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:
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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)).
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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.
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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
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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. 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.
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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:
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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.
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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.
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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)