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HomeMy WebLinkAbout1670 - APPROVE UP_3600 E. COAST HWYRESOLUTION NO. 1670 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -021 FOR PROPERTY LOCATED AT 3600 E. COAST HIGHWAY (PA2005 -098) WHEREAS, an application was filed by Steven Fischer, with respect to property located at 3600 E. Coast Highway, and legally described as portions of Lots 1, 2, 3, Block V of Tract 323, requesting an approval of a Use Permit for a waiver of 4 off- street parking spaces for the development of a two -story 3,250 square -foot commercial building. WHEREAS, a public hearing was held on July 7, 2005, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid 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. WHEREAS, the General Plan Land Use designation for the property is Retail & Service Commercial, and the lot is zoned Retail Service Commercial. WHEREAS, the Planning Commission finds that the proposed site design for the new commercial building will result in the removal of two existing driveways along the north side of Coast Highway which in turn will create 4 new on- street parking spaces adjacent to the subject property. These spaces are qualified as municipal parking facility located in close proximity of the site which will to be useful in connection with the subject property. WHEREAS, the project is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) which permits the limited number of new structures. In urbanized areas, up to 4 buildings with up to 10,000 square feet would qualify provided that the site is not environmentally sensitive. The total floor area is well below this threshold. The site is vacant and no environmental resources are known to exist at the site. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005-021 (PA-2005-098), subject to the Conditions of Approval set forth in Exhibit "A ". Section 2. 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 in accordance with the provision of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. Paae2of5 PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2005. AYES: Cole, Toeme, Tucker and Henn ABSENT: McDaniel NOES: Eaton and Hawkins BY: Michael Toerge, Chairman BY: Barry Eat ecretary City of Newport Beach Planning Commission Resolution No. Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -021 1. The development shall be in substantial conformance with the approved plans dated received June 30, 2005, except as noted in the following conditions. 2. A total of 9 on -site parking spaces shall be provided and maintained for the commercial development at all time. 3. All deliveries /trash pickup shall be handled on -site. Trash pickup and large truck deliveries shall be scheduled outside of normal business hours to minimize conflict with vehicles parked on -site. 4. The driveway approach shall be a minimum of 24 feet wide. The applicant shall work with Public Works Department to accommodate a modified driveway approach. 5. The applicant shall replace red curb removed due to the construction unless otherwise directed by the Public Works Department. The applicant shall install red curb and on- street parking tees as directed by the Public Works Department. 6. Prior to issuance of building permits, the site plan and construction drawings shall be revised and reviewed and approved by Public Works/Traffic Engineering is required. 7. Prior to issuance of the building permit, area calculations of the overall building square footage and site area shall be verified. The total retail tenant space shall be limited to a maximum of 3,250 square feet of gross floor area as defined in Chapter 20.63 of the Municipal Code. 8. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 9. This Use Permit may be modified or revoked by the Planning Commission or City Council upon a determination that the operation or conditions under which it is being operated or maintained is detrimental to the health, welfare or injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 10. This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93.055 of the Newport Beach Municipal Code, unless an extension is approved prior to the expiration date of this approval, in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. _ Page 4 of 5 11. Prior to issuance of the building permit, the applicant shall provide to the Planning Department proper proof of site clearance from the County of Orange Health Care Agency for the project. 12. All improvements shall be constructed as required by Ordinance and the Public Works Department. 13. Prior to issuance of the building permit, the applicant shall submit detailed on -site drainage plans. Said plans shall comply with the City's on -site non -storm runoff retention requirements. 14. All proposed building foundation, footings, and exterior doors (when fully opened) shall be within the limits of the site property lines. 15. Should the applicant desire to obtain building permit prior to completion of the public improvements, the applicant shall provide the City through the Public Works Department with either a refundable deposit or Materials /Labor /Performance bonds to guarantee satisfactory completion of the required public improvements. 16. New street trees shall be planted along Orchid Avenue and Coast Highway. The applicant shall refer to the City General Services Department List of Approved Trees for the acceptable species and sizes. 17. Orchid Avenue and Coast Highway parkways shall be landscaped per City requirements. 18. The existing concrete driveway approaches along Coast Highway and that portion of the existing driveway approach along Orchid Avenue that will not be utilized by the new development shall be removed and reconstructed with a concrete driveway "plug" per City Standards. Variable height concrete curbs are required. 19. New full width concrete sidewalks shall be constructed along the length of the Orchid Avenue and Coast Highway frontages. 20. An ADA compliant curb access ramp shall be constructed at the Orchid Avenue /Coast Highway intersection curb return. Select sections of the existing concrete cross gutter adjoining said curb return may need to be reconstructed. 21. The Orchid Avenue and Coast Highway roadway pavements fronting this development are on the City's street -cut moratorium list. Any damage done to said pavements by this development will require extensive pavement repair work. Details of such repair work may be obtained from the Public Works Department. 22. A City encroachment permit shall be required for all work with the City public right - of -way. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 5 23. A construction traffic control plan shall be submitted and approved by the City prior to the issuance of the encroachment permit. The Orchid Avenue roadway shall be maintained for two -way traffic at all times. Said plan shall be wet sealed, signed, and dated by a California Registered Traffic Engineer. 24. The second floor of the new building shall be limited to office use due to the provision of one exit. 25. Automatic fire sprinkler system for the new building is recommended. 26. Pockets of tree or vine wells shall be provided along the screen wall adjacent to Coast Highway. The applicant shall work with Planning Department and Public Works Department for the landscape design and placement. 27. In the event that the number of newly created on- street parking associated with the project is less than 4 spaces, the applicant shall reduce the overall square footage of the proposed commercial building in the increment of 250 square feet for each parking space.