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HomeMy WebLinkAbout1726 - APPROVE UP_20061 BIRCH STREETRESOLUTION NO. 1726 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -028 TO ALLOW A LIMOUSINE SERVICE FOR THE PROPERTY LOCATED AT 20061 BIRCH STREET (PA2006 -227) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Todd Coye with respect to property located at 20061 Birch Street and legally described as Lot 84 of Tract No. 706 requesting approval to operate a limousine service; and WHEREAS, a public hearing was held on July 19, 2007, in the City Hall Council Chambers at 3300 Newport Boulevard, Newport Beach, California. A notice of 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; and WHEREAS, the General Plan land use category for this site is General Commercial Office (CO -G) which provides for a variety of offices with limited accessory retail and service uses; and WHEREAS, the site is located in the Specific Plan #7 (Santa Ana Heights) District with a land use designation of Business Park [SP -7 (BP)] which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development and limited light industrial uses; and WHEREAS, consistent with required findings for approval of a Use Permit as set forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are made: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. Facts in Support of Finding: a. The project site is located in the Business Park District of the Santa Ana Heights Specific Plan (SP -7), which is intended to provide office, commercial, and limited light industrial uses. b. Automobile rental agencies are a permitted use pursuant to the approval of a Use Permit. Staff considers the proposed limousine service to be a land use similar to that of an auto rental agency for purposes of applying standards of the Zoning Code. City of Newport Beach Planning Commission Resolution No. _ Page 2 of 5 c. The property is not located adjacent to a Residential Equestrian District (REQ) where this type of use is not permitted. 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: a. The operational characteristics of the proposed limousine service are comparable to that of an administrative office and accessory service use, which is consistent with the General Commercial Office (CO -G) land use category. b. The proposed limousine service will be conditioned to limit the number of vehicles stored on the site and prohibit onsite washing, detailing, repair, and maintenance. 3. Finding: That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: a. The project has been conditioned to comply with the design guidelines of Section 20.44.020 of the Municipal Code and Section 20.44.050 as they relate to the operation of the proposed project. b. The project has been reviewed and conditioned to ensure that potential conflicts to the surrounding land uses are minimized to the greatest extent possible. Therefore, the project meets the purpose and intent of Chapter 20.44 of the Municipal Code by ensuring that well planned business parks and commercial developments are adequately buffered from residential neighborhoods. WHEREAS, the project has been reviewed, and it has been determined that it is categorically exempt pursuant to Section 15301 under Class 1 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -006, subject to the Conditions set forth in Exhibit "A." City of Newport Beach Planning Commission Resolution No. _ Pape 3 of 5 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 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 19th DAY OF JULY 2007. AYES: Eaton, Peotter, Cole, Hawkins, McDaniel and Toerge EXCUSED: Hillgren BY: t Robert Hawkins, Ch &irman Y: . ra Igr , Secretary City of Newport Beach Planning Commission Resolution No. _ Paqe 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -028 PROJECT SPECIFIC CONDITIONS 1. The development shall be built and operated in substantial conformance with the approved plot plan and floor plans, stamped and dated July 19, 2007. 2. Use Permit No. 2006 -028 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 changes in operational characteristics or expansion in floor area shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. All limousines on the site must be parked in the 'limo storage area" noted on the plans. 5. The limousine service is limited to four limousines and two sedans. Additional vehicles used for the business that do not change the operational characteristics can be approved by the Planning Director. 6. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 7. No vehicles shall be parked or stored in the public right -of -way. 8. No vehicle washing or detailing shall be conducted onsite or within the public right -of -way. 9. No vehicle repair or maintenance shall be conducted onsite or within the public right -of -way. 10. A minimum of 4 parking spaces including 1 handicapped space must be available on site for the limousine service at all times. 11. The 10 -foot landscaped area shall be bermed at a 3:1 slope and planted with materials consistent with Section 20.44.020.C. 1.a of the Zoning Code. 12. Exterior materials shall be treated in a manner consistent with Section 20.44.020.8.2 of the Zoning Code. 13. Fencing shall consist of PCV, wood or other fencing consistent with Section 20.44.020.C.5.a of the Zoning Code and not exceeding 6 feet in height. Barbed wire, razor wire, or other sharp pointed material shall not be permitted. City of Newport Beach Planning Commission Resolution No. _ Pape 5 of 5 STANDARD CONDITIONS 14. Should the business subject to the Use Permit conditioned herein be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 15. The applicant shall comply with all federal, State, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 16. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. All landscape materials and landscaped areas shall be installed and 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. 18. All proposed signs shall be in conformance with the provision of Chapter 20.44 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 19. This Use Permit will expire five (5) years from the approval date. Upon expiration, the applicant may apply to renew the Use Permit. The granting of an extension will be at the Planning Director level, unless the use is not in substantial conformance with the original approval.