HomeMy WebLinkAboutMe and My EV (PA2002-245)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
February 20, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gramirez @city.newport- beach.ca.us
SUBJECT: Me and My EV, 3636 Newport Boulevard
Use Permit No. 2002 -051 and Modification Permit No. 2003 -023
(PA2002 -245)
Request for a Use Permit to establish a Vehicle Sales and Rental
Dealership (Limited) specializing in the sale and rental of low speed
electric vehicles. The application also includes a request to modify the
number of required on -site parking spaces. Finally, the project also
includes a request for a Modification Permit to allow tandem parking on
commedcally zoned property. The propety is located in the Retail and
Service Commercial (RSC) Zoning District.
APPLICANT NAME: Christina Harer, Me and My EV, LLC
ISSUE:
Should the Planning Commission approve a request for a Use Permit to establish a
Vehicle Sales and Rental Dealership (Limited) specializing in the sale and rental of low
speed electric vehicles, modify the number of required off - street parking spaces and
approve a Modification Permit request to allow tandem parking on oommerically zoned
property?
RECOMMENDATION:
Staff recommends the Planning Commission hold a public hearing and approve Use
Permit No. 2002 -051 and Modification Permit No. 2003 -023 (PA2002 -245) based on the
findings and conditions of approval included within this staff report and draft Planning
Commission Resolution.
Me and My EV
February 20, 2003
Page 2
ME AND MY EV, 3636 NEWPORT BOULEVARD
(PA2002 -245)
Current Develo ment:
General Commercial
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General office and commercial
To the east:
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To the south:
City Property, Landscaping
To the west:
Residential across Newport Boulevard
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ME AND MY EV, 3636 NEWPORT BOULEVARD
(PA2002 -245)
Current Develo ment:
General Commercial
To the north:
General office and commercial
To the east:
General office, commercial and commercial parking structure
To the south:
City Property, Landscaping
To the west:
Residential across Newport Boulevard
Me and My EV
February 20, 2003
Page 3
DISCUSSION:
Proiect/Site Overview:
The applicant requests approval of a Use Permit and a Modification of Required Off-
Street Parking to establish a vehicle sales and rental business specializing in the sale
and rental of zero emissions electric vehicles (EV). These types of vehicles are
governed by the California Vehicle Code sections that pertain to low -speed vehicles,
electric vehicles, or golf carts and are generally permitted to operate on streets with
speed limits of 35 miles per hour or less. The outside display of one EV is proposed. No
mechanical service will be performed on -site as all maintenance and repairs will be
done at manufacturer dealerships. The proposed hours of operation are from 9:00 a.m.
to dusk daily. The existing building area is 1,825 square and includes a showroom,
storage room, restrooms and utility room. No additional interior or exterior
improvements to the structure are proposed at this time. The requested parking
modification is to reduce the number of required on -site parking spaces from four (4) to
three (3). Additionally, due to the configuration of the lot and the area available for on-
site parking, the applicant requests approval of a modification permit to allow a tandem
parking space in a commercial zone.
It should be noted that the applicant has been operating a taxi and shuttle service, a
permitted use, from this location since October 2002 with no rental or sales transactions
taking place. It is the intent of the applicant to continue operating in this manner as well
as engaging in the sales and rental of EV's.
Analysis:
General Planl Zoning Code
The subject property has a General Plan land use designation of Retail and Service
Commercial, which allows a wide range of commercial activities within a retail
environment providing goods and services to the general public. Limited vehicle sales
and rental is generally consistent with this designation.
The subject property is located within the Retail and Service Commercial (RSC) Zoning
District. The proposed use falls into the Vehicle /Equipment Sales and Rental (Limited)
category, which are required to obtain the approval of a use permit by the Planning
Director. However, since this request includes a modification to the number of required
off - street parking spaces, which is not within the jurisdiction of the Planning Director, the
review of the entire application rests with the Planning Commission.
The Zoning Code defines Vehicle Sales and Rental Dealership (Limited) as follows:
Me and My EV
February 20, 2003
Page 4
"Limited to the sale or rental of automobiles, including
storage and incidental maintenance, but excluding
maintenance requiring pneumatic lifts."
Although the proposed use involves the sale and rental of motor vehicles, staff believes
the proposed use is similar to a retail use since it does not include service facilities or
the outdoor storage and display of numerous vehicles typically associated with
traditional automobile dealership and rental facilities. Staff believes that the proposed
electric vehicles sales and rental business is an appropriate use for this location and will
provide residents of and visitors to the City an alternative way to move around portions
of the city where these types of vehicles are permitted to operate. Considering these
factors, staff concludes that the proposed use is consistent with the General Plan and
Zoning Code.
Hours of Operation
The applicant has indicated that the preferred business hours would be from 9:00 a.m.
in the morning to dusk in the evening. Given that the proposed use is located in a
commercial area staff recommends approving hours of operation from 7:00 a.m. to
10:00 p.m. to give the owner flexibility in operating the business.
Safety Considerations
To assist in ensuring the safe and legal operation of the EV's, staff has included a
condition of approval requiring that the operator create a hand out (approved by the
Police Department and Traffic Engineer) outlining the vehicle code regulations
applicable to the low speed electric vehicles sold and rented and a listing of roadway
segments where the EV's are prohibited from operating by the vehicle code. This hand
out shall be given to all EV purchasers and renters at the time of business transaction.
Modification of the Number of Required Parking Spaces
In conjunction with the use permit, the applicant is requesting that due to the lot
configuration and the footprint of the existing structure the Planning Commission reduce
the number of required parking spaces from four (4) to three (3) by granting approval of
a Modification of the Number of Required Parking Spaces. Section 20.62 of the Zoning
Code requires that one (1) parking space be provided for every 1,000 square feet of lot
area for the proposed use. The subject property is approximately 3,282 square feet in
area; therefore, the number of on -site parking spaces required by the Zoning Code is
four (4).
A past Modification Permit (No. 4139) approval allowed the use of two tandem parking
spaces, providing a total of four on -site parking spaces, for a commercial use on the
Me and My EV
February 20, 2003
Page 5
subject property. However, as a result of recent tenant improvements one parking
space was eliminated to accommodate the required handicapped space, leaving the
property with a total of three (3) on -site parking spaces where four (4) were required.
Three on -site spaces are acceptable for a permitted retail use but, since the proposed
use has a greater parking requirement (four), a modification of the number of required
parking spaces is necessary to memorialize the elimination of one space to provide the
required disabled space. The resulting proposed parking spaces are in the form of the
one required handicapped disabled space and one two -car tandem space. Both
employees and customers may use the provided off - street parking spaces.
Handicapped spaces are not permitted to be used as part of a tandem space.
Therefore, the remaining area in front of the required designated handicapped space is
proposed to be used for the display of one EV. Since this display area cannot be used
for customer or employee parking, it does not decrease the number of parking spaces
the subject property can accommodate.
In order to modify the number of off - street parking spaces required through a use permit,
the Zoning Code requires the Planning Commission to make the finding that one or more
of the following conditions are met:
1. A municipal parking facility is so located as to be useful in
connection with the proposed use or uses on the sites,
2. The site is subject to two or more uses and the maximum parking
requirements for such uses do not occur simultaneously;
3. A parking management plan for the site has been approved by the
Planning Commission pursuant to Section 20.66.100(8); or
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in
Section 20.66.030.
b. The probable long -term occupancy of the building or
structure, based on its design, will not generate additional
parking demand.
In evaluating the request, staff considered the operational characteristics of the
proposed use, potential parking demand, other uses within the vicinity and the
availability of other parking within the vicinity of the subject property. Staff believes that
Condition No. 1 can be met based on the following:
Me and My EV
February 20, 2003
Page 6
■ A metered municipal parking lot is located approximately 100 feet from the
subject property at the corner of Central Avenue and Via Oporto;
■ Public metered parking spaces are located along both sides of Central
Avenue adjacent to the subject property.
Furthermore, the Lido Marina Village commercial parking structure is located directly
across Central Avenue from the subject property. Site visits to the subject property
found on street metered parking available and spaces in the municipal lot available in
the morning and afternoon hours. Although it is anticipated that parking demand will be
higher in the summer months, staff believes the available municipal parking and on -site
parking is sufficient for the proposed use and the findings to modify the number of
required off- street parking spaces can be made.
Tandem Parking
Title 20 requires that requests to utilize tandem parking spaces in a commercial zone
obtain approval of a Modification Permit. In this particular case, the applicant is
requesting that approval be granted for a tandem space that will account for two of three
on -site parking spaces. The third on -site space is the required disabled space, which
cannot be part of a tandem space. Due to the configuration of the subject property and
the location of the existing structure, the use of a tandem parking space is the only way
to provide three parking spaces on -site. Due to the small scale of the business, staff
believes the use of the tandem space by both customers and employees will be
manageable. Therefore, staff concludes that granting approval for the tandem space is
desirable in this particular case to provide the maximum number of off - street parking
spaces possible.
Environmental Review:
This project has been reviewed and it has been determined that since no additions or
alterations are proposed to the existing structure it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property (excluding roads and waterways) and posted at the site a
minimum of 10 days in advance of this hearing consistent with the Municipal Code.
Additionally, the item appeared upon the agenda for this meeting, which was posted at
City Hall and on the city website.
Me and My EV
February 20, 2003
Page 7
CONCLUSION:
In summary, staff believes the proposed EV sales and rental dealership as proposed
and conditioned, is an appropriate use for this location. The modification to the number
of required parking spaces from four to three is a reasonable request given the fact that
a public City lot is located within one - hundred feet of the subject property and on- street
metered spaces are also readily available. The modification permit approval for the
tandem space is also a reasonable request given the existing area available for parking
and that it allows the maximum number of on -site parking spaces (three) to be provided.
Prepared by:
Submitted by:
`
Gregg amirez, Assoc' to Planner Patricia L. Temple, PI nning Director
Attachments:
A. Resolution No. , findings and conditions of approval
B. Project Plans
ATTACHMENT A
RESOLUTION NO. 2003 -_, FINDINGS AND
CONDITIONS OF APPROVAL
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -051 AND MODIFICATION PERMIT NO. 2003 -023
(PA2002 -245) FOR PROPERTY LOCATED AT 3636 NEWPORT
BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Christina Harer with respect to property located
at 3636 Newport Boulevard, and legally described as a portion of Lot 3, Section 28, Tract No.
1117, requesting approval of Use Permit No. 2002 -051 authorizing the establishment of a
vehicle sales and rental facility (limited) specializing in low speed electric vehicles and, modify
the number of required off - street parking spaces from four (4) to three (3) and, approve
Modification Permit No. 2003 -023 permitting the use of a tandem parking space for a
commercial use.
Section 2. A public hearing was held on February 20, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the 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.
Section 3. The Planning Commission finds as follows:
1. The location of the proposed vehicle rental and sales dealership (limited) requiring this
use permit, and the proposed conditions under which it would be operated or
maintained, is consistent with the General Plan and the purpose of the Retail and
Service Commercial (RSC) 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. The
use permit pertains to the sale and rental of low speed electric vehicles to be
established on an existing lot in a commercial area that is zoned for this use. The
closest residences are located to the west across Newport Boulevard. The project has
been conditioned to minimize impacts to the surrounding neighborhood by limiting the
outdoor display of vehicles, the type of vehicle maintenance performed, and educating
the electric vehicle operators of special vehicles codes applicable to low speed
vehicles.
2. The reduction of one parking space is acceptable due to the location of the site as it is
approximately 100 feet from the municipal parking lot located near the intersection of
Central Avenue and Via Oporto. Additionally, metered parking is available on Central
Avenue.
W
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 4
3. The modification permit to allow tandem parking in a commercial district is a
reasonable solution to maximize available on -site parking given the configuration of
the subject property and the area available for vehicle parking.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
the California Environmental Quality Act under Class 1 (Existing Facilities).
Section 4. Based on the aforementioned findings, the Planning Commission approves
Use Permit No. 2002 -051 and Modification Permit No. 2003 -023, subject to the conditions set
forth in Exhibit "A ", the plans dated February 20, 2003.
Section 5. 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 20'h DAY OF FEBRUARY 2003.
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NIN
Steven Kiser, Chairman
Shant Agajanian, Secretary
RECUSED:
NOES:
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City of Newport Beach
Planning Commission Resolution No.
Paae 3 of 4
EXHIBIT ' Al
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002 -051 AND
MODIFICATION PERMIT NO. 2003-023
1. The development shall be in substantial conformance with the approved floor plan /site
plan, dated February 20, 2003.
2. Use Permit No. 2002 -051 and Modification Permit No. 2003 -023 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.
Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or substantial modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
4. This Use Permit may be reviewed, modified or revoked by the Planning Commission
or City Council 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.
5. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code and the
Balboa Sign Overlay. No temporary "sandwich" signs or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the vehicle dealership.
6. The project shall comply with State Disabled Access requirements, including
handicapped parking requirements.
7. 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 Department.
8. The hours of operation of the establishment shall be limited to 7:00 a.m. to 10:00 p.m.
daily.
9. The use of pneumatic lifts, air compressors and air wrenches or hammers shall be
prohibited in conjunction with this establishment. Additionally, activities associated with
vehicle repair and maintenance shall be limited to the application of accessory items and
minor mechanical adjustments.
10. 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 system
or sound system shall be prohibited. The noise generated by the proposed use shall
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 4
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.
That is, the sound shall be limited to no more than depicted below for the specified
time periods:
11. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or
animated electrical signs is prohibited.
12. A minimum of three (3) parking spaces shall be provided on -site. The final design of all
on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to the approval of the Traffic Engineer.
13. The on -site parking lot shall remain available for employee and patron parking only.
The parking or display of vehicles for sale or rental shall be prohibited in the required
off - street parking spaces.
14. The display of one vehicle shall be limited to the portion of private property in front of
the disabled parking space and shall be limited to a maximum of one (1) vehicle at any
time. All vehicles shall be stored within the building when the use is not open for
business.
15. Within 30 days of this approval, the operator shall submit to the Planning Department
a handout outlining Vehicle Code sections that pertain to the types of vehicles sold or
rented. This handout shall be reviewed and approved by the Newport Beach Police
Department and Traffic Engineer. Once approved, this handout shall be given to all
low -speed vehicle, electric vehicle, and golf cart buyers and renters at the time of the
sale or rental transaction.
16. Within 30 days of this approval, the operator shall provide to the Newport Beach Fire
Department a battery inventory that shall include the number of batteries, the amount of
liquid provided per battery and information as to whether the batteries are vented or non -
vented. The applicant is required to adhere to the recommendations and requirements of
the Fire Department with regard to battery storage and venting for the life of this use
permit.
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Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:O0am
interior
exterior
interior
exterior
Measured at the property line of
Commercially zoned property:
NIA
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
11. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or
animated electrical signs is prohibited.
12. A minimum of three (3) parking spaces shall be provided on -site. The final design of all
on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to the approval of the Traffic Engineer.
13. The on -site parking lot shall remain available for employee and patron parking only.
The parking or display of vehicles for sale or rental shall be prohibited in the required
off - street parking spaces.
14. The display of one vehicle shall be limited to the portion of private property in front of
the disabled parking space and shall be limited to a maximum of one (1) vehicle at any
time. All vehicles shall be stored within the building when the use is not open for
business.
15. Within 30 days of this approval, the operator shall submit to the Planning Department
a handout outlining Vehicle Code sections that pertain to the types of vehicles sold or
rented. This handout shall be reviewed and approved by the Newport Beach Police
Department and Traffic Engineer. Once approved, this handout shall be given to all
low -speed vehicle, electric vehicle, and golf cart buyers and renters at the time of the
sale or rental transaction.
16. Within 30 days of this approval, the operator shall provide to the Newport Beach Fire
Department a battery inventory that shall include the number of batteries, the amount of
liquid provided per battery and information as to whether the batteries are vented or non -
vented. The applicant is required to adhere to the recommendations and requirements of
the Fire Department with regard to battery storage and venting for the life of this use
permit.
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ATTACHMENT B
PROJECT PLANS
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