Loading...
HomeMy WebLinkAbout1828 - APPROVE CUP TO ALLOW VEHICLE SALES_2540-2542 WEST COAST HWYRESOLUTION NO. 1828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -037 TO ALLOW VEHICLE SALES AT 2540 -2542 WEST COAST HIGHWAY (PA2010 -165) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by McLaren Newport Beach, with respect to property located at 2540 -2542 West Coast Highway, and legally described as Tract 1133, Lot 16, requesting approval of a conditional use permit. 2. The applicant proposes an automobile dealership in an existing commercial building. The proposed use would be limited to sales of vehicles only, with the inventory, storage, maintenance, and repair of vehicles conducted off -site. 3. The subject property is located within the Mixed Use Mariner's Mile (MU -MM) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal 1 (MU- H1). 4. The subject property is located within the coastal zone and the Coastal Land Use Plan category is Mixed Use Horizontal (MU- H). 5. A public hearing was held on December 9, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The proposed project would be located in an existing commercial building and involve only minor alterations to the interior and exterior. Planning Commission Resolution No. 1828 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: A -1. The project site is designated is Mixed -Use Horizontal 1 (MU -H1) by the Land Use Element of the General Plan and the Coastal Land Use Plan. The MU -H1 designation provides that the inland frontage of Coast Highway in the Mariners' Mile Corridor Highway. shall be developed for marine - related and highway - oriented general commercial uses while the properties to the rear of the commercial frontage may be developed for free - standing neighborhood - serving retail, multi - family residential units, or mixed -use buildings that integrate residential with retail uses. A -2. The proposed use is retail in character and would not include the more intense operations associated with vehicle sales, such as maintenance and repair and installation of related equipment and parts. A -3. The proposed use would provide a highway- oriented general commercial use called for the Coast Highway frontage, but would not conflict with the neighborhood- serving mixed -use village identified in the Land Use Element of the General Plan. A -4. The subject property is not part of a specific plan area Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: B -1. The proposed use is in the General VehiclelEquipment Sales land use category, which is allowed in the MU -MM Zoning District with the approval of a conditional use permit. B -2. The proposed use is consistent with the Mariners' 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 neighborhood - serving mixed -use village envisioned for the inland properties. Tmplt: 04/14/10 Planning Commission Resolution No. 1828 Page 3 of 8 Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding; C -1. The proposed project is conditioned to prohibit the more intense operations associated with vehicle sales, such as maintenance and repair and installation of related equipment and parts and, therefore, would not conflict with the neighborhood- serving mixed -use village envisioned for the inland properties in Mariner's Mile. 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; and Facts in Support of Finding: D -1. The project site is located within an established commercial district that contains adequate public services and utilities. D -2 The project site is located within a commercial district that is developed with variety of retail sales, office, and boat sales uses. D -3. The project site consists of three parcels totaling 21,393 square feet and is developed with two commercial buildings totaling 9,913 square feet. The proposed use would be located in a 3,308- square -foot tenant space, which is sufficient to accommodate the use as proposed. D -4. 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. D -5. The project site is accessible from West Coast Highway and Tustin Avenue and has vehicular access from Tustin Avenue. 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. Tmplt: 04114/10 Planning Commission Resolution No. 1828 Page 4 of 8 Facts in Support of Finding_ E -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. E -2. Vehicles stored on -site would for sales display only and would only be permitted within the interior of the building. E -3. Vehicle test drive routes would be restricted and prohibited within residential areas. E -4. The delivery of vehicles would be subject to traffic control plans and vehicle drop- off /pick -up procedures reviewed and approved by the City Traffic Engineer. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -037 (PA2010 -165), 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 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, Zoning Code, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge, and Hillgren NOES: None ABSTAIN: None ABSENT: None Earl McDaniel, Chairman BY: Michaeftoerge, Secretary Tmplt: 04/14/10 Planning Commission Resolution No. 1828 Page 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except for the following modifications: a. The double -sided project sign shall either remain in its current location or shall be removed. b. The frontage of 106 Tustin Avenue (currently occupied by Balboa Cleaners) shall be treated in a manner to compliment the exterior improvements proposed for the project's tenant space. 2. Conditional Use Permit No. 2010 -037 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 use shall be limited to the sale of motor vehicles only and related equipment, parts, and merchandise. The sale or rental of construction equipment, recreational vehicles, trucks, and similar vehicles and equipment shall not be permitted. 4. Vehicles stored on -site shall be for purposes of sales display only and shall only be permitted within the interior of the building. No other storage, maintenance, repair, or rental of vehicles shall be permitted. 5. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 6. Test driving of vehicles shall be prohibited on all residential streets. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. Tmplt: 04/14/10 Planning Commission Resolution No. 1828 Page 6 of 8 9. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 10. 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 13. 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 Department. 14. 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. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 17. 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, Tmpit: 04/14/10 Between the hours of 7:OOAM and 10:00PM 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 13. 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 Department. 14. 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. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. 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. 17. 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, Tmpit: 04/14/10 Planning Commission Resolution No. 1828 Page 7 of 8 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 McLaren Newport Beach including, but not limited to, Conditional Use Permit No. 2010 -037, and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. 17A. The applicant shall designate the City of Newport Beach as the "point of sale" for all taxable sales and lease transactions occurring on the Site (2540 -2542 West Coast Highway) and the development of any improvements thereon, including, but not limited to, the purchase of construction goods and materials, in all reports to the California State Board of Equalization in accordance with the Bradley -Burns Uniform Sales and Use Tax Law (Revenue and Taxation Code 72000 et seq.), as it may be amended or substituted from time to time, and on sales tax returns to the State of California for all taxable sales occurring on the Site and lease transactions occurring on the Site and the development and operation of any and all improvements thereon, including, but not limited to, the purchase of construction goods and materials. Building Department Conditions 18. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Public Works Conditions 19. The applicant shall be required to reconstruct the curb, gutter and sidewalk within the proposed vehicle drop -off and pick up in front of the showroom access doors on Tustin Avenue to accommodate the additional loading due to vehicles being driven over the sidewalk area. The limits of the reconstruction to be determined by the Public Works Department. 20. Drop -off /pick -up display operable vehicles shall be allowed up to 15 times per year, without the benefit of a Temporary Street and Sidewalk Closure Permit. Tmplt: 04/14/10 Planning Commission Resolution No. 1828 Page 8 of 8 21. The applicant shall submit a detailed traffic control plan and operable vehicle drop - off /pick -up procedure, including delivery route, for review and approval by the City Traffic Engineer prior to implementation. At the discretion of the City Traffic Engineer, the applicant shall be required to modify the traffic control plans and procedures, should any issues or concerns arise. Revised plans and procedure shall be reviewed and approved by the City Traffic Engineer. 22. The traffic control plan shall indicate curb, gutter and sidewalk to be reconstructed to accommodate the additional vehicular weight. 23. Applicant is required to obtain a Temporary Street and Sidewalk Closure permit from the Public Works Department for drop -off /pick -up of non - operable vehicles (i.e., rolling chassis and Formula One race car). Traffic control plans and drop -off /pick -up procedures shall be submitted for review and approval by the City Traffic Engineer at the time of permit submittal. 24. Vehicles used for test drives shall be parked on -site. The test drive route shall be limited to West Coast Highway from Tustin Avenue to Beach Boulevard and Tustin Avenue from West Coast Highway to the on -site parking lot only. Any revisions to the test drive route shall require review and approval from the City Traffic Engineer. - Tmplt: 04/14/10