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HomeMy WebLinkAboutZA2018-037 - A MINOR USE PERMIT TO APPROVE A VEHICLE SALES USE - 2230 BRISTOL STREETRESOLUTION NO. ZA2018-037 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-001 FOR A VEHICLE SALES USE LOCATED AT 2230 BRISTOL STREET (PA2017-264) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sohhei Moribe / Gulliver USA, Inc., with respect to property located at 2230 Bristol Street, and legally described as Parcel 1 of Parcel Map No. 96-165 requesting approval of a minor use permit. 2. The applicant proposes to operate a vehicle sales facility within an existing commercial building. No vehicle repair or maintenance will occur at the site. 3. The subject property is designated CG (General Commercial) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan (SP-7) – General Commercial Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 29, 2018 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing 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 hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines – Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. 2. This exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves minor alterations to the interior floor plan of an existing commercial space with no expansion in use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2018-037 Page 2 of 9 12-21-17 Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and greater region. Thus, the vehicle sales use is consistent with the CG land use category. 2. The property is located within the Santa Ana Heights Specific Plan, General Commercial Zoning District. The district is established to provide regulations for the commercial areas along South Bristol Street and to ensure the continuation of commercial uses, which offer a wide range of goods and services to both the surrounding residential an d business communities. It is intended to promote the upgraded aesthetic image of the community and reduce conflicts between commercial and residential uses. The project scope does not include any physical improvements that would result in increased floor area, height, or permanent structures onsite. The use would provide a commercial service to serve local residents and business community. Thus, the proposed use would comply with the standards contained within Section 20.90.110 (General Commercial District: SP-7 (GC)). 3. The existing commercial building on-site is setback from the rear property line approximately 144 feet, exceeding the required 10-foot minimum rear setback for commercial buildings abutting a residential district. The site is also separated from the adjacent residential property by a 6-foot-high slump block wall, consistent with the Specific Plan buffer requirements. Therefore, the proposed use provides an adequate buffer to the adjacent residential property and is consistent with the intent of the district to reduce conflicts between commercial and residential uses. 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: 1. The property is located in the Santa Ana Heights Specific Plan (SP-7) within the General Commercial Zoning District. There are no uses permitted by right within this Zoning District. The proposed vehicle sales use, which does include vehicle repair or maintenance, is a permitted use subject to the approval of a minor use permit pursuant to Newport Beach Municipal Code Section 20.90.110 (General Commercial District: SP- 7 (GC)). Zoning Administrator Resolution No. ZA2018-037 Page 3 of 9 12-21-17 2. The proposed use would also comply with Section 20.40.040 (Off-Street Parking) of the Zoning Code. The minimum parking requirement for vehicles sales uses is one space per 1,000 square feet of lot area. The property measures approximately 9,553 square feet in area. The project includes an aggregate of 18 parking spaces, inclusive of five dedicated customer spaces and 15 spaces allocated for employees and display. An additional two parking spaces would also be provided onsite for intermittent use (reserved for adjacent restaurant parking from 11:00 am to 2:00 pm Monday - Friday). 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: 1. The location of the proposed use is appropriate given that the establishment will be accessible from Bristol Street, which provides convenient access for customers visiting the site from the City and greater region. 2. A variety of commercial uses are located along Bristol Street, such as gas stations, fast food restaurants, offices, and vehicle related uses. The proposed use would be complementary to the surrounding automotive businesses and other commercial uses. 3. The existing commercial building onsite is 1,548 square feet in area. The proposed floor plan includes a show room, office/reception area, bathrooms, and mechanical rooms. There would be no vehicle repair or maintenance onsite. The use would be a small- scale vehicle sales facility that would be compatible with other allowed uses in the vicinity, including the residential uses to the rear of the property. 4. As conditioned, the allowed hours of operation will be 9:00 a.m. to 6:00 p.m. daily, which would minimize any nuisances to residents living near the rear of the property. 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: 1. The project site is located within an established commercial district that contains adequate public services and utilities. 2. The Fire Department found no deficiencies with the proposed use and adequate public and emergency vehicle access is provided. Zoning Administrator Resolution No. ZA2018-037 Page 4 of 9 12-21-17 3. Any proposed site improvements must comply with applicable provisions of the Zoning Code and all Building, Public Works, and Fire Codes. 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: 1. Conditions of approval such as those which limit the hours of operation and deliveries, prohibit vehicle repair and maintenance, require trash receptacles, and prohibit excessive signage are included to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the customers of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-001, 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 following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF MARCH, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-037 Page 5 of 9 12-21-17 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. All proposed signs shall be in conformance provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Test driving of vehicles shall be prohibited on all residential streets. 4. Delivery, including unloading and loading of vehicles, must be done onsite. 5. The use of banners, pennants, balloons, windshield signs, moving signs, or flashing or animated electrical signs is prohibited. 6. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m., daily. 7. Discharge of waste material or paint products into the storm drain system shall be prohibited. Used oil, lubricants, and other hazardous or toxic materials shall be properly stored and collected within the vehicle service buildings. Provisions shall be made for the Appropriate collection, storage, and disposal of used oil, lubricants and other hazardous or toxic materials in applicable law. 8. Use of the building shall be limited to motor vehicle sales only. No motor vehicle repair or service is permitted on-site. 9. No storage or display of motor vehicles is permitted in any of the five identified customer parking spaces or vehicle maneuvering space. 10. Delivery and/or transport vehicles shall not idle or stage within residential areas. 11. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside. All vehicles parked onsite shall be operable; no wrecked vehicles are permitted. 12. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. 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. Zoning Administrator Resolution No. ZA2018-037 Page 6 of 9 12-21-17 14. 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. 15. 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 Use Permit. 16. 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. 17. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 18. All landscape materials and irrigation systems 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. 19. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets, adjacent sites and residences above, or create a public nuisance. New “Walpak” type fixtures are not permitted. 20. 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. 21. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 22. 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: Zoning Administrator Resolution No. ZA2018-037 Page 7 of 9 12-21-17 Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 23. 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. 24. Construction activities 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. 25. No outside paging system shall be utilized in conjunction with this establishment. 26. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 27. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 28. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 29. 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). 30. Deliveries, including of vehicles, and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Minor Use Permit. Zoning Administrator Resolution No. ZA2018-037 Page 8 of 9 12-21-17 31. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure and display vehicles. 32. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 33. 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. 34. 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 Gulliver Vehicle Sales including, but not limited to, Minor User Permit No. UP2018-001 (PA2017-264). 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 Conditions 35. Gas-fueled vehicles, or other motor craft shall not be located indoors except as follows:  Batteries are disconnected.  Fuel in fuel tanks does not exceed one-quart tank or 5 gallons (whichever is least).  Fuel tanks and fill openings are closed and sealed to prevent tampering.  Vehicles, boats, or other motor craft equipment are not fueled or defueled within the building. (California Fire Code (CFC) Section 314.4). Building Division Conditions 36. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Zoning Administrator Resolution No. ZA2018-037 Page 9 of 9 12-21-17 37. Prior to operation, plans shall be submitted and reviewed by the Building Official to ensure compliance with accessible path of travel Code requirements. Accessibility is required for the following (IIB):  Entry Door  Show Room  Bathroom(s)