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HomeMy WebLinkAbout1588 - APPROVE UP AND MD_3636 NEWPORT BLVDRESOLUTION NO. 1588 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -051 AND MODIFICATION PERMIT NO. 2003 -023 (PA2002 -245) FOR PROPERTY LOCATED AT 3636 NEWPORT BOULEVARD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Christina Harer with respect to property located at 3636 Newport Boulevard, and legally described as a portion of Lot 3, Section 28, Tract No. 1117, requesting approval of Use Permit No. 2002 -051 authorizing the establishment of a vehicle sales and rental facility (limited) specializing in low speed electric vehicles and, modify the number of required off - street parking spaces from four (4) to three (3) and, approve Modification Permit No. 2003 -023 permitting the use of a tandem parking space for a commercial use. Section 2. A public hearing was held on February 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. 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 location of the proposed vehicle rental and sales dealership (limited) requiring this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) 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 pertains to the sale and rental of low speed electric vehicles to be established on an existing lot in a commercial area that is zoned for this use. The closest residences are located to the west across Newport Boulevard. The project has been conditioned to minimize impacts to the surrounding neighborhood by limiting the outdoor display of vehicles, the type of vehicle maintenance performed, and educating the electric vehicle operators of special vehicles codes applicable to low speed vehicles. 2. The reduction of one parking space is acceptable due to the location of the site as it is approximately 100 feet from the municipal parking lot located near the intersection of Central Avenue and Via Oporto. Additionally, metered parking is available on Central Avenue. City of Newport Beach Planning Commission Resolution No. 1588 Paae 2 of 4 3. The modification permit to allow tandem parking in a commercial district is a reasonable solution to maximize available on -site parking given the configuration of the subject property and the area available for vehicle parking. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 4. Based on the aforementioned findings, the Planning Commission approves Use Permit No. 2002 -051 and Modification Permit No. 2003 -023, subject to the conditions set forth in Exhibit "A ", the plans dated February 20, 2003. 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 20ti' DAY OF FEBRUARY 2003. AYES: Toerae, Agajanian. McDaniel, Gifford. Selich and Tucker EXCUSED: Kiser NOES: None Daniel, Vice Chairman B ant ajanian, Secretary City of Newport Beach Planning Commission Resolution No. 1588 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002 -051 AND MODIFICATION PERMIT NO. 2003 -023 The development shall be in substantial conformance with the approved floor plan/site plan, dated February 20, 2003. 2. Use Permit No. 2002 -051 and Modification Permit No. 2003 -023 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. Any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or substantial modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council should they 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. 5. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code and the Balboa Sign Overlay. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off-site, to advertise the vehicle dealership. 6. The project shall comply with State Disabled Access requirements, including handicapped parking requirements. 7. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 8. The hours of operation of the establishment shall be limited to 7:00 a.m. to 10:00 p.m. daily. 9. The use of pneumatic lifts, air compressors and air wrenches or hammers shall be prohibited in conjunction with this establishment. Additionally, activities associated with vehicle repair and maintenance shall be limited to the application of accessory items and minor mechanical adjustments. 10. The operator of the vehicle sales and rental facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be prohibited. The noise generated by the proposed use shall City of Newport Beach Planning Commission Resolution No. 1588 Page 4 of 4 comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: 11. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs is prohibited. 12. A minimum of three (3) parking spaces shall be provided on -site. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 13. The on -site parking lot shall remain available for employee and patron parking only. The parking or display of vehicles for sale or rental shall be prohibited in the required off - street parking spaces. 14. The display of one vehicle shall be limited to the portion of private property in front of the disabled parking space and shall be limited to a maximum of one (1) vehicle at any time. All vehicles shall be stored within the building when the use is not open for business. 15. Within 30 days of this approval, the operator shall submit to the Planning Department a handout outlining Vehicle Code sections that pertain to the types of vehicles sold or rented. This handout shall be reviewed and approved by the Newport Beach Police Department and Traffic Engineer. Once approved, this handout shall be given to all low -speed vehicle, electric vehicle, and golf cart buyers and renters at the time of the sale or rental transaction. 16. Within 30 days of this approval, the operator shall provide to the Newport Beach Fire Department a battery inventory that shall include the number of batteries, the amount of liquid provided per battery and information as to whether the batteries are vented or non - vented. The applicant is required to adhere to the recommendations and requirements of the Fire Department with regard to battery storage and venting for the life of this use permit. Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00am interior exterior interior exterior Measured at the property line of Commercially zoned property: NIA 65 dBA NIA 60 dBA Measured at the property line of Residentially zoned property: NIA 60 dBA NIA 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 11. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs is prohibited. 12. A minimum of three (3) parking spaces shall be provided on -site. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the Traffic Engineer. 13. The on -site parking lot shall remain available for employee and patron parking only. The parking or display of vehicles for sale or rental shall be prohibited in the required off - street parking spaces. 14. The display of one vehicle shall be limited to the portion of private property in front of the disabled parking space and shall be limited to a maximum of one (1) vehicle at any time. All vehicles shall be stored within the building when the use is not open for business. 15. Within 30 days of this approval, the operator shall submit to the Planning Department a handout outlining Vehicle Code sections that pertain to the types of vehicles sold or rented. This handout shall be reviewed and approved by the Newport Beach Police Department and Traffic Engineer. Once approved, this handout shall be given to all low -speed vehicle, electric vehicle, and golf cart buyers and renters at the time of the sale or rental transaction. 16. Within 30 days of this approval, the operator shall provide to the Newport Beach Fire Department a battery inventory that shall include the number of batteries, the amount of liquid provided per battery and information as to whether the batteries are vented or non - vented. The applicant is required to adhere to the recommendations and requirements of the Fire Department with regard to battery storage and venting for the life of this use permit.