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HomeMy WebLinkAboutZA2025-005 - APPROVING A LIMITED TERM PERMIT TO AUTHORIZE A LIMITED DURATION HANDWASH-ONLY CAR WASH FACILITY LOCATED AT 4200 BIRCH STREET (PA2024-0209)RESOLUTION NO. ZA2025-005 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A LIMITED TERM PERMIT TO AUTHORIZE A LIMITED DURATION HANDWASH-ONLY CAR WASH FACILITY LOCATED AT 4200 BIRCH STREET (PA2024-0209) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Karsten Jaensch of Sixt Rent a Car LLC (Applicant), concerning property located at 4200 Birch Street, and legally described as Parcel 1 of Parcel Map No. 45-25 (Property) requesting approval of a limited term permit. 2. The Applicant requests a 12-month duration limited term permit that will allow for the operation of a handwash-only, car wash facility to exclusively serve Sixt Rent a Car LLC fleet vehicles. Fleet vehicles will be driven from John Wayne Airport to the project site after customer use and will be washed, vacuumed, and returned to John Wayne Airport. No construction, overnight vehicle storage, or public car washing services are proposed (Project). 3. The subject property is categorized as General Commercial (CG) by the Land Use Element of the General Plan and is located within the Newport Place Planned Community (PC 11) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on January 30th, 2025, online via Zoom. A notice of the 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 Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. 1. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The project includes no construction. The existing facility will be used for the hand washing of rental cars with no overnight vehicle storage. Zoning Administrator Resolution No. ZA2025-005 Page 2 of 9 07-29-24 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use; Facts in Support of Finding: 1. The limited term permit will allow for the temporary operation of a handwash-only car wash facility exclusively serving Sixt Rent a Car LLC fleet vehicles for a duration of up to 12 months (from February 13, 2025, through February 13, 2026). The facility will be permitted to operate from 7:00 A.M. to 11:00 P.M. 2. The project site is zoned PC 11 (Newport Place), which is an area appropriate for both commercial and light industrial uses. The project site is within Service Station Site 1 of PC 11, which allows for a vehicle service station and car wash. The Project is consistent with the intended purpose of the zoning district. 3. All activities are contained on-site, and no vehicle queuing is allowed in the public right-of- way, preventing hazards or inconveniences to the public. Condition of Approval No. 28 prohibits queuing in the public right of way. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The subject parcel is 1.20 acres, rectangular shape, and is fairly flat. 2. The Property has been developed with a car wash since 1974. Most recently, the Property operated pursuant to Use Permit no. UP2001-035 (PA2001-200). UP2001-035 permitted a mechanical car wash, vehicle detailing, and gasoline pumps open to the public. The Project includes the temporary storage of fleet vehicles (during the day only) owned by a vehicle rental service. Vehicle storage and vehicle rental services are not permitted to operate in this zoning district but may be allowed temporarily, subject to a limited term permit. Zoning Administrator Resolution No. ZA2025-005 Page 3 of 9 07-29-24 3. The Property contains a car wash tunnel, a structure for auto detailing, a structure housing mechanical equipment associated with the car wash tunnel, and a canopy covering gas pumps which connects the two structures. The detailing structure includes a customer waiting area, a cashier station, two restrooms, a work and storage closet area, and an equipment room. No modifications are proposed to the existing carwash infrastructure and no construction is required to implement the temporary use. 4. Car washing will be performed exclusively by hand and at the Property. Vacuuming and any minor detailing will be performed within the car wash tunnel. 5. Adequate space exists for vehicle circulation, staging, car washing, detailing, and employee parking. 6. The Property’s prior use as a car wash demonstrates the operational compatibility of the Project with the surrounding area. 7. Designated entry/exit points and controlled operations prevent spillover onto adjacent properties and prevent queuing into the street as required in Condition of Approval No. 28. Traffic to and from the facility is not anticipated to interfere with the various uses adjacent to the site. 8. The Project has been reviewed by the Building Division, Public Works Department, and Fire Department and all department-specific conditions of approval are provided in Exhibit A. Finding: C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; Facts in Support of Finding: 1. The Property is bounded by Dove Street, Birch Street, Scott Drive, and the Benihana restaurant at 4250 Birch Street. The layout of the site allows for vehicles to enter from Scott Drive and exit onto Birch Street. The site and building location provide sufficient internal vehicle circulation and staging areas. 2. The Project is not anticipated to generate excessive traffic in an already urbanized area as operations are internal to Sixt Rent a Car’s business and will serve approximately 40 fleet vehicles a day. Finding: D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator; Zoning Administrator Resolution No. ZA2025-005 Page 4 of 9 07-29-24 Facts in Support of Finding 1. The Project is anticipated to have a maximum of six fleet vehicles onsite at a time. The Property is striped with five tandem employee parking spaces, five tandem staging area spaces, and one ADA parking stall. Vehicles cannot stage within the car wash tunnel other than when the vehicle is being cleaned. 2. A maximum of four employees would be onsite at a given time. The five parking spaces dedicated to employees is sufficient to accommodate employee parking. 3. The Project is not open to members of the public, therefore no onsite parking beyond spaces necessary for employees and vehicle staging is required. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The subject property is categorized as General Commercial (CG) by the Land Use Element of the General Plan. The GC Category is intended to provide areas appropriate or a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The temporary car wash facility is consistent with the last use of the site, will be used for a limited duration, and will serve both citywide and regional needs. The Project is consistent with the CG Category and is a use that supports an airport use in the area. 2. The Property is within Service Site 1 of the Newport Place Planned Community (PC 11). PC 11 is intended to provide a range of commercial and light industrial uses that are adjacent to John Wayne Airport. Section 20.52.040(D)(7) (Limited Term Permits) allows for limited duration uses compatible with the subject zoning district and surrounding uses, subject to a limited term permit. In Service Site 1 of PC 11, a permanent car washing facility is allowed subject to the approval of a use permit. 3. The Project does not include vehicles being stored overnight. Vehicle storage is not allowed within Service Station Site 1 of PC 11. Vehicle storage for Sixt Rent a Car will be located at provided parking spaces at John Wayne Airport. Condition of Approval No. 5 prohibits overnight vehicle storage. 4. The site is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section Zoning Administrator Resolution No. ZA2025-005 Page 5 of 9 07-29-24 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Limited Term Permit filed as PA2024-0209, subject to the conditions outlined in Exhibit “A,” which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or a call for review is filed with the Community Development Director by the provisions of Title 20 (Planning and Zoning), of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-005 Page 6 of 9 07-29-24 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Limited Term Permit. 4. All proposed signs shall be in conformance with the provisions of the Newport Place Planned Community (PC 11) Zoning District. 5. No overnight vehicle storage is permitted on-site. 6. Operational hours are restricted to 7:00 a.m. to 11:00 p.m. 7. The Property shall only be accessed by employees and shall be used for back-of-house operations. No customers are allowed onsite and the location authorized under this Limited Term Permit shall not be open to the general public. 8. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review and approval by the Planning Division and may require an amendment to this Limited Term Permit or the processing of a new limited term permit. 10. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 11. Before 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. Zoning Administrator Resolution No. ZA2025-005 Page 7 of 9 07-29-24 12. This Limited Term Permit shall expire twelve (12) months from the date of end of the appeal period set to end on February 13, 2025, unless an extension of up to one (1) additional period of twelve (12) months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions). A letter requesting the extension shall be submitted to the Planning Division no later than thirty (30) days prior to the expiration date of this permit. 13. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 14. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the NBMC. 16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. The exterior of the business shall be always maintained free of litter and graffiti. 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. 21. 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 Zoning Administrator Resolution No. ZA2025-005 Page 8 of 9 07-29-24 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 23. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 24. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 25. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Sixt Rent a Car LLC Car Wash including, but not limited to the Limited Term Permit filed as PA2024-0209. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 27. Vehicles shall not be stored in the car wash tunnel other than when the vehicle cleaning is performed. 28. Two 2A 10BC fire extinguishers shall be placed at either end of the car wash tunnel. Zoning Administrator Resolution No. ZA2025-005 Page 9 of 9 07-29-24 Public Works Department 29. Site operations shall not impact the public right of way. Vehicles shall not be staged, stored or queued in the public right-of-way at any time. 30. All proposed back of house services shall occur entirely on private property and is prohibited within the public right-of-way.