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HomeMy WebLinkAbout3.1_Materials Received_PA2011-076Revised Resolution Item No. 3a Fletcher Jones Vehicle Storage Facility PA2011 -076 RESOLUTION NO. ## ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF PLANNED DEVELOPMENT AMENDMENT NO. PD2011 -00, USE PERMIT NO. UP2011 -024, AND MODIFICATION PERMIT NO. MD2011 -012 FOR A VEHICLE STORAGE FACILITY LOCATED AT 1301 QUAIL STREET (PA2011 -076) THE PLANNING COMMISSION 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 and use permit. 2. A planned development amendment 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. 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). Planning Commission Resolution No. _ Paqe 2 of 12 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. SECTION 3. REQUIRED FINDINGS. Use Permit In accordance with Section 20.52.020.F (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. 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. Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 3 of 12 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. 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- Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 4 of 12 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. 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 Planning Commission must also make the following findings for approval of a modification permit: Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 5 of 12 Finding: 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. 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. Facts in Support of Findino: 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. Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 6 of 12 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. 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, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Development Amendment No. PD2011 -002, 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 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. Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 7 of 12 PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST, 2011. AYES: NOES: ABSTAIN: ABSENT: BY: Charles Unsworth. Chairman M Bradley Hillgren, Secretary Tmplt: 03/08111 Planning Commission Resolution No. _ Page 8 of 12 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 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. 6. 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. 7. 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. 8. 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. 9. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Members of the general public or customers are not permitted on -site. 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 Planning Director and may require an amendment to this use permit. Use of noise generating Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 9 of 12 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. 11. 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. 12. 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. 13. A minimum of two parking spaces shall be provided on -site for employees. All employees shall park on -site at all times. 14. Repair and service activities (including outdoor storage of auto related parts or merchandise) is prohibited. 15. 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. 16. Unless an amended use permit is approved by the Planning Commission, automobile service, 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. 17. 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. 18. 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. 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. 20. 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. 21. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the Newport Beach Municipal Code. 22. 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 Tmplt: 03/08111 Planning Commission Resolution No. _ Pape 10 of 12 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: 7:00 a.m. and 10:00 p.m. 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 23. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the vehicle storage facility. 24. 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. 25. All mechanical equipment and trash areas shall be completely roofed to protect the trash area from rainwater and storm water runoff. 26. 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. 27. 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. 28. 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. 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 Tmplt: 03/08111 Planning Commission Resolution No. _ Pape 11 of 12 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 30. 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. 31. The area outside of the facility (including the public sidewalks, walkways, and /or common walkways) shall be maintained in a clean and orderly manner. 32. Storage outside of the building in the front or at the rear of the properly shall be prohibited, with the exception of vehicle inventory and the required trash container enclosure. 33. 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 Planned Development Amendment No. PD2011 -002, 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 34. 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. 35. 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. 36. The project shall comply with State Disabled Access requirements, unless otherwise approved by the Building Division. 37. 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 Tmplt: 03/08/11 Planning Commission Resolution No. _ Pape 12 of 12 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. 38. 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. Public Works Conditions 39. 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. 40. 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. 41. All improvements shall be constructed as required by Ordinance and the Public Works Department. Tmplt: 03/08111