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HomeMy WebLinkAboutZA2020-036 - APPROVING LIMITED TERM PERMIT NO. XP2020-002 FOR TEMPORARY VEHICLE STORAGE LOCATED AT 2302 BRISTOL STREET (PA2019-239)RESOLUTION NO. ZA2020-036 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LIMITED TERM PERMIT NO. XP2020-002 FOR TEMPORARY VEHICLE STORAGE LOCATED AT 2302 BRISTOL STREET (PA2019-239) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Craig and Lisa Long and Sheri Hines, with respect to property located at 2302 Bristol Street and legally described as Lot 1 of Tract No. 149 Bay View Heights Unit One requesting approval of a limited term permit. 2. The applicant proposes a Limited Term Permit (greater than 90 days) to allow the temporary use of a vacant gravel lot for vehicle storage. Approximately 14 vehicles, maximum, would be stored on the site. Employees would access the site as necessary to retrieve vehicles for off-site sales between the hours of 10 a.m. and 7 p.m. No test drives, car washing, vehicle repair, sales, or other activities would occur at the vehicle storage site. The vehicles to be parked on the site include new or previously owned vehicles awaiting transportation, and there will be no damaged or wrecked vehicles parked or stored at the site. A 6-foot-high locked roller gate will limit access to the site to employees and emergency responders. 3. The subject property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan (SP-7) (Professional, Administrative & Commercial Consolidation District) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on April 30, 2020 in the Council Chambers 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) 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. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation, which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Zoning Administrator Resolution No. ZA2020-036 Page 2 of 10 01-25-19 2. The proposed land use would meet the definition of Class 4(e) which allows minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, outdoor festivals, sales of Christmas trees, and similar uses. The application does not include any major site improvements or the removal of mature, scenic trees. The use is the temporary parking of vehicles for an off-site land use on an existing gravel parking lot and does not involve any new construction other than landscaping, additional gravel, exit grid, and minor improvements. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act Guidelines under Class 4 (Minor Alterations to Land). Fact in Support of Finding: 1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects on the environment, such as temporary vehicle storage. Finding: B. The operation of the requested limited duration use at the location proposed and within the time period specified 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 requested limited duration use. Facts in Support of Finding: 1. The use would be authorized for one (1) year, for a possible extension of an additional year if authorized by the Zoning Administrator. 2. The proposed vehicle storage is a passive use, with employees transporting vehicles to and from the site by appointment only, from 10 a.m. to 7 p.m. daily. The limited vehicle Zoning Administrator Resolution No. ZA2020-036 Page 3 of 10 01-25-19 trips and hours of operation would reduce any potential effects to persons residing or working in the neighborhood. 3. The subject property has been vacant since at least 2006. The subject lot, three (3) adjacent vacant lots, and a residential lot are all located within the Santa Ana Heights Specific Plan (SP-7) Professional, Administrative, and Commercial Consolidation District (PACC). The PACC is established to provide for the development and maintenance of professional and administrative office uses and commercial uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot consolidation and vehicular access to and from South Bristol Street. The proposed vehicle storage use would maintain access from Bristol Street. Access to the site from Zenith Avenue would be prohibited and a fence or wall will remain in place along all property lines. Until the lots are consolidated, including the adjacent lot with an existing single-family residence, no development can occur on the sites. Temporary use of the site for vehicle storage will allow the property owner to make economic use of the site in the interim, prior to the consolidation of lots. 4. The adjacent lot fronting Bristol Street contains an existing single-family dwelling. The proposed vehicle storage use is passive, temporary, and has been conditioned to ensure compatibility with surrounding land uses. Landscaping is proposed along Bristol Street to soften the appearance of vehicles from the street. A 6-foot-high property line chain link fence with fabric screening (and a wall adjacent to the commercial building) will secure and screen the vehicle storage area. There would be no test driving of vehicles from the site, no service or washing of vehicles on-site, and no customers allowed on the premises. 5. The proposed parking area would be separated from the residential uses to the southeast by distance and a screened chain link fence. An approximately 3- to 5-foot-high block wall separates the subject site from the commercial building to the north. Additionally, the area would not be accessible to the public, thereby reducing any potential nuisances. 6. The proposed vehicle storage use is in keeping with other vehicle related uses along Bristol Street. For example, there is an Arco, Chevron, Fletcher Jones Airport Shuttle Facility, Gulliver USA (used car dealership), and Orange County Van Rental. 7. At the entrance to the site, a Knox box would be installed on the roller gate, and a 20-foot- wide drive aisle would be maintained on site, thereby allowing access by the Fire Department in the event of an emergency. 8. The Public Works Department has reviewed the project and provided conditions of approval to maintain adequate queuing space along Bristol Street, and a turn around area on site for the vehicles. Additionally, the proposed landscaping would comply with sight distance requirements to allow adequate visibility for employees entering and exiting the site. Zoning Administrator Resolution No. ZA2020-036 Page 4 of 10 01-25-19 Finding: C. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot. Facts in Support of Finding: 1. The subject lot is a rectangle and contains approximately 8,250 square feet. The applicant proposes to store approximately 14 vehicles (maximum) within two (2) parking aisles. Each parking space would be approximately 9 feet by 19 feet which complies with City of Newport Beach standards for commercial parking spaces. 2. The design includes a pull-in space of 20 feet in depth at the entrance of the site. The 20 feet provides adequate space to have employees park a vehicle while they open or close the manual roller gate. The pull in space is accommodated completely on private property and would not obstruct the sidewalk along Bristol Street. 3. The existing lot is vacant and relatively flat. There is an existing layer of gravel on site with some vegetation beginning to grow. Additional gravel will be placed on the site to create an appropriate parking surface for vehicle storage. 4. No structures or property improvements are proposed or authorized other than new landscaping, additional layers of gravel, exit grid, and fencing. Finding: D. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate. Facts in Support of Finding: 1. The subject lot maintains adequate access from Bristol Street via an existing curb cut and driveway. 2. Traffic related to the proposed use would be minimal, as two (2) employees would be the only individuals accessing the site. The applicant’s office (OC Chief Auto) is located approximately 0.3 miles from the storage lot, allowing employees to walk to the site to retrieve the vehicles. Finding: E. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator. Zoning Administrator Resolution No. ZA2020-036 Page 5 of 10 01-25-19 Facts in Support of Finding: 1. The temporary storage of vehicles does not generate an excess of vehicular traffic or significantly impact the parking for nearby businesses or residents. Employees would visit the site on an as-needed basis and no customers would be permitted onsite. 2. The Public Works Department has reviewed the on-site circulation and parking layout and provided conditions of approval to ensure compliance with the related requirements. Finding: F. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The General Plan and Zoning Code establish the policies and implementing regulations to promote public health, safety, general welfare, economic vitality of neighborhoods, as well as the orderly development of the City, and to ensure the benefici al development of the City. The site is designated CO-G (General Commercial Office) by the General Plan, which allows for temporary or permanent commercial uses such as vehicle storage. 2. The site is located within the Santa Ana Heights Specific Plan (SP-7) Professional, Administrative, and Commercial Consolidation District (PACC). The PACC is established to provide for the development and maintenance of professional and administrative office uses and commercial uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot consolidation and vehicular access to and from South Bristol Street. Until the lots are consolidated, no permanent structures may be erected on site, as a building site of 40,000 s quare feet is required (i.e. all of the lots in this district). However, temporary uses are allowed subject to the approval of a limited term permit. The proposed temporary vehicle storage is an appropriate use of the site as it is passive in nature and would mainta in access from Bristol Street. The project complies with all other standards of the Zoning District including landscaping, lighting, and screening. 3. The temporary vehicle storage is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 4. The Building and Life Safety Services Divisions, and Public Works Department have reviewed the proposed use for compliance with City regulations and found it to be acceptable with the proposed conditions of approval. Zoning Administrator Resolution No. ZA2020-036 Page 6 of 10 01-25-19 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2020-002 subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. 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 30th DAY OF APRIL 2020. Zoning Administrator Resolution No. ZA2020-036 Page 7 of 10 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Limited Term Permit. 4. The applicant shall comply with all Department of Motor Vehicles (DMV) Requirements for the proposed use. 5. Outdoor storage shall be prohibited onsite, apart from vehicles, as authorized by this permit. 6. Screening within the chainlink fence is required and the design shall be approved by the Planning Division prior to installation. Screening shall be maintained in good condition. 7. Operations shall occur between the hours of 8:00 am to 7:00 pm, daily. 8. Only two (2) employees maximum shall access the site at one (1) time. 9. No trash or debris shall be stored on-site. 10. Test driving of vehicles originating from this property shall be prohibited. 11. No test drives, car washing, vehicle repair, sales, or other activities shall occur at the vehicle storage site. 12. The vehicles to be parked on the site shall include new or previously owned vehicles awaiting transportation and there shall be no damaged or wrecked vehicles parked or stored at the site. 13. The Applicant shall comply with all requirements of NBMC Section 20.42 Sign Standards. Signs with off-site commercial messages (including advertisements for OC Chief Auto), painted signs, and inflated display signs are prohibited. Attention-attracting devices are prohibited. Zoning Administrator Resolution No. ZA2020-036 Page 8 of 10 01-25-19 14. Limited Term Permit No. XP2020-002 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. 15. This Limited Term 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 or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 17. 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. 18. Prior to operation, a final landscape plan shall be submitted to the Planning Division. 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. 19. Prior to operation, a layer of decorative groundcover such as decomposed granite or similar material (approved by the Planning Division) shall be installed between the 10- foot landscaping buffer and the entrance gate. 20. Walpak style lighting is prohibited. Lighting shall be limited to the minimum necessary for security purposes. No light shall spill onto adjacent properties. 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 upon finding that the site is excessively illuminated. 21. 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Zoning Administrator Resolution No. ZA2020-036 Page 9 of 10 01-25-19 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 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 Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise 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. 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 woul d 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. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of OC Chief Auto Vehicle Storage including, but not limited to, Limited Term Permit No. XP2020-002 (PA2019-239). 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 27. The rolling chain link gate/fence shall have a Knox padlock installed on the gate for Fire Department access. Building Division Zoning Administrator Resolution No. ZA2020-036 Page 10 of 10 01-25-19 28. No customers are allowed on-site. Public Works Department 29. No more than one (1) vehicle shall enter or exit the site at a time to ensure that vehicle queue does not impact the adjacent public right -of-way. Vehicles shall be prohibited from backing out onto the public right of way. 30. All improvements (landscaping, fencing, etc.) shall comply with the City’s sight distance requirement. See City Standard 110-L. 31. The applicant shall prevent debris/gravel from project site from entering the public right- of-way.