HomeMy WebLinkAbout3.0 - Orange County Van Rental CUP - PA2014-185 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 22, 2015 Meeting
Agenda Item 3
SUBJECT: Orange County Van Rental CUP - (PA2014-185)
20042 Cypress Street
Conditional Use Permit No. UP2014-040
Los Angeles Van Rentals, Inc.
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to establish a small-scale vehicle rentals facility, operating
primarily as an administrative office, with limited on-site vehicle storage and rentals. The
proposed facility will operate from 8:00 a.m. to 6:00 p.m., Monday through Saturday, and
9:00 a.m. to 6:00 p.m., on Sunday. There will be no on-site vehicle maintenance, repairs,
or washing.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. approving Conditional Use Permit No. UP2014-040
(Attachment No. PC 1).
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Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 2
VICINITY MAP
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GENERAL PLAN ZONING
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LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial (GC Santa Ana Heights SP-7 Commercial buildin vacant
NORTH General Commercial (GC) Santa Ana Heights (SP-7) Multi-tenant commercial buildings
vacant
SOUTH Single-Unit Residential Santa Ana Heights (SP-7) Single-unit residential dwellings
Detached RS-D
EAST General Commercial GC Santa Ana Heights SP-7 Multi-tenant commercial buildin
WEST Single-Unit Residential Santa Ana Heights(SP-7) Single-unit residential dwellings
Detached RS-D
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Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 3
INTRODUCTION
Project Setting and Background
The project site is 5,662 square feet in area and is located at the northernmost portion of
the Santa Ana Heights area within 300 feet of the State Route 73 Freeway. It is developed
with a 1,102-square-foot single-story commercial building with two parking spaces in front
and six parking spaces in the rear of the building behind a gated driveway. Access is
provided by way of a single driveway approach from Cypress Street. Adjacent properties to
the northwest, northeast, and east are developed with multi-tenant commercial buildings.
The immediate property to the south is residentially zoned and is developed with a single-
family residence.
Research of business licensing records for the property indicates the two previous uses
were a law office and a wholesale automobile dealer. The tenant space is currently vacant.
Unpermitted construction work occurred after the most recent tenant vacated the premise.
The work included, but was not limited to: 1) alteration of the existing building to create a
new porch entry and access ramp; 2) installation of a security gate within the side driveway
area; 3) resurfacing and restriping of the front and rear parking areas; 4) relocation and
resizing of window openings; 5) interior millwork and fixture replacement; and 6) interior
wall alterations. As conditioned, the applicant and/or property owner is required to obtain
building permits for all unpermitted construction prior to occupying the building and
commencing business (Condition of Approval No. 14).
Project Description
The applicant proposes to establish a small-scale vehicle rentals facility operating primarily
as an administrative office with limited on-site vehicle storage and rentals. The applicant
currently operates at five other California locations and specializes in short- and long-term
rentals of twelve- and fifteen-passenger vans. This location will serve as an administrative
office most of the time; however, the applicant desires the flexibility to locate rental
vehicles on-site on a limited basis. As proposed, the hours of operation are 8:00 a.m. to
6:00 p.m., Monday through Saturday, and 9:00 a.m. to 6:00 p.m. on Sunday. The facility
will be staffed by two to five employees at any given time depending on the amount of
business received for the specific day or shift. As conditioned, there will be a maximum of
two rental vehicles on-site at any time (Condition of Approval No. 8). Additionally there will
be no maintenance, repairs, washing, or service of any nature performed on the vehicles
at this location or on any adjacent properties as all of said services are outsourced through
off-site businesses with some occurring at an existing location in Costa Mesa (3100 Airway
Avenue). Furthermore, there will be no vehicle transport trucks delivering the rental
vehicles as they are driven to the site by employees. See Attachment No. PC 3 for
additional information.
Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 4
To comply with Zoning Code Section 20.90.110(F)(12), the applicant proposes to construct
a minimum six-foot high concrete masonry unit (CMU) block wall on the southerly property
line adjacent to the residential property where there is currently only a wooden fence to
comply with Zoning Code Section 20.90.110(F)(12). Condition of Approval No. 13 requires
construction of the block wall prior to occupying the building and commencing business.
DISCUSSION
Analysis
General Plan Consistency
The subject property is located within the General Commercial (CG) designation of the
General Plan Land Use Element. The CG designation is intended to provide for a wide
variety of commercial activities oriented primarily to serve citywide or regional needs. A
business office and vehicle rentals facility of this scale and type will be compatible with the
immediate neighborhood and will further provide a service to the community.
Zoning Code Consistency
The subject property is located within the General Commercial (GC) District of the Santa
Ana Heights Specific Plan Area (SP-7) Zoning District. The purpose of this Zoning District
is to ensure the continuation of commercial uses which offer a wide range of goods and
services to both the surrounding residential and business communities. The intent is to
promote the upgraded aesthetic image of the community and reduce conflicts between
commercial and residential uses. As conditioned, the proposed use will be consistent with
the above mentioned purpose and intent.
Although the specific use (Vehicle/Equipment Rentals) is not listed within the Section
20.90.110(6) (Principal Uses Permitted), the Planning Commission may authorize any
other use which it finds consistent with the purpose and intent of this Zoning District
subject to the approval of a conditional use permit. The list of permitted and conditionally
permitted uses consists of a wide range including, but not limited to retail and service
businesses, professional and administrative offices, automobile dealerships, automobile
washing, restaurants, and commercial kennels. Staff believes the proposed use is similar
to administrative offices given that no more than two rental vehicles would be on-site at
any time and only on a limited basis.
Pursuant to Zoning Code Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), an application for a conditional use permit is subject to review by the Planning
Commission, which may approve or conditionally approve the project if facts are found to
make the findings required for approval.
Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 5
Use Permit Findings
In accordance with Zoning Code Section 20.52.020(F), the Planning Commission must
make the following findings for approval for a conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan.
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
4. 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.
5. 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.
The proposed use will function primarily as an administrative office with limited vehicle
rentals. Staff believes the use will be consistent with the purpose and intent of the General
Commercial (GC) Designation as well as that of the General Commercial (GC) District of the
Santa Ana Heights Specific Plan Area (SP-7) Zoning District. Conditions of approval have
been placed on the project to keep on-site rental vehicles to a minimum to help ensure
compatibility with the surrounding business and residential communities.
The parking requirement for a vehicle rentals facility pursuant to Table 3-10 of Zoning Code
Section 20.40.040 (Off-Street Parking Spaces Required) is one parking space per 1,000
square feet of lot area; therefore, the requirement for the proposed use is six parking spaces
(5,662 square feet / 1,000 = 5.662 parking spaces). The project site contains eight legal
parking spaces. Consistent with this requirement, a maximum of two parking spaces will be
utilized as storage for rental vehicles pursuant to Condition of Approval No. 8 of the draft
resolution leaving six parking spaces for staff and customers. Although the proposal indicates
a maximum of five employees will staff the facility, staff recommends conditioning the project
to a maximum of four employees to ensure there is adequate parking on-site for customers
(Condition of Approval No. 7).
Pursuant to Zoning Code Section 20.90.110(F)(12) (Buffer Area), a minimum six-foot-high
block wall shall be constructed on property lines abutting the Residential Equestrian (REQ)
District of the Santa Ana Heights Specific Plan Area (SP-7) Zoning District. As it exists today,
the only buffer between the subject commercial site and the adjoining residential site is a
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Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 6
wooden fence. The proposed project includes construction of a minimum six-foot-high block
wall which will bring the site into compliance with this requirement.
Staff believes the findings for approval can be made and facts in support of the required
findings are presented in the draft resolution (Attachment No. PC 1).
Alternatives
1. The Planning Commission may suggest specific project modifications or operational
changes that are necessary to alleviate concerns. If the changes are substantial,
the item should be continued to a future meeting to allow redesign of the project.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission should deny the application
requests (Attachment No. PC 2).
Environmental Review
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). 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 minor alteration work to the building and site for compliance with the Americans
with Disabilities Act (ADA) requirements and the establishment of a small-scale vehicle
rental facility with limited on-site storage. As conditioned, the proposed use is considered a
negligible expansion of use and will not operate significantly above the capacity of a
business office or retail sales use.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
4.
Be ja i M. eba n la Wisnesl i, ICP, Deputy Director
As ' tant Planner
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Orange County Van Rental CUP
Planning Commission, January 22, 2015
Page 7
ATTACHMENTS
PC 1 Draft Resolution for Approval
PC 2 Draft Resolution for Denial
PC 3 Applicant's Project Description and Justification
PC 4 Site Photos
PC 5 Project Plans
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Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2014-040 FOR A SMALL-SCALE VEHICLE
RENTALS FACILITY LOCATED AT 20042 CYPRESS STREET
(PA2014-185)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Los Angeles Van Rentals, Inc., with respect to property
located at 20042 Cypress Street, and legally described as the Southwesterly 50.00 feet
of Lot 181 of Tract No. 706, in the City of Newport Beach, County of Orange, State of
California, as shown on a map recorded in Book 21 Page 25 of Miscellaneous Maps,
records of Orange County, California, requesting approval of a conditional use permit.
2. The applicant proposes to establish a small-scale vehicle rentals facility, operating
primarily as an administrative office, with limited on-site vehicle storage and rentals.
The proposed facility will operate from 8:00 a.m. to 6:00 p.m., Monday through
Saturday, and 9:00 a.m. to 6:00 p.m., on Sunday. There will be no on-site vehicle
maintenance, repairs, or washing.
3. The subject property is located within the General Commercial (GC) subarea of the
Santa Ana Heights Specific Plan Area (SP-7) 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 January 22, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. 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 pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation 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 involves minor alteration work to the building and site for
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Planning Commission Resolution No.
Page 2 of 9
compliance with the Americans with Disabilities Act (ADA) requirements and the
establishment of a small-scale vehicle rental facility with limited on-site storage. As
conditioned, the proposed use is considered a negligible expansion of use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits —
Findings and Decision) of the Newport Beach Municipal Code, the following findings and
facts in support of such findings are set forth:
Findinq:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The purpose and intent of the General Commercial (CG) General Plan Land Use
Element category is to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. A business office and vehicle rentals
facility of this scale and type will be compatible with the immediate neighborhood and
will further provide a service to the community.
2. The subject property is located within the Santa Ana Heights Specific Plan Area. The
proposed use will be consistent with the permitted and conditionally permitted uses for
the General Commercial (GC) District of the Specific Plan and will further improve
upon the existing conditions of the site.
Finding:
B. The use is allow within t _ ap icable zoning district and complies with all other
applicable provisions of.1his Zo g Code and the Municipal Code.
Facts in Support of Findinq:
1. The project site is located within the General Commercial (GC) District of the Santa
Ana Heights Specific Plan Area (SP-7) Zoning District. This District is purposed with
ensuring the continuation of commercial uses which offer a wide range of goods and
services to both the surrounding residential and business communities. The proposed
project will provide a service to residents and businesses on a local and regional level
and will be compatible with other uses in the vicinity.
2. Zoning Code Section 20.90.110(B) (Principal Uses) allows the Planning Commission
to authorize uses not listed as permitted or conditionally permitted subject to approval
of a conditional use permit. The proposed business office with limited vehicle rentals is
comparable to other businesses listed and will be compatible with the surrounding
neighborhood as conditioned.
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Planning Commission Resolution No.
Page 3 of 9
3. Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required) requires one
parking space per 1,000 square feet of lot area for a Vehicle/Equipment Rentals and
Sales use. The project site consists of 5,662 square feet; therefore, six parking spaces
are required. Six parking spaces are provided on-site with two additional spaces
utilized for storing rental vehicles.
4. The proposed project will bring the property into compliance with Zoning Code Section
20.90.110(F)(12) (Buffer Area) as it includes the construction of a minimum six-foot-
high concrete masonry unit (CMU) block wall along the property line shared with the
residential use.
5. As conditioned, the project will comply with all other applicable Zoning Code provisions
including, but not limited to Section 20.30.070 (Outdoor Lighting).
Finding:
C. The design, location, size, and operating characterisOcs of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The project site is located within 300 feet of the State Route 73 Freeway and is bound
by two commercial properties to the north and northeast and by a residential property
to the southwest. The proposed use will act primarily as a business office with limited
vehicle rentals.
2. Properties within the vicinity of the project site are developed with single-story
commercial buildings occupied primarily by business office, professional and
administrative office, personal service, and retail sales uses. Other larger vehicle
rental facilities are also nearby.
3. The construction of a minimum six-foot-high block wall between the project site and
the abutting residential property will serve as a substantial improvement and will bring
the property into further compliance with the site development standards required by
Zoning Code Section 20.90.110 (General Commercial District — Santa Ana Heights
Specific Plan Area).
4. Conditions of approval including limitations on the hours of operation are included to
minimize, to the greatest extent possible, any impacts to the surrounding commercial
and residential uses.
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.
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Planning Commission Resolution No.
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Facts in Support of Finding:
1. The project site is 5,662 square feet in area, relatively rectangular and topographically
flat, and developed with a 1,102-square-foot single-story commercial building.
Commercial businesses have operated at this location since its annexation into the
City in 2000.
2. The conditions of approval including the limitation on storage of rental vehicles and
prohibition of any vehicle maintenance, repairs, washing, or similar services help to
make the site suitable for the proposed use.
3. The project site is currently developed and will not be altered such that public and
emergency vehicle access, public services, and utilities, are compromised.
4. The improvements to the project site 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 nor 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. Although the proposed project site is abutting a residentially zoned property,
commercial businesses have been operated at this location since annexation into the
City in 2000 and have not proven detrimental to the area.
2. The proposed project will help to improve the site by replacing the older wooden fence
with a new minimum six-foot-high block wall to help buffer the commercial and
residential uses.
3. Operational conditions of approval have been added to help ensure continued
compatibility with commercial and residential uses within the area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2014-040, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
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Planning Commission Resolution No.
Page 5 of 9
2. This action shall become final and effective 14 days following the date this Resolution
was adopted 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 22ND DAY OF JANUARY, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
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Planning Commission Resolution No.
Page 6 of 9
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. UP2014-040 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 cane for revocation of this Use
Permit.
5. This Conditional 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.
6. The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through
Saturday, and 9:00 a.m. to 6:00 p.m., on Sunday.
7. The maximum number of employees on-site at any given time shall be limited to four
(4).
8. The number of rental vehicles allowed on-site at any given time shall be limited to two
(2) and said vehicles shall only be located within the rear gated area. The remaining
six (6) parking spaces shall be made available for patrons and employees at all times.
9. There shall be no vehicle maintenance, repairs, washing, or other services performed
on-site or on any adjacent properties.
10. No part of the operation shall be conducted within the public right-of-way.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall be reviewed by the Planning Division and may require an
amendment to this Conditional Use Permit or the processing of a new Conditional Use
Permit.
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Planning Commission Resolution No.
Page 7 of 9
12. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
13. Prior to occupying the building and/or commencing business, a minimum six-foot high
concrete masonry unit (CMU) block wall shall be constructed on the southerly side of
the property between the project site and the abutting residential property.
14. Prior to occupying the building and/or commencing business, the applicant and/or
property owner shall obtain building permits for all work done previously without
permits.
15. 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
approved elements such that they are readily discernibly from other elements of the
plans.
16. If at any time the Director of Community Development determines the illumination
creates an unacceptable negative impact on surrounding land uses or environmental
resources, the Director may order the dimming of light sources or other remediation.
17. 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.
18. All noise gene ed by the proped 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:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
19. Should either 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.
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Planning Commission Resolution No.
Page 8 of 9
20. 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.
21. No outside paging system shall be utilized in conjunction with this establishment.
22. All trash shall be stored within the building or in weatherproof containers otherwise
screened from view of neighboring properties, except when placed for pick-up by
refuse collection agencies.
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
Division. 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). #4!hl-
I VIOL
25. Deliveries and refuse collection for the facility shall be prohibited between the hours of
6:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
26. Storage outside of the building in the front or at the rear of the property shall be
prohibited.
27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless the 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 Orange County Van Rental CUP
including, but not limited to, Conditional Use Permit No. UP2014-040 (PA2014-185). 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 the 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.
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Planning Commission Resolution No.
Page 9 of 9
Fire Department
28. All gates located on the property shall be accessible by Fire Department personnel.
Building Division
29. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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.
30. Accessible parking shall be provided and an accessible path of travel from the public
right-of-way shall be provided to the entrance of the building.
31. All work done without permits shall be subject to Newport Beach Municipal Code Section
15.02.150 (Work Commencing Before Permit Issuance).
Public Works/Utilities Department
32. No vehicles shall be parked within the driveways or drive aisles.
33. Only employees shall operate rental vehicles within the gated area.
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Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING CONDITIONAL USE
PERMIT NO. UP2014-040 FOR A SMALL-SCALE VEHICLE
RENTALS FACILITY LOCATED AT 20042 CYPRESS STREET
(PA2014-185)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Los Angeles Van Rentals, Inc., with respect to property
located at 20042 Cypress Street, and legally described as the Southwesterly 50.00 feet
of Lot 181 of Tract No. 706, in the City of Newport Beach, County of Orange, State of
California, as shown on a map recorded in Book 21 Page 25 of Miscellaneous Maps,
records of Orange County, California, requesting approval of a conditional use permit.
2. The applicant proposes to establish a small-scale vehicle rentals facility, operating
primarily as an administrative office, with limited on-site vehicle storage and rentals.
The proposed facility will operate from 8:00 a.m. to 6:00 p.m., Monday through
Saturday, and 9:00 a.m. to 6:00 p.m., on Sunday. There will be no on-site vehicle
maintenance, repairs, or washing.
3. The subject property is located within the General Commercial (GC) subarea of the
Santa Ana Heights Specific Plan Area (SP-7) 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 January 22, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits —
Findings and Decision) of the Zoning Code, a Vehicle Rentals use may be established
subject to the approval of a conditional use permit. The Planning Commission may approve a
2.5
Planning Commission Resolution No.
Page 2 of 2
conditional use permit only after making each of the five required findings set forth in Section
20.52.020(F). In this case, the Planning Commission was unable to make the required
findings based upon the following:
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2014-040.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted 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 22ND DAY OF JANUARY, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman Qr
BY:
Jay Myers, Secretary
07-22-2014
20
Attachment No. PC 3
Applicant's Project Description and
Justification
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Los Angeles
//.J_-JJJ
City of Newport Beach October 31, 2014
Planning Division
100 Civic Center Drive
Newport Beach, CA 92658
To: Planning Division
Re: CUP for Rental Company Business Operations
Justifications and Findings
Los Angeles Van Rentals is proposing a light car rental facility at the above location to serve primarily as
an administrative office. The lot size is approximately 5,662 square feet total with an existing office of
1,102 square feet.
Los Angeles Van Rentals provides twelve and fifteen passenger van to its customers who wish to travel
in groups. Leases include long-term rentals and those in which local businesses have a contract. The
majority of customers have completed paperwork in advance and merely come to the location to pick-
up their vehicle. Los Angeles Van Rentals main or"hub" office is located in Los Angeles near LAX. The
bulk of customers rent from that location and this Orange County location is merely a "satellite"
location/office. The primary function of this location will be for administrate work, with flexibility to
offer rental vans as necessary.
The John Wayne Airport travelers frequent during the busy season is averaging about seven or less per
month. A low volume of car rental is expected at this location on a typical week. Often times, the
vehicle is delivered to them directly and there is no need for them to come to the referenced location
for pick-up. The office will be staffed with two to five employees depending on amount of business
received for the day or specific shift. Our team will consist of one sales/reservation manager and two to
three customer service agents, and one service manager who is responsible for transferring vehicle to
and from the service lot as needed. The current business location in Costa Mesa will be kept as a
maintenance and service lot and will not interfere with the referenced location. The Costa Mesa lot is
less than three miles away. The auto maintenance, car washing, and gasoline are outsourced to the
local vendors as such activities will not be maintained on the property. Currently, the business operates
from 8 a.m. to 6 p.m. on Monday through Saturday, and Sunday is by appointment only during the hours
of 9 a.m.to 6 p.m. LA Van Rentals can and often delivers vans directly to clients. This reduces the
number of cars and traffic at the location at any given time. At times,the vehicle is delivered to the
customer or business. The expected number of customers is less than three per day;with some days
zero customers or as few as one. On these days,the business serves as an administrative and
accounting office as well as a call center for the company.
The property currently has perimeter fencing and a security gate to house the vans. The current lot
provides eight(8) parking spaces total consisting of the designated parking;
• Two (2) parking stalls in front will consist of one(1) handicap space and one for customer
parking.
• Six (6) parking stalls in rear will be split between rental vehicle and employee parking.
o Four (4) spaces will be used for employee and customer parking
20042 S.W Cypress Street. Newport Beach, CA 92660
TEL: 714-549-2618 1 FAX: 714-549-2611
�9
Los Angeles
//.J_-JJJ
o Two (2) spaces will be used for the rental vehicles
The property will not be modified in any way since it has been newly renovated.The office currently
includes a restroom and kitchen area, plus a large office area.
Pursuant to Section 20.52.020 F:
The company finds the proposed operation to be consistent with the following conditions;
1.The use is consistent with the General Plan and any applicable specific plan;
The proposed facility is in compliance with Newport Beach Municipal code in that the proposed use is
substantially compatible with developments in the same general area. The use of the property will be
solely for administrative office with minor car rental only and there will be neither car sales nor
repairs/maintenance of any kind on site.
2.The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code;
LA Van Rental will utilize an existing lot with an office space at 20042 S.W. Cypress St.with a lot area of
5662 square feet. Our proposed business complies with specific zone 7 Section 20.90.110 General
Commercial District as a vehicle rental facility and complies with Section 20.52.020 F.
3.The design, location, size, and operating characteristics of the use are compatible with the allowed
uses in the vicinity;
The proposed site will be used primarily for administrative purposes with a light rental facility with two
spaces reserved for rental vehicles.There is also an Enterprise Rent-A-Car to the N.W. of this property in
the same zoning. The current location was previously an office space and is now remains vacant. The
security gate will provide safe parking for the twelve and fifteen passenger vans that will be rented to
customer. The features of this property makes this site suitable in terms of design, location, shape, size,
operating characteristics, and the provision of public and vehicle access and public services and utilities.
4.The site is physically suitable in terms of design, location, shape, size,operating characteristics, and
the provision of public and vehicle (e.g., fire and medical) access and public services and utilities; and
5. 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.
The facility will not result in conditions or circumstances contrary to the public health, safety and the
general welfare. Nuisance generated by the use will not have an adverse impact upon existing and
future development in adjacent areas. The use will provided an economic return to the community
commensurate with other commercial uses for which the property could feasibly be used.
Having our highly-trained staff and business in the area will provide a more competitive market in the
area and offer opportunities to local businesses and local customers. Los Angeles Van Rentals will cater
20042 S.W Cypress Street. Newport Beach, CA 92660
TEL: 714-549-2618 1 FAX: 714-549-2611
30
Los Angeles
//.J--JJJ
to reducing the number of cars on the road and general ease of travel for customers. Since no
modifications are planned to this locations and no increased traffic would be likely the site would not
cause any disturbance to the harmonious and orderly growth to the city. It would not 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.
Thank you for your consideration of the request of a CUP for the location mentioned above.
Los Angeles VanRentals,lnc.
20042 S.W Cypress Street. Newport Beach, CA 92660
TEL: 714-549-2618 1 FAX: 714-549-2611
31
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Attachment No. PC 4
Site Photos
33
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UP2014-040 (PA2014-185) —Attachment No. PC 4
Photo 1 —Viewing the existing block wall separating the commercial district from the residential district
at the termination of the cul-de-sac with the project site in the background.
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Photo 2—Viewing the project site and vacant commercial building from Cypress Street.
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UP2014-040 (PA2014-185) —Attachment No. PC 4
Photo 3—Viewing the southern side property line adjoining the residential property. The existing older wooden fence
will be replaced with a minimum six-foot-high block wall consistent with Zoning Code Section 20.90.110(F)(12).
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UP2014-040 (PA2014-185) —Attachment No. PC 4
Photo 4—Viewing the gated driveway which accesses the six standard parking spaces to the rear of
the property behind the building.
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Photo 5 — Viewing the project site from the adjoining commercial property to the north (formerly the
McDonald's restaurant site).
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UP2014-040 (PA2014-185) —Attachment No. PC 4
Photo 6 — Viewing the project site and the termination of the cul-de-sac from further north towards R
Bristol Street South. No vehicular access is provided to the residential neighborhood from this portion
of Cypress Street.
A
Attachment No. PC 5
Project Plans
39
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PA2014- 185 Attachment No . PC 5 - Project Plans
56'-0" S.B. 38'-3" 3'-6" leB U L D N G DATA z v
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C PARKING (6 SPACES) 00 I 2 ¢ o Q W
O I I I CL �; LOT SIZES: 5662 5.F (0.13 AGRE5)
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O I 8 1 5 I LOT DESCRIPTION The Southwesterly 50.00 feet of Lot 181
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INDEX OF SHEETS
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\ SCOPE OF WORK 0 PLAN CHK ##1 12/2/1
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6.5 HIGH CMU WALL 135.001 PROPERTY LINE 42 HIGH CMU WALL
VICINITY MAP
SITE PLAN OFFICE AREA = 1,102 S.F./100 = 11 PER50N P3 d E
TOTAL OGGUPANT LOAD = 11 PERSONS r
SCALE: 3/16 = 1'-0" 2 0
# OF EXITS REQUIRED: I W
# OF EXITS PROVIDED: 1 4�' o
SITE PLAN KEY NOTES: O (E) ACCESSIBLE PARKING �' P "� ��Do ' 73
120042 5W Cy press st o [�
O (E) ACCESSIBLE PATH OF TRAVEL. ACCESSIBLE 0 (E) ACCESSIBLE LOADING ZONE PARK N G DATA
ROUTES SHALL CONSIST OF ONE OR MORE OF THE rA "�/ 3
FOLLOWING COMPONENTS: WALKING SURFACES WITH A O ACCESSIBLE SIGNAGE (SEE DETAIL 2)
RUNNING SLOPE NOT STEEPER THAN 1:20 (57.), THE G� o
RUNNING SLOPE OF WALKING SURFACES SHALL NOT O 3" BLUE PANIT STRIPES @ 36" O.C. I. TOTAL # OF PARKING PROVIDED = 8 Ap a w `O
BE STEEPER THAN 1:20 (57.). THE CROSS SLOPE OF 2. TOTAL # OF PARKING REQUIRED = 5662/1000
WALKING SURFACES SHALL NOT BE STEEPER THAN O (N) ACCESSIBLE RAMP (SEE DETAIL 1) rJ�f L ' . f r: /
1:48 (2.0837.). THE CLEAR WIDTH FOR SIDEWALKS J L
AND WALKS SHALL BE 48 INCHES MINIMUM. O TYP. PAVEMENT SYMBOL PER SEC. p o ✓AM rK - r l
-----------}_ 118-703.7.21 >
INDICATES PATH OF TRAVEL AND EXITS 80 (E) EXTERIOR LIGHT FIXTURES NORT .,ae �°' i `./• ��//
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NOTES: 5" SQ. X Ya" THK. �
ALL RAILS AND POSTS ARE TO BE 1'-g" THE SIGN SHALL BE REFLECTORIZED
GALVANIZED 1 Y2" STD. PIPE O STEEL POST WITH MINIMUM AREA OF 70 SQ. IN. J
POST BLANK SPACES SHALL BE FILLED IN UNAUTHORIZED
34"-38" Z WITH APPROPRIATE INFORMATION AS A VEHICLES PARKED IN tS'1'AmLTuL
AND LETTERING i SHEET T1TLe
HILTI Y2"O KWIK BOLT TZ PERMANENT PART OF THE SIGN DESIGNATED HANDICAPPED LETTERS AND NUMBERS SHALL HAVE 1�-6" COMPLY W/2013 CBC
SPACES NOT N W/MIN. 3 Y4" EMBEDMENT DISTINGUISHING IPLACAR S Z s SITE PLAN &
A MIN. HEIGHT-TO-WIDTH RATIO OF
DEPTH (ICC ESR - 1917) BASE PLATE 5" SQ. X Y4" THK. THE ADDITIONAL "TOW-AWAY" SIGN o BETWEEN 3:5 AND 1:1 AND A _OR LICENSE PLATES ISSUEDFOUR (4) TOTALS. SPECIAL SHALL BE 17" MIN. X 22" MIN. DISABILTES WILL BE OWED FOR PERSONS WITHI BTROKE ETWEENWI5HTO AND 1110HTRATIO
LETTERING o PARKING =0= 7" U COVER SHEET
LETTERS SHALL HAVE A MINIMUM OF '_s aINSPECTION NOT REQUIRED. AWAY AT OWNER'S EXPENSE. ONLY ,�� OSECTION 4" THK. CONCRETE HEIGHT OF 1" TOWED VEHICLES MAY BE TO COMPLY W/2013 C.B.C. -e, (JUPPER SLAB W/#¢ ®24" RECLAIMED ATA %RAIL RETURN O.C. EACH WAY. TOWING COMPANY'S NAME * AND MINIMUM CHARACTER HEIGHT SHALL MINIMUM FINE $250TELEPHONE NOS.* MUST BE PROVIDED OR BY TELEPHONING BE 3'LOWER ON SIGN 2" X 2" SQ. STEEL ` BRETURN a ; ° °' THE FINISHES OF THE PAINTED VAN ACCESSIBLE TUBE SUPPORTS (TYP.1 YN. HW 050 THE FINISHES OF THE PAINTED SURFACES SHALL BE NON-GLARECONTRACTOR TO ERI CN C j C
" EXACT CONDITION AND > o
� c SURFACES SHALL BE NON-GLARE t o
a a c. LETTER TYPE SHALL BE RAISED 1/32 o ATTACHMENT OF BASE rn o` a 2 s 3 W PROJECT NQ 2014-101
O W a PROVIDE ADDITIONAL SIGN AT s o INCH MIN AND SHALL BE SANS z w AT SITE PRIOR TO r 3 t t c n m
1. 1' MIN. w PARKING STRUCTURE ENTRANCES s 3 ` z - � _ _ E n
Q LETTER TYPE SHALL BE RAISED UPPERCASE CHARACTERS Y N BIDDING. v DATE OCTOBER 27, 2014
AS REQ.'D c - Jv o Ln WHERE APPLIES E.N E
12A m 1/32 INCH MIN AND SHALL BE c ¢¢ E y E y E o v c
a SANS-SARIF UPPERCASE CHARACTERS SEE SITE PLAN FOR REQUIRED =B W � , °D o SCALE AS REFERENCED
2'-6" 00
MAX. �� FOOTING LOCATIONS co m p �U) ? w 0
o SIGN TYPE "C" SIGN TYPE "B" SIGN TYPE "A" p°
3' MIN. 30' MAX. 3' MIN.
GROUND SURFACE FINISH LINE GROUND SURFACE FINISH LINE °O 00 OPTION: SIGNS MAY BE WALL MOUNTED IF HEIGHTS ARE MET. E
8„ BACKGROUND COLOR IS TO BE CONTRASTING. CLo
a Accessible Unauthorized
ELEVATION B Typical Accessible Parking Typical Accessible Parking -0 cs � 1
FOOTING DETAIL - Parking Signage - Signage Detail Signage Detail
1 ACCESSIBLE RAMP DETAIL 2 ACCESSIBLE SIGNAGE
PA2014- 185 Attachment No . PC 5 - Project Plans
38,_311 -------------
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Planning Commission
Item No. Additional Materials Presented at Meeting
OFZdh,ta jeatal fq,Ptfy-1 85)
Orange •
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Planning • •
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PublicJanuary 22, > Y
•
Planning Commission
Item No. A• • • 1 •
• • i
Introduction
Conditional Use Permit No . UP2014- 040
( PA2014- 185)
Establish a small -scale vehicle rentals facility use
Primarily administrative office use with limited
rentals (two vehicles)
8 : oo a . m . to 6 : oo p . m ., Monday through Saturday
9 : oo a . m . to 6 : oo p . m ., Sunday
i No on -site vehicle services
01/22/2015 Community Development Department- Planning Division z
Planning Commission
Item No. A• • • 1 -
Project
Settiong
Orange County Van Rental CU _1
,k ' 85)
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Multi-Tenant
Existing SFR .J: : .L',
Commercial
Project Site •• „ ,� : ' �. A
Vacant
/jam m
\ ElPal loLoc. ,e �
Enterprise .
Rent.A-Car
`F9D' R
d, Fletcherlones
Off-Site
'Aver A
01/22/2015 Community Development Department- Planning Division 3
Planning Commission
Item No. A• • • 1 •
Project
Settiong
Orange County Van Rental CU _1
♦ �: 85)
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01/22/2015 Community Development Department- Planning Division 4
Planning Commission
Item No. A• • • *-185)•
Site Plat, Orange County Van Rental CU
i6' 0"5.6. 38'-3" 13'-6'
NEW 6'CMV WALL (D 42'CMU WALLS•o
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L-------- (E)69 CMU WALLS (E)4Y CMU WALLS ,
-------- -- ---------------------- ------------
---------------------
HIGH CMU WALL 13SW PROPERTY UNE 42^HIGH CMU WALL
01/22/2015 Community Development Department- Planning Division 5
Planning Commission
Item No. A• • • 1 •
Floor Plan Orange County Van Rental CU _1
85)
36-3-
5.-5. 19'-5.
WE WINDOW 4 E IANDOW
STORAGE
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5'-0' „ OFFICE III1
EST OM
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SERVICE AREA
RESTROOM KITCHEN 0 O
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PORCH
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LANDING
6.-5.
T
01/22/2015 Community Development Department- Planning Division 6
Planning Commission
Item No. A• • • 1 •
Consistency
85)
20 . 9o . zso( B) ( Principal Uses Permitted )
Planning Commission can authorize unlisted use
20 . 40 . 040 (Off- Street Parking Spaces Required )
Six parking spaces and two storage spaces provided
20 . 9o . 11o( F) (12 ) ( Buffer Area )
Block wall will be constructed between residential
01/22/2015 Community Development Department- Planning Division 7
Planning Commission
Item No. A• • • 1 •
• • i
Recommendation
Conduct a public hearing; and
L Adopt Resolution No . approving
Conditional Use Permit No . UP2014- 040
01/22/2015 Community Development Department- Planning Division 8
Planning Commission - January 22, 2015
Item No. 3a: Additional Materials Presented at Meeting
Orange County Van Rental CUP (PA2014-185)
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For more information contact:
Benjamin M.Zdeba
949-644-3253
bzdebaQa newportbeachca.gov
www.newportbeachca.gov
j 22, 201
Item No. • • • ,;au at Meeting
Orange County V�4.'%L `. it io�')014-1851.
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Plannin
Item No. 3a: Additio
Orange Coun y
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Planning Commission - January 22, 2015
Item No. 3a: Additional Materials Preset d at Meeting
Orange County Van Rental CU A2014-185)
Zt
w727.1200
Planning Commission - January 22, 2015
Item No. 3a: Additional Materials Presen eeting
Site Panoramic V i eOrange County Van Rental CU -185)
I-jf. A
01/22/2015 CommunityDevelopment Department
Planning Commission - January 22, 2015
Item No. 3a: Additional Materials Presen eeting
Orange County Van Rental CU -185)
Side Setback Existing
01/22/2015 Community Development Department - Planning Division 16
z .