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USE PERMIT NO. UP2006-028 (PA2006-227) |
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PLANNING
DEPARTMENT (949)
644-3200 FAX (949) 644-3229 |
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Staff Person: Javier S. Garcia,
644-3206 |
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Appeal Period: 14 days after
approval date |
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August 2, 2007
Let’s Roll, Inc.
26862 Calle Maria
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Application: |
Use Permit
No. UP2006-028 (PA2006-227) |
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Applicant: |
Let’s Roll, Inc. |
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Site Address: |
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Legal Description: |
Portion of |
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Request: To allow the
establishment of a limousine rental facility in an existing commercial building.
The project includes the provision of on-site parking for the storage of
three limousines and remodel of the building to provide associated office
space for employees. |
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Approved as Modified: The Planning Commission determined a
Temporary Use Permit is more appropriate for this application given the |
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AUTHORITY
Chapter 20.60
of the Newport Beach Municipal Code, specifically Section 20.60.015(C), provides
that the Planning Director may authorize the temporary use of structures and
land in any commercial district for periods of time in excess of 90 days
subject to the securing of a Use Permit.
Director’s Action Approved
– August 2, 2007
Application Request
The proposed location is south of the corner of
Currently based in Capistrano Beach, Let’s Roll Inc. is a twenty-four
hour operation serving the
Let’s 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
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
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
PAC Recommendations
The proposed project was reviewed by the Santa Ana Heights Project
Advisory Committee (PAC)[1]. The PAC had
recommended approval of the project, but expressed the following concerns in
their letter dated December 14, 2006 (attached):
§
Consistency with the BP District Landscape Guidelines
§
Potential future lot consolidation with
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The appearance of the existing structure
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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 of approval requires landscape materials 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
As an alternative, the PAC suggests approving the project under a
Temporary Use Permit that is renewable with 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
supports Planning Commission’s recommendation to limit this Use Permit
application to a Temporary Use Permit.
Since the project will utilize an existing structure and the adjacent
parcel is not anticipated to be developed, staff believes that there is little
opportunity for lot consolidation at this time. However, conditions are
proposed to insure that exterior treatments and fencing are consistent with the
BP District architectural guidelines.
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.
FINDINGS
The following
information is presented in support of the required Planning Director Use
Permit findings per Chapter 20.91 of the City of
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.
·
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 as conditioned will
limit the number of vehicles stored on the site and prohibit onsite
washing, detailing, repair, and maintenance activities.
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 as
conditioned will 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 as reviewed
and conditioned will 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.
ACTION
This
application was presented to the Planning Commission on July 19, 2007. The Planning Commission determined that a
Temporary Use Permit is more appropriate for this application, and agreed the
Planning Director could approve the application under the following conditions.
The Planning Director will send out a notice of his decision subject to the 14
day appeal period.
CONDITIONS
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. UP2006-028 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.B.2 of
the Zoning Code.
13.
Fencing
shall consist of PCV, wood or other 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.
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
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.
19.
This
Use Permit is valid for a period not to exceed five (5) years from the issuance of a Certificate of Occupancy issued
by the Building Department or final of building permits for changes to the
building. If during the five year approval period this use ceases operation
for more than 180 days, this use permit shall become null and void, and a new
use permit application shall be required to reinstate the use. During
the five year approval period, the applicant may apply to renew or extend the
Use Permit in accordance with the extension provisions of Chapter 20.91 of the
Newport Beach Municipal Code. The granting of an extension shall be reviewed by
the Planning Director, unless the proposed use is determined not to conform to
the original approval.
20.
The Planning Director or the Planning Commission may add
to or modify conditions of approval to this use permit, or revoke this permit
upon a determination that the operation which is the subject of this approval
causes injury, or is detrimental to the health, safety, peace, morals, comfort,
or general welfare of the community.
21.
This approval shall expire unless exercised within 24
months from the end of the appeal period, in accordance with Section 20.91.050
of the Newport Beach Municipal Code.
The decision of the Planning Director may be appealed by the applicant
or any interested party to the Planning Commission within 14 days of the
decision date. Any appeal filed shall be accompanied by a filing fee of $600.00.
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DAVID LEPO, Planning Director |
By _____________________________
Senior Planner Javier S.
Garcia, AICP
JSG/rwb
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Attachments: |
Vicinity
Map |
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cc:
Let’s
Roll Inc. Attn:
Todd Coye 26862
Calle Maria |
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Appeared
in
Opposition: |
None |
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property
owner Tri-Harmony Properties LLC dba |
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Appeared
in
Support: |
None |
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VICINITY MAP
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Planning Director’s Use Permit UP2006-028
Project No. PA2006-227