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HomeMy WebLinkAbout1721 - APPROVE UP_1601 16TH STREET.RESOLUTION NO. 1721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -005 TO ALLOW THE CONSTRUCTION OF A 2,436 SQUARE -FOOT BUILDING AND A 6,099 SQUARE -FOOT BUILDING ON PROPERTY LOCATED AT 1601 161h STREET (PA2007 -030) WHEREAS, an application was filed by the Environmental Nature Center (ENC) with respect to property located at 1601 16th Street, and legally described as Parcel 1 of Parcel Map No. 99 -139, requesting approval of a Use Permit to allow the ENC to demolish the existing 1,894 square foot modular building and replace it with two building comprising 8,535 square feet of floor area; and WHEREAS, a public hearing was held on May 3, 2007, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website; and WHEREAS, the proposed project is consistent with the Land Use Element of the General Plan, which designates the property as Private Institutional with maximum floor area ratio of 0.50 (P.I. 0.5). The PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The existing ENC is operated by a nonprofit organization, privately owned cultural institution that preserves and displays object of sciences both indoors and outdoors for public benefit. The proposed FAR for the subject property is 0.20. The proposed project presents no conflict with the policies of the General Plan; and WHEREAS, the subject property is located within the Governmental, Educational and Institutional Facilities (GEIF) District. The existing ENC is a permitted use in this district. However, the proposed expansion to an existing permitted use requires an approval of a Use Permit pursuant to Section 20.25.020(D) of the Zoning Code (GEIF District: Additional Land Use Regulations). This Section states that an approval of a use permit consistent with the provisions of Chapter 20.91 is required for any expansion or changes in the operation characteristics of an existing use within this zoning district. The applicant, therefore, is seeking approval of this Use Permit request. All development regulations of the GEIF District would be met, including structure height limitations and floor area limits; and WHEREAS, the Planning Commission is required to make the following findings for approval of a Use Permit pursuant to Section 20.91.035 of the Zoning Code: 1. Finding: That the proposed location of the use is in accord with the objectives of this Code and the purposes of the District in which the site is located. City of Newport Beach Planning Commission Resolution No. Paqe 2 of 6 Facts in Support of Finding: The purpose of the GEIF District is to accommodate the establishment or expansion of large public and semipublic uses. An approval of a Use Permit in accordance with the provisions of Chapter 20.91 to expand the existing facility and to operate the ENC is consistent with this purpose and with that of the Zoning Code, which is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be 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. Facts in Support of Finding: The existing facility has been operating at this location since 1972 and has not proven to conflict with surrounding uses or proven inconsistent with the surrounding area within the GEIF District. The proposed new buildings have been designed to meet all of the development regulations of the GEIF District. The operational characteristics and function of the ENC at this location will not substantially change from that of the existing privately owned cultural institution which has not proven to be detrimental to the surrounding area or the City. 3. Finding: That the proposed use will comply with the provisions of this code, including specific conditions for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed expansion to the existing ENC has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized, or eliminated, to the greatest extent possible. No specific conditions for cultural institutions are contained in the Municipal Code other than the provision of on -site parking requirement of one space for every 300 square feet gross floor area, with which the project has complied. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. The demolition of an existing 1,894 square foot modular building and replacement with a 2,436 square -foot building and a 6,099 square -foot building comprising a total of 6,641 square feet of net increase in floor area will not result in an increase of more than 10,000 square feet in size. The project is located in a developed area where all public services and facilities are available to allow for the maximum development permissible in the Newport Beach General Plan of 0.50 floor area ratio (FAR). The City of Newport Beach Planning Commission Resolution No. _ Page 3 of 6 proposed FAR for the subject property is 0.20, well within the maximum allowable building square footage. WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -005, subject to the Conditions 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 provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF MAY 2007. AYES: Peotter, Hawkins, Cole, McDaniel Toerge and Hillgren RECUSED: Eaton City of Newport Beach Planning Commission Resolution No. Pape 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -005 Conditions in bold - italics are project specific conditions. All others are standard conditions. Planning Department 1. The development shall be in substantial conformance with the approved site and floor plans dated March 22, 2007. 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. Use Permit No. 2007 -005 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. 4. To the fullest extent permitted by law, the 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 Use Permit; and/or the City's related California Environmental Quality Act determinations. 5. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 6. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. 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. City of Newport Beach Planning Commission Resolution No. Pape 5 of 6 7. Signs shall be regulated by the Chapter 20.67 (Signs) of the Newport Beach Municipal Code. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 10. A new trash enclosure shall be provided. Prior to the issuance of building permit, trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the new buildings. 11. The applicant shall ensure that all trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, Water and Sewers of the Municipal Code. 12. The overnight camping program shall be limited to organized youth groups. The maximum student enrollment for each stay shall be 20 students with a minimum of one staff in attendance. The length of each stay for each group shall be one night from 3:00 p.m. to 10:00 a.m., the following day. The camping area shall be located in close proximity to the existing fire pit and restroom facilities. 13. The shower facility shall be available for staff use only or in the event of emergency situations. Public Works Department 14. All improvements shall be constructed as required by Ordinance and the Public Works Department. In case of damages caused by the private work, additional public works improvements may be required at the discretion of the Public Works Department. 15. The proposed curb access ramps to be constructed along the 16"' Street frontage shall each have a minimum 5' radius curb return. City of Newport Beach Planning Commission Resolution No. Pape 6 of 6 16. All proposed public improvements shall be subject to the review and approval by the Public Works Department during building permit plan check process. 17. A double backflow preventer shall be installed per City Standards. 18. A water meter and a sewer cleanout shall be installed within the public right -of -way to serve the proposed expansion. Each shall be installed with a traffic -grade frame and cover. 19. County Sanitation District fees shall be paid prior to issuance of any building permits. Building Departments 20. 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 California Building Code. 21. Prior to the issuance of building permits for the new buildings, the applicant shall provide to the Building Department a copy of an executed lease agreement with the Newport Mesa School District stating the removal of the butterfly enclosure upon the expiration of the lease agreement.