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HomeMy WebLinkAbout1963 - CUP FOR A NEW AUTO DEALERSHIP - 900 Coast Hwy W RESOLUTION NO. 1963 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-042 FOR THE EXPANSION OF AN EXISTING NONCONFORMING VEHICLE SALES FACILITY LOCATED AT 900 AND 1000 WEST COAST HIGHWAY (PA2014- 147) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION I. STATEMENT OF FACTS. 1. An application was filed by Levon and Zaouhi Gugasian, with respect to property located at 900 and 1000 West Coast Highway and legally described as Parcel 1 of Parcel Map recorded in book 83, page 13 and Parcel 1 of Parcel Map recorded in book 71 page 18, requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to expand an existing nonconforming vehicle sales dealership into a vacant tenant space located in the same shopping center. The proposed facility will include an interior showroom, sales offices and outside display area (3-4 vehicles). Vehicle maintenance and repairs is conducted off- site and is not proposed at this location. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 4, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, 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). 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 includes exterior and interior improvements to convert a retail sales use to vehicle sales showroom and involves no expansion in floor area. Planning Commission Resolution No. 1963 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.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: 1 . The General Plan land use designation for this site is CG (General Commercial). The CG designation can be found throughout the City and is intended to provide a wide variety of commercial land uses that serve citywide or regional needs. Based on its size and design, with the majority of the inventory located within the interior showroom and no on- site maintenance or repair facilitates, this particular use is similar to a retail land use and is consistent with this designation. 2. The proposed project application will not result in an increase in floor area and the project is consistent with the Land Use Element development limitations. 3. Several specialty vehicle sales facilities, including the existing Ferrari dealership, Maserati, Phillips Auto and McLaren, and boat and yacht sales facilities are located along the inland side of the Mariner's Mile corridor and are compatible with other allowed uses in the area. The proposed expanded vehicles sales dealership will operate in a similar manner to the existing businesses. 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. Facts in Support of Finding: 1. The site is located in the CG (Commercial General) district. Although Vehicle Sales is not listed as a permitted or a conditionally permitted use within this district, the legal nonconforming use can be expanded, subject to a conditional use permit pursuant to Zoning Code Section 20.38.050 (Nonconforming Uses). 2. The design and operation of the proposed vehicle sales dealership expansion is similar to a retail store. Traditional vehicle dealerships are typically comprised of a Planning Commission Resolution No. 1963 Page 3 of 8 showroom and large outdoor areas for the display and storage of vehicles and service areas for maintenance and repairs. 3. The proposed vehicles sales expansion complies with all applicable parking and development standards, including landscaping, building height, floor area ratio and setbacks. 4. The proposed use and project design is consistent with the Mariner's Mile Strategic Vision and Design Framework because it provides a highway-oriented general commercial use on the Coast Highway frontage that is compatible with the surrounding general commercial retail and service businesses. Additionally, it is consistent with the architectural and landscaping polices and goal of the Vision and Design Framework. 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 proposed project includes conditions of approval to prohibit the more intense operations associated with vehicle sales, such as maintenance and repair and installation of related equipment and parts. This will help ensure that the use remains compatible with the other retail and service uses in the shopping center. 2. The proposed Vehicle Sales use will maintain similar hours and characteristics of the retail and service uses in the shopping center and others along Mariner's Mile. 3. The expanded dealership will improve and revitalize the existing vacant building and the surrounding area. 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 dealership is located within existing commercial buildings. The design, size, location, and operating characteristics of the use are compatible with the surrounding retail and service land uses. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utility upgrades or safety requirements specific to the display of motor vehicles will be required at plan check. Planning Commission Resolution No. 1963 Page 4 of 8 3. The proposed project is conditioned to prohibit the more intense operations associated with vehicle sales and is therefore suitable to occupy a commercial retail tenant space. 4. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. The project will comply with all ordinances of the City and all conditions of approval. 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: 1. The proposed use would be limited to sales of vehicles only, with the inventory, storage, maintenance, and repair of vehicles conducted at an off-site service facility. 2. The delivery of vehicles would not be allowed on West Coast Highway and would take place in the adjacent parking lot. Due to the relatively small size of the dealership and lack of on-site storage, lot delivery of vehicles is expected to be less frequent than a traditional dealership. 3. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-042, 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. 3. This resolution supersedes Use Permit No. UP2003-026, which upon vesting of rights authorized by Conditional Use Permit No. UP2014-042 (PA2014-147), shall become null and void. Planning Commission Resolution No. 1963 Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 4T" DAY OF DECEMBER, 2014. AYES: BROWN, HILLGREN, KOETTING, MYERS, AND TUCKER NOES: ABSTAIN: ABSENT: KRAMER AND LAWLER BY: Larry Tucker, Chairman BY: ay ye s, ecr ry Planning Commission Resolution No. 1963 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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. Conditional Use Permit No. UP2014-042 shall expire unless exercised within twenty-four (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 Conditional Use Permit. 5. This Conditional 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. 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. 8. 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. 9. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the Planning Commission Resolution No. 1963 Page 7 of 8 approved elements such that they are readily discernible from other elements of the plans. 11. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 12. All lighting shall conform with 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. The applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 13. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 14. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities 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. 15. The hours of operation for the dealership shall be between 8:00 a.m. and 10:00 p.m., daily. 16. Prior to the final of building permits, the rooftop mechanical equipment shall be painted to match the color of the roof, subject to the review and approval of the Planning Division. 17. Prior to issuance of the Certificate of Occupancy, the trash enclosure shall be upgraded to include a solid roof with self-closing and self-latching gates. The final design shall be subject to the review and approval of the Planning Division. 18. Vehicle maintenance, service and repair is prohibited. 19. Outdoor vehicle display/storage is only allowed in the designated display areas directly in front of the showroom floors facing West Coast Highway. The use of parking spaces for the display and/or storage of vehicle inventory in the shared parking lot is prohibited. 20. Delivery and off- or on-loading of vehicles on Coast Highway is prohibited. 21. Any change to the on-site parking, vehicular circulation and pedestrian circulation systems shall be subject to review by the City Traffic Engineer and the Community Development Director, and may require an amendment to this CUP or a new CUP. 22. 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 Planning Commission Resolution No. 1963 Page 8 of 8 media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 23. Use Permit No. 3628 and all conditions of approval remain valid and applicable to future tenants and uses. 24. 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 Beach Ferrari Expansion CUP including, but not limited to, Conditional Use Permit No. UP2014-042. 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. Building Division 25. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check.