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HomeMy WebLinkAbout1607 - APPROVE UP AMENDMENT _445 EAST COAST HWYRESOLUTION NO. 1607 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1 TO USE PERMIT NO. 3660 (PA2002 -227) FOR PROPERTY LOCATED AT 445 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Autonation Inc., Newport Auto Cars LLC with respect to property located at 445 East Coast Highway, and legally described as Resubdivision No. 202, Parcel No. 1, requesting approval of Amendment No. 1 to Use Permit No. 3660. The amended use permit pertains to the expansion of an existing previously approved automobile sales and service dealership on an existing legal lot in a commercial area that is zoned for this use. Section 2. A public hearing was held on July 17, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows 1. The location of the proposed expansion of the automobile sales and service dealership requiring this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) District in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The project has been conditioned to minimize impacts to the surrounding neighborhood by limiting the hours of operation, requiring all vehicle off - loading to be done on -site and requiring that lighting be designed and installed to not spill onto adjoining properties. 2. The operational characteristics of the automobile dealership, including the hours of operation are consistent with Municipal Code requirements. Any change in the operational characteristics would require and amendment to the Use Permit, reviewed by the Planning Commission 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities), which allows additions up to 10,000 square feet if all public services and facilities are available and the site is not environmentally sensitive. City of Newport Beach Planning Commission Resolution No. 1607 Page 2 of 6 Section 4. Based on the aforementioned findings, the Planning Commission approves Amendment No. 1 to Use Permit No. 3660, subject to the conditions set forth in Exhibit "A" and the plans dated July 1, 2002. Section 5. 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY 2003. AYES: Eaton, Cole, McDaniel, Selich and Kiser EXCUSED: Tucker and Toeroe NOES: None Earl McDaniel, Chairman BY: ZeWo- Michaefr6efte, Secretary City of Newport Beach Planning Commission Resolution No. 1607 Page 3 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT NO. 1 TO USE PERMIT NO. 3660 1. The development shall be in substantial conformance with the approved site plan, floor plans and elevations, dated July 1, 2002. 2. Amendment No. 1 to Use Permit No. 3660 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. 3. Any change in operational characteristics, hours of operation, expansion in area, or substantial modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council 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. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 6. 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 Califomia Building Code. 7. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire Department. 8. The project shall comply with State Disabled Access requirements, including handicapped parking requirements. 9. The establishment shall comply with all applicable Federal, State, County and City water quality regulations for the fife of this use permit. 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. 1607 Page 4 of 6 11. The exterior of the facility 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. 12. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 13. The use of banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs is prohibited. 14. The hours of operation of the establishment shall be limited to the following: DAY SALES SERVICE Monday — Friday 7:00 AM — 8:00 PM 7:00 AM — 7:00 PM Saturday 9:00 AM — 7:00 PM 8:00 AM — 4:00 PM Sunda 10:00 AM — 6:00 PM Closed 15. 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. 16. The operator of the vehicle sales and noise generated by the subject facility. or sound systems shall be prohibited. comply with the provisions of Chapb That is, the sound shall be limited ti time periods: rental facility shall be responsible for the control of The use of outside loudspeakers, paging systems The noise generated by the proposed use shall �r 10.26 of the Newport Beach Municipal Code. > no more than depicted below for the specified 17. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan dated July 1, 2002. The final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00am interior exterior interior exterior Measured at the property line of Commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of Residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 17. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan dated July 1, 2002. The final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. City of Newport Beach Planning Commission Resolution No. 1607 Page 5 of 6 18. All employees shall park personal vehicles on site. Seventy (70) parking stalls shall be reserved exclusively for employee parking. Prior to the issuance of building permits, a revised site plan showing the location of the employee parking shall be submitted to the Planning Department. These spaces shall be physically identified with signage and /or painted markings at all times. Prior to final inspection of building permits the applicant shall arrange a site inspection with the Code Enforcement and Water Quality Division and /or the Planning Department to verify compliance. Employee parking shall be accessible for employee vehicles at all times and shall not be used for vehicle storage or display, customer parking or any other use. 19. The outdoor storage or display of materials, equipment or any other auto related parts or merchandise shall not be permitted. 20. Vehicle service shall be performed entirely within the service buildings. No vehicle service or repair shall take place in any parking space or drive aisle. 21. No vehicles shall be displayed in landscaped areas along East Coast Highway and Bayside Drive. 22. Unloading or loading of cars from or on -to auto transport vehicles shall take place on -site. The unloading, staging or storing of vehicles for sale or service off -site is prohibited. 23. No vehicles shall be displayed with open hoods, doors, trunks or tailgates. 24. Provisions shall be made for the storage and collection of used oil, lubricants and other hazardous or toxic materials. 25. Washing of automobiles on -site shall be limited to only those vehicles owned by the subject dealership or those that are otherwise on -site for servicing. 26. Site lighting shall be designed so light generated on -site does not spill on to adjoining properties or right -of -way. Prior to the final building inspection, the project applicant shall arrange an evening site inspection with the Planning Department or Code and Water Quality Enforcement Division to ensure that site lighting does not spill on to adjoining properties. 27. After hours lighting is limited to security lighting except for the existing seven (7) light standards located along East Coast Highway, which may stay illuminated until midnight seven days a week. Should the City receive complaints regarding after hours lighting, the Planning Director may require additional shields or hoods on existing fixtures, the lowering of light standards, the reduction in the amount of lighting used or any other measure necessary to eliminate light spillage on to neighboring properties. 28. Prior to the issuance of building permits, any existing on -site fire hydrants found to be blocked by parking spaces shall be relocated to a location approved by the Fire Department. City of Newport Beach Planning Commission Resolution No. 1607 Page 6 of 6 29. Prior to the issuance of building permits, additional fire hydrants shall be installed as required by the Newport Beach Fire Department. 30. All landscaping on -site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 31. All wash water shall drain into the sanitary sewer system and the wash area drains shall be equipped with grease traps unless otherwise approved by the Building Department. 32. All mechanical equipment and trash areas shall be fully screened from view from West Coast Highway, Bayside Drive and the surrounding properties (including from above) and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency.