HomeMy WebLinkAboutPA2019-185COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
VIA EMAIL
10/28/2019
Reference No. PA2019-185
Ariel Washington
zoning@millmanland.com
RE: 4361 Birch Street, Newport Beach, CA 92660
427-121-23
Dear Ariel:
The above referenced property is currently located within the Office Airport (OA)
and designated as Airport Office and Supporting Uses (AO) within the Land Use
Element of the General Plan. The property is not located within a Planned Unit
Development or an overlay district.
For the abutting properties to the north, south, and west, the Zoning District is
Office Airport and the General Plan land use designation is Airport Office and
Supporting Uses. For the properties to the east across Birch Street, the Zoning
District is the Newport Place Planned Community (PC11) and the General Plan
land use designation is Mixed Use Horizontal (MU-H2).
At the time the building permits were finaled, the building and parking requirements
were in substantial conformance with the development standards of the City of
Newport Beach Municipal Code. If the subject property does not comply with the
current regulations, it is considered to be nonconforming and is subject to Chapter
20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal
Code.
Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. With the exception of the discretionary
approvals for signs, copies of those approvals are attached. Please contact the
Planning Division for further details on any discretionary application:
PA2019-185
Use Permit No. UP2017-030 approved April 5, 2018, by the Planning
Commission to allow the expansion of an existing vehicle rentals facility
(Enterprise) in the airport area. The proposal will connect four adjacent lots
to the existing facility at 4500 Campus Drive and 4361 Birch Street.
Use Permit No. UP3512 and Traffic Study No. 89 approved November 4,
1993, by the Planning Commission to allow the construction of a 9,000-
square-foot automobile rental facility including administrative offices,
automobile maintenance facilities, fuel facilities and a surface automobile
storage area. Included was the acceptance of an environmental document.
Use Permit No. UP2014-025 approved November 6, 2014, by the Planning
Commission to expand the vehicle rental facility at 4361 Birch Street to 4500
Campus Drive.
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at Patrick Achis, Planning Technician, 949-644-3237,
pachis@newportbeachca.gov.
Sincerely,
On behalf of Seimone Jurjis, PE, CBO, Community Development Director
By:
Enclosures: Aerial Map
Table LU1 of the Land Use Element of the General Plan
Use Permit No. UP2017-030
Use Permit No. UP3512 Minutes
Use Permit No. UP2014-025
Patri ck Achis
Planning Technician
PA2019-185
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
10/28/2019
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PA2019-185
Land Use Element
N e w p o r t B e a c h G e n e r a l P l a n
3-13
Table LU1 Land Use Plan Categories
Land Use Category Uses Density/ Intensity
VISITOR SERVING
COMMERCIAL – LIDO
VILLAGE—CV-LV
The CV-LV category is intended to allow for a range of
accommodations (e.g. hotels, motels, hostels), goods, and
services intended to primarily serve visitors to the City of
Newport Beach. A fire station is allowed in its current
location. Limited Use Overnight Visitor Accommodations
and residences are not allowed
As specified by Table LU2
REGIONAL
COMMERCIAL—CR
The CR designation is intended to provide retail,
entertainment, service, and supporting uses that serve
local and regional residents. Typically, these are
integrated into a multi-tenant development that contains
one or more “anchor” uses to attract customers.
Automobile sales, repair, and service facilities,
professional offices, single-destination, and other
highway-oriented uses are not permitted.
As specified by Table LU2
COMMERCIAL OFFICE DISTRICTS
GENERAL COMMERCIAL
OFFICE—CO-G
The CO-G designation is intended to provide for
administrative, professional, and medical offices with
limited accessory retail and service uses. Hotels, motels,
and convalescent hospitals are not permitted.
Floor area to land area ratio or
cumulative development
indicated on Land Use Plan.
MEDICAL COMMERCIAL
OFFICE—CO-M
The CO-M designation is intended to provide primarily for
medical-related offices, other professional offices, retail,
short-term convalescent and long-term care facilities,
research labs, and similar uses.
Floor area to land area ratio of
0.75, except as specified on the
Land Use Plan.
REGIONAL COMMERCIAL
OFFICE—CO-R
The CO-R designation is intended to provide for
administrative and professional offices that serve local
and regional markets, with limited accessory retail,
financial, service, and entertainment uses.
As specified by Table LU2
INDUSTRIAL DISTRICTS
GENERAL INDUSTRIAL—IG The IG designation is intended to provide for a wide range
of moderate to low intensity industrial uses, such as light
manufacturing and research and development, and limited
ancillary commercial and office uses.
Floor area to land area ratio of
0.75, except as specified on the
Land Use Plan.
AIRPORT SUPPORTING DISTRICTS
AIRPORT OFFICE AND
SUPPORTING USES—AO
The AO designation is intended to provide for the
development of properties adjoining the John Wayne
Airport for uses that support or benefit from airport
operations. These may include professional offices,
aviation retail, automobile rental, sales, and service,
hotels, and ancillary retail, restaurant, and service uses.
Floor area to land area ratio of
0.5, except for warehousing
which may be developed at a
floor area to land ratio of 0.75.
MIXED-USE DISTRICTS
MIXED USE VERTICAL—
MU-V
The MU-V designation is intended to provide for the
development of properties for mixed-use structures that
vertically integrate housing with retail uses including
retail, office, restaurant, and similar nonresidential uses.
For mixed-use structures, commercial uses characterized
by noise, vibration, odors, or other activities that would
adversely impact on-site residential units are prohibited.
Sites may also be developed exclusively for retail or office
uses in accordance with the CN, CC, CG, or CO-G
designations.
Mixed-Use buildings: floor area
to land ratio of 1.5; where a
minimum floor area to land ratio
of 0.35 and maximum of 0.5
shall be used for nonresidential
purposes and a maximum of 1.0
for residential.
Nonresidential buildings: floor
area to land area ratio of 0.75.
-
PA2019-185
RESOLUTION NO. PC2018-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT, CALIFORNIA BEACH APPROVING
CONDITIONAL USE PERMIT NO. UP2017-030 FOR A VEHICLE
RENTAL FACILITY USE LOCATED AT 4340 CAMPUS DRIVE,
4360 CAMPUS DRIVE, 4400 CAMPUS DRIVE, 4500 CAMPUS
DRIVE, 4341 BIRCH STREET, AND 4361 BIRCH STREET, AND
REPEALING CONDITIONAL USE PERMIT NO. UP2014-025
(PA2017-215)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Enterprise Rent A Car Company of Los Angeles, LLC
("Applicant"), with respect to properties located at 4340 Campus Drive, 4360 Campus
Drive, 4400 Campus Drive, 4500 Campus Drive, 4341 Birch Street, and 4361 Birch Street
("Properties"), and legally described as Lot 29 of Tract No. 3201, Lot 30 of Tract No. 3201,
Lot 31 of Tract No. 3201, Parcel 1 as shown on a map filed in Book 60, Page 22 of Parcel
Maps in the Office of the County Recorder, Lot 6 of Tract No. 5169, and Parcel 1 as shown
on Lot Line Adjustment No. 93-5, respectively, requesting approval of a conditional use
permit.
2. The Applicant proposes to expand the existing Enterprise Rent-A-Car facilities located at
4500 Campus Drive and 4361 Bi~ch Street ("Project"). The Project includes the following:
(1) demolishing three existing office buildings (38,620 square feet in total) at4340 Campus
Drive, 4400 Campus Drive, and 4341 Birch Street; (2) remodeling of an existing
approximately 11,682-square-foot office building to create a vehicle service center, hand
car wash, personal offices,-and vehicle parts storage; (3) grading and paving with
installation of perimeter security fencing and walls, landscaping, and exterior lighting; and
(4) striping and reconfiguring of paved areas to create 91 customer and employee parking
spaces and approximately 810 stacked parking spaces for vehicle storage. The existing
barriers between each of the lots will be removed to allow vehicle circulation without having
to utilize the surrounding public right-of-way.
3. The Properties are designated Airport Office and Supporting Uses (AO) by the General
Plan Land Use Element and are located within the Office Airport (OA) Zoning District.
4. The Properties are not located within the coastal zone.
5. A public hearing was held on April 5, 2018, in the Council Chambers located 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 ("NBMC"). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 2 of 13
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15302 under Class 2 (Replacement and Reconstruction) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) 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.
2. The Class 2 exemption consists of replacement or reconstruction of existing structures
and facilities where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the structure
replaced. The proposed Project includes the demolition of 38,620 square feet of
commercial office space with continued use of approximately 11,682 square feet of
commercial space and a larger parking area for Enterprise Rent-A-Car. Based on
information provided by the Applicant, the City Traffic Engineer has determined that
traffic generation associated with the renovated commercial space and vehicle rental
operation is expected to generate less average daily trips ("ADT") than the previous
commercial office development.
3. The Class 3 exemption consists of the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
The Project will repurpose an existing approximately 11,682-square-foot commercial office
building as a vehicle service center with three bays, a hand car wash, private offices, and
vehicle parts storage. The exterior of the commercial office building remains mostly intact.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Required Findings), 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 AO General Plan Land Use Element category is to provide
for the development of properties adjoining the John Wayne Airport for uses that support
or benefit from airport operations. The proposed Project is compatible with other uses
in the vicinity and will both support and benefit from the airport operations because it will
provide rental vehicles for airport users.
2. Three General Plan Land Use Element Policies relate to this Project:
a. Land Use Element Policy LU 6.15.24 (Primary Uses) indicates that automobile
rental facilities should be accommodated within the AO designation subject to
discretionary review.
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 3 of 13
b. Land Use Element Policy LU 6.15.26 (Automobile Rental and Supporting Uses)
states that the City should work with automobile rental and supporting uses to
promote the consolidation and visual improvement of auto storage, service, and
storage facilities. The proposed Project will expand the existing Enterprise Rent-
A-Car facility onto the abutting properties to the west, effectively consolidating
the operation to a more concise project site. The additional stacked vehicle
parking areas will help to prevent future needs for off-site vehicle storage ..
Aesthetic upgrades to the perimeter of the Project site including decorative walls
and landscaping will help to lessen the visual blight of vehicle storage and will
serve as an overall improvement to the area.
c. Land Use Element Policy LU 6.15.27 (Site Planning and Architecture) indicates
properties within the Campus Tract should upgrade street frontages with
landscape, well-designed signage, and other amenities to improve the area's
visual quality. The proposed Project includes significant landscaped areas within
the front setback and a continuous system of matching block walls to help buffer
and blend the Project site into the visual character of the neighborhood.
3. The Properties are not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Project site is located within the OA Zoning District. The OA Zoning District is
intended to provide for areas appropriate for the development of properties adjoining the
John Wayne Airport for uses that support or benefit from airport operations. The
proposed Project is compatible with other uses in the vicinity and will both support and
benefit from airport operations by providing rental vehicles to airport users.
2. Vehicle/Equipment Rentals and Sales is a permitted use within the OA Zoning District
subject to the approval of a conditional use permit.
3. The existing facility operates under Conditional Use Permit No. UP2014-025, which was
approved by the Planning Commission on November 6, 2014. The proposed Project is
an expansion of the existing use, which requires the review and approval of a new
conditional use permit (i.e., an amendment).
4. NBMC 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 Properties total approximately 377,050 square feet in area. The Project is designed
with approximately 932 parking spaces on-site, which far exceeds the required amount
(377,050 square feet I 1,000 square feet= 378 parking spaces).
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 4 of 13
5. The Project includes approximately 14,514 square feet of landscaped area, which is
designed to comply with NBMC Chapter 14.17 (Water-Efficient Landscaping) and
NBMC Section 20.40.070 (Development Standards for Parking Areas). Conditions of
Approval Nos. 11 and 12 require the submittal of a final landscape p'ackage prior to
building permit issuance and help to ensure landscaping and irrigation comply with
applicable standards and are well maintained.
6. Although a photometric survey has not yet been provided, Conditions of Approval Nos.
14 and 15 are included to require the dimming of excessively illuminated areas and the
preparation of a photometric study prior to building permit issuance.
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 100 feet east of John Wayne Airport and is bound between
Campus Drive and Birch Street. The proposed use primarily services travelers of the
airport and its proximity helps to make it an ideal location while minimizing traffic impacts
to the surrounding area. Customers may visit the site directly; however, this on-site
component is a small part of the overall operation.
2. Surrounding properties are developed with single-and two-story commercial office
buildings occupied primarily by business office, professional and administrative office,
and personal service uses. Other vehicle rental facilities are also nearby.
3. The improvements occurring to the surface parking area, inclusive of the dedicated
vehicle transport truck loading and unloading areas, will improve compatibility with the
existing and allowed uses in the vicinity.
4. Repurposing the existing commercial office building to a vehicle service center with
three service bays and a hand car wash will improve the efficiency of the operations for
the existing vehicle rentals facility use.
5. To help ensure continued compatibility with other commercial uses in the area,
conditions of approval are included to restrict the operation. These conditions of
approval include, but are not limited to:
a. Condition of Approval No. 6 requires all employees to park on-site.
b. Condition of Approval No. 7 requires all vehicle transport trucks or hauler of any
kind to load and unload within designated areas on the private property and off
the public right-of-way.
PA2019-185
Finding:
Planning Commission Resolution No. PC2018-014
Page 5 of 13
c. Conditions of Approval Nos. 14 and 15 limit the outdoor lighting proposed for the
facility and help to ensure there is no light spillage or glare onto adjacent
properties or on the public right-of-way.
d. Conditions of Approval Nos. 17 and 18 restrict facility noise generation and help
to ensure compliance with NBMC Chapter 10.26 (Community Noise Control).
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.
Facts in Support of Finding:
1. The Project site is comprised of 4340 Campus Drive, 4360 Campus Drive, 4400 Campus
Drive, 4500 Campus Drive, 4341 Birch Street, and 4361 Birch Street, which total
approximately 8.66 acres in area. The proposed Project involves the demolition of three
existing commercial office buildings totaling 36,953 square feet in gross floor area. The
demolished sites will be regraded and paved. Improvements will be made to create
customer and employee parking areas with 91 parking spaces. The improvements also
will include a large vehicle storage area consisting of stacked parking totaling
approximately 810 parking spaces, as well as transport truck offloading areas.
2. Public access is provided to the Project site by existing driveway approaches on
Campus Drive. Adequate emergency vehicle access is incorporated into the Project
design. Conditions of approval are included to help ensure compliance with emergency
vehicle access requirements. The final plans will be reviewed by the Fire Department.
3. The Project site is currently developed with an existing vehicle rentals facility and
individual commercial office buildings. The proposed demolition of approximately 36,953
square feet of existing commercial office buildings and replacement with surface parking
areas will likely have a net decrease in the use of utilities and public services. The City
currently serves the site with water and sewer via mains that run through easements
along the Campus Drive and Birch Street easements. The Gas Company and Southern
California Edison will continue to service the site through existing connections.
4. Conditions of approval are included to ensure all 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, or 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.
PA2019-185
Facts in Support of Finding:
Planning Commission Resolution No. PC2018-014
Page 6 of 13
1.A vehicle rentals facility has been in operation at 4361 Birch Street since the early 1990s.
The expanded operation at 4500 Campus Drive has been in operation since 2015, under
Conditional Use Permit No. UP2014-025. This use has not proven detrimental to the
area, and has demonstrated it is compatible with the neighboring commercial uses.
2.The proposed Project will consolidate the area operations onto a single site and will
provide dedicated areas for vehicle transport trucks to load and unload on private
property, as opposed to within the public right-of-way.
3.See Fact in Support of Finding C(5) above.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2017-030 subject to the conditions set forth in Exhibit "A," which is attached
hereto and incorporated by reference.
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 NBMC Title 20 Planning and Zoning.
3.This resolution repeals Conditional Use Permit No. UP2014-025 and Planning
Commission Resolution No. 1960, which upon vesting of the rights authorized by
Conditional Use Permit No. UP2017-030, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF APRIL, 2018.
AYES: Dunlap, Kleiman, Koetting, Kramer, and Weigand
NOES:
RECUSED: Lowrey
ABSENT:
Erik Weigand,
Zak
Pe
BY: Ll{tJi:&
PA2019-185
Planning Division
Planning Commission Resolution No. PC2018-014
Page 7 of 13
EXHIBIT "A"
CONDITIONS-OF APPROVAL
(project-specific conditions of approval are italicized)
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. UP2017-030 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060, 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
Conditional 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 properties are operated or maintained
so as to constitute a public nuisance.
6. All employees shall park on-site.
7. The loading and unloading of all vehicles from any form of truck or hauler shall be
conducted on-site and shall not impact the traffic flow on any public right-of-way.
8. Any change in operational characteristics, expansion in area, or other changes to the
approved plans, shall be reviewed by the Planning Division and may require an
amendment or the processing of a new conditional use permit.
9. A copy of the Resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
10. 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 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.
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 8 of 13
11. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division. The plan shall meet the applicable requirements of
the Water Efficient Landscape Ordinance (NBMC Chapter 14.17).
12. All landscape materials and irrigation systems shall be installed in accordance with the
approved landscape plan. All landscaped materials shall be maintained in a neat,
healthy, growing condition and shall receive regular pruning, fertilizing, and trimming to
maintain that appearance. Without limiting the generality of the foregoing, the landscape
plan depicts all perimeter fencing being screened by landscaping. That screening is an
important aspect of the appearance of the site from outside the site and therefore such
screening shall at all times be maintained in such a condition that it performs its intended
purpose. 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.
13. All remaining buildings shall be remodeled in a manner such that they are compatible
with the design of the existing facility at 4500 Campus Drive (e.g., paint colors, window
treatments, etc.) and in substantial conformance with the approved plans. Final design
is subject to the review and approval of the Community Development Director prior to
the issuance of building permits.
14. 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.
15. Prior to the issuance of a building permit, the Applicant shall prepare a photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The study
shall show that lighting values at all property lines will not negatively impact neighbors.
16. Prior to the issuance of a building permit, Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
17. No outside paging system shall be utilized in conjunction with this establishment.
18. All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 or its successor section and other applicable noise control requirements.
19. Should any of the Properties 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.
20. All trash shall be stored within the building or within du'mpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 9 of 13
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
21. 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.
22. 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).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m., daily, unless otherwise approved by the Director of Community
Development, and may require an amendment to this Use Permit.
24. All storage shall be screened from the public right-of-way.
25. 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 the Enterprise Rent-A-Car Facility including, but not limited to, Conditional Use
Permit No. UP2017-030 (PA2017-215). 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
26. All emergency vehicle access gates shall have a lock approved by the Newport Beach
Fire Department. Where gates are electrically operated, an approved key switch and an
approved remote opening device shall be installed and maintained operational always
or locked in the open position until operational. All gates located on the properties shall
be accessible by Fire Department personnel.
27. The minimum width of any gate or opening required as a point of access shall not be
less than 14 feet in unobstructed width. The minimum width may be increased
depending on the length of the approach.
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Planning Commission Resolution No. PC2018-014
Page 10 of 13
28. All vehicles within the showroom shall have all batteries disconnected and the fuel in
fuel tanks cannot exceed one-quarter tank or five gallons (whichever is least). Vehicle
fuel tanks and fill openings shall be closed and sealed to prevent tampering.
29. Fire Department access shall meet the requirements of Newport Beach Fire Department
Guideline C.01. Fire Department access shall have the capacity to support 72,000
pounds.
30. Fire Department connection ("FDC") shall be on the address side of the building and a
minimum of 30 feet from the beginning of the radius for the driveway approach near the
access roadway. FDC shall be no more than 100 feet from a public hydrant.
31. Fire access is required to be located within 150 feet of all portions of the structure.
32. The existing fire hydrant locations shall be reviewed by the Fire Department and an
onsite fire hydrant may be required.
33. The fueling station addition shall comply with California Fire Code ("CFC") Sections
2304, 2305, 2306, and 406.7.2.
34. All proposed fencing shall not obstruct the existing fire hydrants from the existing and
proposed structures.
35. The proposed garage may be a change of occupancy from the current use and will need
to meet all applicable CFC requirements.
Building Division
36. 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.
37. All separate detached structures that are to be demolished shall have a separate
demolition permit.
38. 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.
39. Any building containing vehicles as a showroom shall be classified as a B occupancy.
40. The Applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 11 of 13
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
41. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
("SWPPP") and Notice of Intent ("NOi") to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The Applicant will provide
the City with a copy of the NOi and their application check as proof of filing with the State
Water Quality Control Board. This plan will detail measures and practices that will be in
effect during construction to minimize the Project's impact on water quality.
42. Prior to the issuance of grading permits, the Applicant shall prepare and submit a Water
Quality Management Plan ("WQMP") for the proposed Project, subject to the approval
of the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices ("BMPs") to ensure that no
violations of water quality standards or waste discharge requirements occur.
43. Prior to the issuance of grading permits, the Applicant shall prepare and submit a
geotechnical report to the Building Division.
44. Prior to the issuance of grading permits, a drainage and hydrology study shall be
submitted to the Building Division.
45. A list of "good house-keeping practices" will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 12 of 13
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
Public Works Department
46. The existing driveway located at 4361 Birch Street shall be abandoned per City Standard
STD-165-L.
4 7. The rolling gate at the northern employee parking area shall remain open during all
hours that employees are on-site and shall be opened at least 15 minutes prior to the
first shift change. Vehicle queuing at this entry that would obstruct any portion of the
public right-of-way is prohibited. Should problems resulting from the rolling gate arise
and persist, the rolling gate may be required to be removed at the discretion of the City's
Traffic Engineer.
48. An encroachment permit shall be required for all work within the public right-of-way.
49. All water services not used as part of this development shall be abandoned at the water
main.
50. All sewer laterals not used as a part of this development shall be capped at the property
line.
51. A sewer cleanout shall be installed on the sewer lateral to be used for this development
and shall be constructed per City Standard STD 406-L.
52. The final parking layout shall be reviewed and approved by the City Traffic Engineer.
This parking lot layout shall show all striping and shall be fully dimensioned and shall
demonstrate a minimum offour (4) vehicle transport trucks can be parked and unloaded
on the site at one time.
53. All improvements along Campus Drive and Birch Street shall be located outside of
existing five-foot-wide water easements.
54. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with NBMC Section 15.32.015 (Underground Utilities Service
Connection).
55. County Sanitation District fees shall be paid prior to the issuance of any building permits.
56. Prior to commencement of demolition and grading of the Project, the Applicant shall
submit a construction management and delivery plan to be reviewed and approved by
PA2019-185
Planning Commission Resolution No. PC2018-014
Page 13 of 13
the Public Works Department. The plan shall include discussion of Project phasing;
parking arrangements for all sites during construction; anticipated haul routes and
construction mitigation and continued operations during construction including off-site
parking/storage if applicable. Upon approval of the plan, the Applicant shall be
responsible for implementing and complying with the stipulations set forth in the
approved plan.
57. Traffic control and truck route plans shall be reviewed and approved by the Public Works
Department before their implementation. Large construction vehicles shall not be
permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen.
Added Conditions
58. Prior to final inspection of building permits, the Applicant shall construct a six-foot-tall
concrete masonry unit ("CMU") block wall along the entire side property line between
4341 Birch Street and 4321 Birch Street.
PA2019-185
Mll'IUTES
CITY OF NEWPORT BEACH
November 4. 1993
' ROLLCAL=L:..i-.+--I-IH-+-f-l-------------------------t-'-N_DEX __
'
A, Traffic S1mly No 89 {Pnhlic Hcarine) 'ltOIII Hn.l
Request to approve a Traffic Study so as to nil ow the construction , !ill
or a 9,000 square foot nutomobile rental facility including
adminic;trative offices. automobile maintenance facilities, fuel UPlSlZ
·facllltlcs and n surface automobile storage ;:frca: antl the Approved
acceptance of an environmental document.
AND
I' l \ B {/<;c Psrmic No 1512 {Public llcru:ilu:l
! ' Request 10 pcrmil the cstabll,;hment of 11n uutomobilc rcnlul and
I : 1 I storage facility on property locn1cd in the M·l·A Oi,;tricl. The
I I i : proposed facilily will include adminis1rn1ivc offices, automobile
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' maintenance, car washing and dctr.iling, :and refueling operations.
I The propo<;al also includes n modification to the Zoning Code ro
ns lo allow the installation pf a 6 foot high monument sign nml n
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1 security gate, both of which encroach i1110 the required IS foot
\ front yard seth:1ck.
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LOCATION:
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ZONE:
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\ APPLICANT:
Lots 7, 8, 9 and to, Trnct No. 3201, located
.it 4361-4443 Birch S1rcel, on the
northwesterly side of Dirch Strecl, between
MacArthur Boulevnrd :ind Dove Street.
:icro'i'i from the Newport Pl.ice Planned
Community.
Robert 11. Lee and Assncintcs, Petaluma
'1 I ' ! OWNER: Alamo Rent A Car, r-ort L:mdcrdalc, Florida
I, l ! William R. Laycock. Current Plmming M:magcr, rcpor1cd that the
1 , required Lot Linc Adjus1mcnt was approved by 1hc Modifications I I Committee on Novcmhcr 2, 1993, in accordance with Condition \ iNo, 27, E.'d1ihit "A". In reference H> the M:iff report rcg:mling the
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PA2019-185
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MINUTES
CITY OF NEWPORT BEACH
November 4 1993
parking spaces required (or the s1oragc 1 servicing and cn.r wash
pnnions o[ the operation. Mr. L:lycock reported that the staff
report should be corrected 10 state 19 parking spaces insten.d of 3
parking spneeSj therefore, the Iota! parking requirement would be
31 parking spaces as opposed to 15 parking spaces. An automobile
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teasing facility does not ~ave'a specific parkrng requirement, nnd
inasmuch as a maximum of 15 employees would he on the site 3l
any one ti111e 1 16 additional parking spaces would he provided Cor
/ l.1.l'ilomers, which is ndcqunte to serve the facility.
1 ·111e public hearing wa.,; opened in connection with 1his i1cm, and
, Mr. Gary Scmling appc.ircd before the Planning Cnmmiso;ion un
/
behalf of the applicant, I le rc,111cs1ed the fullowini: changes to lhc
original applic:uion. In reference 10 Condi1ion No. 13, Exhibit "N,
'he •Hated thnt a modification to 1hc 7uning Cndc would not be
: required. '111c requcc;t for a monumem sign and n security gate lo
jcncroach into the required 15 foot front y:ird scthJck ha-. been
cli111in:11ed from t11e proposed plan.,; inmmmch as no Ctl.!iltlmers
wnul<.I be coming to lhe focility, and no :;l1t1t1le bu:; wntild be
coming ICl lhc esl.1bli'i11111ent. I le !.lJted th,11 a sign wol!ld be
loc,11etl on the fa.,cia of the hnihling indic:11ing Al:1010 Rent•A-Car.
'Jl1e floor pl:m has nli.o been clmngcd to provide only a conference
moll\ anti nil office in the admini,;trativc area, and no cm1111er area
i , ;would be provided. Mr, Scrnlini: requested that the setback of the
11rnpo,;ed 111:1-.onry wall along n portion of Birch S1rcct he moved
to within 17 feet of the fro:! property hnc ;and huill to a heigh I of
'\ feet 4 inchc:;. I le 'it:ttcd lh,ll ,t 5 font 4 inch hii;h 111:L~Qnry wall
would he l'011-.1rnc1ct.1 :i\oni; the 1111rthcrly ,;idc property line, from
the 15 fool front ynrd sclhad. for u lcng1h of IOO feet, which
: corrc,;pontls 10 the from of the propo-.cd h111lding, luc:t1cd 115 fi:ct
;rrom 1he front property line. ll1e e'ti'iting trees will he removed
Jwhen the mtL'ionry w.ill i-. con,;1ructcd. Mr. Smelling also Slated
,thal the widened driveway :1pproach would rcm:tin, and lh:tt a
! Jn:Lo;onry w:111 would be cor.struc1ctl along the southerly side 1properly line, similnr in heiglu and tlepth to the n1her ma,;onry
1w:1II. In reference lo the canopy in 1hc pump i:.land thal is 18 feet
,high wirh :1 4 foot wide fa,;cin, he requested that the c:innpy he
f°wcrcd lo 16 feet high v.ith a 4 foul wide (:1,;cia. lie rcqucMcd
i .3.
PA2019-185
j 4 -' ,'
COMMl&stONERS
----+-,-+-~~, ___ c_ITY __ o_F_N_E_w_P_o_R_T_n_E_A_c_a~=•=",-',=~ , _ November 4 993
~OLLCALL INDEX ------t--+-+-t·-t---f--i--l--•-· --•. -
MINUTES
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I. that the <:!l11opy be extended to allow for .in ndded dispenser so 0$
to eliminate the automobile hack-log that could occur. In
response to a question posed by James Hcwickcr, Plann{ng
Director, Mr. Semling described the location of the additional
island and 1hc vacuum unit that would be shirted away from the
property to thC sout!1t nnd he anticipated thnt the va.cuum would
be :1pproxim.itely 7U feet uw:iy from the southerly side property
/ line.
I
' i Mr. Scmling requested that the 4 foot hi1::h wall ndjncent to the ! employee p:1rking be constnieled :L~ a chain link fence with slats
, a.~ <1ppo~cd to masonry. 11te employee pnr~lng area would be
I !;1m.lsc.ipcd wilh 29 trees and shrubs. In rc:,;ponse to n question
1 po,;e<l by Ch:iirnmn Merrill, Mr. Semling replied that the fence
\H1ul<l he vMhle from !he .street.
' 1 l ; In rc,;pon,;c lo a t\t1estion posed by Mr. Jlc\\JCker, Mr. Sernling
, c'<plaincd th:1t the applic.1.nt Im~ indicated that the propnsed chain
link fence would 1101 be as visible u..:: :i wall :ind the fence would
not he mlj;1ce11t to the street. 1be fence would also mMch the
ch;1i11 link fence and .,;l;1L,; thnt arc Ioc;11e<l at lhc rear of !he
propeily.
' Mr. Scmling requc~tcd that Condition No. 12. in E.d1ihil "A", //wt
the orMite JmrJ..i11g, ~·cliic1,fc,r c(rc11/atin11, PL'tleJ/rian cin:ttlfltian
l)'ffemr om/ 11 dct11ill•1l tJp,•rritimr tlcJig11 p/a11 jor llu• J/11,ttl,: h11r
c.·mtomrr tlrop•r,JJ mu/ ptc.k-11p hcsulJjcr.:l ((J fwtlwr rc\·ic:w by tlic C(ty
'/'mjfic D1;:i11cl'r, be deleted i1m,;much :i,; thL·rc will no longer he a
,;huule service or custorner <lrop-or( to the site. Rich Edmonston,
1 City Trnffic Engineer, concurre<l with the request to delete
Condition No 12. lie cxplaine<l th:it when the rc11uc.,t wa..~ 1
origin.11ly reviewed, it was s1:1fr-; opinion that a shuulc hus would
he pro..-itlcd for cw,1omers.
: In reference to Coudhion No. 13, Mr. Scruling requc~tcd that the
, reference 1n the nmnumcnt sign be dclctc:d.
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PA2019-185
'COMMISSIONERS MINUTES
;~_tl,~1· t'------" :~~"' CITY OF NEWPORT BEACH
-----1-.l-W, November 4, 1993
ROLL CALL
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In response lO questions posed by Mr. Hcwickcr, Mr. Scmling
replied that customers were originally going to c-omc 10 the subj~ct
site. Mr. Jlewickcr suggested that a condition he added indicating
that no customers would be coming to the site. In reference to a
question posed by Chairman Merrill, Mr. Edmonston replied that
j the Traffic Study ha.o; been reviewed by starr and it is ncccptnblc.
' ln response to quc~tiono; posed by Commissioner Ridgeway, Mr.
'Scmling expl:tincd that the County has provi<lcd them v.ith ample
· pnrt..ing spaces at John Wayne Airport, and the custo1ncrs would
: rcmrn the aulomohilcs to lhc Airport. ·
: ln rc'ipon'ic to a question posed by Cmnmissioner Gifford
regarding Comlilion No. JO, fahil,it '"A'", Mr. Semling c,cplaincd
thnt the :1pplic:int docs not propo,;e a 'iccurity gJtc :111U, therefore,
there would no longer he a request It> encroach into the required
15 foot front yarc.l scthack on Birch Street. lie furl her rcplicc.l that
the three r\,Ol high brid wnll nn il ponion or the ,;ubjcct site is
'. near the 15 foot seth,1ck.
Mr Murk Knutson, <,I ~fajorca, Laguna Niguel, nppcmctl before
the Planning Commis,;ion nn behalr of Alamo Rent-A-Car. He
'discu,;c;cd the aforcmc111ioned changes in the u,;c of the facility Tn
rcc;pon,;c It> a quc,;1ion poc;cd by Clmirw.,n Merrill, Mr. KnuLc;on
cxplui11cd th,11 the nutomohilc,; arc currc1 ly hc.ing serviced :it 3510
Irvine Avenue.
In rc-.1,011,;e to commcnt'i by Chairm:1.11 Merrill rci::irding revenue
from the sale.,; tax, Robin Flory, Assistant City Auorncy, stated
1h:u sales t:ut would be an irrelevant cun!liUcrutinn for the approval
1 of the use permit.
In rc,;pon-.e to :1 tiucMion posed hy Chaimmn l\fcrrill regarding 1hc
clmin link fence, Mr. Knubon replied that he wm11ll 1101 ohjccl 10
:1 block w;_11\ in 1hc employee parking arc:1.
Co1111111,;,;ioncr DiS:1no conunentcd that ina,1nuch n,; 1hc applic:ull
-.1.11ed that customers ..,,maid nnl he coming to the si1c, that ff the
.5.
INDEX
PA2019-185
ROU.CALL
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,MtNUTl!S
CITY OF NEWPORT BEACH
November 4 1993
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use would be changed in the future It would be necessary for the
applicant to apply for an amendment to the subject use pcrmh.
Mr. Knutson stated that inasmuch as the alrpon allocates parking
spaces based on market share, and Alamo R~nt•A-Cnr parking
spaces were doubled in 1993 and ,..,ill be doubled ag,,in in 1994,
1berc would no longer be a need for customers to come to lhe
subject site.
i In responc;c to a (IUCMion po~cd by Mr. I Jcwicker, Mr. Knutson
cxplnincll that the customer, that come to the Irvi'nc: Avenue
/ fr1C1lily nrc directed lo rent the automobiles at the airport.
I
/ In rc<it>nnsc to que<.lions posed l,7 Commi.c;sioner Ridgeway, Mr.
I Knu1son e1plnined 1hr. procedure th.11 ic; followed with respect to
1 moving the ,mtomohilcs hclwcen the facility and tbc airpnr1. Mr,
Knutwn replied that the turnover or automobiles per d,,y is I .1ppro"dm:i1ely 250 to 280 trips.
: Mr. Juhn Arlulli, 19000 MacArthur Unulevard, (rvinc, rcpre)cnting
1 the Sevcnlh Day Adventist Church, appeared before the Pl.inning
: Cummis.c;ion. I le supported the propose•~· project; however, he
'e:,.prcssed conccrn.1> that the use nnd the site plnn would ndverscly
:1rfect the v:ih,c of their property nnd the comfort uf their tcnnnl5
directly 'ioudt of thr. c;uhjcct building. I le :iddrc,<.ed the extension
of the hlocl.. wall, :uni he !ti.lied 111.11 the propnc.cd lantl'-C:1ping I hat
\•muld be i11<.t:illed :1tlj;1cenl to the properly wnuhl not <.often !he
, propn,cd chain lmk fence. I le expressed concern,; regarding the
noi<.e level :ind the nec;thelics of lhe ,c;ervice :;1:,1io11 ;md v:icuurn 1 :1rea 111:11 is the close1>t to the orrice building 111:11 he rcprcsentc;. I lc
':;uggc.,;,tcd tlmt the block wall be extended the length ur the 1
property of the common property line he1wecn the two properties,
, :111d to h,1vc l:111thcnping on both sille,;, of the wall to !tciflen the
'appearance. Mr. Arloui rcque:-.tcd :m on-going rel:itioinc;hip ~ith
IAlamo Rent•A•Car in the event there would he future concern.'>.
, 1 In rcspnn.c;c ;u 1,t1~,1io11!> posed by Conunis\\oncr Pumcmy, 1\ir. 1
,l'\rlotti moved II' the exhibit :irc:t, :md he dc,crihcd !he :1rcnc; that
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PA2019-185
. ~ • ·' . •' •. ' .. . ,,: -' • ,· ,,_ ,'¼ .
. \ . . ' .J~-,.;;,u,i.,,,."" ' ,£,d . ·1 .. :· . 1'<:-fl!':-.r.·~·~~ -•
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~~-~ CITY OF NEWPORT BEACH
November 4 1993
ll(!LLCALI.-
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he considered would adversely affect the adjoining building's fir.il
, and second floor tcnanL,;. I In respnnse to a question posed by Commissioner Ridgeway, Mr.
1
Arlotti supported the proposed S foot 4 inch high wall,
' I Di,;cu~ion cn,ucd regarding the propo'icd lnnd~c:tping. Mr.
Scmling reappeared before the Pl:mning Commi\Sion, lie
1 cxplainc<l that the landscaping includes trcC'i that would ultima1cly
be 30 feet high, nnd the 1rccs would screen the subject property.
ln rcspun,;c to (JUcstiom po<icd by Chairnmn Merrill, Mr. Sending
opined thal the extensions or the proposed masonry walls 100 (c..:t
, nlong each side or the property, to the renr or the 15 foot front
y.trd setback, would mJdrcss Mr. Arloni's concern'i, Mr. 1 lewii:ker
'. qucrieJ if t!. 5 foot 4 inch high block wall would slop the vacuum
I equipment 1mi~c wherein he con11nen1ed lhnt the only mitigntion
; would he di:mmcc from 1hc prop,;rty line. Dic;cu'i!iion ensued
J regarding lhc impacl of vacuum e,1uipment noi,e, and the
; ex1ension or the propo~ed walls.
·mere being no others t.lesiring to nppenri :ir-d be he,m..l, lhe public
he:1ri11g wac; cl•1c;cd :11 thi,; time.
In response u, :t question poc;ed by C:onuni'i!iioner Ridgeway
' n:1;,1rd111g the propo'icd mewl building, Mr. 1 lcwicker refcrrrd 10
+ Cnmli1ion No. 22, Exhibit "A", and he !iuggcs1cd that the from of I the huiltling be con\lnJClcd of n split-face block to corrc::.pond with
I the trca1111c111 1ha1 is being used on the ma~onry w:1\1 :icnm the
! fronl nf 1he properly.
Mutiun was •nadc and \'otcd on 10 :ippnwc Traffic Study No. 89
l :iml U,c Permit No. 3512 ,ind rclaled Environmental Document
, subject In the rindir.gs and cundi1mm in Exhibit "A", delete
; ComJition No. 12, and add Condition No. 30 .sl:lting !hat ;m
j :nltli1ional !(JO foct of m:uonry wall to the rear of the wash rnck be
! required :1\ong the ,;outhcrly :,,hie proper!} line hdorc converting
1
IO diain link fence. Conuui'i~ioncr l'nmcroy mldrc:,,~ed the
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JNOEX
PA2019-185
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'CITY OF NEWPORT BEACH
November 4 1993
nforcmc11tioncd concerns reg.mJing a chain link fence with slats
ndjaccnt to lhe office budding, Modiry Condition No. 13 to reflect
1 the deletion of the monument sign. Add Condition No. 31 slating
that customer drop-off or pick-up would not be allowed on the
site. Commissioner Rid;cway suggeStCd that Con'drtloii No. 32 be
added to address the retention o( the. wall for the employee area.
Commissioner Pomeroy concurred thut a 4 foot htgh masonry wall
would replace the chain link fence, Finding No. 6, regarding the
proposed modification to the Zoning Code, was nlso deleted.
ina.,;much as tho revised plans no longer have cncroacl11nc111g in
the required 15 foot front yard setback. MOTION CARRIED,
ITNYJHONM5NTAI, POCI fMENT:
,' environmental documcnl, mJking 1hc following
requiring the rollowinz the mitigntion measure,;:
Accept the
finding,,; and
/ £imfuu:,:
: 1. ·nmt b:i,;ed up1m the information contained in the Initi:il
Study, conuncnt, received, nod all related document,;, there
is no subo;tamfal evidence that the project, ns conditioned
nr <L"i modified by mitigation mca,;ureJ identified in the
Initial Study, could have a sig11ificnnt effect on the
cnvironmcn1, thl!rcfore a Negative Dccl:irallon hair; been
prepared. 111c Negative Declaration adequately adtlrC\'ie'i
the po1emi:1I environ111enlal impacts of the proJcct, :ind
sa:isfies all the requirements of CEQA, and is therefore
:111proved. ·tnc Negative Dcclara1ion was con,;idcrcd prior
tn :111provnl of the project.
2. An Initial Slutly 11:1,; hCcn cvnllucted, :iml considering the
reccrd ,t<; a whole there is no cvi,kncc before thi,; ngcncy
th,11 the propo$cJ project will h:wc the polentia\ for il.n
:tdvcrsc effect 011 wildlife rc.,;ource~ or !he hahitat upon
which wildlife depend,;. On the basis of the evidence in the
record, this :1gency finds that the presumption of nJverse
e(fc~l contained in Section 753.S(d) of "litlc 14 of the
California. Code of Regulnlions (CCR) hns been rebutted •
INDEX
PA2019-185
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CITY OF NEWPORT BEACH
November 4 1993
'C11crcfore, the propo-;cd project qualifies for a De Minimis
Impact Fee Exemption pursuant to Section 753.5( c) of Ti Uc
14, CCR.
MITIGATION MEAS UR ES:
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Prior to the Issuance or any building permit, the applicant
shall demonstrate to the Planning Department that the
lighting system shall be designed, directed, and maintained
in such a manner as to conccnl the light source and to
minimize light spill:igc and gl:1rc to the ndjucent properties.
The plum shall be prepared and signed by u licensed
Electrical Engineer, with n letter from the engineer slating
th:11, iil his opinion, thi'> requirement hn,; been met.
Prior to the bMiancc or n ccrtificntc of use nnd occupancy,
the app1icnnt must dcmon,;trntc lo the City's Building
Dcp:,rtment and Fire Dcpnrtmcnt that the project is in
compliance with the County of Orange l Jcalth Department
nnd 1hc City's Fire Dcp:inmcnt Rcguliltions,
'.U. Jl?.AJ"FIC S'1"l1DY; Approve the lhffic Study, making the
finding.'> li.,;1ed below:
I I lflli/211:!QS;
'111:11 a Trnrfic SIUlly ha'> been prep.ired which :u1aly1cs the
i11111:1cl of the prop1N,:d project 011 lhc pc:lk-hour 1r,1ffic anti
circul:uion !iY!IICIU in :1ccnrd:111cc w11h Clmp1er 15.40 ur the:
Newport Bc:ich Municip:\I Cude nnd City Policy S-1.
111a1 the Trnffic S1udy indicate\ 1lmt the project-generated
traffic will neither cause nor mal.e worse an un~1tisfactoI)'
ll.-vel of trnffic on any 'nmjur,' 'primary-modified,' or
'primal)'' street.
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PA2019-185
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CITY OF NEWPORT BEACH
Novcmbcr41.22.L..,
JNDl!l<
3. That the Traffic Study inf;Ucatcs that the project-generated
traffic will not be greater than onc·perccnt of the existing
traffic during the 2.S hour pcnk period on four of the seven
study intersections and that the ICU analysis for the
intersections of MacArthur Boulevard/Birch Street.
MacArthur Doulcvard/Olmpus Drive and MacArthur
Doutcvard/Jnmborcc Road, lndlrotcs that the ICU values
for the AM. and P.M. peaks will not be nltcrcd by the
addition of.tile projccL
usr; PERMIT NOclli2
1. That the proposed application is support service in nature
and an intensification of use of the existing structure within
the limit~ specified by Chapter 20.07 or the Newport Bench
Municipal Code, and as such, is consistent wilh the Land
Use Element of the General Plan and ls compatible with
surrounding land uses.
'z.
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That adcqu:1te p:1rking will exist on-site for the pr.:,posed
development.
3. Timt the cst:iblt,;luncnt of 1hc subject bu'iincs.,; will nol have
any signiricant cnvironmcnt:il impact,
4. ·niat the desi1,n of the prnpo,;ed impro\-emcnt,; will not
connict wi1h any c:1,crncnt,; 11c<1uircd by the )luhlic a1 large
fur access lhruugh or use of properly \l.ithin the J>topo,;cd
tlcvclopmcnt.
'11lat public improvements nmy be required of a Jc..,·clopcr
per Section 20.80.060 or the Municipal Code.
Deleted.
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PA2019-185
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MiNUTES',
CITY OF NEWPORT BEACH
.November'4 1993
That the approval or Use Pcmlit No. 3512 will not. under
the circumstances of this cnsc, be de1rlmcntal to L!:e health,
safety, peace, morals, comfort and general welfare or
persons residing and working in the neighborhood or be
detrimcntn1,or Injurious to proll(:rty nod improvements In
the neighborhood or the general welfare of the City.
'l'hat the proposed development shall be in substantial
conformance with tho upproved, revised plot plan1 floor
plan and clcva1lons, except as noted below.
11ml all parking spaces shall be striped with approved
trarfic markers or painted white lines not less thtm 4 inches
wide.
·n1al the required number of hnndicnpped parking spaces
shall be dc,;ignalcd within the on-site pnrking :lrea and shall
be used solely for handicapped sclr-p;1rking. One
h:indic.1ppcd sign on .1 post and one handic.ippcd sign on
the pavement shall be required for c:ich h:indicappcdspace.
"11ml all mcch:mical equipment, 1ra.'ih arcM and vehicle
\toragc areas slmll he screened from Birch Strccl and
adjoining prupcrlies, 'l11e,proposcd :-.crccning adjacent lo
1he Birch Street frm11age slmll he a minimum of 5 rcct 4
inches high.
"lli.d all :mtornohilc repair,; :,,hall he condm·tcd within the
building and no ouldoor di~play of vehicles fur :;ale shall he
pcrmitlcd;
'111:11 grc:L~C intcrccJ1tors ,;\mil he prt,vidcd in all drnins
within the building where petroleum rcsulue~ may enter the
sewer ,;ystcm, unle,;,; othr.rwi,;c 11crmittc1! hy 1hc Building
Dcp.irtrncnt.
INDEX
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PA2019-185
COMMISSlONERB· '
~" CITY OF NEWPORT BEACH November 4
RcO_L_L_CAL--L-l•+++-H-f
• --That no outdoor sound system shall he utilized on-site.
\8. That all employees shall park,on•sitc·nt all times.
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15.
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That all :c;igns shall be installed in accordance wilh the
requirements or l'lcwport Dcnch'Sign Code.
Tiint any ruturc entry security gale shall he located to
provide n minimum di:c;tancc or twenty (20) feet from the
fronl property line, and ~hall be subject to further review of
the Cuy 'l 1~ffic Engineer.
·111:11 all improvements be constructed ns required by
Or<linancc and the Public Works Dcp:1rt111cnt.
Dclclcd.
Slopes, landc;c:ipc, wall:,; amt other obstruclion shall be
dcc;igncd in :a1ch a manner m, to provide sight distance in
conformance with the City's Sight Di,;t:1ncc Stnnd,in.l 110.1 ...
Londscaping within 1he \ight line shnll not exceed twenty-
four inche,; in height.
·nm1 the intersection of llird1 Slreet ;md lhc priv.11e drives
he de~igncd !Cl provide sight dist;111cc fur 11 ,p~•ed of 40
miles per hour. Slope,;, J:111dsc:1pe, wall,; and uthcr
ob,;lructinn ~hall he considered in the sight dist,mce
requirements. l..andsc,1ping within tl1e sight line shall no!
exceed 1wcnty-four ind1cs in height.
Thal the ccnlcrline or the cu,;tomcr tlrivc c11tr:111cc <,\,nil he
aligned with the centerline of the drive entrnnce uf the
Sheraton I lo1cl loc,ucd dircc1ly ucrus,; Birch Street, unlcs,;
othcrwi,;c :1pprnved hy the C'ity TrnJfic Engineer.
'l11at the unu~cd drive apron,; he removed :1ml replaced
with curb, gutter Jt1d ,;idcwulk along the Birch Street
frontage. All work ,;h;11\ he cmnp!cied under :in
-12·
1993
INDEX
PA2019-185
~
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CITY OF NEWPORT BEACH
___ _Novcmbc
RO::;:::LL=CAL=L-H-+++-J-_j ________ _
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18.
19.
20.
21.
22.
2.1.
encroachment permit l~ucd by the Public Works
Dcpanmcnl
Di.m1ption c:iusctl by construction work along roadways and
by movement of construction vchiclc5 shall be minimized by
proper use or traffic control ·quipmcnt and Ongmcn. Traffic
co111rol und trnm,porlation 01 equipment and matcriuls shall
he conducted in accordance with Mate and 101..-al
requirements
·niat ovcrhcm.l u1ilitics. serving the site be umlcrgroundcd
to the ncmcs1 appropriate pole in accordance with Section
19,24.140 of the Municipal Cude unless it is determined by
the City Engineer that such umlcrgrounding is unrc,1,;onahlc
or imprJctical.
'l11at the car \I.ash :1rca shall he protec1ed so a~ lo prevent
dr:iim,ge from the parking l01 from entering the sewer
system. 111e drnin sh.ill he connected to the sewer system
nnd have ,1 grease trnp. ·n1c dc:,,ign .ind instnlliition of the
.:1bove facilities shall be approved by !he Utilities
Dcp:utmenl.
TIMI the outdoor ,turnge of tires :mJ other aulo rclllletl
par1, or mcrdmmh,;c ,;hall be prnh1hitcd on-site.
'11iat the entire ,itc ,hull he maintained in a cleun :md
or<lcrly m:mncr.
"11ial 1he front of !he huilding facing Birch Street ,11:111 he
cun,;lr•Jcted of ma,;onry veneer or sinular 111:11crial as
indic:ilcd on the approved c!cva1ion.
A laml,;c:1pc and irrig:uion pl,m fur the project shall be
prepared by a liccn$cd l:111dm1pc :irchitcct or ;irchitcct.
ThC' l:111d~c:1pc pl,m shall in1cgrnte :md plmsc the
insrnllatiOn of l:md~c:iping with the propn~cd ctm~lruction
sc:hcdulc, (Prior to 1hc occupancy or 1he s1ruc1Urc, the
.13.
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INDEX
PA2019-185
ROLL CALL
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MINUTES
CITY OF NEWPORT BEACH
Novernher._1, 1993
INDEX
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25.
26.
licensed landscape architect or architect shall ccr1ify 10 the
Planning Department that the landscaping h115 been
installed in accordance wClh lhe prepared pl::m).
·n1e landscape plan shall be subject 10 the review of the
P,uk.,;, Deachc,; nnd Recreation Department, the Public
Works Dcpnrtmcnt, and the Plnnning Ocpnr1111c111.
J,;111d~cn11ing, shull he regularly m:1intuinctJ free of wcetl,;
and debris. All vegclation shall he regularly tn'mmcd :!nd
kt.•p: in :a hcnl1hy condi1ion.
·n1at the upprov;il of thi,; applic:itimt sh,,11 pcrmit t.·omplcte
engine rebuilding (including electrical and 1mns111i,,;ion
re11air). as well as lune-up,;, lubricmion, smog te,;1mg and
br,tke ,;crvicc ;md in,1:illa:inn No painting, body work or
othc-r upcr.itions or :1 similar nature shall he pcrmn1ed nn•
!-ite unlc,;,; an .imc.ndmeut 10 thi, u,;e permit i,; npproved hy
the Planning Cuuunission.
i27, That .1 l.01 Unc Adju,;tmcn1 !-hall he approved nnd
recorded to crc:1te one building ,i1c. prior to the i'>'u:rnce or
building permits.
:m.
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"Jlmt !he l'lmmi11g Comn1i ... .._1c,n m:iy :idd <'r 11t0thfy
<.omht1011s of :1pproval u, thi, use permit. or recotnrucnrJ ID
the C11y Council !he rcvm.·,ilion of thi~ u.._c pcrnut, upon a
determination lh:at the nper:a1ion whit:11 is the ,;uhjcc1 of thi.._
u,;c pcrmil cm1-.cs. injmy, nr i,; detriment.ii :o the henhh,
,afc1y. pence, nuu:ih,. curnfort, or general welfare or the
community.
,29. 'tlli,; use permit .._hall expire unle~,; exerci-.cd \\ithin 24
month,; from :he d:ne of :1pprnv:1l a-. ~pccificd in Src1mn
211.80 090A of lhc Newport Bench Municipal C'otle
30. ·111:11 :1 S foot 4 inch high 111,1,onry w;11l ,;h:111 hc: cm1,;1rnc1ccJ
:1ln11g 1hc nor1hcrly side 11mpcrty line ror al le.isl JOO feel
.14.
PA2019-185
COMMISSIONERII
CITY OF NEWPORT BEACH ~~
'.'Z~~.
R-01.L CALL.,_,_.,_,_ --·tl-j-.
11 i
~O_JCJ:!~~L 4tJ.m_
INDEX
to the rear of the required JS foot front yard setback
before converting to chain link fence. A sim1l:1r masonry
wall shall be construclcd along the southerly side property
line, provided that the masonry wall be extended an
additional 100-foel before converting to chain link fence.
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1 t 31. ·111:11 no cu,;tomcr service, shuttle bus sc1vicc, cu,;lomcr
drop off or pick up or automobiles shall be allowed on the
prcmi'iC\ unlc.~\ :111 amem!menl to the use permit is
;11,provcd by the Planning Comm1~ion.
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·111:u a •1 fool high rmmmry w.ill ,;!mil replace !he chain link
foncc in the employee parking men. ...
' J..!:i,1;J~~.cmit No, j( .. IQ1An1c11.d.wl..(Cuhlic..1kil.Illu:l (11lcm 110.2 ~ Rcquc.~t lO amend a previously :1pprovcd use permit that pcm!} cd ;r~=-
t lhc cstabli'>hmcnt or a restaurant with outdoor dining, thc)ICrvlcc ur alcoholic bcvcrnge,;;, and live cn?crt:,inment in,;idc tJ,C f:icillty, llpprovo d
un property located in the H.SC-11 Di~trict.~l ~ prcposell 1
:imcndmcnl incluc.k,; n rtquc'>t 1o relnc:ile the prcv· usly approved
outdoor tlining ;irc:1 to lhc nurlherly side }' the rc-.t:iurnnl,
:ulj:u.e111 Ill the rc.u p.u~ing ;trca or th-v1fa.-.1bluff Shopping
Center, /
•I.OCA110N: Parcel 1, l..1.,y6nc Alljustment No. 93~2,
l loca1cd nt/~.11 E., .. 1hluff Drive, at the
nnrtln,c<ilCrly corner of Ha\lhluft Drive nml
Vbta dcl Sol, in the l!a..;tblurf SJ10pping
Cc111cr.
zo:--:E: l<SC-11
Al'PI IC'ANT!
,OWNUR:
Puccini lli,1nr:m1c, Neu port Bc,1ch
'Ilic lr.·mc C"nmp:my, Newport Bc.ich
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PA2019-185
RESOLUTION NO. 1960
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2014-025 FOR A VEHICLE RENTAL FACILITY
USE LOCATED AT 4500 CAMPUS DRIVE AND 4361 BIRCH
STREET (PA2014-108)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Rabi Ann Sales of DLR Group, on behalf of Enterprise
Holdings, Inc., with respect to properties located at 4500 Campus Drive legally described
as Parcel 1 in the City of Newport Beach, County of Orange, State of California, as
shown on a Map filed in Book 60, Page 22 of Parcel Maps, in the office of the County
Recorder of said County and 4361 Birch Street legally described as Parcel 1 on Lot Line
Adjustment 93-5 recorded December 8, 1993 as Instrument No. 93-0854901 Official
Records, requesting approval of a conditional use permit.
2. The applicant proposes to expand the existing Enterprise Rent-A-Car facilities located at
4361 Birch Street. The proposed project includes the following: (1) demolition of three
existing office buildings (69,804 square feet in total) at 4500 Campus Drive; (2) grading
and paving with installation of perimeter security fencing and walls, landscaping, and
exterior lighting; (3) construction of an approximately 5,000-square-foot administrative
office and customer service building, 3,400-square-foot covered vehicle display area, and
surface parking (57 customer and employee parking spaces and approximately 302
stacked parking spaces); (4) reconfiguration of the existing site to accommodate
additional stacked parking (approximately 338 parking spaces) and a transport truck
offloading area; and (5) addition of two new fuel dispensers and conversion of an existing
service bay into a carwash. The existing barrier between the properties at 4500 Campus
Drive and 4361 Birch Street will be removed to allow vehicle circulation between the two
sites without having to utilize the surrounding public roadways.
3. The subject properties are located within the Office Airport (OA) Zoning District and the
General Plan Land Use Element category is Airport Office and Supporting Uses (AO).
4. The subject properties are not located within the coastal zone.
5. A public hearing was held on November 6, 2014, 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.
PA2019-185
Planning Commission Resolution No. 1960
Page 2 of 13
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 15315, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 2
(Replacement and Reconstruction) and Class 3 (New Construction or Conversion of
Small Structures).
2. The Class 2 exemption consists of replacement or reconstruction of existing structures
and facilities where the new structure will be located on the same site as the structure
replaced and will have substantially the same purpose and capacity as the structure
replaced. The proposed project includes the demolition of 69,804 square feet of
commercial office space and replacement with 8,400 square feet of commercial office
space and a larger parking area for Enterprise Rent-A-Car. Traffic generation
associated with the new commercial office space and vehicle rental operation are
expected to generate less average daily trips (ADT) than the previous commercial
office development.
3. The Class 3 exemption consists of construction and location of limited numbers of
new, small facilities or structures (up to 10,000 square feet in area) and the conversion
of existing small structures from one use to another where only minor modifications
are made to the exterior of the structure. The proposed project includes a new 8,400-
square-foot commercial office space and modifications to the existing building on 4361
Birch Street to convert a service bay into a carwash and to add a new fueling station.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F (Use Permit, Required Findings) 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 Airport Office and Supporting Uses (AO) General Plan
Land Use Element category is to provide for the development of properties adjoining
the John Wayne Airport for uses that support or benefit from airport operations. The
proposed project is compatible with other uses in the vicinity and will both support and
benefit from the airport operations.
2. General Plan Land Use Policy LU 6.15.24 {Primary Uses) indicates that automobile
rental facilities should be accommodated within the AO designation subject to
discretionary review.
07-22-2014
PA2019-185
Planning Commission Resolution No. 1960
Page 3 of 13
3. General Plan Land Use Policy LU 6.15.26 (Automobile Rental and Supporting Uses)
states the City should work with automobile rental and supporting uses to promote the
consolidation and visual improvement of auto storage, service, and storage facilities.
The proposed project will expand the existing Enterprlse Rent-A-Car facility onto the
abutting property to the north, effectively consolidating the operation to a more concise
project site. Use of several other off-site rental vehicle storage lots within the area will
be eliminated. Aesthetic upgrades to the perimeter of the project site will help to lessen
the visual blight of vehicle storage and will serve as an overall improvement to the
area.
4. General Plan Land Use Policy LU 6.15.27 (Site Planning and Architecture) indicates
properties within the Campus Tract should upgrade street frontages with landscape,
well-designed signage, and other amenities to improve the area's visual quality. The
proposed project includes significant landscaped areas within the front setback to help
buffer and blend the project site into the visual character of the neighborhood.
5. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The project site is located within the Office Airport (OA) Zoning District. The OA Zoning
District is intended to provide for areas appropriate for the development of properties
adjoining the John Wayne Airport for uses that support or benefit from airport
operations. The proposed project is compatible with other uses in the vicinity and will
both support and benefit from airport operations.
2. Vehicle/Equipment Rentals and Sales is a permitted use within the OA Zoning District
subject to the approval of a conditional use permit.
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 two adjoining properties totaling 260,910 square
feet in area and will be designed such that it accommodates approximately 697
parking spaces on-site.
4. As conditioned, the project will comply with all applicable Zoning Code provisions
including, but not limited to Section 20.40.070 (Development Standards for Parking
Areas), Chapter 20.36 (Landscaping Standards), and Section 20.30.070 (Outdoor
Lighting).
07-22-2014
PA2019-185
Finding:
Planning Commission Resolution No. 1960
Page 4 of 13
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 100 feet east of John Wayne Airport and is bound between
Campus Drive and Birch Street. The proposed use primarily services travelers of the
airport and its proximity helps to make it an ideal location while minimizing traffic
impacts to the surrounding area.
2. Properties within the vicinity of the project site are developed with single-and two-
story commercial office buildings occupied primarily by business office, professional
and administrative office, and personal service uses. Other vehicle rental facilities are
also nearby.
3. The improvements occurring to the surface parking area, inclusive of the dedicated
vehicle transport truck loading and unloading areas, will improve compatibility with the
existing and allowed uses in the vicinity.
4. Conditions of approval are included to minimize, to the greatest extent possible, any
impacts to the surrounding commercial 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.
Facts in Support of Finding:
1. The project site is comprised of 4361 Birch Street and 4500 Campus Drive and totals
approximately six acres in area. The proposed project will involve the demolition of
three existing commercial office buildings (69,804 square feet) and the construction of
an 8,400-square-foot commercial office building. Improvements will also be made to
the site to include a customer and employee parking area with 57 parking spaces in
addition to a large vehicle storage area consisting of stacked parking totaling 640
parking spaces and a transport truck offloading area.
2. The 4361 Birch Street property will be renovated, including the removal of the existing
surface parking area and reconfiguration to include additional stacked parking and a
vehicle transport truck loading and unloading area.
3. The project site is currently developed and there is adequate public and emergency
vehicle access, public services, and utilities, which exist on the site to accommodate
the proposed project development.
07-22-2014
PA2019-185
Planning Commission Resolution No. 1960
Page 5 of 13
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, or 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. The existing Vehicle/Equipment Rental facility at 4361 Birch Street has been in
operation since the early 1990s pursuant to Use Permit No. 3512, has not proven
detrimental to the area, and has demonstrated it is compatible with the neighboring
commercial uses.
2. The proposed project will consolidate the area operations onto a single site and will
provide dedicated areas for vehicle transport trucks to load and unload on private
property, not on the public right-of-way.
3. Operational conditions of approval have been added to help ensure continued
compatibility with other commercial 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. UP2014-025, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
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.
3. This resolution supersedes Use Permit No. UP3512 for 4361 Birch Street, which upon
vesting of the rights authorized by this Conditional Use Permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2014.
AYES:BROWN, HILLGREN, KOETTING, KRAMER, LAWLER, AND TUCKER
NOES:
07-22-2014
PA2019-185
ABSTAIN :
ABSENT :MYERS
BY : ~/~
Larry Tucker, Chairman
BY :
07-22-20 14
Planning Commission Resolution No . 1960
Page 6 of 13
PA2019-185
Planning Division
Planning Commission Resolution No. 1960
Page 7 of 13
EXHIBIT "A"
CONDITIONS OF APPROVAL
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. UP2014-025 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 loading and unloading of all vehicles from any form of truck or hauler shall be
conducted on-site and shall not impact the traffic flow on Birch Street and Campus
Drive.
7. 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.
8. 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.
9. 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
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Planning Commission Resolution No. 1960
Page 8 of 13
approved elements such that they are readily discernible from other elements of the
plans.
10. Prior to the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division. The plan shall meet the applicable
requirements of the Water Efficient Landscape Ordinance (Newport Beach Municipal
Code Chapter 14.17).
11. All landscape materials and irrigation systems shall be installed in accordance with the
approved landscape plan. All landscaped materials shall be maintained in a neat,
healthy, growing condition and shall receive regular pruning, fertilizing, and trimming to
maintain that appearance. Without limiting the generality of the foregoing, the
landscape plan depicts all perlmeter fencing being screened by landscaping. That
screening is an important aspect of the appearance of the site from outside the site
and therefore such screening shall at all times be maintained in such a condition that it
performs its intended purpose. 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.
12. The buildings on Birch Street shall be remodeled in a manner such that they are
compatible with the design of the proposed buildings on Campus Drive (e.g., paint
colors, window treatments, etc.).
13. 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.
14. Prior to the issuance of a building permit, the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Division. The
study shall show that lighting values at all property lines will not negatively impact
neighbors.
15. 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.
16. 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 Between the hours of
and 10:00PM 1 0:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
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Residential Property located within 45dBA 100 feet of a commercial property
Mixed Use Property 45dBA
Commercial Property N/A
Planning Commission Resolution No. 1960
Page 9 of 13
60dBA 45dBA 50dBA
60dBA 45dBA 50dBA
65dBA N/A 60dBA
17. Should either 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.
18. 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.
19. No outside paging system shall be utilized in conjunction with this establishment.
20. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
21. 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.
22. 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).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 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.
24. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
25. 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
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Planning Commission Resolution No. 1960
Page 10 of 13
or indirectly) to City's approval of the Enterprise Rent-A-Car Facility including, but not
limited to, Conditional Use Permit No. UP2014-025 (PA2014-108). 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
26. All emergency vehicle access gates shall have a lock approved by the Newport Beach
Fire Department. Where gates are electrically operated, an approved key switch and
an approved remote opening device shall be installed and maintained operational at all
times or locked in the open position until operational. All gates located on the property
shall be accessible by Fire Department personnel.
27. All vehicles within the showroom shall have all batteries disconnected and the fuel in
fuel tanks cannot exceed one-quarter tank or five gallons (whichever is least). Vehicle
fuel tanks and fill openings shall be closed and sealed to prevent tampering.
28. The building structure shall be constructed with a fire sprinkler system.
29. The building structure shall be equipped with a knox box.
30. Fire Department access shall meet the requirements of Newport Beach Fire
Department Guideline C.01, Fire Department access shall have the capacity to
support 72,000 pounds.
31. Fire Department connection (FDC) shall be on the address side of the building and a
minimum of 30 feet from the beginning of the radius for the driveway approach near
the access roadway. FDC shall be no more than 100 feet from a public hydrant.
32. Fire access is required to be located within 150 feet of all portions of the structure.
33. The existing fire hydrant locations shall be reviewed by the Fire Department and an
onsite fire hydrant may be required.
34. The fueling station addition shall comply with California Fire Code Sections 2304,
2305, 2306, and 406.7.2.
Building Division
35. 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-
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Planning Commission Resolution No. 1960
Page 11 of 13
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
36. All separate detached structures that are to be demolished shall have a separate
demolition permit.
37. 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.
38. Any building containing vehicles as a showroom shall be classified as a B occupancy.
39. The applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
40. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOi) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
will provide the City with a copy of the NOi and their application check as proof of filing
07-22-2014
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Planning Commission Resolution No. 1960
Page 12 of 13
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
41. Prior to the issuance of grading permits, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement Division.
The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements occur.
42. Prior to the issuance of grading permits, the applicant shall prepare and submit a
geotechnical report to the Building Division.
43. Prior to the issuance of grading permits, a drainage and hydrology study shall be
submitted to the Building Division.
44. A list of "good house-keeping practices" will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality, These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of
harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non-structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long-term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works/Utilities
45. An encroachment permit shall be required for all work within the public right-of-way.
46. All water services not used as part of this development shall be abandoned at the
water main.
4 7. All sewer laterals not used as a part of this development shall be capped at the
property line.
48. A sewer cleanout shall be installed on the sewer lateral to be used for this
development and shall be constructed per City Standard STD 406-L.
49. The final parking layout shall be reviewed and approved by the City Traffic Engineer.
This parking lot layout shall show all striping and shall be fully dimensioned and shall
demonstrate a minimum of four (4) vehicle transport trucks can be parked and
unloaded on the site at one time.
50. All improvements along Campus Drive and Birch Street shall be located outside of
existing five-foot-wide water easements.
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Planning Commission Resolution No. 1960
Page 13 of 13
51. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.24.140 of the Municipal Code.
52. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
53. Prior to commencement of demolition and grading of the project, the applicant shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicant shall be responsible
for implementing and complying with the stipulations set forth in the approved plan.
54. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen.
07-22-2014
PA2019-185
fA Zolq -185
Zoning Compliance Applicatien},
.. ~:O MM UNITY
Community Development Department r:,-.,,,:i_o PMENT
Planning Division ,-::J 3 0 201 9
100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone/ (949)644-3229 Facsimile
www.newportbeachca.gov •~\T Y OF
PROPERTY OWNER(S)
'k ~C,~ ';,,:,O RT 13~
NAME
ADDRESS CITY, STATE I ZIP CODE
EMAIL PHONE NO . I FAX NO.
APPLICANT(S)/CONT ACT(S)
NAME
Ariel Washington
ADDRESS CITY, STATE I ZIP CODE 30650 Pinetree Road, Suite 14 Pepper Pike, Ohio 44124
EMAIL PHONE NO. 330-342-6229 I FAX NO . zoning@millmanland .com 330-342-0834
SITE/PROJECT
ADDRESS ASSESSOR'S PARCEL NO .
4361 Birc h Street 427-121-23
INFORMATION REQUEST
Please Check the box(es) next to the requested information
~ Current zoning/General Plan designation of the property
6a Overlay district
~ Abutting Zoning/General Plan designation
@ Discretionary Approvals
Ilg Legal nonconforming uses or structures
Ix! Developed with Site Plan approval
@ Other (attach additional sheet(s)) if necessary: ______________ _
Date Received:
Fee Paid :
Form of Payment:
Receipt No.
DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY
I Check No.
Planner I Ext . Remarks :
Target Date :
Date Completed
Date Malled :
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliancellnfo&App.docx
Updated 3/11 /13
PA2019-185
millman
NATIONAL LAND SERVICES
September 27, 2019
Reqµest 1 for Zrmihg V~1dfoaticm Letteti
Jurisdiction: City of Newport Beach
Attention To: Planning Division
PLEASE CONFIRM RECEIPT OF REQUEST via
email zoning@millmanland.com
Please accept this as a formal request for a zoning verification letter.
Pro_ject Reference # MZ 18004
Property Address: 4361 Birch Street
Parcel ID# 427-121-23
City/State: Newport Beach/CA
Current Use Car Rentals
Find enclosed a check in the amount of $384.00 for the requested information.
Please address the following questions on municipal letterhead.
• What is the current zoning of the property?
• What are the abutting zoning designations (North , East, South, West)?
• Was the property granted any variances, special exceptions, conditional use permits or zoning relief of any kind? If so,
please attach copies of applicable documents.
• Are there any open zoning/building/fire code violations?
• If the property is part of a planned unit development (PUD), or required a pre-approved site plan, please include a
copy of the site plan.
• Are copies of certificates of occupancy available? If so please attach. If not please state if the absence of a certificate
of occupancy is a violation or not?
• Are there any plans for road construction that would result in condemnation or taking of the right-of-way from the
subject property?
Please advise me at your earliest convenience of any required fees or forms , if any of these items is not available or if I should
be directing any portion of my request to another party. I am on a strict timeline so your prompt attention to this matter is
greatly appreciated . Upon completion, please forward the information to me via email and mail a hardcopy of the response to
the addresses below. I truly appreciate your help with this matter and look forward to your reply. Please do not hesitate to
contact me with any questions or concerns you may have . Thank you very much for your assistance!
Thank you,
Millman Planning & Zoning
30650 Pinetree Road -Suite 14 -Pepper Pike, Ohio 44124
Phone: 330-9 I 5-2443
Fax: 330-342-0834
Email: zoning@millmanland.com
PA2019-185
Millman Planning & Zoning
30650 Pinetree Road-Suite 14
Pepper Pike, Ohio 44124
Phone: 330-915-2443
Email: Zoning@millmanland.com
Project Reference # MZ 18004
Property Address: 4361 Birch Street
Parcel ID# 427-121-23
City/State: Newport Beach/CA
Current Use Car Rentals
To Whom It May Concern:
In response to your request for information regarding the above-referenced property, we have researched our
files and present the following:
1. The current zoning classification for the subject property is
2. According to the zoning ordinances and regulations of this district, the use of the subject property
is a: Car Rentals
0 Permitted Use by Right
D Permitted Use by Special/Specific Use Permit (see comments, or attached approval
documentation)
D Permitted Use by Conditional Use Permit (see comments, or attached approval documentation)
D Legal Non-Conforming Use (use was existing prior to the adoption of the zoning ordinance/ code)
D Non-Permitted Use
3. Adjacent property zoning designation:
North: ____________ _
South:
East:
West:
4. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the
current structure(s) is:
D Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations,
including parking)
D Legal Non-Conforming (does not meet the current zoning requirements due to amendments, re-
zoning, variance granted or other changes. See comments)
D Grandfathered ( developed prior to the adoption of the zoning code/ ordinance)
D Non-Conforming (see comments)
Comment: ____________________________ _
PA2019-185
5. Information regarding variances, special permits/exceptions, ordinances, site plans or conditions:
D There do NOT appear to be any variances, special permits/ exceptions, ordinances, site plans or
conditions that apply to the Subject property.
D The following apply to the subject property: (See attached documentation)
___ Variance
___ Special Permit/Exception
Ordinance ---
___ Conditions
___ Site Plans
Comment: ____________________________ _
Sa. Are there any plans for road construction that would result in condemnation or taking of the
right-of-way from the subject property?
□There do NOT appear to be any plans for road construction that would result in condemnation or
taking of the right-of-way from the subject property.
□There does appear to be plans for road construction that would result in condemnation or taking of
the right-of-way from the subject property.
Comments: _____________________________ _
6. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property:
D May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive
through(s), if applicable).
D May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or
requirements.
7. Code Violations Information:
D There do NOT appear to be any outstanding/ open zoning, building, or fire code violations that
apply to the subject property.
D The following outstanding/ open ___ zoning / ___ building/ __ fire code violations apply
to the subject property:
Comment: ______________________________ _
8. Certificate of Occupancy, status:
D A valid Certificate of Occupancy has been issued for the subject property and is attached.
D A valid Certificate of Occupancy has been issued for the subject property (approximate issuance
date. _____ ); however, we are unable to locate a copy in our records. T1ie absence of a Certificate of
Occupane1; will not give rise to any enforcement action affecting the properh;.
D Certificates of Occupancy for projects constructed prior to the year ___ are no longer on file
with this office. Tlie absence of a Certificate of Occupancy will not give rise to any enforcenient action affecting
tlie properh;. A Certificate of OccupanC1J will only be required for new construction.
D A Certificate of Occupancy is not required for the subject property.
D A new Owner __ is / __ is NOT required to obtain an updated Certificate of Occupancy
prior to use.
Comment:--------------------------------
PA2019-185
Further comments regarding the subject property:
This information was researched on _________ , by the undersigned, per request and as a public
service. The undersigned certifies that the above information contained herein is believed to be accurate and
is based upon, or relates to the information supplied by the requestor. The Authority assumes no liability for
errors and omissions. All information was obtained from public records, which may be inspected during
regular business hours.
ZONING AUTHORITY:
By: Municipality: ___________ _
Title: Department: ___________ _
Printed Name: ·--------------Phone: --------------
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PA2019-185