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HomeMy WebLinkAbout1558 - APPROVE UP_101 SHIPYARD WAYRESOLUTION NO. 1558 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -030 (PA2001 -158) FOR PROPERTY LOCATED AT 101 SHIPYARD WAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Newport Harbor Shipyard, with respect to property located at 101 Shipyard Way and described as Assessor's Parcel Number 47- 010 -09, requesting approval of Use Permit No. 2001 -030 to allow construction of a paint spray booth to exceed the 26 -foot height limit, in order to replace an existing paint booth at a boat repair facility located on Lido Peninsula. Section 2. A public hearing was held on May 9, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed location of the paint spray booth that exceeds the 26 -foot height limit and the proposed conditions under which it would be operated or maintained is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. The use permit is for a structure that exceeds 26 feet in height; the Zoning Code permits structures of up to 35 feet in height upon approval of a use permit. The use, which will be 35 feet in height, has been conditioned in such a manner to minimize the impacts associated with the building height. The plans, as conditioned, meet the design and development standards of the Planned Community District. The use is existing and the applicant does not propose a use that would change the operational characteristics of the site which would result in additional parking demand. 2. The boat repair facility is an existing use and the paint booth has been a prior- existing portion of the use. The applicant proposes to replace the paint booth with a new structure, and there is no modification in the operational characteristics of the business. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.65 of the Municipal Code (Height Limits) for the following reasons: a. Zoning Code Section 20.65.040C. permits the 26 -foot height limit to be exceeded to a maximum of 35 feet through approval of a use permit. City of Newport Beach Planning Commission Resolution No. Page 2 of 3 b. The location of the proposed new paint booth, its size, and the fact that the new structure replaces a higher structure, will result in improved public views. C. The proposed new structure replaces an older structure, and will result in a building that will improve the visual character of the area than the previously- existing structure. d. The location of the structure on the interior of the site and the existing 12 -foot high screening fence that surrounds the boat repair facility, including the paint booth, is of a scale similar to other surrounding commercial uses in the vicinity, and the structure will not interfere with views from surrounding residential uses, from public open space facilities, or from public walkways or trails. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 2 (Replacement of existing facilities). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2001 -030, subject to the Conditions set forth in Exhibit "A." Section S. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called 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 9th DAY OF MAY 2002. AYES: McDaniel, Kiser, Agaianian, Tucker Gifford, Kranzley and Selich NOES: None BY: 7 Larry Tucker, Chairman BX: ,,1 1'\A, cal Earl McDaniel, Secretary City of Newport Beach Planning Commission Resolution No. Page 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-030 The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated August 1, 2001. 2. Use Permit No. 2001 -030 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the South Coast Air Quality Management District (SCAQMD) is required prior to permit issuance. 4. The fabric cover of the paint spray booth shall be light tan or beige or other similar color to be approved by the Planning Director. 5. That any change in operational characteristics of the business, hours of operation, expansion in area, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. 6. Should this business be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 7. The Planning Commission may add to or modify conditions of approval to this use permit, or revoke this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community.