HomeMy WebLinkAbout03_Sixt Rent a Car LLC Car Wash LTP_PA2024-0209CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 30, 2025
Agenda Item No. 3
SUBJECT: Sixt Rent a Car LLC Car Wash (PA2024-0209)
Limited Term Permit No. PA2024-0209
SITE LOCATION: 4200 Birch Street
OWNER/APPLICANT: Karsten Jaensch of Sixt Rent A Car LLC
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235, dkopshever@newportbeachca.gov
LAND USE AND ZONING
·General Plan Land Use Plan Category: CG (General Commercial)
·Zoning District: PC 11 (Newport Place)
PROJECT SUMMARY
A request for a 12-month duration limited term permit that will allow the operation of a
handwash-only car wash facility to exclusively serve Sixt Rent a Car LLC fleet vehicles. Fleet
vehicles will be driven from John Wayne Airport to the project site after customer use and
will be washed, vacuumed, and returned to John Wayne Airport. No construction, overnight
vehicle storage, or public car washing services are proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) 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 this
exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. ____ approving the Limited Term
Permit filed as PA2024-0209 (Attachment No. ZA 1).
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Sixt Rent A Car LLC Car Wash (PA2024-0209)
Zoning Administrator, January 30, 2025
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DISCUSSION
·The project site is in Service Site 1 of the Newport Place Planned Community (PC
11) Zoning District. PC 11 is an area appropriate for commercial and light industrial
uses because of its central location, ideal topography, availability to four freeways,
and its relation to the Orange County Airport. Service Site 1 allows for a service
station and mechanical car wash, subject to a use permit. The site is categorized
as CG (General Commercial) by the Land Use Element of the General Plan.
·The project site is bounded by Dove Street, Birch Street, Scott Drive, and the
Benihana restaurant at 4250 Birch Street. The layout of the site allows for vehicles
to enter from Scott Drive and exit onto Birch Street.
·The project site is 1.20 acres, rectangular in shape, is topographically flat, and has
been developed with a car wash since 1974. Most recently, the project site has
operated pursuant to Use Permit no. UP2001-035 (PA2001-035). UP2001-035
permitted a mechanical car wash, vehicle detailing, and gasoline pumps open to
the public. The Property contains a car wash tunnel, a structure for auto detailing, a
structure housing mechanical equipment associated with the car wash tunnel, and a
canopy covering gas pumps which connects the two structures. The detailing
structure includes a customer waiting area, a cashier station, two restrooms, a work
and storage closet area, and an equipment room.
·The Limited Term Permit will allow for the operation of a handwash-only car wash
facility exclusively serving Sixt Rent a Car LLC fleet vehicles for a duration of up
to 12 months (from February 13, 2025 through February 13, 2026). The car wash
facility will be permitted to operate from 7:00 A.M. to 11:00 P.M. and will not involve
any new construction, overnight vehicle storage, or public car wash services.
·Fleet vehicles will be driven from John Wayne Airport to the project site after
customer use and will be washed, vacuumed, and returned to John Wayne Airport.
Car washing will be performed exclusively by hand within the car wash tunnel. No
overnight storage of vehicles is allowed. Approximately 40 cars will be cleaned per
day with a maximum of six cars on site at any given time. A description of the
operation was provided by the Applicant and is available as Attachment No. ZA 3.
Project plans showing the proposed layout are available as Attachment No. ZA 4.
·Adequate parking to accommodate vehicular traffic to the site is existing and
available on site. The project site provides sufficient internal vehicle circulation
space, five tandem employee parking spaces, five tandem staging area spaces,
and one ADA stall.
·The proposed use is not anticipated to generate excessive traffic in an already
urbanized area. Operations are internal to Sixt Rent a Car’s fleet. A maximum of
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Sixt Rent A Car LLC Car Wash (PA2024-0209)
Zoning Administrator, January 30, 2025
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four employees would be onsite at a given time. The five parking spaces dedicated
to employees and five parking spaces dedicated to staging fleet vehicles are
sufficient to accommodate both employee parking and the proposed use. The
Project is not open to members of the public, therefore no onsite parking beyond
spaces necessary for employees and vehicle staging is required.
·The Project has been reviewed by the Building Division, Public Works Department,
and Fire Department. All department-specific conditions of approval are provided
in Exhibit A of Attachment No. ZA 1.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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. The exceptions to this categorical exemption under
Section 15300.2 are not applicable.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
JP/djk
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Sixt Rent A Car LLC Car Wash (PA2024-0209)
Zoning Administrator, January 30, 2025
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ZA 3 Applicant’s Project Description
ZA 4 Project Plans
Attachments: ZA 1
ZA 2
Draft Resolution
Vicinity Map
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING A
LIMITED TERM PERMIT TO AUTHORIZE A LIMITED DURATION
HANDWASH-ONLY CAR WASH FACILITY LOCATED AT 4200
BIRCH STREET (PA2024-0209)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Karsten Jaensch of Sixt Rent a Car LLC (Applicant), concerning
property located at 4200 Birch Street, and legally described as Parcel 1 of Parcel Map No.
45-25 (Property) requesting approval of a limited term permit.
2.The Applicant requests a 12-month duration limited term permit that will allow for the
operation of a handwash-only, car wash facility to exclusively serve Sixt Rent a Car LLC
fleet vehicles. Fleet vehicles will be driven from John Wayne Airport to the project site after
customer use and will be washed, vacuumed, and returned to John Wayne Airport. No
construction, overnight vehicle storage, or public car washing services are proposed
(Project).
3.The subject property is categorized as General Commercial (CG) by the Land Use Element
of the General Plan and is located within the Newport Place Planned Community (PC 11)
Zoning District.
4.The subject property is not located within the coastal zone.
5.A public hearing was held on January 30th, 2025, online via Zoom. A notice of the time,
place, and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code (NBMC). 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 15301 under Class 1 (Existing Facilities) 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. The exceptions to this categorical exemption under
Section 15300.2 are not applicable.
2.The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The project includes no construction. The existing
facility will be used for the hand washing of rental cars with no overnight vehicle storage.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of
the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A.The operation of the requested 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 for the temporary operation of a handwash-only car
wash facility exclusively serving Sixt Rent a Car LLC fleet vehicles for a duration of up
to 12 months (from February 13, 2025, through February 13, 2026). The facility will be
permitted to operate from 7:00 A.M. to 11:00 P.M.
2.The project site is zoned PC 11 (Newport Place), which is an area appropriate for both
commercial and light industrial uses. The project site is within Service Station Site 1 of
PC 11, which allows for a vehicle service station and car wash. The Project is consistent
with the intended purpose of the zoning district.
3.All activities are contained on-site, and no vehicle queuing is allowed in the public right-of-
way, preventing hazards or inconveniences to the public. Condition of Approval No. 28
prohibits queuing in the public right of way.
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 parcel is 1.20 acres, rectangular shape, and is fairly flat.
2.The Property has been developed with a car wash since 1974. Most recently, the
Property operated pursuant to Use Permit no. UP2001-035 (PA2001-035). UP2001-035
permitted a mechanical car wash, vehicle detailing, and gasoline pumps open to the
public. The Project includes the temporary storage of fleet vehicles (during the day only)
owned by a vehicle rental service. Vehicle storage and vehicle rental services are not
permitted to operate in this zoning district but may be allowed temporarily, subject to a
limited term permit.
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3.The Property contains a car wash tunnel, a structure for auto detailing, a structure housing
mechanical equipment associated with the car wash tunnel, and a canopy covering gas
pumps which connects the two structures. The detailing structure includes a customer
waiting area, a cashier station, two restrooms, a work and storage closet area, and an
equipment room. No modifications are proposed to the existing carwash infrastructure and
no construction is required to implement the temporary use.
4.Car washing will be performed exclusively by hand and at the Property. Vacuuming and
any minor detailing will be performed within the car wash tunnel.
5.Adequate space exists for vehicle circulation, staging, car washing, detailing, and
employee parking.
6.The Property’s prior use as a car wash demonstrates the operational compatibility of the
Project with the surrounding area.
7.Designated entry/exit points and controlled operations prevent spillover onto adjacent
properties and prevent queuing into the street as required in Condition of Approval No.
28.Traffic to and from the facility is not anticipated to interfere with the various uses
adjacent to the site.
8.The Project has been reviewed by the Building Division, Public Works Department, and
Fire Department and all department-specific conditions of approval are provided in
Exhibit A.
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 Property is bounded by Dove Street, Birch Street, Scott Drive, and the Benihana
restaurant at 4250 Birch Street. The layout of the site allows for vehicles to enter from
Scott Drive and exit onto Birch Street. The site and building location provide sufficient
internal vehicle circulation and staging areas.
2.The Project is not anticipated to generate excessive traffic in an already urbanized area
as operations are internal to Sixt Rent a Car’s business and will serve approximately 40
fleet vehicles a day.
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;
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Facts in Support of Finding
1.The Project is anticipated to have a maximum of six fleet vehicles onsite at a time. The
Property is striped with five tandem employee parking spaces, five tandem staging area
spaces, and one ADA parking stall. Vehicles cannot stage within the car wash tunnel
other than when the vehicle is being cleaned.
2.A maximum of four employees would be onsite at a given time. The five parking spaces
dedicated to employees is sufficient to accommodate employee parking.
3.The Project is not open to members of the public, therefore no onsite parking beyond
spaces necessary for employees and vehicle staging is required.
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 subject property is categorized as General Commercial (CG) by the Land Use Element
of the General Plan. The GC Category is intended to provide areas appropriate or a wide
variety of commercial activities oriented primarily to serve citywide or regional needs. The
temporary car wash facility is consistent with the last use of the site, will be used for a
limited duration, and will serve both citywide and regional needs. The Project is consistent
with the CG Category and is a use that supports an airport use in the area.
2.The Property is within Service Site 1 of the Newport Place Planned Community (PC 11).
PC 11 is intended to provide a range of commercial and light industrial uses that are
adjacent to John Wayne Airport. Section 20.52.040(D)(7) (Limited Term Permits) allows
for limited duration uses compatible with the subject zoning district and surrounding uses,
subject to a limited term permit. In Service Site 1 of PC 11, a permanent car washing facility
is allowed subject to the approval of a use permit.
3.The Project does not include vehicles being stored overnight. Vehicle storage is not
allowed within Service Station Site 1 of PC 11. Vehicle storage for Sixt Rent a Car will be
located at provided parking spaces at John Wayne Airport. Condition of Approval No. 5
prohibits overnight vehicle storage.
4.The site is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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1.The Zoning Administrator 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 1 (Existing Facilities) 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 Zoning Administrator of the City of Newport Beach hereby approves the Limited Term
Permit filed as PA2024-0209, subject to the conditions outlined in Exhibit A, which is
attached hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or a call for review is filed with the
Community Development Director by the provisions of Title 20 (Planning and Zoning),
of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 30th DAY OF JANUARY 2025.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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.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
Limited Term Permit.
4.All proposed signs shall be in conformance with the provisions of the Newport Place
Planned Community (PC 11) Zoning District.
5.No overnight vehicle storage is permitted on-site.
6.Operational hours are restricted to 7:00 AM to 11:00 PM.
7.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.
8.Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require subsequent review and approval by the Planning
Division and may require an amendment to this Limited Term Permit or the processing
of a new limited term permit.
9.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.
10.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.
11.This Limited Term Permit shall expire twelve (12) months from the date of end of the appeal
period set to end on February 13, 2025, unless an extension of up to one (1) additional
period of twelve (12) months is granted by the Zoning Administrator in compliance with
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Section 20.54.060 (Time Limits and Extensions). 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.
12.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.
13.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.
14.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards)
and 10.26.030 (Interior Noise Standards), and other applicable noise control
requirements of the NBMC.
15.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.
16.No outside paging system shall be utilized in conjunction with this establishment.
17.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.
18.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.
19.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.
20.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
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with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
21.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.
22.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.
23.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.
24.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 NBMC.
25.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 Sixt Rent a Car LLC Car Wash including, but not
limited to the Limited Term Permit filed as PA2024-0209. 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 the 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
26.Vehicles shall not be stored in the car wash tunnel other than when the vehicle cleaning
is performed.
27.Two 2A 10BC fire extinguishers shall be placed at either end of the car wash tunnel.
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28.Site operations shall not impact the public right of way. Vehicles shall not be staged,
stored or queued in the public right-of-way at any time.
29.All proposed back of house services shall occur entirely on private property and is
prohibited within the public right-of-way.
Public Works Department
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. PA2024-0209
4200 Birch Street
Subject Property
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Attachment No. ZA 3
Applicant’s Project Description
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Letter of Operation
Company: Sixt rent a car LLC
Location: 4200 Birch St, Newport Beach, CA 92660
Process
a.Sixt rent a car is set to open its new car rental branch at John Wayne Airport
in November 2025.
b.As part of the branch, the airport will also provide us with parking stalls
directly on site to park our ready to rent cars.
c.The property at 4200 Birch St is planned to serve as a back of house service
facility where we clean cars.
d.When customers return cars at the airport, our drivers are picking them up
and drive them to 4200 Birch.
e.They enter the premises via Scott Drive and drive the car directly into the car
wash area.
f.They are lined up in the car wash tunnel where they are being cleaned.
g.Car cleaning process: Cars are vacuumed in the interior and handwashed on
the exterior.
h.After the cleaning, they are lined up in the staging area so our driver can bring
the car back to the airport.
i.The cleaned car would leave the property via Birch Street.
j.At the airport the car is parked and rented to the next customer.
Customer Interaction: None
Flow Chart: See separate document.
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Attachment No. ZA 4
Project Plans
19
Title:
Date:
Drawn By:NM
Location:4200 Birch St
Newport Beach, CA
10/23/2024
Site Plan
ADA Space
Staging area
EmployeeParking
DRTYDRTYDRTY
DR
T
Y
DR
T
Y
DRTY
DR
T
Y
DR
T
Y
DRT
Y
CLN
CL
N
CLN
C
L
N
CLNCLNCLNCLNCLNCLN
CLN
CL
N
CL
N
CLN CLN
Car Hand Wash Area
Plan: Sixt does not plan any construction on site. No work proposed, for reference only.
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