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HomeMy WebLinkAbout1547 - APPROVE UP_4200 BIRCH STRESOLUTION NO. 1547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT (UP) NO. 2001 -035 FOR THE BEACON BAY AUTO WASH LOCATED AT 4200 BIRCH STREET (PA2001 -200). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was duly filed by the Applicant, Mr. Patrick Shea, President of Beacon Bay Enterprises, Inc., with respect to property located at 4200 Birch Street (PA2001 -200) and legally described as Parcel I of Parcel Map No. 45 -25, requesting approval of Use Permit (UP) No. 2001 -035 to remodel and reconfigure the existing Beacon Bay Auto Wash and service station. Section 2. A public hearing was duly held on January 3, 2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) That the proposed location of the use is in accord with the objectives of the Zoning Code, the Planned Community Development Text, and the purposes of the district in which the site is located. The location and the use of the mechanical car wash on the site are in conformance with Newport Place Planned Community District (PC — 11). The project has been conditioned and designed in a manner that will ensure the use remains compatible with the surrounding properties in the immediate vicinity and the general community. b) That the proposed project is consistent with the General Plan as it pertains to an existing vehicle wash and service property within the Retail and Service Commercial Land Use designation. The project involves the modernization of an existing use, and includes increased employee parking. C) That the proposed project qualifies for a Categorical Exemption pursuant to Section 15302 (Class 2, Replacement or Reconstruction) of the California Environmental Quality Act ( "CEQA ") Implementing Guidelines. The project involves demolishing and reconstructing the existing detail building, providing increased employee parking, and replacement of the trellis with a metal roof canopy. d) That the proposed project will comply will all applicable provisions of the Municipal Code as well as any specific Conditions of Approval. The applicant is required to obtain the necessary permits from the Building Department and Fire Department. Subsequent approvals from the City would be required for any changes to site signage, final approval for finished materials and colors. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit (UP) No. 2001 -035, subject to the Conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF JANUARY, 2002. AYES: McDaniel, Kiser, Agajanian, Tucker Gifford, Kranzley and Selich NOES: None ABSENT: BY: Larry Tucker, Chairman BY: U�h Earl Mc aniel, Secretary I: \USERS \PLN\Shazed\PA's \PA2001 - 200 \UP2001 - 035- peresolution. doe EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit (UP) No. 2001 -035 The development shall be in substantial conformance with the approved site plan, roof plan, and elevations dated September 26, 2001 and the landscape plan dated October 26, 2001. Use Permit No. 2001 -035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an extension is otherwise granted. Use Permit No. 1641, including all conditions of approval, for the mechanical car wash facility located at 4200 Birch Street, remains in full force and effect except where modified by this Use Permit or other amendments. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. Unless other wise approved by the Building Official, a fire sprinkler system is required for the new detail building. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable requirements of the Americans with Disabilities Act. Approval from the Planning Director is required for the finished appearance and color of the metal roof prior to installation. Reflective or shiny (unfinished) metals are not permitted. 6. No storage of vehicles, other than any company vehicle identified as such, shall occur on the property unless otherwise approved by the Planning Commission. 7. Any subsequent modification to the existing signage for the project requires a separate application and approval. 8. Any of the existing mature trees that must be removed to accommodate the project must be either relocated to another area of the site or replaced with a tree of the same size. I: \USERS\PLN\Shwed\PA's \PA2001- 200 \UP2001 - 035- perosolution. doc