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HomeMy WebLinkAboutZA2014-016 - A minor use permit to allow the construction of a 9,000 square-foot single-story storage building within the existing City maintenance yard at Big Canyon Reservoir. - 3300 Pacific View DrRESOLUTION NO. ZA2014 -016 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014 -006 FOR A STORAGE BUILDING LOCATED AT 3300 PACIFIC VIEW DRIVE (PA2014 -031) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the City of Newport Beach, with respect to property located at 3300 Pacific View Drive, and legally described as Block 92 and portions of Blocks 93, 96, and 97 of Irvine Subdivision Tract, requesting approval of a minor use permit. The applicant proposes a single -story storage building at the westerly side of the Big Canyon Reservoir property. The proposed building footprint will cover 9,000 square feet of land area. Half of the building will be enclosed (approximately 4,500 square feet) and used as vehicle storage bays. The remaining half would be unenclosed, but covered, and used for the storage of parts and supplies. Other improvements proposed as part of the project include new landscaping, asphalt paving, and lighting. 3. The subject property is located within the Public Facilities (PF) Zoning District and the General Plan Land Use Element category is Public Facilities (PF). 4. The subject property is not located within the Coastal Zone. 5. A public hearing was held on May 15, 2014, in the Corona del Mar Conference Room (Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. 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 pursuant to Title 14 of the California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures including but not limited to accessory structures such as garages, carports, patios, swimming pools, and fences. The proposal is to construct a single -story storage building that is accessory to existing facilities for the purpose of storing vehicles and supplies. In addition, the project site is located in an urbanized area, not adjacent to an environmentally sensitive area, and does not involve the use or storage of hazardous substances. Zoning Administrator Resolution No. ZA2014 -016 Page 2 of 8 SECTION 3. REQUIRED FINDINGS In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The General Plan designates the site as Public Facilities (PF) which is in intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools. A -2. The site is principally used as a reservoir and maintenance yard for the City's Municipal Operations Department field crew. The City -owned government facility supplies water to residents of Newport Beach. A -3. The addition of a new storage building does not change the principal use of the property as a government facility, which is consistent with the General Plan. A -4. 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: B -1. The proposed storage building will be accessory and secondary to existing facilities on -site which includes an office. Zoning Code Section 20.26.020 conditionally permits accessory structures in the PF Zoning District subject to the approval of a minor use permit. B -2. The proposed storage building is approximately 22 feet high, which is less than the 32 -foot flat roof height limit applicable to the property, and complies with all other provisions of the Zoning Code and Municipal Code. B -3. All lighting mounted to the exterior of the building will be full cutoff fixtures for the purpose of directing light downward to reduce offsite visibility and glare, consistent with Zoning Code Section 20.30.070 (Outdoor Lighting). Zoning Administrator Resolution No. ZA2014 -016 Paqe 3 of 8 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 Finding: C -1. The proposed storage building will be located approximately 150 feet from the nearest property line, is one -story in height, will have a footprint similar to other existing buildings on the site, and will operate consistent with existing facilities. C -2. The proposed storage building will be used for vehicle and supply storage. There will be no hazardous materials or substances stored in the building. The design of the building with an opening on one side will be buffered and screened from nearby residential properties by new landscaping. C -3. Operation within the storage building will typically occur during normal business hours (7:30 a.m. to 5:30 p.m.) which is compatible with neighboring residential and religious facility uses. C -4. As conditioned, the site shall not be excessively illuminated, and should the illumination create an unacceptable negative impact on surrounding land uses or environmental resources, the Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. C -5. Pole mounted lighting adjacent to paved roadways will only be illuminated when necessary for emergency purposes. 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: D -1. The subject property has operated as a reservoir since construction in 1958. D -2. A mobile home, single - family residence, and two detached garages previously occupied the location of the proposed storage building. The project site demonstrated that it was physically suitable to accommodate the previous use that was of similar size and footprint and provided sleeping, sanitation, and food preparation facilities. The proposed storage building will provide one accessible restroom and be used only for storage; therefore, the existing design of the site should be able to adequately accommodate the use. Zoning Administrator Resolution No. ZA2014 -016 Paae 4 of 8 D -3. The storage building will be used to store existing equipment and supplies currently scattered throughout the Big Canyon Reservoir property and the level of workers visiting the site is not anticipated to change. D -4. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The proposed storage building is intended to be accessory to existing facilities on the site. E -2. The proposed location of the storage building is in an area and location that was previously developed with structures, and is approximately 150 feet from the nearest neighbor which provides ample distance so as to not endanger persons residing or working in the neighborhood. E -3. There will be no hazardous materials or substances stored in the building which might otherwise constitute a hazard to the health or general welfare of persons residing or working in the neighborhood. E -4. Landscaping proposed along the westerly and southwesterly side of the property will protect and buffer neighboring residents so as to not jeopardize the orderly and harmonious growth of the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014 -006, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2014 -016 Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 15t" DAY OF MAY, 2014. LIM Zoning Administrator Resolution No. ZA2014 -016 Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (Except as modified by applicable conditions of approval.) 2. 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. 3. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined 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. 4. Any 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. 5. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 7. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP), geotechnical report, and a drainage and hydrology report for the proposed project, subject to the approval of the Building Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 8. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. Prior to issuance of building permits, the landscape plan shall be revised to include additional landscaping to screen the storage building from the Canyon Crest Complex property. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Zoning Administrator Resolution No. ZA2014 -016 Paqe 7 of 8 9. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 11. Construction of the structure shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 12. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Minor Use Permit. 13. Fire apparatus access roads pursuant to Newport Beach Guideline C.01 and C.02 shall be provided for every building. The fire apparatus access road shall extend to within 150 feet of all portions of the building and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 14. A fire apparatus access road shall be provided for the structure and the roadway shall have an unobstructed width of not less than 20 feet in width. The road shall be all weather and be able to support 72,000 pounds. 15. Dead end fire apparatus access roads in excess of 200 feet in length shall be provided with an approved cul -de -sac for turning around fire apparatus without backing up. 16. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01. The minimum width of any gate or opening necessary or required as a point of Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 4MBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 11. Construction of the structure shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 12. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Minor Use Permit. 13. Fire apparatus access roads pursuant to Newport Beach Guideline C.01 and C.02 shall be provided for every building. The fire apparatus access road shall extend to within 150 feet of all portions of the building and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 14. A fire apparatus access road shall be provided for the structure and the roadway shall have an unobstructed width of not less than 20 feet in width. The road shall be all weather and be able to support 72,000 pounds. 15. Dead end fire apparatus access roads in excess of 200 feet in length shall be provided with an approved cul -de -sac for turning around fire apparatus without backing up. 16. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01. The minimum width of any gate or opening necessary or required as a point of Zoning Administrator Resolution No. ZA2014 -016 Page 8 of 8 access shall be not less than 14 feet unobstructed width. This minimum width may be increased depending on the length of the approach. 17. An address shall be placed immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than four inches in height with a one -half inch stroke. 18. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code.