HomeMy WebLinkAbout2011-96 - Vehicle Storage Facility 1301 Quail Street Approving UP2011-024 & MD2011-012RESOLUTION NO. 2011 -96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -024
AND MODIFICATION PERMIT NO. MD2011 -012 FOR A VEHICLE
STORAGE FACILITY LOCATED AT 1301 QUAIL STREET
(PA2011 -076)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1.) STATEMENT OF FACTS.
1. An application was filed by Fletcher Jones Motorcars, with respect to property located at
1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as
recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting
approval of a planned development amendment, use permit, and modification permit.
2. The applicant requests approval of a planned development amendment to the Newport
Place Planned Community to allow vehicle storage as a conditionally permitted use,
conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport
Place Planned Community), and a modification permit to allow minor deviations to the
landscape development standards. The site does not comply with the landscape
development standards, which require one tree to be planted for every five parking
spaces within all parking areas and one tree for every 25 linear feet along interior
property lines. The site is currently utilized for outdoor storage of vehicle inventory
associated with Fletcher Jones Motorcars, which was previously approved for a limited
duration.
3. The subject property is located within the Hotel Site 2 -B Sub -Area of the PC -11 (Newport
Place Planned Community) Zoning District and the General Plan Land Use Element
category is MU -H2 (Mixed -Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 18, 2011, 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.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
6. At the August 18, 2011 hearing, the Planning Commission received public comments
and voted (7 ayes and 0 noes) to recommend approval of the Planned Development
Amendment, Conditional Use Permit, and Modification Permit.
7. A public hearing was held on September 27, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting. The item was
continued to the October 11, 2011 City Council Meeting.
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8. A public hearing was held on October 11, 2011, 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.
Evidence, both written and oral, was presented to, and considered by, the City Council
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 under Class 1 (Existing Facilities).
2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the entitlement of an existing vehicle storage
facility. No expansion of the existing use is proposed. Therefore, the use qualifies for a
categorical exemption under Class 1.
3. The City Council 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, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Use Permit
In accordance with Section 20.52.020.E (Use Permit, Required Findings) 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 site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use
Element. This designation allows for horizontal and vertical mixed -use development
including regional commercial office, multi - family residential, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed vehicle storage facility is
consistent with these land use designations.
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A -2. The proposed application will allow the existing vehicle storage use to remain and will not
result in a change to the existing floor area or hotel room entitlements. Anomaly No. 17 of
the Land Use Element of the General Plan limits the subject property to the development
of 33,292 square feet of gross floor area and 304 hotel rooms.
A -3. The planned development amendment complies with relevant General Plan policies, the
new use is compatible with surrounding land uses, and the addition of vehicle storage as
a conditionally permitted use at this site within the Newport Place Planned Community is
consistent with other land use standards within the planned community.
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 the Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. The subject property is within the Hotel Site 2 -B sub -area of the PC -11 (Newport Place
Planned Community) zoning district. The purpose of the support commercial
designations within Newport Place are to allow a variety of retail sales and services of a
convenience nature, service uses for building tenants and patrons, and restaurants. The
existing vehicle storage facility is retail in nature. It is anticipated that the use will have
limited parking demand based on the characteristics of the vehicle storage use. The use
is adequately screened from the surrounding properties and will be consistent with the
Development Plan for Newport Place upon the adoption of the Planned Development
Amendment.
B -2. The vehicle storage facility is an existing use that was originally permitted for a limited
duration in 2003 under Use Permit No. UP2003 -037 (PA2003 -222) and subsequent
Use Permit No. UP2007 -001 (PA2007 -022). The proposed project allows the vehicle
storage facility to continue as a permanent use. The establishment has proven to be
compatible with surrounding land uses including the nearby office buildings and retail
shopping center.
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 daily hours of operation are limited to the hours of 5:00 a.m. and 10:00 p.m.
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C -2. One parking space per 250 square feet of gross floor area is required for the subject
property and there is no off -site parking related to the vehicle storage use. A guardhouse
is utilized for security purposes only. Two on -site parking spaces for employees are
adequate since the general public and customers are prohibited from accessing the
project site. All employees are required to park on -site.
C -3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. No vehicle repair or service activities are
permitted on -site. No outdoor paging system is in existence or is permitted on -site. No
signs or identification exist on -site. All loading and unloading of vehicle transports are
conducted on -site.
C -4. The subject property is currently developed to accommodate approximately 519
vehicles, which are screened from the adjacent rights -of -way along Quail Street,
Spruce Street, and Bristol Street. Fencing consists of chain link with solid slats and is
fully screened with green landscape. The fence does not exceed eight feet in height.
C -5. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
way. The vehicle storage facility is not located near residential uses and the use is
characterized by operations which would not result in negative impacts to adjacent
properties as a result of noise, odor, or aesthetics.
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. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Per Fire Department requirements, a fire apparatus
roadway, minimum 20 -feet in width, will be maintained.
D -2. The project will comply with all Building, Public Works, and Fire Codes. All ordinances
of the City and all conditions of approval will be complied with.
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, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
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Facts in Support of Finding:
E -1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible.
E -2. All requirements of the Drainage Area Management Plan within the Orange County
NPDES Storm Water Program have been met and are being maintained.
E -3. The site has been utilized for vehicle storage inventory since 2003 and has not proven
detrimental to the surrounding community.
Modification Permit
In accordance with Section 20.52.050 (Modification Permits), the City Council must also
make the following findings for approval of a modification permit:
Findin :
F. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
F -1. The existing landscaping provided at the project site is compatible with the
surrounding office and retail development. Existing ground cover, shrubs, and trees
are provided to soften the aesthetics of the vehicle storage facility and seamlessly
connect the property boundaries with adjacent development.
F -2. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
way. The vehicle storage facility was previously established as a temporary use. The
facility has been compatible with existing development over the past eight years since
it was developed.
F -3. 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.
Finding:
G. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
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Facts in Support of Finding:
G -1. The vehicle storage facility is not a parking area that serves a commercial use or is
accessible to the general public. The site and vehicles are fully screened from the
adjacent streets and properties by fences and landscaping.
G -2. One tree per 25 lineal feet of the interior east property line is not provided because the
landscape area provided is too narrow to plant trees on the subject property and trees
and landscaping are provided on the adjacent property. The existing deviations to the
landscape development standards would remain.
Finding:
H. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
H -1. Sufficient landscaping consisting of ground cover, shrubs, and trees is already
provided on the subject property and sufficient screening is provided to conceal the
vehicles stored on -site from adjacent public- rights -of -way and adjacent properties.
Finding:
There are no alternatives to the Modification Permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1 -1. The provision of the required trees per the landscape development standards of PC -11
(Newport Place Planned Community) would result in a reduction in the number of
vehicles that could be stored at the subject property and would also reduce the width
of the drive aisles.
1 -2. The project is comprised of a surface parking lot with a small 200 - square -foot security
building. The vehicle storage facility is existing and has not proven to be a detriment to
surrounding owners, occupants, the neighborhood, or the general public. Minor
deviations from the landscape development standards would eliminate the need for
future construction and allow the use to continue.
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Finding:
J. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
J -1. The deviation from the landscape development standards will not result in any
detriment to public health, safety, or welfare.
J -2. The landscaping deviation will not change the density or intensity of the existing
commercial use.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
1. The City Council of the City of Newport Beach hereby approves Use Permit No. UP2011-
024 and Modification Permit No. MD2011 -012 subject to the conditions set forth in
Exhibit A, which is attached hereto and incorporated by reference.
2. This resolution shall take become final and effective thirty (30) days after the date of
adoption of Ordinance No. 2011 -##.
3. This resolution supersedes Use Permit No. UP2003 -037 (PA2003 -222) and Use
Permit No. UP2007 -001 (PA2007 -022), which upon vesting of the rights authorized by
this use permit, shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 11th DAY O) OCTOBER, 2011.
ATT(EES�T ::�M� 0�"" v"- J�ti, i
CITY CLERK
MAYOR
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
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. Planned Development Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and
Modification Permit No. MD2011 -012 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This Use Permit may be modified or revoked by the City Council or Planning
Commission 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. The applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Division.
9. Members of the general public or customers are not permitted onsite. The daily hours
of operation shall be limited between the hours of 5:00 a.m. and 10:00 p.m. Any
increase in the hours of operation shall be subject to the approval of the Community
Development Director and may require an amendment to this use permit. Use of noise
generating mechanical equipment, including but not limited to compressors or impact
wrenches shall be limited between the daily hours of 8:00 a.m. and 8:00 p.m.
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10. At least one parking space for each 250 square feet of gross floor area shall be
provided for employees of the proposed facility, but not less than two spaces.
11. All loading and unloading of vehicle transports shall be done on -site, unless otherwise
approved by the City Traffic Engineer in conjunction with the approval of an off - loading
plan.
12. No vehicles shall be parked or otherwise stored on Bristol Street, Spruce Street, Quail
Street or any other public street, public property or private property.
13. Unless an amended use permit is approved by the City Council or Planning Commission,
automobile service (including outdoor storage of auto related parts or merchandise),
repairs or body and fender repairs or painting as defined in Section 20.70.020(b) of the
Newport Beach Municipal Code is prohibited on -site.
14. The boundary fence shall be of solid material or chain link fencing with solid slats. The
fence shall not exceed eight feet in overall height.
15. 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.
16. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
17. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the proposed establishment, unless specifically
permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary
signs shall be prohibited in the public right -of -way, unless otherwise approved by the
Public Works Department in conjunction with the issuance of an encroachment permit or
encroachment agreement.
18. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the
Newport Beach Municipal Code.
19. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by employees, vehicles, and
mechanical equipment. 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 noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.
The maximum noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
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20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
21. 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.
22. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this
permit.
24. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and roof), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
25. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
26. The applicant shall ensure that the 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
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
27. The operator of the use shall be responsible for the clean up of all on -site and off -site
trash, garbage and litter generated by the use.
28. The area outside of the facility (including the public sidewalks, walkways, and /or
common walkways) shall be maintained in a clean and orderly manner.
Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:00 a.m.
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
21. 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.
22. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this
permit.
24. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and roof), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
25. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
26. The applicant shall ensure that the 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
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
27. The operator of the use shall be responsible for the clean up of all on -site and off -site
trash, garbage and litter generated by the use.
28. The area outside of the facility (including the public sidewalks, walkways, and /or
common walkways) shall be maintained in a clean and orderly manner.
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29. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of vehicle inventory and the required trash container
enclosure.
30. 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 Fletcher Jones Vehicle Storage Facility including,
but not limited to, the Conditional Use Permit No. UP2011 -024 and Modification
Permit No. MD2011 -012. 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.
Fire Department and Building Division Conditions
31. A fire apparatus access roadway shall be provided and maintained throughout the
parking area and have an unobstructed width of not less than 20 feet.
32. 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 Division.
33. The project shall comply with State Disabled Access requirements, unless otherwise
approved by the Building Division.
34. The facility shall comply with the Drainage Area Management Plan within the Orange
County NPDES Storm Water Program. The applicant or the property owner shall
incorporate Best Management Practices in compliance with the clean urban runoff
condition of this use permit; and complete the installation or implementation of the
recommendations of the Public Works Department and Building Division. This may
include the introduction of on -site structural and /or non - structural BMP's (Best
Management Practices) facilities or apparatus.
35. The on site area drains that are connected to curb drains that outlet to the public streets
shall serve only as a storm overflow outlet.
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Public Works Conditions
36. The intersection of the private drives, Spruce Street and Quail Street shall provide
sight distance for a speed of 45 miles per hour. Slopes, landscape walls, and other
obstructions shall not be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed 24 inches in height. The sight distance
requirements may be modified at non - critical locations, subject to the approval of the
City Traffic Engineer.
37. All on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to the approval of the City Traffic Engineer or Public Works Department
designee. The parking spaces shall meet current parking size standards, unless
otherwise approved by the City Traffic Engineer. Vehicular access shall be subject to
the approval of the City Traffic Engineer and the Fire Department.
38. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -96 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
October, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Selich, Curry, Daigle, Mayor Henn
Noes: Gardner
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of October, 2011.
V h' V V
City Clerk
Newport Beach, California
(Seal)