HomeMy WebLinkAboutZA2018-123 - LIMITED TERM PERMIT FOR TEMPORARY MODULAR BUILDINGS TO BE USED AS OFFICES DURING THE REMODEL OF THE VEHICLE SALES AND SERVICE FACILITY - 2101 DOVE STREETRESOLUTION NO. ZA2018-123
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING XP2018-005 FOR
TEMPORARY MODULAR BUILDINGS TO BE USED AS OFFICES
DURING THE REMODEL OF THE VEHICLE SALES AND
SERVICE FACILITY LOCATED AT 2101 DOVE STREET (PA2018-
129)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pendragon North America, with respect to property located at
2101 Dove Street, and legally described as a Lots 20, 21, 22, 40, and 42 of Tract 3201,
requesting approval of a Limited Term Permit (More than 90 days).
2. The applicant proposes to place two modular office buildings and one modular restroom
at the existing Jaguar Land Rover car dealership. The modular buildings will be used by
employees during the renovation of the car dealership. The modular buildings will be
located in the parking lot behind the existing car dealership.
3. The subject property is designated Airport Office and Supporting Uses (AO) by the General
Plan Land Use Element and is located within the Office Airport (OA) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 15, 2018 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. Class 11 exempts the placement of seasonal or temporary use items such as lifeguard
towers, mobile food units, portable restrooms, or similar items. The proposed temporary
modular buildings will be placed within the rear of the car dealership for a temporary
period of time and will be ancillary to an existing commercial development under
renovation.
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3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of
the requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow two temporary modular office buildings and one
temporary modular restroom for employees to relocate during the renovation of the car
dealership.
2. Throughout the duration of the renovation, there is an off-site parking agreement between
the car dealership and a parking structure located at 800 San Clemente Drive for inventory
vehicle storage. The 400 parking spaces that will be utilized by the dealership are excess
spaces that have not been allocated to any specific use. The operation at the off-site
parking structure has been conditioned to restrict noise and hours of operation.
3. Adequate parking for employees are provided on-site. However, there is an off-site parking
agreement between the car dealership and a parking structure located at 888 San
Clemente Drive for additional employee parking. The parking structure services an existing
office building that requires 255 parking spaces. A surplus of parking is available, as the
parking structure provides 384 parking spaces. A shuttle service will be provided for
employees between the parking structure and the car dealership.
4. Throughout the duration of the renovation, an on-demand shuttle service will be provided
that runs from the dealership to nearby rental car centers for customers dropping off their
vehicles for service.
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Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 4.19 acres in size. Based upon the site plan, there is
adequate area to accommodate the proposed modular buildings and existing uses without
impacting vehicle circulation. The modular buildings will be located in the parking lot behind
the existing car dealership.
2. The placement of the temporary modular buildings has been conditioned to ensure that it
will not negatively impact on-site circulation.
3. The lot is bounded by Dove Street to the north, Campus Drive to the west, Birch Street to
the east, and office buildings to the south. The temporary modular buildings will not affect
any of the surrounding uses.
4. The temporary modular buildings will be placed on private property.
5. Modular Building ‘A’ is located within the front setback abutting Campus Drive, but will be
located outside of the 5-foot utilities easement which also abuts Campus Drive.
6. An existing hedge within the front setback abutting Campus Drive shall be maintained and
6 new trees shall be added in front of the modular building to screen and soften the visual
bulk of the building as viewed from Campus Drive. Also, the modular buildings are not
located within the rear setback abutting neighboring office buildings. However, existing
trees provide a buffer between the modular buildings and the adjacent office buildings.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1. The subject lot has direct driveway approaches taken from Birch Street, Dove Street, and
Campus Drive. The temporary modular buildings’ location in the rear parking lot will not
impede access to the existing car dealership. There are no traffic issues anticipated.
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Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Facts in Support of Finding:
1. The proposed temporary modular buildings will not create additional parking demand since
it will be utilized as a workspace for employees displaced during the renovation of the
existing car dealership.
2. The placement of the modular buildings will displace 15 vehicle service stalls. However,
the on-site parking lot will provide adequate parking for all employees and customers.
Inventory vehicles will be stored inside a parking structure at 800 San Clemente Drive
through an off-site parking agreement. The off-site parking structure will provide 400
parking spaces for inventory storage.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The temporary modular office is conditioned to comply with all applicable provisions of the
General Plan, Municipal Code, and other City regulations.
2. The site is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves XP2018-005,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF NOVEMBER, 2018.
_____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. This approval shall expire and become void unless exercised prior to the expiration of
Limited Term Permit No. XP2018-004.
5. This Limited Term Permit may be modified or revoked by the Zoning Administrator if
determined 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to Limited Term Permit or the
processing of a new Limited Term Permit.
7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
8. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Limited Term
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only and
shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the
elements approved by this Coastal Development Permit and Limited Term Permit and
shall highlight the approved elements such that they are readily discernible from other
elements of the plans.
9. This Limited Term Permit shall expire twelve (12) months from the issued date of building
occupancy, unless an extension of up to one (1) additional period of 12 months is granted
by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and
Extensions) of the Zoning Code. A letter requesting the extension shall be submitted to the
Planning Division no later than thirty (30) days prior to the expiration date of this permit.
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10. All temporary structures shall be anchored and a building permit shall be secured for those
structures as required by the Building Division.
11. All temporary structures are required to be inspected by a Building Division Inspector.
The applicant shall comply with all lawful orders and requirements of the Building
Inspector.
12. 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
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
13. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on-site lighting shall be shielded and confined within site boundaries. No direct rays or
glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. “Walpak” type fixtures are not permitted. If in the opinion of the Community
Development Director the existing illumination creates an unacceptable negative impact
on surrounding land uses or sensitive habitat areas, the dimming of light sources or
other remediation may be ordered. An electrical permit shall be secured for lighting as
required by the Building Division.
14. All electrical shall be in good working order and shall be protected from pedestrian traffic.
An electrical permit shall be obtained and the site inspected by the Building Division.
15. The existing hedge within the front setback abutting Campus Drive shall be maintained
and six (6) new trees shall be added in front of the modular building to screen and soften
the visual bulk of the building as viewed from Campus Drive.
16. The existing accessible parking stall and path of travel adjacent to the temporary modular
building must be maintained.
17. The drive aisle adjacent to the ramp of the modular buildings shall be closed to vehicular
traffic.
18. The dead-end drive aisle shall be accompanied by a 5-foot hammerhead/drive aisle
extension.
19. The modular buildings shall not block any firefighting equipment such as fire hydrants,
standpipe connections, or fire department connections.
20. Should the temporary modular buildings become a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants, this permit may be revoked.
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21. The approval of the requested limited term permit is contingent upon compliance with
applicable provisions of the Municipal Code and the successful granting of all required
permits from any other department or governing agency.
22. Construction vehicles shall not be located in the emergency fire access roadway.
23. Health and Safety Code Section 18206 requires that all new and used commercial modular
or special purpose commercial modular shall bear either a federal label or insignia when
offer to sale, rent, or lease in California. Federal label is issued by the US Department of
Housing and Urban Development (HUD).
24. Fire Extinguishers 2A 10BC shall be required in the temporary modular buildings.
25. The off-site parking structure located at 800 San Clemente Drive shall be used for vehicle
inventory only. Only authorized employees shall have access to the parking structure. No
customers shall access the parking structure.
26. The off-site parking structure located at 800 San Clemente Drive shall not operate after
the hours of operation of the Jaguar Land Rover car dealership. The hours of operation
shall be between 7:00 a.m. and 9:00 p.m., daily.
27. A shuttle service shall be provided for employees that park in the off-site parking structure
located at 888 San Clemente Drive.
28. A shuttle service shall be provided for customers to rental car facilities located at 2222
Bristol Street and 4500 Campus Drive.
29. The inventory vehicles located at the off-site parking structure at 800 San Clemente Drive
shall be monitored for any noise issues such as car alarms, which shall be shut off in a
timely manner.
30. The applicant shall provide a 24-hour contact number for emergencies to Code
Enforcement and interested parties upon request during the period of time the modular
buildings are authorized.
31. 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
Division.
32. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
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Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
33. 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.
34. 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.
35. No outside paging system shall be utilized in conjunction with this establishment.
36. All trash shall be stored within the building or within dumpsters stored in the on-site trash
enclosures or otherwise screened from view of neighboring properties, except when
placed for pick-up by refuse collection agencies.
37. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
38. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
39. 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.
40. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
41. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
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p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
42. 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.
43. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of the Jaguar Land Rover Temporary Modular Buildings including, but not
limited to, Limited Term Permit No. XP2018-005 (PA2018-129). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.