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HomeMy WebLinkAboutPC2023-010 - APPROVING A LOT MERGER TO CONSOLIDATE THREE CONTIGUOUS PARCELS AND CONDITIONAL USE PERMIT TO RENOVATE AN AIRPORT SHUTTLE FACILITY AND CAR WASH LOCATED AT 2172, 2192, AND 2222 SOUTH BRISTOL STREET (PA2022-128)RESOLUTION NO. PC2023-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER TO CONSOLIDATE THREE CONTIGUOUS PARCELS AND CONDITIONAL USE PERMIT TO RENOVATE AN AIRPORT SHUTTLE FACILITY AND CAR WASH LOCATED AT 2172, 2192, AND 2222 SOUTH BRISTOL STREET (PA2022-128) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Allegro Civil Engineers PLLC (originally CaliChi Design Group) (“Applicant”), concerning properties located at 2172, 2192, and 2222 South Bristol Street, and legally described as the northeasterly half of Lot 143, Tract No. 706, the southeasterly one-half of Lot 143, Tract No. 796, and the southeasterly half of Lot 142 of Tract No. 706, Harbor View Addition to Santa Ana Heights, in the City of Newport Beach, County of Orange, State of California, as per Map Recorded in Book 21, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California ("Properties”). 2. The Properties are currently used by Fletcher Jones Motorcars as a single operation providing a valet parking and airport shuttle service with car washing for preferred owners. 3. The Applicant proposes consolidation of three existing parcels to create one parcel, renovation of the airport shuttle, and construction of a car wash which require the following approval: • Lot Merger (“Lot Merger”) – The Lot Merger is required for the consolidation of three existing parcels to create one approximately 55,510 square-foot parcel; • Conditional Use Permit (“Conditional Use Permit”) – The Conditional Use Permit is required to demolish multiple structures within the project boundaries, including an existing car wash and a former car rental facility, to construct a new, 4,293-square-foot, car wash building with outdoor detailing bays. Once effective and implemented, the Conditional Use Permit would supersede Planning Director’s Use Permit No. UP2005-009 (PA2005-037) (“Project”). 4. The Properties are categorized as General Commercial (CG) by the General Plan Land Use Element and are located within the Santa Ana Heights Specific Plan General Commercial (SP-7 GC) Zoning District. 5. The Properties are not located within the coastal zone; therefore a coastal development permit is not required. Planning Commission Resolution No. PC2023-010 Page 2 of 18 01-17-23 6. A public hearing was held by the Planning Commission on February 23, 2023, in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities), Section 15302 under Class 2 (Replacement or Reconstruction), and Section 15315 under Class15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. Class 1 exempts the operation, repair, maintenance, permitting, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Applicant currently operates an airport shuttle with car washing. The Project reconfigures site operations. There is no increase proposed for the number of shuttle trips to the airport or the number of cars washed. The Project does not constitute an expansion of use beyond the existing condition. 3. Class 2 exempts replacement or reconstruction of existing commercial structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The Project will replace an existing car wash with a new, modern, car wash and is consistent with the intent of the Class 2 exemption. 4. Class 15 exempts lot mergers when the land is in an urbanized area, zoned residential, commercial, or industrial, the properties are in compliance with the General Plan and Zoning and no deviations are requested, all services and access to the proposed parcel are provided, the parcel was not involved in a division of a larger parcel within the two previous years, and the parcel does not have an average slope greater than 20 percent. The Project complies with the conditions specified above as the Properties are relatively flat, located within an urbanized area, and are zoned commercial. They are adequately served by existing utilities, legal access is provided, none of the properties have been involved in the division of a larger parcel within the last two years, and no deviations are requested. SECTION 3. REQUIRED FINDINGS. Lot Merger Planning Commission Resolution No. PC2023-010 Page 3 of 18 01-17-23 In accordance with Section 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings and facts in support of the lot merger are set forth herein: Finding: A. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The Properties are located within a commercial corridor on South Bristol Street. The Properties are all rectangular and each measure approximately 82.5 feet wide by 224 feet deep. The Properties are currently used by Fletcher Jones Motorcars as a single operation, providing a valet parking and airport shuttle service with car washing for preferred owners. The Lot Merger will not fundamentally change the operational characteristics of the Properties but will allow for a renovation of the Project site. The Lot Merger is not anticipated to generate any detrimental impacts to the surrounding neighborhood. 2. The Lot Merger will combine three commercial parcels by removing the interior lot lines. The merging of the three lots will not result in the creation of additional parcels. 3. The Project is within a developed area of the City. The Properties are improved with a commercial building for airport shuttle reception service, long term parking stalls, car wash infrastructure, and the former Enterprise/Hertz car rental building. The parcels were previously graded and paved to allow for site operations and they maintain an average slope of less than 20 percent. 4. The Lot Merger is consistent with the purpose and intent of Title 19 (Subdivisions) of the NBMC. Finding: B. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: The Properties are currently under common fee ownership, as evidenced in the individual Title Reports provided as part of the notarized Lot Merger application. Condition of Approval No. 2 requires the properties to remain under common fee ownership until the recordation of the Lot Merger. Finding: Planning Commission Resolution No. PC2023-010 Page 4 of 18 01-17-23 C. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The Properties are within the Santa Ana Heights Specific Plan General Commercial (SP- 7 GC) Zoning District. The SP-7 GC District provides regulations for the commercial areas along South Bristol Street and ensures the continuation of commercial uses which offer a wide range of goods and services to both the surrounding residential and business communities. Chapter 20.90.110 (General Commercial District: SP-7 (GC)) subsection (B) of the NBMC lists both an automobile parking lot and automobile washing as allowed uses within the SP–7 GC Zoning District. The proposed operations for the resulting lot are consistent with the purpose and intent of the zoning district. 2. The resulting parcel will retain its SP-7 GC Zoning District and its General Commercial (CG) General Plan Land Use Element category, consistent with the surrounding properties fronting South Bristol Street. 3. Subsection 20.90.110(F) (Site Development Standards) of the NBMC establishes the minimum standards required for lot creation within the SP-7 GC Zoning District. There is no minimum lot width nor a minimum lot area required. Equally important, there is no maximum lot area provided. The development standards allow for a wide range of lot configurations that ultimately support whatever commercial business is proposed for the property. 4. As the SP-7 GC Zoning District lacks minimum lot requirements, properties along South Bristol Street range considerably in both width and area from block to block. Lots and parcels within the block of the Properties typically have a minimum width of 80 feet fronting South Bristol Street. Both the adjacent block to the north and south however feature properties developed with larger South Bristol Street frontages. For example, 2290 South Bristol Street is developed with over 180 feet of frontage. The property at 2290 South Bristol Street shares an entrance driveway with 2300 South Bristol Street. Together, these two properties create the appearance of a contiguous property with over 300 feet of frontage. The proposed Lot Merger, with a total lot width of 248 feet, will not appear out of scale or inconsistent with the properties of the surrounding neighborhood. 5. The consolidated parcel results in an approximately 55,510 square-foot property. Similarly sized lots and parcels exist within the surrounding area. For example, the property at 2072 South Bristol Street measures approximately 51,500 square feet in area. The properties at 2900 South Bristol Street and 2300 South Bristol Street, with their shared entrance creating the appearance of a contiguous property, measure 60,249 square feet in area. Furthermore, larger lots exist within the South Bristol Street corridor. The property at 2424 South Bristol Street, while zoned Santa Ana Heights Professional and Administrative Office (PA), measures approximately 90,000 square feet in area. The Lot Merger will not create Planning Commission Resolution No. PC2023-010 Page 5 of 18 01-17-23 a lot larger than the surrounding commercial properties within the South Bristol Street corridor. 6. The Properties are not in the coastal zone, therefore no Coastal Land Use Policies apply. Finding: D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: Legal access for the merged parcel will continue to be provided from South Bristol Street. No adjoining parcels will be deprived of legal access as a result of the merger. Finding: E. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. The Properties are located within the 2100-2200 block of South Bristol Street. The 2100-2200 block is developed with commercial buildings that front South Bristol Street. The proposed operations for the resulting parcel will continue to orient toward South Bristol Street. The Project will not result in a change to the existing pattern of development nor disrupt the character or livability of the neighborhood. 2. Facts 4 and 5 in Support of Finding C are hereby incorporated by reference. Waiver of Parcel Map In accordance with Section 19.08.30(A)(3) (Waiver of Parcel Map Requirement) of the NBMC, a waiver of the parcel map may be approved in cases where no more than three parcels are eliminated. The following finding and facts in support of such finding are set forth herein: Planning Commission Resolution No. PC2023-010 Page 6 of 18 01-17-23 Finding: F. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the Lot Merger would remove the existing interior lot lines and allow for the Properties to be used as a single site. The Project does not result in the elimination of more than three lots or parcels. 2. The resulting parcel from the Lot Merger would comply with all design standards and improvements required for new subdivisions by Title 19 (Subdivisions), Title 20 (Planning and Zoning), and General Plan. 3. The merged parcel is within an urban environment and will be served by existing public utilities. 4. All future improvements on the Properties will be required to comply with the development standards of the Santa Ana Heights Specific Plan, the NBMC, and General Plan. 5. Facts 3, 4, and 5 in support of Finding C are incorporated by reference. 6. The Fact in support of Finding D is incorporated by reference. Conditional Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings for a use permit are set forth herein: Finding G. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use category for the Properties is General Commercial (CG). The General Commercial (CG) category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The Fletcher Jones airport shuttle service provides both local and regional customers with the beneficial service of convenient transportation to and from John Wayne Airport. The valet parking lot provides secure vehicle storage and car washing while customers are Planning Commission Resolution No. PC2023-010 Page 7 of 18 01-17-23 away. Travelers to and from the airport require transportation and the Project helps meet that need. 2. Existing car wash infrastructure and the former Enterprise/Hertz rental car office will be demolished. The consolidated lot will be reconfigured to construct a new 4,293 square-foot car wash facility. The car wash floor plan features an 82-foot-long car wash tunnel with doors at either opening, car wash and vacuuming equipment, storage and utility rooms, an employee restroom, a 1,296 square-foot garage for company vehicles, and outdoor detailing bays. The 696 square-foot shuttle service reception office will remain. 3. The Properties are in the Santa Ana Heights Specific Plan General Commercial (SP-7 GC) Zoning District, which intends to provide for the orderly and balanced development of the community consistent with the Santa Ana Heights Specific Plan’s adopted land use designations. In accordance with Section 20.90.110 (General Commercial District: SP-7 (GC)) of the NBMC, automobile parking lots are an allowed use subject to the approval of a minor use permit and automobile washing is an allowed use subject to the approval of a conditional use permit. While a shuttle service is not explicitly listed as an allowed use, Section 20.90.110 of the NBMC allows for any other use which the Planning Commission finds consistent with the purpose and intent of this district. The airport shuttle service historically has been found consistent with the purpose and intent of the Santa Ana Heights Specific Plan. In 2002, the County of Orange approved Planning Activity No. PA01-0118 to establish the airport shuttle operation at 2172 South Bristol Street. The application expired due to inaction by the Applicant and the use was subsequently reauthorized on April 8, 2005, by the City of Newport Beach through the approval of Planning Director’s Use Permit No. UP2005-009 (PA2005-037). 4. General Plan Land Use Element Policy LU 2.4 (Economic Development) encourages uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. Allowing the redevelopment of the Properties to support a more efficient car wash and shuttle service will generate revenue for the City while providing a valuable service to residences of Newport Beach. 5. The General Plan Land Use Element makes reference to Santa Ana Heights once by name, specifically within Policy LU 3.3 (Opportunities for Change). For the Santa Ana Heights district, Land Use Element Policy LU 3.3 encourages the use of properties consistent with the adopted Specific Plan and Redevelopment Plan. The Project is consistent with the Santa Ana Heights Specific Plan and is therefore consistent with Policy LU 3.3. Finding H. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding Planning Commission Resolution No. PC2023-010 Page 8 of 18 01-17-23 1. The Properties consist of three individual parcels formerly under the permit jurisdiction of the County of Orange. While the parcels are legally separate, they have been used as a single building site for years and will be merged. The 2172 South Bristol Street property is developed with the shuttle service reception office and 52 parking spaces. The 2192 South Bristol Street property is developed with car wash infrastructure and primarily provides car washing for airport shuttle service customers along with additional parking spaces for the shuttle service. The 2222 South Bristol Street property historically operated as an Enterprise/Hertz Rental Car facility prior to acquisition by the current owner and currently provides additional parking spaces. Both the existing car wash infrastructure and the rental car building will be demolished as part of the Project. 2. The Project complies with the site development standards of the General Commercial (CG) General Plan designation including Floor Area Ratio (FAR), building site area, building height, and setbacks. a. The Applicant will construct a 4,293 square-foot car wash facility. Together with the existing 695 square foot shuttle service center, the Properties will be developed with 4,988 square feet of gross floor area resulting in an FAR of .09. The proposed FAR is well below the maximum FAR limit of .5. b. Facts 4 and 5 regarding building site area in support of Finding C are incorporated herein by reference. c. The Project meets the minimum required setbacks, which are no minimum required for the front, no minimum required for the sides, and a minimum rear setback of ten feet, which is required due to the adjacent REQ property. d. The building height of the proposed car wash facility is 20 feet above the existing grade, whereas, the maximum height limit for the district is 35 feet. 3. The Properties will be reconfigured to provide two driveway approaches. The northerly approach will serve as the main entrance for customers dropping off their vehicle and boarding the airport bound shuttle. The southerly approach will be used by the shuttle exiting the Properties. As required per Section 20.90.110(F)(5), the driveway approaches shall be separated by a minimum of 22 feet from any existing approaches. The site plan and proposed approaches were reviewed by the Public Works Department to ensure compliance with City Standards for driveway widths and site distance requirements. 4. Section 20.90.110(F)(9) of the NBMC requires the storage of all trash and related containers within a 6-foot tall trash enclosure. A 121-square-foot trash enclosure with solid walls and a roof is proposed along the southerly property line, outside of the required rear setback. 5. Section 20.90.110(F)(10) of the NBMC requires all commercial uses and their related products to be contained entirely within a completely enclosed structure, except for parking and loading areas, and for outdoor uses expressly permitted by a use permit. Vehicle detailing will occur outside of the car wash building, in the outdoor detailing bays. The detailing bays are located behind the car wash facility and will not be visible to motorists along South Bristol Street. Landscaping along the rear property line should screen the Planning Commission Resolution No. PC2023-010 Page 9 of 18 01-17-23 activity from the adjacent uses. While vacuuming of car interiors will occur in the outdoor detailing bays, the vacuum equipment has been located within the interior of the car wash building to help prevent excessive noise generation. 6. As the Properties abut the Residential Equestrian (REQ) District, a 6-foot-tall slump masonry wall is required along the entire length of the rear property line along with a 10-foot landscape buffer area. The buffer design is in accordance with Section 20.90.030 (Design Guidelines) of the NBMC, Exhibit 15. 7. The consolidated parcel will be resurfaced and restriped to provide a total of 83 parking spaces. The parking lot will have security fencing along the permitter and strategically placed gates to prevent the public or customers from accessing the main parking and storage area and car wash behind the gates. There is a small, four parking space, parking area provided at the northerly entrance, prior to the security gates. Customers will park within this area, check in for shuttle service, and then be shuttled to the airport. Employees will valet cars to any of the available 79 spaces behind the security fencing. At no time will the public be permitted behind the security gates. While parked at the facility, staff will wash and detail customer vehicles. 8. Parking requirements within the General Commercial (GC) District of the Santa Ana Heights Specific Plan are in accordance with Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC. Table 3-10 of Section 20.40.040 provides a parking rate of one per 250 sq. ft. of net floor area for office uses and an automobile washing rate of one per 200 sq. ft. of office or lounge area; plus queuing for five cars per washing station. The shuttle service reception office would require a minimum of three parking spaces. Given the car wash is not accessed by the public (i.e., there is no lounge or queuing area), it would not require customer parking. The previous Use Permit required four on-site parking spaces be available to customers. Provided the nature of the operation (i.e., a valet parking lot) and the fact the public will not be accessing the car wash behind the security gates, only the shuttle service office shall require parking and the four provided spaces meet the requirements for the Project. 9. Signage for the Project will be under separate review and permit and in accordance with Section 20.90.110 (General Commercial District: SP-7 (GC)) subsection (D)(3) of the NBMC. 10. Landscaping is proposed in key areas along the front and rear of the Properties to provide buffering and screening. The remainder of the parking lot is not landscaped. The parking lot is not accessible to customers and is essentially private. The Applicant intends to install five bioretention flow-through planters. These improvements represent more than a threefold increase in landscape area over the existing condition. All new landscaping shall comply with Chapter 14.17 (Water Efficient Landscape Ordinance) of the NBMC. Finding I. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Planning Commission Resolution No. PC2023-010 Page 10 of 18 01-17-23 Facts in Support of Finding 1. The Properties are bordered by South Bristol Street and the 73 Corona del Mar Freeway to the east, commercial properties General Commercial (GC) to the north and south, and properties designated BP Business Park and Residential Equestrian (REQ) to the west. 2. Hours of operation for both the shuttle service and the car wash are proposed from 5:00 a.m. to 10:00 p.m., Monday through Saturday; and 6:00 a.m. to 10:00 p.m., Sunday. No after-hours pick-ups or drop-offs are proposed. No more than four employees are proposed for any one shift. 3. Due to the operational characteristics of automobile washing, the potential for noise generation, and the proximity to residential zoning districts, an acoustical analysis was provided by the Applicant. The acoustical analysis, prepared by Eilar Associates, Inc. and dated October 25, 2022, assessed noise impacts from proposed equipment at the facility to determine if project design features are necessary to reduce project-related noise impacts. The report concluded that if the car wash entrance and exit doors are closed during the operation of car wash equipment, noise levels are expected to meet applicable limits of NBMC and General Plan at all surrounding property lines. Furthermore, when doors are closed during the operation of the car wash, noise impacts at off-site receivers are expected to be significantly reduced in comparison with noise levels generated by the existing car wash equipment that will be removed as part of the proposed project. Condition of Approval no. 4 has been included to require doors to be closed during operation of the car wash. It is critical that the doors remain closed as the conclusion of the acoustical analysis is not valid if the doors are open during operations. 4. In accordance with Section 20.30.080 (Noise) of the NBMC, deliveries, loading, and unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar are not allowed between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and federal holidays. No after-hours customer pick-ups or drop-offs are proposed. 5. The Project proposes new onsite lighting in proximity with the property lines. Condition of Approval No. 18 requires that prior to the issuance of a building permit, the Applicant demonstrate through a photometric study that all exterior lighting has been designed and located so that all direct rays are confined to the Property. While the lighting is proposed to be left in a low, security output, mode at night, Condition of Approval No. 17 authorizes the Community Development Director to require the lighting be dimmed if found to be a nuisance. 6. The original approval from the County of Orange contained a condition of approval that prevented the shuttle bus from using the streets in the residentially designated areas of Residential Equestrian (REQ) and Residential Single Family (RSF) for regular trips when going to and coming back from the airport. To prevent impacts to neighboring residential properties, this prohibition has been continued as Conditional of Approval No. 5. Planning Commission Resolution No. PC2023-010 Page 11 of 18 01-17-23 7. The location, size, design and operating characteristics of the Project will not create unusual noise, traffic, or other detrimental conditions that would be incompatible with the other permitted uses in the vicinity. Finding J. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Fact in Support of Finding The Properties are within a developed neighborhood and should be adequately served by existing utilities. The Project essentially reconfigures an existing operation and provides a more modern and efficient layout which ultimately should benefit first responders in the event of an emergency situation. Finding K. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City or 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 proposed use. Facts in Support of Finding 1. The Project has been reviewed by the Public Works Department, the Building Division including review by the Electrical/Mechanical/Plumbing plan checker and Engineering Geologist, and by the Fire/Life Safety Division. Recommended conditions of approval to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible have been incorporated into Exhibit “A.” 2. All Facts in Support of Findings G, H, and I incorporated herein by reference. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 3 (New Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment and the exceptions to the Class 3 exemption do not apply in this case. Planning Commission Resolution No . PC2023-010 Page 12 of 18 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 NBMC. 3. This resolution supersedes Planning Director's Use Permit No . UP2005-009 (PA2005- 037), which upon vesting of the rights authorized by this lot merger and conditional use permit, shall become null and void . PASSED, APPROVED, AND ADOPTED THIS 23Ro DAY OF FEBRUARY, 2023. A YES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene NOES: None ABSTAIN : None ABSENT: None 01-17-23 Planning Commission Resolution No. PC2023-010 Page 13 of 18 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. Hours of operation for both the shuttle service and car wash are limited to 5 a.m. to 10 p.m., Monday through Saturday; and 6 a.m. to 10 p.m., Sunday. 3. Customers and the public are prohibited from accessing the parking lot and car wash behind the security gates. 4. Car wash doors must be closed during operation of the car wash. 5. The shuttle bus driver shall be instructed not to use the streets in the residential designated areas (REQ and RSF) of the Santa Ana Heights Specific Plan for regular trips when going to and coming back from the airport. 6. Until recordation of the lot merger, the two (2) lots shall be held entirely under one (1) common fee ownership. 7. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 8. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this use permit. 9. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Section 20.90.110 (General Commercial District: SP-7 (GC)) subsection (D)(3) of the NBMC. 10. This Conditional Use Permit and Lot Merger shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code unless an extension is otherwise granted. 11. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. Planning Commission Resolution No. PC2023-010 Page 14 of 18 01-17-23 12. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 13. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 14. Before the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit and Lot Merger 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 Conditional Use Permit and Lot Merger and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 15. Before the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be approved by the Planning Division. 16. All landscape materials and irrigation systems shall be maintained by 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. 17. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, 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. 18. Before the issuance of a building permit, the Applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 19. Before 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. 20. 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 Planning Commission Resolution No. PC2023-010 Page 15 of 18 01-17-23 Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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 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 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. 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. 26. The exterior of the business shall be always maintained free of litter and graffiti. 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. 27. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning 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). 28. 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 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. Planning Commission Resolution No. PC2023-010 Page 16 of 18 01-17-23 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 30. A Special Events Permit is required for any event or promotional activity outside the normal operating 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 NBMC to require such permits. 31. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 32. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Fletcher Jones Airport Shuttle and Car Wash including, but not limited to, the Conditional Use Permit and Lot Merger (PA2022-128). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing the such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 33. Automatic fire sprinklers shall be required for all new construction that exceeds 5,000 square feet in area (canopy included). The sprinkler system shall be monitored by a UL-certified alarm service company. 34. Prior to building permit issuance, the site plan shall be updated to show the required fire lane. Building Division 35. 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. Planning Commission Resolution No. PC2023-010 Page 17 of 18 01-17-23 36. Before the issuance of a grading permit, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division 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. 37. A list of “good housekeeping” 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 stormwater 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 Department 38. The Lot Merger exhibits shall be submitted to the Public Works Department for final review and approval. All applicable fees shall be paid. 39. All improvements shall be constructed as required by Ordinance and the Public Works Department. 40. An encroachment permit shall be required for all work activities within the public right-of-way. 41. At the discretion of the Public Works Inspector, the Applicant shall reconstruct all damaged/broken concrete curb, gutter, and sidewalk along the entire length of the South Bristol Street frontage per City Standard. 42. Driveway approaches shall be constructed per City Standard. 43. The Project shall be reviewed by the Costa Mesa Sanitary District (CMSD) for all sewer improvements. 44. The Project shall be reviewed by the Irvine Ranch Water District (IRWD) for all water improvements. 45. Proposed parking layout shall be in accordance with City Standard 805. Prior to issuance of a building permit, the proposed parking layout shall be reviewed and approved by the City Traffic Engineer. Dead end drive aisle shall have a dedicated turn around space and a 5-foot minimum turnaround area. 46. Traffic pavement markings shall comply with the latest Caltrans Standard Plans and traffic signage shall comply with the latest California Manual of Uniform Traffic Control Decides (CAMUTCD). Planning Commission Resolution No. PC2023-010 Page 18 of 18 01-17-23 47. Any damage to public improvements surrounding the development site by private construction shall be reconstructed at the discretion of the Public Works Inspector. 48. All improvements shall comply with City Standard 110 for sight distance requirements.