HomeMy WebLinkAboutZA2012-004 Cannery GeneratorRESOLUTION NO. ZA2012- 004
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2011 -035 FOR AN EMERGENCY ELECTRICAL
GENERATOR AT 3010 LAFAYETTE ROAD (PA2011 -218)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Cannery with respect to property located at 3010
Lafayette Road, and legally described as Lots 1 -7, Block 429, Lancaster's Addition,
requesting approval of a Minor Use Permit.
2. The applicant requests a Minor Use Permit to allow for the installation of a standby
emergency electrical generator (generator) at an existing restaurant.
3. The subject property is located within the MU -W2 (Mixed -Use Water Related) Zoning
District and the General Plan Land Use Element category is MU -W2 (Mixed -Use Water
Related).
4. The subject property is located within the coastal zone with a Coastal Land Use
designation of MU -W (Mixed Use Water Related).
5. A public hearing was held on February 15, 2012, 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 Newport Beach Municipal
Code (NBMC). 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. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act, pursuant to Section 15303 (Class 3 — New
Construction or Conversion of Small Structures).
2. Class 3 exempts the installation of small new equipment and facilities in small structures.
The generator is to be installed to provide emergency power for a restaurant in the
event of a disruption of commercial power due to natural or man -made interruptions to
power.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Findings and decision) of the NBMC, the following
findings and facts in support of the findings for a Minor Use Permit are set forth:
Zoning Administrator Resolution No. ZA2012 -004
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Finding
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The location of the proposed generator is consistent with its General Plan land use
designation "Mixed -Use Water Related ", which is applied to waterfront locations in
which marine - related uses may be intermixed with buildings that provide residential on
the upper floor. Permitted uses include those permitted by the CM (Recreation and
Marine Commercial), CV (Visitor Serving Commercial), and MU -V (Mixed Use Vertical)
designations. These designations allow for restaurant type uses. The proposed
generator is a minor utility supporting the use of the restaurant. It neither changes the
density or intensity nor the operational characteristics or use of the site.
2. The subject property is not part of a specific plan area.
Finding
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. The site is located in the MU -W2 (Mixed -Use Water Related) Zoning District. This zoning
district applies to waterfront properties in which marine - related uses may be intermixed
with general commercial, visitor serving, and residential dwelling units on the upper
floors. The proposed generator is consistent with this designation as minor utility
infrastructure is permitted within its designation.
2. Section 5.11.050.4. (Temporary Emergency Electrical Generators) of the NBMC
indicates that if the business owner desires permanent status of a generator, then the
applicant shall obtain a Use Permit. The placement and use of the generator complies
with the provisions of Section 5.11.050.4.
Finding
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Findinq
1. A restaurant has been operated at this location since the 1970s and was originally
approved by Use Permit No. UP1521 on April 29th, 1971. The use has not proven
detrimental to the area. This demonstrates the location's capability of operating as a
compatible use with other land uses in the vicinity. The purpose of the generator is to
provide emergency power to the existing restaurant in the event of a disruption of
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Zoning Administrator Resolution No. ZA2012 -004
Page 3 of 6
commercial power due to a natural or man -made interruption to power. The addition of
the generator does not present any conflicts with the purpose and intent of the district
and does not result in an increase in intensity of the existing use such that the
operational characteristics of the site would change.
2. The generator will be ground- mounted and will comply with all screening, setback, and
sound rating requirements. The generator will be located near the rear property line in the
southwest corner of the property. It will be screened from view behind an existing 10 -foot
high wall designed in a manner consistent with the architectural style of the building.
Finding
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
1. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing property and the proposed project will not negatively affect
emergency access.
Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, a safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The installation of the generator will comply with the requirements of the City's Building
regulations and Fire Codes.
2. The proposed generator will comply with all exterior noise standards as regulated by
the NBMC. Therefore, there will be no significant noise impact on the surrounding
neighborhood.
3. The generator will only be operated during a power outage and limited routine system
diagnostics as necessary.
4. Due to the design and location of the facility, there is no impact to public views. The
generator will be ground- mounted and screened from adjacent view by an existing wall.
The wall is consistent with the architectural style, color, and materials of surrounding
structures.
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Zoning Administrator Resolution No. ZA2012 -004
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2011 -035, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 - 644 -3200.
PASSEQ, APPROVED, AND,,ADQPTED THIS 15TH DAY OF FEBRUARY, 2012.
0
Wisneski,VAII P, Zoninq Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved plans dated with
this date of approval (except as modified by applicable conditions of approval).
2. The installation of the generator shall comply with the requirements of the City's
Building regulations and Fire Codes.
3. The use of the generator shall be limited to no more than two hundred (200) hours per
year and shall be operated only during a power outage or during daytime hours for the
purpose of performing system diagnostics.
4. The applicant shall obtain a South Coast Air Quality Management District Permit for
the generator if it exceeds fifty (50) horsepower.
5. The generator shall comply with all acceptable levels for noise as established by the
NBMC. If the Community Development Director determines that the generator
exceeds acceptable levels for noise and /or creates excessive negative impacts to air
quality, the license may be automatically revoked.
6. The generator and any related support mechanical equipment shall be screened from
any public right -of -way and /or public property as required by the Zoning Code.
7. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
he /she determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
8. Any substantial change in operational characteristics, expansion in area, or other
modification to the approved plans, shall require an amendment to this Minor Use
Permit or the processing of a new Minor Use Permit,
9. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
10. Minor Use Permit No. UP2011 -035 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the Newport Beach Zoning Code, unless an extension is otherwise granted.
11. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
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12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
14. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
15. Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in the
Modification Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11- inches by 17- inches. The
plans shall accurately depict the elements approved by this Planning Director's Use
Permit and shall highlight the approved elements such that they are readily discernible
from other elements of the plans.
16. 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 Cannery Generator including, but not limited to
Minor Use Permit No. UP2011 -035 (PA2011 -218) and the determination that the project
is exempt under the requirements of the California Environmental Quality Act. 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.
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