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HomeMy WebLinkAbout01 - Newport Dunes / Maserati Temporary Vehicle Storage - PA2105-134 0 EwP0 COMMUNITY DEVELOPMENT DEPARTMENT F PLANNING DIVISION m 100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.aov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 13, 2015 Agenda Item No. 1: SUBJECT: Newport Dunes/Maserati Temporary Vehicle Storage - (PA2015-134) 1131 Back Bay Drive XP2015-006 APPLICANT: Newport Dunes Resort and Marina OWNER: Newport Dunes Resort and Marina PLANNER: Patrick Alford, Planning Program Manager (949) 644-3235, palford(a-)newportbeachca.gov PROJECT SUMMARY A Limited Term Permit application (90 days or more) for the temporary storage of a maximum of forty (40) vehicles in the Newport Dunes Resort Marina parking lot. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Limited Term Permit No. XP2015-006 (Attachment No. ZC 1). 1 Newport Dunes/Maserati Temporary Vehicle Storage Zoning Administrator, August 13, 2015 Page 2 VICINITY MAP Project Site l l� J J . ' ) � NEWPORT DUNES i•<. J-� GENERAL PLAN ZONING EWPOR EWPOR DUNES DUNES - 1 LOCATION GENERAL PLAN ZONING CURRENT USE PR (Parks and PC-48 (Planned ON-SITE Recreation Community) Parking Lot NORTH RS-D (Single-Unit R-1 6000 (Single-Unit Single-Unit Dwellings Residential Detached) Residential SOUTH OS (Open Space) PC-39 (Planned Park Community) EAST RM (Multiple Residential) PC-1 (Planned Mobile Home Park Community) WEST CV (Visitor-Serving CV (Visitor-Serving Hotel Commercial) Commercial) Newport Dunes/Maserati Temporary Vehicle Storage Zoning Administrator, August 13, 2015 Page 3 INTRODUCTION Project Setting The project site is a surface parking lot within the Newport Dunes Resort. The parking lot is located on the northwest section of the Newport Dunes Resort and is used for the marina and overflow parking for special events. Project Description The applicant is requesting to use forty (40) of the parking spaces in the parking lot for the temporary storage of vehicles. The temporary storage of vehicles would end on or before December 30, 2015. Background On February 19, 2015, the Zoning Administrator approved Limited Term Permit No. XP2015-002 to allow temporary storage of a maximum of forty (40) vehicles in the main parking lot. The temporary storage of vehicles was conditioned to end on March 30, 2015. On May 14, 2015, the Zoning Administrator approved Limited Term Permit No. XP2015- 003 to allow the storage of vehicles to continue to June 30, 2015. DISCUSSION The limited term permit would allow the continuation of the temporary storage of vehicles authorized by Limited Term Permits No. XP2015-002 and XP2015-003 at a different location on the project site. The use was intended to end by June 30, 2015; however delays with the expansion of the Maserati of Newport Beach automobile dealership (1100 West Coast Highway) require a new limited term permit application because the use would continue beyond June 30, 2015. Analysis The main issue is whether the temporary storage of vehicles interferes with the public access and recreation components of the Newport Dunes Resort. Under the terms of the Newport Dunes Settlement Agreement, the applicant is required to maintain boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human- powered launch, and camping. The temporary storage of vehicles will utilize no more than forty (40) of the 654 parking spaces in the marina/overflow parking lot. Furthermore, the proposed limited term use will not impact the beach and day use parking area, which has over 800 parking spaces. Under the terms of the Settlement Agreement, the applicant is only required to provide a 3 Newport Dunes/Maserati Temporary Vehicle Storage Zoning Administrator, August 13, 2015 Page 4 minimum 645 parking spaces for day use beach area users. Therefore, the proposed limited term use will not impact the public access and recreation components of the Newport Dunes Resort. The project site maintains adequate access from Back Bay Drive via a four (4) lane access drive and the temporary storage of vehicles does not generate an excess of vehicular traffic or significantly impact the parking for patrons and guests of the Newport Dunes Resort. The subject property has been used for temporary vehicle storage since December 2014, and there is no evidence that this use has been detrimental or hazardous to public convenience, health, or safety of persons residing or working in the neighborhood. Environmental Review The project is categorically exempt under Section 15304, of the State CEQA (California Environmental Quality Act) Guidelines — Class 4 (Minor Alterations to Land). Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary vehicle storage. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared and Submitted by: Patrick J. Alford, Planning Program Manager ATTACHMENTS ZA 1 Draft Resolution with Findings and Conditions ZA 2 Site plan 4 Attachment No. ZA 1 Draft Resolution with Findings and Conditions 5 V� QP �P RESOLUTION NO. ZA2015-OXX A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LIMITED TERM PERMIT NO. XP2015-006 FOR TEMPORARY VEHICLE STORAGE AT 1131 BACK BAY DRIVE (PA2015-134) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 19, 2015, the Zoning Administrator approved Limited Term Permit No. XP2015-002 for temporary storage of a maximum of forty (40) vehicles in the Newport Dunes Resort and Marina for a period less than ninety (90) days. 2. On May 14, 2015, the Zoning Administrator approved Limited Term Permit No. XP2015-003 to allow the storage of vehicles to continue to June 30, 2015. 3. An application was filed by Newport Dunes Resort and Marina, with respect to property located at 1131 Back Bay Drive, and legally described as Record of Survey RS_095_39- 43, requesting approval of a limited term permit to allow the temporary storage of vehicles to continue at a different location on the project site to December 30, 2015. 4. The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Park and Recreation (PR). 5. The subject property is located within the coastal zone. 6. A public hearing was held on August 13, 2015, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . The project is categorically exempt under Section 15304, of the State CEQA (California Environmental Quality Act) Guidelines — Class 4 (Minor Alterations to Land). 2. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary vehicle storage. Zoning Administrator Resolution No. ZA2015-OXX Page 2 of 5 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act Guidelines under Class 4 (Minor Alterations to Land). Facts in Support of Finding: 1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary vehicle storage. Finding: B. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use. Facts in Support of Finding: 1. The temporary storage of vehicles has been reviewed and conditioned to preclude any detriment to the general welfare of the area. 2. The subject property has been used for temporary vehicle storage since late-December 2014, and there is no evidence that this use has been detrimental or hazardous to public convenience, health, or safety of persons residing or working in the neighborhood. Finding: C. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot. Facts in Support of Finding: 1. The temporary storage of vehicles uses a maximum of forty (40) parking spaces in the marina/overflow parking area, which contains 654 parking spaces. 2. The temporary storage of vehicles in the marina/overflow parking area will not impact the 800-space beach day use parking area, which is required to provide a minimum 645 parking spaces for day use beach area users by the Settlement Agreement. 03-03-2015 g Zoning Administrator Resolution No. ZA2015-OXX Page 3 of 5 3. The temporary storage of vehicles using a small portion of a parking area that is used for the marina and overflow for events will not impact the public access and recreation components of the Newport Dunes Resort. 4. As conditioned, the applicant is required to maintain public access and parking in accordance with the Newport Dunes Settlement Agreement, including, but not limited to boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human-powered launch, and camping. Finding: D. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate. Facts in Support of Finding: 1. The subject lot maintains adequate access from Back Bay Drive via a four (4) lane access drive. Finding: E. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator. Facts in Support of Finding: 1. The temporary storage of vehicles does not generate an excess of vehicular traffic or significantly impact the parking for patrons and guests of the Newport Dunes Resort and Marina. Finding: F. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The stored vehicles will be removed no later than December 30, 2015. 2. The temporary vehicle storage is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 3. The subject lot is not located within a specific plan. 03-03-2015 9 Zoning Administrator Resolution No. ZA2015-OXX Page 4 of 5 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2015-006, subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF AUGUST, 2015. By: Brenda Wisneski, AICP, Zoning Administrator 03-03-2015 10 Zoning Administrator Resolution No. ZA2015-OXX Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The temporary vehicle storage use shall conclude by December 30, 2015. 2. Vehicle storage shall be limited to the general area depicted on the site plan and house a maximum of forty (40) vehicles at any one time. 3. During the duration of this permit, the applicant shall maintain public access and parking in accordance with the terms of the Newport Dunes Settlement Agreement, including but not limited to, boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human-powered launch, and camping. 4. Approval of the requested limited term permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of all required permits from any other department or governing agency. 5. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Dunes/Maserati Temporary Vehicle Storage including, but not limited to, XP2015-006 (PA2015-134). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 03-03-2015 22 V� QP �P 2� Attachment No. ZA 2 Site Plan 13 V� QP �P 2� PA2015-134 Attachment No. ZA 2 - Site Plan oo�.��E Pooh J BOAT • 6�Y STORAGE A C E I N CONEY TO ECOLOGICAL RESERVE jPrO.Afl r BACK BA Cq(L' MARINA OFFICE HARBORSOE BI STRO _ MARINA CLLIBHO SUE Li q ROOM - PEDESTRIAN BRIDGE. 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