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HomeMy WebLinkAbout1665 - RECOMMEND TO CERTIFY THE NEWPORT LEXUS FEIR AND APPROVE GPA, PD, UP, MD, AND TS_848 & 888 DOVE STREET_3901, 3931, & 2961 MACARTHUR BLVDRESOLUTION NO. 1665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE NEWPORT LEXUS FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2004081004) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004 -004, PLANNED COMMUNITY TEXT AMENDMENT NO. 2004 -003, USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030, and TRAFFIC STUDY NO. 2004 -003 FOR PROPERTY LOCATED AT 848 & 888 DOVE STREET & 3901, 3931, & 2961 MACARTHUR BOULEVARD (PA 2004 -153). 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 corner 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; an amendment to the Newport Place Planned Community Development Standards to change the designation of the 3 -acre southerly portion from "Auto Center Site" to "General Commercial' and combine the 3 -acre site and the 5 -acre site into a single site designated Site 7 and to revise use and development regulations in the Planned Community Text to allow construction of 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 Use Permit as required by the Planned Community Text for an automobile dealership and for a wine bar pursuant to the Alcoholic Beverage Ordinance; 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, encroachment of a screening wall and tire and fluid storage areas into a required yard, encroachment of the showroom building into a required yard, and a reduction in the required side yard at the northerly edge of the property; and, a Traffic Study pursuant to the Traffic Phasing Ordinance. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, a Notice of Preparation (NOP) was filed with the State Clearinghouse, which assigned State Clearinghouse No. 2004081004, indicating that an Environmental Impact Report would be prepared. WHEREAS, the NOP and an Initial Study were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on August 2, 2004 and ending on September 1, 2004. WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of a Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse. City of Newport Beach Planning Commission Resolution No. 1665 Page 2 of 23 WHEREAS, the Draft EIR was distributed to agencies, interested organizations, and individuals by the City. The distribution list is available at the City of Newport Beach Planning Department. The Draft EIR dated November 2004 was distributed separately due to bulk and is hereby designated as EXHIBIT EIR -1 of this Resolution as if fully set forth herein. WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant to State law, which commenced on November 29, 2004 and ended on January 12, 2005. WHEREAS, all comments received during the public review period for the Draft EIR were responded to in the Response to Comments document dated March 2005, distributed separately due to bulk and hereby designated as EXHIBIT EIR -2 of this Resolution as if fully set forth herein. The Planning Commission considered all comments and responses during its review of the Environmental Impact Report. WHEREAS, on April 21, 2005, the Planning Commission held a noticed public hearing at which time the draft Final Environmental Impact Report, comprised of the Draft Environmental Impact Report, a listing of persons and organizations that provided written comments on the Draft Environmental Impact Report during the public circulation period, a compilation of those comments, and responses to those comments, was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the draft Final Environmental Impact Report identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less than significant level. 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 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 traffic does not exceed the level of service desired by the City. 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 City of Newport Beach Planning Commission Resolution No. 1665 Page 3 of 23 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 Planned Community Development Standards Newport Place text with amendments proposed as part of this project (Exhibit C) designates the project site as General Commercial consistent with the proposed General Plan designation of Retail and Service Commercial. 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 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: City of Newport Beach Planning Commission Resolution No. 1665 Page 4 of 23 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 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 wine bar proposed in the new car showroom is subject to a Use Permit and to Chapter 20.89 of the Zoning Code, "Alcoholic Beverage Outlets." Consistent with Chapter 20.89, consideration was given to whether or not the use serves public convenience or necessity, to the crime rate in the reporting district and City of Newport Beach Planning Commission Resolution No. 1665 Page 5 of 23 adjacent reporting districts as compared to other areas in the City, to the number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average, to the numbers of alcohol - related calls for service, crimes or arrest in the reporting district and in adjacent reporting districts, and to the proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools as indicated in the administrative record prepared for this project. The Planning Commission determined that the proposed wine bar would not be compatible with the sale and servicing of automobiles proposed as the principal use on the site and the applicant verbally agreed to withdraw this request from further consideration. 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 City of Newport Beach Planning Commission Resolution No. 1665 Page 6 of 23 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 require 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. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find that Environmental Impact Report (State Clearinghouse No. 2004081004) designated by reference as Exhibit EIR -1 of this Resolution has been prepared in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. In addition, the Planning Commission finds that the EIR adequately analyzes project — related impacts, potential cumulative impacts, identifies feasible mitigation measures and discusses project alternatives, and that the Final EIR reflects the independent judgment of the Planning Commission. The Planning Commission hereby recommends that the City Council certify the Environmental Impact Report identified as State Clearinghouse No. 2004081004 including Errata in Exhibit EIR -2. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2004- 004 as in Exhibit "A" and the revised General Plan Land Use Map depicted in Exhibit "B ", Planned Community Text Amendment No. 2004 -003 as in Exhibit "C" and the City of Newport Beach Planning Commission Resolution No. 1665 Page 7 of 23 revised Newport Place Land Use Map as in Exhibit "D ", and Use Permit No. No. 2004- 026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003 all subject to Conditions of Approval set forth in Exhibit "E ". ADOPTED THIS 218` DAY OF APRIL 2005. AYES: Eaton, Cole, Tucker, Selich McDaniel and Hawkins ABSENT: Toerge BY: D -7,�:Z Larry Tucker, Chairman /Z' ZBY: — JeWely Secretary City of Newport Beach Planning Commission Resolution No. 1665 Page 8 of 23 EI R -1 Draft Environmental Impact Report for Newport Lexus (SCH #2004081004) City of Newport Beach Planning Commission Resolution No. 1665 Page 9 of 23 EI R -2 Responses to Comments on the Draft Environmental Impact Report for Newport Lexus (SCH #2004081004) City of Newport Beach Planning Commission Resolution No. 1665 Page 10 of 23 Exhibit "A" 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. City of Newport Beach Planning Commission Resolution No. 1665 Page 11 of 23 Exhibit "B" REVISED GENERAL PLAN LAND USE MAP •tie.( ' �1V �S' K � ` }yy.�+/�:, PROJECT SITE • �_ i kUx RSC IND REVISED GENERAL PLAN LAND USE MAP City of Newport Beach Planning Commission Resolution No. 1665 Page 12 of 23 Exhibit "C" The text of Planned Community Development Standards Newport Place is revised as follows (and all other provisions remain unchanged): STATISTICAL ANALYSIS, PART II., COMM ERCIAUPROFESSIONAL & BUSINESS OFFICES, A. Building Sites, B. Building Area, C. Building Area, D. Parking, E. Landscaped — Open Space, F. Building Heights Site 3A, the 5.2 acre portion of the project site, is deleted from all subsections to reflect the change in designation of the 5.2 -acre site from "Commercial /Professional & Business Offices" to "General Commercial; STATISTICAL ANALYSIS, PART II., AUTO CENTER AND GENERAL COMMERCIAL [8,9] PERMITTED USES, A. Auto Center Building Sites, B. General Commercial Building Sites, C. Building Area, D. Parkin a, E. Landscaping — Open Space, F. Building Height "AUTO CENTER" is deleted from the heading to reflect the change in designation of the 3.0 -acre portion of the project site to "General Commercial'; Subsection A, "Auto Center Building Sites ", is deleted to reflect the change in the designation of the 3.0 acre portion of the project site from "Auto Center" to "General Commercial" and the letter designations of succeeding paragraphs are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under General Commercial Building Sites and the cumulative acreage for that designation is changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Building Area together with potential building area (141,120 sq. ft.) and site acreage (8.20) and the cumulative building areas and acreages are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Parking together with the respective number of parking spaces (357 cars) and parking area (2.98 acres) and the cumulative parking spaces and parking areas are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added to the listing under Landscaping — City of Newport Beach Planning Commission Resolution No. 1665 Page 13 of 23 Open Space together with potential landscaped acreage and the cumulative landscaped acreages are changed accordingly; "Site 7 ", representing the combined 5.2 -acre site and the 3.0 -acre site that comprise the 8.2 -acre project site, is added under Building Height with a maximum permissible building height of fifty -five (55) feet except for vertical projections ( "Lexus logo" tower and stairwell) which may extend to seventy -five (75) feet. Land Use Plan Newport Place Planned Community The line separating the sites designated "Auto Center Site 16" and 'Pro. & Bus. Office Site 3A" on the land use map is deleted. The designations of sites as "Auto Center Site 1 B" and "Pro. & Bus. Office Site 3A" are deleted and the resultant single site is designated "General Commercial Site 7 ". The "Area Summary" is revised by increasing 7.2 ac." corresponding to 'Retail /General Commercial" to "15 ac. ", by reducing the acreage corresponding to "Office" from 70.0 ac." to "65.0 ac. ", and by deleting "Auto Center' and the corresponding "3.0 ac." to reflect the combining of the 5 -acre site "Pro. & Bus. Office Site 3A" with the 3 -acre "Auto Center Site 1 B" into a single site that is designated as "General Commercial Site 7." City of Newport Beach Planning Commission Resolution No. 1665 Page 14 of 23 Exhibit "D" Area Summary Industrial 40.2 ac. Cffire 64.8 ac. R-btiM neRl Commem'ul 15.4 ac. Clmmercel/Resfaumn[ 2.9 C. Cammemomott,1 Motel 10.1 ac. Servke Station 1.2 ac. R&all Toll 134.8 ac. Commemlal 91te1 avMCe _ .. atielon Sle 1 Industrial Site 4 \\ Pro Si Bus. Industrial Ofice Sites i & 2 Sde 3A XWM Slla 1 Pro. & Bus. Office site 5 Pro. & Bus. Office Sit. 4 1. \ 9 wnaw '94e fy Clm Mt. t. 4 ?g a IMUmIN �tb Saet• .?� General Land Use Plan Bit. J'a Newport Place e Planned Community Cammerdal Revised by Arnertdmera 34 sta z Date: TBD REVISED NEWPORT PLACE MAP Ganaral CommerclN mtr 5 Ganwal Clmmrelal wte e Tw 6 Blo. Gftlae Slta 6 Prl. B Bus. \\\\ omce elb i Prw 6 Bus. Orrice 8av 8 General Cammwclal Sim GllreRl Commeml� am 1 i w...+wi. ar. a ..— X.. City of Newport Beach Planning Commission Resolution No. 1665 Page 15 of 23 Exhibit "E" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -026, TRAFFIC STUDY NO. 2004 -003 AND MODIFICATION PERMIT NO. 2005 -030 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 or the sale of alcoholic beverages. 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 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. City of Newport Beach Planning Commission Resolution No. 1665 Page 16 of 23 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 City of Newport Beach Planning Commission Resolution No. 1665 Page 17 of 23 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 a grading 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 sedimentfrom run -off and allow clarification prior to discharge. City of Newport Beach Planning Commission Resolution No. 1665 Page 18 of 23 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 building permit, the final design of all on -site parking, vehicular circulation and pedestrian circulation 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 on to 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 minimum 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 City of Newport Beach Planning Commission Resolution No. 1665 Page 19 of 23 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 certificate of occupancy, the applicant shall submit for review and approval by the Planning Director and Traffic Engineer the vehicular route that dealership representatives and customers must follow when test driving new or used vehicles as required as a condition of approval of Use Permit 2004 -026. 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. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -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 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. C. Light standards for parking areas shall not exceed twenty feet in height City of Newport Beach Planning Commission Resolution No. 1665 Page 20 of 23 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. 9. 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: City of Newport Beach Planning Commission Resolution No. 1665 Page 21 of 23 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 gurney 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 City of Newport Beach Planning Commission Resolution No. 1665 Page 22 of 23 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; h. Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public streets; L 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- City of Newport Beach Planning Commission Resolution No. 1665 Page 23 of 23 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.