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HomeMy WebLinkAbout14 - Fletcher Jones Development Agreement_PA2009-052F agwaoRT = CITY OF NEWPORT REACH oar City Council Staff Report Agenda Item No. 14 May 24, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Fern Nueno APPROVED: l TITLE: Annual Review of the Fletcher Jones Motorcars Development. Agreement (PA2009 -052) ABSTRACT: An annual review of the Development Agreement for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION: 1) Conduct a public hearing; and 2) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 3) Receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars (Attachment B). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Section 15.45.080 of the Municipal Code requires the City Council to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review must be conducted at least once every twelve (12) months from the date on which the agreement is executed. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 -052) May 24, 2011 Page 2 City Council find that the applicant has not complied in good faith with the agreement, the City Council may terminate or modify the agreement. Background: On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and Irvine Company. The purpose of the Development Agreement was to allow for the development of a previously undeveloped site, known as San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership, which was previously operating in another area of the City. In conjunction with the Development Agreement, on September 11, 1995, the City Council approved General Plan Amendment No. 95 -1 (D), Local Coastal Program Amendment No. 39, Amendment 823 (amendment to PC-42 San Diego Creek North), Use Permit 3565, Traffic Study No. 108, and an amendment to Development Agreement No. 6 (CIOSA). At the last annual review on September 8, 2009, the City Council found Fletcher Jones to be in good faith compliance with the Development Agreement. Annual Review: Fletcher Jones Motorcars must comply with the terms and conditions specified in Development Agreement No. 9. During the 1999 review, the City Council found all but two conditions had been met. During the 2009 review, the City Council found that all remaining conditions had been met. One complaint has been received by staff within the last year regarding a canvas awning constructed without the benefit of a permit. The issue has been resolved and no further complaints have been brought to staffs attention. Since the last annual review, Fletcher Jones Motorcars has requested permits for a remodel and addition, lighting upgrades, and signs. The addition and remodel were found to be in substantial conformance with the original approval for the site, and consist of a 5,289- square -foot addition to the existing 156,124- square -foot main sales and service building for the showroom and interior customer lounge area, conversion of storage space to office space, and minor changes to the facility. The lighting upgrades include removing and replacing the existing light standards in conjunction with the remodel to provide enhanced, energy efficient lighting. Prior to approval, staff reviewed a photometric study to check for glare and over lighting. Furthermore, a nighttime lighting inspection was conducted before the permit was finaled and the lighting complied with the standards for glare and light spillover. The signs include two (2) wall signs, one of which replaced an existing sign, and a directional sign. An amendment to the current sign program to increase the size of the wall signs and to install the directional sign on the corner of Bayview Way and Jamboree Road was approved prior N Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 =052) May 24, 2011 Page 3 to permit issuance. All of the construction is in conformance with the Development Agreement. After reviewing the Status Report (Attachment B) and applicable documents, staff determined that Fletcher Jones Motorcars has complied in good faith with terms and conditions of the Development Agreement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the sites and the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Dana Smith Assistant City Manager Attachments: A. Vicinity Map for Fletcher Jones B. Fletcher Jones Status Report 9 11 City Council Attachment A Vicinity Map for Fletcher Jones 5 NO 1 / F 4�.�..� �;� r' - ,6 . .�410L �� /rte ' •� �\ � , ` A._\ � 1 S ' .C"r" c� a Subject Property ?� 0i 7 S 0 i I �I - r 1 1 11 r 2 City Council Attachment B Fletcher Jones Status Report I 10 April 18, 2011 Ms. Fern Nueno Assistant Planner City of Newport Beach 33oo Newport Blvd. Newport Beach, CA 92658 RE: Fletcher Jones Motorcars, Development Agreement # 9 Dear Ms. Nueno: Per the attached status report from 2009, Fletcher Jones Motorcars has completed all the requirements of DA No. 9. Let us know if you have any further questions. Sincerely, N4mitD- Carol McDermott, Principal Government Solutions, Inc. cc: Garth Blumenthal, Fletcher Jones Larry Lewis, Fletcher Jones Vicki Fetterman, GSI 1 San Joaquin Plaza, Suite 230 • Newport Beach, CA 92660 • 949 - 717 -7943 main • 949.717 -7942 tax • w w gmsol.com ^ 1 FLETCHER JONES MOTORCARS DEVELOPMENT AGREEMENT NO. 9 2009 Project Status Report Development Agreement between The City of Newport Beach, The Irvine Company and Fletcher Jones Motorcars DEVELOPMENT AGREEMENT NO.9 I. Introduction This report demonstrates that Fletcher Jones Motorcars is in complete compliance of all the conditions of Development Agreement No. 9 II. Purpose The purpose of the Development Agreement is to allow for the development of a previously undeveloped site known as the "Sari Diego Creek North" with Fletcher Jones Mercedes -Benz automobile Dealership that was successfully operation in another area of the City. The City, in wishing to retain the Fletcher Jones Dealership that is the single largest sales tax generator in the City of Newport Beach, agreed to certain terms and conditions to secure interest in acid entitlements of the development site. Pursuant to Section 7.04 of the Development Agreement and Chapter 15.45 of the Municipal Code, the City shall conduct an annual review of the Development Agreement No. 9, to review the parties of good faith and substantial compliance with the agreement in addition to those terms and conditions required of the City of Newport Beach. The 2009 Project Status Report is for the period of June 28,1999 -May 1, 2009. For this Review Period, the conditions and mitigation measures that are required are listed below with an explanation as to how the requirements were or are being met. All numbering is consistent with number sections of the Development Agreement. Current Status: The automotive dealership has been opened since September, 1997 and continues to operate as a Mercedes -Benz Dealership to date. DEVELOPMENT AGREEMENT NO.9 Items number 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, & 14 are reported as completed in the Project Status Report prepared for the Third Annual Review of the Development Agreement No. 9 (1999). 12 3. The City is to construct the Bayview Drive Extension 600 feet east of Jamboree Road for the cost of $453,815.13. Pletcher Jones Motorcars previously made a partial contribution of $139,875.45 for the construction cost. Fletcher Jones Motorcars agreed to pay the remaining cost of $251,151.71 through five (5) amoral payments. Proof of Payment enclosed: Letter to Rosalind Ung documenting the last invoice paid January 2004 completing the payment agreement of Item #3. Date of Payments 08/01/97 03/30/98 09/01/99 07/18/00 01/27/04 Payment Amount $62,787.97 $62,787.97 $62,787.97 $62,787.00 $62,787.00 15. Landscape Plans Refer to Landscape Plan and photos for the to demonstrate the planting of native trees on the perimeter of Bayview Way as requested in the previous Project Status Report. 13 coay rcm- wucn Use Avery® Template 51600 119 261 15 STATE OF CALIFORNIA 650 HOWE AVE SACRAMENTO, CA 95825 442 282 01 HMH PROPERTIES INC PO BOX 579 LOUISVILLE, TN 37777 44 06 OCCUPA 501 BAYVIEW C NEWPORT BEACH, CA HOA - N/A iettes faciles A peter sez le gabarit AVERY® 51600 I I Bend along line to Feed Paper expose Pop -Up EdgeT" d lam, AVER W 5960" - V d 442 071 20 442 281 04 JONES MOTOR CARS FLETCHER COUNTY OF ORANGE INC PO BOX 4106 3300 JAMBOREE RD SANTA ANA, CA 92702 NEWPORT BEACH, CA 92660 442 282 02 442 282 06 OCC T SK HART BAYVIEW LLC 500 BAYVIE 46 W BROADWAY NEWPORT BEACH, 92660 SALT LAKE CITY, UT 84101 442 282 07 282 09 OCC T OC NT 30113 IE 3501 JA BE H7 CA RD NEWPORTBEACH, 2660 NEWPORT CA 92660 PA2009 -052 Created 05 -12 -2011 Fletcher Jones Development Agreement Repliez A.la hachure afin de I www.averycom Sens de reveler le rebord Po U TM I 1- 800 -GO -AVERY chargement Pop-Up I NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. The purpose of the Development Agreement was to allow for the development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2 "d Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227 or fnueno @newportbeachca.gov. I ]MI6 ham/ Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. The purpose of the Development Agreement was to allow for the development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2ntl Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949- 644 -3227 or fnueno @newportbeachca.gov. _ i✓� .ri- vim. f Leilani I. Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. The purpose of the Development Agreement was to allow for the development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2 n Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949- 644 -3227 or fnueno@newportbeachea.gov. A�Leilanl I. Brown, City Clerk City of Newport Beach RECEIyED City Clerk's Office 1t111 MAY 19 AM a- 4U AFFIDAVIT OF POSTING OFFICE OF CITY OF T gEG On ti, AG\ l- 2011, I posted the Notice of Public Hearing regarding: J Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) Date of City Council Public Hearing: May 24, 2011 RECEIVED NOTICE I PtHEREBAdIV NOTICE tf HEREBY day, EN that 01 Tuesday, PROOF OF p-.,,a 2011, 7A0 pun., a Dublic hearing PUBLICATI�r 27 38 will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City QI C f iC[ OF Council of the City of CLERK Newport Beach will con - _ TKE CITY 1 BMH cider the following eppli- cation: STATE OF CALIFOF�NCA) ,r�JRT Amount Revlew of De- Alinement ) SS. ter Fletrher Jones fa Fi t (PA2009 -054) - An an- COUNTY OF ORANGE) nual review of Develop - man Agreement No. 9 for Fletcher )ones Motor- cars, pursuant to Section 15.45.060 of the Munici- pal Cade and Section, 65865.1 of the California On and a resident of the County of Los September I1, 1995, the City Council approved Development Agreement Angeles; I am over the age of 9 between the City of of Newport Beath, eighteen years, and not a party to or Fletcher ,ones Motor. Inc., The Irvine interested in the action for which the cars, and Compa purpose of D eve the Development attached notice was published. I am Agreement was to allow for the development of a a principal clerk of the "Newport sitepreviously o undeveloped site, known the San Harbor News Press combined with N Diego Creek North, er- the Fletcher Jones Mer- Benz cedes Benx automohile Daily Pilot', which was adjudged a dealership. newspaper of general circulation for arFletcher ed Roadat 3300 Jamboree the City of Newport Beach, County of The project is exempt from the California Envi- Orange, and State of California. ronmental Quality Act ('CEQA ") pursuant to Attached to this Affidavit is a true and foceme 15cti (Ent forcemeat. Actions b correct co that was printed and PY P Regulatory Agencies) of the CEQA Guidelines, California Code of Reg - published on the following date(s): ulations, Title 14, Chap- ter 3, because it has no potential to have a sig- nificant effect on the environment. All interested parties May 14, 2011 may appear and present testimony in regard d to to this application. If you challenge project in court, you may be limited raising only those issues you or someone else raised at the public hearing (de- certify (or declare) under penalty of scribed in this notice) or in written corre- that the foregoing is true and spondence the City, delivered to the City, at, or prior to, the public hearing. The correct. agenda, staff report, and viewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Executed on (May 24, 2011) Newport Beach, Califoty City 92883 or at the of Newport Beach web- at Los Angeles, California site at www- newportbeachca.gov on the Thursday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Assistant Plan - / C nor, at 949- 644 -3227 or fnueno@ /// newport rows, City LeCity Brown, City Clerk Signature City of Newport Beach Beach/ Costa Newport Beach /Costa Mesa Daily Pilot May 14, 2011