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HomeMy WebLinkAbout1683 - APPROVE MD_3901, 3931, AND 3961 MACARTHUR BLVD_848 AND 888 DOVE STREETRESOLUTION NO. 1683 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MODIFICATION PERMIT NO. 2005- 107 FOR PROPERTY LOCATED AT 3901, 3931, AND 3961 MACARTHUR BOULEVARD, AND 848 AND 888 DOVE STREET (PA2005 -232) WHEREAS, an application was filed by Wilson Automotive Group with respect to property located at 3901, 3931, and 3961 MacArthur Boulevard, and 848 and 888 Dove Street, requesting approval of a sign program and Modification Permit to allow signage proposed for the Newport Lexus automobile dealership. WHEREAS, a public hearing was held on December 8, 2005, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, a Modification Permit for the proposed signage has been prepared and approved in compliance with Chapter 20.93 (Modification Permits) of the Newport Beach Municipal Code for the following reasons: 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. The automobile dealership is consistent with this designation. The signage structures are accessory to the primary use. 2. The modification to the Zoning Code, as proposed, is necessary due to practical difficulties associated with the property and strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code because: • The site is approximately 8 acres in size with over 1000 linear feet of street frontage on Jamboree Road and MacArthur Boulevard and 700 feet of frontage along Dove Street. • The size and configuration of the site, coupled with the strict application of the sign standards of the Newport Place Planned Community Text, could lead to signage which is ineffective in properly identifying the site of its use, as well as for convenient and safe access. 3. The requested modification will be compatible with the existing development in the neighborhood because the site is surrounded by office and retail uses. Additionally, the size, number, and location of the signs are compatible with the surrounding commercial uses. 4. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood because: City of Newport Beach Planning Commission Resolution No. _ Page 2 of 3 • The deviations requested from the Newport Place PC sign standards are in keeping with the general intent of the standards in that the overall sign program does not create an excessive amount of signs. • The signs present no vehicle safety concerns and the signs should not be detrimental to the surrounding commercial neighborhood. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities) and Class 11 (Accessory Structures). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Modification Permit No. 2005 -107, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution 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. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF DECEMBER 2005. AYES: Eaton, Hawkins, Cole, Toerge Tucker. McDaniel and Henn NOES: None BY: /- � Micha oerge, Chairman BY: gt Barry Eat Secretary City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. 2005 -107 1. The development shall be in substantial conformance with the approved site plan, floor plans, and elevations, except as noted in the following conditions. 2. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 3. This approval was based on the particulars of the individual case and does not, in and of itself or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 4. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 5. A building permit shall be obtained for the applicable signage prior to commencement of the construction. 6. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 7. This approval shall expire unless exercised within 24 months from the approval date, as specified in Section 20.93.055 of the Newport Beach Municipal Code. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing.