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HomeMy WebLinkAbout1804 - APPROVE AMENDMENT NO. 2 TO UP_ EXISTING AUTOMOBILE DEALERSHIP_ 445 EAST COAST HWYRESOLUTION NO. 1804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 2 TO USE PERMIT NO. UP3660 TO ALLOW THE ADDITION OF 4,998 SQUARE FEET TO EXISTING SHOWROOM AREAS, A NEW SERVICE CANOPY, AND CHANGES TO THE BUILDING FACADE OF THE EXISTING AUTOMOBILE DEALERSHIP LOCATED AT 445 EAST COAST HIGHWAY (PA2010 -012) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Larry Tidball of Stantec Architecture, Inc., representing the property owner, Newport Beach Cars, LLC, with respect to property located at 445 East Coast Highway, and legally described as Parcel 1 of Resubdivision 202, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 25, Page 46 of parcel maps, in the office of the County Recorder of the County of Orange, California, requesting approval of a use permit amendment. 2. The applicant requests approval of a second use permit amendment to allow the addition of 4,998 square feet in place of the previous approval for the 6,302 square - foot Audi service building at the Newport Auto Center. The proposed project includes the enclosure of an existing 405 square -foot patio area to the Porsche showroom, the addition of 4,593 square feet to the Audi vehicle showroom, the addition of a 900 square -foot open Audi service canopy, and wrapping of the north and northwest building frontage with a new aluminum composite fagade along the East Coast Highway elevations. The on -site parking will provide a total of 314 parking spaces, including indoor and outdoor vehicle display areas. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -A). 5. A public hearing was held on April 8, 2010 in the Central Library, 1000 Avocado, 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. 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 3 (New Construction or Conversion of Small Structures). Planning Commission Resolution No. 1804 Paqe 2 of 11 2. The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject property is zoned for retail use where vehicle sales are permitted with the approval of a use permit. The proposed additions to the existing automobile showrooms do not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves the addition of 4,998 square feet within an urbanized area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035.A (Required Findings for Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The project is located in the Retail and Service Commercial (RSC) Zoning District, which provides areas that are predominantly retail in character as well as some service office uses. The Zoning Code identifies the vehicle /equipment sales and vehicle /equipment repair use classifications as permitted uses with use permit approval in the RSC Zoning District. Newport Auto Center has applied for the required approvals and is therefore consistent with permitted uses identified in the Zoning Code. A -2. The project will revitalize the subject property and provide an economic opportunity for the property owner to update the appearance of the automobile dealership, which serves the surrounding community. Finding: B. 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. Tmplt: 01/14/10 Planning Commission Resolution No. 1804 Paqe 3 of 11 Facts in Support of Finding: B -1. The General Plan land use category for this site is General Commercial (CG). The CG category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The retail sale and service of automobiles is consistent with this land use category and has received the required use permit approvals to operate at the subject property. B -2. The project has been conditioned to ensure compatibility with the surrounding community. Conditions are included to provide adequate maintenance of the subject property, including provisions for on -site trash areas and exterior maintenance of the project site. Department - specific conditions have been added requiring the addition of fire sprinklers to new portions of the automobile dealership and the recordation of a new drainage easement in place of the current easement, which is in conflict with the proposed addition. B -3. The project is consistent with relevant General Plan policies regarding architectural compatibility with surrounding development and parking adequacy. The project increases tax revenues that create a City -wide economic benefit. Finding: C. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. Facts in Support of Finding: C -1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent feasible. 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 automobile dealership and adjacent properties during business hours, if directly related to the patrons of the subject property. C -2. The project has been conditioned to require an amendment to the existing sign program for any additional signage proposed in relation to the project addition. This separate discretionary approval will regulate signage within the project site. C -3. Adequate parking is provided on -site and the proposed development complies with the height limit and required setbacks for the RSC Zoning District. Tmplt: 01/14110 Planning Commission Resolution No. 1804 Page 4 of 11 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Amendment No. 2 to Use Permit No. UP3660 (PA2010 -012) to allow the addition of 4,998 square feet to the automobile showroom areas in lieu of the 6,302 square -foot Audi service center that was previously approved under Amendment No. 1 to Use Permit No. UP3660 (PA2002 -227) 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 fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 8T" DAY OF APRIL, 2010. AYES: Eaton, Unsworth, Peotter, Hawkins, and McDaniel NOES: Hillgren EXCUSED: Toerge BY: v Robert Hawkins, Ch Irman BY: U-LJ G) '�� Charles Unsworth, Secretary Tmplt 01/14110 Planning Commission Resolution No. 1804 Page 5 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) :2 Wall Lq Ikq IIRN 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated March 29, 2010. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 5. 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 Department. 6. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the California Coastal Commission that the proposed project does not require a coastal development permit under the California Coastal Act or obtain California Coastal Commission approval of the project. 7. The subject property shall provide 186 parking spaces on -site, exclusive of vehicle display and storage. No vehicles shall be displayed in landscaped areas on -site. 8. Seventy (70) of the 186 required parking spaces shall be reserved exclusively for employee parking. These spaces shall be physically identified with signage and /or painted markings at all times. All employees shall park personal vehicles on -site. Employee parking spaces shall be accessible for employee vehicles at all times and shall not be used for vehicle storage or display, customer parking, or any other use. 9. The location, number, and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated March 29, 2010. The final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. 10. Unloading or loading of vehicles from or on -to auto transport vehicles shall take place on- site. The unloading, staging, or storing of vehicles for sale or service within the vicinity of the project site shall only occur on the subject property. Tmplt: 01/14/10 Planning Commission Resolution No. 1804 Paae 6 of 11 11. Test driving of vehicles shall be prohibited on all residential streets. 12. Vehicle service shall be performed entirely within the service buildings. No vehicle service or repair shall take place in any parking space or drive aisle. 13. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of vehicle display areas and the required trash container enclosure. 14. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside. 15. Full -sized vehicles shall not be stored or displayed in compact spaces such that they extend into traffic aisles. 16. All customers and vehicle service parking areas shall be screened from adjacent properties by 8 -foot high upper perforated decorative masonry walls. The applicant shall provide a solid access gate along Bayside Drive. 17. A 10 -foot landscape setback shall be maintained along the property line adjacent to Bayside Drive. 18. Washing of automobiles on -site shall be limited to only those vehicles owned by the subject dealership or those that are otherwise on -site for servicing. The washing of automobiles shall be ancillary to the sales and service operation on -site. Vehicles shall be washed only at the approved wash racks and no portable wash racks shall be utilized on -site. 19. 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. 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily. 21. 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. 22. 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. Tmplt: 01/14/10 Planning Commission Resolution No. 1804 Pace 7 of 11 23. 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. 24. 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 Department. 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). 25. All mechanical equipment and trash areas shall be fully screened from view from East Coast Highway, Bayside Drive, and the surrounding properties (including from above) and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code. 26. All signs on the subject property shall be in conformance with the sign matrix and conditions of approval for the Comprehensive Sign Program as approved per Modification Permit No. MD2004 -092 (PA2004 -278) and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 27. The use of banners, pennants, balloons, windshield signs, moving signs, or flashing or animated electrical signs is prohibited. 28. 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 Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 29. Site lighting shall be designed so light generated on -site does not spill on to adjoining properties or rights -of -way. On -site lighting shall be designed so that light sources are not visible from East Coast Highway, Bayside Drive, or from adjacent properties. 30. After hours lighting is limited to security lighting except for the existing seven (7) light standards located along East Coast Highway, which may stay illuminated until midnight, daily. Should the City receive complaints regarding after hours lighting, the Planning Director may require additional shields or hoods on existing fixtures, the lowering of light standards, the reduction in the amount of lighting used, or any other measure necessary to eliminate light spillage on to neighboring properties. 31. Prior to final building inspection, the applicant shall arrange a site inspection with the Code Enforcement and Water Quality Division and /or the Planning Department to ensure that site lighting does not spill on to adjoining properties and verify compliance with the conditions of approval. Tmplt: 01/14/10 Planning Commission Resolution No. 1804 Paae 8 of 11 32. The hours of operation of the establishment shall be limited to the following: Day Sales I service Monday - Friday 7:00 a.m. - 8:00 p.m. 7:00 a.m. - 7:00 pm. Saturday 9:00 a.m. - 7:00 p.m. 8:00 a.m. - 4:00 p.m. Sunda 10:00 a.m. - 6:00 p.m. Closed 33. 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. 34. 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. 35. 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 systems, or sound systems shall be prohibited. 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: 36. The existing trees and landscaping on -site shall be maintained in place. The applicant shall submit a landscape plan to the Planning Director for review and approval prior to the issuance of building permits. The landscaping on -site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 37. 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. Tmplt: 01114/10 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial pro ert 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 36. The existing trees and landscaping on -site shall be maintained in place. The applicant shall submit a landscape plan to the Planning Director for review and approval prior to the issuance of building permits. The landscaping on -site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 37. 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. Tmplt: 01114/10 Planning Commission Resolution No. 1804 Pace 9 of 11 38. 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. 39. Amendment No. 2 to Use Permit No. UP3660 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. 40. This Use Permit may be modified or revoked by the 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. Fire Department Conditions 41. Automatic fire sprinklers shall be required for all new construction including the new service canopy. The sprinkler system shall be monitored by a UL certified alarm service company. 42. 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 Newport Beach Building Department and Fire Department. 43. Prior to the issuance of building permits, any existing on -site fire hydrants found to be blocked by parking spaces shall be relocated to a location approved by the Fire Department. Building Department Conditions 44. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The project shall comply with all applicable State Disabilities Access requirements, including handicap parking requirements. 45. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Tmpll: 01/14/10 Planning Commission Resolution No. 1804 Paoe 10 of 11 Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 46. The establishment shall comply with all applicable Federal, State, County, and City water quality regulations for the life of this use permit. 47. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 48. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 49. All wash water shall drain into the sanitary sewer system and the wash area drains shall be equipped with grease traps unless otherwise approved by the Building Department. 50. Automobile wash facilities shall be designed in a manner that will prevent rain water from entering the sewer system. The wash facility shall provide a roofed washing area and curbing along the perimeter of raised surfaces of the wash facilities. The exact design shall be reviewed and approved by the Building, Public Works, and Planning Departments. TmpIC 01114110 Planning Commission Resolution No. 1804 Paae 11 of 11 Public Works Conditions 51. County Sanitation District fees shall be paid prior to the issuance of any building permits. 52. A portion of the 15 -foot wide storm drain easement with an 18 -inch storm drain shall be relocated. The new location of the easement shall be recorded prior to the issuance of building permits for the addition to the Audi showroom. 53. Existing on -site private drains connected to the existing 18 -inch City storm drain shall be retrofitted to comply with current City water quality ordinances. 54. A City encroachment permit and agreement shall be obtained for the existing block wall over the existing 15 -foot storm drain easement and 18 -inch storm drain along the Bayside Avenue frontage. 55. A City encroachment permit shall be obtained for any work within the City public right - of -way or work on City -owned facilities (storm drain). 56. An encroachment permit shall be obtained from the California Department of Transportation for any work within the East Coast Highway (State Route 1) right -of- way. 57. All customer parking stalls and drive aisle widths shall comply with City Standard #805- L -A &B, Parking Lot Standards. Existing substandard customer parking stalls shall be restriped to comply with these standards. 58. 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 Newport Auto Center Renovation, including, but not limited to, Amendment No. 2 to Use Permit No. UP3660. 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. Tmpll: 01114/10