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HomeMy WebLinkAbout2009-6 - Expansion of Avis Vehicle Rental FacilityRESOLUTION NO. 2009- 6 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- 7 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: 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. 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 11 ATTEST: Az�� �. plvvw� CITY CLERK EXHIBIT "A" CONDITIONS OF APPROVAL (Project - speck conditions noted in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations dated November 17, 2008. (Except as modified by applicable conditions of approval.) 2. The following conditions herein replace and supersede the previous conditions of approval for all previous use permits for the subject property. 3. Use Permit No. 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. 7. 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 shall be provided adjacent to the Avis service site along Campus Drive, Dove Street, and Birch Street; and along the subject property adjacent to Campus Drive and Dove Street All landscaping shall be in substantial conformance with the 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. 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. 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 comer 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 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. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of February, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: Rosansky Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 2009. 0` `'�o City Clerk byxo--� �14Ewaogr Newport Beach, California m (Seal) i SItIFORN�'