HomeMy WebLinkAbout2006-36 - Land Rover Dealership - 2101 Dove Street - PA2004-249RESOLUTION NO. 2006- 36,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006-
021036) AND APPROVING GENERAL PLAN AMENDMENT NO. 2004 -009,
USE PERMIT NO. 2004 -043 AND TRAFFIC STUDY NO. 2005 -006 FOR
PROPERTY LOCATED AT 2101 DOVE STREET (PA 2004 -249)
WHEREAS, an application was filed by Pendragon North America with respect to
property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of
Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps,
in the Office of the County Recorder to redevelop a former industrial property into a vehicle
service and storage facility. The application requests approval of a General Plan Amendment to
change the land use designation of the property from Administrative, Professional & Financial
Commercial to Retail & Service Commercial. The application also requests a Code Amendment
to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail
and Service Commercial) and a Use Permit to allow the operation of a vehicle service and
storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic
Phasing Ordinance (TPO).
WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing
in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at
which time the project applications, the Mitigated Negative Declaration and comments
received thereon were considered. Notice of time, place and purpose of the public hearing
was given in accordance with law and testimony was presented to, and considered by, the
Planning Commission at the hearing. With a vote of 4 ayes and one no (2 absent), the
Planning Commission recommended approval of the applications to the City Council.
WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City
Council held a noticed public hearing on May 9, 2006, to consider the proposed
recommendations of the Planning Commission.
WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the
Land Use Element and has a land use designation of Administrative, Professional & Financial
Commercial (APF) and is zoned APF (Administrative, Professional, Financial).
WHEREAS, a General Plan Amendment to change the land use designation of the site
from Administrative, Professional & Financial Commercial to Retail & Service Commercial is
necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in
the APF designation. The change in land use designation to RSC would allow vehicle repair
as a primary use and vehicle storage would then be allowed as an ancillary use at the subject
site. The change in land use designation would result in the 4.19 -acre site to be used for
retail commercial uses as opposed to being used primarily for office uses. The General Plan
Amendment will not increase the potential building area entitlement but simply would allow
the property to be improved with uses that are predominantly retail in character which provide
goods and services to the general public.
WHEREAS, the proposed change of use and proposed vehicle related use will be
compatible with the surround land uses which include a mixture of office and retail uses, a
carwash /service station, automotive related uses and John Wayne Airport. Additionally, since
APF and the RSC land use designations are both part of the City's commercial districts,
many of the uses allowed within these two districts are the same. The vehicle service and
storage facility, therefore, will be consistent with the proposed Retail & Service Commercial
land use designation.
WHEREAS, the proposed project results in the redevelopment of an older and
underutilized property. With the improvements proposed to be made by the applicant, the
value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor
area limits and the traffic generated by the proposed project will not exceed the level of
service desired by the City as demonstrated by the Traffic Study.
WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to
be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit
thresholds have been exceeded and a vote by the public is required. As the request is a
change in land use designation from APF to RSC with no increase in building floor area, the
General Non - Residential Use Category of Commercial is used. This category includes the
current land use of APF as well as the proposed designation and assigns the same trip rate
for both of these use categories. The trip generation rates are 3 for morning and 4 for evening
peak hour per each 1,000 square feet of floor area. Based on these identical rates the
proposed land use designation change will result in no additional peak hour trips. In other
words, if the site were redeveloped consistent with either land use designation, on average,
there would not be a difference in traffic generation. Also, with all previously approved
amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a
vote of the electorate would not be required.
WHEREAS, the change in zoning designation from APF to RSC would not cause the
property to become nonconforming under the RSC development standards. The proposed
project complies with all development standards of the RSC zone including floor area, the
375 -foot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks.
WHEREAS, the proposed location of vehicle service and storage facility and the
proposed conditions under which it would be operated and maintained will not be detrimental
to the public health, safety, or welfare of persons residing or working in or adjacent to the
neighborhood. The subject property is surrounded by one and two -story office and
commercial buildings, automotive related uses and John Wayne Airport. There is no
surrounding residential that would be disturbed or could be impacted by the proposed use.
WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under
the supervision of the City Traffic Engineer pursuant to the TPO and its implementing
guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative
projects and intersection capacity utilization (ICU), and General Plan analysis. The project will
result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning
(AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study
concluded that the proposed project will not cause a significant impact at the study area
intersections as all intersections will operate at LOS D or better; therefore, no improvements
are required at these intersections.
WHEREAS, On April 20, 2006, the Orange County Airport Land Use Commission
considered and determined that the proposed project is consistent with the John Wayne
Airport Environs Land Use Plan.
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been
prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment
between February 9 and March 10, 2006. Comments were received from the Orange County
Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance,
Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation
of the responses, new avoidable significant effects were identified. As a result, three (3)
mitigation measures have been drafted to reduce these effects to a less than significant level.
These issues were identified related to Cultural Resources, Hazards and Hazardous
Materials and Noise. The introduction of three (3) mitigation measures, however, prompted
the need to recirculate the MND pursuant to Section 15073.5.b.1 of the California
Environmental Quality Act. The MND has been revised to include the additional mitigation
measures (CR -1, HM -5 & N -3) and one minor change to an existing mitigation measure (HM-
1). The revised document was recirculated for public review between April 12 and May 2,
2006 (20 days). Comments were received from the Orange County Transportation Authority.
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no known
substantial adverse affects on human beings that would be caused. Additionally, there are no
long -term environmental goals that would be compromised by the project, nor cumulative
impacts anticipated in connection with the project. The mitigation measures identified are
feasible and reduce potential environmental impacts to a less than significant level. The
mitigation measures are applied to the project and are incorporated as conditions of approval.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport
Beach does hereby adopt Mitigated Negative Declaration (SCH No. 2006 - 021036); approve
General Plan Amendment No. 2004 -009 by amending the Land Use Element, Statistical Area
L4, Campus Drive Area of the General Plan as depicted in Exhibit "A" and Land Use map in
Exhibit "B ", Use Permit No. 2004 -043 and Traffic Study No. 2005 -006, subject to the conditions
of approval listed in Exhibit "C"
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the 9th day of May 2006 by the
following vote to wit:
Cwucy, SePich, Roza"ky, Ridgeway, Daigte,
AYES, COUNCIL MEMBERS N.ichotz, Mayon Webb
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None
C�o
MAYOR
I.
Exhibit "A"
THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER
PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED:
3. Campus Drive. This area is bounded by Campus Drive, MacAuthur Boulevard, Birch
Street and Bristol Street North. The area is designated for Administrative, Professional
and Financial Commercial and Retail and Service Commercial land uses. The
maximum allowed floor area ratio is 0.5/0.75.
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Exhibit "C"
CONDITIONS OF APPROVAL
Use Permit No. 2004 -043 and Traffic Study No. 2005 -006 (PA2004 -249)
1. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved plans date
stamped of March 23, 2006.
3. Project approvals shall expire unless exercised within 24 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in accordance
with applicable regulations.
4. The Planning Commission may add to or modify conditions of approval to this Use
Permit or recommend to the City Council the revocation of this Use Permit upon a
determination that the operation which is the subject of this Use Permit causes injury,
or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
5. Should this operation 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.
6. 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.
7. The facility shall be designed to meet fire protection requirements and shall be subject
to review and approval by the Newport Beach Building Department.
Traffic Engineering
8. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A
and STD - 805 -L -B.
9. Sight distance at all entrances (monument signs, walls, display vehicles and
landscaping etc.) shall conform to the City's Sight Distance Standard 110 -L. The
design shall be reviewed and approved by the City Traffic Engineer.
10.
11.
No deliveries shall occur on any portion of public right -of -way. All deliveries shall be
handled on -site. All delivery routes shall be approved by the City Traffic Engineer.
Driveway approaches shall be constructed per City Standard STD - 160 -L, modified to
comply with current ADA requirements. The driveway shall be minimum of 26 feet
wide (measured from bottom X to bottom X). The abandoned driveway approaches
shall be reconstructed per City Standard STD - 165 -L.
12. Parking plans shall be fully dimensioned. The center parking aisle near Campus Drive
shall shift toward Campus Drive to improve the overall circulation within the parking
area.
13. Gate openings shall be a minimum of 24 feet wide to accommodate two - directional
travel.
14. A new driveway approach shall be provided on Dove Street for access to the customer
parking area. The final location and design of the driveway approach shall be reviewed
and approved by the Traffic Engineer.
15. Staging of construction equipment shall not be permitted on the public right -of -way.
16. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
17. All walkways and planters within the parking lot shall be widened, where applicable, to
act as wheel stops. The maximum allowable parking stall overhang is 2 feet 6 inches.
Fire Department
18. Prior to the issuance of building permit, fire sprinkler contractor or fire protection
engineer shall determine the use and viability of existing sprinkler system as the
existing system may not be adequate for the proposed use.
19. Prior to the issuance of building permit, fire service shall be provided underground with
a double backflow preventor. An encroachment permit from Public Works Department
shall be required. A fire permit shall also be required.
20. Prior to the issuance of occupancy permit, the Fire Department connection to Dove
Street shall be relocated and shall be within 150 feet of a fire hydrant.
21. Fire sprinkler system shall be monitored indefinitely.
22. Sprinkler demand may be increased depending on the types of materials stored in the
inventory storage.
23. A special building features for high stockpile shall be required if the storage has piles,
pallets, racks or shelves exceed 12 feet in height in the inventory area.
24. The applicant must indicate occupancy classification, type of construction and square
footage comply with the 2001 Edition of the California Building Code.
Development Services Engineering
25. Prior to the issuance of building permit, the applicant shall coordinate with the Orange
County Transportation Authority to ascertain that the proposed frontage improvements
along Birch Street will not conflict with OCTA operations.
26. Prior to the issuance of building permit, an ADA travel path shall be required between
the Birch Street sidewalk and the new building.
27. The current sidewalk location within the Campus Drive right -of -way fronting this
development shall remain as a "Path of Travel ".
28. Given the existing topography, on -site drainage shall not be routed in a manner that
would cause any spillage onto the existing development southerly of this project.
29. All surface runoff shall be directed toward and treated by an at/below grade storm
water clarifier before the water can be discharged.
30. Except for storm overflows, no curb drains shall be installed to allow the discharge of
polluted on -site runoff onto the public right -of -way.
31. Prior to the issuance of building permit, the existing curb drains along Dove Street
shall either be eliminated or retrofitted for storm overflows only. New curb /gutter shall
be constructed where the existing curb drains have been removed.
32. Prior to the issuance of building permit, depending upon the final site drainage design,
additional on -site drainage provisions may be required.
33. Prior to the issuance of building permit, the existing curb access ramp at the southeast
corner of Campus Drive /Dover Street and at the southwest corner of Dover Drive /Birch
Street shall be reconstructed to comply with the current ADA requirements.
34. Prior to the issuance of occupancy permit, the existing uplifted /damaged /displaced
concrete sidewalk, curb, and gutter that surround this development shall be
reconstructed per City Standards.
35. Prior to the issuance of occupancy permit, all existing street trees shall be protected in
place. Additionally, per Chapter 13 of the City of Newport Beach Municipal Code, new
street trees shall be installed along the street frontages that surround this
development.
36. Upon completion of construction, the existing red curbs that surround this development
shall be repainted. The applicant shall reimburse the City for the cost of such work.
37. Prior to the issuance of occupancy permit, "No Parking" signs shall be installed along
new red curbs per City Standards.
38. Upon completion of construction, the portion of the existing Campus Drive roadway
fronting this development, from the easterly roadway edge of gutter up to the
northbound No. 2/3 traffic lane line shall be grounded and capped with a 3 -inch thick
AC pavement overlay. New sprayable thermoplastic traffic striping and markings and
raised pavement markers shall be installed within the limits of said roadway work.
39. In the event that the City's Birch Street roadway rehabilitation project is completed
prior to the development construction completion, any damage done to the Birch
Street new roadway pavement by the applicant will cause the applicant to repave the
roadway at no cost to the City.
Utilities Department
40. Prior to the issuance of building permit, the fire service shall be upgraded per STD
517 -L
41. Prior to the issuance of building permit, a 2 -inch RPP backflow device shall be
installed to the existing water meter.
42. Prior to the issuance of building permit, sewer cleanout at the property line shall be
required.
Building Department
43. The proposed project shall conform to the requirements of the Uniform Building Code,
any local amendments to the UBC, and State Disabled Access requirements, unless
otherwise approved by the Building Department.
44. Prior to the issuance of the grading or building permit, the applicant shall prepare a
Water Quality Management Plan (WQMP) specifically identifying the Best
Management Practices (BMP's) that will be used on site to control predictable pollutant
runoff. The plan shall identify the types of structural and non - structural measures to
be used. The plan shall comply with the Orange County Drainage Area Management
Plan (DAMP). Particular attention should be addressed to the appendix section "Best
Management Practices for New Development." The WQMP shall clearly show the
locations of structural BMP's, and assignment of long term maintenance
responsibilities (which shall also be included in the Maintenance Agreement). The
plan shall be prepared to the format of the DAMP title "Water Quality Management
Plan Outline" and be subject to the approval of the City.
Mitigation Measures of the Mitigated Negative Declaration
45. The Project Applicant shall comply with SCAQMD Rule 403 requirements as follows:
a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be
watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers
according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
c. All grading activities shall cease during second stage smog alerts and periods of
high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations
and cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered
or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical
distance between the top of the load and the top of the trailer).
e. All construction roads internal to the construction site that have a traffic volume of
more than 50 daily trips by construction equipment, or 150 total daily trips for all
vehicles, shall be surfaced with base material or decomposed granite, or shall be
paved.
f. Streets shall be swept hourly if visible soil material has been carried onto adjacent
public paved roads.
g. Construction equipment shall be visually inspected prior to leaving the site and
loose dirt shall be washed off with wheel washers as necessary.
h. Water or non -toxic soil stabilizers shall be applied, according to manufacturers'
specifications, as needed to reduce off -site transport of fugitive dust from all
unpaved staging areas and unpaved road surfaces.
I. Traffic speeds on all unpaved roads shall not exceed 15 mph.
46. During construction activities if any archaeological resources are encountered, all work
shall cease in that area until a qualified archaeologist can evaluate the nature and
significance of the find. If major archaeological resources are discovered which require
long -term halting or redirection of grading, the archaeologist shall report such findings
to the applicant and the City of Newport Beach Planning Department. The
archaeologist, in consultation with appropriate agencies and Native American
organization, shall determine appropriate action which ensures proper exploration
and /or salvage.
47. Prior to issuance of occupancy permit, the applicant shall provide verification (i.e.,
sample results) to the City of Newport Beach that on -site soils have been tested. Any
soils encountered or removed during construction activities (particularly within the
building's interior or behind the building near the loading dock) shall be sampled for
total petroleum hydrocarbons (TPH) and volatile organic compounds (VOCs). If soil
contamination is discovered, the applicant shall work with the City of Newport Beach
and the appropriate regulatory agency to determine the appropriate action (i.e.
remediation or excavation of soils).
48. Prior to issuance of building permit, the applicant shall submit verification to the City of
Newport Beach that an asbestos survey has been conducted within the existing
building. if asbestos is found, the Project Applicant shall follow all procedural
requirements and regulations of South Coast Air Quality Management District Rule
1403.
49. Prior to issuance of occupancy permit, the applicant shall file a Hazardous Materials
Business Plan with the City Newport Beach Fire Department detailing all hazardous
materials at the project site, storage methods, and spill prevention plans.
50. Prior to issuance of occupancy permit, the applicant shall prepare and implement a
Spill Prevention Control and Countermeasures Plan to the City of Newport Beach as
mandated by the State Water Resources Control Board (SWRCB).
51. Prior to issuance of building permit, the applicant shall submit verification to the City of
Newport Beach that lead -based paint and mercury surveys have been conducted
within the existing building. If lead -based paint or mercury is found, the applicant shall
follow all procedural requirements and regulations for proper removal and disposal of
such hazardous substances.
52. Prior to issuance of grading or building permit, the applicant shall develop and submit
a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) to the
Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction
activity. The SWPPP shall contain Best Management Practices (BMPs) to be
implemented during construction to minimize impacts to local receiving water from
pollutants in storm water runoff. The Project Applicant shall provide the City of
Newport Beach with a copy of the NOI and their application check as proof of filing
with RWQCB.
53. The applicant shall demonstrate implementation of appropriate source control and
treatment control Best Management Practices as specified in the Draft Water Quality
Management Plan (WQMP) prepared by Walden & Associates dated October 7, 2004,
subject to the approval of the Public Works Department.
54. Construction activities shall be confined to any weekday between the hours of 7:00
A.M. and 6:30 P.M. and on any Saturday between the hours of 8:00 A.M. and 6:00
P.M.
55. Noise - generating equipment operated at the project site shall be equipped with
effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All
equipment shall be properly maintained to assure that no additional noise, due to worn
or improperly maintained parts, would be generated.
56. The applicant shall comply with John Wayne Airport's Airport Environs Land Use Plan
Noise Impact Zone I requirements to ensure the service advisor offices and customer
lounge are sufficiently sound attenuated from the combined input of all present and
projected exterior noise to meet 55 dBA Leq. These measures shall be incorporated
during the detailed design stage of the project to comply with the minimum sound
insulation requirement. The final design shall be subject to the approval of the Building
Department. Achieving this level of sound insulation may include the followings:
a. Installation of air - conditioning /mechanical ventilation such as the interior
space will not have to rely on open windows for ventilation;
b. Installation of dual insulating glazed systems;
C. Provision of doors and openings to the exterior with acoustic seals;
d. Addition of additional wall insulation; and /or
e. Provision of fitting vents with dampers and /or acoustic louvers.
57. Prior to issuance of building permit, the applicant shall pay a fair share contribution fee
to the City of Newport Beach per Section 15.38 of the Municipal Code.
58. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation
systems where possible.
59. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office shall visit the location, investigate,
inform the tenant if possible, leave a note, and in some cases shut off the water.
60. Watering shall be done during the early morning or evening hours to minimize
evaporation (between 4:00 P.M. and 9:00 A.M. the following morning)
61. All leaks shall be investigated by a representative from the Code and Water Quality
Enforcement Division of the City Manager's Office and the Project Applicant shall
complete all required repairs.
62. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
63. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
Planning Department
64. Prior to the issuance of the building permit, the applicant shall submit a detailed
landscape and irrigation plan prepared by a licensed landscape architect for the
proposed landscape areas. These plans shall incorporate drought tolerant plantings
and water efficient irrigation practices, and the plans shall be approved by the
Planning Department, General Services Department and Public Works Department. All
planting areas shall be provided with a permanent underground automatic sprinkler
irrigation system of a design suitable for the type and arrangement of the plant
materials selected. The irrigation system shall be adjustable based upon either a
signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to
vehicular activity shall be protected by a continuous concrete curb or similar
permanent barrier. Landscaping shall be located so as not to impede vehicular sight
distance to the satisfaction of the Traffic Engineer.
65. All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
66. Prior to the issuance of occupancy permit, the applicant shall schedule an inspection
by the Code and Water Quality Enforcement Division to confirm that all landscaping
materials and irrigation systems have been installed in accordance with the approved
plans.
67. The applicant shall be responsible for the payment of all administrative costs identified by
the Planning Department within 30 days of receiving a final notification of costs or prior to
the issuance of a Building Permit.
II
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -36 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th
day of May 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of May 2006.
(Seal)
V r V ®®
City Clerk
Newport Beach, California