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HomeMy WebLinkAbout17 - Fletcher Jones Vehicle Storage FacilityCITY OF NEWPORT BE CH c� C'9C,F00.NP City Council Staff Report Agenda Item No. 17 October 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644- 3226,kbrandt @newportbeachca.gov PREPARED BY: Maakana Nova, Assistant Planner APPROVED: TITLE: Fletcher Jones Vehicle Storage Facility (PA2011 -076) ABSTRACT: A planned development amendment to the Newport Place Planned Community to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site does not comply with the landscape development standards, which require one tree to be planted for every five parking spaces within all parking areas and one tree for every 25 linear feet along interior property lines. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration. RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce Ordinance No. 2011 -24 (Attachment No. CC 1) approving Planned Development Amendment No. PD2011 -002, and pass to second reading on October 25, 2011; and 3) Adopt Resolution No. 2011 -96 (Attachment No. CC 2) approving Conditional Use Permit No. UP2011 -024 and Modification Permit No. MD2011 -012, subject to the findings and conditions of approval in the draft resolution. GENERAL PLAN ON -SITE NORTH SOUTH EAST WEST MU -1­12 (Mixed -Use Horizontal) MU -1­12 (Mixed -Use Horizontal) CO -G (General Commercial Office) CG (General Commercial) CO -G (General Commercial Office) Fletcher Jones Vehicle Storage Facility (PA2011 -076) October 11, 2011 Page 2 VICINITY MAP •mot'. Subject Property 1301 Quail Street ZONING ,o ZONING PC -11 (Newport Place Planned Community, Hotel Site 2 -B) PC -11 (Newport Place Planned Community, Prof. & Bus. Office Sites 1 & 2) SP -7 (Santa Ana Heights Specific Plan) PC -11 (Newport Place Planned Community, Industrial Site 1A and General Commercial Site 3 PC -11 (Newport Place Planned Community, Industrial Site 3A and General Commercial Site 4' Vehicle storage Offices Highway 73 and Offices Offices and Retail Offices 2 Fletcher Jones Vehicle Storage Facility (PA2011 -076) October 11, 2011 Page 3 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The subject property is bounded by North Bristol Street to the south, Spruce Street to the west, and Quail Street to the north. Office uses are located to the north, south, and west along Bristol Street, Spruce Street, and Quail Street and a retail shopping center is located to the east of the subject property along North Bristol Street. The property is L- shaped and 161,172 square feet (approximately 3.7 acres) in area. Since 2004, the site has been used for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars and is developed with a surface parking area for up to 519 vehicles and a 200 - square -foot guardhouse for security purposes. Two parking spaces are available onsite for security personnel and employees. Vehicle inventory is stored onsite, then moved for sale at the primary dealership, located at 3300 Jamboree Road. Customers are not permitted onsite and vehicle repair does not occur at this location. The daily hours of operation are limited to the hours of 5:00 a.m. through 10:00 p.m. daily. The applicant requests a planned development amendment to the Newport Place Planned Community to continue use of the site as a vehicle storage facility as a conditionally permitted use. In conjunction with this approval, a conditional use permit is requested to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community). The proposed changes to the planned community can be found on pages 34 and 53 of the redlined draft PC -11 (Newport Place Planned Community) text (Exhibit "A" to Attachment No. CC 1). The modification permit is requested to allow minor deviations from the landscape development standards. The PC -11 Zoning District requires trees in the surface parking area for every five parking stalls. These trees are not provided or proposed within the existing vehicle storage area. The vehicle storage area is screened from the adjacent right -of -way by landscaping and a chain link fence with solid covering. In addition, one tree per 25 feet of lineal feet is required along all interior property lines. Under the landscape development standards, a total of 23 trees are required along the east interior property line. The landscaping area provided on the subject property is not wide enough to accommodate any of the required trees. However, trees and additional landscaping are provided on the adjacent property. Planning Commission Action The Planning Commission held a public hearing on August 18, 2011. No members of the public other than the project applicant commented on the proposed project. 3 Fletcher Jones Vehicle Storage Facility (PA2011 -076) October 11, 2011 Page 4 The Planning Commission found the use consistent with the General Plan and that the findings for approval of the Conditional Use Permit and Modification Permit could be made. The motion to approve the project as recommended by staff was approved (7 ayes and 0 noes). The staff report, resolution, and draft minutes from the Planning Commission meeting have been attached for reference as Attachment Nos. CC 4, 5, and 6. Alternatives Should the City Council choose not to approve the planned development amendment, conditional use permit, and modification permit applications, Council should adopt the draft resolution for denial, provided as Attachment No. CC 3, and provide facts for denial. City Council may also revise any conditions of approval in conjunction with approving the project. ENVIRONMENTAL REVIEW: The Planning Commission recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) 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. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. 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 property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Kimberly Brandt, Ar4C)P Community Develo`i5ment Director 4 Fletcher Jones Vehicle Storage Facility (PA2011 -076) October 11, 2011 Page 5 Attachments: CC 1 Draft City Council Ordinance CC 2 Draft City Council Resolution for Approval with Findings and Conditions CC 3 Draft City Council Resolution for Denial CC 4 Planning Commission Staff Report CC 5 Planning Commission Resolution CC 6 Planning Commission Minutes CC 7 Site Photos CC 8 Project Plans J 0 City Council Attachment N®. CC I Draft City Council Ordinance 7 ON ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED DEVELOPMENT AMENDMENT NO. PD2011 -002 FOR PROPERTY LOCATED AT 1301 QUAIL STREET (PA2011 -076). WHEREAS, an application was filed by Fletcher Jones Motorcars, with respect to property located at 1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting approval of a planned development amendment, use permit, and modification permit; and WHEREAS, the project includes a planned development amendment to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration; and WHEREAS, a public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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; and WHEREAS, at the August 18, 2011, public hearing, the Planning Commission received public comments and on an affirmative motion (7 ayes, 0 noes) forwarded a recommendation to the City Council to approve the proposed Code Amendment; and WHEREAS, a public hearing was held on September 27, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The item was continued to the October 11, 2011 City Council Meeting; and WHEREAS, a public hearing was held on October 11, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 City Council at this meeting; and WHEREAS, the subject property is located within the Hotel Site 2 -B Sub -Area of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal); and WHEREAS, the subject property is not located within the coastal zone; and 9 WHEREAS, amendments to the Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the 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 or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. 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, or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The PC -11 (Newport Place Planned Community) text shall be amended as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor W&I alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the entitlement of an existing vehicle storage facility. No physical change or expansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 11, 2011, and adopted on October 25, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS k ATTEST: CITY CLERK APPROVED AS TO FORM: A" C, f , , CITY ATTORNEY Exhibit "A" NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT 0 o lil ■II Bill 12 PLANNED C®IVI1VIUNITY DEVELOPMENT STANDARDS NEWPORT PLACE Enilcay Development Company, Inc. Newport Beach, California is CONTENTS General Notes I Definitions 2 Statistical Analysis 4-16 PART I - MUSTRIAL Section I Minimum Site Area 17 Section It Permitted Uses 17 Group I. Light Industrial 17 A 17 B 18 C 18 Group II. Medium WLIS(rial and Industrial Service and Support Facilities 19 A 19 B 20 C 21 D 22 Section Ill General Development Standards for bidustry 23 A. Building Height 23 B. Setbacks 24 C. Site Coverage 24 D. Sign Area 25 E. Sign Standards 26 F. Parking 27 G. Landscaping 28 H. Loading Areas 29 I. Storage Areas 29 J. Refuse Collection Areas 29 K. Telephone and Electrical Services 30 L. Sidewalks 30 M. Nuisances 30 ii 14 PART It - COMMERCIAL Section I Minimum Site Area 31 Section U Permitted Uses 31 Group I. Professional and Business Offices B. A. Professional Offices 31 B. Business Offices 32 C. Support Commercial 32 Group 1:1. Commercial Uses 38 A. Automobile Center 33 B. Hotels and Motels 33 C. City, County, and State Facilities 33 D. Service Stations, Car Wash 33 E. Retail Commercial Uses 33 F. General Commercial 34 Section 111 General Development Standards for Telephone & Electrical Services Commerce 36 A. Setbacks 36 B. Signs 37 C. Sign Standards 38 D. Parking 38 E. Landscaping 40 F. Loading Areas 42 G. Storage Areas 42 H. Refirse Collection Areas 42 1. Telephone & Electrical Services 42 J. Pedestrian Access 43 FOOTNOTES 44-50 ATTACI+ED EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Land Use [1,5,8] Grading & Roads [1: Storm Drain [1] Sewer & Water [ 1 ] Topography [1] Traffic Analysis [1] iii -5 Planned Community Development Standards for Newport Place Ordinance No. 1369 adopted by the City of Newport Beach December 21, 1970 Amendment No. l Approved on December 13, 1971 by Resolution No. 7572 (A -305) Amendment No. 2 Approved on JUne 12, 1972 by Resolution No. 7706 (A -325) Amendment No. 3 Approved on October 24, 1972 by Resolution No. 7846 (A -341) Amendment No. 4 Approved on January 8, 1983 by Resolution No. 7901 (A -349) Amendment No. 5 Approved on July 23, 1973 by Resolution No. 8054 (A -369) Amendment No. 6 Approved on June 10, 1974 by Resolution No. 8262 (A -429) Amendment No. 7 Approved on September 8, 1975 by Resolution No. 8588 (A -450) ,Aiucndment No. 8 Approved on Febniary 9, 1976 by Resolution No. 8693 (A -462) Amendment No. 9 Approved on April 11, 1977 by Resolution No. 9050 (A -488) Amendment No. 10 Approved on May 23, 1977 by Resolution No. 9091 (A -490) Amendment No. 11 Approved on April 10, 1978 by Resolution No. 1003 (A -504) Amendment No. 12 Approved on July 11, 1978 by Resolution No. 9393 (A -510) Amendment No. 13 Approved on November 27, 1978 by Resolution No. 9472 (A -514) Amendment No. 14 Approved on June 11, 1979 by Resolution No. 9563 (A -530) Amendment No. 15 Approved on March 23, 1982 by Resolution No. 10003 (A -560) Amendment No. 16 Approved on March 26, 1984 by Resolution No. 84 -22 (A -604) Amendment No. 17 Approved on April 23, 1984 by Resolution No. 84 -30 (A -597) Amendment No. 18 Approved on June 25, 1984 by Resolution No. 84 -58 (A -607) Amendment No. 19 Approved on July 23, 1984 by Resolution No. 84 -79 (A -608) Amendment No. 20 Approved on January 12, 1987 by Resolution No. 87 -1 (A -637) Amendment No. 21 Approved on March 9, 1987 by Resolution No. 87 -30 (A -638) Amendment No. 22 Approved on March 14, 1988 by Resolution No. 88-17 (A -658) Amendment No. 23 Approved on August 14, 1989 by Resolution No. 89 -94 (A -684) iv 10 Amendment No. 24 Approved on July 22, 1991 by Resolution No. 91 -83 (A -740) Amendment No. 25 Approved on March 9, 1992 by Resolution No. 92 -20 (A -749) Amendment No. 26 Approved on June 8, 1992 by Resolution No. 92 -58 (A -745) Amendment No. 27 Approved on September 13, 1993 by Resolution No. 93 -69 (A -783) Amendment No. 28 Approved on January 22, 1996 by Resolution No. 96 -10 (A -833) Amendment No. 28.1 Approved on September 9, 1996 by Resolution No. 96 -78 (A849) Amendment No. 28.2 Approved on March 24, 1997 by Resolution 97 -25 (A858) Amendment No. 28.3 Approved on July 28, 1997 by Ordinance No. 97 -29 (A861) Amendment No. 29 Approved on June 18, 1998 by Ordinance No. 98 -16 (A 875) Amendment No. 30 Approved on January 11, 1999 by Ordinance No. 98 -28 (A -877) Amendment No. 31 Approved on February 8, 1999 by Ordinance No. 99 -4 (A -880) Amendment No. 32 Approved on April 12, 1999 by Ordinance No. 99 -11 (A -883) Amendment No. 33 Approved on March 26, 2002 by Ordinance No. 2002 -6 (PD2001 -002) Amendment No. 34 Approved on June 14, 2005 by Ordinance No. 2005 -8 (PD2004 -003) Amendment No. 35 Approved on September 14, 2010 by Ordinance No.2010 -16 (PD2010 -002) Amendment No. 36 Approved on October 11, 2011 by Ordinance No. 2011- (PD2011 -002) V 1-7 GENERAL NOTES The Newport Project, a planned community development is a project of Emkay Development Company, Inc., a subsidiary of Morrison- Knudsen Company, Tile. The area is most appropriate for commercial and light industrial use because of its central location, ideal topography, availability to four freeways, accessibility to two railroads and its relation to the Orange County Airport. Attached drawings indicate land use, grading and roads, storm drains, water and sewer, topography and traffic analysis. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewerage Disposal facilities within the Planned Community area are by the City of Newport Beach. 4. Prior to or coincidental with the filing of any tentative map or use permit, the developer Shall submit a master plan of drainage to the Director of Public Works. 5. The height of all buildings and structures shall comply with FAA criteria. 6. Except as otherwise stated in this ordinance, the requirements of the Zoning Code, City of Newport Beach, shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of the Building Code and the various mechanical and electrical codes related thereto. 7. Phasing ofDevelopment. 1,799,941 sq. ft. of development was existing or under construction as of October I, 1978. The additional allowable development in the total approved development plan is 566,423 square feet. Any further development subsequent to October 1, 1978, in excess of 30% of the additional allowable development, being 169,927 sq. ft. shall be approved only after it can be demonstrated that adequate traffic facilities will be available to handle that traffic generated by the project at the time of occupancy of the buildings involved. Such demonstration may be made by the presentation of a phasing plan consistent with the Circulation Element of the Newport Beach General Plan. (Phasing Plan approved by City Council March 12, 1979 for all development subject to this regulation.)[ 13] 1 -g DEFINITIONS Advertising Surface: The total area of (lie face of the structure, excluding supports. Area of Elevation: Total height and length of a building as projected to a vertical plane. Building Line: An imaginary li ie parallel to the street right-of-way line specifying the closest point from this street right-of-way line that a building structure may be located (except for overhangs, stairs and sunscreens). Public Safety Area: A strip of land twenty (20) feet in width and running parallel with sheet rights -of -way. Right -of -Way Line: When reference is made to right -of -way line it shall mean the line which is then established on either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as the ultimate right-of-way line for roads or streets. Side and Front of Corner Lols: For the purpose of tlus ordinance, the narrowest frontage of a lot facing the street is the front, and the longest fi-ontage facing the intersecting street is the side, irrespective of the direction in which structures face. aim Any structure, device or contrivance, electric or non- electric and all parts thereof which are erected or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. 19 Site Area: The total land area of the land described in the use or other permit. Special Landscaped Street: Special landscaped streets are designated as MacArthur Boulevard, Jamboree Road, Bristol Street North and Birch Street. The landscaping requirements for special landscaped streets and for the remaining streets are described in the following text. Streets - Dedicated and Private: Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular rights -of -way. hi (lie case of private or non- dedicated streets, a miuinuun setback fi-om the right -of -way line of said streets of ten (10) feet shall be required for all stnictures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards firom dedicated streets herein. 3 20 STATISTICAL ANALYSIS PART 1. INDUSTRIAL* A. Building Sites Site IA 2.0 acres [3, 9] Site 3A 21.3 acres [2.4] ...............23.3 acres [9,35] B. Building Area Site 1 34,130 sq. ft .................0.8 ac. [3, 9] **Site 3A 297,798 sq. ft ...............6.8 ac. [2, 4, 14, 33] 331,928 sq. ft ............ 7.6 ac. [9, 14, 31, 33, 35] The following statistics are for information only. Development may include but shall not be limited to the following. C. Parking (Criteria: 3 spaces /t000 sq. R. m 363 sq. A /space) Site IA 102 cars.......... 0.9 acres [3, 91 Site 3A 894 cars......... 7.5 ac. [2, 4, 14, 33] 996 cars......... 8.4 ac. [9, 14, 31, 33, 35] D. Landscaped - Open Space Site IA ..................0.30 acres [3, 9] Site 3A ..................6.5 acres [2,4,14,33] 6.8 acres [9,14,31, 33, 35] Net Open -3.8 acres .............. Space.....3.0 ac. *[14, 31, 33, 35] * 3.8 acres have been allotted for service stations exclusive of permitted building acres and subject to use permit. ** Industrial Site 3A has been reduced by 20,000 sq. ft. with the reduction allocated to the allowable building area for Parcel No. 3 of Resubdivision 529. The allowable building area for Parcel No. 3 of Resubdivision 529 is now 61,162 sq. fl. [14]. Industrial Site 3A was then increased by 1,590 square feet in 2002 [33]. 0 21 STATISTICAL ANALYSES PART 11. COMMERCIAL /PROFESSIONAL & BUSINESS OFFICES A. Building Sites Site 1 &2 ........ 38.5 acres Site 2A............3.9 acres [3 1] Site 4 ..................9.0 acres Site 5 ..................7.4 acres Site 6 ..................1.9 acres Site 7 ..................2.5 acres Site 8 ..................1.64 acres Site 9 .............16.9 acres [35] 81.74 acres [20, 35] B. BuildingAi•e1 Site 1 &2 ......... 860,884 square feet [5, 14, 17, 30] Site 2A ............ 109,200 square feet [31] Site 4 .................228,214 square feet [32] Site 5 .................268,743 square feet [ 16, 19, 21, 24, 25] Site 6 ............... ..... 42,420 square feet Site 7 .................. 55,860 square feet Site 8 ..................54,000 square feet [20] Site 9............ 285,264 square feet [35] 1,907,555 square feet [21, 30, 31, 32, 33, 35] The following statistics are for information only. Development may include, but shall not be limited to the following. 'Conuuercial/Professional and Business Office Site 1 and 2 have been reduced by 36,119 feet with the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The allowable building area for Parcel I & 2 of Resubdivision 585 is now 272,711 square feet. [ 14] 21f commercial uses are constiucled on Commercial /Professional and BUS1neSS Office Site 5 which are ancillary to and in the same building as office uses, additional development up to a maximum of 294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. ft. [21, 24, 25] 5 22 C. Typical Building Mix /Site Utilization Typical site areas for buildings of varying heights are provided for purposes of illustration. Development of any of the Sites indicated may include any number of combinations of building types, characterized by number of stories, within the range of building types indicated for that site. Site 1 &2 ................560,884 square feet [5, 14, 17,30] a. Two Storyry ................ 8.42 acres b. Three Story............ 5.61 acres C. Four Story ............... 4.21 acres d. Five Story .............. 3.37 acres C. Six Story ................. 2.81 acres Site 2A ............ 109,200 square feet [3 11 a. Two Story ......................1.25 acres b. Three Story ...................0.84 acres c. Four Story .................... 0.63 acres d. Five Story .................... 0.51 acres Site 4 .............:.... 228,214 square feet [32] a. Two Story . ...........................2.31 acres b. Three Story ......................... 1.54 acres c. Four Story ........................... 1.15 acres d. Five Story . ...........................0.92 acres e. Six Story ... ...........................0.77 acres Site 5 ..................268,743 square feet [16, 19, 21, 25] a. Two Story.. b. Three Story c. Four Story.. d. Five Story.. C. Six Story.... f Nine Story.. 1.90 acres 1.27 acres 0.95 acres 0 76 acres 0.63 acres 0.50 acres Site 6 .............. 42,420 square feet a. Two Story ..........................0.49 acres 11 23 b. Three Story ....................... 0.32 acres c. Four Story ......................... 0.24 acres d. Five Story ..........................0.19 acres e. Six Story .......................... 0.16 acres Site 7 .....................55,860 square feel a. Two Story ........................... 0.64 acres b. Three Story ...................... 0.43 acres c. Four Story . ...........................0.32 acres d. Five Story ...........................0.26 acres e. Six Story ... ...........................0.21 acres Site 8 ..................54,000 square feet [20] a. Four Story . ...........................0.30 acres Site 9 .............288,264 square feet [35] a. Two Story ......................3.31 acres b. Three Story ....................2.21 acres c. Four Story ..................... 1.65 acres d. Five Story ......................1.32 acres c. Six Story ........................1.10 acres D. Parking (Criteria: I space /225 sq. ft. Oc,, 363 sq. ft /space) Site I & 2..... 3,827 cars......... 31.89 acres [5, 14, 30] Site 2A ......... 474 cars* ....... 1.26 acres' [3l] Site 4 .............. 905 cars.......... 7.54 acres [32] Site 5 ............ 1,234 cars......... 6.13 acres [2 1] Site 6 .............. 188 cars........ 1.57 acres Site 7 .............. 248 cars.......... 2.07 acres Site 8 .............. 231 cars.......... 1.34 acres [20] Site 9 ........... 1,281 cars......... 10.68 acres [35] 8,388 cars 62.48 acres [21,31, 32, 33, 35] L. Landscaped - Open Space Site I & 2 (5,14] Gross Site........ 38.5 acres 3 lneludCS surface parking and first floor of existing parking structure only, does not include upper levels of parking structure. [3l]. 7 24 Parking ........... 27.17 acres Net .................1 1.33 acres Two Story......... 8.42 acres....... 2.91 acres Three Story....... 5.61 acres....... 5.72 acres Four Story......... 4.21 acres....... 7.12 acres Five Story......... 3.37 acres........ 7.96 acres Six Story ........... 2.81 acres........ 8.52 acres Site 2A [311 Gross Site ....... 3.9 acres Parking .......... 1.26 acres Net ............... 2.68 acres Two Story ....... 1.25 acres ... 1.43 acres. Three Story ...... .84 acres ... 1.84 acres Four Story ........ .63 acres ... 2.05 acres Five Story ......... .51 acres ... 2.17 acres Site-4 [32] Gross Site....... 9.00 acres Parking......... .7.54 acres Net ...................1.46 acres Two Story .......... 2.31 acres...... N/A Tlu-ee Story ........ 1.54 acres....... 0.01 acres Four Story .......... 1.15 acres...... 0.40 acres Five Story............ 0.92 acres...... 0.63 acres Six Story ............. 0.77 acres...... 0.78 acres Site 5 Gross Site........ 7.4 acres Parking ............ 6.13 acres Net ..................1.27 acres Two Story .......... 1.90 acres...... N/A Tluee Story........ 1.27 acres ...... .00 acres Four Story .......... 0 .95 acres...... 0.32 acres Five Story......... 0.76 acres...... 0.51 acres Six Story.......... 0 .63 acres...... 0.64 acres Nine Story......... 0.50 acres ...... 0 .77 acres [2 1] Site 6 Gross Site......... 1.90 acres Parking .............1.57 acres Net ...................0.33 acres Two Story .......... .49 acres...... N/A Three Story ... ..... .32 acres...... 0.01 acres IJ 215 Four Story ............ 24 acres...... 0.09 acres Five Story .......... . 19 acres...... 0.14 acres Six Story .............16 acres....... 0.17 acres Site 7 Gross Site......... 2.50 acres Parking .............2.07 acres Net .................... 0.43 acres Two Story........... 0.64 acres...... N/A Tlu-ee Story......... 0.43 acres...... 00 acres Four Story ........... 0.32 acres...... 0.I 1 acres Five Story ............ 0.26 acres....... 0.17 acres Six Story ............. 0.21 acres...... 0.22 acres Site 8 Gross Site......... 1.64 acres Parking .............1.34 acres Net .....................30 acres Four Story ......................30 acres...... N/A [20] Site-2 [35] Gross Site...... 16.90 acres Parking ......... 10.68 acres Net .............. 6.22 acres Two Story ......... 3.31 acres...... 2.91 acres Three Story........ 2.21 acres....... 4.01 acres Four Story ......... 1.65 acres....... 4.57 acres Five Story ......... 1.32 acres....... 4.90 acres Six Story ........... 1.10 acres....... 5.12 acres F. Building Height [5, 12, 15, 21, 31] Maximum building height shall not exceed six (6) stories above ground level except for Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of ten (10) stories above ground level, for Parcel No. 2 ofResubdivision No. 585 which shall have a maximum building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum of nine (9) stories /167 feet above ground level. Maxine m building height for Professional & Business Office Site 2A shall not exceed 95 feet above ground level. 9 20 THIS PAGE IS INTENTIONALLY BLANK 27 STATISTICAL A\TALYSIS PART H RETAIL CONM ERCIAUPERiMITTED USES - Part II, Section f1, Group ME A. Buil(lhlg Sites Site 1 1.4 acres The following statistics are for information only. Development may uiclude but shall not be limited to the following. B. Building Area Site 1 ...... 10,000 sq. R. .22 acres C. Parking (Criteria: 5 /spaces /1000 sq. R.( 363 sq. IL/ space) Site 1.......50 cars .41 acres D. Landscaped - Open Space Site 1 .77 acres E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet. 11 22 STATISTICAL ANALYSIS PART U COMMERCIAL /RESTAURANTS A. Building Sites Site I ...... 2.9 acres 2.9 acres .......................2.9 acres [5, 20] The following statistics are for information only. Development may include but shall not be limited to the following. B. Building Area Site 1 .... 15,000 square feet ...... 34 acres 15,000 square feet ....... 34 acres [5, 20] C. Parking (Criteria: 300 occupants /10,000 sq. R. I space /3 occupants 363 sg. fl./space Site 1......150 cars .....................1.25 acres 150 cars .................... 1.25 acres [5, 20] D. Landscaped - Open Space Site 1...1.31 acres 1.31 acres ...................... 1.31 acres [5, 20] E. Building Heig Building height of structures shall be limited to a height of thirty-five (35) feet. 12 29 STATISTICAL ANALYSIS PART H CONIMERCIAL/FIOTEL & MOTEL A. Buildi4gSite[26,31] Site 1 - 6.35 acres Site 2B - 3_7 acres [3 11 10.05 acres [31] B. Hotel Room Limit [18,25,31) Site 1 - 349 rooms Site2B- 304rooms[31] The following statistics are for information only. Development may include but shall not be limited to the following. C. Building Area (Site I - 349 units R 400 sq.ft. /unit) (Site 2B — 304 wuts 517 net sq. R. /unit).[18, 25, 3 1 Site 1 - 3.2 acres 3.2 acres Site 2B - 3.6 acres (total enclosed area is 4.5 acres) D. Parking (Criteria: lspace /unit R 363 sq. ft. /space)[ 18, 26, 311 Site 1 - 349 parking spaces 2.9 acres Site 2B - 152 parking spacesz 2.5 acres (total) E. Landscaping - Open Space [ 18] 'Use permits approved as of November 14, 1983, allow 468 hotel rooms with related restaurant, conference area, and other support facilities. Hotel suites included as part of the hotel room count may be converted to standard hotel rooms consistent with the specified hotel room limit, so long as the approved site plan is maintained. Location and size of restaurant, conference area, and other support facilities may also be revised if the plans meet the intent of (he approved site plan and other conditions of approval. [l, 18] ZBased on one space /2 guest rooms per Page 20.66 -8, Off - Street Parking and Loading Requirements, of the City of Newport Beach Planning and Zoning Code. [3 1] 13 MI] The following is intended to show some of the variations possible. Site I One Story Development - 0.92 acres Two Story Development - 2.95 acres Three Story Development - 3.67 acres Four Story Development - 4.02 acres Five Story Development - 4.22 acres Six Story Development 4.36 acres Seven Story Development - 4.46 acres Eight Story Development - 4.53 acres Nine Story Development - 4.59 acres Ten Story Development - 4.64 acres Eleven Story Development - 4.67 acres Twelve Story Development - 4.71 acres Thirteen Story Development - 4.73 acres The above analysis does not include support facilities utilized in many hotel operations. These facilities would also require parking not reflected in the parking requirement criteria. F. BuildinaHeight[311 Building height on Site 2B shall not exceed 60 feet. [31] 14 3- STATISTICAL ANALYSIS PA RT II GENERAL COMMERCIAL PERMITTED USES [8,91 Pail II, Section 11, Group ILA & F A. General Commercial Building Sites f 8, 26, 28.3, 311 Site I - 3.0 acres Site 2 - 1.0 acres [9] Site 3 - 3.9 acres [9] Site 4 - 2.0 acres [9] Site 5 - 2.45 acres' [26] Site 6 5.8 acres [25, 28.3] Site 7 8.2 acres ft. - 26.35 acres B. Building Area f26, 27, 28.31 Site l - 35,000 sq. ft. - Site 2' - 11,700 sq. R. - Site 3Z - 49,380 sq. R. - Site 4' - 20,870 sq. ft.[] 9]- site 51 - 31,362 sq. ft. - Site 6 - 50,000 sq. ft. Site 7 - 141,120 sq. ft. 339,432 sq. ft.. 0.80 acres 0.27 acres [9] L 13 acres [27] 0.57 acres [9] 0.72 acres [26] 1.14 acres [28.3] 8.20 acres 12.83 acres [26, 27, 28.3] s A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual benefit between Hotel Site 1 and General Commercial Site 5- 6 Restaurants are permitted uses in Sites l 2 3 5 and 6 subject to a use permit. 9, 23 26 27 28.3] ' ]bid s If the development of General Commercial Site 4 is limited solely to Professional and Business Office use, then the allowable Building Area shall not exceed 30,000 sq. ft. (19) Restaurants are permitted uses in Sites 1,2,3,5 10 257 surface parking spaces; minimum 100 parking spaces in parking structure 1161 32 The following statistics are for information only. Development may include, but shall not be limited to the following. [8] D. Parking (Criteria 4 spaces/ 1,000 sq.ft. @363 sq.ft. /space [9, 26, 28.3] Site I - 140 cars Site 2 - 47 cars Site 3 - 193 cars Site 4 - 100 cars Site 5 - 167 cars Site 6 - 250 cars Site 7 357 taus - L 17 acres - 0.39 acres - 1.61 acres - 0.83 acres - 1.39 acres - 2.08 acres - 2.98 acres10 10.45 acres E. Landscaping =Open Space [9, 26, 28.3] Site I - 1.03 acres Site 2 - 0.34 acres Site 3 - 1.18 acres Site 4 - 0.60 acres Site 5 (1 & 2 story) - 0.24 acres Site 6 - 2.58 acres Site 7 - 2.14 acres Sub Total 8.11 acres Site 5 (3 story) 0.49 acres Sub Total 8.60 acres Site 5 (4 story) 0.75 acres Grand Total 9.35 acres F. Building Height [8, 9, 26, 31, 28.3] Building height of structures on General Commercial Site 1, 2, 3, 4 and 6 shall be limited to a height of thirty-five (35 ft.) and on General Commercial Site 5 shall be limited to a height of 6$y feet (50 ft.). Height of buildings on Site 7 shall be limited to fifty -five (55) feet except that the vertical projection of a building element intended to provide architectural interest and /or integrate the project identification sign and not for occupancy may be up to seventy -five (75) feet in height. KEA 33 PART II COMMERCIAL /SERVICE STATION" A. Building Site Site 1 1.2 acres 1.2 acres PART 1. INDUSTRIAL Section 1. \Minimum Site Area A. Thirty Thousand (30,000) square feet. B. Exception: [I1] The Planning Commission may authorize an exception to the uriuinuun site area. Application for any such exception shall be made at the time of the filing of a tentative map by the applicant. hi order for an exception to be granted, the Planning Commission shall find the following facts with respect thereto: That the granting of the exception will not be detrimental to the public welfare or injurious to other properly in the vici iity. 2. That the development considerations and intent of this Planned Conununity Development Standards are substantially met. Section U. Permitted Uses Group 1. Light Lidustrial A. To allow uses primarily engaged in research activities, provided that such activities are confined within a building or buildings that do not contribute excess noise, dust, smoke, vibration, odor, toxic, or noxious nailer to the surrounding environment nor contain a high hazard potential, due to the matter of the product material or processes involved. Such activities may include but shall not be limited to research laboratories and facilities, developmental laboratories mid facilities and compatible light manufacturing related to the following list of examples: Bio- Chemical Chemical Film and Photography Medical and Dental Metallurgy Pharmaceutical X -Ray 17 3'4 * *Reference Page 4, Part 1, Item D. Manufacture, research assembly, testing and repair of components, devices, equipment and systems and parts and components such as but not limited to the following list of examples: Coils, Tubes, Semi- Conductors Communication, Navigation Control, Transmission and Reception Equipment, Control Equipment and Systems, Guidance Equipment and Systems Data Processing Equipment and Systems Glass Edging, Beveling, and Silvering Graphics, Art Equipment Metering Instruments Optical Devices, Equipment and Systems Phonographs, Audio Units, Radio Equipment and Television Equipment Photographic Equipment Radar, infra -red and Ultra - Violet Equipment and Systems Scientific and Mechanical Instruments Testing Equipment B. To allow the location of offices and areas associated with and accessory to the permitted uses listed under A. Administrative, professional and business offices. Regional or ]ionic offices of industries which are limited to a single use. 3. Blueprinting, Photostatting, photo engraving, printing, publisNng and bookbinding, provided that no on -site commercial services is associated with said Uses. 4. Cafeteria, cafe, restaurant or auditorium. 5. Service stations will be permitted, subject to a use permit provided that no on -site commercial service is associated with said uses. * & * *6. (Transferred to Part U — Commercial, Section 11, Group 1) [28.2, 35] C. Service stations subject to a use permit. W 35 Group II. Medium hulustrial and Industrial Service and Support Facilities. A. To allow the location of general manufacturing activities, provided that such activities are confined within a building or buildings and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, material or processes involved. Manufacture and /or assembly of the following or similar products: Aircraft and Related Components Clocks and Watches Coffins Ceramic Products Concrete Products Electrical Appliances Farm Equipment Beating & Ventilating Equipment Linoleum Machinery & Machine Tools Musical Instruments Neon Signs Novelties Oil Well Valves & Repairs Optical Goods Refi-igeration Screw Machine Products Sheet Metal Products Shoes Silk Screens Sporting Goods Springs Stencils Toys Trailers Trucks 2. The manufacture of products or products made from the following or similar materials: Aluminum Iron Bags, except Burlap Bags or Linoleum Sacks Matches Batteries Mattresses Boxes, Paper Paper ON so Brass Steel Cans Tin Copper Tools Glass Wool Grinding Wheels Yarn 3. The manufacturing, compounding, processing or treatment of the following or similar items: Acids, Non- Corrosive Lubricating Oil Candles Pharmaceutical Cigarettes & Cigars Products Detergents Plastics Disinfectants Toiletries Dye Vitamin Products Food Products Waxes and Polishes 4. Woodworking Shops, such as: (Provided that, if a planer, router, sticker or moulder is maintained, all doors and windows in the outside walls of the room in which said machinery is located shall be kept closed while said machinery is in use.) Box Furniture Wood Products 5. Distribution and Warehousing Plants B. To allow the location of general manufacturing activities, service industry and activities related to contractor and construction industry, provided that such activities are confined within a building or buildings and do not contribute excessive noise, dust, snnolce, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, materials or processes involve([. 1. Service industries or those industries providing a service as opposed to the man- ufacture of a specific product, such as the repair and maintenance of appliances or component parts, tooling, printers, testing shops, small machine shops, shops engaged in the repair, maintenance and servicing of items excluding automobile repair, providing that such industries are not the point of customer delivery or collection. 2. Contractor and construction industries relating to building industry, such as general contractors, electrical contractors, plumbing contractors. 20 3:F C. To allow a combination of general industry, business and professional offices, and industrial support activities, provided that such activities are confined within a building or buildings, and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential clue to tine nature of the products, materials or processes involved. The industrial support activities shall be defined as and limited to the sale of products or services relating only to the immediate industrial complex. Any activity, which could be classified as retail commercial, shall be restricted to activities strictly accessory and /or supplementary to the industrial community. 1. All uses permitted under A, B, and D. a. Business and Professional Offices. b. Industrial Support Facilities, to include activities limited to the sale of products or services related to only the industrial complex. Activities of a commercial nature shall be restricted in scope so as to service and to be accessory and /or supplementary to the industrial complex. C. Service stations subject to a use permit. 2. Except as herein indicated, the General Development Standards for Industry shall apply. a. SijWi Area Industry Support Facilities and Business and Professional Offices. Only one (l) facia mounted identification sign shall be permitted per sureel fi•ontage For each individual business or office. No sign shall exceed an area equal to one and one -half (1 -I /2) square feel of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed two hundred (200) square feet in area per face. 21 SR b. Site Identification Ground Sign One (1) site identification sign listing only the name of the site or major tenant on the site shall be allowed. Said sign shall be 1united to a maximum height of four (4) feet and a width of eight (S) feet and may be double faced. C. Pedestrian Access It is required of all developments in the industrial support facility area to submit a plan of pedestrian access to the Plaruung Deparhuent prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right of way, if such walkways are proposed or necessary. D. To allow for the location of a storage facility for new car inventory. Located within Industrial Site IA between Quail Street on the east, adjacent to Auto Center Sites 2A and 2B on the south, and Bristol Street on the west This use shall be subject to a use permit. [3] E. (Deleted)[2,4] 22 S9 Section W. General Development Standards for bidustry Maximum building areas shall be as noted hi the Statistical Analysis, Part LA and Part I.B. A. Building Heigh( [22] Building heights of structures shall be limited to a height of thirty -five (35) feet; provided, however, that on Parcel I and Parcel 2 of Parcel Map 56 -33 -34 (Resubdivision No. 529) in Industrial Site 3A, the Plarming Conmmission or the City Council on review or appeal may approve a structure up to a maximum height of 50 feet after the approval of a use permit. The Planning Commission or City Council in granting any use permit for structures in excess of thirty -five (35) feet shall find that each of the following four points have been complied with: (a) The increased building height would result in more public visual open space and views than is required by the basic height limit. Particular attention shall be given to the IOCati011 of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. (b) The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit. (c) The increased building height would not result in undesirable or abrupt scale relationships being created between the stucture and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. (d) The stricture shall have no more floor area than could have been achieved without the use permit. [22] 23 4 0 B. Setbacks All setbacks shall be measured from the property line. For the purpose of this ordinance, a street side property line is that line created by the ultimate right -of -way line of the frontage street. Front Yard Setback Thirty (30) feet minimum, except that unsupported roofs or sunscreens may project six (6) feet into the setback area. 2. Side Yard Setback Ten (10) feet, except that unsupported roofs and sunscreens may project three (3) feet into the setback area. In the case of a corner lot, the street side setback shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feel into the setback area. Interior lot lines for a corner lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required except on a tlu'ouglr -lot in which case the required front yard setback shall be observed. C. Site Coverage D. Si_M Maximum building coverage of fifty (50) percent is allowed. Parking structures shall not be calculated as building area, however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm. Sign Area Only one (1) single faced or double -faced signs shall be permitted per street fi•ontage. No sign or combination of signs shall exceed one (1) square foot in area for each six - hundred (600) square feel of total site area. However, no sign shall exceed two hunched (200) square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. 24 4- 2. Sale or Lease Sign A sign, advertising the sale, lease, or lie of the site shall be permitted in addition to the other signs listed in this section. Said sign shall not exceed a maximum area of thirty -two (32) square feet. 3. Ground Sign All ground signs shall not exceed four (4) feet above grade ill vertical height. Also, ground signs ill excess of one - hundred fifty (150) square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured fi-om the properly line, of any street side setback area. However, the above standards shall not apply to file Community Directional Sign and Special Purpose Sign. 4. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. 5. \•Nall Signs Nall signs shall not comprise more than ten (10) percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted. Li the instance of a multiple tenancy building, each individual industry may have a wall sign over (lie entrance to identify the industry. Said sign shall give only the name of the company and shall be limited to four (4) inch high letters. Said sign must be oriented toward the parking area for that building. 25 42 6. Construction Sian One (I) construction sign denoting the architects, engineers, contractor, and other related subjects, shall be permitted upon the commencement of construction. Said sign shall conform with the requirements of Item 3 above, Ground Sign, and will be permitted until such time as a final inspection of the building(s) designates said structures) fit for occupancy, or the tenant is occupying said building(s), whichever occurs first. 7. Future Tenant Identification Sian A sign listing the name of the future tenant, responsible agent or realtor, and identification of the industrial complex shall be permitted. Said sign shall conform with the requirements of Item 3 above, Ground Sign, and will be permitted until such time as a final inspection of the building(s) designates said structure(s) fit for occupancy or tenant is occupying said building(s), whichever occurs first. S. Community Directional and /or Identification Sim Permanent directional and identification signs, not exceeding two- hundred fifty (250) square feet (single face), shall be permitted but subject to use permit. E. Sian Standards Signs visible tram the exterior of any building may be lighted, but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and /or the pictorial syinbol and calculating the area enclosed by such line. 4. All signs attached to the building shall be flush mounted. 43 F. Parking Adequate off - street parking sliall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a contiguous site or within three hundred (300) feet of the subject site. Where parking- is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Building and Planning Departments and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. The following guide shall be used to determine parking requirements: Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Manufacture. Research and Assembly Two (2) parking spaces for each three (3) employees, but ui no event less than three (3) spaces for each one thousand (1000) square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each one thousand (1000) square feet of gross floor area for the first twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000) square feet of gross floor area for the second twenty thousand (20,000) square feet; one (1) space for each four thousand (4,000) square feet of gross floor area for areas in excess of the initial forty thousand (40,000) square feet of floor area of the building. If there is more than one shift, the number of employees on the largest shift shall be used in determining parking requirements. 27 44 G. Landscaping Detailed landscaping and irrigation plans, prepared by a landscaping architect, licensed contractor of architect shall be submitted to and approved by the Planning Director prior to issuing of building permit and installed prior to issue of Certificate of Use and Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly Fashion. Profit Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and slurubbery. All unpaved areas not utilized for parking shall be landscaped in a similar manner. b. Special Landscaped Street The entire area between the curb and the building setback line shall be landscaped, except for any access driveway in said area. C. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped, except for any access driveway in said area. 2. Side and Rear Yard Setback Area a. General Statement All unpaved areas not utilized for parking and storage, shall be landscaped utilizing ground cover and /or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed fi-ee condition but need not be landscaped. C. Screening Areas used for parking shall be landscaped and /or fenced in such a manner as to interrupt or screen said areas foonn view from access m 1(-S streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of slu•ubs and /or trees. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. 4. Sloped Bank All sloped banks greater than 5 -1 or 6 feet in vertical height and adjacent to public right -of -way shall be stabilized, planted and irrigated in accordance with plans submitted and approved by Planning Director. H. Loading Areas On other than special landscaped streets street side loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right -ofway line or one hundred ten (110) from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets. 1. Storage Areas All outdoor storage shall be visually screened from access streets, freeways, and adjacent properly. Said screening shall form a complete opaque screen Lip to a point eight (8) feet in vertical height but need not be opaque above that point. 2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. J. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, fi•eeways, and adjacent property by a complete opaque screen. No refuse collection areas shall be permitted between a frontage street and the building line. 29 40 K. Telephone and Electrical Service All "on- site" electrical lines (excluding lines in excess of 12 KV) and telephone lines shall be placed underground. Transformers or terminal equipment shall be visually screened from view from streets and adjacent properties. L. Sidewalks The requirement for sidewalks in the Planned Community District may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installations of sidewalks if, in the Future, a need is established by the City. M. Nuisances No portion of the property shall be used is such a maimer as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro - mechanical disturbance and radiation, electro- magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. 30 4:F PART U. COiVMERCIAL Section I. Minimum Site Area A. Thirty Thousand (30,000) square feet B. Exception: f 1 ll The Planning Commission may authorize an exception to the minimum site area. Application for any such exception shall be made at the time of the filing of a tentative map by the applicant. Li order for an exception to be granted, the Planning Commission shall find the following facts with respect thereto: 1. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 2. That the development considerations and intent of this Planned Conununity Development Standards are substantially met. Section It. Permitted Uses Group L Professional and Business Offices. To allow the location of commercial activities engaged in the sale of products or services relating to and supporting the Development Plan, provided that such activities are confined within a building or buildings. A. Professional Offices 1. Accountants 2. Attorneys 3. Doctors, dentists, optometrists, oculists, chiropractors and others licensed by the Stale of California to practice the healing arts. 4. Engineers, architects, surveyors and planners. 5. Any other general professional offices. [30] 31 42 B. Business Offices I . Advertising agencies 2. Banks 3. Economic consultants 4. Employment agencies 5. Escrow offices 6. Insurance agencies 7. Laboratories: a. Dental b. Medical c. \ -Ray d. Biochemical e. Film, wholesale only f Optometrical S. Stock Brokers 9. Studios for interior decorators, photographers, artists and draftsmen. 10. Telephone answering services 11. Tourist information and travel agencies and ticket reservation services but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. [2] 12. Business and trade schools subject to the approval of a Director's Use Permit [29) 13. Any other general business offices. [3 1] " & ** 14. Remedial driving instruction and counseling facility, subject to a use permit in each case. (28.2, 35] *This use shall be limited to Professional and Business Offices Site 9 only. [28.2, 35] **That all uses, including remedial driving instruclior>/counseling facilities, located within Professional and Business Offices Site 9 shall be limited to providing services to adult clientele only, any use dedicated to serving school aged and minor children shall be prohibited. [28.2,35] QPA 49 C. Support Commercial [21] Retail sales and services, so long as said retail sales are of a convenience nahu-e ancillary to the operation and use of office facilities including tobacco stores, card shops, confectionery and newspaper stands, and other uses which, in the opinion of the Planning Commission are of a similar nature. Retail uses shall be located in the basement or on the first floor of a building. Storage for such uses shall be within a building. 2. Service uses which are for building tenants and pahrons, such as a car wash and gymnasium /health club facilities. Car washes shall drain into the sanitary sewer system. 3. Restaurants - outdoor restaurants and take -out restaurants - subject to securing a use permit in each case. 33 150 Group 11. Commercial Uses A. Automobile Center, subject to a use permit. [28] I. Automobile dealership selling only new cars. The sale of used cars, automobile repair, and automobile detailing may be pennitled ill conjunction with the sales of new vehicles but only accessory uses. 2. Service stations subject to the issuance of the use permit and a finding that the use is supportive of the principal uses permitted in the Newport Place Planned Community text. 3. Vehicle storage facility shall be permitted in Motel Site 2 -13 subject to the issuance of a use permit. [361 B. Hotels and Motels, subject to a use permit. C. Slate, County and Municipal Facilities [2] D. Service Stations & Mechanical Car Wash within Service Station Site #l, subject to a use permit. [4] E. Retail Conunercial uses such as: Restaurants, including outdoor, drive -in or take -out restaurants shall be permitted subject to the securing of a use permit. except as noted under "a" and "b" below: [7] a. Restaurants, other than outdoor, drive -in or lake -out restaurants, shall be permitted in Retail - Conunercial Site 1 without a use permit provided that the net floor area of all restaurant uses does not exceed 20% of the net floor area of the retail - commercial center. b. Outdoor, drive -in or take -out restaurants shall be designed and located so as to be an integral element of the retail - commercial center and shall not be permitted as a free - standing independent use in any case. 2. Barber shop and beauty parlor 3. Book and stationery store 4. Blueprinting and photostatics 5. Camera shop 6. Delicatessen store 7. Florist 34 51 8. Shoe store or repair shop 9. Tailor 10. Tobacco store 11. Office equipment retail and repair 12. Pharmacies 13. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight 14. Instructional dance facility for adults and related retail sales, subject to a use permit (28.1) 15. Other uses similar to the above list F. General Commercial (8, 9, 23, 26, 28.3] 1. New car dealership, subject to a use permit, including ancillary uses listed under Part II, Section II, Group II, A. 2. Service stations subject to a use permit. 3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to a use permit. Restaurant uses are permitted within General Commercial Sites 1, 2, 3, 5 and 6 not permitted within General Commercial Site 4. 4. Hobby, Arts and Crafts, including: a. Sporting goods store b. Camera store C. Art gallery d. Craft store C. Pet store f Bicycle store g. Other uses of similar nature 5. Book and Office Support Stores, including: a. Book store b. Office supplies C. Other uses of similar nature 6. Retail stores and professional service establishments, including: a. Pharmacies b. Specialty food C. Fabric shops d. Jewelry shops C. Furrier f. Formal Near g. Barber and hair styling h. Clothing store i. Liquor store 35 52 j. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. k. Other uses of similar nature 7. Home and Office Furnishings, including: a. Home fii niture store b. Office furniture store C. Interior decorators d. Home appliances C. Antique store f Other uses of similar nature S. Athletic Clubs, including: a. Spa b. Health club C. Recreation facility d. Other uses of similar nature 9. Home improvement stores, including: a. Hardware store b. Paint store C. wallcovering stare d. Other uses of similar nature 10. Retail nursery subject to a use permit 11. Tistitulional, instructional and educational uses, subject to a use permit in each case. (28.3) *12. Professional and Business Offices - see Part H, Section II, Group I for permitted uses. "Office uses are permitted within General Commercial Sites 3, 4, S and 6 and not permitted within General Commercial Sites I and 2. [9, 26, 28.3, 31] 53 Section III. General Development Standards for Commerce Maximum building areas and building heights shall be noted in the Statistical Analysis, Part ILA and Part II.B. A. Setbacks All setbacks shall be measured from the property line. For the PurPose of this ordinance, a street side property line is that line created by the ultimate right -of -way line of the frontage street. Front Yard Setback Thirty (30) feel minimum; except that unsupported roofs or sunscreens may project six (6) feet into the setback area. EotelMolel uses: Seventeen (17) feet and six (6) inches mnumum, provided that the average setback for all buildings along the linear street frontage is thirty (30) feet. [31] 2. Side Yard Side yard setbacks will be required only when any one of the following conditions exist: I . Corner lot: Thirty (30) feet (street side setback only), except that unsupported roofs and sunscreens may project three (3) feet into setback area. HoteUMotel uses: Fourteen (14) feet and six (6) inches minimum, provided that the average setback for all buildings Tong the linear street frontage is twenty -seven (27) feet. [31 ] b. Where property abuts other than commercially zoned property, a ten (10) foot setback is required. Unsupported roofs and sunscreens may project three (3) feet into the setback area. Hotel /Motel uses: Ten (10) feet minhnum setback for all buildings along the property line. [31 ] 3. Rear Yard None required except on a tlrough -lot in which case the required fi•ont yard setback shall be observed. 37 15 B. SigIS Sign Area: General Standard Building identification shall be limited to a single (l) entity. Building identification signs shall have an area not to exceed 1 1/2 square feel of surface for each one (1) foot of lineal fi-ontage of building. However, no sign shall exceed two hundred (200) square feet per face. Building identi- fication signs shall be limited to two (2) facades. 2. Pole Sign: One (1) identification pole sign site will be allowed for the following commercial businesses: I . Restaurant b. Cocktail lounge and/or bar C. Motel and hotel If a pole sign is utilized, it shall be in lieu of other identifications signs allowed by ordinance. Pole signs shall be limited to maxinuun height of twenty (20) feet and a maximum area of fifty (50) square feet per face, double faced. 3. Wall Sign: In no event shall an identification sign placed on a wall comprise more than ten (10) percent of the area of the elevation upon which (lie sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. Im 515 4. Ground Sign: An identification ground sign shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess on one - hundred and fifty (150) square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured fi-om the property line, of any street side setback. However, the above standards shall not apply to the Community Directional Sign and Special Purpose Sign. 5. Multi- Tenant Directory Sign: One (1) directory sign listing only the name of the firms or businesses on a site shall be allowed. Said sign shall be limited to a maximum height of hvenly (20) feel. Panels identifying each individual story shall be no longer than one (l) foot in width and five (5) feet in length. 6. Special Purpose Sim: Subject to the standards established in Part I, Section III, Item DA. 7. Construction Simi: Subject to the standards established in Part 1, Section III, Item D.6. S. Future Tenant Identification: Subject to the standards established in Part 1, Section M, Item D.7. 9. Community Direction and /or Identification Sign: Subject to (lie standards established in Part 1, Section III, Item C.S. C. Sign Standards Except as noted above, the same sign standards as outlined in Sub- Section D, Section W, Part T of this ordinance, shall prevail for developments in this area. D. Parkin Medical and Dental Five (5) spaces for each doctor or one (1) space for each 200 square feel of gross floor area whichever is greater. 39 150 2. Professional Offices One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Exceptions: [35] The following parking requirements are applicable to Professional and Business Office Site No. 9. 0 One (1) space for each 281 square feet of net floor area. a Changes to the on -site parking plans shall be reviewed by the Planning Director. 3-- Lodge, Halls, Private Clubs, Union Headquarters One (1) space for each 75 square feet of gross floor area plus one (1) space for each 250 square feet of gross office floor area. 4. Restaurants, Outdoor, Drive -hr and Take -Out Restaurants. [7] Restaurant parking shall be in accordance with Section 20.38.030(d) of the Newport Beach Municipal Code, except as noted under "b" and "c" below. 40 57 b. Restaurants other than outdoor, drive -in or take -out restaurants within Retail- Commiercial Sites I and 2 shall provide one (1) space for each 200 square feet of net floor area and one (1) loading space for each 10,000 square feel of gross Floor area, to the extent that the net floor area of all restaurants does not exceed 20% of the net floor area of the retail - commercial center. hi the event that any restaurant causes the total of all restaurant uses in (lie retail - commercial center to exceed 20% limitation noted above, that entire restaurant and any subsequent restaurants shall provide parking as noted under "a" above. C. Parking for outdoor, drive -in and take -out restaurants shall be provided in accordance with Section 20.53.060 of the Newport Beach Municipal Code. 5. Retail Commercial One (l) space for each 200 square feet of net floor area. One (1) loading space for each 10,000 square feet of gross floor area. 6. Hotels and Motels [6] Parking for Hotel and Motel guestrooms; all related res(aurants, cocktail lounges, banquet and meeting rooms, retail shops; and all employees shall be based on a demonstrated formula to be reviewed and approved by the Planning Commission. The parking formula shall contain the minimum parking which would be required for each of the separate uses evaluated independently. Any reductions 6-om this minimum parking requirement trust be based on the joint usage of the facilities by hotel and motel patrons. (10] 7. General Commercial [8, 9] a. One (1) space for each 250 sq.fl. of net floor area. One (1) loading space for each 10,000 sq.fl. of gross floor area. b. If the development of General Commercial Site 3 or 4 is limited solely to Professional and Business Office use, the parking shall be: One (1) space for each 225 sq.fl. of net floor area. The parking requirements may be lowered to one (1) space for each 250 sq.fl. of net floor area upon review and approval of the modifications committee. 41 152 C. Specific parking requirements shall be developed for uses such as furniture stores, athletic clubs, theaters, bowling alleys, home improvement stores, retail nurseries or tire stores based upon functions and occupancies within these uses. Parking shall be in conformance to existing City of Newport Beach requirements for said occupancies, or at a demonstrated formula agreeable to the Director of Community Development. Lr the event that any use described above is converted to another use parking requirements for theaiew use shall be subject to review by the Director of Community Development. d. For restaurant parking see Pail II, Section III, DA. E. Landscaping Detailed landscaping and irrigation plans, prepared by a landscaping architect, licensed landscaping contractor or architect shall be submitted to and approved by the Planning Director prior to issuing of Building Permits slid installed prior to issue of Certificate ofUse and Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination Of street trees, trees, ground cover and shrubbery. b. Special Landscaped Street The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. C. Other Streets The entire area between the curb and a point ten (10) feet in back of the fi-oit properly line shall be landscaped except for any driveway in said area. 2. Side Yard and Rear Yard a. General Statement V" 159 All unpaved areas not utilized for parking and storage, shall be landscaped utilizing ground cover and /or sluub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed firee condition, but need not be landscaped. C. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping and /or fencing from access streets, fi-eeways, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and /or trees. d. Boundary Areas Boundary landscaping is required on all interior properly lines. Said areas shall be placed along the entire length of these properly lines or be of sufficieut length to accommodate the number of required trees. Trees, equal in number to one (1) tree per twenty -five (25) lineal feet of each property line, shall be planted in the above defined areas in addition to required ground cover and shrub material. C. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least (6) inches higher that the adjacent vehicular area. 43 00 3. Parking Areas Trees, equal in number to one (l) per each five (5) parking stalls shall be provided in the surface parking area (31). F. Loading Areas Street side loading on other than special landscaped streets, shall be allowed providing the loading dock is set back a minimum of seventy (70) feet from the street right -of -way line, or one hundred tell (110) feet from the street center line, whichever is greater. Said loading area must be screened firom view from adjacent streets. G. Storage Areas All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen up to a point eight (8) feet in vertical height but need not be opaque above that point. 2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a fioontage street and the building line. H. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. Teleohone and Electrical Service All "on-site" electrical lines (excluding lines in excess of 12KV) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 21011 (�'1 J. Pedestrian Access It is required of all developments in the conunercial areas to submit a plan of pedestrian access to the Plaiming Department prior to the issuance of building perinits. Said plans will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right -of -way, if such walkways are proposed or necessary. 45 02 FOOTNOTES [1] Planned Conmxmity Text Amendment No. 1, dated December 13, 1971, incorporating a revised land use plan. [2] Plumed Commmmity Text Amendment No. 2, dated June 12, 1972, incorporating the followuig changes: a. Relocation of Fire Station site. b. Limitation of tourist information, travel agencies and ticket reservations within Retail Commercial sites. C. Addition of specific restaurant density within Retail Commercial sites. [3] Planned Community Text Amendment No. 3, dated October 24, 1972, permitting Auto Centers as an additional use within Industrial Site 2B. [4] Plarmed Conuuuuity Text Amendment No. 4, dated January 8, 1973, incorporating the following changes: a. Provision for a Mechanical Car Nash within Service Station Site No. 1. b. Eliminate provision for a Fire Station within Industrial Site 3A. [5] Planned Comnumity Text Amendment No. 5, dated July 23, 1973, incorporating the following changes: a. Rearrangement of Office Site 3 and Restaurant Site 2 and reapportionment of land allotted to each. b. Reduce allowable building area in Office Sites 1 and 2 and increase allowable building area in Office Site 3A. C. Increase allowable building height in Office Site 3A to 8 stories. [6] Planned Community Text Amendment No. 6, dated June 10, 1974, establishing parking requirements for Hotels and Motels based on a demonstrated formula. [7] Plarmed Community Text Amendment No. 7, dated September 8, 1975, revising off - street parking requirements for restaurants to conform with existing City Standards. [8] Planned Conuuuuity Text Amendment No. 8, dated February 9, 1976, permitting General Commercial uses on Auto Center Site la and 2b. FOOTNOTES (Cont.) 46 os [9] Planned Community Text Amendment No. 9, dated April 11, 1977, incorporating the following changes: a. Expand the permitted uses for General Commercial. b. Re- designate General Commercial Site I -A and 2 -13 to General Commercial Sites 1, 2 and 3. G. Expand General Commercial Site 3 to include one half of Industrial Site IA. d. Convert Industrial Site 2A to General Commercial Site 4. e. Restrict the allowable building area and the permitted uses for General Conunercial Sites 1, 2, 3 and 4. [10] Plarmed Community Text Amendment No. 10, dated May 23, 1977, incorporating the following change: a. Delete the provision added by Resolution No. 8261 adopted by the City Council on June 10, 1974 from Section JU, D, 6. [11] Planned Community Text Amendment No. 11, dated April 10, 1978, incorporating the following change: a. Establish guidelines for an exception to the minimum site area. [12] Planned Community Text Amendment No. 12, dated July 11, 1978, incorporating the Following change: a. Revised the allowable building height for Parcel No. I ofResubdivision No. 585. [ 13] Planned Community Text Amendment No. 13, dated November 27, 1978, incorporating the following change: a. Requirepienl that a Phasing Plan be approved by the Plamung Commission for seventy (70) percent of the undeveloped allowable building area existing as of October 1, 1978. 47 04 FOOTNOTES (Cont.) [14] Planned Conmuunity Test Amendment No. 14, dated ,tune 11, 1979, incorporating the following changes: H. Reduce the allowable building area of Iulustrial Site 3A. b. Reduce the allowable building area of Conunercial/Professional and Business Office Site I and 2. [15] Planned Community Text Amendment No. 15, dated March 23, 1981, incorporating the following changes: a. Specification of a maximum building height of seven (7) stories on Parcel No. 2 of Resubdivision No. 585. [I6] Planned Conununity Test Amendment No. 16, dated March 8, 1984 incorporating the Following change: a. Increase of 16,154 square feet of office space in Professional and Business Offices Site 5. [ l7] Planned Community Text Amendment No. 17, dated April 23, 1984, incorporating the following change: a. Increase of 1,091 square feet of office space in Professional and Business Offices Sites I and 2. [18] Planned Community Text Amendment No. 18, dated June 25, 1984, incorporating the following changes: a. Establish a specific limit on hotel rooms in Hotel Sites IA and 1B. [19] Planned Couununity Text Amendment No. 19, dated July 23, 1984, incorporating the following changes: a. Transfer of 4,130 square feet of allowable building area from General Commercial Site 4 to Professional and Business Offices Site 5. MO. 05 FOOTNOTES (Cont.) [20] Planned Conununity Text Amendment No. 20, dated January 12, 1987, incorporating the following changes: a. Add Professional and Business Offices Site 8, with 54,000 square feet allowed. b. Delete Restaurant Site 2A, with 8,400 square feet deleted. [21] Planned Community Text Amendment No. 21, dated March 9, 1987, incorporating the Following change: a. hicrease allowed development in Professional and Business Offices Site 5 to 241,570 square feet; allow additional support retail uses up to 294,600 square feet total; add support commercial as permitted land use. (2 1) [22] Planned Community Text Amendment No. 22, dated February 4, 1988, incorporating the following change: a. Allow structures located within a portion of biduslrial Site 3A to be constructed in excess of the 35 -foot height limit up to a maximum of 50 feet, subject to the approval of a use permit. [23] Planned Community Text Amendment No. 23, dated July 6, 1989 incorporating the following change: a. Allow restaurant uses on General Commercial Site 1, subject to (lie approval of a use permit in each case. [24] Planned Community Text Amendment No. 24, dated June 6, 1991, incorporating the following change: a. Increase the allowable office development in Professional Business Offices, Site No. 5 to 257,287 square feet, and reduce the allowable retail development to 37,315 square feet. [25] Planned Community Text Amendment No. 25, approved by the City Council on March 9, 1992, incorporating the following change: a. increase the allowable office development in Professional Business Offices, Site No. 5 to 268,743 square feet, and reduce the allowable retail development to 25,857 square feet. 49 00 FOOTNOTES (Cont.) [26] Planned Community Teat Amendment No. 26, approved by the City Council on June 8, 1992, incorporating the following changes: a. Redesignate the Sheraton Holcl Site from Hotel Site IA and IB to Hotel Site I and General Commercial Site 5. b. Reduce the hotel room entitlement on Hotel Site I by 119 rooms and establish a development entitlement of 31,362 square feet for General Commercial Site 5. C. Establish a height limit of 50 feet within General Commercial Site 5. d. The Requirement for a reciprocal easement to provide ingress, egress, and parking for mutual benefit between Hotel Site 1 and General Connnercial Site 5. [27] Planned Community Text Amendment No. 27, approved by the City Council oil September 13, 1993, incorporating the following changes: a. hicrease the allowable commercial development in General Commercial Site 3 from 48,300 square feet to 49,380 square feet. b. Delete the provision which counts one square foot of floor area devoted to restaurants as two square feet of permitted commercial floor area in General Commercial Sites 2, 3, and 5. C. Delete the provision which restricts the maximum amount of gross floor area devoted to restaurants to 8,000 square feet each in General Commercial Sites 3 and 5. [28] Planned Community Text Amendment No. 28, approved by the City Council on January 22, 1996, incorporating the following changes. a. Restricting automobile repair and detailing as an accessory use only in conjunction with sales of new vehicles. C. Eliminate other permitted uses. [28.1] Planned Comununily Text Amendment No. 28.1, approved by the City Council on September 9, 1996. I . To add 'Instructional Dance Facility for Adults and Related Retail Uses' to the list of 'Retail Commercial' uses for Newport Place. 50 07 FOOTNOTES (Cont.) [25.2] Planned Community Text Amendment No. 28.2, approved by the City COUneil on March 24, 1997, incorporating the following changes: a. Change (lie list of permitted uses of "Industrial Site No. 4" to allow establislunent of remedial driving instruction and counseling facility. [28.3] Planned Conununity Text Amendment No. 28.3, approved by the City Council on August 11, 1997, incorporating the following changes: a. Redesignate "Retail Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6." b. Redesignate "Retail Commercial Site 2" to "Retail Commercial Site I" [29] Planned Conununity Text Amendment No. 29, approved by the City Council oil July 27, t 998, incorporating the following change: a. Permit Business and Trade Schools within Profession and Business Office Site 3A, subject to the approval of a Planning Director's Use Permit. [30] Planned Conununity Text Amendment No. 30, approved by the City Couacil on January 11, 1999, incorporated the fol lowing changes: a. Establish the permitted Gross Floor area for Professional and Business Offices Sites 1 and 2 at 860,884 square feet. [31 ] Planned Conununity Text Amendment No. 3l, approved by the City Council on February 8, 1999, incorporating the following changes: a. Redesignating Auto Center Site 2A to Connmercial/Professional & Business Offices Site 2A. b. Redesig»ating hndustrial Site 2B to Commnercial/Hotel & Motel Site 2B. C. Expand the permitted uses for Professional & Business Offices to include general professional and general business offices. d. Establish a height limit of 95 feet within Professional & Business Office Site 2A. C. Establish a height limit of 60 feet within Hotel & Motel Site 2B. E Establish a front yard setback for Hotel/Motel "uses a 17 %2 foot minimum, provided that the average setback for all buildings along the linear street frontage is 30 feet. 51 02 g. Establish a side yard, corner lot setback for Hotel/Motel Uses of a 14 1/2 fool minimum, provided that the average setback for all buildings along the linear street frontage is 27 feet. h. Establish a side yard setback for Hotel[Motel uses of a ten (10) foot minimum. Provide that landscaping in parking areas be provided in surface parking areas. [32] Planned Community Text Amendment No. 32, approved by the City Council on April 12, 1999, incorporated the following changes: a. Establish the permitted gross floor area for Professional and Business Offices Site 4 at 225,214 square feet. [33] Planned Community Text Amendment No. 33, introduced at the City Council meeting on March 26, 2002 and adopted on the 9th of April 2002: a. Update The Industrial Statistical Analysis by allowing a 1,590 square foot building addition at the subject property identified as 151 l Quail Street. [34] Planned Community Text Amendment No. 34,adopted on the 14th of June 2005: a. Revising the Land Use Plan, permitted uses, and development standards of the Newport Place Planned Community as they relate to the Newport L0xL15 Dealership. [35] Planed Conummity, Text Amendment No. 35, adopted on September 14, 2010: a. Re- designate Industrial Site 4 to Professional and Business Offices Site 9. b. Change the parking requirement for office rases withit Professional and Business Offices Site No. 9 to one space per 281 square feet, which allows all of the buildings to be occupied with office uses. C. Add a provision that requires Planning Director review of the parking configuration in Professional and Business Offices Site No. 9. d. Revising the Land Use Plan, permitted uses and development standards of the Newport Place Planned Couuuunity as they relate to the Newport Commerce 16.9 acre site bounded by Bich Street, Dove Street, Westerly Place and Quail Street. 52 09 POOTNOTLS Cont. 36 Plaimed Community Text Amendment NO. 36, aclopted on September. 2011: a. Add vehicle storage facility as a permitted use on Hotel Site 2 -13 subject to the issuance of a use permit and a tindim,; that the use is suplwrtive of the princi uses )ermitted in the Newoort Place Planned COmmnnitY teXt. 53 :FL) / Hotel Site 1 General Commorclol Site 6 General Commercial Site 6 Service f J Area Summary Cl.j Station j Slto 1 / GO .... i" Industrial 233 ac. Pro. & Bus. Office 81.7 ac. Retail /General Commercial 15.4 ac. J Commercial /Restaurant 2.9 ac. Commercial/Hotel Motel 10.1 ac. Service Station 1.2 ac. •' % Retail ,.r Total 134.6 ac. Site 1 / Hotel Site 1 General Commorclol Site 6 General Commercial Site 6 Service f Cl.j Station j Slto 1 / GO .... �j: / .,,�, Pro. & Bus. Office Slto6 ;Pro: �''• &•Bus. Proce Bus. \�` i Office ornceSite 7 Site 9.:' i y 'Blis. I / •l Pro. & Restaurant Site I Office 4 - . , ..; Site 6i ......... J \ Pro., & Bus I ^\ Industrial Off, ice Sitos 1 & 2 C) i j site 3A Pro. & Bus.' 7- y / Office' A • .,\ :,: site 4 - .•; \..` _ , \" 'rl Pro. & Bus. \\ '� �'• ` .' .... - Office Site 8 sf0 I j General '-•. 'r ", 5 commercial' -. _ Site 4 Industrial Site 1A LandUse General land Use Plan � Con Site 3lal Newport Place Planned Community Ordinance No. 2010 -16 PC Text Amendment No. PD2010 -002 (PA2010 -007) General Commorclal Site 2 t General commercial Site 7 General Commercial Site1 N 'N�wdon: Place LU ExhilAt 2010.mxd 71- i 1am�c 6g4.�eEv aR R RN. 'ev. °ome ®ate r IL`S`cm, ®OP® C m1Li9 f@II W_ L � CGT4 @BYO L ¢ 4C Pqj•�/2.2N2/ Fll, , 9 8.77 LAND USE RPPDRI BEACH. 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NEWPORT _�_��_�.�� � 8 � oeio�r>a•°eov' 1��NBGR,£L� g l i i s •° I ��2'\ ! r ; ; . .... . ..._.. — \ GRADING & ROADS [Ua EMI {AY 1) EVE LOY >1ENT COMIANY .. � �:— ..x..�' Vii,'.• ---- . -e -4 r oouiwro f � NEWPORT PLACE uiar Dcewwqm � T- 1 J/r�yr �aonawnsax nYG ®i J T.,1C.L arncn: C%CTtuxa \ GRADING & ROADS [Ua EMI {AY 1) EVE LOY >1ENT COMIANY .. � �:— ..x..�' Vii,'.• ---- . oouiwro f � NEWPORT PLACE uiar Dcewwqm �aonawnsax i MVZMKV a STORM DRAIN MASTER PLAN a y[tl pOGt BEACH. ULIFOGMI♦ Q O EIdKAY DEVELOpP P1BN.T COMPANY � y � o a J OD 1._ N r 0 I `OCb Jr ggg \999� µ, i _S.�"4e.�+ � i� i:(` \�` \C\ /' .: ` i �y_���• \:- . �\ \�� � -: s3Cl- .i ___�L� _ __ - 1.4T.� I I I � \ �.!u___ __ � �16 -: �� �i �s \� ��� ce•6as�ca�:• ..� - -_ — NEWPORT PLACE -- W � r. sm+- masmumr,cwlce¢ �a NEWPORT BEACH. CALISORNIA fol EM KAY DEVELOPMENT 70 NY N V, tffyVMRT PLACE rl vsveaEOx City Council Attachment N ®e CC 2 Draft City Council Resolution for Approval with Findings and Conditions RS 24 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -024 AND MODIFICATION PERMIT NO. MD2011 -012 FOR A VEHICLE STORAGE FACILITY LOCATED AT 1301 QUAIL STREET (PA2011 -076) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Fletcher Jones Motorcars, with respect to property located at 1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting approval of a planned development amendment, use permit, and modification permit. 2. The applicant requests approval of a planned development amendment to the Newport Place Planned Community to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site does not comply with the landscape development standards, which require one tree to be planted for every five parking spaces within all parking areas and one tree for every 25 linear feet along interior property lines. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration. 3. The subject property is located within the Hotel Site 2 -8 Sub -Area of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. 6. At the August 18, 2011 hearing, the Planning Commission received public comments and voted (7 ayes and 0 noes) to recommend approval of the Planned Development Amendment, Conditional Use Permit, and Modification Permit. 7. A public hearing was held on September 27, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The item was continued to the October 11, 2011 City Council Meeting. 25 City Council Resolution No. _ Paae 2 of 12 8. A public hearing was held on October 11, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the entitlement of an existing vehicle storage facility. No expansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. 3. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. Use Permit 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: Findinq: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use Element. This designation allows for horizontal and vertical mixed -use development including regional commercial office, multi - family residential, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed vehicle storage facility is consistent with these land use designations. Tmpll: 03/08/11 20 City Council Resolution No. _ Pace 3 of 12 A -2. The proposed application will allow the existing vehicle storage use to remain and will not result in a change to the existing floor area or hotel room entitlements. Anomaly No. 17 of the Land Use Element of the General Plan limits the subject property to the development of 33,292 square feet of gross floor area and 304 hotel rooms. A -3. The planned development amendment complies with relevant General Plan policies, the new use is compatible with surrounding land uses, and the addition of vehicle storage as a conditionally permitted use at this site within the Newport Place Planned Community is consistent with other land use standards within the planned community. A -4. 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: B -1. The subject property is within the Hotel Site 2 -B sub -area of the PC -11 (Newport Place Planned Community) zoning district. The purpose of the support commercial designations within Newport Place are to allow a variety of retail sales and services of a convenience nature, service uses for building tenants and patrons, and restaurants. The existing vehicle storage facility is retail in nature. It is anticipated that the use will have limited parking demand based on the characteristics of the vehicle storage use. The use is adequately screened from the surrounding properties and will be consistent with the Development Plan for Newport Place upon the adoption of the Planned Development Amendment. B -2. The vehicle storage facility is an existing use that was originally permitted for a limited duration in 2003 under Use Permit No. UP2003 -037 (PA2003 -222) and subsequent Use Permit No. UP2007 -001 (PA2007 -022). The proposed project allows the vehicle storage facility to continue as a permanent use. The establishment has proven to be compatible with surrounding land uses including the nearby office buildings and retail shopping center. 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: C -1. The daily hours of operation are limited to the hours of 5:00 a.m. and 10:00 p.m. C -2. One parking space per 250 square feet of gross floor area is required for the subject property and there is no off -site parking related to the vehicle storage use. A guardhouse Tmpll: 03/08/11 City Council Resolution No. _ Paae 4 of 12 is utilized for security purposes only. Two on -site parking spaces for employees are adequate since the general public and customers are prohibited from accessing the project site. All employees are required to park on -site. C -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. No vehicle repair or service activities are permitted on -site. No outdoor paging system is in existence or is permitted on -site. No signs or identification exist on -site. All loading and unloading of vehicle transports are conducted on -site. C -4. The subject property is currently developed to accommodate approximately 519 vehicles, which are screened from the adjacent rights -of -way along Quail Street, Spruce Street, and Bristol Street. Fencing consists of chain link with solid slats and is fully screened with green landscape. The fence does not exceed eight feet in height. C -5. The facility's location, among existing office and retail development, is appropriate given the use is relatively quiet and is adequately screened from the adjacent right -of- way. The vehicle storage facility is not located near residential uses and the use is characterized by operations which would not result in negative impacts to adjacent properties as a result of noise, odor, or aesthetics. 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: D -1. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Per Fire Department requirements, a fire apparatus roadway, minimum 20 -feet in width, will be maintained. D -2. The project 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. Tmpll: 03/08/11 22 City Council Resolution No. _ Page 5 of 12 Facts in Support of Finding: E -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. E -2. All requirements of the Drainage Area Management Plan within the Orange County NPDES Storm Water Program have been met and are being maintained. E -3. The site has been utilized for vehicle storage inventory since 2003 and has not proven detrimental to the surrounding community. Modification Permit In accordance with Section 20.52.050 (Modification Permits), the City Council must also make the following findings for approval of a modification permit: Finding: F. The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: F -1. The existing landscaping provided at the project site is compatible with the surrounding office and retail development. Existing ground cover, shrubs, and trees are provided to soften the aesthetics of the vehicle storage facility and seamlessly connect the property boundaries with adjacent development. F -2. The facility's location, among existing office and retail development, is appropriate given the use is relatively quiet and is adequately screened from the adjacent right -of- way. The vehicle storage facility was previously established as a temporary use. The facility has been compatible with existing development over the past eight years since it was developed. F -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. Finding: G. The granting of the modification is necessary due to the unique physical characteristics) of the property and /or structure, and /or characteristics of the use. Facts in Support of Finding: Tmpll: 03/08/11 29 City Council Resolution No. _ Page 6 of 12 G -1. The vehicle storage facility is not a parking area that serves a commercial use or is accessible to the general public. The site and vehicles are fully screened from the adjacent streets and properties by fences and landscaping. G -2. One tree per 25 lineal feet of the interior east property line is not provided because the landscape area provided is too narrow to plant trees on the subject property and trees and landscaping are provided on the adjacent property. The existing deviations to the landscape development standards would remain. Finding: H. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Findinq: H -1. Sufficient landscaping consisting of ground cover, shrubs; and trees is already provided on the subject property and sufficient screening is provided to conceal the vehicles stored on -site from adjacent public- rights -of -way and adjacent properties. Finding: There are no alternatives to the Modification Permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. Facts in Support of Finding: 1 -1. The provision of the required trees per the landscape development standards of PC -11 (Newport Place Planned Community) would result in a reduction in the number of vehicles that could be stored at the subject property and would also reduce the width of the drive aisles. 1 -2. The project is comprised of a surface parking lot with a small 200- square -foot security building. The vehicle storage facility is existing and has not proven to be a detriment to surrounding owners, occupants, the neighborhood, or the general public. Minor deviations from the landscape development standards would eliminate the need for future construction and allow the use to continue. Finding: J. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Tmplt: 03108/11 9L) City Council Resolution No. _ Page 7 of 12 Facts in Support of Finding: J -1. The deviation from the landscape development standards will not result in any detriment to public health, safety, or welfare. J -2. The landscaping deviation will not change the density or intensity of the existing commercial use. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. The City Council of the City of Newport Beach hereby approves Use Permit No. UP2011- 024 and Modification Permit No. MD2011 -012 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This resolution shall take become final and effective thirty (30) days after the date of adoption of Ordinance No. 2011 - # #.. 3. This resolution supersedes Use Permit No. UP2003 -037 (PA2003 -222) and Use Permit No. UP2007 -001 (PA2007 -022), which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF OCTOBER, 2011. AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK Tmplt 03108/11' 9- City Council Resolution No. _ Paae 8 of 12 lacn_3rivevi CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 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. Planned Development Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -012 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 Use Permit may be modified or revoked by the City Council or 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. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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 the leasing agent. 8. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. Members of the general public or customers are not permitted onsite. The daily hours of operation shall be limited between the hours of 5:00 a.m. and 10.00 p.m. Any increase in the hours of operation shall be subject to the approval of the Community Development Director and may require an amendment to this use permit. Use of noise generating mechanical equipment, including but not limited to compressors or impact wrenches shall be limited between the daily hours of 8:00 a.m. and 8:00 p.m. Tmplt: 03/08/11 92 City Council Resolution No. _ Paqe 9 of 12 10. At least one parking space for each 250 square feet of gross floor area shall be provided for employees of the proposed facility, but not less than two spaces. 11. All loading and unloading of vehicle transports shall be done on -site, unless otherwise approved by the City Traffic Engineer in conjunction with the approval of an off - loading plan. 12. No vehicles shall be parked or otherwise stored on Bristol Street, Spruce Street, Quail Street or any other public street, public property or private property. 13. Unless an amended use permit is approved by the City Council or Planning Commission, automobile service (including outdoor storage of auto related parts or merchandise), repairs or body and fender repairs or painting as defined in Section 20.70.020(b) of the Newport Beach Municipal Code is prohibited on -site. 14. The boundary fence shall be of solid material or chain link fencing with solid slats. The fence shall not exceed eight feet in overall height. 15. 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. 16. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 17. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 18. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the Newport Beach Municipal Code. 19. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by employees, vehicles, and mechanical equipment. 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 noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Tmplf: 03/08/11 93 City Council Resolution No. _ Page 10 of 12 20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the vehicle storage facility. 21. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control, 22. All mechanical equipment and trash areas shall be completely roofed to protect the trash area from rainwater and storm water runoff. 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this permit. 24. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls, a gate and rooi), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 25. Provisions shall be made for and around the trash enclosure to prevent debris and polluted runoff (originating from the trash enclosure) from entering the public right -of -way. Please refer to the City's Building Division Guidelines as to how on -site runoff containment could be accomplished. 26. 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). 27. The operator of the use shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by the use. 28. The area outside of the facility (including the public sidewalks, walkways, and /or common walkways) shall be maintained in a clean and orderly manner. Tmplt: 03/08/11 94 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the vehicle storage facility. 21. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control, 22. All mechanical equipment and trash areas shall be completely roofed to protect the trash area from rainwater and storm water runoff. 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this permit. 24. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls, a gate and rooi), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 25. Provisions shall be made for and around the trash enclosure to prevent debris and polluted runoff (originating from the trash enclosure) from entering the public right -of -way. Please refer to the City's Building Division Guidelines as to how on -site runoff containment could be accomplished. 26. 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). 27. The operator of the use shall be responsible for the clean up of all on -site and off -site trash, garbage and litter generated by the use. 28. The area outside of the facility (including the public sidewalks, walkways, and /or common walkways) shall be maintained in a clean and orderly manner. Tmplt: 03/08/11 94 City Council Resolution No. _ Paae 11 of 12 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of vehicle inventory and the required trash container enclosure. 30. 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 or indirectly) to City's approval of the Fletcher Jones Vehicle Storage Facility including, but not limited to, the Conditional Use Permit No. UP2011 -024 and Modification Permit No. MD2011 -012. 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 and Building Division Conditions 31. A fire apparatus access roadway shall be provided and maintained throughout the parking area and have an unobstructed width of not less than 20 feet. 32. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Division. 33. The project shall comply with State Disabled Access requirements, unless otherwise approved by the Building Division. 34. The facility shall comply with the Drainage Area Management Plan within the Orange County NPDES Storm Water Program. The applicant or the property owner shall incorporate Best Management Practices in compliance with the clean urban runoff condition of this use permit; and complete the installation or implementation of the recommendations of the Public Works Department and Building Division. This may include the introduction of on -site structural and /or non - structural BMP's (Best Management Practices) facilities or apparatus. 35. The on site area drains that are connected to curb drains that outlet to the public streets shall serve only as a storm overflow outlet. Tmplt: 03108/11 95 City Council Resolution No. _ Paqe 12 of 12 Public Works Conditions 36. The intersection of the private drives, Spruce Street and Quail Street shall provide sight distance for a speed of 45 miles per hour. Slopes, landscape walls, and other obstructions shall not be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirements may be modified at non - critical locations, subject to the approval of the City Traffic Engineer. 37. All on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer or Public Works Department designee. The parking spaces shall meet current parking size standards, unless otherwise approved by the City Traffic Engineer. Vehicular access shall be subject to the approval of the City Traffic Engineer and the Fire Department. 38. All improvements shall be constructed as required by Ordinance and the Public Works Department. Tmpll: 03/08111 90 City Council Attachment No. CC 3 Draft City Council Resolution for Denial 97 •v RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING PLANNED DEVELOPMENT AMENDMENT NO. PD2011 -002, USE PERMIT NO. UP2011 -024, AND MODIFICATION PERMIT NO. UP2011 -012 FOR A VEHICLE STORAGE FACILITY AT 1301 QUAIL STREET (PA2011 -076) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Fletcher Jones Motorcars, with respect to property located at 1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting approval of a planned development amendment, use permit, and modification permit. 2. The applicant requests approval of a planned development amendment to the Newport Place Planned Community to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site does not comply with the landscape development standards, which require one tree to be planted for every five parking spaces within all parking areas and one tree for every 25 linear feet along interior property lines. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration. 3. The subject property is located within the Hotel Site 2 -B Sub -Area of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. 6. At the August 18, 2011 hearing, the Planning Commission received public comments and voted (7 ayes and 0 noes) to recommend approval of the Planned Development Amendment, Conditional Use Permit, and Modification Permit. 7. A public hearing was held on September 27, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The item was continued to the October 11, 2011 City Council Meeting. Planning Commission Resolution No. _ Paqe 2 of 3 8. A public hearing was held on October 11, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with PC- 11(Newport Place Planned Community) Code, a vehicle storage facility requires the approval of a conditional use permit and the project site requires a modification permit for deviations to the landscape development standards. The City Council may approve a conditional use permit and modification permit only after making each of the required findings set forth in Section 20.52.020 and Section 20.52.050. In this case, the City Council was unable to make the required findings based upon the following: 1. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. The sound and lighting resulting from the vehicle storage facility would result in negative impacts to businesses in the vicinity of the establishment. The nuisance noise would be associated with the moving of vehicles, mechanical equipment, and includes activity around the surrounding parking lot. The proposed hours for the vehicle storage facility will increase activity on the project site. Additional nuisance noise associated with the increased activity will disturb local businesses and would not be compatible with the quite enjoyment of their property during the late evening and early morning hours. 2. The site is not physically suitable in terms of design, location, shape, size, and operating characteristics. The property does not provide on -site parking to accommodate the proposed use. The City Council does not consider the existing development on the subject property a unique circumstance resulting in any necessity to warrant approval of the proposed use. 3. The proposed vehicle storage facility is neither required by code nor necessary for the enjoyment of the property. If desired, and as shown through previously approved building permits, the subject property can be utilized to comply with the requirements of the NBMC and the Newport Place Planned Community and be used for general commercial or retail uses. 4. The subject property is consistent in orientation, size and shape with typical lots in this neighborhood which are designed with commercial and mixed -use development. Although, the property is currently developed with infrastructure for a vehicle storage Tmplt: 03/08111 Planning Commission Resolution No. _ Paqe 3 of 3 facility, the use could prove detrimental to the Newport Place Planned Community. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City. 5. Granting of the use permit would provide special privileges to the subject property as the City has required the minimum parking provided by the Zoning Code in similar circumstances with nonconforming commercial uses. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: 1. The City Council of the City of Newport Beach hereby denies Planned Development Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and Modification Permit No. M D2011 -012. 2. This action shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF OCTOBER, 2011. ATTEST: CITY CLERK Tmplt: 03/08/11 102 duty C ounc H Attachment No. CCU 4 Planning Commission Staff Report TIM 104 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 18, 2011 Meeting Agenda Item 3 SUBJECT: Flectcher Jones Vehicle Storage Facility - (PA2011 -076) 1301 Quail Street • Planned Development Amendment No. PD2011 -002 • Conditional Use Permit No. UP2011 -024 • Modification Permit No. MD2011 -012 APPLICANT: Fletcher Jones Motorcars PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY A planned development amendment to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously tapproved for a limited duration under Use Permit No. UP2003 -093 (PA2003 -222) and Use Permit No. UP2007 -001 (PA2007 -022). RECOMMENDATION 1) Conduct a public hearing; and 2) Recommend approval of Planned Development Amendment No. PD2011 -002, Conditional Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -012 to City Council subject to the findings and conditions of approval in the draft resolution (Attachment No. PC 1) and the redlined draft PC -11 (Newport Place Planned Community) text (Attachment No. PC 3). P►iiGZd11I6M[91i; Proiect Settina and Description The subject property is bounded by North Bristol Street to the south, Spruce Street to the west, and Quail Street to the north. Office uses are located to the north, south, and west along Bristol Street, Spruce Street, and Quail Street and a retail shopping center is located to the east of the subject property along North Bristol Street. The property is L- shaped, 161,172 square feet (approximately 3.7 acres) in area. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones 1 105 August 18, 2011 Page 2 VICINITY MAP Subject Property tvv !L�o GENERAL PLAN ZONING v \ K�� 3 10G LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE MU -H2 (Mixed -Use PC -11 (Newport Place Planned Vehicle storage Horizontal ) Community, Hotel Site 2 -13 MU -H2 (Mixed -Use PC -11 (Newport Place Planned NORTH Horizontal) Community, Prof. & Bus. Office Offices Sites 1 & 2 SOUTH CO -G (General SP -7 (Santa Ana Heights Highway 73 and Offices Commercial Office ) Specific Plan CG (General PC -11 (Newport Place Planned EAST Commercial) Community, Industrial Site 1A Offices and Retail and General Commercial Site 3 CO -G (General PC -11 (Newport Place Planned WEST Commercial Office) Community, Industrial Site 3A Offices and General Commercial Site 4 3 10G August 18, 2011 Page 3 Motorcars and is developed with a surface parking lot for up to 519 vehicles on -site and a 200 - square -foot guardhouse for security purposes. Two parking spaces are available on -site for security personnel and employees. Vehicle inventory is stored on -site then moved for sale at the primary dealership, located at 3300 Jamboree Road. Members of the general public or customers are not permitted on -site and vehicle repair does not occur at this location. The daily hours of operation are limited to the hours of 5:00 a.m. through 10:00 p.m., daily. The applicant requests a planned development amendment to continue use of the site as a vehicle storage facility as a conditionally permitted use. In conjunction with this approval, a conditional use permit is requested to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community). The proposed changes to the planned community can be found on pages 34 and 53 of the redlined draft PC -11 (Newport Place Planned Community) text (Attachment No. PC 3). The modification permit is requested to allow minor deviations from the landscape development standards. The PC -11 Zoning District requires trees in the surface parking area for every five parking stalls and trees are not provided within the existing vehicle storage area. The vehicle storage area is not readily accessible to the general public and the entire facility is screened from the adjacent right -of -way by landscaping and a chain link fence with solid covering. In addition, one tree per 25 feet of lineal feet is required along all interior property lines. Under the landscape development standards, a total of 23 trees are required along the east interior property line. The landscaping provided on the subject property is not wide enough to accommodate any of the required trees. Instead, trees and additional landscaping are provided on the adjacent property. Background General Plan Amendment No. GP98 -1 and Use Permit No. UP3640 were approved on February 8, 1999, to change the land use designations from industrial to hotel, auto center to professional business office, and increase the development limit allowed in the PC -11 (Newport Place Planned Community). The subject property was previously utilized as an automobile sales and service site, which was demolished in 2000. On October 21, 2003, Use Permit No. UP2003 -037 (PA2003 -222) was approved for the temporary storage of automobiles by the Planning Commission and on October 15, 2003, Modification Permit No. MD2003 -093 (PA2003- 222) was approved by the Modifications Committee to allow a modification of the landscape standards to allow a fence to encroach up to 5 feet within the required 30- foot landscape setback along North Bristol Street. The Modification Permit, was approved because the encroachment is minor in nature, the property slopes down from the curb elevation at Bristol Street such that the majority of the required landscaped area would not be visible from the street elevation, and there is adequate landscaping 5 -o7 August 18, 2011 Page 4 between the fence and the sidewalk. The Use Permit, which was approved for a two - year duration, expired in October of 2005. However, the Modification Permit remains in effect. Planning Director's Use Permit No. UP2007 -001 (PA2007 -022) was subsequently approved March 27, 2007, to allow the continuation of the temporary outdoor storage of automobiles for a two -year duration at the subject property. A two -year extension of the use permit was approved May 29, 2009, and the use permit subsequently expired April 12, 2011. The subject property continues to be utilized for the storage of new automobile inventory for Fletcher Jones Motorcars. i76Y4i11& -1I P► General Plan The site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use Element. This designation allows for horizontal and vertical mixed -use development including regional commercial office, multi - family residential, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed vehicle storage facility, which would be the sole occupant of the subject property, is consistent with these land use designations. Under the General Plan land use designation of MU -H2, the development limit for the subject property is identified under Anomaly No. 17, which limits the subject property to the development of 33,292 square feet of gross floor area and 304 hotel rooms. The existing development consists of a total of 200 square feet of gross floor area, which complies with the development limit under Anomaly No. 17. Planned Community /Zoning The proposed planned development amendment would allow the vehicle storage facility as a conditionally permitted use at the subject property, which is located on Hotel Site 2 -13 of the PC -11 (Newport Place Planned Community) zoning district. The purpose of the support commercial designations within Newport Place are to allow a variety of retail sales and services of a convenience nature, service uses for building tenants and patrons, and restaurants. The existing vehicle storage is adequately screened from the surrounding properties and will be consistent with the Development Plan for Newport Place upon the adoption of the Planned Development Amendment. Staff has determined that a conditional use permit is appropriate to allow vehicle storage and is consistent with the land use standards in Newport Place. The subject property is not located within the Coastal Zone. 62102 August 18, 2011 Page 5 Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. 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. 5. 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. The proposed use is consistent with the General Plan and the proposed Planned Development Amendment will make the existing use consistent with the PC -11 (Newport Place) zoning district. The draft resolution has been conditioned to limit objectionable conditions due to noise, trash, and deliveries at the facility. The facility's location, among existing office and retail development, is appropriate given that the use is relatively quiet and is adequately screened from adjacent streets and abutting properties. The proposed Planned Development Amendment will allow the property owner to retain the existing use on -site and maintain the flexibility that the existing use standards allow for future development of the site as a hotel or other use. Staff is recommending approval given that the site has previously been utilized for vehicle storage and has not proven detrimental to the community and adequate emergency vehicle access is maintained on -site. Modification Permit In accordance with Section 20.52.050 (Modification Permits), the Planning Commission must also make the following findings for approval of a modification permit for deviations to the landscape development standards: 7 log August 18, 2011 Page 6 1. The requested modification will be compatible with existing development in the neighborhood. 2. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and /or structure, and /or characteristics of the use. 3. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. 4. There are no alternatives to the Modification Permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public. 5. The granting of the modification would not be detrimental to public health, safety, or welfare to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. A modification permit is necessary because trees are not provided within the existing vehicle storage area for every five parking stall because the vehicle storage facility is not a parking area accessible to the general public and the vehicles are fully screened from the adjacent right -of -way. The addition of trees in the vehicle storage area would reduce the number of vehicles that could be parked on -site and would result in potential damage to the new vehicle inventory due to falling foliage and bird droppings. In addition, one tree per 25 lineal feet of the interior southeast property line is not provided. The existing landscape area provided is too narrow to plant trees. Existing trees are located on the abutting property. Additionally, an 8 -foot high wall screens the storage facility from the adjacent properties and rights -of -way. Therefore, staff believes the facts are in evidence for approval of the requested modification permit. Refer to the site photos provided as Attachment No. PC 4. Alternatives Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning M- • Fletcher Jones Vehicle Storage Facility August 18, 2011 Page 7 Commission choose to do so, staff will return with a revised resolution incorporating new findings and /or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the entitlement of an existing vehicle storage facility. No physical change or expansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: .f. Makana No a, Assistant Planner Gregg Raffnifez, Se for Plann/ ATTACHMENTS P0, 1-- Draft Resolution for Approval with Findings and Conditions PG-2=-Draft-Resolution lor-Denial- PC 3 Redlined Draft PC -11 (Newport Place Planned Community,) Text .PC 4 Site Photos PC 5 Project Plans Tmpll: 04/18/11 F:\Users\PLN \Shared\PA's \PAs - 2011 \PA2011. - 076 \PD2011 -002 PC Rpt.docx 9 1 -- 112 City ColltlCll Attachment No. CC Planning Commission Resolution Iis 114 RESOLUTION NO. 1854 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEVVPOIRT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF PLANNED Dl Vt I OPIVIENT AMENDMENT NO. PD2011 -00, USE PERMIT NO. UP2011 -024, AND IIAODIFICATION PERMIT NO. M132011-.012 FOR A VEHICLE STORAGE FACILITY LOCATED AT '1301 QUAIL STREET (PA2011 ••0 76) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Fletcher Jones Motorcars, with respect to property located at 1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting approval of a planned development amendment and use permit. 2. A planned development amendment to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC- 11 (Newport Place Planned Community), and a modification permit to allow rninor deviations to the landscape development standards. The site does not comply with the landscape development standards, which require one tree to be planted for every five parking spaces within all parking areas and one tree for every 25 linear feet along interior property lines. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration. 3. The subject property is located within the Hotel Site 2 -13 Sub -Area of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -1­12 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 115 Planning Commission Itesolution No. 1854 Page 2 of 12 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures facilities, mechanical equipment, or topographical features, involving negligible or no expansion of rise. The proposed project involves the entitlement of an existing vehicle storage facility. K, , � xpansion of the existing use is proposed. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 3, REQUIRED FINDINGS. Use Permit In accordance with Section 20.52.020.17 (Usc 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: A -1. The site is designated MU -1­12 (Mixed -Use Horizontal) by the General Plan Land Use Element. This designation allows for horizontal and vertical mixed -use development including regional commercial office. nnrlli- family residential, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed vehicle storage facility is consistent with these land use designations. A -2. The proposed application will allow the existing vehicle storage use to remain and will not result in a change to the existing floor area or hotel room entitlements. Anomaly No. 17 of the Land Use Element of the General Plan limits the subject property to the development of 33,292 square feet of gross floor area and 304 hotel rooms. A -3. The planned development amendment complies with relevant General Plan policies, the new use is compatible with surrounding land uses, and the addition of vehicle storage as a conditionally permitted use at this site within the Newport Place Planned Community is consistent with other land use standards within the planned community. A -4. 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. Tmr.;. 0310811 t 110 Planning Commission Resolution No. 1854 Page 3 of '12 Facts in Support of Finding: B -1. The subject property is within the Hotel Site 2 -B sub -area of the PC -11 (Newpori Place Planned Community) zoning district. The purpose of the support comn-ercia. designations within Nevdport Place are to allow a variety of retail sales and sewices of a convenience nature, service uses for building tenants and patrons, and restaurants. The existing vehicle storage facility is retail in nature. It is anticipated that the use will have limited parking demand based on the characteristics of the vehicle storage use. TI x - use is adequately screened from the surrounding properties and will be consistent with the Development Plan for Newport Place upon the adoption of the Planned Development Amendment. B -2. The vehicle storage facility is an existing use that was originally permitted for a limited duration in 2003 under Use Permit No. UP2003 -037 (PA2003 -222) and subsequent Use Permit No. UP2007 -001 (PA2007 -022). The proposed project allows the vehicle storage facility to continue as a permanent use. The establishment has proven to be compatible with surrounding land uses including the nearby office buildings and retail shopping center. 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: C -1. The daily hours of operation are limited to the hours of 5:00 a.m. and 10:00 p.m. C -2. One parking space per 250 square feet of gross floor area is required for the subject property and there is no off -site parking related to the vehicle storage use. A guardhouse is utilized for security purposes only. Two on -site parking spaces for employees are adequate since the general public and customers are prohibited from accessing the project site. All employees are required to park on -site. C -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. No vehicle repair or service activities are permitted on -site. No outdoor paging system is in existence or is permitted on -site. No signs or identification exist on -site. All loading and unloading of vehicle transports are conducted on -site. C -4. The subject property is currently developed to accommodate approximately 519 vehicles, which are screened from the adjacent rights -of -way along Quail Street, Spruce Street, and Bristol Street. Fencing consists of chain link with solid slats and is fully screened with green landscape. The fence does not exceed eight feet in height C -5. The facility's location, among existing office and retail development, is appropriate given the use is relatively quiet and is adequately screened from the adjacent right -of- Tmplt: 03108111 -17 Planning Commission Resolution No. 1854 1'a; e 4 of 12 way. The vehicle storage facility is not located near residential uses and the use is characterized by operations which would not result in negative impacts to adjacent properties as a result of noise, odor, or aesthetics. Fin(w1g: 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: D -1. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Per Fire Department requirements, a fire apparatus roadway, minimum 20 -feet in width, will be maintained. D -2. The project 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: E -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. E -2. All requirements of the Drainage Area Management Plan within the Orange County NPDES Storm Water Program have been met and are being maintained. E -3. The site has been utilized for vehicle storage inventory since 2003 and has not proven detrimental to the surrounding community. Modification Permit In accordance with Section 20.52.050 (Modification Permits), the Planning Commission must also make the following findings for approval of a modification permit: Tn,plt: 07108111 112 Planning Commission Resolution Igo. 1854 Page 5 of 12 Finding: F. The requested modification will be compatible with existing development it) the neighborhood. Facts in Support of Finding F -1. The existing landscaping provided at the project site is compatible with the surrounding office and retail development. [Existing ground cover, shrubs, and trees are provided to soften the aesthetics of the vehicle storage facility and seamlessly connect the property boundaries with adjacent development. F -2. The facility's location, among existing office and retail development, is appropriate given the use is relatively quiet and is adequately screened from the adjacent right -of- way. The vehicle storage facility was previously established as a temporary use. The facility has been compatible with existing development over the past eight years since it was developed. Finding: G. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and /or characteristics of the use. Facts in Support of Finding: G -1. The vehicle storage facility is not a parking area that serves a commercial use or is accessible to the general public. The site and vehicles are fully screened frorn the adjacent streets and properties by fences and landscaping. G -2. One tree per 25 lineal feet of the interior east property line is not provided because the landscape area provided is too narrow to plant trees on the subject property and trees and landscaping are provided on the adjacent property. The existing deviations to the landscape development standards would remain. Finding: H. The granting of the modification is necessity due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: H -1. Sufficient landscaping consisting of ground cover, shrubs, and trees is already provided on the subject property and sufficient screening is provided to conceal the vehicles stored on -site from adjacent public- rights -of -way and adjacent properties. I mpll: 03/08111 119 Planning Commission Resolution No. 1854 Page 7 of 12 PASSED, APPROVED AND ADOPTED THIS IOth DAY OF AUGUST, 2011. AYES: Ameri, Flawkins, Hillgren, Krasner, Myers, Toerge, and Unsvorth i%'( )l None.. A13STAIN: None. ABSENT: None. BY: i _ Charles Unsworth, Chairman E 3raclley'Hillgreri, Secretary 7mplt: 03108/11 120 Planning Commission Resolution No. 18541 Page 8 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan. floor plans and building elevations starnped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 2. Planned Development: Arnencinlent No. PD2011 -002, Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -0,12 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 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. 6. This Use Permit may be modified or revoked by the City Council or 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. 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 the leasing agent. 9. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Members of the general public or customers are not permitted on -site. The daily hours of operation shall be limited between the hours of 5:00 a.m. and 10:00 p.m. Any increase in the hours of operation shall be subject to the approval of the Planning Director and may require an amendment to this use permit. Use of noise generating Tmpll: 03/08/11 121 Planning Commission Resolution No. 1854 Page 9 of 12 mechanical equipment, including but not limited to compressors or impact wrenches shall be limited between the daily hours of 8:00 a.m. and 8:00 p.m. 11. At least one parking space for each 250 square feet of gross floor area shall be provided for employees of the proposed facility, but not less than bi. /o spaces. 12. All loading and unloading of vehicle transports shall be done on -site, unless otherwise approved by the City Traffic Engineer in conjunction with the approval of an off-loading plan. 13. A minimum of t vo parking spaces shall be provided on -site for employees. All employees shall park on -site at all times. 14. Repair and service activities (including outdoor storage of auto related palls or merchandise) is prohibited. 15. No vehicles shall be parked or otherwise stored on Bristol Street, Spruce Street; Quail Street or any other public street, public property or private property. 16. Unless an amended use permit is approved by the Planning Commission, automobile service, repairs or body and fender repairs or painting as defined in Section 20.70.020(b) of the Newport Beach Municipal Code is prohibited on -site. 17. The boundary fence shall be of solid material or chain link fencing with solid slats. The fence shall not exceed eight feet in overall height. 18. 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. 19. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public fight -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment pennit or encroachment agreement. 21. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the Newport Beach Municipal Code. 22. 1 -he operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by employees, vehicles, and Tmpll' MUM 1 122 Planning Commission Resolution No. 1854 Page 10 of 12 mechanical equipment. 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 noise generated by the proposed use shall comply with. the provisions of Chapter '10.26 of the Newport Beach Municipal Code. 1 -he rnaxilrwln noise shall be limited to no more than depicted belmv for the specified time period urdess the ambient noise level is higher: 23. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the vehicle storage facility. 24. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 25, All mechanical equipment and trash areas shall be completely roofed to protect the trash area from rainwater and storm water runoff. 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this permit. 27. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls, a gate and root), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 28. Provisions shall be made for and around the trash enclosure to prevent debris and polluted runoff (originating from the trash enclosure) from entering the public right -of -way. Please refer to the City's Building Division Guidelines as to how on -site runoff containment could be accomplished. 29. 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 7mp11: 0310811 ; 12S Behveen the hours of 7:00 a.m. and 10:00 p.m. Behveen the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA NIA 60 dBA Measured at the property line of residentially zoned property: NIP, 60 dBA NIA 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 23. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the vehicle storage facility. 24. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 25, All mechanical equipment and trash areas shall be completely roofed to protect the trash area from rainwater and storm water runoff. 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this permit. 27. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls, a gate and root), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 28. Provisions shall be made for and around the trash enclosure to prevent debris and polluted runoff (originating from the trash enclosure) from entering the public right -of -way. Please refer to the City's Building Division Guidelines as to how on -site runoff containment could be accomplished. 29. 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 7mp11: 0310811 ; 12S Planning Commission Resolution No. 1854 Page 11 of 12 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 30. The operator of the use shall be responsible for the clean up of al! on -site and off site trash, garbage and litter generated by the use. 31. The area outside of the facility (including the public sidewalks, walkways, and /or common walkways) shall be maintained in a clean and orderly manner. 32. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of vehicle inventory and the required trash container enclosure. 33. 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 or indirectly) to City's approval of the Fletcher Jones Vehicle Storage Facility including. but not limited to, the Planned Development Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -012. 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 and Building Division Conditions 34. A fire apparatus access roadway shall be provided and maintained throughout the parking area and have an unobstructed width of not less than 20 feet. 35. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Division. 36. The project shall comply with State Disabled Access requirements, unless otherwise approved by the Building Division. 37. The facility shall comply with the Drainage Area Management Plan within the Orange County NPDES Storm Water Program. The applicant or the property owner shall incorporate Best Management Practices in compliance with the clean urban runoff condition of this use permit; and complete the installation or implementation of. the Trw:! 03/08/11 124 Planning Commission Resolution No. 1854 Page 12 of 12 recommendations of the Public Works Department and Building Division. This may include the introduction of on -site structural and /or non - structural BMP's (Best Management Practices) facilities or apparatus. 38. The on site area drains that are connected to curie drains that outlet to the public streets shall serve only as a storm overflow outlet. Patl3lir.. UUorks Conditions 39. The intersection of the private drives, Spruce Street and Quail Street shall provide sight distance for a speed of 45 miles per hour. Slopes, landscape walls, and other obstructions shall not be considered in the sight distance requirements. Landscaping within the sight line shall not exceed 24 inches in height. The sight distance requirements may be modified at non - critical locations, subject to the approval of the City Traffic Engineer. 40. All on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer or Public Works Department designee. The parking spaces shall meet current parking size standards, unless otherwise approved by the City Traffic Engineer. Vehicular access shall be subject to the approval of the City Traffic Engineer and the Fire Department. 41. All improvements shall be constructed as required by Ordinance and the Public Works Department. Tmpil 03108/11 125 120 City C ouncH Attachment No. CC 6 Planning Commission Minutes 127 122 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/18/2011 access shall be required and that there will be a shared driveway between the units, on the Chair Unsll o Commissioner called for Ex Parte Communication reports from the Commission. Commissioner Myers Commissioner Hillgren staled that he visited the site this afternoon. that he visited the site yesterday. he visited the site. Commission Toerge stated that he vis`rfgd the site. Chair Unsworth stated that he visited the Chair Unsworth opened the Public Hearing. In response to an inquiry from Chair proposal and the revised conditions. Chair Unsworth closed the Public James Kaviani, stated that he agrees with the Motion made by Commission oerge and seconded by Commission Hawkins, and carried (7 — 0) to adopt a resolution approvi Variance No. VA2011 -001, Modification No. D2011 -010, and Parcel Map NP2011 -008, with chan s to condition Number 25, and a change on Page 19, s corrected (Page 13). AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth. NOES: None. ABSENT(R USED): None. ABSTAI . None. Unsworth stated that there is a 14 -day window to submit an appeal for this project. ITEM NO. 3 Fletcher Jones Vehicle Storage Facility (PA2011 -076) 1301 Quail Street A planned development amendment to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 28 of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration under Use Permit No. UP2003 -093 (PA2003 -222) and Use Permit No. UP2007 -001 (PA2007 -022). The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. Assistant Planner Makana Nova provided a staff report and PowerPoint Presentation. Chair Unsworth stated that in regard to handwritten Page 18, the first resolution, he would recommend City Council approval and that there would be no 14 -day appeal period. He further noted that there is a revised Page 3 of 8 129 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/18/2011 resolution, where the language regarding the 14 -day appeal period following the Planning Commission meeting was removed. Community Development Director Brandt stated that the appeal period will not be affected until the Planned Development Text is adopted and that the appeal period begins when the City Council approves the project. Commissioner Hawkins confirmed that for all use permits and modifications, the Planning Commission would be making a recommendation to the City Council, and that the City Council would be making the final decision. Chair Unsworth called for Ex Parte Communication reports from the Commission. Commissioner Kramer stated that he had communication with the applicant. Commissioner Myers stated that he had communication with the applicant and drove by the site. Commissioner Hawkins stated that he had communication with the applicant and visited the site. Chair Unsworth stated that he had communication with the applicant. Commissioner Ameri stated that he had communication with the applicant and the applicant's representative and visited the site. Commissioner Hillgren stated that he had communication with the applicant and visited the site. Chair Unsworth opened the Public Hearing. Vicki Fetterman from Government Solutions, representing the applicant, Fletcher Jones presented an overview of the application and requested the modification permit. Chair Unsworth closed the Public Hearing. Motion made by Commissioner Hawkins and seconded by Commissioner Kramer, and carried (7 — 0) to approve Planned Development Amendment No. PD2011 -002, Conditional Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -012 to City Council subject to the findings and conditions of approval in the revised draft resolution and the redlined draft PC -11 (Newport Place Planned Community) text. AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth. NOES: None. ABSENT(RECUSED): None. ABSTAIN: None. ITEM NO.4 BUSINESS 3002 Breakers On August 4, 2011, the project located _aL3002 ng project approval. and Addition Zrnmission, requested a report on th cess for the approval of a Drive. The requested report was in response is comments Page 4 of 8 ISO City Council Attachment No. CC/ Site Photos IS- 132 now 1 rte•' z� F-1 w- eh.�, v�P.a 1. Frontage on Quail St. I 2. Frontage on Quail St. ter• I 2. Frontage on Quail St. 3. Interior Parking Area 1i "% iw 4. NW corner — Spruce & Quail 4. NW corner — Spruce & Quail I M� t 'Lb +'31� I �C'.+��� _ ,t >. /. i` ��v� :�i�4i�• r 'R�.�. �:� _ -.Ly'. _l1l.Y�_�` ?'. I Kc �.✓^..,.� ��.:. �.:^kr'._ __ _ _ �±: *. :ice' <...__._, .. __ - - ---- -� -- - . �. mow 6. Guard House — Spruce Ave. '�y f S � S mow 6. Guard House — Spruce Ave. Y$' 7. Adjacent Property/Southerly Viev% g, It. 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Bristol St. /Southerly View r WC 1. � :, i AL' � .rn•'i '�� rP � a la+lf ,i.., � A` �� � • .! �' � , , > 1 � w rw yp. - City Counc Attachment Igo. CC 8: Project Plans 1415 140 i; . f I 1(o ,7A L 11, 7-1 v F• 0 ✓ r rVU I,,, 4G 0 HARRIS ."..*m"...... ARCHITECTS 71iaiemm FM71--4ma"l v F• 0 ✓ r rVU I,,, 4G 0 r4k F U WPp \4r0VL City Council October 11, 2011 1301 Quail Street Fletcher Jones Vehicle Storage Facility Planned Development Amendment No. PD2011 -002 Conditional Use Permit No. UP2011 -024 Modification Permit No. MD2011 -012 (PA2011 -062) r Fewport Place Land Use Map �J J Q I- V' ! 5 P 2 U C E TOTAL PARKn /G srALCS -siq I ♦ •I S �OUtVSCA (4.S I�164Gwt✓�s ciJN` /� � � _ ®= 1fGJ11 45TgNg4RD I �7 a a r ni Wf ST. wvM 1 S'awsuN wXC —.. a.v ww aecan,rt u. q [ y; ti7A ti HARRIS ARCHITECTS n•¢aaxo ru nuaa?s'+. _ -nereti _ d d of MO p V' E xee – b` 144- I "s 40 N N J� e 7 V ii~nnp ^i I 1 End iz� _._..,, vi ACL V)F enera I Plan Subject rFti x \ Hq SP-7/ hQ / ffnl ig PC 32 BAYVIEW CIR Sr NEWPORT PIce DR m BOWSPRIT DR PC 11 PC 15 PC 42 hicle Storage Facili 5:00 a.m. to 10:00 p.m., dai is of Operation N J 0 F- e z ti�gr H HARRIS ARCHITECTS - 74 W Rho 9 p YZ p t G werCM" 1 Interior with Surrounding Trees N J 0 F- e z ti�gr H HARRIS ARCHITECTS - 74 W Rho 9 p YZ p t G werCM" V, .pr 2. 1 Adjacent Property, southerly vie r _. 9 P Y2 V t G A V E• AL�F etteY _ TnAL MRKrNC -� r -- � ' N ac Mr,! V' plum '3Sa- ±9p - /l✓ rA4 RD 14 W "1a � S'dlil/Nr -IRIZ � T04 OAMI 1 u • _ tl - `- 3 r327 -r{2 �.! I Y L .., I" - �°�ot &A FAQ r Slz r' ornw 2 '' S11Tc �i.l�N V tc,('f'y HARRIS �Cuu J0(6s A 6T,�t)nt _� —FM ARCHITECTS Y" 3. rontage on Quail r _. 9 P Y2 V t G A V E• AL�F etteY _ TnAL MRKrNC -� r -- � ' N ac Mr,! V' plum '3Sa- ±9S - /l✓ rA4RD 14 W wl�.'dlil/Nr -IRIZ r327 -r{2 I IM!- _ 4 i + Nye Y lvt -j Slz r' ornw (''HA'S1T R.WN V I" - %=&A -FAQ RRIS �Cuu J061 McT,LCt)nt _N POy ARCHITECTS 4.�l Bristol Street southerly view FAL MAKrNC N �o O �s vruY �y,�RA.Y r SeYr V' ®" LIGM>'STANIiA RD N / -AL •lA M1 W1,0• f1 N M• ditYR „r y( 4 M.,' 2 e — _ pstpN• 4bwl _— 9 P Y2 V c C A V G 1 M_ - t"�JiPWh 490 N 0 R r Allf- 3 �O • ' �— w-1 -- - v _ Y�MOf. PMrt IR UI., mmn ' attiY 1 + � sip Pt av �am FAH A R ? I S . o 'Nt Jetiif MOTR/ffff— 6wDi hlu t !t� 1874707 ARCNITECTR +,- - -I,w I- L 5� NW Corner of Spruce and Quail NOTICE IS HEREBY GIVEN that on Tuesday, September 27, 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: Flectcher Jones Vehicle Storage Facility - A planned development amendment to the Newport Place Planned Community to allow vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a modification permit to allow minor deviations to the landscape development standards. The site is currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which was previously approved for a limited duration. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 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 City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. Project File No.: PA2011 -076 Zone: PC -11 (Newport Place Planned Community) Location: 1301 Quail Street Activity No.: PD2011 -002, UP2011 -024, and MD2011 -012 General Plan: MU -H2 (Mixed -Use Horizontal) Applicant: Fletcher Jones Motorcars The item was continued to the October 11, 2011 Council meeting. Leilani I. Brown, City Clerk City of Newport Beach RECEIVED PROOF OF P U B U CATI 0 P►� � OFHCLE OF THE CITY CLERK STATE OE CA1 9FO0 iIIA) CITY OT ,:'`VPORTBEACH ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, October 29, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2011 at Los Angeles, California w k Signature iv G OO F OO m AVM- I�Ce STAVE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, October 1, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. N PUBLIC HEARING E 15 HEREBY that on Toas- Octobec 11, of 7!00. p.m:, a Fearing- will be ad in the :City it Chambers g Aj at 3300 -t Boulevard, t Beach. The incil of the City fort Beach will the following on- o Janes Vehi- age Facility,- A development ant to the Now. lace Planned ity to allow ve- itage as a con- Is on the Executed on October 4, 2011 at Los Angeles, California OVact File No.:. UP2011-024, and 012 J Zone: PC -11 Signature Place Planned Con g I General Plan: Fletcher Jones