HomeMy WebLinkAboutPC2023-035 - APPROVING A MAJOR SITE DEVELOPMENT REVIEW, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN AUTOMOBILE DEALERSHIP AND CONSTRUCTION OF A NEW TWO-LEVEL AUTOMOBILE DEALERSHIP WITH AN ATTACHED THREE-LEVEL PARKRESOLUTION NO. PC2023-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A MAJOR SITE DEVELOPMENT REVIEW, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN AUTOMOBILE DEALERSHIP AND CONSTRUCTION OF A NEW TWO-LEVEL AUTOMOBILE
DEALERSHIP WITH AN ATTACHED THREE-LEVEL PARKING STRUCTURE FOR THE PROPERTY LOCATED AT 445 EAST COAST HIGHWAY (PA2020-319) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Beach Cars, LLC (“Applicant”), with respect to property
located at 445 East Coast Highway, and legally described as Parcel 1 of Resubdivision
No. 202 (“Property”), requesting approval of a major site development review, conditional use permit, and coastal development permit. 2. The Applicant requests a conditional use permit to demolish an existing 44,352-square-
foot automobile dealership (Newport Beach Porsche) and construct a new 50,391-square-
foot Newport Beach Porsche dealership within the Newport Auto Center. The new dealership includes a showroom, administrative offices, parts and service center, and attached three-level, 293-space parking structure. Additionally, the Applicant requests a major site development review to increase the allowed height from a base height limit of
26 feet for flat roofs and 31 feet for sloped roofs to a maximum height of 35 feet with flat
roofs or 40 feet for sloped roofs. There is a second 5,105-square-foot automobile dealership, Bentley Newport Beach, which is existing to remain within the Newport Auto Center. The Property is located in the coastal zone, and therefore the redevelopment requires a coastal development permit (“Project”).
3. The Property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Commercial General (CG) Zoning District (“CLUP”). 4. The Property is located within the coastal zone. The Coastal Land Use Plan designation
is General Commercial (CG-A) – (0.0 – 0.30 FAR) and is located within the Commercial
General (CG) Coastal Zoning District. 5. A public hearing was held on September 21, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose
of the hearing was given in accordance with California Government Code Section 54950
et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the 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. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Sections 15332 under Class 32 (Infill Development Projects) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
2. Class 32 exempts projects which are consistent with the applicable General Plan
designation applicable policies, as well as applicable zoning designations and regulations, as well as development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project includes the demolition of an existing automobile dealership and the construction of a new dealership on a 4.12-acre project site. The Project does not require a traffic study and would not
result in any significant effects relating to noise, air quality, or water quality. A preliminary Water Quality Management Plan (“WQMP”) has been submitted and reviewed by the City’s Geotechnical Engineer. The WQMP concludes that the Property is located outside of areas susceptible to erosion and that the Project is not anticipated to affect the watershed’s overall drainage characteristics or patterns. The Property is adequately
served by all required utilities and public services. SECTION 3. REQUIRED FINDINGS. Major Site Development Review
In accordance with Subsection 20.52.080(F) (Site Development Reviews - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth for the requested increase in maximum building height:
Finding: A. The proposed development is allowed within the subject zoning district.
Facts in Support of Finding:
1. The Property is zoned Commercial General (CG), which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. The (CG) zoning district permits General Vehicle and
Equipment Sales land uses through the approval of a conditional use permit.
2. Title 20 (Planning and Zoning) of the NBMC defines General Vehicle and Equipment Sales as a use that includes the sale of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including
display, storage, maintenance, repair, and incidental rental of the vehicles and
equipment. General Vehicle and Equipment Sales may include the sale, installation, and servicing of related equipment and parts. The Project is consistent with this land use definition, as it includes a 16,834-square-foot vehicle showroom, a 24,804-square-foot
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service shop which includes 43 service bays, 5,626 square feet of parts storage, and 2,837 square feet of administrative office space.
3. The Property has a maximum floor area to land ratio (FAR) of 0.30. The Property is 185,637 square feet, and the Project is 55,362 square feet in gross floor area, including the existing Newport Beach Bentley dealership. Therefore, the Project has a FAR of 0.29, which complies with the maximum 0.30 FAR limit.
4. The Commercial General (CG) Zoning District does not require a setback along the front property line abutting East Coast Highway, the side property line abutting the shopping center to the west, and the rear property line abutting Bayside Drive. A five-foot side setback is required along the side property line abutting Promontory Point to the east,
since the Property is zoned for residential use. The Project provides setbacks that
exceed the minimum requirements. The Project setbacks vary, but in the worst case, the Project is approximately 50 feet from the property line along East Coast Highway, approximately 40 feet from the western side property line, approximately 70 feet from the property line along Bayside Drive, and approximately 60 feet from the eastern side
property line abutting Promontory Point.
Finding: B. The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, Title 20 (Planning and Zoning) of the
NBMC, any applicable specific plan, and other applicable criteria and policies related
to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the
site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection) of the NBMC.
Facts in Support of Finding: 1. The Property is categorized as General Commercial (CG) by the General Plan Land Use Element, which is intended to provide a range of neighborhood-serving retail and
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service uses along street frontages that are located and designated to foster pedestrian activities. The Project would demolish an existing automobile dealership and replace it
with a new automobile dealership, which provides a retail and service use to residents
and visitors of the city. 2. Facts in support of Finding A are hereby incorporated by reference.
3. The Property is not located within a Specific Plan.
4. The Project includes the demolition of the existing Newport Beach Porsche dealership, which is approximately 26 feet tall. The proposed new dealership is 33 feet 11 inches high from the established grade to the highest flat element, where Title 20 (Planning and
Zoning) of the NBMC allows for the increase of the maximum height from 26 feet for a
flat roof and 31 feet for a sloping roof to 35 feet for a flat roof and 40 feet for a sloping roof, with the approval of a site development review. 5. The Property is located on East Coast Highway between the Promontory Point
residences to the east and a commercial shopping center to the west. The Promontory
Point residences adjacent to the Property are located above on a steep slope that is approximately 50 feet higher than the finished surface elevation of the existing and proposed dealership. The adjacent commercial shopping center is approximately 29 feet high. Since there are relatively large developments immediately east and west, the
proposed 33-foot 11-inch-high dealership is compatible with the surrounding land uses
and acts as a harmonious transition from the higher Promontory Point residences and the lower shopping center. The residences on Bayside Drive, which are located south of the Property, are able to be constructed to a maximum height of 29 feet. The approximately 70-foot setback from the Project to the property line along Bayside Drive,
as well as the approximately 80-foot width of the Bayside Drive, results in a large buffer
between the Project and the Bayside Drive residences. The existing, approximately 21-foot-high Newport Beach Bentley dealership is to remain. 6. The Property, which includes two automobile dealerships, was originally constructed in
1968. Subsequently, the existing dealerships have had various renovations. The Project
includes a complete demolition of the existing Newport Beach Porsche dealership and the construction of a dealership with a modernized design. The design includes varied vertical roof lines, as well as varied horizontal planes, with a façade constructed with a mixture of steel, various metals, and glazing. The Project utilizes these materials and
modern design throughout the new dealership, including the façade facing East Coast
Highway and along the exterior of the attached parking structure, creating a visually appealing dealership. 7. The Property includes three entries for vehicular access, including two driveways along
East Coast Highway and one entrance along Bayside Drive. All entryways, drive aisles
and parking facilities have been reviewed by City departments for the adequacy, efficiency, and safety of pedestrian and vehicular access. The Applicant is relocating a portion of the existing wall and strategically landscaping the northern corner of the
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property along Bayside Drive to comply with line-of-sight requirements of Section 20.30.130 (Traffic Safety Visibility Area) of the NBMC and improve vehicular safety.
8. Title 20 requires vehicle and equipment rentals and sales use to provide one parking space for each 1,000 square feet of lot area. The Property is 185,637 square feet in area, and therefore requires a minimum of 186 parking spaces. The Project includes a surface parking lot consisting of 178 parking spaces, as well as an attached, three-level
parking structure consisting of 293 parking spaces. The Project dedicates 285 parking
spaces to the inventory parking, which results in 186 available spaces for employees and customers. The Project complies with the parking requirements. 9. The Project includes a 24,804-square-foot enclosed service shop, which is located on
the first floor of the parking structure. The service shop includes a total of 43 service
bays which are in the interior of the building, and an approximately 1,400-square-foot exterior area for vehicle detailing. Although it may vary based on vehicle size, the detailing area is proposed to fit approximately four vehicles. The Project, including the service shop, provides setbacks from all property lines which significantly exceed the
minimum requirements, and is not expected to disturb the surrounding neighborhood.
As conditioned, the hours of operation for the service shop is from 7 a.m. to 6 p.m. on Monday through Friday, and 8 a.m. to 5 p.m. on Saturday. The service shop is not permitted to operate on Sunday. Also as conditioned, automobile parts are not to be stored outside of the dealership building nor in any designated parking areas.
10. The Project includes additional landscaping around the perimeter of the Property. A 6-foot 6-inch landscape buffer is proposed along the property line adjacent to East Coast Highway, with a majority of the landscape area consisting of hedges and drought tolerant succulents. Three new palm trees are proposed near the vehicular entrances along East
Coast Highway to enhance the project entry. Hedges and trees are also proposed along
the existing wall along Bayside Drive to enhance the aesthetics from motorist traveling that street frontage and residents to the south. Additional landscaping is proposed within the Property where there is currently hardscape. All conceptual landscape plans have been reviewed to ensure that water efficient species that are not invasive are proposed.
Prior to the issuance of building permits, the final landscape plans will be reviewed to
verify invasive species are not planted. 11. The Property is located between East Coast Highway and Bayside Drive, which directly abuts Newport Harbor. However, there are no public views of the harbor from the stretch
of East Coast Highway due to the existing tall structures (e.g., Promontory Point
residences, the Property, and the adjacent shopping center) which obstruct any viewing opportunities. Additionally, there is a block wall which separates the existing dealership from a row of residences located on Bayside Drive. The wall and residences on Bayside Drive also disrupt potential public views to the harbor. The increase in height from
approximately 26 feet of the existing dealership to the proposed 34-foot 11-inch-high
dealership does not remove any public views to the harbor, since they do not exist currently.
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Finding: C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development. Facts in Support of Finding:
1. Facts 3 and 4 of Finding A are hereby incorporated by reference. 2. Facts 7 through 9 of Finding B are hereby incorporated by reference. 3. The Project provides a modernized automobile dealership facility that allows for an
upgraded sales and showroom area, expanded administrative offices, additional service bays with parts storage, and a parking structure that will serve employees and provide storage of vehicles. The Project maintains the existing use of an automobile dealership, which has existed at the Property since the City Council originally authorized the use in 1968.
4. All vehicular access areas and drive aisles have been reviewed by Public Works to ensure the proper widths and line-of-sight standards are provided. As conditioned, the loading and unloading of vehicles are not permitted to occur on East Coast Highway or Bayside Drive. The Project’s modified parking lot has been designed to fit larger delivery
trucks so that all loading and unloading occurs within the Property. 5. The Applicant has submitted a lighting plan and photometric study, which has been reviewed by all applicable City departments. The Project includes lighting on East Coast Highway, as well as around the dealership building and parking structure. The third level
of the parking structure, which is open to the sky, contains wall pack lights built into the interior sides of the parapet walls that will not produce glare to surrounding uses. As conditioned, the Project shall comply with all lighting standards of the NBMC to avoid being a detriment to the surrounding neighborhood. Site Development Review for Height Increase The Property is a nonresidential use which is located within the Shoreline Height Limit Area. In this height limit area, the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six feet and the base height limit for structures with sloped roofs is thirty-one
feet. The height of a structure may be increased up to a maximum of thirty-five feet with a flat roof or forty feet with a sloped roof through the approval of a site development review. In accordance with Section 20.30.060(C)(3) (Height Limits and Exceptions - Required Findings) of the NBMC, the Planning Commission may approve a site development review to allow an increase in the height of a structure above the base height only after first making all of the
following findings in addition to the findings required for the discretionary permit application:
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Finding:
D. The Applicant is providing additional project amenities beyond those that are otherwise
required. Examples of project amenities include, but are not limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas; and iii. Enhancement and protection of public views.
Facts in Support of Finding: 1. Fact 4 of Finding A is hereby incorporated by reference.
2. Facts 9 and 10 of Finding B is hereby incorporated by reference.
3. The Project provides setbacks which substantially exceed the minimum requirements of Title 20 (Planning and Zoning). The Project, which includes additional height through the site development review, is concentrated towards the center of the Property, leaving
open space areas for parking and landscaping in the areas adjacent to neighboring
properties. Due to the large setbacks provided, the bulk and scale of the Project will be visually diminished and will not negatively impact the surrounding neighborhood. Finding:
E. The architectural design of the Project provides visual interest through the use of light
and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding:
1. The design includes varied vertical roof lines, as well as varied horizontal planes. The exterior façade, as seen from East Coast Highway, is constructed with a mixture of steel, various metals, and glazing. The main façade includes grey aluminum panels to provide a modern aesthetic, and also serves as a contrasting backdrop for the dealership’s
identification signage. The façade includes a modern vented design at the northwestern
portion of the building, which is intended to provide additional visual interest. The exterior entrance to the showroom includes large panels of glass walls for visibility of show vehicles. The showroom also features a large skylight, which provides natural illumination for the building and additional interest when viewed from East Coast
Highway. The entrance to the service shop is constructed with dark grey corrugated
metal panels, which are also used as the material for siding on other parts of the building as well. Finally, the parking structure is proposed to be constructed of concrete that is painted with a dark grey color. Overall, the Project utilizes a variety of materials and a thematic color-scheme which connects the showroom, service shop, and parking
structure together in one visually appealing development.
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Finding:
F. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing adjacent
developments or public spaces. Where appropriate, the proposed structure(s) provides
a gradual transition to taller or shorter structures on abutting properties.
Facts in Support of Finding: 1. Fact 5 of Finding B is hereby incorporated by reference.
2. Fact 3 of Finding D is hereby incorporated by reference.
3. The Project serves as a gradual transition between the higher elevation residences of Promontory Point to the east and the shopping center to the west. The residences on Bayside Drive, which are located south of the Property, are able to be constructed to a
maximum height of 29 feet. These residences are waterfront properties on the Newport
Harbor, so the increased height of the Project does not affect views of the harbor. The proposed height of 33 feet 11 inches for the Project is within reasonable scale for an automobile dealership use in comparison to the maximum height of the Bayside Drive residences.
Finding: G. The structure will have no more floor area than could have been achieved without the approval of the height increase.
Facts in Support of Finding: 1. Fact 3 of Finding A is hereby incorporated by reference.
2. The height increase allows for additional ceiling height for the dealership. The first floor
includes a 16,834-square-foot showroom and sales center, as well as a 24,804-square foot service center. The second floor includes 1,567-square-feet of parts storage and 2,837 square feet of administrative offices. The height increase does achieve additional gross floor area for the Project, but instead provides appropriate ceiling heights for a
large automobile dealership operation that includes the sales and servicing of vehicles,
administrative offices, and parts storage. 3. The height increase also allows for three levels in the attached parking structure. The parking structure includes 293 parking spaces for customer, employee and inventory
vehicle parking. The additional parking provided removes vehicles from potentially
parking on the street or in off-site locations. Consistent on the definitions provided in Title 20, the parking structure is open and not considered gross floor area.
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Coastal Development Permit
In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and
Decision) of the NBMC, the following findings and facts in support of such findings as set forth: Finding:
H. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. The Project is categorized as General Commercial (CG-A) (0.0 – 0.30 FAR) by the
Coastal Land Use Plan and located in the Commercial General (CG) coastal zoning
district, which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. General Vehicle and Equipment Sales is an allowed land use within the Commercial General (CG) coastal zoning district.
2. Coastal hazards are not expected to affect the Property, as it is approximately 200 feet from Newport Harbor. Additionally, the Property is separated from the harbor by Bayside Drive and waterfront residences. The proposed finished floor of the Project is 15 feet North American Vertical Datum 1988 (NAVD 88), which exceeds the required minimum
of 9 feet NAVD 88. Since there is a large distance from hazard areas and the Project is
built to a relatively high elevation, it is reasonably safe for the economic life of the structure. 3. With the exception of the request for increased height, the Project complies with
applicable development standards of the Commercial General (CG) coastal zoning
district, including, but not limited to, setbacks, FAR, and parking: a. The Commercial General (CG) Zoning District does not require a setback along the front property line abutting East Coast Highway, the side property line abutting the
shopping center to the west, and the rear property line abutting Bayside Drive. A five
(5) foot side setback is required along the side property line abutting Promontory Point to the east since it is zoned for residential use. The Project provides setbacks that exceed the minimum requirements. The Project setbacks vary, but in the worst case, the Project is approximately 50 feet from the property line along East Coast
Highway, approximately 40 feet from the western side property line, approximately
70 feet from the property line along Bayside Drive, and approximately 60 feet from the eastern side property line abutting Promontory Point. b. The maximum FAR for the Property is 0.30. The Project is 50,257 square feet. The
existing Newport Beach Bentley dealership, which is to remain, is 5,105 square feet.
This results in a total floor area of 55,3622 square feet on the Property, which is a FAR of 0.29.
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c. Title 21 requires for Vehicle and Equipment Rentals and Sales uses to provide one parking space for each 1,000 square feet of lot area. The Property is 185,637 square
feet in area, and therefore requires a minimum of 186 parking spaces. The Project
includes a surface parking lot consisting of 178 parking spaces, as well as an attached, three-level parking structure consisting of 293 parking spaces. The Project dedicates 285 parking spaces to the inventory parking, which results in 186 available spaces for employees and customers. The Project complies with the parking
requirements.
4. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code (“CBC”) and City’s Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance
of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC requirements prior to building permit issuance.
5. The Property is located between East Coast Highway and Bayside Drive, both which are streets designated as Coastal View Roads by the CLUP. The Property, as well as the adjacent uses, do not provide public views for motorists or pedestrians travelling on East Coast Highway. Public views of Newport Harbor are visible west of the intersection of East
Coast Highway and Bayside Drive. The Project, which includes the replacement of an
existing automobile dealership with a new, taller automobile dealership, does not disrupt any existing public views to Newport Harbor. Bayside Drive is located south of the Property and therefore unaffected by the Project. There are multiple Public Viewpoints identified by the CLUP which are located nearby the Property. One Public Viewpoint is identified on the
corner of Bayside Drive and Harbor Island Drive, which is approximately 230 feet south
from the Property. Another Public Viewpoint is identified as public bench seating within the Promontory Point residential community, which is approximately 1,600 feet east from the Property. A third Public Viewpoint is identified as the public walkway along Bayside Drive, which directly abuts the Newport Harbor. This Viewpoint is approximately 1,500 feet
southeast from the Property. Finally, Public Viewpoints are identified at Back Bay View Park
and Castaways Park, which are approximately 2,000 feet northwest and 2,500 feet southeast of the Property, respectively. The Project does not interfere with any of the identified Public Viewpoints due to the large distances from them. The Project may be in the distant viewshed of the Public Viewpoints but will not interfere with the public views that
are currently provided.
6. Under Municipal Code Section 21.35.050, due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Management Plan (WQMP) is required. A preliminary WQMP has been
prepared for the project by CDR Engineering, dated, October 30, 2020. The WQMP
includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, the use of a LID approach to retain the design storm runoff volume on-site, and documentation of the expected effectiveness of the proposed BMPs.
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Finding:
I. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. Fact in Support of Finding:
The Property does not currently provide nor inhibit public coastal access. The Property is located in close proximity to lateral access to the Newport Harbor, as designated by the CLUP. The lateral access is a small public walkway on Bayside Drive, located southeast of the intersection between Harbor Island Drive and Bayside Drive and approximately 350 feet
southeast of the Property. The Project consists of the demolition of an existing automobile
dealership and the construction of a new automobile dealership. Access to the harbor remains available through multiple locations on Bayside Drive. Therefore, the Project will not impact public access to local coastal resources.
Local Coastal Program Findings for Height Increase
In accordance with Section 21.30.60 (Height Limits and Exceptions) of the NBMC, the Planning Commission may approve a coastal development permit to allow an increase in the height of a structure above the base height limit only after making all of the following findings:
Finding: J. The Project is sited and designed to protect public views to and along the ocean and scenic coastal areas.
Facts in Support of Finding: 1. Fact 4 in support of Finding A is hereby incorporated by reference.
2. Fact 9 in support of Finding B is hereby incorporated by reference.
3. Fact 5 in support of Finding H is hereby incorporated by reference. Finding:
K. The Project is sited and designed to minimize visual impacts and be visually compatible
with the character of surrounding areas. Facts in Support of Finding:
1. Facts 5, 6 and 9 of Finding B are hereby incorporated by reference. 2. Fact 1 in support of Finding E is hereby incorporated by reference.
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3. Fact 2 in support of Finding F is hereby incorporated by reference.
4. Fact 5 in support of Finding H is hereby incorporated by reference.
Finding: L. Where feasible, the Project will restore and enhance visual quality in visually degraded
areas.
Facts in Support of Finding: The Property is not in a visually degraded area. However, the Project is an improvement to the
existing automobile dealership which was constructed in the late 1960s. Additionally, the
Project will provide improved landscaping throughout the development, including the areas along East Coast Highway and Bayside Drive. The existing block wall located along the property line on Bayside Drive is proposed to be refinished from the existing split-faced block material to be finished with white stucco. Additionally, more trees are proposed to be planted
along Bayside Drive, providing additional screening of the Project from the Bayside Drive
residences and motorist traveling along that street frontage. Conditional Use Permit
In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the
following findings and facts in support of such findings are set forth: Finding:
M. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding: 1. Fact 1 in support of Finding B is hereby incorporated by reference.
2. Fact 3 in support of Finding A is hereby incorporated by reference. 3. The Property is not part of a specific plan area.
Finding:
N. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Fact in Support of Finding:
Facts in support of Finding A are hereby incorporated by reference.
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Finding:
O. 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 located on East Coast Highway between a multi-residential development
to the east and a commercial shopping center to the west. The Project, which is proposed to be 33 feet 11 inches tall, will act as a harmonious transition from the higher residential use and the lower shopping center. The Project includes three entries for vehicular access, which have been reviewed by City departments for adequate and safe pedestrian and
vehicular access. The Project also complies with the parking requirements for an
automobile dealership, providing adequate parking for employees, customers, and inventory vehicles in the large surface parking lot and attached parking structure. The hours of operation for both sales and vehicle service have been conditioned appropriately to minimize impacts to the surrounding neighborhood.
2. Facts 5, 6, 7, and 8 in support of Finding B are hereby incorporated by reference. 3. Fact 3 in support of Finding D is hereby incorporated by reference.
4. Fact 1 of Finding E is hereby incorporated by reference.
5. Fact 3 of Finding F is hereby incorporated by reference. Finding:
P. 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 currently developed with two existing automobile dealerships. The design, size, location, and operating characteristics of the Project, which is to demolish one of the dealerships and construct a new dealership, are compatible with the surrounding
neighborhood. The Property has historically been utilized as an automobile dealership
since 1968. 2. The Project has been reviewed by the City’s Fire, Public Works, and Building Departments. Adequate public and emergency vehicle access, public services, and
utilities are provided to the Property.
3. Fact 7 in support of Finding B is hereby incorporated by reference. 4. Fact 4 in support of Finding C is hereby incorporated by reference.
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Finding:
Q. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. Facts 3 and 4 of Finding A are hereby incorporated by reference.
3. Facts 7 through 9 of Finding B are hereby incorporated by reference. 4. Facts 3, 4, and 5 of Finding C are hereby incorporated 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 15332 under Class 32 (In-Fill Development Projects) 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 a Major Site Development Review, Conditional Use Permit, and Coastal Development Permit, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference.
3. This decision 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) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the
City may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code.
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4. This resolution supersedes Planning Commission Resolution No. 2067, which upon vesting of the rights authorized by this conditional use permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 2023.
AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene
NOES: None RECUSED: Barto
ABSENT: None BY:_________________________
Curtis Ellmore, Chairman
BY:_________________________ Tristan Harris, Secretary
Attachment: Exhibit A – Conditions of Approval
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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, 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 Major Site Development Review, Conditional Use Permit, and Coastal Development Permit.
4. The major site development review, conditional use permit, and coastal development
permit shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted.
5. The hours of operation of the establishment shall be limited to the following:
Day Sales Service
Monday - Friday 7:00 a.m. - 8:00 p.m. 7:00 a.m. - 6:00 pm.
Saturday 9:00 a.m. - 7:00 p.m. 8:00 a.m. - 5:00 p.m.
Sunday 10:00 a.m. - 6:00 p.m. Closed
6. Test driving of vehicles shall be prohibited on all residential streets.
7. Adequate parking shall be marked and provided on site for all customer and employee
needs. All employees shall be required to park on-site. Employee parking spaces shall be accessible for employee vehicles at all times and shall not be used for vehicle storage or
display, customer parking, or any other use. Employees shall not park on Bayside Drive or
any nearby public parking spaces.
8. The location, number, and dimensions of all parking spaces shall be in substantial conformance with the approved site plan dated September 21, 2023. The final design of
all on-site parking, vehicular circulation, and pedestrian circulation shall be subject to the
approval of the City’s Traffic Engineer.
9. No vehicles shall be displayed in landscaped areas on-site.
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10. Vehicle service shall be performed entirely within the designated service areas of the building. No vehicle service or repair shall take place in any designated parking space or
drive aisle.
11. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside.
12. Full-sized vehicles shall not be stored or displayed in parking spaces such that they extend
into traffic aisles.
13. All customers and vehicle service parking areas shall be screened from adjacent
properties by a block wall in substantial conformance with the project plans. The applicant shall provide a solid access gate along Bayside Drive.
14. Prior to final building permit inspection, the existing property line wall shall along Bayside
Drive shall be re-finished in substantial conformance with the project plans, to the
satisfaction of the Community Development Director.
15. Washing of automobiles on-site shall be limited to only those vehicles owned by the subject
dealership or those that are otherwise on-site for servicing. The washing of automobiles
shall be ancillary to the sales and service operation on-site. Vehicles shall be washed only
at the approved wash racks and no portable wash racks shall be utilized on-site.
16. Discharge of waste material or paint products into the storm drain system shall be
prohibited. Used oil, lubricants, and other hazardous or toxic materials shall be properly
stored and collected within the vehicle service buildings. 17. This Major Site Development Review, Conditional Use Permit and Coastal Development
Permit may be modified or revoked by the Planning Commission should they determine
that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance.
18. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Major Site Development Review, Conditional Use Permit, and Coastal Development Permit or the processing of a new Use Permit, Site Development Review, Conditional Use Permit, and Coastal
Development Permit.
19. Demolition beyond the approved scope of work requires planning division approval before the commencement of work. Approval of revisions to project plans is not guaranteed. Any changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards.
20. 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.
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21. 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. 22. 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.
23. 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. 24. Before the issuance of a building permit, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are “1” or less at all property lines.
25. Lighting on the third/roof level of the parking structure shall be substantially conforming
to the project plans. The lighting shall be wal-pak type and shall be constructed with appropriate shielding so that light and glare is not disturbing the neighboring properties.
26. All mechanical equipment and trash areas shall be fully screened from view from East
Coast Highway, Bayside Drive, and the surrounding properties (including from above)
and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code.
27. The use of banners, pennants, balloons, windshield signs, moving signs, or flashing or
animated electrical signs is prohibited.
28. Site lighting shall be designed so light generated on-site does not spill on to adjoining
properties or rights-of-way. On-site lighting shall be designed so that light sources are
not visible from East Coast Highway, Bayside Drive, or from adjacent properties. 29. After hours lighting is limited to security lighting except for the lights located along East Coast Highway, which may stay illuminated until midnight, daily. Should the City receive
complaints regarding after hours lighting, the Planning Director may require additional
shields or hoods on existing fixtures, the lowering of light standards, the reduction in the
amount of lighting used, or any other measure necessary to eliminate light spillage on
to neighboring properties.
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30. Prior to final building inspection, the applicant shall arrange a site inspection with the Code Enforcement and Water Quality Division and/or the Planning Department to ensure that
site lighting does not spill on to adjoining properties and verify compliance with the
conditions of approval.
31. A Special Events Permit is required for any event or promotional activity outside the normal operational 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. 32. Before the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division. 33. 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:
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
34. 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.
35. 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 Saturdays, Sundays, or Holidays.
36. No outside paging system shall be utilized in conjunction with this establishment.
37. 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.
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38. 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.
39. 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.
40. 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).
41. 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.
42. 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.
43. Storage of automobile parts and materials, including tires, shall be prohibited outside of
the dealership building and within designated parking areas.
44. Prior to the issuance of a building permit, the Applicant shall pay a fairshare fee of $75,602.24 for the increase of floor area of an automobile dealership, per the Fair Share
Fee Summary Table effective July 1, 2023.
45. 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 Newport Auto Center including, but not limited to, a major site development review, conditional use permit, and coastal development permit
(PA2020-319). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that
which City incurs in enforcing the indemnification provisions outlined in this condition. The
applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.
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Fire Department
46. New elevators shall be gurney-accommodating by Article 30 of the California Building
Code (2001 edition). 47. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL-certified alarm service company.
48. A Soil Gas Investigation and Mitigation Plan shall be prepared by a licensed California Civil Engineer and Certified Geologist and submitted to the City’s Building Division and Fire Department for review and approval.
49. The phases of demolition and construction shall be made available to the Fire
Department and maintained on the job site prior to implementation of demolition or new construction work. The plan shall establish timelines for the phases throughout all stages of construction.
50. Approved vehicle access for firefighting shall be provided to all construction or
demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all-weather conditions. Vehicle access shall be maintained until permanent fire apparatus access
roads are available per California Fire Code (CFC) Section 3310.1.
51. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site per CFC Section 3312.1.
52. Prior to placing temporary sales and office trailers on site, a plan must be submitted and approved by the Fire Department which includes fire access and water supply (fire hydrant locations) for the trailers.
53. Fire access roads shall extend to within 150 feet or all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility per CFC Section 503.1.1. 54. The fire access roads shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet 6 inches. The width shall be
increased to 26 feet within 30 feet of a hydrant, per CFC Section 503.2.1 and NBFD Guideline C.01. 55. Roads shall be constructed of a material that provides an all-weather driving surface,
capable of supporting 72,000 pounds-imposed loads for fire apparatus, and truck
outrigger loads of 75 pounds per square inch over a two-foot area. Calculations stamped and signed by a Registered Professional Engineer shall certify that the proposed surface meets the criteria of an all-weather driving surface and is capable of withstanding the weight of 72,000 pounds, per CFC Section 503.2.3 NBFD Guideline C.01.
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56. Fire lanes shall be marked as per NBFD Guideline C.02.
57. The installation of security gates across a fire apparatus access road shall be approved
by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operations, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the requirements of ASTM F2200,
per CFC Section 503.6 and NBFD Guideline C.01. 58. All commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be
less than six inches in height with a one-inch stroke. Address numbers shall contrast
with their background and shall be either internally or externally illuminated to be visible at night. All commercial buildings shall have numbers or addresses place above or immediately adjacent to all doors that allow fire department access per the amendment to the CFC 505.1.1.
59. Pits and below grade work areas in repair garages shall be constructed in accordance with the California Building Code, per CFC Section 2311.4.1. 60. Where Class I liquids or LP-gas are stored or used within a building having a basement
or pit wherein flammable vapors could accumulate, the basement or pit shall be provided
with mechanical ventilation in accordance with the California Mechanical Code at a minimum rate of 1 and a half cubic feet per minute per square foot to prevent the accumulation of flammable vapors, per CFC Section 2311.4.3.
61. Fire Sprinklers shall be required and provided for an Ordinary Hazard Group I for the
auto showroom and Ordinary Hazard Group II (.20/1500 minimum) for the Auto Repair area per NFPA 13 5.3.1 and 5.3.2. 62. Fire Department Connection (FDC) shall be located as per NBFD Guideline F.04. As
per Guideline F.04, the FDC shall be on the address side of the building and located a
minimum of 30 feet from beginning of the radius for the driveway approach; arranged so they are located immediately adjacent to the approved fire department access road so that hose lines can be readily and conveniently attached to the inlets without interference from nearby objects including buildings, fence, posts, or other fire department
connections, per NBFD Guideline F.04.
63. As per CFC Table 1206.2.9, lithium batteries storage that exceed 600 kWh shall be stored in a building or room constructed as an H-2 occupancy.
Building Division
64. 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-
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adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements.
65. 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.
66. Before the issuance of a grading permit, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP
shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur. 67. 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
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identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works Department 68. Before the 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 a 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 outlined in the approved plan.
69. Parking for employees, inventory, and customers shall be prohibited on all public rights-
of-way and public parking. 70. Delivery and/or loading/unloading of vehicles shall occur entirely on private property and shall be prohibited from the public right-of-way. Delivery and/or transport vehicles shall
not park and idle within the public right-of-way.
71. All customer and employee parking stalls and drive aisle widths shall comply with City Standard STD-805. Parking garage ramp slopes shall comply with City Standard STD-805.
72. All improvements shall be constructed as required by Ordinance and the Public Works Department.
73. An encroachment permit is required for all work activities within the public right-of-way.
74. All improvements shall comply with the City’s sight distance requirement per City Standard 110-L.
75. All sidewalk, curb, and gutter shall be reconstructed along Bayside Drive and East Coast
Highway frontages.
76. A Caltrans encroachment permit shall be obtained for all work within the East Coast
Highway public right-of-way.
77. The portion of the existing City Storm drain that is impacted by the proposed Project
shall be relocated. A new 15-foot-wide storm drain easement centered on the new storm
drain shall be granted to the City of Newport Beach.
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