HomeMy WebLinkAbout2005-27 - PA2004-153 - Lexus Automobile DealershipRESOLUTION NO. 2005- 27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
• BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2004-004,
USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -003,
AND TRAFFIC STUDY NO. 2004 -003 FOR PROPERTY LOCATED AT
848 & 888 DOVE STREET AND 3901, 3931, & 3961 MACARTHUR
BOULEVARD (PA2004 -153).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Wilson Automotive Group for
property identified as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur
Boulevard located at the southwesterly comer of the intersection of MacArthur Boulevard
and Jamboree Road. The application requests approval of: a General Plan Amendment to
change the land use designation from "Administrative, Professional and Financial
Commercial' to 'Retail and Service Commercial" for the 5 -acre northerly portion of the
site and establish a maximum developable gross floor area of 139,000 square feet for
the entire 8 -acre project site; a Use Permit as required by the Planned Community Text
for a 114,485 square -foot automobile dealership comprised of a 42,142 square -foot
automobile showroom building and a 72,343 square -foot service department facility; a
Modification Permit to allow encroachment of vehicle display areas into required
landscaped yards, encroachment of eight (8) new vehicle display pads into required
• yards, and encroachment of a screening wall and tire and fluid storage areas into a
required yard; and, a Traffic Study pursuant to the Traffic Phasing Ordinance.
WHEREAS, On April 21, 2005, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this application.
WHEREAS, the Planning Commission voted unanimously (6-0) to recommend
approval of the General Plan Amendment, Use Permit, Modification Permit and Traffic
Study to the City Council. Prior to making the recommendation, the Planning
Commission reviewed the Draft Final EIR (State Clearinghouse No. 2004081004),
comments received on the EIR and Responses to Comments, and recommended
certification of the Draft Final EIR as compliant with California Environmental Quality
Act.
WHEREAS, on May 10, 2005, the City Council held a public hearing in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the aforesaid meeting was given. Evidence, both written and
oral, was presented to and considered by the City Council at this meeting.
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared which sets forth
objectives, supporting policies and limitations for development in the City of Newport
• Beach and designates the general distribution and general location and extent of the
uses of land and building intensities in a number of ways, including floor area
limitations.
WHEREAS, the General Plan Land Use Element provides for redevelopment of
• older or underutilized properties and preservation of property values through
establishment of floor area limits allowing for modest growth based on trip generation
characteristics of land uses to ensure that minimum levels of service desired by the City
are not diminished. The proposed amendment of the Land Use Element (Exhibit A)
changes the designation of a 5 -acre portion of the project site from Administrative,
Professional and Financial Commercial to Retail and Service Commercial and does not
result in an increase in the floor area limit established for the subject site and allows for
redevelopment of the underutilized subject site and with required mitigation measures
will not generate traffic in amounts that would result in an undesirable level of service in
the circulation system as indicated in the traffic study prepared for this project.
WHEREAS, consistent with Charter Section 423, Council Policy A -18 requires
that proposed General Plan Amendments be reviewed to determine if voter approval is
required. Voter approval is not required for the subject General Plan Amendment
because it will not result in generation of more than 100 peak hour trips, will not
increase allowable building area, and does not include any dwelling units. Peak hour
trip analysis for the subject General Plan Amendment included trips generated by the
proposed project plus 80% of the increase in trips associated with a previous General
Plan Amendment in the same General Plan Statistical Area and indicated an increase of
21.26 AM peak hour trips and 31 PM peak hour trips. The project will be tracked as a
prior amendment per Charter Section 423 and Council Policy A -18.
• WHEREAS, the General Plan requires that the City maintain suitable and
adequate standards for landscaping, sign control, site and building design, parking and
other development standards to ensure that commercial projects are aesthetically
pleasing and compatible with surrounding land uses. The City maintains and
implements development standards through the Zoning Ordinance which enables
adoption of Planned Community District Regulations, approval of Use Permits for
certain uses, and approval of Modification Permits. The Planned Community
Development Standards Newport Place includes permitted uses and uses permitted
subject to a Use Permit, regulations that ensure that the size and scale of the building,
the number of parking spaces provided, the building setbacks provided, the areas of
landscaped yards, and the design and placement of signs result in a project that is
aesthetically pleasing and compatible with surrounding land uses consistent with
objectives of the Municipal Code.
WHEREAS, the proposed project is subject to a Use Permit consistent with the
Planned Community Development Standards Newport Place text with amendments
proposed as part of this project. The location and design of the proposed use and
facilities and the proposed conditions of the Use Permit under which the use would be
operated or maintained will be consistent with the General Plan and the purpose of the
district in which the site is located; will not be detrimental to the public health, safety,
peace, morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or improvements
•
in the vicinity or to the general welfare of the City for the following reasons:
1. All potentially significant environmental effects will either be avoided or reduced
to a less than significant level through the implementation of mitigation measures
• as identified in the Final EIR for this project.
2. The proposed use and improvements are located adjacent to the rear wall of a
retail commercial center and separated from office buildings by Jamboree Road,
MacArthur Boulevard, and Dove Street such that appropriate separation of uses
and buildings is provided. The proposed facility is substantially consistent in
design, quality of materials, scale, and building volume with nearby structures. A
condition of approval of the Use Permit requires that the applicant submit a
detailed sign plan and program for review by the Planning Commission.
3. Adequate vehicular access to the site can be provided from MacArthur Boulevard
and from Dove Street as indicated in a circulation study and a weaving analysis
prepared for the proposed project. Vehicular access points are situated as to
provide safe ingress and egress to the site. Conditions of approval of the Use
Permit include street improvements at MacArthur Boulevard and Bowsprit and
the installation of on -site directional signs to direct drivers to exit the site onto
Dove Street rather than onto MacArthur if intending to turn left from MacArthur
onto eastbound Jamboree Road as means to enhancing safe vehicular
movements near the site. In addition, the applicant is required to restrict the
route used for new and used vehicle test drives as described in the conditions of
approval.
4. No noise sensitive receptors are located near the proposed facility. Potential
• impacts from construction and operational noise will be reduced to less than
significant levels through FEIR Mitigation Measures M -XI.1 and M -XI 2 which limit
hours of construction and require noise barriers and through a Use Permit
condition requiring a noise study to assure that noise levels at property lines
nearest the automobile service facility and car wash are consistent with the City's
noise standards.
5. Nighttime lighting of the dealerships will be subject to FEIR Mitigation Measures
M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and operations
controls that minimize potential lighting and glare impacts.
6. The proposed project includes on -site parking in excess of that required by the
Planned Community Development Standards Newport Place. In addition, a
condition of approval of the Use Permit requires that the applicant ensure that
employees of Newport Lexus park only on the dealership site.
WHEREAS, a request for a Use Permit for a wine bar in the new car showroom
of the proposed facility was withdrawn from further consideration by the applicant at the
Planning Commission public hearing;
WHEREAS, a request for approval of a Modification Permit is included with this
application because the landscaped front yard adjacent to Jamboree Road is proposed
to be a minimum of 18 feet rather than 30 feet as required by the Planned Community
• Development Standards Newport Place (PC Text), because eight (8), circular
automobile display pads are proposed in the landscaped yards at Jamboree Road,
MacArthur Boulevard, and Dove Street, because the front yard between the showroom
building and the Dove Street property line is proposed to be a minimum of 28 feet rather
than 30 feet as required by the PC Text, and because a 10 -foot high architectural
• screening wall and tire and vehicle fluid storage areas are proposed at a minimum of 10
feet from the Dove Street property line within the 30 -foot front yard required by the PC
Text. Chapter 20.93 of the Zoning Code authorizes granting of a Modification Permit
whenever strict application of provisions of the Zoning Code, including those applicable
to landscaped yards and required building setbacks in front yards, would preclude a
reasonable use of property. Because a 60 foot -wide easement for a water line and a
storm drain bisect the proposed project site, the possible need for future repair or
replacement of these lines by the City requires that sufficient access be maintained and
that no building or structure be located across the easement. Compliance with
minimum required front yards at each of three street frontages abutting the project site
further restricts the area that may be developed with buildings. Approval of a
Modification Permit to accommodate these project components would not be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood, would no be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City, and would be
consistent with the legislative intent of the Zoning Code for the following reasons:
1. The landscaped yard adjacent to Jamboree Road has a variable depth ranging
from 52' -6" to 18' from the existing right -of -way line results in landscaped yard
area significantly greater in area than that which would result from incorporation
of landscaped yard with a constant depth of 30 feet. No buildings will encroach
into this landscaped yard thereby avoiding possible inappropriate building
• massing near lot lines.
2. The front yard at the automobile showroom is 28 feet at its narrowest point and
40 feet at the widest point which results in landscaped yard area significantly
greater than that which would result from incorporation of a landscaped yard with
a constant depth of 30 feet.
3. The 10 -foot high architectural screening wall at Dove Street provides a visual
barrier between the street and the interior of the service building and screens the
tire and fluid storage areas from view from Dove Street and the 10 -foot yard
proposed shall be heavily landscaped to enhance the streetscape. A condition of
approval of the Use Permit and the Modification Permit requires installation of
minimum 36 -inch box trees and minimum 5- gallon shrubs in this 10 -foot yard.
4. The proposed encroachments do not occur adjacent to any structures on another
property but at rights -of -way that provide sufficient distance between the
proposed buildings and those on other properties.
5. Increase in the sizes and numbers of plants provided at each front yard provide
adequate visual relief and separation to compensate for reduction in minimum
distances.
WHEREAS, a Traffic Study was prepared under the direction and supervision of
• the City Transportation /Development Services Manager in accordance with the
requirements of the Traffic Phasing Ordinance (TPO). The study found that the
proposed project would result in a decrease in the level of service at the intersection of
Irvine Avenue and Mesa Drive from "D" to "E ". Circulation improvements at the Irvine
Avenue /Mesa Drive intersection that the applicant is required to make and /or fund, as a
• condition of project approval and pursuant to a reimbursement program or otherwise,
will mitigate this decrease in level of service such that the project will neither cause nor
make worse an unsatisfactory level of service.
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2004081004) certified by City Council Resolution No. 2005- 26 identifies potential
significant impacts to the environment and certain mitigation measures designed to
avoid such impacts or reduce them to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED
Based on the aforementioned findings, the City Council hereby approves General Plan
Amendment No. 2004 -004 as in Exhibit "A" and the revised General Plan Land Use
Map depicted in Exhibit "B ".
NOW, THEREFORE, BE IT FURTHER RESOLVED
Based on the aforementioned findings, the City Council hereby approves Use Permit
No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003
subject to Conditions of Approval set forth in Exhibit "C and subject to adoption of
Ordinance No. 2005 -8 approving Planned Community Text Amendment No. 2004-
003.
is This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 24th day of May, 2005
by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, Rosansky, Ridgeway, Daigle, Mayor Bromberg
NOES, COUNCIL MEMBERS Nichols
ABSENT, COUNCIL MEMBERS
ATTEST:
Webb
MAYOR
CITY CLERK
Exhibit "A"
40 The following text in the General Plan Land Use Element under Airport Area (Statistical
Area L4) shall be revised from:
2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The site is designated for
Administrative, Professional and Financial Commercial and Retail and Service
Commercial land use. The site is allocated 204,530 sq. ft. plus 3.0 acres for auto
center use.
to read as follows:
2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The site is designated for
Retail and Service Commercial and for Administrative, Professional and Financial
Commercial land uses. The site is allocated 228,530 sq. ft.
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Exhibit "B"
REVISED GENERAL PLAN LAND USE MAP
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REVISED GENERAL PLAN LAND USE MAP
Exhibit "C"
• CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2004 -004, USE
PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030, AND TRAFFIC
STUDY NO. 2004 -003
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved site plans,
floor plans, and elevations marked as Exhibit No. A to Planning Commission Staff
Report for PA 2004 -153 dated April 21, 2005.
3. The service canopy shall provide minimum 15' — 0" vertical clearance over the
water line and storm drain easement unless otherwise approved by the City.
4. 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. The
Use Permit does not permit the use or operation of a wine bar.
• 5. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
6. Any material 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. 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.
8. 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.
9. Use Permit No. 2004 -026 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
10. Traffic Study No. 2004 -003 shall expire unless exercised within 24 months from the
date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal
• Code. This approval shall be deemed exercised by the issuance of a building
permit to construct the proposed automobile dealership.
11. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings
shall be completed no more than 60 months from the date of final approval of
• Traffic Study No. 2004 -003.
12. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be notified of the conditions of this approval by the current owner or
leasing company.
13. 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 Newport Beach Building Department and the Fire Department.
14. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
15. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
16. The operator of the facility shall be responsible for ensuring that employees of the
project automobile dealership park only on -site in areas designated for employee
parking consistent with approved building plans.
• 17. The operator of the facility shall be responsible for the control of noise generated by
the subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code.
18. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
19. 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.
20. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or
that would attract large crowds, involve the sale of alcoholic beverages, include
any form of on -site media broadcast, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
21. Prior to the issuance of grading /building permits, Fair Share Traffic Fees shall be
paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code.
•
22. Prior to the issuance of grading /building permits, transportation corridor fees shall
be paid in accordance with the TCA Major Thoroughfare and Bridge Fee
• Program.
23. Prior to the issuance of grading /building permits, the final design of all required
off -site right of way improvements shall be reviewed and approved by the Public
Works Department and Traffic Engineer.
24. Prior to the issuance of grading /building_ permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
25. Prior to the issuance of agrading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
• The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
26. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMP's, and assignment of
long term maintenance responsibilities (which shall also be included in the
Maintenance Agreement). The plan shall be prepared to the format shown in
"Attachment C" of the DAMP title "Water Quality Management Plan Outline" and
be subject to the approval of the City.
27. Prior to the issuance of a grading permit, the applicant shall provide proof of filing
for an NOI with the SWRCB and prepare a project SWPPP that will describe the
BMP's to be implemented during project construction.
• 28. Prior to the issuance of a buildingi)ermit, the final design of all on -site parking,
vehicular circulation, pedestrian circulation, and exiting through driveways, and
driveway approaches shall be subject to the approval of the Traffic Engineer. The
location, number, and dimensions of the parking spaces shall be in substantial
conformance with the approved site plan.
• 29. Prior to the issuance of a building permit, the applicant shall submit for review of the
Traffic Engineer a plan for installation of on -site directional signs at appropriate
locations as deemed necessary by the Traffic Engineer to direct drivers to exit the
site onto Dove Street, rather than on to MacArthur, if intending to turn left from
MacArthur onto eastbound Jamboree Road.
30. Prior to the issuance of a building permit, the trash enclosure design shall be
approved by the Planning Department. The trash enclosure shall be enclosed by
three walls, a self - closing, self - latching gate and shall have a decorative, solid roof
for aesthetic and screening purposes. The design of the enclosure shall be
integrated with the design of the other on -site buildings and structures.
31. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
include, at a minimum, 36 -inch box trees and 5- gallon container shrubs in the
ten -foot landscaped front yard between the service building screening wall and
the Dove Street right of way required as a condition of approval of Modification
Permit No. 2005 -0303. The landscape and irrigation plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans
shall be approved by the Planning Department, General Services Department
and Public Works Department. All planting areas shall be provided with a
• permanent underground automatic sprinkler irrigation system of a design suitable
for the type and arrangement of the plant materials selected. The irrigation
system shall be adjustable based upon either a signal from a satellite or an on-
site moisture- sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
32. Prior to the issuance of a building permit, the applicant shall submit for review of
the Traffic Engineer the vehicular route that dealership representatives shall
require that customers follow when test driving new or used vehicles.
33. Prior to the issuance of a building permit, in accordance with the City of Newport
Beach General Plan and Planned Community Standards for Newport Place, the
applicant shall submit design plans to the City of Newport Beach for review to
ensure consistency with the surrounding area and all conditions of approval.
34. Prior to the issuance of a building permit, the applicant shall submit a detailed
sign plan and program for review by the Planning Commission and an application
for Modification Permit if required by the PC text. The final location of the signs
shall be reviewed by the City Traffic Engineer and shall conform to City Standard
•11 0 -L to ensure that adequate sight distance is provided.
35. Prior to the issuance of a building permit, the applicant shall prepare a lighting
plan and photometric study for approval by the Planning Director. The buildings
• and grounds shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America or
based on the opinion of the Planning Director that the illumination creates an
unacceptable negative impact on surrounding land uses or environmental
resources. The Planning Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated. The lighting
plan shall include design features to minimize impacts of light and glare on the
surrounding area as follows:
a. All lighting fixtures shall be consistent with Illuminating Engineering
Society of North America ( IESNA) "sharp cut -off' fixtures, and will be fitted
36. Prior to issuance of a building permit, the applicant shall submit project plans to
the FAA to be evaluated under the FAR Part 77 procedure and to the ALUC for a
Determination of Consistency or Inconsistency with the JWA AELUP.
37. Prior to issuance of a building permit, applicant shall provide Letter of Closure
from the County of Orange Health Care Agency for any leaking underground
storage tank previously located on the site.
38. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
• a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
with flat glass lenses and internal and external shielding.
b.
Exterior, on -site lighting shall be shielded and confined within site
boundaries; no direct rays or glare are permitted to shine on public streets
or adjacent sites or create a public nuisance.
G.
Light standards for parking areas shall not exceed twenty feet in height.
d.
All fixtures shall be parallel with the finished grade of the project site; no
fixtures shall be tilted above a 90- degree angle.
e.
Lighting levels will be appropriately designed to fall within the IESNA
•
recommendations for automobile dealerships.
f.
Site lighting systems and showroom lighting shall be grouped into control
zones to allow for open, closing, and night light/security lighting schemes.
All control groups shall be controlled by an automatic lighting control
system utilizing a time clock, photocell, and low voltage relays.
g.
Design and layout of the site shall take advantage of landscaping, on -site
architectural massing, and off —site architectural massing to block light
sources and reflection from cars.
36. Prior to issuance of a building permit, the applicant shall submit project plans to
the FAA to be evaluated under the FAR Part 77 procedure and to the ALUC for a
Determination of Consistency or Inconsistency with the JWA AELUP.
37. Prior to issuance of a building permit, applicant shall provide Letter of Closure
from the County of Orange Health Care Agency for any leaking underground
storage tank previously located on the site.
38. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
• a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
•
C. Any imported soil for general grading shall have a Expansion Index of less
than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over - excavate and moisture soils condition below foundations, floor slabs
and hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
i. Use of rigid foundation and floor slabs.
39. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide fire sprinklers for all buildings;
b. Provide Class I standpipes for parking structure in addition to fire
sprinklers;
C. Elevators shall be capable of accommodating a gumey in accordance with
Chapter 20 of the California Building Code, 2001 Edition;
d. Provide on -site hydrants;
e. All gates to property shall be automatic and provided with opticom and
• knox key.
40. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been installed in
accordance with the approved plans.
41. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare as specified in these
conditions.
42. Prior to issuance of the certificate of occupancy, the applicant shall conduct a
noise study and provide verification of the results of such study to the Planning
Department to assure that noise levels at property lines nearest the service
facility and car wash comply with the City's noise standards.
43. Prior to issuance of the certificate of occupancy, to mitigate the TPO impact,
restripe the westbound approach at the intersection of Irvine Avenue and Mesa
Drive to provide one left turn lane, one shared through /left lane and one right -turn
lane. In addition, necessary signal modifications will be made to implement split-
phase signal operation on the east -west approaches.
44. Prior to issuance of a certificate of occupancy, applicant shall make the required
improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to
• reduce the curb radius of the eastbound free right turn on Bowsprit Drive to
MacArthur Boulevard to approximately 35 feet to slow turning traffic and to
increase the distance between Bowsprit Drive and the project entrance.
45. During construction of the proposed improvements:
a. construction vehicles shall not block roadways on any roads adjacent to
the project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes proper tuning and timing of engines. Equipment
maintenance records and equipment design specification data sheets
shall be kept on -site during construction;
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
d. on -site diesel fueled construction equipment will be fueled with aqueous
diesel fuel;
e. cover all trucks hauling soil, sand, and other loose materials, or require all
trucks to maintain at least two feet of freeboard;
• f. pave, water (three times daily), or apply non -toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction
sites;
g. sweep all paved access roads, parking areas, and staging areas at
construction sites daily with water sweepers;
In. Sweep streets daily with water sweepers if visible soil material is carried
onto adjacent public streets;
i. hydroseed or apply non -toxic stabilizers to inactive construction areas;
j. enclose, cover, water (twice daily), or apply non -toxic soil binders to
exposed stockpiles (dirt, sand, etc.);
k. limit traffic speeds on unpaved roads to 15 miles per hour;
I. install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
• minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts.
• 46. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
47. 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 Department. 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).
48. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
49. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate) or otherwise be screened from view of
• neighboring properties, except when placed for pick -up by refuse collection
agencies. The 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.
•
•
J
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2005 -27 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of May 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Ridgeway, Daigle, Mayor Bromberg
Noes: Nichols
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of May 2005.
(Seal)
City Clerk
Newport Beach, California