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HomeMy WebLinkAboutLets Roll Inc-UP2006-028_20061 Birch St (PA2007-227)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No.3 July 19, 2007 TO: PLANNING COMMISSION FROM: Russell Bunim, Assistant Planner (949) 644 -3233 rbunim(cD city. newport- beach.ca.us SUBJECT: Let's Roll Inc. Use Permit No. 2006 -028 (PA2006 -227) 20061 Birch Street APPLICANT: Todd Coye ISSUE Should the Planning Commission approve Use Permit No. 2006 -028 to allow a limousine service in the Specific Plan District #7 (Santa Ana Heights)? RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2006 -028 subject to the findings and conditions of approval included within the attached draft resolution (Exhibit 1). DISCUSSION Staff considers the proposed limousine service to be a land use similar to that of an auto rental agency for purposes of applying standards of the Zoning Code. A Use Permit for this use is required under Chapter 20.44 of the Municipal Code (Specific Plan District #7). Site /Project Overview The proposed location is south of the corner of Birch Street and Bristol Street in the Santa Ana Heights Specific Plan. The lot is 19,151 square feet containing an existing 814 square -foot wood - framed residential building. The building will be used as offices for employees. The area in front of the building will be paved for one handicapped parking space and landscaped per the Santa Ana Heights Specific Plan Design Guidelines (Section 20.44.020.C.1). The area to the rear of the building will be paved and enclosed with a 6- foot -high chain -link or wood fence and used as limousine storage. The area to the rear of the limousine storage is existing surface parking that is shared with the adjoining office building to the northeast. (See Exhibit 5 for proposed plans) f h I �el ok ;ell is i. 73 4 Existing General Plan Land Use Designations Subject Site if I immi Lets Roll Inc. July 19, 2007 Page 3 of 8 Existing Zoning Designations Subject Site nn "IM .1w N �12 I Let's Roll Inc. July 19, 2007 Page 4 of 8 Currently based in Capistrano Beach, Let's Roll Inc. is a twenty -four hour operation serving the Orange County area; however, this location will primarily operate from 7:00 a.m. to 11:00 p.m. to serve clients using the John Wayne Airport. Lets Roll Inc. presently operates two limousines and one sedan. Expansion plans for 2007 include up to two additional limousines and one additional sedan. The owner, Todd Coye, currently operates the business and drives the majority of trips; he has two part- time drivers when needed. Analysis Zoning The land use designation is Business Park [SP -7 (BP)j. Automobile rental agencies are permitted with a Use Permit provided the site is not located adjacent to a Residential Equestrian District (REQ). The nearest REQ District is located approximately 370 feet to the southeast along Cypress Street. Since the REQ District is separated from the site by Birch Street and other BP District properties fronting on the east side of Birch Street, staff does not see a conflict with this provision. The intent of the BP District is to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Automobile rental agencies are generally regarded as supportive of these uses. However, the applicant states that the facility will primarily service John Wayne Airport. Such vehicle storage dispatching facilities have located in the Airport Area "Campus Tract," which is designated AO (Airport Office and Supporting Uses) as uses that support or benefit from airport operations. The introduction of auto - related airport support uses outside of the Campus Tract is an issue because such uses have been regarded as an underutilization of property and less visually attractive. However, the proposed project does not present a significant land use conflict, given its size. Conditions are proposed that will limit the number of vehicles stored on the site and prohibit onsite washing, detailing, repair and maintenance. The use of the 814 square -foot building as an office requires 4 parking spaces, including 1 handicapped space. The 4 limousines and 2 sedans will be stored in the fenced -in area to the rear of the building. The property owner leases the remainder of the parking lot spaces on the lot to an adjacent office building. No offsite parking agreement is on record with the City of Newport Beach from the County of Orange where the property was developed and previous uses were approved. 1 Let's Roll Inc. July 19, 2007 Page 5 of 8 PAC Recommendations The proposed project was reviewed by the Santa Ana Heights Project Advisory Committee (PAC)'. The PAC had recommended approval of the project, but expressed the following concerns in their letter dated December 14, 2006 (Exhibit 4): ■ Consistency with the BP District Landscape Guidelines. • Potential lot consolidation with 20071 Birch Street. ■ The appearance of the existing structure. • Limiting the use to 5 years with renewals pursuant to Section 20.44.050 (C). The proposed site plan was subsequently revised to increase the width of the landscaped area to 10 feet and to provide a berm with a 3:1 slope. A condition is proposed requiring landscape materials to be consistent with the BP District landscape guidelines. The PAC's concerns regarding lot consolidation, the appearance of the structure, and the term of the Use Permit are interrelated. The Santa Ana Heights Specific Plan encourages the consolidation of lots to provide for more flexibility in the design of office development to present opportunities to enhance the aesthetic character and cohesiveness of the development in the business park area. Therefore, the PAC would prefer that the project be consolidated with the property at 20071 Birch Street (also developed with residential structures). Barring that, the PAC would like to see significant upgrading of the appearance and functionality of the existing building. As an alternative, the PAC suggests approving the project under a Temporary Use Permit that is renewable 5 -year periods to present opportunities for lot consolidation in the future. The applicant's lease for the property is 2 years with a 1 year option. The applicant has verbally confirmed that he does not plan on staying at this location for the long term. Moreover, he anticipates finding a place to purchase in the near future. Staff would support a Planning Commission decision to limit this Use Permit application to a Temporary Use Permit. Since the project will utilize an existing structure, staff believes that there is little opportunity for lot consolidation. However, conditions are proposed to insure that exterior treatments and fencing are consistent with the BP District architectural guidelines. ' PAC is appointed by the County Board of Supervisors. The PAC advises the County and the City on issues pertaining to the Santa Ana Heights District. am Let's Roll Inc. July 19, 2007 Page 6 of 8 General Plan The General Plan land use category for this site is General Commercial Office (CO -G) which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The operational characteristics of the proposed limousine service are comparable to that of an administrative office and accessory service use. Use Permit Use Permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. Findings The following information is presented in support of the required Use Permit findings per Chapter 20.91 of the City of Newport Beach Municipal Code: 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. • The project site is located in the Business Park District of the Santa Ana Heights Specific Plan (SP -7), which is intended to provide office, commercial, and limited light industrial uses. • Automobile rental agencies are a permitted use pursuant to the approval of a Use Permit. Staff considers the proposed limousine service to be a land use similar to that of an auto rental agency for purposes of applying standards of the Zoning Code. • The property is not located adjacent to a Residential Equestrian District (REQ) where this type of use is not permitted. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the 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. 0 Let's Roll Inc. July 19, 2007 Page 7 of 8 • The operational characteristics of the proposed limousine service are comparable to that of an administrative office and accessory service use, which is consistent with the General Commercial Office (CO -G) land use category. • The proposed limousine service will be conditioned to limit the number of vehicles stored on the site and prohibit onsite washing, detailing, repair, and maintenance. 3. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. • The project has been conditioned to comply with the design guidelines of Section 20.44.020 of the Municipal Code and Section 20.44.050 as they relate to the operation of the proposed project. • The project has been reviewed and conditioned to ensure that potential conflicts to the surrounding land uses are minimized to the greatest extent possible. Therefore, the project meets the purpose and intent of Chapter 20.44 of the Municipal Code by ensuring that well planned business parks and commercial developments are adequately buffered from residential neighborhoods. Option If the Planning Commission determines that a Temporary Use Permit is more appropriate for this application, the Planning Commission may direct staff to approve Planning Director's Use Permit per Section 20.60.015. The conditions of approval in the draft resolution attached would serve as the conditions of approval for the Temporary Use Permit. This option would require the applicant to withdraw his application or the Planning Commission would have to deny this application without prejudice. The Planning Director would then send out notice of his decision subject to the 14 -day appeal period. Environmental Review This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the limousine service are minor in nature and are within the tenant space formerly occupied by a retail business. A Use Permit to operate a limousine service is not defined as a project pursuant to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this �D Let's Roll Inc. July 19, 2007 Page 8 of 8 hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Russell Bun m, Assistant Planner Exhibits 1. Draft Resolution No. 2. Project description from applicant 3. Specific Plan #7 Land Use Map 4. PAC letter 5. Project Plans Submitted by: i Is . • - • • ' '451�•i 7\ RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -028 TO ALLOW A LIMOUSINE SERVICE FOR THE PROPERTY LOCATED AT 20061 BIRCH STREET (PA2006 -227) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Todd Coye with respect to property located at 20061 Birch Street and legally described as Lot 84 of Tract No. 706 requesting approval to operate a limousine service; and WHEREAS, a public hearing was held on July 19, 2007, in the City Hall Council Chambers at 3300 Newport Boulevard, Newport Beach, California. A notice of 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; and WHEREAS, the General Plan land use category for this site is General Commercial Office (CO -G) which provides for a variety of offices with limited accessory retail and service uses; and WHEREAS, the site is located in the Specific Plan #7 (Santa Ana Heights) District with a land use designation of Business Park [SP -7 (BP)] which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development and limited light industrial uses; and WHEREAS, consistent with required findings for approval of a Use Permit as set forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are made: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. Facts in Support of Finding: a. The project site is located in the Business Park District of the Santa Ana Heights Speck Plan (SP -7), which is intended to provide office, commercial, and limited light industrial uses. b. Automobile rental agencies are a permitted use pursuant to the approval of a Use Permit. Staff considers the proposed limousine service to be a land use similar to that of an auto rental agency for purposes of applying standards of the Zoning Code. % City of Newport Beach Planning Commission Resolution No. Paae 2 of 5 c. The property is not located adjacent to a Residential Equestrian District (REQ) where this type of use is not permitted. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the 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. Facts in Support of Finding: The operational characteristics of the proposed limousine service are comparable to that of an administrative office and accessory service use, which is consistent with the General Commercial Office (CO-G) land use category. b. The proposed limousine service will be conditioned to limit the number of vehicles stored on the site and prohibit onsite washing, detailing, repair, and maintenance. 3. Finding: That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: a. The project has been conditioned to comply with the design guidelines of Section 20.44.020 of the Municipal Code and Section 20.44.050 as they relate to the operation of the proposed project. The project has been reviewed and conditioned to ensure that potential conflicts to the surrounding land uses are minimized to the greatest extent possible. Therefore, the project meets the purpose and intent of Chapter 20.44 of the Municipal Code by ensuring that well planned business parks and commercial developments are adequately buffered from residential neighborhoods. WHEREAS, the project has been reviewed, and it has been determined that it is categorically exempt pursuant to Section 15301 under Class 1 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -006, subject to the Conditions set forth in Exhibit "A." �3 City of Newport Beach Planning Commission Resolution No. _ Paoe 3 of 5 Section 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 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 19th DAY OF JULY 2007. F.'R go Jeffrey Cole, Chairman Robert Hawkins, Secretary 0 NOES: ) A City of Newport Beach Planning Commission Resolution No. _ Paae 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006-028 PROJECT SPECIFIC CONDITIONS 1. The development shall be built and operated in substantial conformance with the approved plot plan and floor plans, stamped and dated July 19, 2007. 2. Use Permit No. 2006 -028 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 changes in operational characteristics or expansion in floor area shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. All limousines on the site must be parked in the `limo storage area" noted on the plans. 5. The limousine service is limited to four limousines and two sedans. Additional vehicles used for the business that do not change the operational characteristics can be approved by the Planning Director. 6. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 7. No vehicles shall be parked or stored in the public right -of -way. 8. No vehicle washing or detailing shall be conducted onsite or within the public right -of -way. 9. No vehicle repair or maintenance shall be conducted onsite or within the public right -of -way. 10. A minimum of 4 parking spaces including 1 handicapped space must be available on site for the limousine service at all times. 11. The 10 -foot landscaped area shall be bermed at a 3:1 slope and planted with materials consistent with Section 20.44.020.C.1.a of the Zoning Code. 12. Exterior materials shall be treated in a manner consistent with Section 20.44.020.6.2 of the Zoning Code. 13. Fencing shall consist of wrought iron or PVC fencing consistent with Section 20.44.020.C.5.a of the Zoning Code and not exceeding 6 feet in height. Barbed wire, razor wire, or other sharp pointed material shall not be permitted. �5 City of Newport Beach Planning Commission Resolution No. _ Paoe 5 of 5 STANDARD CONDITIONS 14. Should the business subject to the Use Permit conditioned herein be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 15. The applicant shall comply with all federal, State, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 16. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. All landscape materials and landscaped areas shall be installed and 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. 18. All proposed signs shall be in conformance with the provision of Chapter 20.44 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 1(P Lets Roll Limo >Terminal 20061 Birch st. Newport Beach, CA 92660 The purpose of this project is to provide a terminal / place of business for my limousine service, centrally located near the airport to conduct the following. 1. General office duties, answer phone, reservations, dispatch. 2. Office for chauffeurs to pick up and prepare vehicles for work. 3. Gated storage area for limousines to keep safe and off street. 4. Provide location off airport property for drivers and dispatch to rest, eat and prepare for their work. 5. Provide a place to hire new employees when deeded. This Facility is located just-minutes from John Wayne airport in the commercial zone just left ofthe take off zone (very loud) in an existing commercial building. Hours of operation for the limousine service is 24hrs but this terminal location would mainly be the same hours as the operation of the airport, early Am 7:00 to around 11:00 pm. Lets Roll Limo currently operates 2 limousines and an Airport sedan and has plans for one or two more vehicles for the year 2007. Todd Coye is the owner operator who does 70% of all of the work for the business himself and has 2 part time drivers to help mainly on weekends. I will be hiring 1 full time driver ASAP for this location to meet the demand of our clients and the travelers arriving /leaving John Wayne airport. This Facility is perfect for my use and is near the 73405 -55 fwy's, which can get us to every city in Orange County in minutes. I run a reliable on time service and have been in business since 2001 serving all of Orange County. I am currently operating out of my house in Capistrano Beach but it is time to trove on and grow to meet the needs of the community. Thank You I�. EXHAT 20.44 -1 02/082007 I Date: 12/14/06 Rosalinh Ling Staff Planner, City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA2 -4048 (949) 644 -3206 fax: (949) 644-3229 RE: CNB UP2006 -028 Limousine Service at 20061 Birch Street Dear Rosalinh: The PAC Development Subcommittee has reviewed the second submittal package proposing a limousine rental service in the existing 814 SF residential building on the subject property. PAC appreciates that the applicant is Parking stalls, otne of which s accessible. The accessible 1parking stall willl need lto be for a van, which means the loading aisle will need to be 8 feet wide instead of 5 feet. A note on the site plan still indicates that the existing building is unchanged. The floor plan that is included in this submittal appears to still lack accessibility upgrading. There doesn't appear to be an upgrading of the existing landscaping at the street. As a permanent use, PAC still has the following concerns with this application: 1. There appears to have been no attempt to meet the Streetscape guidelines for the Business Park as set forth in Section 20.44.C.1. There is a 10 foot landscape setback requirement at Birch Street that is not being met. There is no indication of the required 3:1 berm slope or the designated street tree, Brisbane box. The site plan simply indicates a 28.3 foot long x 4 foot wide existing grass slope. This same section of the Specific Plan indicates the rest of the required landscape palette, and also indicates that "turf is discouraged ". As a permanent use, the application needs to meet the required landscape criteria. 2. As indicated in the previous review, it is the intent of the Specific Plan to encourage lot consolidation and larger commercial buildings in the Business Park. It appears at least a physical possibility to consolidate this parcel with 20071 for a larger commercial development. This would be PAC's preference. The Development Committee does not object to the re -use of the existing residential structure, but feels there should be significant upgrading to the appearance and functionality of the existing building for a permanent use. It is also the opinion of the committee that the bright yellow color of the building is not appropriate for a "professional commercial appearance ". PAC recommends that if this project is to be approved as a permanent use it should be required to meet the landscape guidelines and to provide a significant upgrade to the existing building. Alternatively, it appears that this project could be reviewed by the Planning Director and approved for a renewable 5 year period as a Temporary Use under Section 20.44.050.C.2.a. The Development Subcommittee would support a Temporary Use Permit for this application if the Planning Director concludes that it is applicable for this use. This may make it easier for a lot consolidation in the future. Even as a temporary use the committee recommends that the exterior appearance of the building be upgraded with a more subtle paint color, and that conforming landscaping and street trees be required per Section aded 0ith a more in the existing 4 foot wide street P1 area as well as the planter where an existing tree is indicated to remain. Thank you for the opportunity to give a second review of this project. Sincerely, Richard A. Dayton PAC Development Committee Chairman (949) 645 -1717 fax: (949) 645 -4243 cc. PAC Development Committee members Barbara Venezia, PAC Chairperson i'