight" for a hostel, and he suggested that the applicants consider the Fun Zone area, or a building that would be able to provide some parking. Commissioner DiSano opined that the applicant should be able to ask a potential visitor if he/she is a foreigner or an individual that would be using the hostel for the purpose of -31- ,' COMMISSIONERS G MIN 4�0 CITY OF NEWPORT BEACH may t9, 1994 ROLL CALL INDEX allowing a foreigner an inexpensive stay in the United States; however, based on the City Attorney's Office study that would not be possible. Commissioner Ridgeway stated that there would be a need for additional parking for the hostel inasmuch as the 2 parking.spaces on -site would be used by the employees. He addressed the lack of parking in the area during the summer months and during peak holidays. Commissioner Ridgeway supported the idea of a hostel in Newport Beach, and he recommended that the applicants seek a location that would provide parking. The subject building may be too dense for the number of people that would be using the facility. He did not discourage the applicants from continuing to look in the Cannery Village area. Commissioner Pomeroy stated that the proper amount of parking is probably somewhere between what the applicant believes is needed and what staff requested. He questioned if the visitors would come to the facility in automobiles, and,he stated that a compromise could be made in the length of stay in the hostel. He determined that what the local residents seem to have perceived what the youth hostel was going to become appears to be the real issue. The issue is not whether the parking would be available, but that the neighbors believe the persons staying in the youth hostel are not what the applicants have portrayed. Commissioner Pomeroy supports a youth hostel in the City; however, he recommended that before the applicants come back to the Planning Commission with another application for a youth hostel, that the applicants contact the local residents so they are informed that the hostel would not be a hangout for'beach bums' w:,awant a room, and he determined that the applicants did not successfully accomplish that idea. Commissioner Glover pointed out that the applicants did not bring the aforementioned six parking spaces back to staff after they located the parking on Newport Boulevard for staffs review prior to the Planning Commission meeting. She opined that the applicants' positions regarding the length of stay and availability -32- ' COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL of the sleeping rooms were not consistent with the applicants' testimony requesting a youth hostel during the April 21, 1994 Planning Commission meeting. Commissioner Gifford suggested that the Planning Commission indicate to the applicants what the Commission would consider an appropriate length of stay and the Commission's opinion regarding the availability of the rooms during the day. Mr. Boston reappeared before the Planning Commission, and he indicated to the Commission that if the City wanted to work with them that they would work with the City. Commissioner Ridgeway stated that he would have no problem with a 14 to 28 day stay in a hostel assuming the information in the staff report is correct, or if the hostel would be open during the day. He concurred with Commissioner Pomeroy that it is a difficult issue because of public opinion. Commissioner DiSano stated that he would have no problem with a 14 to 21 day stay in a hostel or if the hostel would be open during the day. He expressed his concern regarding credentials and if the credentials cannot be demanded, then he would have a difficult time approving a hostel. Commissioner Pomeroy stated that he would not have a problem with a 14 to 21 day stay or if the hostel would be open during the day; however, he addressed the conditions of the Unruh Act. Commissioner Ridgeway stated that the Unruh Act exists for a reason, and he would have no problem with the issue if the hostel would request a picture identification and a residence. Commissioner Edwards referred to a proposed condition in the staff report stating That the hostlers shall be required to provide or possess a photo identification card and proof of permanent residence upon registration to the facility, and he stated that the foregoing condition could be restructured to Commissioner Ridgeway's comments. -33- INDEX r COMMISSIONERS 9�0 Ltr�� �o dos o 4l CITY OF NEWPORT BEACH Ma 19 1994 ROLL CALL I INDEX lotion * Motion was made and voted on to deny Use Permit No. 3527 eyes * * * * * subject to the findings in Exhibit'B". MOTION CARRIED. foes Findings: 1. That the proposed Youth Hostel Facility is not compatible with surrounding commercial and residential land uses. 2. That the proposed facility will change the character of the parking requirements for the existing building and will increase parking demand which cannot be accommodated by existing on -site parking spaces. 3. That the proximity of residential uses located in the vicinity of the proposed facility will be adversely impacted by noise associated with the proposed facility. 4. The approval of Use Permit No. 3257 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. s s s ?� raffic Stuff No 93(Continued Public Hearing) Item No.8 Request to rove a traffic study for a proposed McDonald's take-out restaufia t facility,, and the acceptance of an TS93 environmental docutme UP3516 Continued to 6-9-94 B. Use Permit No. 3516 Continued Public rin Request to establish a McDonald's take-out and driv�Se restaurant facility on property located in the "Retail an -34- gme i Nnr 3d INTERNATIONAL BACKPACKERS INN, INC. 118.40th STREET NEWPORT BEACH CA 92663. Tel: 714 646-7422 Fax: 714 722-0471 CITY ofNEWPORT BEACH 3300 Newport Blvd Newport Beach CA 92659 May 15, 1995 Dear Sirs, Ref: Conditions of Approval. Plan Check# 592-95. On behalf of International Backpackers Inn, Inc., I'm happy to confirm to you the following stipulations. This letter will be our assurance that the International Backpackers Inn, situated at 430. 32nd Street, Newport Beach, California 92663, will comply with the conditions listed in the conditional use permit issued by the City ofNewport Beach, for the operation of the building as a "Youth Hostel". 4, Provision for Identifications. International Backpackers Inn, Inc., agree to those terms. —2. Live-in manager. There will be a live in Manager at the premises. !i3. State and Local Laws. All Federal, State and Local Laws will be respected and upheld by the Corporation and the Hostel Staff. The Manager will supervise customers ensuring their compliance. ,4' Taxes and Fees. All Taxes and Fees payable will be charged and Paid as per the Law. Doors-31st Street. All Doors leading onto 31st street will be secured and closed as per the conditions laid out in the Use Permit. Doors from 31st street will not be used as main access. National Affiliation. International Backpackers Inn, will be Affiliated to International Ruckaackers, aNational Association. /7. Shuttle Bus/Tours- A.Shuttle Bus will be provided for shuttling customers tp and from Local Train and Bus Facilities and Airports. This service will be available to shuttle customers to Tours and Activities. g, Rates. The nightly rate will be $15.00 per night from 1 to 7 nights. More than 7 nights will be $12.00 per night. Yours amce sly StevenAWood International Backpackers Inn, Inc. June 2, 1995 TO: GENIA GARCIA PLANNING DEPARTMENT FROM: TRAFFIC ENGINEER SUBJECT: FAIR SHARE FEE FOR YOUTH HOSTEL 430 32nd Street The Fair Share Fee for this project is $1,695.96. A 40 bed youth hostel with a live-in manager is proposed to provide low cost temporary accomodations to tourists and travelers. As the Newport Beach traffic model or other current industry standards do not have information for this type of use, the total average daily trips were estimated based on a similar facility operating in Santa Barbara. The applicant provided documentation that 3 to 4 vehicles, on the average, arrive daily at the hostel. The fee was calculated on the current rate of $121.14/per trip generated: Assuming 4 incoming trips and 4 outbound trips, the ADT would be 8 trips associated with travelers, shuttle trips, miscellaneous deliveries, etc. 2. For the trips associated with the live-in manager, 6 trips per day were assumed based on an apartment rate of 6.5 trips per day. 2. $121.14/trip x 14 trips = $1,695.96. Please let me know if you have any questions about the fee. Richard M. Edmonston Traffic Engineer F:\HOME\Divan\fairshar\ythhostl 6.2.95 FROM : Office Of SteveLbod_Califomia PHONE NO. : 7147220471 May. 15 1995 01:36PM P01 INTERNATIONAL BACKPACKERS INN, INC. 118. 40th MEET NEWPORT BEACH CA 92662. Us 714 646-7422 Fax: 714 722.0471 City of Newport Bowh 3300 Newport Blvd, Nanort Bosch CA 92659 Attention:- Janet L Divan, Dear Janet, May 15,1999 Rofe Tair Share" Fee. As we discussed the other day did some research regarding the number of tines vehicles would visit the Youth Hertel on it daily bases. Obviously, the numbers given are subject to change do to season and time ofysar, but compering to other Ha tele with a very similar clientele as we would have I hel I can give the City athlr and precise answer. You may Ifyou wish confirm my findinge with the saws and aumbm below. The nearest Hostel to no that could be tbirly compered is SentaBarhkM the City have Ore* spoken to the owner of that Hostel, a Mr Brad Smith, so I would therefore say Sant Bwtam would be an Neat compasim including Airport Shuttle, Hire Cars and other visits on a daily bases they have on average 3 to 4 Vehicles arrive at the building per day. As we would find about 99% of leftorr arrive by foot or Public Transport including our Shuttle Sus. I hope this answers your question. You may call Mr Went Smith on Santa$erbam (direct Ifni)1.80S 966M. Yours 113itbtblly .:jp� Move Wood FAIR SHARE FEE MEMO DATE: 6�3 TO: Rich Edmonston, Traffic Engineer FROM: Genia Garcia, Associate Planner Please provide a Fair Share Fee for located at A Traffic Study No. Other approvals: provea on �a This project Zis _ is not in plan check. Other comments: Y"C.: -/-� 11�;? %l— %J I i INTERNATIONAL BACKPACKERS INN, INC. 118.40th STREET NEWPORT BEACH CA 92663. Teh 714 646-7422 Fax: 714 722-0471 James E. Wilkoski 3419 Via Lido, Suite 120 Newport Beach CA92663. Attention Mr James E. Wilkoski. Attorney of Laws. Dear Sir, Ref'. Parking agreement with your Client Mr W. J. Paden. June 08, 1995 Further to our meeting with you today, I would like to make the following points in order to expedite the Parking agreement between International Backpackers Inn, Inc., and Mr William J. Paden who you represent. Our position is that we will honor an agreement that is acceptable to International Backpackers Inn, Inc., (the Corporation), and the Newport Beach City Council requirements (The City) for "Off -Site" Parking. Having recently submitted aproposed contract to the City for their approval there were several conditions that were not acceptable to the City or were not included. As you have a copy of their requirements and in order to take this agreement forward we require from you a letter pointing out the points that you are not satisfied with, why and please give us an indication of what compromise you will accept to finally have a contract all parties involved can be happy with. My main concerns are that we must satisfy the City requirements first, the Corporation will not be able to operate without the agreed parking as per the terms of the City and we (the Corporation) stand to lose between S600'to S1000 dollars U.S., per day unless the parking contract is finally solved and signed. Page 1 of 2 Page 2 of 2 In order to satisfy the City I would ask you to please make your points clearly to me in writing so that I can meet with the City and find a solution to the disagreements you have with the Cities requirements in the parking agreement I thank you in anticipation Yours faithfully Steven Wood Vice President, International Backpackers Inn, Inc. cc, The City Aeaiatantktomey, Robin Clauson The City Planning Department. GenaGarcia, The property owner, Mr William J, Paden, CITY OF NEi9PORT BEACH COUNCIL MEMBERS MINUTES INK 1 �\ June 27, 1994 INDEX 45. Mayor Turner opened the public hearing U/P 3527 on APPEAL from decision of Planning Backpacket Commission regarding USE PEBlIIT NO. 3527 Inn/Youth - Request to establish an International Hostel Backpackers Inn on property located in the Specialty Retail area of the Cannery (88) Village//MNcFadden Square Specific Plan at 430 32nd Street, between Newport Boulevard and Villa Vay. Report from Planning Department. Appeal application from Philip Boston of Backpackers Inn. The City Clerk advised that after the printing of the agenda, 13 letters and a number of petitions were received in opposition to the proposal. The Planning Director summarized the staff report noting that the proposal involves short term dormitory style accommodations for traveling backpackers at the subject location. In accordance with Section 20.63.030 0£ the Municipal Code, this area allows, such uses as hotels, motels, and "bed and breakfasts," subject to the approval of a use permit in each case. The Planning Commission on May 19, 1994 voted (5 to 2) to recommend denial of this application primarily because of location, restricted access to the facility, and lack of off-street parking spaces as set forth in the staff report. If it is the desire of the City Council to approve this use permit, additional findings and conditions of approval are suggested as enumerated in the report. Bob Dakota, 118 40th Street, representing the youth hostel project, addressed the Council in support of their request, and noted the following: 1) they chose the subject location because of the current zoning of the area which permits their type of use; 2) pursuant to the Unruh Act, they require a passport or an international student ID, and do not discriminate against Americans; and 3) they have secured an off -site parking agreement to provide the required parking at 424-422 32nd Street, and submitted a letter of intent from the property owner. He requested that the City Council approve their request based on fact that they have conformed to the McFadden/Cannery Village Specific Area Plan, and have complied with the Planning Commission's concern to provide adequate parking. In response to Council inquiry, Mr.ko Data stated that youth hostels are not restricted to a specific age group, but generally those who patronize this type of facility are in the 20/35 age group; if required by the City, they could compromise and reduce the number of beds from 50 to 40; they are not going to restrict access to the youth hostel to Volume 48 - Pago 210 CITY OF NEWPORT BEACH • COUNCIL MEMBERS R01 L C '� iwO�9\ Jima 27, 1994 MINUTES TNr FY just foreign passports as thought by Backpacker some people; they currently have five Inn restrooms, but are willing to expand that number if required, and they have six individual showers. Roy Jackson, 510 31st Street, addressed the Council and stated he was spokesperson for a group of 65 property owners on 31st and 32nd Streets in opposition to the proposed youth hostel, and referenced the 14-page petition submitted earlier today. He displayed maps depicting the proximity of the proposed youth hostel to business owners and residential occupants, existing service facilities and bars. He stated they question the practicality of converting the subject office building into a viable facility; felt that their neighborhood is already a high -density, saturated area; if the youth hostel is approved it would only add "vigorous activity," and more traffic and noise. He stated they felt a more appropriate location should be sought, and urged denial of the appeal. Sid Soffer, 900 Arbor Street, Coats Mesa, addressed the Council and stated he did not consider 50 patrons high - density, and questioned whether all 50 beds would be filled at the same time. _ He pointed out that residents who live in the Cannery Village area are aware it is mixed use, and that too many proposals are turned down by the City because of neighborhood opposition. He suggested the City Council give the youth hostel a chance to prove its operation, review the use permit in six months, and if any of the conditions of approval have been violated, then begin revocation proceedings. Douglas Boyd, 2101 E. Balboa Boulevard, Associate Real Estate Broker with Joan Correll at Balboa -No ort Realty, addressed the Council and stated their office is immediately adjacent to the. west of the proposed youth hostel, and one of their concerns is the availability of parking not only for their agents, but clients as well, especially on busy summer weekends. Therefore, he suggested the City scrutinize the off-street pparking agreement mentioned earlier by Mr. Dakota. He also stated that the property owner who will be entering into that parking agreement has not demonstrated in the recent past an acceptable level of maintenance of that property, which they feel is a critical issue. Volume 48 - Page 211 IF CITY OF NEWPORT BEACH • COUNCIL MEMBERS MINUTES 4 Doll CE>\\�� June 27, 1994 INDEX The following persons addressed the Backpacker Council in Deposition to the proposed Inn youth hostel: Bud Raveley, 214 36th Street Dan Hilton, 425 31st Street Guy Minor, 365 Via Lido Send Charles Russell, owner of Barber Shop on 32nd Street Pat Hilton, 425 31st Street It was indicated by the above speakers that the proposed youth hostel is not an appropriate use for the area; it would have a significant impact on parking in the area, as well as noise and litter; the request should be denied based on the fact 'that it would be detrimental to the health, safety and pesos of the community; there will not be sufficient restroom and shower facilities in ratio to the number of beds, and that this matter be studied further prior to any Council action. Mitsto Kimura, 104-105 Santa Marge Street, Cypress, representing the property owner of where the proposed youth hostel would be located, spoke in support of the project. He stated he has been managing the property for almost 2 years, and that the building has been vacant most of that time; they are willing to work with the applicants to renovate the structure which should improve the area, and generate revenue for the City. The following persons addressed the Council in support of the youth hostel: John Newcomb, 1821 R. Bay, owner of property, 32nd St./Villa Ray Scott Sanden (no address given) Karen Pieumest, Backpacker from Europa Jonella Tesone, owner of Second Time Around on 32nd Street Mary Ann Jacobson, Backpacker from Europe It was indicated by the above speakers that the proposed youth hostel would be good for Cannery Village as well as for the City; it would expose travellers to Newport Beach and bring "life" to the community as well as revenue. Andrew Grace, Applicant, 118 40th Street, addressed the Council in support of their request. He stated he has not seen the petition in opposition, however, their petition in support exceeds 80 signatures from business owners primarily in Cannery Village; the hostel will be good for the economy; that' have resolved the parking issue by finding off-street parking, however, they do not think they will need that much parking, as many of their patrons will be shuttled to their facility; they will be providing sufficient restrooms and showers on each level, including a handicapped restroom, and no alcoholic beverages will be allowed. Volume 48 - Page 212 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES .. 10MV June 27. 1994 INDEX KVLI bnl,. Hearing no others wishing to address the Backpacker. Council, the public hearing was closed. Inn Council Member Watt stated there have been a number of improvements in Cannery Village recently which is a mixed use area. However, she felt the proposed youth hostel would be "too much" for the subject area, due to the large number of conditions that will have to be imposed. and therefore, she stated she will be voting against the project. Council Member Cox stated there will never be the perfect location for a youth hostel; however, the applicants are attempting to do 'something very "positive" in and for the City. He does not agree with the negative views as seen by some of the residents, and inasmuch as it will help not only the youth but the economy, he will support the project. Motion x Mayor Turner also spoke in support of the youth hostel stating be felt the City should give it a try, and therefore, moved to reverse the decision of the Planning Commission and grant Use Permit No. 3527, based on the Findings and Conditions on Page 21 and 22 of the staff report, with the provision that Condition No. 5 be amended to reduce the number of beds from 50 to 40; that the applicant comply with all the provisions of the Unruh Act; that a new Condition be required for a six month review of the operation by the City to make sure all Conditions of Approval have been met; and that the additional Findings and Conditions of Approval on Page 3 and 4 of the staff report regarding parking be approved. Council Member Hart stated she also will be supporting the youth hostel as she Cannery felt t could work very well in Village and inasmuch as the City will be revisiting it in six months. Council Member Debay noted for the benefit of those in attendance that no amplified sound will be allowed in the hostel; that lights go out at 10:30 p.m, in the sleeping areas, and that the lounge where the television will be located has no windows. She advised that she spent s great deal of time with Mr., Dakota, walked the property and discussed possible drawbacks, and found Mr. Dakota to be the type of person who would live up to what is being promised to the City by the applicants, and therefore, she will vote in support of the hostel. The City Attorney recommended the motion be amended to include a condition whereby the operation of the hostel would be conducted in strict compliance with the proposed rules and regulations set forth on Pages 81 through 84 and Page 86 of the staff report. And Volume 48 - Page 213 CITY OF NUPORT BEACH COUNCIL MEMBERS MINUTES 11019VOVOo� �9\ June 27, 1994 INDEX further, he recommended an additional Backpacker condition requiring applicants to comply Inn with all ordinances and resolutions of the City, and any violations of those documents would be grounds for revocation. Ayes x x x x Mayor Turner indicated he had no Noes x objections to including the above in his x motion, and there being no further discussion, the motion, as amended, "a voted on and carried. 46. Mayor Turner opened the public hearing Ord 94-28 regarding proposed ORDINANCE MO. 94-28. Mariners M being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MARINERS MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY (MARINERS MILE SPECIFIC AREA PLAN) SO AS TO ALLOW THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE OFF-STREET PAREING REQUIREMENTS IF CERTAIN CRITERIA ARE MET. Recycled report dated June 8, 1994 from City Attorney. The City Attorney indicated his staff report was self-explanatory and he had nothing new to add. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member All Ayes Sansone to adopt Ordinance No. 94-28. 47. Mayor Turner opened the public hearing Ord 94-29 regarding proposed ORDINANCE NO. 94-29, Zoning being, -(94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO E102CMLTE THE MANDATORY PLANNING COMMISSION REVIEW OF FINAL TRACT MAPS; EIMEXHATE THE MANDATORY CITY COUNCIL REVIEW OF TENTATIVE TRACT MAPS; AND TO ALLOW THE MODIFICATIONS CORIETTEE TO REVIEW AND APPROVE TENTATIVE PARCEL MAPS (PLANNING COMMISSION PCA 794 AMENDMENT NO. 794). Report from Planning Department. The Planning Director noted that the proposed Ordinance is being recommended for adoption by the Planning Commission and Economic Development Committee. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Cox to All Ayes adopt Ordinance We. 94-29. Volume 48 - Page 214 L CITY OF NETORT BEACH COUNCIL MEMBERS 1\0 V�O�\\ Jane 27, 1994 INDEX 48. Mayor Turner opened the public hearing Ord 94-30 regarding proposed ORDINANCE NO. 94-30, Zoning being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF DISTRICTIHO MAPS NO. 22 AND 25 SO AS TO RECLASSIFY PROPERTY FROM THE R-3 (2178) DISTRICT TO THE APF DISTRICT (PLANING COMMISSION PCA 803 AMENDMENT NO. 803). Report from the Planning Department. The Planning Director advised that the proposed amendment involves reclassifying two propperties on Medical Lana from the R-3(2178) District to the APF District which was unanimously approved by the Planning Commission on May 19, 1994. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Notion was made by Mayor Turner to adopt All Ayes ordinance No. 94-30. 49. Mayor Turner opened the public hearing Ord 94-31 regarding proposed ORDINANCE NO. 94-31, Water Rata being, (89) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING VARIOUS CHAPTERS OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE SETTING THE BASIC WATER QUANTITY RATE AT $1.82 PER HUNDRED CUBIC FEET AND MODIFYING THE WATER RATES FOR 3/4-INCH, 1-INCH AND 2- INCH WATER SERVICES. Report from Utilities Department. The City Clerk advised that after the agenda was printed, a letter was received from Ed Van del Bossehe, 121 40th Street, in opposition to the proposed rate increase. It was noted in the staff report that the cost of providing water will increase due to the following factors: 1. A 7% increase in the 9e paid for water. On July 1, 194 MWD will increase the price from $385 per acre-foot to $412 per acre foot. This will increase 1994-95 costs in excess of $460,000. 2. A significant increase in the cost of disinfection chemicals related to the imposition of new stringent transportation and safety standards. Volumo 48 - Page 215 FAIR SHARE FEE MEMO DATE: 6n-3 TO: Rich Edmonston, Traffic Engineer FROM: Genia Garcia, Associate Planner Please provide a Fair Share Fee for ' located at 3d J I A Traffic Study No. Other approvals: This project is -approveo on is not in plan check. Other comments: I-L.�, f7 '7t;2(-- /�J City Council Meeting June 27, 1994 Agenda Item No. CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Department6ok SUBJECT: Use Permit No, 3527 Request to establish an international backpackers inn on property located in the Specialty Retail area of the Cannery Village/McFadden Square Specific Plan. The proposal involves short term dormitory style accommodations for traveling backpackers. LOCATION: Lot 24 and a portion of Lot 25, Block 431, Lancaster's Addition, located at 430 32nd Street, on the southerly side of 32nd Street, between Newport Boulevard and Villa Way, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANTS: Andrew Grace and Philip Boston, Newport Beach OWNER: Kaisha Sansei Kenko Kabushiki, Newport Beach APPELLANTS: Same as applicants Application This is a request to establish an international backpackers inn on property located in the Specialty Retail area of the Cannery Village/McFadden Square Specific Plan. The proposal involves short term dormitory style accommodations for traveling backpackers. In accordance with Section 20.63.030 of the Municipal Code, this area allows such uses as hotels, motels and "bed and breakfasts", subject to the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Suggested Action Hold hearing; close hearing; if desired, sustain, modify, or override the decision of the Planning Commission. I� TO: City Council - 2 Plannin2 Commission Recommendation At its meeting of May 19, 1994, the Planning Commission voted (5 Ayes, 2 Noes) to recommend the denial of Use Permit No. 3527, with the Findings set forth in the attached excerpt of the Planning Commission minutes dated May 19, 1994. The applicants have subsequently appealed the decision of the Planning Commission to the City Council. Most of the Commissioners spoke in favor of the concept of an international backpacker's inn in the City of Newport Beach. However, a majority of the Commissioners voted against the project for the following reasons: Location The proposed facility is located in the same block as the Newport Club, and another high intensity use (50 beds in the backpacker's inn) on 32 Street would not be compatible with surrounding commercial and residential land uses. In addition, a majority of the property owners or adjoining residents from Cannery Village who spoke at the two Planning Commission meetings were not in favor of applicants' request for various reasons (see attached excerpts of the Planning Commission minutes of April 21, 1994 and May 19, 1994). Restricting Access to the Facility The Commission and adjoining property owners were concerned that.local youths would stay at the facility where it would be inexpensive. A condition of approval was suggested that only foreign travelers be permitted to stay in the backpacker's inn. However, the City Attorney's Office indicated that the proposed business is similar to a hotel, which is subject to the Unruh Act. Therefore, the hostel could not restrict access only to persons carrying international student I.D.'s or a foreign passport (see report of the City Attorney.'s Office at the end of the attached Planning Commission staff report dated May 19, 1994). Offstreet Parking Spaces The Municipal Code does not specify a specific parking requirement for a use such as a youth hostel. However, Section 20.63.045 of the Municipal Code requires one parking space for each guest unit in conjunction with a hotel or motel. The petitioners of the proposed youth hostel have indicated that a shuttle service would be utilized -to transfer boarders from youth hostels in other cities around southern California to the subject site, thereby decreasing the need for on -site parking. Staff was of the opinion that the parking requirement imposed by -the City of Santa Barbara is appropriate to this type of use, based on the information provided in the attached excerpt of the Staff Report to the Planning Commission which cited an EIR parking demand calculation of one parking space for each 5 beds anj one space for each employee. Sych a requirement would generate a requirement of parking spaces f50-bo) and one space for the live-in manager for a total of 11 off-street parking spaces. 7U r?due-ioD -�Z 4 ? 1 rJ rev. U7 ?ro j l TO: City Council - 3 The subject property currently has 4 parking spaces clearly striped at the rear of the property. The existing width and depth are not consistent with the existing universal parking standards applicable to commercial parking space dimensions of 8 foot 6 inches x 17 feet deep. If the parking spaces were restriped to the universal parking standards and a handicap parking space were provided, only 3 parking spaces would be provided on -site and these spaces would still encroach into the required 10 foot alley setback. One of the parking spaces would also be reserved for the beauty salon. Since there would only be two on -site parking spaces available for the proposed use, an off - site parking agreement for the additional 9 parking spaces would be required under staffs recommendation in the past. The City Council has generally required that parking provided on an off -site location be located within a minimum of 300 to 500 feet of the subject facility. The applicants have informed staff that they are negotiating with the property owner of property located at 424 32nd Street for nine off -site parking spaces. The site is located approximately 42 feet westerly of the proposed hostel facility. Three (3) of the parking spaces would be located in front of the former auto repair facility (now utilized for storage) across from City Hall. The other six off -site parking spaces would be located to the rear of the structure and to the rear of an existing fenced -off area adjacent to the alley. If the off - site parking agreement were approved, the areas would have to be paved, and the unsightly abandoned automobile and storage shed adjacent to the alley at the rear of the property would have to be removed. If it is the desire of the City Council to approve Use Permit No. 3527, the following additional Findings and Conditions of Approval are suggested: Findin s: 1. The proposed off -site parking area is so located as to be useful in connection with the proposed youth hostel, inasmuch as the parcels are only 42 feet apart, and on the same side of 32nd Street. 2. That parking on said off -site lot will not create undue traffic hazards in the surrounding area. 3. That the subject off -site parking lot will be held under a long term lease of adequate duration to serve the proposed facility. Conditions: 1. That the subject off -site parking agreement shall be approved by the City Council guaranteeing that a minimum of nine off -site parking spaces shall be provided for the proposed backpacker's inn, on property located at 424 32nd Street, for the duration of said development. 2. That at least three off-street parking spaces shall be provided for the existing storage building located at 424 32nd Street. TO: City Council - 4 3. That that the subject off -site parking lotsshall be paved with asphalt, concrete or other street surfacing material of a permanent nature. The parking spaces shall be approved with approved traffic markers or painted white lines not less than 4 inches wide. 4. That the off -site parking lot plan shall be reviewed and approved by the City Traffic Engineer and the Planning Department prior to the issuance of building permits for the backpacker's inn. 5. That the off -site parking spaces shall be maintained in a clean and orderly manner. All weeds and debris shall be removed, and no storage of boats shall be permitted in said parking spaces. 6. The off -site parking areas and the backpacker's inn shall have signs to identify that the off -site parking spaces are for the exclusive use of the patrons of the facility. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By -L P William R. LaycocJZ Current Planning Manager Attachments for City Council Only: Excerpt of Planning Commission Minutes dated May 19, 1994 Planning Commission Staff Report dated May 19, 1994 with attachments (including excerpt of Planning Commission Minutes dated April 21, 1994, related Planning Commission Staff Report dated April 21, 1994, information of other youth hostels from the applicants, letters in favor and in opposition to the project, the floor plans, and a memo from the City Attorney's Office regarding the Unruh Act). OOMMISSIONERS 'Qr O '� of f� d di Oo� ���o� CITY OF NEWPORT BEACH MINUTES may lY, lYYq ROLL CALL INDEX APPLICANT: Sharon Neben, San Diego t Mesa OWNER: Alice Rawlins Family Trust, eo The public hearing was opened in connectio6'with this item, and Ms. Sharon Neben, San Diego, appli A!, appeared before the Planning Commission on behalf of �kfe property owner. There being no ot/desir' to appear and be heard, the public hearing was closee. lotion * Motion was maed on to recommend approval of L11 Ayes Amendmen2803 to the City Council and to adopt Resolution No. 1354. sMOTION CARRIED. Use Permit No 3527 (Continued Public Hearing) " Item No. UP3527 Request to establish an international backpackers inn on property located in the "Specialty Retail' area of the Cannery Village/McFadden Square Specific Plan Area. The proposal Denied involves short term dormitory style accommodations for traveling backpackers. LOCATION: Lot 24 and a portion of Lot 25, Block 431, Lancaster's Addition, located at 430 32nd Street, on the southerly side of 32nd Street, between Newport Boulevard and Villa Way, in the Cannery Village/McFadden Square Specific Plan Area. ZONE: SP-6 APPLICANT: Andrew Grace, Newport Beach OWNER: Kaisha Sansei KenKo Kabusbiki, Newport Beach -25- COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH Commissioner Edwards asked Robin Flory, Assistant City Attorney, if she contacted the City Attorney's Office in Santa Barbara regarding the Unruh Act whereby Ms. Flory replied that Santa Barbara did not consider the Unruh Act because the hostel' wanted to limit the length of stay to three days. Commissioner Glover stated, and Ms. Flory concurred, that the City would not be allowed to restrict the subject hostel to European students under the Unruh Act. Commissioner Pomeroy stated that the applicant personally indicated to him that the proposed hostel had an off -site parking agreement for additional parking spaces, whereas James Hewicker, Planning Director, stated that the applicant had not contacted staff indicating that they had an off -site parking agreement. In response to comments by Commissioner Edwards regarding the Unruh Act, Ms. Flory replied that it is feasible that the City could not be held accountable, only the applicant; however, she emphasized that it would be difficult for the City to enforce a condition that is illegal. Commissioner Edwards responded that nationality and citizenry' are not necessarily one and the same. Ms. Flory indicated that based on the research that was done, the condition to restrict access only to foreign visitors would be in violation of the Unruh Act. Commissioner Ridgeway stated that the hostel is a business that is open to the public and thereby it would qualify under the Unruh Act. The continued public hearing was opened at this time, and Mr. Bob Dakota, 118 - 40th Street, appeared before the Planning Commission on behalf of the applicant. The applicant brought a 10 to 15 minute video tape to the Planning Commission meeting to demonstrate their proposal; however, the Planning Commission made a decision to restrict the public hearing to the concerns that the Commission submitted to the applicant during the April 21, 1994, Planning Commission meeting. -26- 1994 i1►L�� s COMMISSIONERS plo O� M"§M'aa �o CITY OF NEWPORT BEACH MINUTES Ma 19 1994 ROLL CALL INDEX Mr. Philip Boston, 118 - 40th Street, applicant, appeared before the Planning Commission. Mr. Dakota stated that the property owner located at 3020 Newport Boulevard, at the corner of Newport Boulevard and 31st Street, indicated that the applicant would be allowed to rent six parking spaces if they rented the building which they would use for extra office space. The property owner would give them a year lease on the building. In response to a question posed by Commissioner Gifford, Mr. Dakota replied that the Coastal Commission informed the applicant that the parking spaces would have to be within 500 feet of the subject facility, and the aforementioned six parking spaces are located within that distance. Mr. Hewicker expressed a concern regarding the building that is located at 3020 Newport Boulevard, and if the six parking spaces that are located on the site could be made available to the applicant. Commissioner Pomeroy suggested that a condition could be added stating ihat an off -site parking agreement that would be acceptable to the Planning Department must be in place before the project can go forward. Mr. Hewicker replied that the Planning Commission should be informed of where the parking is provided, if it is available and convenient to the people that are residing in the hostel, and that it would not be used for another purpose. Commissioner DiSano concurred that the public, in addition to the Commission, should be informed of where the off - site parking is located. Commissioner Edwards addressed the following suggested condition proposed by staff as stated in the staff report: That prior to issuance of building permits for the youth hostel facility, an off -site parking agreement shall be recommended by the Planning Commission and approved by the City Council, guaranteeing that minimum of 9 additional parking spaces shall be provided for the proposed facility in accordance with Section 20.30.035 D of the Newport Beach Municipal Code. Commissioner Edwards stated -27- U 40�4 G MID, COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH that he does not see how the aforementioned condition differs from what the applicant is offering the City with the exception that the City is requesting 9 parking spaces as opposed to 6 parking spaces. Mr. Hewicker responded that the Planning Commission does not have sufficient information as to the location of the 6 parking spaces. Commissioner Glover stated that it is the tradition of the Planning Commission to approve an off -site parking agreement as a condition of a use permit. Mr. Hewicker stated that it is at the discretion of the Planning Commission if they want the Planning Department to approve the off -site parking agreement. Chairman Merrill concurred that the location of the parking should be within the purview of the Planning Commission, and ultimately of the City Council. Mr. Boston addressed staffs suggested condition stating That 95% of the hostel visitors shall be limited to a maximum stay of 3 days wherein he indicated that it is a Youth Hostel of America regulation. Mr. Boston indicated that the applicant did not profess to be associated with the Youth Hostel of America Association, and that they did not intend to be associated with the Association inasmuch as the hostel system proved to be dysfunctional in Australia. He stated that the facility cannot abide by a maximum stay of 3 days. In response to questions posed by Commissioner Gifford, Mr. Dakota replied that the hostels located in Santa Barbara and Santa Monica are currently not in operation, and he indicated that he was surprised that they were used as examples. The hostels that they would use as examples are located in Miami, New York, San Francisco, and Colorado, all of which are independent Backpackers.. He indicated that the aforementioned hostels do not have daytime curfews, and the hostels allow at least a two to three week stay; however, statistically, the majority of the people stay for are that the three or fSanaour aBarbarays. Mr.�and Santa Monica cock stated that thost is wereaff wnot not -28- INDEX u P'COMMISSIONERS •Af�c ��FGlol��d�os ��y�O�lt�'P �09�'O CITY OF NEWPORT BEACH MINUTES Mav'9.1994 ROLL CALL INDEX operational inasmuch as staff verbally contacted the Planning Departments in both cities. Mr. Hewicker stated that staff is aware that the Santa Barbara hostel that is associated with a resort has not been built. Mr. Dakota stated that the Santa Monica hostel is currently under construction. Mr. Dakota stated that when they contacted the American Association of International Hostels headquarters the applicants were informed that the minimum stay is 12 days; however, several facilities located in Dallas, New York, Washington D.C., and Boulder, Colorado allow a maximum stay of 28 days. Mr. Boston stated that the aforementioned hostels do not have parking requirements. Commissioner Ridgeway pointed out that the Santa Monica hostel has access to a parking structure that is associated with a hotel. In response to a question posed by Commissioner Ridgeway, Mr. Dakota replied that the subject hostel would need a stay of 14 to 21 days to make the facility functional. In response to questions posed by Chairman Merrill and Commissioner Edwards, Mr. Boston replied that inasmuch as the visitors are on tour, they would want to have a safe place to put their personal belongings, and that they would want access to their personal items during the day. In response to a question posed by Commissioner Ridgeway, Mr. Dakota replied that the subject hostel would be associated with the American Association of International Hostels dba Rucksackers North America. Rucksackers is connected with an Association that was started in Australia and New Zealand, and they are in the process of moving to Europe after North America. Attached to the staff report is a letter from the headquarters in New York City indicating that the Newport International Backpackers Inn would have a provisional membership with the Association upon the approval by the City of Newport Beach. -29- q o� MIN CITY OF NEWPORT BEACH May 19 1994 ROLL CALL INDEX Mr. Andrew Grace, 118 - 40th Street, applicant, appeared before the Planning Commission. Mr. Grace addressed the feasibility of the City permitting in -lieu parking, the availability of parking spaces in the immediate vicinity, and the City's Municipal Parking' Lot located on 31st Street. He stated that the local property owners were contacted regarding the availability of parking spaces, and that the hostel would need a three to five year parking lease. He commented that the hostel needs the help of the City to solve the parking issue. In response to a question posed by Commissioner Edwards, Mr. Grace replied that they would comply with the condition that the applicant would be held responsible for trying to restrict access to International visitors. Mr. Grace further stated that the hostel would reserve the right to refuse entry. He commented that the hostel would have no problem with an American requesting entry to the hostel if they are travelling as a Backpacker. Mr. Guy Miner, 365 Via Lido Soud, and property owner of buildings located on Villa Way, 31st Street and 32nd Street, adjacent to the subject property, emphasized that the applicant did not contact him requesting parking spaces. The property that he owns provides enough parking for his tenants; however, he opined that the hostel would make the parking worse in the area. In response to a question posed by Commissioner Ridgeway, Mr. Miner stated that he is opposed to the subject facility on the basis of the lack of parking in the area, and he pointed out that the Newport Club requires a considerable amount of parking for their membership. Mr. Dakota reappeared before the Planning Commission wherein he emphasized that there is available parking in the City's Municipal Parking Lot on 31st Street, and there are also metered parking spaces available in the area. The Planning Commission discussed the issue of the video that the applicant brought to the proceedings. Mr. Dakota stated that the primary purpose of the video was to indicate to the Planning -30- Z COMMISSIONERS Vl���'s CITY OF NEWPORT BEACH MINUTES ivlay iy iyy't ROLL CALL INDEX Commission that there was ample parking in the area for the hostel visitors. Commissioner DiSano suggested that the applicant consider what parking would be available during the summer months and holiday weekends as opposed to when the applicants videotaped the parking spaces during the recent off-peak weeks. Mr. Hewicker stated that staff suggested the required number of parking spaces based on a study of other jurisdictions where there are existing legal nonconforming youth hostels with no parking, or youth hostels that are under construction where there is required parking. He pointed out that the Planning Commission has the ability to change the parking requirement of the subject hostel. Ms. Maxine Cohen, 118 - 33rd Street, appeared before the Planning Commission. She stated that the requested length of stay of 14 to 21 days would be excessive based on her experiences with the rented houses that are located in her neighborhood. In response to comments by Commissioner Ridgeway, Mr. Grace reappeared before the Planning Commission. Mr. Grace determined that it would benefit the City if the visitors would come to the area without automobiles, and that is what the hostel is attempting to achieve. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner DiSano complimented the applicants on their abilities, and he said that there is a purpose and necessity for a hostel in the City. The subject location is not the appropriate place for the hostel based on the fact that a portion of the people that would come to the hostel in the City would have a vehicle, and therefore, parking is an issue. The subject location is too "tight" for a hostel, and he suggested that the applicants consider the Pun Zone area, or a building that would be able to provide some parking. Commissioner DiSano opined that the applicant should be able to ask a potential visitor if he/she is a foreigner or an individual that would be using the hostel for the purpose of -31- ' �� 40G�� COMMISSIONERS M1N¢1O ROLL CALL CITY OF NEWPORT BEACH allowing a foreigner an inexpensive stay in the United States; however, based on the City Attorney's Office study that would not be possible. Commissioner Ridgeway stated that there would be a need for additional parking for the hostel inasmuch as the 2 parking spaces on -site would be used by the employees. He addressed the lack of parking in the area during the summer months and during peak holidays. Commissioner Ridgeway supported the idea of a hostel in Newport Beach, and he recommended that the applicants seek a location that would provide parking. The subject building may be too dense for the number of people that would be using the facility. He did not discourage the applicants from continuing to look in the Cannery Village area. Commissioner Pomeroy stated that the proper amount of parking is probably somewhere between what the applicant believes is needed and what staff requested. He questioned if the visitors would come to the facility in automobiles, and,he stated that a compromise could be made in the length of stay in the hostel. He determined that what the local residents seem to have perceived what the youth hostel was going to become appears to be the real issue. The issue is not whether the parking would be available, but that the neighbors believe the persons staying in the youth hostel are not what the applicants have portrayed. Commissioner. Pomeroy supports a youth hostel in the City; however, he recommended that before the applicants come back to the Planning Commission with another application for a youth hostel, that the applicants contact the local residents so they are informed that the hostel would not be a hangout for'beach burns' who want a room, and he determined that the applicants did not successfully accomplish that idea. Commissioner Glover pointed out that the applicants did not bring the aforementioned six parking spaces back to staff after they located the parking on Newport Boulevard for staffs review prior to the Planning Commission meeting. She opined that the applicants' positions regarding the length of stay and availability -32- 1994 INDEX ^ CoMMISSIONERS MINUTES CITY OF NEWPORT BEACH May19 1994 ROLL CALL INDEX of the sleeping rooms were not consistent with the applicants' testimony requesting a youth hostel during the April 21, 1994 Planning Commission meeting. Commissioner Gifford suggested that the Planning Commission indicate to the applicants what the Commission would consider an appropriate length of stay and the Commission's opinion regarding the availability of the rooms during the day. Mr. Boston reappeared before the Planning Commission, and he indicated to the Commission that if the City wanted to work with them that they would work with the City. Commissioner Ridgeway stated that he would have no problem with a 14 to 28 day stay in a hostel assuming the information in the staff report is correct, or if the hostel would be open during the day. He concurred with Commissioner Pomeroy that it is a difficult issue because of public opinion. Commissioner DiSano stated that he would have no problem with a 14 to 21 day stay in a hostel or if the hostel would be open during the day. He expressed his concern regarding credentials and if the credentials cannot be demanded, then he would have a difficult time approving a hostel. Commissioner Pomeroy stated that he would not have a problem with a 14 to 21 day stay or if the hostel would be open during the day; however, he addressed the conditions of the Unruh Act. Commissioner Ridgeway stated that the Unruh Act exists for a reason, and he would have no problem with the issue if the hostel would request a picture identification and a residence. Commissioner Edwards referred to a ,proposed condition in the staff report stating That the hostlers shall be required to provide or possess a photo identification card and proof of permanent residence upon registration to the facility, and he stated that the foregoing condition could be restructured to Commissioner Ridgeway's comments. -33- COMMISSIONERS Ml� O Ip n dplL�,�ps `p�0 CITY OF NEWPORT BEACH Ma 19 1994 ROLL CALL INDEX lotion * Motion was made and voted on to deny Use Permit No. 3527 yes * * * * * subject to the findings in Exhibit "B". MOTION CARRIED. foes Findines: 1. That the proposed Youth Hostel Facility is not compatible with surrounding commercial and residential land uses. 2. That the proposed facility will change the character of the parking requirements for the existing building and will increase parking demand which cannot be accommodated by existing on -site parking spaces. 3. That the proximity of residential uses located in the vicinity of the proposed facility will be adversely impacted by noise associated with the proposed facility. 4. The approval of Use Permit No. 3257 will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. raffic Study No. 93 (Continued Public Hearingl Request to% --approve a traffic study fora proposed McDonald's Item No take-out restaZ a t facility, and the acceptance of an TS93 environmental docume UP3516 Continued B. Use Permit No, 3516 Continued Public in to 6-9-94 Request to establish a McDonald's take-out and drive ough restaurant facility on property located in the "Retail and Se -34- To: Building Department pow '*(eay No Activity: In Plan Check: From: Planning Department Active Bldg Permit: Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: AddresszyB() e2zdf g3S4Jepf Plan Check No. jj 9102— Planning Department Comments PRIOR TO RELEASE Of Building Permit Fin : Park Dedication Fee in the Amount of $ is DUE. Fairshare Fee in the Amount of $ is DUE. S.J.H.T.C. Fee in the Amount of $ is DUE. Coastal Commission Approval of Resubdivision Must Be Obtained. [ ] Parcel Map Recordation: Resubdivision No. Record date [ ] Use Permit Conditions of Approval: Use Permit No. Condition(s) No. [ ] After recordation of the map a building permit change must be processed with the Building and Planning Departments, PRIOR TO FINAL OF THE BUILDING PERMIT, to change the description of the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. Proof of payment of the above mentioned fees may be required at that time if not collected at issuance of the original building or grading permits. Other: Other: Units Demolished Units Built _ • at eu g Department CC: '___Code Enforcement _Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90 CONDITIONS OF APPROVAL 430 32nd Street Use Permit #3527 Plan Check #592-95 CONDITION DEPT. ACTION 1. Provision for identifications Planning Letter of compliance 2. Live-in manager Planning Letter of compliance 3. Beds Planning Plans Approval Hold on Final 4. Rules of Conduct Planning Field Check Hold on final 5. State and Local laws Planning Letter of compliance 6. Taxes and Fees Planning Letter of compliance 7. Doors-31st St. Planning Letter of compliance 8. National affiliation Planning Letter of compliance 9. On -site parking Planning Plans Approval Hold on final 10. Mite parking Planning Plans Approval Traffic Per Written Agreement City Attorney Hold on Final Letter of compliance (C) 11. shuttle bus service/tours Planning Letter of compliance 12. rates Planning Letter of compliance 13. Coastal Dev. Permit Planning Plans Approval 14. Substantial Conformance Planning Plans Approval 15. N/A 16. N/A 17. 6-mo.review Planning ,a 0 n� q --y £LtVhra �L •y <o y'4a �3, a iz x�� gyp( T ME M-mI e.j 7,,,l d � w � / i U �s x z V ,W 7'- g.1 d b., (PNINI(NS � Gpry/ylo�JS � RmNl - r2vur-r/ o -- N O N o^ LO C � C zIx1U C_ i Y � — zuj II\ _ • — Ua � taw � . H