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HomeMy WebLinkAbout1968 - CAR RENTAL FACILITY (LOS ANGELES VANS RENTALS) - 20042 Cypress St RESOLUTION NO. 1968 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, orwashing. 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 Planning Commission Resolution No. 1968 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: Finding: 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 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: 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 20.90.11 0(6) (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. 07-22-2014 Planning Commission Resolution No. 1968 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 characteristics 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. 07-22-2014 Planning Commission Resolution No. 1968 Page 4 of 9 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. 07-22-2014 Planning Commission Resolution No. 1968 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:HILLGREN, KOETTING, KRAMER AND TUCKER NOES: ABSTAIN: ABSENT: BROWN AND LAWLER RECUSED: MYERS BY: _ Larry'Fucker, Chairman BY:— j- r4la,,l \ _ 4 07-22-2014 Planning Commission Resolution No. 1968 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 cause 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. 07-22-2014 Planning Commission Resolution No. 1968 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 occupyinq 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 a business license, the applicant shall adequately landscape the existing planter areas, as determined by the Community Development Director. 16. 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 discernible from other elements of the plans. 17. 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. 18. 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. 19. 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: Between the hours of TOOAM Between the hours of and 10:001PM 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40d BA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial propert Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 07-22-2014 Planning Commission Resolution No. 1968 Page 8 of 9 20. 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. 21 . 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. 22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. 24. 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. 25. 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). 26. 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. 27. Storage outside of the building in the front or at the rear of the property shall be prohibited. 28. 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 07-22-2014 Planning Commission Resolution No. 1968 Page 9 of 9 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 29. All gates located on the property shall be accessible by Fire Department personnel. Building Division 30. 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. 31. 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. 32. 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 33. No vehicles shall be parked within the driveways or drive aisles. 34. Only employees shall operate rental vehicles within the gated area. 07-22-2014