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HomeMy WebLinkAboutZA2025-078 - APPROVING A LIMITED TERM PERMIT FOR A TEMPORARY PARKING LOT LOCATED AT 20052 BIRCH STREET (PA2025-0141) RESOLUTION NO. ZA2025-078 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT FOR A TEMPORARY PARKING LOT LOCATED AT 20052 BIRCH STREET (PA2025-0141) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Austin Hahn of Allegro Civil Engineers (Applicant) on behalf of Jones Bristol Parcel LLC (Owner), with respect to property located at 20052 Birch Street and legally described as northeasterly one half of Lot 140 of Tract 706, Harbor View addition to Santa Ana Heights, as shown on a map recorded in Book 21, Page 25 of Miscellaneous Maps, Records of Orange County, California (Property). 2. Fletcher Jones Motorcars (Fletcher Jones) currently operates an airport shuttle and carwash facility on an adjacent property addressed as 2172, 2192 and 2222 South Bristol Street which offers vehicle parking, carwash and shuttle service to and from John Wayne Airport to preferred customers. On February 23, 2023, the Planning Commission approved a Conditional Use Permit (PA2022-128) to allow the redevelopment of the facility to include a new carwash and with detailing bays and retention of the shuttle office. The shuttle is authorized to operate between the hours of 5 a.m. to 10 p.m., Monday through Saturday, and 6 a.m. to 10 p.m. on Sunday. 3. The Applicant requests a limited term permit (LTP) to allow the operation of a temporary vehicle parking lot from January 26, 2026, through January 26, 2027, between the hours of 5 a.m. to 10 p.m., Monday through Saturday, and 6 a.m. to 10 p.m. on Sunday. The parking lot would operate as an extension of the adjacent Fletcher Jones airport shuttle facility by providing overflow parking, establishing vehicular connectivity to create an exit route onto Birch Street for shuttle vehicles, and accommodating construction staging for the facility’s redevelopment. The project includes the installation of semi-permeable gravel, two temporary light fixtures, and two temporary mobile surveillance trailers with camera equipment for security purposes. No permanent improvements to the Property are proposed. Full-time security personnel would also be onsite 24 hours a day to further increase security (Project). The Project would allow for the continued operation of the airport shuttle service during the redevelopment of the adjacent shuttle and carwash facility. 4. The Property is categorized as General Commercial Office (CO-G) by the Land Use Element of the General Plan and is located within the Santa Ana Height Specific Plan Business Park (SP-7 BP) Zoning District. 5. The Property is currently developed with a single-unit residence, a two-unit residence, and accessory structures. This existing development has been approved to be demolished pursuant to Building Permit Nos. U2025 -0470 and U2025-0520 through Zoning Administrator Resolution No. ZA2025-078 Page 2 of 11 U2025-0522, in compliance with the Housing Crisis Act of 2019. Residential uses are not allowed within SP-7 BP District and are considered legal nonconforming. 6. A public hearing was held on December 11, 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) under Section 15304 under Class 4 (Minor Alterations to Land) 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 Class 4 exemption is for minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Class 4 exemption also includes minor temporary uses of land having negligible or no permanent effects on the environment including but not limited to carnivals or sales of Christmas trees. The Project is for a temporary parking lot which utilizes temporary improvements resulting in a negligible effect on the environment. Therefore, the Class 4 exemption is applicable. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040(G) (Limited Term Permits – Finding and Decision) of the Newport Beach Municipal Code (NBMC), the findings and facts in support of such findings are set forth as follows: Finding: A. The operation of the 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 LTP will allow the operation of the temporary parking lot for more than 90 days. Condition of Approval No. 5 establishes the duration of the Project from January 26, 2026, Zoning Administrator Resolution No. ZA2025-078 Page 3 of 11 through January 26, 2027. The Project will allow for the continued operation of the Fletcher Jones airport shuttle service during the redevelopment of the facility. 2. Condition of Approval No. 6 limits the hours of operation of the Project to between 5 a.m. to 10 p.m., Monday through Saturday, and 6 a.m. to 10 p.m. on Sunday. These operating hours align with the operating hours of the airport shuttle facility. 3. The Project will include the installation of semi-permeable gravel throughout the Property and will install two temporary mobile surveillance trailers. All temporary improvements specific to the Project will be removed at the conclusion of this Limited Term Permit, unless an extension is granted. No permanent improvements to the Property are proposed. 4. The Property is located on Birch Street, which primarily developed multi -story, medical and professional office buildings which are also located within the SP-7 BP District. The Property is bounded by a Starbucks coffee shop and the Fletcher Jones airport shuttle facility to the north, a single-unit residential equestrian property developed with a storage facility to the east, and a multi-tenant, medical and professional office building to the south. There is a multi-unit residential development approximately 200 feet south of the Property along Birch Street followed by four single-unit residences situated further south. Residential uses are not allowed within SP-7 BP District and are considered legal nonconforming. The Project is not anticipated to generate any public inconveniences such as noise, light or odors. Condition of Approval No. 11 requires that Fletcher Jones take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons or employees of the Project. 5. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Based on the NBMC requirements and the proposed conditions of approval, the Project is not anticipated to impact the nearby nonconforming residences, will maintain compatibility with the surrounding neighborhood and should not result in a detriment to the surrounding land uses. 6. Fact 7 in support of Finding E is hereby incorporated by reference. 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 Property is 18,041 square feet in area, is rectangular in shape, and is located within a developed neighborhood. The Property is adequate in size and shape to Zoning Administrator Resolution No. ZA2025-078 Page 4 of 11 accommodate the Project during construction of the adjacent carwash and shuttle facility. 2. Vehicular access to the Property will be created from the adjacent Flet cher Jones airport shuttle facility located at 2172, 2192 and 2222 South Bristol Street. The Public Works Department has reviewed the Project and included Condition of Approval Nos. 25 and 26, which require the Property’s driveway to operate as a one-way outbound access onto Birch Street for shuttle bus operators only. These conditions ensure that patrons of the airport shuttle service do not enter the Property which mitigates any queuing impacts along Birch Street. Additionally, Condition of Approval No. 27 requires the Applicant to monitor the surrounding public streets and remove any gravel that enters the public right-of-way. 3. While the existing public vehicular access to the Property from Birch Street will be restricted, emergency vehicle access to the Property will still be available on the Birch Street curb opening. Additionally, adequate public services and utilities are provided on the Property. 4. The Building Division and Fire Department have reviewed the Project and have provided Conditions of Approval Nos. 20-24. 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. 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 will be accessed through the adjacent Fletcher Jones airport shuttle facility, which is accessed through Bristol Street, a three-lane, one-way street that is approximately 50 feet wide. 2. The Fletcher Jones airport shuttle facility has been operating since 2006 with no operational issues or complaints related to traffic. The Project will allow for the continued operation of the airport shuttle service on a temporary site during the redevelopment of the facility and is not expected to generate additional traffic beyond the typical traffic already associated with the use. The operating history of the Flet cher Jones airport shuttle facility suggests that the temporary parking lot, shuttle access and temporary construction staging is not expected to create any future objectionable traffic conditions. 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; and Zoning Administrator Resolution No. ZA2025-078 Page 5 of 11 Facts in Support of Finding: 1. The Project is for a temporary parking lot for overflow vehicles associated with the Fletcher Jones airport shuttle service. Parking at the main facility will still be available; however, the temporary parking lot will offset any temporary loss of parking due to the construction activities. 2. The temporary parking lot will provide approximately 41 vehicle parking spaces. Therefore, sufficient onsite parking will exist to accommodate the continued operation of the airport shuttle facility. 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 Property is categorized as General Commercial Office (CO-G) by the Land Use Element of the General Plan. Table LU 1 (Land Use Plan Categories) specifies that the CO-G category is intended to provide areas for the development of administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are explicitly prohibited. The Project proposes a temporary parking lot use as an extension of the Fletcher Jones airport shuttle facility. While the airport shuttle facility and the Project will maintain slightly later hours than a typical administrative or professional office, it will not maintain overnight hours common to hotels, motels, or hospitals. 2. The Property is one of 17 properties within the 20,000 block of Birch Street which are also categorized as CO-G by the Land Use Element of the General Plan. Most of these properties are developed with commercial uses such as multi-story office buildings. The Project will not change the overall balance of development within the area or result in an overconcentration of service uses. The Project will serve as an opportunity to introduce low-intensity parking use on presently nonconforming property. 3. The Property has historically been developed with a single-unit residence, a two-unit residence and accessory structures. The residences and accessory structures will be demolished pursuant to Building Permit Nos. U2025-0470 and U2025-0520 through U2025-0522, in conformance with the Housing Crisis Act of 2019. Residential uses are not intended for areas categorized as CO-G by the Land Use Element of the General Plan. General Plan Policy LU 3.3 (Opportunities for Change/Santa Ana Heights) places importance on the use of properties consistent with the adopted Specific Plan and Redevelopment Plan. The Project will replace an inconsistent residential development with temporary parking lot use, which is consistent with both the Specific Plan and CO-G Land Use Element category. 4. The Project is located approximately one mile to the south of John Wayne Airport and within the 65-70 dBA Community Noise Equivalent Level (CNEL) noise contour area. A Zoning Administrator Resolution No. ZA2025-078 Page 6 of 11 wide range of commercial activities are normally compatible with this level of noise pursuant to Table N2 (Land Use Noise Compatibility Matrix) of the General Plan Noise Element, whereas the former residential uses were incompatible. The Project does not include any permanent structures; therefore, there is no applicable ambient noise mitigation for the Project. 5. General Plan Policy LU 2.1 (Resident-Serving Land Uses) encourages uses that support the needs of the city’s residents, including services, that are in balance with community natural resources and open spaces. The Project will ensure the continued operation of the airport shuttle service which provides residents with convenient transportation to and from John Wayne Airport. Additionally, the Project is within an already developed neighborhood and does not include any permanent structures, which ensures minimal impact on existing open space. 6. The Property is located within the Santa Ana Height Specific Plan Business Park (SP-7 BP) Zoning District. The SP-7 BP District was established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to subsection 20.90.120 (C) (Business Park District: SP-7 BP – Temporary Uses Permitted) of the NBMC, outdoor storage of vehicles and vans, equipment, materials and temporary structures directly associated with these uses are allowed within the BP District, subject to approval of a LTP. 7. The Project complies with applicable site development standards for temporary uses as specified in subsection 20.90.120 (C)(6) (Business Park District: SP-7 (BP) – Site Development Standards for Temporary Uses) of the NBMC including, but not limited to, site fencing, setbacks, height, and surface material. a. The Project provides the minimum required site fencing by retaining the existing 6-foot wall along the side and rear property lines. b. The Project requires a 10-foot setback for any temporary building, wall, fencing or storage area from any public street. The Project does not include any temporary building wall or fencing. Condition of Approval No. 10 requires that vehicles, mobile surveillance trailers, or similar temporary equipment be set back a minimum of 10 feet from the property line abutting Birch Street. c. The Project requires landscaping within the 10-foot front setback to screen temporary uses that may be visible from the public street. Landscaping is required to comply with the standards specified in Section 20.90.030 (Design Guidelines) of the NBMC. Condition of Approval No. 8 requires the Applicant to submit a Final Landscape Plan to ensure compliance with the screening requirements. d. The Project includes two temporary lighting fixtures. Condition of Approval No. 9 prohibits the Property from being excessively illuminated and authorizes the Community Development Director the authority to order the dimming of light sources should the light sources create an unacceptable negative impact on surrounding land uses. Zoning Administrator Resolution No. ZA2025-078 Page 7 of 11 e. The Project does not include any utility poles within the 10-foot front setback area. f. The Project requires an all-weather surface including asphalt, concrete or another approved material which is at least four inches thick for all temporary storage areas. The Project includes the installation of semi-permeable gravel and the retention of an existing concrete driveway. g. The height of vehicles, equipment and materials stored on the Property are limited to 10 feet in height and 6 feet in height if within 10 feet of a perimeter wall or fence. Condition of approval No. 7 requires that vehicles and equipment stored on the property do not exceed these height limits. h. Temporary commercial operations are limited to between the hours of 7 a.m. to 10 p.m. to ensure compatibility with surrounding uses. On February 23, 2023, the Planning Commission approved a Conditional Use Permit (PA2022-128) to allow the redevelopment of the adjacent Fletcher Jones airport shuttle and carwash facility which would operate from 5 a.m. to 10 p.m., Monday through Saturday, and 6 a.m. to 10 p.m. on Sunday. While the Conditional Use Pemit is tied to the adjacent property, the Property is intended to operate as an extension of the airport shuttle facility. Additionally, while the Project is for temporary use, the Applicant has also applied for a Conditional Use Permit (PA2023-0220) to establish the permanent use of the Property as a parking lot to serve the airport shuttle facility. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project categorically exempt from the California Environmental Quality Act under Section 15304 under Class 4 (Minor Alterations to Land) 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 PA2025-0141, subject to the conditions set forth 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 is filed with the Community Development Director in accordance with the provisions of Chapter 20.64 (Appeals) of the NBMC . PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF DECEMBER, 2025. Zoning Administrator Resolution No. ZA2025-078 Page 8 of 11 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project shall be in substantial conformance with the approved site plan 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 cause the revocation of this approval. 4. This Limited Term Permit may be modified or revoked by the Zoning Administrator should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the Property is operated or maintained so as to constitute a public nuisance. 5. The Project shall be permitted on the Property between January 26, 2026, through January 26, 2027. Operation of the Project outside of this duration is prohibited without subsequent review by the Planning Division and the potential processing of a new limited term permit. 6. The Project shall be permitted to operate between the hours of 5 a.m. to 10 p.m., Monday through Saturday, and 6 a.m. to 10 p.m. on Sunday, consistent with the Fletcher Jones airport shuttle facility. 7. The Project components, including vehicle storage, mobile surveillance trailers, or any similar temporary equipment or structures, shall be setback a minimum of 10 feet from the property line abutting Birch Street. 8. Prior to issuance of a building permit, the Project Applicant shall submit a Final Landscaping Plan for review by the Planning Division to ensure compliance with landscape setbacks screening requirements. The landscape types shall comply with the Design Guidelines of the Santa Ana Heights Specific Plan. 9. The Property 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. Zoning Administrator Resolution No. ZA2025-078 Page 9 of 11 The Director may order the dimming of light sources or other remediation upon finding that the Property is excessively illuminated. 10. The height of vehicles, equipment and materials stored on the Property shall be limited to 10 feet in height, and 6 feet in height if within 10 feet of a perimeter wall or fence. 11. The Property Owner shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in the temporary parking area, sidewalks and areas surrounding the Property and adjacent properties during operating hours, if directly related to the patrons or employees of the businesses. 12. The Property shall be cleaned of all debris, litter, amenities and temporary structures and amenities specific to the Project, within 30 days of the expiration of the LTP, unless any extension is approved. 13. All noise generated by the Project shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 14. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise 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. 15. 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. 16. The Property shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Community Development Director, 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 Property is excessively illuminated. 17. 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). 18. Prior to the operation of the Project, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Zoning Administrator Resolution No. ZA2025-078 Page 10 of 11 19. 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 Fletcher Jones Temporary Lot including, but not limited to the Limited Term Permit filed as PA2025- 0141. 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. Building Division 20. The Applicant shall 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. 21. Egress and existing on the temporary parking lot shall be maintained. 22. Prior to issuance of a building permit, the Applicant shall prepare a Water Quality Management Plan (WQMP) consistent with the Model WQMP, Exhibit 7.II. Fire Department 23. Prior to issuance of a building permit, the Applicant shall prepare a fire access plan that shows all designated fire lanes marked by red curb or signage complying with the Newport Beach Fire Department (NBFD) Guideline C.01. 24. A knox key switch for any gates or manual gate locks shall be required for any gates that are installed across the driveway. Public Works Department 25. The driveway accessing Birch Street shall be one-way and outbound only. Pavement markings and applicable signage shall be required for one-way outbound drive aisles. Pavement markings shall be per the latest Caltrans standard plans and signage shall be per the lasted California Manual of Uniform Traffic Control Devices (MUTCD). 26. The Birch Street driveway shall be used by shuttle bus operators only. Patrons and employees shall not be permitted to use the Birch Street driveway. Zoning Administrator Resolution No. ZA2025-078 Page 11 of 11 27. The Applicant shall monitor the surrounding public streets and remove any gravel that enters the public right-of-way.