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HomeMy WebLinkAbout2.1_Revision to Draft conditionsI AT • • PLANNING DEPARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92668 -8916 To: Planning Commission From: Melinda Whelan, Assistant Planner Date: January 8, 2009 Re: Revision to Draft Conditions of Approval for Avis Please find the attached revised conditions of approval. Condition No. 11. and No. 28. have been deleted because they were found to be unnecessary for the proposed project as the subject property is within a neighborhood that does not include residential uses or similar uses that would be affected by the hours of operation (including hours of deliveries) of the vehicle rental facility. Condition No. 9 has been revised to ensure the landscaping proposed will remain consistent throughout on the subject property. Condition No. 12 has been revised (renumbered Condition No. 11) to provide four additional days per month instead of two for the other peak periods when the shuttle bus may operate. The adjustment was intended to provide additional flexibility for use of the shuttle bus, to fulfill a request of the applicant, while complying with the direction staff received from the Traffic Engineer. A strikeout/underline revision of the revised conditions of approval is attached. EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions noted in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations dated November 17, 2008. (Except as modified by applicable conditions of approval.) 2. The following conditions herein replace and supersede the previous conditions of approval for all previous use permits for the subject property. 3. Use Permit No. 2008 -044 shall be effective upon the effective date of the Ordinance implementing Code Amendment No. 2008 -002 applying the IS Overlay District to the subject property and Study Plan. 4. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code and all new signage requires separate review and permits. 5. Use Permit No. 2008 -044 shall expire unless exercised within 24 months from the effective date of the Ordinance implementing Code Amendment No. 2008 -002 and as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 6. All chain link fences shall be removed and replaced with block walls in accordance with the approved plans. 7. The proposed easterly exterior building elevation shall be articulated with trellises and plantings as depicted on the approved set of plans. 8. The parking spaces marked for rental vehicles shall be screened from public view along Dove Street with a 6 -foot masonry wall in accordance with the approved plans. 9. Additional landscaping shall be provided adjacent to the Avis service site along Campus Drive, Dove Street, and Birch Street, and along the subject property adjacent to Campus Drive and Dove Street. All landscaping shall be in substantial conformance with the approved landscaping plan. the additional landscaping adiacent Dove Street shall be 10. A total of 38 parking spaces shall be maintained on -site with 32 -spaces reserved for rental vehicle use and 6- spaces for customers. Planning Commission Resolution No. Page 2 of 5 11. Use of the customer shuttle bus shall operate between the Avis on- airport facility location and the Avis vehicle rental facility at 4200 Campus Drive only. The shuttle bus shall be permitted to operate on Monday and Tuesday mornings during airport peak hour periods from 9 a.m. until 2 p.m. and a maximum €we four additional days per month for other peak periods. The maximum number of additional days ner month may be incmaaed in 12. All mechanical equipment shall be screened from public view. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. 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. 15. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 16. This Use Permit may be modified or revoked by the City Council or 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. 17. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 18. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing. condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 19. The site shall not be excessively illuminated based on the luminance - recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. 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 Planning Commission Resolution No. _ Page 3 of 5 Department. 21. 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 the leasing agent. 22. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, 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. 23. No outside paging system shall be utilized in conjunction with this establishment. 24. 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. 25. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for dally removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 27. 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 Department. 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). 28 n r f II { the facility shall be n.eldLJ4ed L.e6�men f-he heuFS _,,. a ivenesyd .e.use , rsstir =er ...., shall _ _ .. .. , unless ethep.mlse , and .. roaj�requ ? -e an areendment to this Dse 1299m.T 28. 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. 29. A Special Events Permit is required for any event or promotional activity outside the normal operational 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 Newport Beach Municipal Code to require such permits. General Services Department Planning Commission Resolution No. _ Page 4 of 5 30. Remove and replace sidewalk to add ADA ramp on the northwest corner of the subject property adjacent to the intersection of Campus Drive and Dove Street. Buildina Department Conditions 31. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. 32. Prior to issuance of gradinq permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department 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. 33. 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 Conditions 34. The design of the development shall not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 35. The proposed parking and circulation shall be subject to further review by the Traffic Engineer. 36. The swing gate adjacent to the building along the Dove Street frontage shall only be used for maintenance purposes only. The driveway shall be signed and striped to ensure that the Avis retail customers will not utilize this dead end area. 37. The gated area shall be configured for one -way circulation. The proposed drive aisle widths are inadequate for two -way circulation. Appropriate signage and striping shall be implemented to identify the one -way circulation. 38. Vehicle access gates to adjacent properties shall be adequately signed to ensure customers to do not enter these areas. 39. Gate equipment at the Dove Street driveway shall not encroach into the required driveway width. Planning Commission Resolution No. _ Paqe 5 of 5 40. The proposed project shall comply with the City sight distance STD - 110 -L.