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HomeMy WebLinkAboutNewport Harbor Shipyard (PA2001-158)CITY OF NEWPORT BEACH Hearing Date: May 9, 2002 PLANNING DEPARTMENT Agenda Item: 1 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham �4son +`f NEWPORT BEACH, CA 92658 644 -3200 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: Newport Harbor Shipyard (PA2001 -158) 101 Shipyard Way SUMMARY: Request for a Use Permit 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. The proposed new paint spray boot will be approximately 35 feet in height. Zoning Code Section 20.65 permits structures to be up to 35 feet in height upon approval of a Use Permit. I 11TWIMN IuI ►II 1, ACTION: Approve Use Permit No 2001 -030 (PA2001 -158) by adopting resolution entitled "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." APPLICANT: Mr. Jesse Salem 101 Shipyard Way, B2 Newport Beach, CA 92663 PROPERTY OWNER: Lido Peninsula Company 201 Shipyard Way, #1 Newport Beach, CA 92630 LOCATION: Easterly side of Shipyard Way at the southern terminus of Lido Park Drive (southeaster tip of Lido Peninsula). LEGAL DESCRIPTION: APN 047- 010 -09 GENERAL PLAN: Mixed Single Family Attached and Recreational Marine Commercial ZONING DISTRICT: Planned Community Use Permit No. 2001 -030 (PA2001 -158) 101 Shipyard Way Current Development: Boat Repair Facility (Outdoor Repair Yard) To the north: Offices/ yacht sales/boat storage To the east and south: Residential — mobile homes/cottages (Lido Peninsula Resort) To the west: Newport Harbor and the Rhine Channel Newport Harbor Shipyard (PA2001 -158) May 9, 2002 Page 2 of 6 Introduction & Background The applicant, Mr. Jess Salem, is seeking approval of a Use Permit to allow the construction of a new paint spray booth that will have dimensions of 40 feet wide by 70 feet long by 35 feet in height. The structure will be constructed of aluminum framing with fabric covering and will be fully enclosed. The paint booth will replace a previously - existing paint booth that was constructed of plywood siding and a canvas cover, and had a height of approximately 45 feet. The new facility will be located in approximately the same area as the previously- existing paint booth. The project site is located within the Lido Peninsula Planned Community (PC -6), which does not have a Development Plan. Section 20.35.050 of the PC District regulations state that in the case of uses established before the adoption of a PC District, the use permit as approved for a specific use shall constitute the required development plan. This case is complicated by the fact that Newport Harbor Shipyard has existed for a number of years, pre-dated the adoption of the Lido Peninsula PC District, and has existed without a use permit. Even though the replacement of the paint spray booth is not an expansion, increase or intensification of the use (the new paint spray booth will actually be lower than the previously -existing booth), it was staff's determination that a use permit should be processed for the requested new paint spray booth on the basis that it does exceed the 26 -foot height limit of the 26/35 Height Limitation Zone. Zoning Code Section 20.65 provides that the 26 -foot height limit may be exceeded up to 35 feet through the approval of a Use Permit. Site Overview The property is located on the southeasterly tip of Lido Peninsula adjacent to Newport Harbor and the Rhine Channel. The property is developed primarily with boat - related repair and accessory uses, with the Newport Harbor Shipyard being the most prevailing use. Lido Peninsula Resort, consisting of older mobile homes and newer cottages, is located on the adjacent property to the south and east. Proiect Overview The applicant is proposing to construct a new paint spray booth that will replace an older booth. The new booth will be fully enclosed and will meet Air Quality Management District regulations. The new booth will be a prefabricated structure consisting of aluminum framing covered by fabric. The structure will have a domed roof with a maximum height to the peak of the roof of 35 feet. The overall dimensions of the structure are 40 feet by 70 feet, and it will be located in the same location as the previously - existing paint booth. The paint booth is to be located within the outdoor boat repair yard, which is surrounded by a screen fence that is approximately 12 feet in height. Newport Harbor Shipyard (PA2001 -158) May 9, 2002 Page 3 of 6 Analysis General Plan The City's General Plan designates the site as Mixed Single Family Attached and Recreational Marine Commercial. The applicant's request is consistent with this designation, as it entails the replacement of an existing paint spray booth with a new spray booth in approximately the same location. The new paint booth does not change the land use classification of the boat repair facility, which is a use consistent with the Recreational Marine Commercial portion of the General Plan land use designation. The Harbor and Bay Element of the General Plan outlines a number of Goals and Objectives for the Harbor. Goal HB -1 states: "Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with regulations limited to those necessary to protect the interests of all users. " Listed under Goal HB -1 as a use that contributes to the diversity and charm of the Bay is "water - dependent and water - related commercial activities such as boat/ship repair and maintenance." The proposed project does not conflict with this policy. In addition to the foregoing, Policy HB -1.2.5 of the Harbor and Bay Element states: "Encourage retention of facilities necessary to support vessels berthed or moored in the Harbor, such as boat haul out facilities... " The Newport Harbor Shipyard has been in existence for a number of years and is a business that supports the needs of recreational and commercial boaters. The paint spray booth is an essential element of the boat repair business. Therefore, the business in general, and the paint spray booth in particular, can be viewed as furthering the goals and objectives of the Harbor and Bay Element. Existing Use The proposed new paint spray booth will replace an existing facility. The new booth, even though exceeding the 26 -foot height limit, will actually be lower in height from the previously - existing facility. Therefore, the use can be viewed as an improvement over the previously - existing condition with respect to the height issue. The applicant's plans did not indicate the color of the fabric covering. In order to assure that the structure is not obtrusive, staff recommends that the color consist of a light shade of tan or beige, and a condition (No. 4) has been included within the draft resolution. Newport Harbor Shipyard (PA2001 -158) May 9, 2002 Page 4 of 6 Required Findings Zoning Code Section 20.65.050 requires that the Planning Commission make the following findings in granting any use permit for structures in excess of the basic height limit: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. The proposed new paint booth replaces a structure that was in the same location and was ten feet higher. The structure is located behind a 12 -foot high screening fence, and will be located northerly of an existing building that is approximately 20 feet in height. The location of the structure will not impede views from surrounding properties or from any public walkway or trail. Therefore, staff believes the foregoing finding can be met. B. The increased building height would result In a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. The new paint booth replaces an older plywood and canvas structure, and is ten feet lower than the previously- existing paint booth. As such, the structure will result in a visual improvement of the property. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. The new paint booth is at a scale that is in keeping with the surrounding buildings, and the facility will be located within the outdoor boat repair yard. The boat yard is enclosed by a 12- foot high screen fence. Even though the facility will extend above the screen fence, its location at the southerly (channel -side) portion of the site, will place it against an existing crane and to the north of a 20 -foot high commercial building. The height is not an overly abrupt change to surrounding structures and boat masts. D. The structure shall have no more floor area than could have been achieved without the use permit. The new paint booth will be approximately the same size of the previously- existing structure and will not result in more floor area than has existed in the past. Newport Harbor Shipyard (PA2001 -158) May 9, 2002 Page 5 of 6 Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement of Existing Facilities). The new paint spray booth is a replacement of an previously - existng booth, and the new facility is not considered an expansion of the use. The new facility is required in order to bring the spray paint portion of the business into compliance with current Air Quality Management District regulations. Conclusion In summary, staff believes that the findings supporting a 35 -foot height limit for the new replacement paint booth can be made. The proposed structure replaces a previously- existing structure that was utilized for the same purpose in approximately the same location. The new paint booth is a visual enhancement over the previous booth and will be lower in height. The location of the paint booth will not obstruct views from surrounding residential uses or views from public walkways. Also, the proposed new structure will replace an older structure, the use of which is accessory and essential to the main boat repair use and, therefore, furthers the goals and objectives of the General Plan as they relate to businesses that provide support to recreational and commercial boating activities of Newport Bay. In addition, the new booth is designed to meet requirements of the Air Quality Management District. The Commission has the option to approve the request as proposed. Should the Commission wish to do this, Resolution No 2002 -_ has been prepared for adoption and is included as Exhibit No. 2. The Commission could approve a modified project. The Commission would adopt the resolution with revised conditions identified at the meeting. Submitted by: PATRICIA L. TEMPLE Planning Director 1 Exhibits Prepared by: WILLIAM CUNNINGHAM Associate Planner 1. Letter and project description from Mr. Jesse Salem 2. Resolution No. 2002 -; findings and conditions of approval 3. Project plans Newport Harbor Shipyard (PA2001 -158) May 9, 2002 Page 6 of 6 LIDO PENINSULA MARINE CENTER NEWPORT HARBOR SHI[ NARD August 17, 2001 PROJECT DESCRIPTION AND JUSTIFICATION Newport Harbor Shipyard Proposes to remove a 20 year old plywood paint booth and replace with a new prefabricated paint booth which will be on our property for a minimum 1 year, maximum 4 years. This semi - permanent structure will be aluminum framed, fabric covered and fully enclosed. The paint booth will be aesthetically pleasing and environmentally friendly. It will completely eliminate overspray and sanding dust, reducing our level of industrial activity by 2800 square feet and greatly improving the environment around the area of the Rhine Channel. 1 Jspectfa Jesse Salem President 101 SHIPYARD WAY, BERTH B, NEWPORT BEACH, CA 92663 (714) 675 -4550 EXHIBIT 2 RESOLUTION NO. 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: 1. 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: City of Newport Beach Planning Commission Resolution No. Pate 2 of 3 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. 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 5. 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: NOES: Larry Tucker, Chairman BY: Earl McDaniel, Secretary 1-0 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 pemuts 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 Pemvt 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.