HomeMy WebLinkAboutPC2024-011 - APPROVING A CONDITIONAL USE PERMIT FOR AN AIRPORT SHUTTLE AND RELATED PRIVATE PARKING FACILITY FOR THE PROPERTY LOCATED AT 20071 BIRCH STREET AND RESCINDING THE CONDITIONAL USE PERMIT FOR APPLICATION PA2022-128 FOR THE PROPERTIES LOCATED ATRESOLUTION NO. PC2024-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, APPROVING A CONDITIONAL USE PERMIT FOR AN AIRPORT SHUTTLE AND RELATED PRIVATE PARKING FACILITY FOR THE PROPERTY LOCATED AT 20071 BIRCH STREET AND RESCINDING THE CONDITIONAL USE PERMIT FOR APPLICATION PA2022-128 FOR THE
PROPERTIES LOCATED AT 2172, 2192 AND 2222 SOUTH BRISTOL STREET (PA2023-0172) 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 (“Applicant”), concerning property
located at 20071 Birch Street, and legally described as Lot 86 of Tract no. 706 (“Property”).
2. Fletcher Jones Motorcars currently operates an Airport Shuttle Facility (“Existing Shuttle
Facility”) on the three contiguous parcels addressed as 2172, 2192, and 2222 South Bristol
Street.
The Applicant proposes relocation of the Existing Shuttle Facility to the Property (“Project”)
which would require approval of a conditional use permit (“CUP”) to construct and operate
an approximately 1,120-square-foot, single-story reception office, an 18-space private
surface parking lot, and a 65-space private surface parking lot with valet services.
3. The Property is categorized as General Commercial Office (CO-G) by the General Plan
Land Use Element and is located within the Santa Ana Heights Specific Plan Business
Park (SP-7 BP) Zoning District.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
5. A public hearing was held on May 23, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing
was given in accordance with the California Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapters 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.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is part of a larger effort to redevelop 2172, 2192, and 2222 South Bristol
Street and the adjoining property at 20052 Birch Street. On November 29, 2023, the City
received an application for a conditional use permit and major site development review.
The application, filed as PA2023-0220, proposed to redevelop the three contiguous
properties on Bristol Street with an approximately 22,000-square-foot multi-purpose,
automotive inventory facility with car wash. The application also proposed to redevelop the
property at 20052 Birch Street as vehicle parking to support the automotive inventory
facility. The application is currently in the applied status.
2. To avoid the potential piecemealing of projects (i.e., the dividing of a project into two or
more pieces and evaluating each piece in a separate environmental document), both the
Project and the future automotive inventory facility with accessory parking (“Combined
Project”) have been evaluated together for the potential to have a significant effect on the
environment.
3. The Combined Project is exempt from the California Environmental Quality Act (“CEQA”)
pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and Section
15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the
California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”),
because the Combined Project has no potential to have a significant effect on the
environment.
4. Class 32 exempts in-fill development that meet the following criteria: (1) is consistent
with the applicable General Plan designation and applicable policies, as well as
applicable zoning designations and regulations, (2) would occur on a site less than five
acres, (3) the project site must have no habitat value, (4) the project would not result in
significant traffic, noise, air quality, or water quality effects, and (5) the site can be
adequately served by all required utilities and public services. If a project meets the
criteria and qualifies for the Class 32 (In-Fill Development Projects) exemption, the
project is categorically exempt from CEQA unless one of the exceptions to exemptions
apply. The exemption is not limited to any use type and may apply to residential,
commercial, industrial, public facility, and/or mixed-use projects.
5. The Combined Project meets all the requirements under Class 32 (In-Fill Development
Projects), based on the following:
a. General Plan and Zoning Consistency: The proposed uses of airport shuttle facility,
automotive inventorying and specialized repair with car washing, and automobile
parking are allowed uses within the respective zoning districts pursuant to the
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approval of a Conditional Use Permit by the Planning Commission. The activities
are consistent with the respective General Plan Land Use Designations.
b. Less Than 5 Acres: The total area for the properties to be redeveloped totals only
2.55 acres.
c. No Habitat Value: All properties have been developed previously and are unlikely
to provide value as habitat for endangered, rare, or threatened species.
d. No Significant Traffic, Noise, Air Quality or Water Quality Effects: Neither the
airport shuttle facility nor the automotive inventory facility is anticipated to result
in significant impacts to traffic. The airport shuttle facility relocation will move
vehicle trips from one site to another site, approximately 0.20-miles away and will
not be increasing operational capacity in a meaningful way. The automotive
inventory facility will not be open to the public and therefore will only add minimal
vehicle trips. Similarly, no impacts to air quality are anticipated due to minimal
traffic increases.
The primary source of noise within the vicinity of the properties is airplane noise
and traffic noise. All noise generating activities, such as car washing or specialty
repair, will take place within the automotive inventory facility. The airport shuttle
will not have vehicle repair, car washing or detailing, onsite.
The Combined Project will not produce a significant effect related to water quality.
While both the airport shuttle facility and automotive inventory facility sites will
primarily be developed with impervious surfaces, the (“Combined Project”) will
require Water Quality Management Plans (“WQMP”) and Best Management
Practices (“BMPs”) to both prevent erosion and construction pollutants from
contacting stormwater and to treat stormwater onsite through bioretention basins.
Both applications include preliminary WQMPs. Final WQMPs shall be reviewed
and approved by the Building Division prior to building permit issuance.
e. Utilities and Public Services: The properties are within a developed area of the
City and should be adequately served by existing utilities. All public services,
including police and fire protection, are adequate to accommodate the Project.
6. The Project, individually, is also exempt from CEQA under Section 15303 under Class 3
(New Construction or Conversion of Small Structures) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment.
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7. Class 3 exempts the construction and location of a limited number of new, small,
facilities or structures including a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area. The Project will construct a small office building that falls well
below the lowest limit for the Class 3 exemption. The Class 3 exemption also exempts
accessory structures, such as fences.
8. 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.
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 the Project are set forth herein:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The Property is categorized as General Commercial Office (CO-G) by the Land Use
Element of the General Plan. Table LU 1 (Land Use Plan Categories) specifies that the
General Commercial Office (CO-G) category is intended to provide areas for the
development of administrative, professional, and medical offices with limited accessory
retail and service uses. Hotels, motels, and convalescent hospitals are explicitly
prohibited. The Project proposes a small reception office where employees will receive
shuttle customers. In addition to the small office, the site will be developed with a small
private parking lot, accessible to customers dropping off their vehicle, and a larger valet
lot where cars can be parked for longer durations. While the airport shuttle facility will
maintain slightly later hours than a typical administrative or professional office, it will not
maintain overnight hours common to hotels, motels, or hospitals.
2. The Property is one of 17 properties within the 20000 block of Birch Street also categorized
as GO-G by the Land Use Element of the General Plan. Most of these properties are
developed with multi-story office buildings. The Project will not change the overall balance
of development within the area or result in an overconcentration of service uses.
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3. The Property was historically developed with a single-unit residence. The residence was
demolished pursuant to permit no. XR2023-3367. Residential uses are not intended for
areas categorized as CO-G by the Land Use Element of the General Plan. General Plan
Policy LU 3.3 (Opportunities for Change/Santa Ana Heights) places importance on the
use of properties consistent with the adopted Specific Plan and Redevelopment Plan.
The Project will replace an inconsistent residential development with a commercial
development, which is consistent with both the Specific Plan and CO-G.
4. The Project is located approximately one mile to the south of John Wayne Airport and
within the 65-70 dBA Community Noise Equivalent Level (“CNEL”) noise contour area. A
wide range of commercial activities are normally compatible with this level of noise
pursuant to Table N2 (Land Use Noise Compatibility Matrix) of the General Plan Noise
Element, whereas the past residential unit was incompatible. The Project design has both
closed windows and air conditioning, as suggested by Table N2, limiting exposure to
noise within the reception office.
5. General Plan Policy LU 2.1 (Resident-Serving Land Uses) encourages uses that support
the needs of Newport Beach’s residents, including services, that are in balance with
community natural resources and open spaces. The Project will provide residents with
the beneficial service of convenient transportation to and from John Wayne Airport.
Additionally, the facility is proposed within an already developed neighborhood, which
ensures minimal impact on existing open spaces.
6. The Property is within the Santa Ana Heights Specific Plan Business Park (SP-7 BP)
Zoning District. The BP District was established to provide for the development and
maintenance of professional and administrative offices, commercial uses, specific uses
related to product development, and limited light industrial uses. While an airport shuttle
service and parking facility is not explicitly listed as an allowed use, Section 20.90.120
(Business Park District: SP-7 (BP)) provides an allowance for any use which the Planning
Commission finds consistent with the purpose and intent of this district. The airport
shuttle and parking facility is a commercial use, which can be authorized by the Planning
Commission.
Finding: B. 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: 1. Fact 6 in Support of Finding A is hereby incorporated by reference.
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2. Section 20.90.120 (Business Park District: SP-7 (BP)) of the NBMC lists uses allowed
subject to the approval of a minor use permit (“MUP”) or a conditional use permit. For
example, service uses are permitted with the approval of a MUP, and automobile rental
agencies are permitted with the approval of a conditional use permit. The airport shuttle
service, while not a typical service use or automobile rental business, operates with
features common to both. In this case, customers will arrive at the shuttle facility to
obtain a service and will self-park within the smaller front parking lot. Customers will
then check-in with staff in the reception office. After registering, customers will walk to
the rear of the reception office, where the shuttle loading zone is proposed, to board the
airport shuttle. Staff will valet customer vehicles into the larger lot behind the security
fencing and gates. Upon return to facility, customers will disembark the shuttle and have
their vehicles returned. Customers are not anticipated to linger onsite.
3. The Applicant is not proposing any form of vehicle washing, vehicle repair or
maintenance on the Property. All such noise generating activities are specifically
prohibited by Condition of Approval No. 7.
4. Based upon operational data reviewed and accepted by the City Traffic Engineer from
the facility currently operating on South Bristol Street, the Project is anticipated to
generate 218 average daily trips (“ADT”). This is below the 300 ADT threshold provided
in Section 15.40 (Traffic Phasing Ordinance) of the NBMC, which would require a traffic
study. The trip data was reviewed and accepted by the City Traffic Engineer.
5. The Project complies with the site development standards of the SP-7 BP District
including Floor Area Ratio (“FAR”), building site coverage, building height, and setbacks.
a. The Applicant will construct a 1,120-square-foot reception office. The office floor plan
includes an approximately 630-square-foot lobby, restrooms, a small employee
breakroom, and a mechanical room. The Property area is 38,311 square feet,
resulting in a proposed FAR of 0.03. The proposed FAR is well below the maximum
limit of 0.5.
b. The building will also feature a large, exterior, canopy that provides shelter for
customers. The total footprint of the reception office plus the canopy is approximately
2,160 square feet, which results in a total lot coverage of 6%. The proposed lot
coverage is well below the lot coverage maximum of 40%.
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c. The Project meets the minimum required setbacks, as evidenced in the table below:
Setback Required Provided
Front 0 feet 44 feet
Northerly Side 0/10 feet* 50 feet
Southerly Side 0/10 feet* 52 feet
Rear 0 feet 235 feet
* 10 feet required on one side only
d. The building height of the proposed reception office is 14 feet above the existing
grade, whereas the maximum height limit is 37 feet.
6. Section 20.90.120(F)(7) of the NBMC requires the storage of all trash and related
containers within a 6-foot tall trash enclosure. A minium size requirement is not provided
within Section 20.90.120(F)(7), however Section 20.30.120 (Solid Waste and Recyclable
Materials Storage) of the NBMC requires a minimum of 32 squre foot trash enclosure for
nonresidential developments where the structure floor area is under 5,000 square feet.
The Applicant proposes a 121-square-foot trash enclosure with solid walls and a roof is
along the southerly side property line and outside of the required setback. The proposed
trash enclosure exceeds the minimum size requirements and should adequately manage
the trash generated by the business.
7. The Project provides the minimum boundary landscaping specified in Section 20.90.120
(F)(9) of the NBMC of 3 feet along the side and rear property lines and a 10-foot buffer
in the front, which will soften views of parked cars. The proposed planting palette
incorporates the plants suggested in Section 20.90.030 (C) (Design Guidelines) as
feasible.
8. Section 20.90.030 (Design Guidelines) of the NBMC provides architectural guidelines
for the SP-7 BP uses with the intent of blending with and complementing the residential
areas of the community. While there are no adjoining residential uses, the Project
incorporates many of the guidelines into the architectural design of the facility. For
example, the reception office does not have the appearance of excessive massing or
bulk and the building façade incorporates a natural-colored stucco, accented with earth
toned metal.
9. Parking requirements within the SP-7 BP District 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.
The reception office proposes 999 net square feet and would require a minimum of four
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parking spaces. There are 18 spaces provided in front of the security gates that are
intended for customer use during drop-off and pick-up. Based on the existing facility on
South Bristol Street, this number of spaces will adequately serve customers prior to staff
either taking in or returning vehicles.
10. Signage for the Project will be under separate review and permit and in accordance with
Section 20.90.120(F)(14) of the NBMC.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity. Facts in Support of Finding:
1. The Property is bounded by Birch Street to the east, multi-story office buildings to the south
and to the west, and a former limousine rental business to the north with office buildings
beyond. The nearest residential use is an apartment complex, across the four-lane Birch
Street. The apartment complex is a nonconforming use. Allowed uses for the vicinity are
nonresidential, and the Project is expected to be compatible with the nonconforming
residential use and the other nonresidential uses.
2. The operating characteristics of the Project are not likely to create unusual noise, traffic, or
other detrimental conditions that would negatively impact or prove to be incompatible with
the other uses either existing in or intended for the BP District of Santa Ana Heights.
Customers will arrive to the site by regular passenger vehicle and will be shuttled to the
airport by either a large passenger van or a small bus.
3. Condition of Approval No. 27 prohibits deliveries, loading, and unloading, opening/closing
or other handling of boxes, crates, containers, building materials, trash receptacles, or
similar 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. This prohibition is in
accordance with Section 20.30.080 (Noise) of the NBMC and should help prevent any
disturbances to surrounding land uses.
4. The Project does not propose, and Condition of Approval No. 5 prohibits, after-hours
customer pick-ups or drop-offs.
5. The Project proposes new onsite lighting in proximity with the property lines. Condition of
Approval No. 17 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. 16 authorizes
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the Community Development Director to require the lighting be dimmed if found to be a
nuisance.
Finding:
D. 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.
Facts in Support of Finding:
1. The Property is 132 feet wide by 290 feet deep, flat, and rectangular-shaped. There are
no unusual topographic features that would negatively impact emergency access.
2. The Project proposes a 20-foot fire lane which can accommodate a fire engine
apparatus and provide adequate turnaround space.
3. The Project proposes security gates between the two parking lots. Emergency
responders will have access to the rear parking lot through a gate switch.
4. The Project was reviewed and accepted by the Fire and Life Safety Services Division.
Conditions of Approval Nos. 31 and 32 have been incorporated to ensure adequate
emergency response.
5. The Property is within a developed neighborhood and should be adequately served by
existing utilities.
Finding
E. 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 Existing Shuttle Facility has operated for 18 years pursuant to Use Permit No.
UP2005-009 (PA2005-037). There are no code enforcement issues or complaints on
file with the City to suggest the relocation will be detrimental to the surrounding
neighborhood.
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2. The Project has been reviewed by the Public Works Department, the Building Division
including the Engineering Geologist, and by the Fire and Life Safety Services 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.”
3. The Property does not have any storm water quality measures or BMPs installed. A
preliminary Water Quality Management Plan (WQMP) dated September 9, 2023, was
prepared by Mazarena Engineering, Inc. Upon recommendations in the report, the
Project will improve storm water runoff from the site by installing three (3) bioretention
flow-through planters and one lined bioretention basin for stormwater treatment.
4. All Facts in Support of Findings A, B, and C 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
15303 under Class 3 (New Construction or Conversion of Small Structures), Section
15332 under Class 32 (In-Fill Development Projects), and Section 15183 (Projects
Consistent with a Community Plan, General Plan, or Zoning) 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. The Planning Commission of the City of Newport Beach hereby approves the conditional
use permit, subject to the conditions set forth in Exhibit “A,” which is attached hereto and
incorporated by reference. Additionally, the Planning Commission hereby rescinds the
Conditional Use Permit for the application filed as PA2022-128 adopted pursuant to
Resolution No. PC2023-010 and amends the conditions of approval for PA2022-128 as
set forth in Exhibit “B,” which is attached hereto and incorporated by reference. Upon the
vesting of the rights authorized by this conditional use permit, Planning Director’s Use
Permit No. UP2005-009 (PA2005-037) shall become null and void.
3. 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 by the
provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF MAY 2024.
AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Lowrey
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________
Tristian Harris, Secretary
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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, landscape 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. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit.
4. Hours of operation for the shuttle service are limited to 5 a.m. to 11 p.m., Monday through
Saturday; and 6 a.m. to 11 p.m., Sunday.
5. Afterhours pick-up and/or drop-off of customers is prohibited.
6. Customers and the public are prohibited from accessing the parking lot behind the
security gates. 7. The washing and/or detailing and the repair and/or maintenance of vehicles is prohibited.
8. All proposed signs shall be in conformance with the provisions of 20.90.120 (Business
Park District: SP-7 (BP)), subsection (F)(14) of the NBMC.
9. The Use Permit shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC unless an
extension is otherwise granted.
10. This Use Permit may be modified or revoked by the Planning Division 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. 11. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require review by the Planning Division and may require an
amendment to this Use Permit or the processing of a new Use Permit.
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12. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
13. Prior to 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 Use 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 use permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans.
14. Prior to 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.
15. 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.
16. 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. 17. Prior to 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. 18. 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.
19. 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 periods unless the ambient noise level is higher:
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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
20. 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.
21. 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.
22. No outside paging system shall be utilized in conjunction with this establishment. 23. 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. 24. 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.
25. 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.
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 Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements). 27. 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.
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28. Storage outside of the building shall be prohibited, except for the required trash container enclosure.
29. 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 Newport Beach Municipal
Code to require such permits.
30. 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 Parking Facility including, but not limited to a conditional use permit PA2023-0172. 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 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
31. Security gates shall be at least 14 feet wide and shall provide access with gate switch
and Opticom or Click2Enter.
32. Circulation path shall be at least 20 feet wide with 8 feet or greater for parking on one
side.
33. Signage shall be installed to the satisfaction of the Fire Marshal indicating that only the
shuttle vehicle may be permitted to park within the fire access lane and only when actively loading or unloading customers.
34. Prior to the issuance of a building permit, plans shall be updated to identify the fire
access lane, in accordance with Newport Beach Fire Department Guideline C.02.
35. Prior to the issuance of a building permit, plans shall be updated to designate a parking
location for the shuttle vehicle outside of the fire access lane
Building Division
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36. 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. 37. The loading zone for the shuttle shall be separated from the vehicular drive aisle and shall comply with minimum dimensions required pursuant to 11B-209 and 11B-503 of the
California Building Code.
38. The applicant shall employ the following best available control measures to reduce construction-related air quality impacts:
Dust Control • Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions
• Require 90-day low-NOx tune-ups for off-road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off site. • Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control. Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the
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top six-inch surface layer, subject to review/discretion of the geotechnical engineer.
39. Prior to the issuance of a building permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide
the city with a copy of the NOI and their application check as proof of filing with the State
Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project’s impact on water quality. 40. Prior to the issuance of a building 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.
41. 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
42. An encroachment permit shall be required for all work activities within the public right-
of-way.
43. Prior to the issuance of a building permit, the Project shall be reviewed and approved
by the Costa Mesa Sanitary District (CMSD).
44. Prior to the issuance of a building permit, the Project shall be reviewed and approved by the Irvine Ranch Water District (IRWD).
45. Prior to the issuance of a building permit, all County Sanitation District fees shall be paid.
46. The Applicant shall replace the entire length of curb, gutter, and sidewalk along the Birch Street frontage.
47. Parking layout be in accordance with City Standard 805.
48. Landscaping shall be installed and maintained in accordance with City Standard 105 for sight distance requirements.
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49. All passenger loading and/or unloading shall occur entirely on-site and is prohibited
within the public right of way.
50. Driveway approaches shall be installed per City Standard 160.
51. Operation, including, but not limited to shuttle service, official employee travel and
transportation of customer vehicles, is prohibited from all residential and local streets,
including the Santa Ana Heights neighborhood. 52. Prior to issuance of a building permit, Applicant shall prepare and record an easement, in a format to be reviewed and accepted by the City Attorney’s Office, to accommodate
a pedestrian path (i.e., sidewalk) around the sloped portion of driveway. Final
dimensions of the easement will be determined by the Public Works Director during the
plan check process. The easement will not exceed a maximum width of 4 feet.
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