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HomeMy WebLinkAbout1960 - Conditional Use Permit - 4500 Campus Dr RESOLUTION NO. 1960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-025 FOR A VEHICLE RENTAL FACILITY USE LOCATED AT 4500 CAMPUS DRIVE AND 4361 BIRCH STREET (PA2014-108) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Robi Ann Sales of DLR Group, on behalf of Enterprise Holdings, Inc., with respect to properties located at 4500 Campus Drive legally described as Parcel 1 in the City of Newport Beach, County of Orange, State of California, as shown on a Map filed in Book 60, Page 22 of Parcel Maps, in the office of the County Recorder of said County and 4361 Birch Street legally described as Parcel 1 on Lot Line Adjustment 93-5 recorded December 8, 1993 as Instrument No. 93-0854901 Official Records, requesting approval of a conditional use permit. 2. The applicant proposes to expand the existing Enterprise Rent-A-Car facilities located at 4361 Birch Street. The proposed project includes the following: (1) demolition of three existing office buildings (69,804 square feet in total) at 4500 Campus Drive; (2) grading and paving with installation of perimeter security fencing and walls, landscaping, and exterior lighting; (3) construction of an approximately 5,000-square-foot administrative office and customer service building, 3,400-square-foot covered vehicle display area, and surface parking (57 customer and employee parking spaces and approximately 302 stacked parking spaces); (4) reconfiguration of the existing site to accommodate additional stacked parking (approximately 338 parking spaces) and a transport truck offloading area; and (5) addition of two new fuel dispensers and conversion of an existing service bay into a carwash. The existing barrier between the properties at 4500 Campus Drive and 4361 Birch Street will be removed to allow vehicle circulation between the two sites without having to utilize the surrounding public roadways. 3. The subject properties are located within the Office Airport (OA) Zoning District and the General Plan Land Use Element category is Airport Office and Supporting Uses (AO). 4. The subject properties are not located within the coastal zone. 5. A public hearing was held on November 6, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. 1960 Page 2 of 13 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 2 (Replacement and Reconstruction) and Class 3 (New Construction or Conversion of Small Structures). 2. The Class 2 exemption consists of replacement or reconstruction of existing structures and facilities 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 proposed project includes the demolition of 69,804 square feet of commercial office space and replacement with 8,400 square feet of commercial office space and a larger parking area for Enterprise Rent-A-Car. Traffic generation associated with the new commercial office space and vehicle rental operation are expected to generate less average daily trips (ADT) than the previous commercial office development. 3. The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The proposed project includes a new 8,400- square-foot commercial office space and modifications to the existing building on 4361 Birch Street to convert a service bay into a carwash and to add a new fueling station. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The purpose and intent of the Airport Office and Supporting Uses (AO) General Plan Land Use Element category is to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. The proposed project is compatible with other uses in the vicinity and will both support and benefit from the airport operations. 2. General Plan Land Use Policy LU 6.15.24 (Primary Uses) indicates that automobile rental facilities should be accommodated within the AO designation subject to discretionary review. 07-22-2014 Planning Commission Resolution No. 1960 Page 3 of 13 3. General Plan Land Use Policy LU 6.15.26 (Automobile Rental and Supporting Uses) states the City should work with automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service, and storage facilities. The proposed project will expand the existing Enterprise Rent-A-Car facility onto the abutting property to the north, effectively consolidating the operation to a more concise project site. Use of several other off-site rental vehicle storage lots within the area will be eliminated. Aesthetic upgrades to the perimeter of the project site will help to lessen the visual blight of vehicle storage and will serve as an overall improvement to the area. 4. General Plan Land Use Policy LU 6.15.27 (Site Planning and Architecture) indicates properties within the Campus Tract should upgrade street frontages with landscape, well-designed signage, and other amenities to improve the area's visual quality. The proposed project includes significant landscaped areas within the front setback to help buffer and blend the project site into the visual character of the neighborhood. 5. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The project site is located within the Office Airport (OA) Zoning District. The OA Zoning District is intended to provide for areas appropriate for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. The proposed project is compatible with other uses in the vicinity and will both support and benefit from airport operations. 2. Vehicle/Equipment Rentals and Sales is a permitted use within the OA Zoning District subject to the approval of a conditional use permit. 3. Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required) requires one parking space per 1,000 square feet of lot area for a Vehicle/Equipment Rentals and Sales use. The project site consists of two adjoining properties totaling 260,910 square feet in area and will be designed such that it accommodates approximately 697 parking spaces on-site. 4. As conditioned, the project will comply with all applicable Zoning Code provisions including, but not limited to Section 20.40.070 (Development Standards for Parking Areas), Chapter 20.36 (Landscaping Standards), and Section 20.30.070 (Outdoor Lighting). 07-22-2014 Planning Commission Resolution No. 1960 Page 4 of 13 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 project site is located 100 feet east of John Wayne Airport and is bound between Campus Drive and Birch Street. The proposed use primarily services travelers of the airport and its proximity helps to make it an ideal location while minimizing traffic impacts to the surrounding area. 2. Properties within the vicinity of the project site are developed with single- and two- story commercial office buildings occupied primarily by business office, professional and administrative office, and personal service uses. Other vehicle rental facilities are also nearby. 3. The improvements occurring to the surface parking area, inclusive of the dedicated vehicle transport truck loading and unloading areas, will improve compatibility with the existing and allowed uses in the vicinity. 4. Conditions of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding commercial uses. 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 project site is comprised of 4361 Birch Street and 4500 Campus Drive and totals approximately six acres in area. The proposed project will involve the demolition of three existing commercial office buildings (69,804 square feet) and the construction of an 8,400-square-foot commercial office building. Improvements will also be made to the site to include a customer and employee parking area with 57 parking spaces in addition to a large vehicle storage area consisting of stacked parking totaling 640 parking spaces and a transport truck offloading area. 2. The 4361 Birch Street property will be renovated, including the removal of the existing surface parking area and reconfiguration to include additional stacked parking and a vehicle transport truck loading and unloading area. 3. The project site is currently developed and there is adequate public and emergency vehicle access, public services, and utilities, which exist on the site to accommodate the proposed project development. 07-22-2014 Planning Commission Resolution No. 1960 Page 5 of 13 4. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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 Vehicle/Equipment Rental facility at 4361 Birch Street has been in operation since the early 1990s pursuant to Use Permit No. 3512, has not proven detrimental to the area, and has demonstrated it is compatible with the neighboring commercial uses. 2. The proposed project will consolidate the area operations onto a single site and will provide dedicated areas for vehicle transport trucks to load and unload on private property, not on the public right-of-way. 3. Operational conditions of approval have been added to help ensure continued compatibility with other commercial uses within the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-025, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP3512 for 4361 Birch Street, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF NOVEMBER, 2014. AYES:BROWN, HILLGREN, KOETTING, KRAMER, LAWLER, AND TUCKER NOES: 07-22-2014 Planning Commission Resolution No. 1960 Page 6 of 13 ABSTAIN: ABSENT: MYERS BY: ✓ I Larry Tucker, Chairman BY: ay ye s, "ary 07-22-2014 Planning Commission Resolution No. 1960 Page 7 of 13 EXHIBIT "A7 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. Conditional Use Permit No. UP2014-025 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. 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 is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. The loading and unloading of all vehicles from any form of truck or hauler shall be conducted on-site and shall not impact the traffic flow on Birch Street and Campus Drive. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall be reviewed by the Planning Division and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. A copy of the Resolution, including conditions of approval (Exhibit "A") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional 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 Conditional Use Permit and shall highlight the 07-22-2014 Planning Commission Resolution No. 1960 Page 8 of 13 approved elements such that they are readily discernible from other elements of the plans. 10. 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. The plan shall meet the applicable requirements of the Water Efficient Landscape Ordinance (Newport Beach Municipal Code Chapter 14.17). 11. All landscape materials and irrigation systems shall be installed in accordance with the approved landscape plan. All landscaped materials shall be maintained in a neat, healthy, growing condition and shall receive regular pruning, fertilizing, and trimming to maintain that appearance. Without limiting the generality of the foregoing, the landscape plan depicts all perimeter fencing being screened by landscaping. That screening is an important aspect of the appearance of the site from outside the site and therefore such screening shall at all times be maintained in such a condition that it performs its intended purpose. 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. 12. The buildings on Birch Street shall be remodeled in a manner such that they are compatible with the design of the proposed buildings on Campus Drive (e.g., paint colors, window treatments, etc.). 13. If at any time the Director of Community Development determines 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. 14. 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 study shall show that lighting values at all property lines will not negatively impact neighbors. 15. 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. 16. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40d BA 50dBA 07-22-2014 Planning Commission Resolution No. 1960 Page 9 of 13 Residential Property located within 45dBA 60dBA 45dBA 50d BA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 17. Should either property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities 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. 19. No outside paging system shall be utilized in conjunction with this establishment. 20. 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. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on-all-abutting-sidewalks within 20 feet of the premises 22. 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). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 25. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly 07-22-2014 Planning Commission Resolution No. 1960 Page 10 of 13 or indirectly) to City's approval of the Enterprise Rent-A-Car Facility including, but not limited to, Conditional Use Permit No, UP2014-025 (PA2014-108). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 26. All emergency vehicle access gates shall have a lock approved by the Newport Beach Fire Department. Where gates are electrically operated, an approved key switch and an approved remote opening device shall be installed and maintained operational at all times or locked in the open position until operational. All gates located on the property shall be accessible by Fire Department personnel. 27. All vehicles within the showroom shall have all batteries disconnected and the fuel in fuel tanks cannot exceed one-quarter tank or five gallons (whichever is least). Vehicle fuel tanks and fill openings shall be closed and sealed to prevent tampering. 28. The building structure shall be constructed with a fire sprinkler system. 29. The building structure shall be equipped with a knox box. 30. Fire Department access shall meet the requirements of Newport Beach Fire Department Guideline C.01. Fire Department access shall have the capacity to support 72,000 pounds. 31. Fire Department connection (FDC) shall be on the address side of the building and a minimum of 30 feet from the beginning of the radius for the driveway approach near the access roadway. FDC shall be no more than 100 feet from a public hydrant. 32. Fire access is required to be located within 150 feet of all portions of the structure. 33. The existing fire hydrant locations shall be reviewed by the Fire Department and an onsite fire hydrant may be required. 34. The fueling station addition shall comply with California Fire Code Sections 2304, 2305, 2306, and 406.7.2. 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- 07-22-2014 Planning Commission Resolution No. 1960 Page 11 of 13 adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 36. All separate detached structures that are to be demolished shall have a separate demolition permit. 37. Accessible parking shall be provided and an accessible path of travel from the public right-of-way shall be provided to the entrance of the building. 38. Any building containing vehicles as a showroom shall be classified as a B occupancy. 39. The applicant shall employ the following best available control measures ("BACMs") 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 top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 40. Prior to the issuance of grading permits, 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 07-22-2014 Planning Commission Resolution No. 1960 Page 12 of 13 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. 41. Prior to the issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building 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. 42. Prior to the issuance of grading permits, the applicant shall prepare and submit a geotechnical report to the Building Division. 43. Prior to the issuance of grading permits, a drainage and hydrology study shall be submitted to the Building Division. 44. A list of "good house-keeping practices" will be incorporated into the long-term post- construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works/Utilities 45. An encroachment permit shall be required for all work within the public right-of-way. 46. All water services not used as part of this development shall be abandoned at the water main. 47. All sewer laterals not used as a part of this development shall be capped at the property line. 48. A sewer cleanout shall be installed on the sewer lateral to be used for this development and shall be constructed per City Standard STD 406-L. 49. The final parking layout shall be reviewed and approved by the City Traffic Engineer. This parking lot layout shall show all striping and shall be fully dimensioned and shall demonstrate a minimum of four (4) vehicle transport trucks can be parked and unloaded on the site at one time. 50. All improvements along Campus Drive and Birch Street shall be located outside of existing five-foot-wide water easements. 07-22-2014 Planning Commission Resolution No. 1960 Page 13 of 13 51. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 52. County Sanitation District fees shall be paid prior to the issuance of any building permits. 53. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 54. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. 07-22-2014