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Home My WebLink About13 - Fletcher Jones DA Review - PA2009-052CITY OF F �g�wP�RT NEWPORT BEACH City Council Staff Report Agenda Item No. 13 March 13, 2012 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: Fern Nueno, Assistant Planner APPROVED: � 0. Y �q TITLE: Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 -052) ABSTRACT An annual review of the Development Agreement for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION 1) Conduct a public hearing; 2) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 3) Receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars (Attachment B). FUNDING REQUIREMENTS There is no fiscal impact related to this item. DISCUSSION Section 15.45.080 of the Municipal Code requires the City Council to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review must be conducted at least once every twelve (12) months from the date on which the agreement is executed. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the 1 City Council find that the applicant has not complied in good faith with the agreement, the City Council may terminate or modify the agreement. Background On September 11, 1995, the City Council approved Development Agreement No. 9 ( "DA ") between the City of Newport Beach and Fletcher Jones Motorcars, Inc. The purpose of the DA was to allow for the development of a previously undeveloped site, known as San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership, which was previously operating in another area of the City. In conjunction with the DA, on September 11, 1995, the City Council approved General Plan Amendment No. 95 -1 (D), Local Coastal Program Amendment No. 39, Amendment 823 (amendment to PC -42 San Diego Creek North), Use Permit 3565, Traffic Study No. 108, and an amendment to Development Agreement No. 6 (CIOSA). The term of the DA is for twenty (20) years and will be in effect up to the year of 2016. The auto dealership has been in operation at this location since September 1997. The DA is available online at: http:// www. newportbeachca .gov /developmentagreements. At the last annual review on May 24, 2011, the City Council found Fletcher Jones to be in good faith compliance with the Development Agreement. Terms and Conditions and Past Reviews Fletcher Jones Motorcars is subject to the terms and conditions specified in Development Agreement No. 9. The obligations under the DA include requirements for obtaining land, development of the site, and fees /payments. The City obligations include assisting Fletcher Jones Motorcars with non -City permits, constructing the Bayview Drive extension, acquiring land from Irvine Company and Caltrans, and sharing certain costs. The original construction and subsequent remodels or additions were /are reviewed at the time of plan check and permit issuance. During the 1999 review, the City Council found all but two conditions of the DA had been met. During the 2009 review, the City Council found that the remaining conditions had been met, which were in regards to payments for the Bayview Drive extension and landscaping requirements. During the 2011 review, the City Council reviewed the construction from the previous year, addressed complaints, and found Fletcher Jones Motorcars to be in good faith compliance with the DA. Annual Review Since the last review, a canvas canopy over the vehicle detailing area was installed and the spray booth was retrofitted. These improvements were determined to be in compliance with the DA prior to permit issuance. 2 Since the last annual review, two (2) code enforcement issues were identified and subsequently resolved. In August 2011, a complaint was received regarding glare from interior lighting and one (1) exterior fixture. Code Enforcement staff conducted an inspection and did not observe a violation; however, Fletcher Jones Motorcars staff proactively reset the interior timer and adjusted the exterior lighting fixture to ensure glare problems did not arise. In October 2011, a complaint was received regarding employee parking along Bayview Way (west of Jamboree Road), which is in violation of Use Permit conditions of approval. Code Enforcement staff contacted Fletcher Jones Motorcars management and requested compliance with the Use Permit conditions. Fletcher Jones Motorcars was very cooperative and resolved the issue in a timely manner. No further complaints have been received. After reviewing the Annual Report (Attachment B) and applicable documents, staff believes that Fletcher Jones Motorcars continues to comply in good faith with terms and conditions of the Development Agreement. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the sites and the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. 3 Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 -052) March 13, 2012 Page 4 Submitted by: Kimberly Brandt, Al Community Develop ent Director Attachments: A. Vicinity Map for Fletcher Jones B. Fletcher Jones Status Report 4 City Council Attachment A Vicinity Map for Fletcher Jones 0 'g, W PI'k 1, F \ n 3300_Jamboree.mxd May/2011 Fletcher Jones Motorcars 3300 Jamboree Road 250 500 Feet Nr�ar 7 q City Council Attachment B Fletcher Jones Status Report I 10 GOVERNMENT IFASOLUTIONS-- March 1, 2012 Ms. Fern Nueno Assistant Planner City of Newport Beach 330o Newport Blvd. Newport Beach, CA 92658 RE: Fletcher Jones Motorcars, Development Agreement # 9 Dear Ms. Nueno: In response to the request of the City for an updated status report on Development Agreement ( "DA ") No. 9 for Fletcher Jones Motorcars (FJM), we note that as stated in the city's 2011 Staff Report, FJM was found to be in complete compliance with the DA and has completed all of the requirements of DA No. 9. The dealership continues to generate the significant sales tax revenues to the City that was anticipated by the agreement. Let us know if you have any further questions. Sincerely, A V� rV Carol McDermott, Principal Government Solutions, Inc. cc: Garth Blumenthal, Fletcher Jones Motorcars Larry Lewis, Fletcher Jones Motorcars i San Joaquin Plaza, Suite 230 • Newport Beach, CA 92660 • 949 - 717 -7943 main • 94 0,717 -7942 fax • www.govsol.com 11 CITY CAk"FS%EFFICE AFFIDAV,ITtGFP6StkG OFFICE OF W- GAY CLERK On rr ?�RT�E N M Y� %1 2 , 2012p6o'sted't e otice of Public Hearing regarding: Annual Review of Development Agreement for Fletcher Jones PA2009 -052 Date of City Council Public Hearing: March 13, 2012 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 13, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport Beach and Fletcher Jones Motorcars, Inc. The purpose of the Development Agreement was to allow for the development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership. The City Council will review Fletcher Jones' good faith compliance with the provisions of the Development Agreement. Fletcher Jones Motorcars is located at 3300 Jamboree Road. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by. Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the 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 Fern Nueno, Assistant Planner, at 949 - 644 -3227 or fnueno @newportbeachca.gov. A � Leilani Brown, City Clerk City of Newport Beach �.A Jam Free Printing www.avery.com Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY 5160 442 071 23 Fletcher Jones Motorcars Attn: Fletcher Jones Jr. 1301 QUAIL ST NEWPORT BEACH, CA 92660 442 071 20 JONES MOTOR CARS 3300 JAMBOREE RD NEWPORT BEACH, CA 92660 Fletcher Jones Management Group Attn: Fletcher Jones Jr. 175 E Reno, C -6 Las Vegas, CA 89109 442 281 04 COUNTY OF ORANGE PO BOX 4106 SANTA ANA, CA 92702 442 282 06 SK HART BAYVIEW LLC 46 W BROADWAY SALT LAKE CITY, UT 84101 Government Solutions Attn: Carol McDermott 1 San Joaquin Plaza, Suite 230 Newport Beach, CA 92660 442 282 01 HMH PROPERTIES INC PO BOX 579 LOUISVILLE, TN 37777 119 261 15 STATE OF CALIFORNIA 650 HOWE AVE SACRAMENTO, CA 95825 Created: 02/27/2012 rmay PA2009 -052 2012 Annual Review of Development Agreement for Fletcher Jones A83AV-09-009-L @09L5 31V1dW31 ®AAanV ash ® 09LS pA$ CJ worAGane nmmM 6ulluud 88JA wu f Annual Review of Development Agreement No. 9 Fletcher Jones Motorcars PA2009 -052 City Council Public Hearing March 13, 2012 r 4 F v ;i wpa-;;% ,tA�1 �LIFOR Fletcher Jones Motorcars