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HomeMy WebLinkAboutZA2019-029 - APPROVING MINOR USE PERMIT NO. UP2018-024 FOR VEHICLE SALES AND STORAGE LOCATED AT 1620 MONROVIA AVENUE (PA2018-282)RESOLUTION NO. ZA2019-029 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-024 FOR VEHICLE SALES AND STORAGE LOCATED AT 1620 MONROVIA AVENUE (PA2018-282) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by CopleyWest Corporation ("Applicant"), with respect to property located at 1620 Monrovia Avenue, legally described as the north 60.00 feet of the west 250.00 feet of Lot 912 of the Newport Mesa Tract, in the City of Newport Beach, County of Orange, State of California, Recorded in Book 5, Page 1 of the Miscellaneous Maps, in the Office of the County Recorder of said County, requesting approval of a minor use permit. 2. The applicant proposes to operate a vehicle sales and storage facility within an existing commercial office building. No vehicle repair or maintenance will occur at the site. 3. The subject property is designated Industrial (IG) by the General Plan Land Use Element and is located within the Industrial (IG) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 14, 2019, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. The project involves the conversion of an existing commercial office tenant space (7,200 square feet) to a vehicle sales and storage operation. The scope of work thus complies with the thresholds identified under the Class 3 exemption. Zoning Administrator Resolution No. ZA2019-029 Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.52.020.F (Use Permit. Reauired Findinas). 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 Industrial (IG). This IG designation is generally found for properties located within the West Newport Mesa Area, east of Banning Ranch. A variety of industrial manufacturing and supporting retail uses are located within this area. The proposed vehicle sales and storage operation does not include on-site maintenance or repair facilities. In addition, the size and design of project is similar to a retail land use, consistent with the IG Zoning District and IG Land Use designations. 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. The existing commercial office building is 7,200 square feet and the subject property is 15,000 square feet resulting in a floor area ratio (FAR) of 0.48, which is consistent with the 0.75 FAR maximum for the site 3. The subject property is not part of a specific plan area. Finding- B. indin : 8. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: The property is located in the Industrial (IG) Zoning District. This district intends to provide for areas appropriate for a wide range of moderate- to low -intensity industrial uses (such as light manufacturing and research and development) and limited accessory and commercial office uses. The proposed vehicle sales and storage use, which does not include vehicle repair or maintenance, is a permitted use, subject to the approval of a minor use permit pursuant to NBMC Chapter 20.24 (Industrial Zoning District (IG)). 2. The existing building is nonconforming due to a zero side setback adjacent to the north property line where the Zoning Code requires a minimum 10 -foot side setback adjacent to nonindustrial zoning districts. The project scope does not include any physical improvements to the building that would result in increased floor area, height, or permanent structures onsite. The proposed vehicle sales and storage use 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 3 of 10 complies with all applicable parking and development standards, including landscaping, building height, floor area ratio, and front and rear setbacks. 3. The proposed use would conform to the parking standards specified in NBMC Section 20.40.040 (Off -Street Parking Spaces Required). The minimum parking requirement for Vehicles Sales (General) is one space per 1,000 square feet of lot area. The property measures approximately 15,000 square feet in area. The project includes an aggregate of 19 parking spaces, inclusive of one handicapped space. As conditioned, employees at the site will park on-site and vehicles displayed outside the interior automotive collection display area will not inhibit customer parking availability. 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: The location of the proposed use is appropriate given that the establishment will be accessible from Monrovia Avenue, which provides convenient access for customers visiting the site from the City and greater region. 2. A variety of industrial and commercial uses are located along Monrovia Avenue, such as warehousing, fitness facilities, offices, retail, and vehicle -related uses. The proposed use would be complementary to the surrounding automotive businesses and other commercial uses. To help ensure the use remains compatible with those in the vicinity, including the congregate care facility to the north, the proposed project includes conditions of approval to prohibit the more intense operations associated with vehicle sales and storage, such as maintenance, repair, and installation of related equipment and parts. 3. The existing commercial building on-site is 7,200 square feet in area. The proposed floor plan includes a showroom, office/lounge area, supplies closet, and restroom. The use would be a small-scale vehicle sales and storage facility that would be compatible with other allowed uses in the vicinity. 4. As conditioned, the allowed hours of operation for the proposed project shall be limited between 8 a.m. to 8 p.m. daily, which will minimize any disturbance to properties in the vicinity. 5. The project has been conditioned to rehabilitate the planter area within the front setback with new landscaping designed and maintained to screen cars from the street's view. 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 4 of 10 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 vehicle sales and storage use with a showroom and office/lounge space is similar to retail and office uses. The design, size, location, and operating characteristics of the use are compatible with the surrounding industrial and commercial 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. The site is sufficient to accommodate vehicle loading on-site. 3. The proposed project is conditioned to prohibit the more intense operations associated with vehicle sales and storage and is therefore suitable to occupy the existing commercial 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, 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. The proposed use would be limited to the sale and storage of vehicles only, with no maintenance or repair of vehicles on-site 2. Conditions of approval are incorporated to regulate deliveries, the prohibition of vehicle repair and maintenance, trash receptacle requirements, excessive signage, among others, to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the customers of the establishment. 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 5 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves UP2018-024, 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 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 14 DAY OF MARCH, 2019. Patrick J. Alford, Zoning Administrator 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 6 of 10 *:1:11319IM-1m CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING DIVISION CONDITIONS 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. All proposed signs shall be in conformance provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 3. Delivery, including unloading and loading of vehicles, must be done on-site. No deliveries shall occur in the public right-of-way. 4. The use of banners, pennants, balloons, windshield signs, moving signs, or flashing or animated electrical signs is prohibited 5. Use of the building shall be limited to motor vehicle sales and storage only. No motor vehicle repair or service is permitted on-site. 6. The hours of operation for the site shall be limited to 8 a.m. through 8 p.m., daily. 7. Discharge of waste material or paint products into the storm drain system shall be prohibited. Used oil, lubricants, and other hazardous or toxic materials shall be properly stored and collected within the vehicle service buildings. Provisions shall be made for the appropriate collection, storage, and disposal of used oil, lubricants and other hazardous or toxic materials in applicable law. 8. Employees shall park on-site and vehicles displayed outside the interior automotive collection display area shall not inhibit customer parking availability. All vehicles parked on-site shall be operable, no wrecked vehicles are permitted. 9. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 10. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 11. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined 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 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 7 of 10 or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 13. 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. 14. The existing over -height, unpermitted gate and fence in the front setback area shall be removed. 15. The applicant shall rehabilitate the area in the front setback with landscaping designed and maintained to screen cars from the street's view. Screening materials may include a combination of plant materials, earth berms, raised planters, and low walls maintained at approximately thirty-six (36) inches in height. This landscape shall incorporate drought -tolerant plantings and water -efficient irrigation practices, and the plans shall be approved by the Planning Division. 16. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 17. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to create a public nuisance or shine onto public streets, adjacent sites and residences above. "Walpak" type fixtures are not permitted. 18. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, 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. 19. 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. 20. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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: 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 8 of 10 21. Minor Use Permit No. UP2018-024 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. 22. 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. 23. Construction activities shall comply with NBMC Section 10.28.040 (Loud and Unreasonable Noise), 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. 24. No outside paging system shall be utilized in conjunction with this establishment. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 26. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 27. 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. 28. 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). 01-25-19 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 21. Minor Use Permit No. UP2018-024 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. 22. 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. 23. Construction activities shall comply with NBMC Section 10.28.040 (Loud and Unreasonable Noise), 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. 24. No outside paging system shall be utilized in conjunction with this establishment. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 26. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 27. 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. 28. 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). 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 9 of 10 29. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 30. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure and display vehicles. 31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 32. 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 the City's approval of CopleyWest Minor Use Permit including, but not limited to, UP2018-024 (PA2018-282). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE DEPARTMENT CONDITIONS 33. Liquid or gas -fueled vehicles, boats, or other motor craft shall not be located indoors except as follows: a. Batteries are disconnected; b. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons, whichever is least; c. Fuel tanks and fill openings are closed and sealed to prevent tampering; and d. Vehicles, boats or other motor craft equipment shall not be fueled or defueled within the building. 01-25-19 Zoning Administrator Resolution No. ZA2019-029 Paae 10 of 10 BUILDING DIVISION CONDITIONS 34. Building occupancies must be indicated with required fire rated separations. 35. Plans must indicate occupant load, number of required exits and exit travel distance. Roll -up doors are not acceptable exits. 36. Mechanical plans are required for positive pressure to lounge area and associated rooms from the enclosed parking garage (EPG). EPG may require a separate mechanical system for the lounge areas. PUBLIC WORKS CONDITIONS 37. Parking layout shall comply with City Standards STD -805 -L-A and STD -805 -L -B for standard stalls. 38. A dedicated turn -around space and a 5 -foot minimum drive aisle extension shall be provided. 39. A minimum 20 feet of clearance shall be maintained between the front property line adjacent to Monrovia Avenue and any future gate or barrier. 01-25-19