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HomeMy WebLinkAbout13 - Avis Car Rental FacilityCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 February 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Melinda Whelan, Assistant Planner 949 - 644 -3221, mwhelan @city.newport- beach.ca.us SUBJECT: Avis Rental Car Facility (PA 2008 -124) 4200 Campus Drive • Code Amendment No. CA2008 -002 • Use Permit No. UP2008 -044 ISSUES: 1. Should the City Council approve a Code Amendment to apply the Interim Study (IS) Overlay to the subject property revising Districting Map No. 35 and approve a study plan that establishes development regulations for the subject property which provides for implementation of General Plan policies? 2. Should the City Council approve a Use Permit to allow the expansion and operation of a vehicle rental facility? RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Conduct the public hearing; and 2. Introduce Ordinance No. 2009- (Attachment 4) approving Code Amendment No. CA2008 -002 and pass to second reading on February 24, 2009; and 3. Adopt Resolution No. 2009 - (Attachment 5) approving Use Permit No. UP2008 -044, effective upon the effective date of the Ordinance implementing Code Amendment No. CA2008 -002, subject to the findings and conditions found in the Resolution. Avis February 10, 2009 Page 2 DISCUSSION: Background: As part of the General. Plan Implementation Program, the City Council initiated the interim development review process to provide a mechanism for projects that are in accordance with the General Plan but inconsistent with the current zoning regulations. This process requires project proponents to request approval of a Code Amendment to apply the Interim Study (IS) Overlay zoning designation on the property. A development Study Plan is required that establishes all development regulations for the subject property and provides for implementation of General Plan policies. Analysis The current zoning classification of the subject property is Administrative Professional Financial (APF). The APF District permits vehicle rentals only as an ancillary use with a use permit. The request is for a Zoning Code Amendment to accommodate the vehicle rental facility as a primary use at the subject property. The proposed vehicle rental facility use is consistent with the General Plan, but inconsistent with the Zoning Code. Additionally a use permit is required to expand and operate the vehicle rental facility. Using the interim development review process, the Interim Study (IS) Overlay District would be applied as an overlay to the base APF zoning district to revise the Districting Map and reclassify the subject property. The new APF -IS Zoning District would allow the proposed Study Plan (Attachment 3) to establish development standards for the subject property. The proposed Study Plan includes regulations for permitted uses, lot dimensions, setbacks, floor area ratio, height, fencing, landscaping, lighting, parking, and signs. The IS Overlay on the subject property will terminate with the adoption of the comprehensive Zoning Code update. The update is currently in process and when complete will supersede the current Zoning Code and a new base zoning district will be placed on the property. The granting of the subject Use Permit would remain in effect after the comprehensive Zoning Code update is complete pursuant to the conditions found in the draft resolution (Attachment 5). Planning Commission Action On January 8, 2009, the Planning Commission was satisfied with the overall project proposal, however, there was one concern regarding the shuttle bus operation. The original request by the applicant included use of the shuttle bus on Monday and Tuesdays from 9 a.m. until 2 p.m. with some additional days for holidays and other peak periods. Staff worked with the Traffic Engineer and the applicant to craft a condition to address the Traffic Engineer's concerns while fulfilling the request of the applicant. The concern of the Traffic Engineer was that additional review of the proposed operation Avis February 10, 2009 Page 3 may be necessary if the shuttle bus operated every day. The proposed condition limited the maximum number of additional peak days to four days per month and allowed additional days per month with the approval of the Planning Director and the Traffic Engineer. The Commission considered the proposed condition as too restrictive and revised it to allow the shuttle bus to operate any day of the week up to six days per week. Condition No. 11, revised per the Planning Commission, states: "The customer shuttle bus shall operate only between the Avis on- airport facility location and the Avis vehicle rental facility at 4200 Campus Drive. The operator shall be encouraged to maximize use of the shuttle bus as a means to limiting passenger vehicle trips. Subject to review and approval of the Traffic Engineer, the applicant shall submit a revised shuttle transportation plan prior to operation limiting shuttle operations to no more than six days per week." With this revision and insertion of the dates of the plans in Conditions No. 7, 8, and 9, the Commission unanimously recommended City Council approval of Code Amendment No. CA2608 -002 and Use Permit No. UP2008 -044 subject to the findings and conditions found in the Resolution. Because the limit on the number of days for use of the shuttle bus has diminished dramatically from its original proposal such limitation has become unnecessary. Staff, with support from the Traffic Engineer, recommends that Condition No. 11 be revised to state: "The customer shuttle bus shall operate only between the Avis on- airport facility location and the Avis vehicle rental facility at 4200 Campus Drive. The operator shall be encouraged to maximize use of the shuttle bus as a means to limiting passenger vehicle trips. Subject to review and approval of the Traffic Engineer, the applicant shall submit a revised shuttle transportation plan prior to operation." The findings and revised conditions (including staff recommended Condition No. 11) are found in the Resolution (Attachment No. 5). The Planning Commission staff report (Attachment 1) provides detailed analysis of the proposed project. . Environmental Review: City staff has reviewed the project for compliance with the California Environmental Quality Act ( "CEQA ") and determined that the Project is categorically exempt from CEQA in that it can be seen with certainty that the project will not have a significant effect on the environment. Among other things, the Code Amendment applying the IS Avis February 10, 2009 Page 4 overlay District does not result in the creation of a new parcel and will not increase density. In addition, the vehicle rental facility is proposed to use an existing building on a site that has no value as habitat for endangered, rare or threatened species. Public Notice: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site including the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives: The City Council may recommend that processing of the Use Permit be deferred until after adoption of the revised Zoning Code. Prepared by: Submitted by: Melinda Whelan, Assistant Planner Attachments: David Lepo, PI r ng Director 1. Planning Commission Staff Report January 8, 2009 2. Project Plans 3. Study Plan 4. Draft Ordinance adopting Code Amendment No. CA2008 -002 5. Draft Resolution adopting Use Permit No. UP2008 -044 6. Draft revised Districting Map 35 Attachment 1 Planning Commission Staff Report January 8, 2009 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT January 8, 2008 Agenda Item 2 SUBJECT: Avis Rental Car Facility (PA2008 -124) 4200 Campus Drive • Code Amendment No. 2008 -002 • Use Permit No. 2008 -044 APPLICANT: Avis Budget Car Rental LLC PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @city.newport- beach.ca.us PROJECT SUMMARY The project involves the expansion of rental vehicle parking and customer shuttle bus circulation areas of an existing vehicle rental facility. The following discretionary approvals are required to implement the proposed project: A Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to the Administrative, Professional, Financial (APF) District on the subject property. 2. A Use Permit to allow the expansion and operation of a vehicle rental facility. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. Conduct the public hearing; and 2. Adopt Resolution No. (Exhibit 1) recommending that the City Council approve Code Amendment No. 2008 -002 applying the IS Overlay District to the subject property and recommending that the City Council approve the Study Plan; and 3. Adopt Resolution No. 2008 - — (Exhibit 2) recommending that the City Council approve Use Permit No. 2008 -044, effective upon the effective date of the Ordinance implementing Code Amendment No. 2008 -002, to allow the expansion and operation of a vehicle rental facility subject to the findings and conditions found in the Resolution. Project Location Avis January 8, 2009 Z LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Airport Office & Administrative Professional Avis retail store, Avis offices, Supporting Uses (AO) Financial APF vacant retail space Airport Office & Administrative NORTH Supporting Uses (AO) Professional Avis service site Financial APF Airport Office & Retail Service Land Rover & Jaguar Auto SOUTH Supporting Uses (AO) Commercial Service Facili Airport Office & Administrative EAST Supporting Uses (AO} Professional Avis Service Site Financial APF WEST N/A N/A John Wayne Airport JWA not within City limits «� Z \� - <2� yy v, ..w: z1W «� Z v, ..w: Avis January 8, 2009 Page 4 Background In 1987, the Planning Commission approved Use Permit No. 3260, permitting the establishment of an automobile rental facility at the subject property which, at the time was designated with an M -1 -A Zoning District. An automobile rental facility was a permitted use in the M -1 -A District, subject to the approval of a Use Permit. At the time of approval of Use Permit No. 3260, in addition to the proposed automobile rental facility, the subject property was occupied by an office building that was under - parked. As a result of this, conditions of the Use Permit limited on -site vehicle storage to eight rental vehicles. In 1988, the Planning Commission approved an amendment to Use Permit No. 3260, revising the on -site parking and circulation plan of the automobile rental facility to accommodate a new driveway apron to provide access from Campus Drive. In 1995, a Zoning Code update reclassified the subject property to Administrative, Professional, Financial (APF). A vehicle rental facility is permitted as an ancillary use subject to the approval of a Use Permit in the APF District. Project Description/ Operational Characteristics The proposed project is a reduction in building area and commensurate expansion of rental vehicle parking and shuttle bus circulation areas. There are two existing separate parking areas on -site, one accessible from Campus Drive and the other accessible from Dove Street. The parking area accessed from Campus Drive is provided for customer parking. The rear parking area accessed from Dove Street is a controlled -area parking area and will be expanded as a part of project implementation. Expansion of the rental vehicle parking and shuttle bus circulation areas would be accomplished by demolishing the vacant retail space and paving this area to provide pick -up areas, drop -off areas, and parking spaces for rental vehicles. The remaining 4,138 - square -foot building will be occupied by the existing Avis vehicle rental facility that includes an Avis administrative office. The expanded facility would include rental vehicle parking and shuttle bus circulation areas that would accommodate 38 on -site parking spaces. Thirty-two on -site parking spaces would be reserved for rental vehicles in the controlled parking area accessed from Dove Street. The remaining six spaces would be designated for customer use in the parking area accessible from Campus Drive. The proposed addition of a 6 -foot masonry wall and enhanced landscaping areas along Dove Street and Campus Drive will screen parking areas from public view. Even though the Avis service site was not included in this application, staff required that additional landscaping be provided along the perimeter of the service site along Campus Drive and Birch Street. The expansion would accommodate a shuttle bus service for customers. Customers would be transported from the Avis on- airport rental facility to the site via a shuttle bus. The shuttle bus would enter the lot from the existing southeastern driveway on Dove Street, make a left turn and stop along a designated area to allow customers to exit the bus. Avis January 8, 2009 Page 5 Customers would then immediately proceed to their pre- assigned vehicles. Customers would exit the lot via the same driveway used by the shuttle. All vehicle rental agreements would be completed at the Avis on- airport facility rental office. The bus would proceed along the one -way circulation pattern on -site, exiting onto Dove Street, returning to the airport to pick —up more customers and repeat this cycle until the peak demand subsides. All airport customers would return their vehicles to the Avis on- airport rental facility for subsequent transfer to the Avis service site by employees. Employees would return vehicles to the subject property from the adjacent Avis service site via two proposed gated openings. Although the service site was not included in this application vehicular access between the service site and subject properly was required by staff to ensure that employees will not use City streets to move vehicles between the two properties. One would be located adjacent to the northerly property line and the second would be located adjacent to the easterly property line. The expansion of the vehicle rental parking and shuttle circulation areas are intended to supplement the Avis on- airport rental facility on Monday and Tuesday mornings and during other peak periods. An estimated 120 customers from 9 a.m. to 2 p.m. on Mondays and Tuesdays would be shuttled from the airport in groups of about 14 per bus to the subject property to pick -up rental vehicles. Due to traffic concerns, the shuttle bus is conditioned in Exhibit "A" of the draft Resolution (Exhibit 2) to operate on Monday and Tuesday mornings during airport peak hour periods from 9 a.m. until 2 p.m. and a maximum two additional days per month for other peak periods. DISCUSSION Analysis General Plan The General Plan designates the subject property as Airport Office and Supporting Uses (AO). The AO category identifies uses which support the John Wayne Airport and the surrounding Airport Area, including vehicle rental facilities. Additionally, Goal LU 6.15 in the General Plan provides specific policies for the airport area including the Campus Tract in which the subject property is located. The proposed expansion of the rental vehicle parking and customer shuttle circulation area of an existing vehicle rental facility complies with all applicable General Plan Policies. Policy LU 6.15.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur and Jamboree), except where intended to serve and be integrated with new residential development; Policy LU 6.15.24 Primary Uses Accommodate professional office; aviation retail, automobile rental, sales and service, subject to discretionary review of the Planning Avis January 8, 2009 Page 6 Commission, hotels; and ancillary retail, restaurant, and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "AO" designation. These policies encourage the redevelopment of sites within the Airport Area and identify the preferred primary uses for the redeveloped properties. There is evidence of underperforming retail uses at the subject property as there is approximately 6,000 square feet of vacated retail space. The entire site and most of the building is proposed to be renovated including enhanced landscaping, screening of parking, and an improved exterior building elevation. The proposed use of the subject property is a vehicle rental facility, a primary use, which serves the local residents and supports the functions of John Wayne Airport through serving air travelers. Policy LU 6.15.25 Economic Viability Provide incentives for lot consolidation and the re -use of and improvement of properties located in the "Campus tract; Avis January 8, 2009 Page 7 Policy CE 2,2.4 Driveway and Access Limitations Limit driveway and local street access on arterial streets to maintain a desired quality of traffic flow. Wherever possible, consolidate driveways and implement access controls during redevelopment of parcels. Project implementation includes creating two gated openings between the subject property and the Avis service site. The two openings would reduce operational impacts on the adjacent street traffic because the operation between parcels would not require the use of the public right -of -way to move vehicles. The proposed facility serves the needs of travelers that use JWA by supplementing the capacity of the existing Avis airport operation. Airport Land Use Commission Zone Code amendments for properties that are subject to the Airport Environs Land Use Plan ( AELUP) must be referred to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the AELUP prior to adoption by the City. The ALUC staff considers application of the IS Overlay District a Zone Code amendment. The ALUC requires referrals to be reviewed between Planning Commission and City Council hearing dates. However, due to scheduling constraints, the project was accepted by ALUC to be on the December 18, 2008 hearing agenda. The project was found to be consistent with the ALUP by ALUC at the December 18, 2008 hearing. The only request by ALUC is that they receive all final resolutions and adopting ordinances related to the project after the Planning Commission and City Council hearings. The City Council hearing has tentatively been scheduled for January 27, 2009. Zoning Code The Zoning Code is being updated to implement the General Plan. Until this update is complete the zoning designations for numerous properties throughout the City, including the subject property, will be inconsistent with the General Plan land use designations. The current zoning classification of the subject property is Administrative Professional Financial (APF). The existing uses of the Avis vehicle rental facility and retail space along with the existing developed site of the subject property conforms to all applicable development standards of the APF District. The APF District permits vehicle rentals as an ancillary use with a use permit. "Use, Ancillary" is defined in the Zoning Code as: "A use that is clearly incidental to and customarily found in connection with the principle use; is subordinate to and serves the principle use; is subordinate in area, extent, or purpose to the principal use served, contributes to the comfort convenience, or necessity of the operation, employees, or customers of the principal use served. An ancillary use may be located on a property separate from the principal use." The proposed primary use of a vehicle rental facility at the subject property does not meet the definition of an ancillary use. Therefore, the proposed vehicle rental facility is Avis January 8, 2009 Page 8 not a permitted use in the APF District. The proposed use, however, conforms to the General Plan uses described under the AO designation. In January 2007, the City Council adopted Resolution No. 2007 -003 establishing an interim development review process in addition to Zoning Code Chapter 20.53 that allows for consideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. Consistent with the process, a Code Amendment would revise Districting Map No. 35 by applying the Interim Study (IS) Overlay District to the current APF District on the subject property. The revision to the Districting Map would apply the IS designator on the subject property (see draft revised Districting Map No. 35 in Exhibit 4). The APF -IS District on the subject property would terminate with the adoption of the new Zoning Code. The IS Overlay District requires the preparation of a Study Plan pursuant to Resolution No. 2007 -003 and Zoning Code Chapter 20.53. The Study Plan establishes development regulations for the APF -IS District. The proposed Study Plan (Exhibit 3) includes regulations for permitted uses, lot dimensions, setbacks, floor area ratio, height, fencing, landscaping, lighting, parking, and signs. Interim Study Overlay District Study Plan Required Findings The interim development review process requires the approval of a Study Plan as part of the Code Amendment to apply the Interim Study Overlay District. In order to approve the Code Amendment and Study Plan, the City Council must make mandatory findings. These findings and facts in support of these findings are discussed below. 1. That the proposed plan implements and is in compliance with all applicable policies of the General Plan. The Airport Area is specifically addressed in Goal LU 6.15 of the General Plan which provides policies that focus on re- development (identifies preferred primary uses) and visual improvement of properties to support the needs of John Wayne Airport (JWA) while minimizing impacts and creating a cohesive environment for local residents and visitors. The proposed plan is in compliance with the applicable General Plan policies as follows: it establishes a primary use of a vehicle rental facility as described within LU 6.15.24; it enhances landscaping and visual improvements of the subject property; it enhances landscaping surrounding adjacent parcels to the north and east (Avis service site); it incorporates internal circulation created between the Avis service site and the subject property which promotes connectivity between all of the parcels and does not require use of public right -of -ways to move vehicles between the parcels; it improves operation between subject property, Avis service site, and Avis on- airport rental facility via use of a shuttle bus. The project was found to be consistent with the Airport Environs Land Use Plan (AELUP) by the Airport Land Use Commission (ALUC). Avis January 8, 2009 Page 9 2. The proposed plan conforms to all applicable design guidelines, such as those included in the Mariner's Mile Design Framework and any existing Specific Plan design guidelines. The proposed plan is not within an area that is within an existing Speck Plan nor is it subject to any design guidelines. However, there are the General Plan policies LU 6.15.26 Automobile and Supporting Uses and LU 6.15.27 Site Planning and Architecture that have design requirements for the subject property. The proposed plan is in compliance with these polices as it includes upgrading street frontages along Campus Drive and Dove Street with additional landscaping and adding a wall that screens the enlarged rental vehicle parking and shuttle bus circulation areas of the proposed project from public view. Additionally, the plan provides enhanced landscaping along the street frontages of the adjacent parcels identified as the Avis service site, along Campus Drive and Birch Street. The signage of the subject property is updated and uniform. 3. Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. The uses described within the General Plan AO Land Use Category provide for uses that support or benefit from JWA airport operations, including vehicle rental facilities. Furthermore, General Plan Policy LU 6.15.24 Primary Uses explains that vehicle rental facilities should be an accommodated use in the Airport Area. The proposed development standards within the Study Plan are consistent with the existing Zoning Code except for the change in permitted uses to permit a vehicle rental facility with the approval of a use permit. 4. The proposed development and /or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. The proposed vehicle rental facility is designed to conform with the General Plan. The facility implements several General Plan policies that improve the design, aesthetics, and functionality of the site as well as contribute to the improvement of the area. The facility will improve vehicle rental services to meet the needs of residents and travelers. Therefore, the proposed vehicle rental facility will not be detrimental to the public health, safety and welfare of persons residing in or working in the area, properties or improvements in the vicinity, or to the general welfare of the City. Avis January 8, 2009 Page 10 Use Permit Findings Chapter 20.91 of the Zoning Code requires the Planning Commission to make certain mandatory findings in recommending approval of the Use Permit. These findings and facts in support of these findings are discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Until the Zoning Code update is complete the zoning designations for numerous properties throughout the City, including the subject property, will be inconsistent with the General Plan land use designations. The current zoning classification of the subject property is Administrative Professional Financial (APF) which permits vehicle rentals as an ancillary use with a use permit. The proposed primary use of a vehicle rental facility at the subject property does not meet the definition of an ancillary use and, therefore, the proposed vehicle rental facility is not a permitted use in the APF District. The proposed use, however, conforms to the General Plan uses described under the AO designation. The interim development review process will allow for the consideration of projects that are consistent with the General Plan but inconsistent with the Zoning Code. Consistent with the process, an Interim Study (IS) Overlay District designator is applied to the current APF District on the subject property and a Study Plan was prepared pursuant to Resolution No. 2007 -003 and Zoning Code Chapter 20.53. The Study Plan establishes development regulations for the APF -IS District. These development standards ensure the use is in accordance with the objectives of the Zoning Code and a compatible use for the Airport Area. 2. That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The proposed location of the vehicle rental facility is consistent with all applicable General Plan policies. The Airport Area is specifically addressed in Goal LU 6.15 of the General Plan which provides policies that focus on re- development (identifies preferred primary uses) and visual improvement of properties to support the needs of JWA while minimizing impacts and creating a cohesive environment for local residents and visitors. The proposed vehicle rental facility will be in compliance with the applicable General Plan policies as follows: it establishes a primary use of a vehicle rental facility as described within LU 6.15.24; it enhances landscaping and visual improvements of the subject property; it enhances landscaping surrounding adjacent parcels to the north and east (Avis service site); it incorporates internal circulation created between the Avis service site and the subject property which promotes connectivity between all of the parcels and does not require use of public Avis January 8, 2009 Page 11 right -of -ways to move vehicles between the parcels; it improves operation between subject property, Avis service site, and the Avis on- airport rental facility via use of a shuttle bus. The project was found to be consistent with the Airport Environs Land Use Plan (AELUP) by the Airport Land Use Commission (ALUC). The facility improves the design, aesthetics, and functionality of the site contributing to the improvement of the area, which meets the intentions of the General Plan policies. The facility will improve services to meet the needs of residents and air travelers. Therefore, the proposed vehicle rental facility will not be detrimental to the public health, safety and welfare of persons residing in or working in the area, properties or improvements in the vicinity, or to the general welfare of the City. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The proposed vehicle rental facility will comply with the proposed development standards for the APF -IS Overlay District established by the approved Study Plan. The proposed conditions of approval and the Study Plan ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Summary The request is for a Zoning Code Amendment to accommodate the vehicle rental facility as a primary use at the subject property. The proposed vehicle rental facility use is consistent with the General Plan but inconsistent with the Zoning Code. Additionally a use permit is required to expand and operate the vehicle rental facility. During the comprehensive Zoning Code update the City Council initiated the interim development review process to provide a mechanism for projects that are in accordance with the General Plan but inconsistent with the current zoning regulations. Using this process, the IS Overlay District is applied as an overlay over the base APF zoning district to revise the Districting Map and reclassify the subject property. The comprehensive Zoning Code update is currently in process and, when complete, will supersede the current Zoning Code and the IS Overlay Designator will be eliminated including the subject property's proposed designation of APF -IS. The granting of the subject Use Permit would remain in effect after the comprehensive Zoning Code update is complete pursuant to the conditions found in the draft resolution. Alternatives The Commission may recommend that processing of the Use Permit be deferred until after adoption of the revised Zoning Code. Environmental Review Avis January 8, 2009 Page 12 The Code Amendment applying the IS Overlay District does not result in the creation of a new parcel and will not increase the density which could potentially affect the environment and, therefore, qualifies for a Categorical Exemption pursuant to Section 15305. (Class 5 Minor Alterations in Land Use Limitation) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The proposed project subject to the approval of the Use Permit for a vehicle rental facility use and alteration of an existing structure on an existing site that has no value as habitat for endangered, rare or threatened species and will not create any significant environmental effects and, therefore, qualifies for a Section 15332. (Class 32, In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). Public Notice Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site including the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: SIGNATURE Submitted by: SIGNATURE Melinda Whelan, Assistant Planner David Lepo, Planning Director EXHIBITS 1. Draft resolution recommending CC approval of Code Amendment 2. Draft resolution recommending CC approval of Use Permit 3. Study Plan 4. Project plans 5. Draft revised Districting Map No. 35 PlUsersWLMSharedWA's WAs - 2008 WA2008 -124 Attachment 2 Project Plans .......... AL.............. ....... . ........ ........ . ... .. I..., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ ........ .. .... ..... --- --- ........... .. ........ .... .......... . ....... DOVE 87FMET SITE PLAN SITE LEGEND KEY NOTES ViCIR17VA-P PROJECT DATA OOMPUANOV -1 UMEET INDEX EASEMENT LEGEND e F:J VllARO POST DETAIL ("1 TIGER TEETH SECTION it REMO`�. VASLE GUARD P08T DETAIL /1 EXPANSION BOLTS Lti I � �•� LOOP Hill/2 Y PLoWNIMM DEPARTMENT CAN OF NEWPORT BEACH � M WE DETA" f1 GATE ARM A TRAFFIC CONTROLLER DETAIL I ' ' 4 ' 614 I ------------ y a L r _ __- - ------- -- -- - --- -- ' ii 911 WALLS LEGEND FLOOR PLAN 4 20 DaOR PLAN •rwmt At0 ------- - - - -f_ r\ EXIST EXISTNG NORTH mnow ELEVATION k I OVA & PROPOSED FAST ELEVATION KEY NOTES — — T --"- 19 r1 EXISTING SOUTH ELEVATION SOUTH ELEVATION KEY 20 ) E".. .. ...,I ... . 1. lZ7/ r 1 a i 1 n 0 .r r _ 1 �a �On -_ v ^1 niio�oor u ti nnn,+rorurrPoOOiurii ro � - r:ryuiar ®:,, 7�\! ii��V =�:��_Car��/_Uit���d_'�71Si➢6f ��1�}3�� �Iltll'�1��1�, { -+'_7mom�om��mun n �ssoiw:'�r.: +os oma ©ov IN At 11 ■ ©m�'. Attachment 3 Study Plan Study Plan for Avis, 4200 Campus Drive Detailed Description of, and Justification for, the Project Overview of Current Avis Operations at Orange County Airport (SNA) Avis has their primary rental car operations at Orange County Airport (SNA). However, there are only limited spaces available to park and store cars at the Airport for incoming visitors to the area. Therefore it has become necessary to store cars at other locations and shuttle them to the Airport during peak rental periods. It should be noted that SNA accommodates a substantial amount of business travel, incoming business travel passengers typically arrive at SNA Monday and Tuesday mornings. Therefore rental car agencies serving SNA consider Monday and Tuesday momings their peak times at the Airport. Avis currently utilizes three sites in the vicinity of the Airport to store and wash cars for their Airport operations. One site is located at 4222 Campus Drive while the other two sites are located on the other side of the Airport. Currently during the peak periods of Monday and Tuesday mornings, when the supply of rental cars is depleted at the Airport, Avis staff drive additional cars to the Airport for incoming business travelers. It should be noted that these operations are typical of other car rental agencies at SNA. Avis Retail Store at 4200 Campus In January, Avis opened up a `retail store' at 4200 Campus. The primary purpose of a retail store is to rent to local residents; instances when this may occur is when a customer's car is in the shop, a customer needs a different car for the weekend, etc. The facility at 4200 Campus also offers office space from which administrative personnel can work. The retail store consists of approximately 250 square feet; the rest of the leased space is used for administrative offices for Avis. The Avis store has, on average, about eight customers throughout the day related to non - Airport business. The Avis store operates from 8 AM to 6 PM daily. The office area operates from 6 AM to 7 PM daily, but employees may be there occasionally at other hours. Proposed Project Avis proposes to remove that portion of the building at 4200 Campus which was not a part of the original structure; the proposal basically restores the building to its original size. The existing 10,319 square -foot building would be reduced by 6,181 square feet, reverting back to the original building size of 4,138 square feet. The additional area on the site would be used for parking to supplement the other Avis facilities in the vicinity of the Airport. Please refer to the attached exhibits which illustrate the project proposal. Avis proposes to use the 4200 Campus store as a supplemental Airport vehicle pick -up location on Monday and Tuesday mornings, and during other airport peak periods. Once the supply of vehicles at the Airport has been depleted, a shuttle bus would bring customers to the 4200 Campus location. The supplemental Airport ready lot would have an estimated 120 customers from 9 AM to 2 PM on Mondays and about the same amount on Tuesdays. These 120 people would be shuttled from the Airport in groups of about 14 per bus load. Other peak hour operations would occur mostly during holiday periods. The arriving bus will enter the lot from the existing southeastern driveway on Dove Street. Upon entering the lot, the bus will make a left turn and stop along the striped area (See Note SP1.07 on Sheet SP1) and allow customers to exit the bus. Customers will then immediately proceed to their pre - assigned vehicles in the marked stalls. Exiting customers will leave the lot via the same driveway used by the shuttle. Customers will not be permitted to drive onto the adjacent Avis service site. All customers will return their vehicles to the on- Airport Avis facilities. The passenger -empty bus will proceed along the one -way circulation pattern on -site, exiting at the same driveway used for entrance, return to the Airport to pick up more customers and repeat this cycle until the peak demand subsides. The 4222 Campus Drive and 4201 Birch Street addresses are associated with the existing main Avis Service Site and are operated as one facility (i.e., there is no discernable physical or operational separation between these two properties). Avis employees will replenish rental vehicle stalls at the 4200 Campus Drive site from the adjacent Avis service site via the two proposed gated vehicle access openings between the two sites. The two access openings are proposed to provide operational flexibility between the two sites. Use of City streets is not anticipated to move vehicles between the Avis Service Site and the 4200 Campus Drive property. The level of activity at the Avis Service Site is a direct function of the level of activity at the Avis Airport facility and not the proposed 4200 Campus Drive development. It should be noted that the proposed 4200 Campus Drive project will reduce the amount of vehicular traffic between the Avis Service Site and Airport facilities. Specifically, the shuttling of some customers to the 4200 Campus Drive site during peak airport arrival times will alleviate the need for Avis employees to drive individual vehicles to the Airport from the Avis Service Site for these customers. Instead, these vehicles will be brought to the 4200 Campus Drive site via the two proposed internal openings between the sites discussed above. A swing gate is located at the easterly end of the remaining building to provide security for the rental vehicles. By experience, car rental agencies have learned that thieves will drive through an unprotected gate. As such, removable lockable bollards are included to provide additional security for this unattended access point. However, this gate will not be used except for occasional maintenance access purposes. The proposed project will require approval of the Interim Study Overlay and a Use Permit. Description of How the Project Implements the General Plan The Land Use Element of the General Plan designates this site AO, Airport Office and Supporting Uses. The AO designation is intended for uses that support or benefit from airport operations, including: automobile rental, sales and service, as well as professional offices, aviation retail, hotels, ancillary retail, restaurant, and service uses. The floor -to- land area ratio is 0.5, except for warehousing which may be developed at a ratio of 0.75. The proposed project clearly implements the AO designation of the General Plan, because it will be used for automobile rental related to airport operations; it also clearly meets the floor -to -area ratio with a ratio of 0.13. The site is in Statistical Area 4 and within Sub -Area B of the John Wayne Airport Area, also known as the Campus Tract. The Land Use Element recognizes that this area is underutilized and less attractive than adjacent areas. It is envisioned that properties within this area will be eventually be revitalized. The proposed project will improve the physical appearance of the site with: the removal of the rear portion of the building whicb includes an industrial style roll -up door; repaving of the parking area; and addition of a screen wall and landscaping along Dove Street. Specific policies and strategies relating to the proposed use on this site are discussed below. Policy LU 3.3 Opportunities for Change "Provide opportunities for improved development and enhanced environments ... in the following districts and corridors...." The John Wayne Airport Area was one of the areas identified in LU 3.3, the policy focuses on the reuse of "...underperforming industrial and office properties...." in the Airport Area. Previous tenants in the building have vacated the premises and only the front portion of the building is occupied. As shown on the attached photos of the existing site, views onto the site from Dove Street show minimal landscaping and a parking area which is currently not screened; in addition, it is clear from these photos that portion of the building that was the addition. As shown on the proposed Site Plan and the Preliminary Landscape Plan, the building would be converted back to its original form, and a wall with landscaping in front of it would be installed to screen the parking area from public view along Dove Street. These improvements will result in the reuse of the property and improved views onto the site from the surrounding streets. Policy LU5.2.1 Architecture and Site Design "Require that new development within commercial districts, centers and corridors complement existing uses and exhibit a high level of architectural and site design in consideration of the following principles: - Seamless connections and transitions with existing buildings... - Modulation of building masses, elevations, and rooflines... - Architectural treatment of all building elevations... - Treatment of the ground floor of buildings to promote pedestrian activity by avoiding long continuous blank walls... - Clear identification of storefront entries... - Extensive on -site landscaping... - Clearly delineated pedestrian connections between business areas, parking..." Comparing the existing building photos to the proposed building elevations illustrate a clear improvement, and therefore implement Policy LU 5.2.1. The previous addition does not create a seamless transition; implementation of the proposed project will convert the building back to its original design and form which provides modulation of the building elevation and an architectural treatment without a large expanse of "blank wall'. The east elevation of the building (service access) will no longer have the roll -up industrial door and will be screened from Dove Street with the proposed wall and landscaping. There is a clear identification of the entry. Landscaping will be enhanced and pedestrian connections will be clearly identified. Policy LU5.4.1 Site Planning "Require that new and renovated office and retail development projects be planned to exhibit a high - quality and cohesive "campus environment ", characterized by the following: - Incorporation of extensive on -site landscaping... - Use of landscape and open spaces to break the visual continuity of surface parking lots - Common signage program for tenant identification and wayfinding - Common streetscapes and lighting to promote pedestrian activity - Readily observable site access, entrance drives, and building entries to minimize conflict between service vehicles, private automobiles, and pedestrians." The entire site and most of the building will be renovated to provide a high- quality and cohesive environment, in stark contrast to the existing condition. Landscaping will be enhanced, the parking area will be screened with a wall and landscaping, signage will be uniform and clearly identify the tenant, and entries into the building and onto the site, as shown on the attached photos. Policy 5.4.2 Development Form and Architecture "Require that new development of business park, office and supporting buildings be designed to convey a unified and high - quality character in consideration of the following principles: - Modulation of building mass, heights, and elevations and articulation of building - Avoidance of blank building walls... - Minimize the mass and bulk of building facades abutting streets - Consistent architectural design vocabulary, articulation, materials, and color pallet - Clear identification of entries through design elements - Integration of signage...." The entire site and most of the building will be renovated to provide a unified and high - quality environment, in contrast to the existing condition. The previous addition does not implement this policy. The proposed project will convert the building back to its original design and form which provides modulation of the building elevation and an architectural treatment without a large expanse of "blank wall ". The east elevation of the building (service access) will no longer have the roll -up industrial door and will be screened from Dove Street with the proposed wall and landscaping. The mass and bulk of the building abutting Campus and Dove Street will be significantly improved from the existing condition. There is a clear identification of the entry and signage will be uniform and clearly identify the tenant, and entries into the building and onto the site. Policy L 6.15.2 Underperforming Land Uses "Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur and Jamboree)...." As mentioned previously, previous tenants in the building have vacated the premises and only the front portion of the building is occupied. The use of this site is retail in nature and is clustered along Campus, a major arterial. Redevelopment of this site would greatly enhance the area and views onto the site from the abutting streets. As shown on the proposed Site Plan and the Preliminary Landscape Plan, the building would be converted back to its original form, and a wall with landscaping in front of it would be installed to screen the parking area from public view along Dove Street. Policy LU 6.15.3 Airport Compatibility "Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, Caltrans Division of Aeronautics...." The proposed project complies with all of the above - referenced restrictions. Policy LU 6.15.24 Primary Uses "Accommodate professional office; aviation retail; automobile rental, sales and service; subject to discretionary review of the Planning Commission... and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "AO" designation." The proposed project includes professional office and automobile rental uses, and it clearly supports the functions of John Wayne Airport. Policy LU 6.15.25 Economic Viability "Provide incentives for ...the re -use and improvement of properties located in the Campus tract...." Implementation of the proposed project clearly represents the re -use and improvement of this underutilized property located in the Campus tract. Policy LU 6.15.26 Automobile Rental and Supporting Uses "Work with automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service and storage facilities." Comparison of the existing site photos with the proposed building elevations and landscape plan clearly show that project implementation will significantly improve the aesthetics of the site and screen vehicular storage areas form public view with a wall and landscaping along Dove Street. Policy 6 15.27 Site Planning and Architecture "Encourage and, when property improvements are subject to discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with landscape, well - designed signage, and other amenities that improve the area's visual quality." The property improvements at this site will result in a significant improvement along the street frontage with consistent signage and a wall and enhanced landscaping which will screen the parking area. Additional policies of the Circulation Element are also applicable to this project as follows: Policy CE 2.2.4 Driveway and Access Limitations "Limit driveway and local street access on arterial streets to maintain a desired quality of traffic flow. Wherever possible, consolidate driveways and implement access controls during redevelopment of adjacent parcels. " By allowing for access between the subject property and the adjacent Main Service Site operation to the north, rental cars will be moved internally from the Main Service site to the subject property for pick -up by customers who have arrived to the site by shuttle, resulting in fewer cars exiting the Main Service Site to go the airport using Campus Drive. Policy CE 3.1.2 Integration of Transportation Systems with Adjoining Communities and the Region "Interface with regional and surrounding local agencies, such as Caltrans, OCTA, the County of Orange, John Wayne Airport ... to implement systems that serve the needs of regional travelers in a way that minimizes impacts on Newport Beach residents." The proposed rental car storage facility is in support of John Wayne Airport and will reduce vehicle trips between the Main Service site adjacent to the north and the airport with some customers being shuttled from the airport to the subject property for car pickup. Policy CE 4.1.5 John Wayne Airport Shuttles "Encourage the use of airport shuttle services to minimize the impacts of air travelers on the local roadway system." The site is designed to receive customers that are shuttled from the airport to the site, thereby reducing overall trips between the adjacent site and the airport. Zoning While the current zoning on the property is Administrative, Professional and Financial (APF), the new General Plan designates this property as Airport Office and Supporting Uses (AO). The intent of this designation is to allow auto - related uses without the restrictions of the current zoning, which requires that the auto uses be ancillary to the principal permitted use and only by Use Permit. The City has not adopted new zoning regulations to implement the new General Plan. In the meantime, the City has adopted interim processing procedures to allow property owner's to proceed with development plans to implement the new General Plan. Below is a brief discussion of the current zoning for the property. The site is currently zoned Administrative, Professional and Financial (APF), which consists primarily of offices, but which can also accommodate support retail and service uses. Vehicle /equipment rentals (office only) are permitted uses under this zoning and vehicle /equipment rentals are permitted as an ancillary use with a Use Permit. Below is a summary of development regulations within the APF Zone: • Minimum lot area: 2,000 square feet • Minimum lot width: 25 feet • Minimum front yard: 15 feet • Minimum side yard: none required • Minimum rear yard: none required Height limit: 375' per the High Rise Limitation Zone The property on the southern side of Dove St., across from the site, is zoned Retail and Service Commercial (RSC). This zoning designation allows for predominantly retail uses with some service office uses. Required Findings Necessary for Study Plan Approval Findings for Approval 1. The proposed plan implements and is in compliance with all applicable policies of the General Plan. The Land Use Element of the General Plan designates this site AO, Airport Office and Supporting Uses. The AO designation is intended for uses that support or benefit from airport operations, including: automobile rental, sales and service, as well as professional offices, aviation retail, hotels, ancillary retail, restaurant, and service uses. The proposed project clearly implements the AO designation of the General Plan, because it will be used for automobile rental related to airport operations. The project is in compliance with applicable policies and strategies of the General Plan as discussed above. 2. The proposed plan conforms to all applicable design guidelines, such as those in the Mariner's Mile Design Framework; and any existing Specific Plan design guidelines. Not applicable, there are no design guidelines which apply to this site. 3. Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. Changes from the existing zoning are justified. The site is designated AO, Airport Office and Supporting Uses, in the Land Use Element of the General Plan. The AO designation is intended for uses that support or benefit from airport operations, including: automobile rental, sales and service, as well as professional offices, aviation retail, hotels, ancillary retail, restaurant, and service uses. The proposed project clearly implements the AO designation of the General Plan, because it will be used for automobile rental related to airport operations. In addition, the project implements a number of policies and strategies in the General Plan as discussed above. While the current zoning on the property is Administrative, Professional and Financial (APF), as stated above, the new General Plan designates this property as Airport Office and Supporting Uses (AO). The intent of this designation is to allow auto- related uses without the restrictions of the current zoning, which requires that the auto uses be ancillary to the principal permitted use and only by Use Permit. The City has not adopted new zoning regulations to implement the new General Plan. In the meantime, the City has adopted interim processing procedures to allow property owner's to proceed with development plans to implement the new General Plan, hence this Study Plan. Furthermore, per the letter from RBF, dated May 22, 2008, "...it would seem that the proposed use for the project site is primarily made up of the relocation of a portion of an existing operation to replace another car rental operation and it would not seem likely that any trips would be added to the area either on a daily or a peak hour basis." The letter concludes "...while it appears clear that the amount of new trips likely to result from the implementation of the proposed uses on this site is nominal, it also is quite clear that the net result, when considering the eliminated uses, would be a net reduction in daily trip generation associated with the project site." 4. The proposed development andlor use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. The proposed project will not be detrimental to the public health, safety or welfare of persons residing or working in the area. Furthermore, it will not be detrimental to the properties or improvements in the project vicinity or to the general welfare of the city. The project is consistent with and implements the City's General Plan. Furthermore, as concluded in the letter from RBF, dated May 22, 2008, "...while it appears clear that the amount of new trips likely to result from the implementation of the proposed uses on this site is nominal, it also is quite clear that the net result, when considering the eliminated uses, would be a net reduction in daily trip generation associated with the project site." Permitted Uses All uses permitted by the current zoning and an auto rental facility subject to a Use Permit. Development Standards As shown below: Lot Dimensions Lot Area: Minimum 25,000 sq. ft. Lot width: Minimum 100 ft. Setbacks: Front (Campus Drive) 15 ft. Side Interior 0 ft. Side (street side) 15 ft Rear: 0 ft Floor Area Ratio: 0.5 for office uses, 0.75 for warehouse uses Height: The property is within the 375' High Rise Height Limitation Zone Fencing, Landscaping, Lighting, Parking and Signs shall be per city standards as they currently exist. Surrounding Property Owners' List Based on the Assessor's Parcel Maps The surrounding property owner's list based on the Assessor's Parcel Maps and associated mailing labels are included with this submittal. Attachment 4 Draft Ordinance adopting Code Amendment No. CA2008 -002 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING CODE AMENDMENT NO. CA2008 -002 REVISING THE DISTRICTING MAP APPLYING THE INTERIM STUDY (IS) OVERLAY DISTRICT TO PROPERTY AT 4200 CAMPUS DRIVE AND APPROVING A STUDY PLAN FOR SAME (PA 2008 -124) WHEREAS, an application was filed by Avis Rental Car LLC, with respect to property located at 4200 Campus Drive, and legally described as Lot 23, Tract 3201, as shown on Miscellaneous Map recorded in Book 130, Pages 25 -30, requesting approval of a Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to the current Administrative, Professional, Financial (APF) District on the subject property and approval of a Study Plan; and WHEREAS, the Newport Beach City Council adopted Resolution No. 2006 -076 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan; and WHEREAS, pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive General Plan Update was placed on the ballot and approved by the electorate at the General Election of November 7, 2007; and WHEREAS, the updated General Plan ( "General Plan ") contains land use regulations inconsistent with those in the existing Zoning Code (Newport Beach Municipal Code Title 20); and WHEREAS, Section 11 of Resolution No. 2006 -76 declares the General Plan to be the officially adopted policy for the growth, land use, development and protection of Newport Beach such that if it is in conflict with any other City ordinance or action the General Plan shall take precedence; and WHEREAS, Section 10 of Resolution No. 2006 -76 directs the Planning Department to begin the preparation of revised zoning and other ordinances necessary to implement the new General Plan, accepting that applications will be made before the implementing ordinances are in place; and WHEREAS, the subject property is designated Airport Office and Supporting Uses (AO) by the Land Use Element of the updated General Plan (General Plan) which is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations including vehicle rental facility use; and WHEREAS, the subject property is designated with an Administrative, Professional, Financial (APF) Zoning District which is intended primarily for office uses, but which also accommodates support retail and service uses. The APF District permits a vehicle rental facility as an ancillary use with the approval of a use permit; and City Council Ordinance No. WHEREAS, the Interim Study (IS) Overlay will apply to the APF District for the subject property consistent with a Study Plan that provides development regulations that are in accordance with all of the goals and policies of the General Plan; and WHEREAS, the Planning Commission conducted a public hearing on January 8, 2009, and adopted a resolution recommending City Council approval of Code Amendment No. CA2008 -002 to apply the IS Overlay District to the subject property by revising the Districting Map and approving the Study Plan; and WHEREAS, the City Council conducted a public hearing on February 10, 2009, in the City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, a Study Plan is provided pursuant to Resolution No. 2007 -003 and Chapter 20.53 of the Zoning Code. The Study Plan establishes development regulations to create Zoning Code consistency with the General Plan by permitting the sole use of the subject property as a vehicle rental facility with the approval of a use permit. Approval of the Code Amendment and Study Plan requires the City Council to make mandatory findings. These findings and facts in support of these findings are discussed below: 1. Finding: That the proposed plan implements and is in compliance with all applicable policies of the General Plan. The Airport Area is specifically addressed in Goa! LU 6.15 of the General Plan, which provides policies that focus on re- development (identifies preferred primary uses) and visual improvement of properties to support the needs of John Wayne Airport (JWA) while minimizing impacts and creating a cohesive environment for local residents and visitors. The proposed plan is in compliance with the applicable General Plan policies as follows: it establishes a primary use of a vehicle rental facility as described within LU 6.15.24; it enhances landscaping and visual improvements of the subject property; it enhances landscaping surrounding adjacent parcels to the north and east (Avis service site); it incorporates internal circulation created between the Avis service site and the subject property which promotes connectivity between all of the parcels and does not require use of public right -of -ways to move vehicles between the parcels; it improves operation between subject property, Avis service site, and Avis on- airport rental facility via use of a shuttle bus. The project was found to be consistent with the Airport Environs Land Use Plan (AELUP) by the Airport Land Use Commission (ALUC). 2. Finding: The proposed plan conforms to all applicable design guidelines, such as those included in the Mariners Mile Design Framework and any existing Specific Plan design guidelines. The proposed plan is not within an area that is within an existing Specific Plan nor is it subject to any design guidelines. However, there are the General Plan policies LU City Council Ordinance No. _ Pape 3 of 4 6.15.26 Automobile and Supporting Uses and LU 6.15.27 Site Planning and Architecture that have design requirements for the subject property. The proposed plan is in compliance with these polices as it includes upgrading street frontages along Campus Drive and Dove Street with additional landscaping and adding a wall that screens the enlarged rental vehicle parking and shuttle bus circulation areas of the proposed project from public view. Additionally, the plan provides enhanced landscaping along the street frontages of the adjacent parcels identified as the Avis service site, along Campus Drive and Birch Street. The signage of the subject property is updated and uniform. 3. Finding: Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. The uses described within the General Plan AO Land Use Category provide for uses that support or benefit from JWA airport operations, including vehicle rental facilities. Furthermore, General Plan Policy LU 6.15.24 Primary Uses explains that vehicle rental facilities should be an accommodated use in the Airport Area. The proposed development standards within the Study Plan are consistent with the existing Zoning Code except for the change in permitted uses to permit a vehicle rental facility with the approval of a use permit. 4. Finding: The proposed development and/or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. The proposed vehicle rental facility is designed to conform with the General Plan. The facility implements several General Plan policies that improve the design, aesthetics, and functionality of the site as well as contribute to the improvement of the area. The facility will improve vehicle rental services to meet the needs of residents and travelers. Therefore, the proposed vehicle rental facility will not be detrimental to the public health, safety and welfare of persons residing in or working in the area, properties or improvements in the vicinity, or to the general welfare of the City. WHEREAS, the project is categorically exempt from CEQA in that it can be seen with certainty that the project will not have a significant effect on the environment. Among other things, the Code Amendment applying the IS Overlay District does not result in the. creation of a new parcel and will not increase density. NOW THEREFORE, BE IT ORDANED: Section 1. The City Council of Newport Beach hereby introduces Ordinance No. 2009- _ approving Code Amendment No. CA2008 -002 revising Districting Map No. 35 applying the IS Overlay to the APF District designation of the property generally known as 4200 Campus Drive Assessor Parcel Number 427 - 121 -01 and approving the Study Plan and passes to a second reading on February 24, 2009. City Council Ordinance No. Paqe 4 of 4 Section 2. This action shall become final and effective thirty days after the second reading of this Ordinance on February 24, 2009 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. Section 3. This action shall become null and void dissolving the APF -IS District for the subject property upon the adoption of the comprehensive Zoning Code update. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY, 2009. EXCUS MAYOR ATTEST: CITY CLERK Attachment 5 Draft Resolution adopting Use Permit No. U P2008 -044 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING USE PERMIT NO. UP2008 -044 FOR EXPANSION AND OPERATION OF AN AVIS VEHICLE RENTAL FACILITY LOCATED AT 4200 CAMPUS DRIVE (PA 2008.124) WHEREAS, an application was filed by Avis Rental Car LLC, with respect to property located at 4200 Campus Drive, and legally described as Lot 23, Tract 3201, as shown on Miscellaneous Map recorded in Book 130,Pages 25 -30, requesting approval of a use permit to allow the expansion and operation of a vehicle rental facility; and WHEREAS, the Land Use Element of the General Plan designates the subject property as Airport and Supporting Office Uses (AO) which is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations including vehicle rental facility use; and WHEREAS, the subject property is designated as Administrative, Professional, Financial (APF) Zoning District which is intended primarily for office uses, but which also accommodates support retail and service uses. The APF District permits a vehicle rental facility as an ancillary use on the subject property with the approval of a use permit; and WHEREAS, pursuant to Resolution No. 2007 -003 and Chapter 20.53 of the Zoning Code, the Interim Study (IS) Overlay will apply to the APF District for the subject property consistent with a Study Plan that provides development regulations that are in accordance with all of the goals and policies of the General Plan; and WHEREAS, the Planning Commission conducted a public hearing on January 8, 2009, and adopted a resolution recommending City Council approval of Use Permit No. 2008 -044 subject to the findings and conditions of the Resolution and a resolution recommending City Council approval of Code Amendment No. CA2008 -002 applying the IS Overlay District to the subject property by revising the Districting Map and approving the Study Plan to allow vehicle rental use as a primary use of the subject property with the approval of a use permit. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the City Council conducted a public hearing on February 10, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California and introduced Ordinance No. 2009- _ approving Code Amendment No. CA2008 -002. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, a use permit to expand and operate a vehicle rental facility has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts is support of such findings: City Council Resolution No. Paqe 2 of 7 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Until the Zoning Code update is complete the zoning designations for numerous properties throughout the City, including the subject property, will be inconsistent with the General Plan land use designations. The current zoning classification of the subject property is Administrative Professional Financial (APF) which permits vehicle rentals as an ancillary use with a use permit. The proposed primary use of a vehicle rental facility at the subject property does not meet the definition of an ancillary use and, therefore, the proposed vehicle rental facility is not a permitted use in the APF District. The proposed use, however, conforms to the General Plan uses described under the AO designation. The interim development review process will allow for the consideration of projects that are consistent with the General Plan but inconsistent with the Zoning Code. Consistent with the process, an Interim Study (IS) Overlay District designator is applied to the current APF District on the subject property and a Study Plan was prepared pursuant to Resolution No. 2007 -003 and Zoning Code Chapter 20.53. The Study Plan establishes development regulations for the APF -IS District. These development standards ensure the use is in accordance with the objectives of the Zoning Code and a compatible use for the Airport Area. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The proposed location of the vehicle rental facility is consistent with all applicable General Plan policies. The Airport Area is specifically addressed in Goal LU 6.15 of the General Plan which provides policies that focus on re- development (identifies preferred primary uses) and visual improvement of properties to support the needs of JWA while minimizing impacts and creating a cohesive environment for local residents and visitors. The proposed vehicle rental facility will be in compliance with the applicable General Plan policies as follows: it establishes a primary use of a vehicle rental facility as described within LU 6.15.24; it enhances landscaping and visual improvements of the subject property; it enhances landscaping surrounding adjacent parcels to the north and east (Avis service site); it incorporates internal circulation created between the Avis service site and the subject property which promotes connectivity between all of the parcels and does not require use of public right -of -ways to move vehicles between the parcels; it improves operation between subject property, Avis service site, and the Avis on- airport rental facility via use of a shuttle bus by reducing vehicular traffic between the Avis Service Facility and the airport facility. The project was found to be consistent with the Airport Environs Land Use Plan (AELUP) by the Airport Land Use Commission (ALUC). The facility improves the design, aesthetics, and functionality of the site contributing to the improvement of the area, which meets the intentions of the General Plan policies. The facility will improve services to meet the needs of residents and air travelers. City Council Resolution No. _ Paae 3 of 7 Therefore, the proposed vehicle rental facility will not be detrimental to the public health, safety and welfare of persons residing in or working in the area, properties or improvements in the vicinity, or to the general welfare of the City. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The proposed vehicle rental facility will comply with the proposed development standards for the APF -IS Overlay District established by the approved Study Plan. The proposed conditions of approval and the Study Plan ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. WHEREAS, the project is categorically exempt from CEQA in that it can be seen with certainty that the project will not have a significant effect on the environment. The vehicle rental facility is proposed to use an existing building on a site that has no value as habitat for endangered, rare or threatened species. NOW THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach hereby approves Use Permit No. 2008 -044., subject to the Conditions set forth in Exhibit "A" attached hereto and made part hereof. Section 2. This action shall become final and effective upon the effective date of the Ordinance implementing Code Amendment No. CA2008 -002 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY, 2009. 9 EXCUSED: MAYOR ATTEST: CITY CLERK City Council Resolution No. Paae 4 of 7 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.) The following conditions herein replace and supersede the previous conditions of approval for all previous use permits for the subject property. Use Permit No. UP2008 -044 shall be effective upon the effective date of the Ordinance implementing Code Amendment No. CA2008 -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. UP2008 -044 shall expire unless exercised within 24 months from the effective date of the Ordinance implementing Code Amendment No. CA2008 -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. The proposed easterly exterior building elevation shall be articulated with trellises and plantings as depicted on the plans dated November 17, 2008. 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 plans dated November 17, 2008. 9. Additional landscaping shag 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 landscaping plan dated November 17, 2008. 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. City Council Resolution No. _ Paoe 5 of 7 11. The customer shuttle bus shall operate only between the Avis on- airport facility location and the Avis vehicle rental facility at 4200 Campus Drive. The operator shall be encouraged to maximize use of the shuttle bus as a means to limiting passenger vehicle trips. Subject to review and approval of the Traffic Engineer, the applicant shall submit a revised shuttle transportation plan prior to operation. 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 Department. City Council Resolution No. Pape 6 of 7 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 daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 26. 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). 27. 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. 28. 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 29. 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. Building Department Conditions 30. 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 City Council Resolution No. _ Pape 7 of 7 version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 31. Prior to 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 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. 32. 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 33. 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. 34. The proposed parking and circulation shall be subject to further review by the Traffic Engineer. 35. 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. 36. 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. 37. Vehicle access gates to adjacent properties shall be adequately signed to ensure customers to do not enter these areas. 38. Gate equipment at the Dove Street driveway shall not encroach into the required driveway width. 39. The proposed project shall comply with the City sight distance STD - 110 -L. Attachment 6 Draft Revised Districting Map 35 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 10, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: Avis — The project consists of 1) a Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to the current Administrative, Professional, Financial (APF) District on the subject property and 2) a Use Permit to allow the operation of a vehicle rental facility as sole use of the subject property. The IS Overlay District is proposed pursuant to City Council Resolution (No.2007 -003), which established an interim development review process, to allow consideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. A Study Plan is provided pursuant to Resolution No. 2007 -003 and Chapter 20.53 of the Zoning Code. The Study Plan establishes development regulations to create Zoning Code consistency with the General Plan by permitting the sole use of the subject property as a vehicle rental facility with the approval of a use permit. The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations) and Class 32 (In -Fill Development Projects). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newaort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -124 Zone: Administrative, Financial, and Professional (APF) District Location: 4200 Campus Drive Activity No.: CA2008 -002 and UP2008- 044 General Plan: Airport Office (AO) Applicant: Avis Budget Car Rental LLC ie� ` pywv- Leilani I. Brown City Clerk AWAV-09-006-L uoltlwpul,p uwotiane°enmM a8lna; el z8>tl1;su0:) 427- 121 -o6 432o-436o L P 1600 DOVE ST 48o NEWPORT BEACH CA9266o -1433 427 - 171 -02 BEACON BAY ENTRPRS INC 1600 SUNFLOWERAVE llo COSTA MESA CA92626 -1544 427 - 042-32 COUNTY OF ORANGE ACCTNG 316o AIRWAYAVE COSTA MESA CA92626 -46o8 427 - 042-67 COUNTY OF ORANGE 400 W CIVIC CENTER DR SANTA ANA CA92701 -4539 427 - 121 -17 GEORGE & TONI KATCHERLAN 4263 BIRCH ST NEWPORT BEACH CA9266o -19o8 427- 121 -24 WILLIAM N SHATTUCK 4770 VON KARMAN AVE NEWPORT BEACH CA92660-2123 Avis Budget Car Rental LLC 513 Eccles Ave., Ste A South San Francisco, CA 94080 Avis Budget Car Rental LLC 513 Eccles Ave., Ste A South San Francisco, CA 94080 Avis Budget Car Rental LLC 513 Eccles Ave., Ste A South San Francisco, CA 94080 Avis Budget Car Rental LLC 513 Eccles Ave., Ste A South San Francisco, CA 94080 uawa6je43 ap euaS 009LS ®ANA ;sa 9e6s l zes4la n a� d 5 7 I Ip L auan6lt 427- 121 -15 :427-121-16 4321 BIRCH PARTNERS LTD 4321 B LTD 6 WRIGLEY 6 TJG IRVINE CA92618 -2710 IR 92618 -2710 427-121 -02 BIRCH & CAMPUS L P 636 HARBOR ISLAND DR NEWPORT BEACH CA9266o -7226 :427-042-33 COUNTY OF ORANGE PO BOX 41o6 SANTA ANA CA927o2 -41o6 427- I31 -07 IRVINE FOUR LLC 2730 WILSHIRE BLVD 300 SANTA MONICA CA90403 -4749 427 - 121-01 KENT A MC NAUGHTON 17 CORPORATE PLAZA DR 210 NEWPORT BEACH CA9266o -7959 427-121 -18 STONEWOOD BIRCH LLC 3636 BIRCH ST 18o NEWPORT BEACH CA9266o Julie Cavanaugh Government Solutions 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 Julie Cavanaugh Government Solutions 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 Julie Cavanaugh Government Solutions 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 Julie Cavanaugh Government Solutions 230 Newport Center Dr., Ste 210 Newport Beach, CA 92660 427- 042 -31 COUNTY OF ORANGE PO BOX 4048 SANTA ANA CA92702 -4048 427- 042 -66 COUNTYOFORANGESOUTH 2400 W COAST HIGHWAYY D NEWPORT BEACH CA92663 !: 427 - 121-05 CHRISTINE S JOHNSON 4300 CAMPUS DR NEWPORT BEACH CA9266o -1810 427- 1.31-09 PERLMUTTER PO BOX 8414 NEWPORT BEACH CA92658-8414 :427- 141 -01 ' WB COMMERCE PLAZA OWNER LLC N /AVAIL NEWPORT BEACH CA9266o City of Irvine Attn: Tim Gehrich, AICP Manager Planning & Development Services P. O. Box 19575 Irvine, CA 92623 -9575 ,,,'���111, TainteN lead Ase3 jo; jaded 0984 ®09LS MV1dW31 @A+aAv asn ®09L5 ®�3AV V I 1984 U0PM Ul aeS V T slapel lead Ase3 AMAV- 09 -008-L uol nitsul,p 3uaw86Je4a ap sues ®0915 QA83AV 3laege6 al aasilgn tuoatiene mmm apine j el zeMnsuo, v jeled q selpe} saktanblq 427 - 121 -06 Occupant 4320 CAMPUS DR NEWPORT BEACH CA 92660 -1810 427-171 -02 Occupant 42oo BIRCH ST NEWPORT BEACH CA 92660 -1922 427-042 -32 Occupant 19363 S AIRPORT WAY SANTA ANA CA 92707 427- 042-67 Occupant 390 PAULARINO AVE :COSTA MESA CA 92626 -4616 .427- 121 -17 Occupant 4263 BIRCH ST !NEWPORT BEACH CA g266o -igo8 ,427- 121 -24 Occupant 14242 CAMPUS DR 'NEWPORT BEACH CA 9266o-1907 :427- 121 -15 427- 121 -16 Occupant Occupant 4321 BIRCH ST 4301 BIRCH ST NEWPORT BEACH CA NEWPORT BEACH CA 92660 -1923 92660 -1909 . '.427-121 -02 427 - 042 -31 Occupant Occupant 4201 BIRCH ST 19361 S AIRPORT WAY NEWPORT BEACH CA SANTA ANA CA 9266o-i9o8 92707 427-042 -33 427- 042 -66 Occupant Occupant ig4o1 CAMPUS DR 2400 W. COAST HWY SANTA ANA CA NEWPORT BEACH CA 92707-5218 '9266o 427-131-07 :427-121 -05 Occupant Occupant 406o CAMPUS DR 4300 CAMPUS DR NEWPORT BEACH CA NEWPORT BEACH CA 92660 -2217 !9266o -i810 427-121 -01 427-131"09 Occupant Occupant ;4200 CAMPUS DR 21ol DOVE ST NEWPORT BEACH CA NEWPORT BEACH CA ;92660 -1944 .9266o -1905 :427- 12i -i8 ! ,427- 141 -01 Occupant Occupant 4229 BIRCH ST igo1 DOVE ST NEWPORT BEACH CA NEWPORT BEACH CA 9266o-1902 :9266o-1901 �� 10AMaj lead �tse3 A% 9 &s.ANMVnv 0 i saauc unoannsui aae jaded paeiT PU ®ons nvtdwu @+aAv asn see is 6sa2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 10, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: Avis — The project consists of 1) a Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to the current Administrative, Professional, Financial (APF) District on the subject property and 2) a Use Permit to allow the operation of a vehicle rental facility as sole use of the subject property. The IS Overlay District is proposed pursuant to City Council Resolution (No.2007 -003), which established an interim development review process, to allow consideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. A Study Plan is provided pursuant to Resolution No. 2007 -003 and Chapter 20.53 of the Zoning Code. The Study Plan establishes development regulations to create Zoning Code consistency with the General Plan by permitting the sole use of the subject property as a vehicle rental facility with the approval of a use permit. The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations) and Class 32 (In -Fill Development Projects). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newoort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -124 Activity No.: CA2008 -002 and UP2008-044 Zone: Administrative, Financial, and Professional (APF) District General Plan: Airport Office (AO) Location: 4200 Campus Drive Applicant: Avis Budget Car Rental L e rUW'v Leilani I. Brown City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 10, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: Avis — The project consists of 1) a Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay District to the current Administrative, Professional, Financial (APF) District on the subject property and 2) a Use Permit to allow the operation of a vehicle rental facility as sole use of the subject property. The IS Overlay District is proposed pursuant to City Council Resolution (No.2007 -003), which established an interim development review process, to allow consideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. A Study Plan is provided pursuant to Resolution No. 2007 -003 and Chapter 20.53 of the Zoning Code. The Study Plan establishes development regulations to create Zoning Code consistency with the General Plan by permitting the sole use of the subject property as a vehicle rental facility with the approval of a use permit. The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations) and Class 32 (In -Fill Development Projects). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in mitten correspondence delivered to the City, at or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newoort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -124 Activity No.: CA2008 -002 and UP2008 -044 Zone: Administrative, Financial, and Professional (APF) District General Plan: Airport Office (AO) Location: 4200 Campus Drive Applicant: Avis Budget Car Rental LLC_ n /�t!��jl�llyti V1fiArY" Leilani I. Brown City Clerk Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid-, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 31, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 3, 2009 at Costa Mesa, California. Signature RECEIVED 2(D9 FEB —6 AM to- 55 h, Flr'E GF Ti=" iT f CLERn r -i, -1- Syr„ CITv G,- r .. E7 . I NOME OF PUBUC HFAAIN NOTICE IS NElt!! GIVEN that on Ta9a- day February 10, 2009, at 7 :00 p.m., a public hearing will be conducted in the City Council Chambers Newport A �� wpor Boulev Newport Beach, Califor- nia, The City Council at the City of Newport Beach will consider the following application: Avis - The project con- sists of 1) a Code Amendment to revise the Districting Map by applying the Interim Study (IS) Overlay Dis- trict to the current Ad- ministrative, Profes- sional, Financial (APF) District on the subject property and 2) a Use Permit to allow the op eration of a vehicle rental facility as sole use of the subject prop- erty. The IS Overlay District is proposed pursuant to City Coun- cil Resolution (No. 2007003), which es famished an interim development review process. to allow con sideration of projects that are consistent with the General Plan but inconsistent with the current Zoning Code. A Study Plan is provided pursuant to Resolution No. 2007003 and Chap- ter 20.53 of the Zoning Code. The Study Plan establishes develop ment regulations to create Zoning Code consistency with the General Plan by permit- ting the sole use of the subject property as a vehicle rental facility with the approval of a use permit. h4v The project is categori- cally exempt under Section 15301 of the California EnYHOnmen- (Minor All Land Use and Class All interested parties may appear and pres ant testimony in regard to this application. If you challenge this project in court, you may be limited to rais- ing only those issues you or someone else raised at the public hearing (described in this notice) or in writ ten correspondence de livered to the City, al, or prior to, the public hearing. The agenda, staff report, and envi ronmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boule- vard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newport- beoch.ca.us on the Monday prior to the hearing. For more in- formation, call (949) 644 -3232. Pre act File No.: PA2�8 -124 Activity No.: CA2008- 002 and UP2008 -044 Zone: Administrative, Financial, and Professional (APF) District General Plan: Airport Office (AO) Lie aOon: 4200 Campus Drive Applicom: Avis Budget Car Rental LLC Leilani I. Brown, City Clerk Published Newport Beach /Costa Mesa Dai- ly Pilot January 31, 2009 Sa732