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HomeMy WebLinkAboutExhibit 6Exhibit No. 6 �A Planning Commission Minutes 10/09/2003 Page 16 of 18 N,. Regulations. hairy n McDaniel noted he supports a 2,500 square foot building tha requires t6 arking spaces, which is what the current site plan provides and the parking can be dropped from the application. ;aiver ommissioner lic dded that he would like to see a condition tha mployees park site d not on the streets. ommissioner Tucker stated h ould like to see the color of the food marl he same as the shopping center n door as we are trying to have this be uniform look. Chairperson McDaniel recapped the previousgestions to the applicant. Commissioner Kiser noted the conditions 21, 22, 46, referring to the kitchen equipment. Should those be in there? Staff answered they will consider those as there may be som aking, etc. and may need to be left in to comply with the applicable Buildi or Fire Codes. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None OBJECT: Gugasian Property (PA2003 -174) ITEM NO. 4 900 —1040 W. Coast Highway PA2003 -174 Development Plan for the redevelopment and construction of an existing Continued to ommercial center located in the Mariner's Mile area. The project also 01/08/2004 includes a Use Permit for the operation of a vehicle sales facility within the redeveloped center. Three existing buildings totaling approximately 17,00 quare feet will be demolished and replaced with an 11,300 square foe automobile sales building and two retail /office buildings totaling approximately 12,500 square feet. the request also includes a parking edification to reduce the minimum number of parking spaces. Mrs. Wood reported that the applicant has requested a continuance of this item to 01/08/2004. Motion was made by Commissioner Tucker to continue this item to 01/08/2004. Ayes: Eaton, Cole, Toerge, McDaniel, Selich and Tucker Noes: None Absent: Kiser Abstain: None 16 file : //H: \Plancomm\2003PC \1023.htm 02/18/2004 Planning Commission Minutes 01 /08/2004 Page 9 of 18 9. Prior to the issuance of building permits, a revised copy of the that depict the encroachments approved by Modification Per o. MD2003 -094 shall be submitted to the Planning Depart r inclusion in the Modification ation Permit file. 10. A building permit s e obtained prior to commencement of the construction. Ayes: Eaton, Cole, Toerge, Selich, Kiser a ucker Noes: McDaniel Absent: None Abstain: None SUBJECT: Leo Gugasian Center (PA2003 -174) ITEM NO. 3 900 -1040 West Coast Highway PA2003 -174 Development Plan and Use Permit for the redevelopment of an existing Approved commercial center and the construction and operation of a vehicle sales facility. The application includes a parking modification to reduce the minimum number of parking spaces, an off -site parking agreement for a shared parking lot on two adjacent properties, and a request to exceed the base floor area ratio by approximately 977 square feet. James Campbell, Senior Planner presented a brief history, noting: • This application had been continued from October 23, 2003 for a re- design of the plans. • Three buildings would have been removed with construction of a 23,800 square foot building for vehicle sales, retail and office space. • The issues at the October meeting were the excess floor area requested beyond Code restraints, and not providing sufficient parking. • The applicant has re- designed the project by scaling it back. The original included 3 new buildings and the revised project has only two. The project includes a use permit for the vehicle sales facility in the first building (western), which is 11,300 square feet. • Building 2 will be 6,487 square feet and will include retail and office uses. The existing buildings on the eastern lot (West Marine) will be retained. • There will be one parking lot for all the buildings. • A revised site plan shows the common parking for both properties. • A 1998 parking waiver that had been granted will still be maintained. • As mentioned, the project includes a use permit for the vehicle sales facility and staff is recommending approval based upon the design of -At file: //H: \Plancomm \2004 \0108.htm 02/10/2004 Planning Commission Minutes 01/08/2004 Page 10 of 18 the buildings and the fact that there will be no vehicle storage in the parking area or vehicle service; and . The project includes a Development Plan for the overall redevelopment of the project site. Staff believes that the findings can be made pursuant to the Mariners Mile Design Framework and the Code. . The project is short one parking space, the need is justifiable given the proposed uses and development. • The resolution within the packet outlines all the findings and then distributed an exhibit with noted changes to conditions 6, 7, 17, and elimination of 31. • Condition 17 addresses the reciprocal access and off -site parking agreement for the common parking facility across the two property lines. . The condition changes have been discussed with the applicant prior to the meeting. Commissioner Kiser noted that the plans listed on the conditions of approval, the site plan dated 11/24/2003 and the other floor plans, elevation drawings, roof plan and landscape plan are dated 01/0812004. Mr. Campbell explained that those plans were in the previous staff report and were not dated. We have therefore listed them with today's date. Commissioner Eaton referred to the previous parking agreement that was for four tandem employee parking spaces, with the shift of parking from the westerly parcel to the easterly parcel with this proposed plan, those tandem spaces are no longer shown. What happened to them, and have they been implemented to date? The landscape plan shows a boxwood hedge in front of the auto dealer building, but the colored rendering depicts open display; which is it going to be? Mr. Campbell answered that the tandem spaces are within a row of parking that abuts the westerly side of West Marine and are eliminated with the new proposed site plan. 42 spaces are provided for the West Marine property within this common parking area. The rendering is for illustrative purposes only and would not be used as approval of the landscape plan. Sheet P1 shows the hedges in place and is the controlling document. There are conditions of approval that require modification of this plan to be consistent with the Mariner's Mile Design Framework. Commissioner Tucker, noted: U file: //H:\Plancomm \2004 \0108.htm 02/10/2004 Planning Commission Minutes-0- 1/08/2004 Page 11 of 18 . There are two separate legal parcels. . How much building area would have to be reduced in order to not be one parking space short? . The right of way on Coast Highway is per the General Plan? . If the Council views the widening of Coast Highway as something they want to address on a policy basis they will, but until they do so, it is my inclination to just move on with these projects and assume that it won't be widened. We don't know if it will get done in three years or thirty years, or ever. It seems a legitimate to move ahead with the upgrading of Mariner's Mile. Mr. Campbell answered: . 67 square feet would have to be eliminated. If Coast Highway is widened, the parking area would have to be modified and will probably lose 20 spaces along the first row of parking fronting Coast Highway. Commissioner Tucker then referenced condition 17. The provision states that the parking agreement shall be provided prior to any financing, which puts them in a superior position, preserving the agreement if the two parcels are separately conveyed. With the deletion of the proof of recordation of the agreement, how do we establish that has been recorded? Ms. Clauson, Deputy Assistant Attorney, answered: . The City Attorney's office needs to actually approve the off -site parking agreement. . This agreement is a condition of approval to the off -site parking arrangement, and will insure the City that it is superior to any financing. . The building permit will not be issued until this condition is met. A discussion ensued on the requirement for agreements. Mr. Edmonston noted, at Commission query, that the City Council has previously established guidelines for when we can require the dedication of right -of -way even on a street like this, where it is a Master Plan of Improvement, and they have put specific limitations on acquisition adjacent to state highways. It was done specifically to address issues in Mariner's Mile because of the uncertainty of the widening. Commissioner Tucker noted that the City Council has figured out if 1� file: //H: \Plancomm \2004 \0108.htm 02/10/2004 Planning Commission Minutes 01/08/2004 Page 12 of 18 i d . the City is granting additional building area and then the City comes in and widens the highway, the amount of severance damages and condemnation damages might just increase because of our actions. Once again, that is a policy call whether we sit and wait to figure out when we are ever going to widen Coast Highway or whether we go ahead and if an opportunity presents itself have improvement down in the Mariner's Mile area. Hopefully, they will read the minutes and decide if this is something they want to discuss. Commissioner Kiser asked: What justification did the applicant have for not combining the parcels in order to get over the floor area ratio problem? . Condition 23 refers to street trees, we should also reference the Mariners Mile Design Framework. Mr. Campbell answered: The reason given for not combining the parcels at this time was due to separate financing concerns of the applicant. . Condition 23 refers to the trees within the public right -of -way. The Mariner's Mile Design Framework does not relate to the right -of -way trees. The other landscape conditions are proposed per the Mariner's Mile Design Framework. Mr. Cole asked: . Condition 15 talks about roof equipment. On the new building, are we clear that there will be a harmony of the roofs for the people above as it relates to the 'fifth side of architecture'. I want to make sure that we are clear that the roofs will be consistent with color and design. . Is the flat roof design on the new building consistent with the existing building? . Is it clear that the roof equipment is to be screened? . I suggest that the colors of the adjoining roofs match. Mr. Campbell answered: . Condition 15 refers to the new buildings. The older building roofs will stay the way they are. . The new roofs shall be treated and painted to achieve the affect of the photograph, which was in the prior staff report that is the roof of the adjacent Newport Auto Sports building. We can clarify that this condition applies to the new buildings. 14 file: //H: \Plancomm \2004 \0108.htm 02/10/2004 Planning Commission Minutes 01/08/2004 Page 13 of 18 The condition incorporates anything on the roof would have to be treated in some fashion. Building 1 will have one piece of equipment on it, but the roof plans do not indicate anything on building 2. The roof will be treated with gravel surface. Commissioner Kiser noted that the sign plan will be handled through a condition that the signage be done in accordance to the applicable standards of the Mariner's Mile Overlay zone. Is it possible for it to be conditioned that the signage plan will be brought back to the Commission for approval? He was answered yes, that could be added to condition 14. James (Buzz) Person, representing the applicant, noted the following: . The applicant owns many properties in Mariner's Mile area. Has revised plans and have discussed conditions of approval with staff and agree to them. They are opposed to coming back to the Planning Commission for sign approval as they pertain to matters within the Code in terms of footage, size and size that is allowed. Ms. Clauson added that review of the signs is done because it is part of an approval of a site plan review or under specific guidelines development, or an exception or modification to the sign code. If the applicant has a plan to put up signs that comply with the code, the Commission has no authority to review them as to aesthetics or size. The Commission can add a condition that unless it specifically complies in all respects with the Sign Code is what is authorized, any changes would require a full review of the sign program. Commissioner Selich noted that the guidelines in the Mariner's Mile gives the Commission the ability to review signs of a discretionary application. Ms. Clauson answered if the Mariner's Mile gives that authority, then the Planning Commission has the right to review the applicant's sign program. Mr. Person noted that the applicant agrees to all the findings and conditions. He added that in terms of the equipment on the Newport Auto Sport roof, the equipment is back against the bluff and is not visible from the highway. At Commission inquiry, he noted that the applicant is aware of the superiority of the parking agreement ahead of the financing. There are two separate financial packets on these properties, one is superior to the other. Public comment was opened. 1� file: //H:\Plancomm \2004 \0108.htm 02/10/2004 Planning Commission Minutes 01/08/2004 Page 14 of 18 Mr. Campbell noted that the design guidelines do not specify review process; however, within the Zoning Ordinance it does discuss a development plan process, which is subject to the Planning Director's authority for sign approvals. That application requires a public hearing, that Development Plan is before you this evening but we do not have the details of the signs to approve the final designs. We can bring back a review to assure that it is compliant with the design framework and the Code at a later date if the Commission wishes. Commissioner Tucker iterated that it would be the Planning Director's review. He noted that should be done by the Planning Director and sees no reason for the Planning Commission to be involved with the sign program. Commissioner Kiser stated that the design guidelines allows discretion in the approval of signage. He was answered that it is very limited discretion and only applies in the area of pole signs where a guideline exists. Commissioner Kiser stated he would like to see it come back for review as the property is such a visible one. Commissioner Tucker noted he sees no reason why the project could not be reduced by 67 square feet so that the project is not one parking space short. Mr. Person answered that part of the problem is that a good portion of the building drawings are already done. The 67 square feet represents .27 of a parking space. It was felt between the applicant and staff that one parking space was de minimus and not important enough to cause a re- drawing of the working drawings. The applicant is opposed to the reduction of the 67 square feet. Commissioner Eaton noted that there appears to be room between the existing building and a proposed building 2, is there room to put a parking space in there? Mr. Edmonston stated that the space between the buildings would end up being perpendicular space and would not be conducive to angled stall parking. The other thing to point out is the site plan does not currently have provisions for trash enclosures and other things that the applicant will eventually have to provide for. There are still known features that have to be provided for. Commissioner Tucker stated that it was presumptuous of the applicant to start his working drawings before he had his approval, but I don't think it would be that big a deal to re- capture the 67 square feet. Since it is a fraction of a space, I am not going to make an issue. Public comment was closed. I(P file: //H: \Plancomm \2004 \0108.htm 02/1012004 Planning Commission Minutes 01/08/2004 Page 15 of 18 j Motion was made by Commissioner Kiser to approve Development Plan No. 2003 -002 and Use Permit No. 2003 -026 subject to the findings and conditions of approval within the draft resolution and with the revisions to conditions 6, 7, 17, 20 and deletion of 31. Condition 1 floor plans, elevation drawings, roof plan and landscape plan shown as dated 01/08/2004 are the ones reviewed in the prior meeting as they are applicable to the current development. The Planning Director can approve the signage and does not need to come back to the Commission for review. Condition 23 was clarified and does not need to be changed. Commissioner Toerge noted: . We do not have a landscape plan that matches the proposed site plan. . We do have a landscape plan consistent with the old development where there was going to be new buildings on the easterly lot. Staff answered the landscape plan will be revised to reflect the current site plan. The change in the project does not really affect the landscape plan. There are planned improvements for landscaping on the eastern property. Continuing, Commissioner Toerge noted: . This project is woefully short on detail compared to the other projects we have looked at on Mariner's Mile. . There is no real design consideration for the fifth sided architecture of the roof. I saw the photograph and the textured roof. . He is very concerned to hear that the easterly buildings won't be treated at all. They are part of the project. . Would like to integrate the need to improve those roofs consistent with the westerly side at this time. . Are there any improvements to the retaining wall? We have dealt with other properties in this area where we addressed, or at least saw the retaining walls materials, colors. • Where are the nautical elements to this that the design guidelines suggest? • There is far less detail on this project than I am accustomed to seeing. • For these reasons, I will not be supporting this application. • Any time we assume some uniqueness of the ownership and J1 file: / /H: \Plancomm\2004 \0108.htn 02/10/2004 Planning Commission Minutes 01/08/2004 Page 16 of 18 we create conditions around them, we may be up for a surprise. • Tying the parking recordation to an act of financing, completely ignores the possibility that the project is built without a new loan. • There should be some other trigger point in the event that the property is developed without a new loan. Ms. Clauson stated that the only concern the City has is if there is any financing that exists that the agreement is subordinated to the existing financing, or that if there is no financing, or if it is put on later, that it gets recorded before any financing. It is my understanding that it has to be recorded before the issuance of any building permits. Continuing, Commissioner Tucker noted: . Agrees with Commissioner Toerge's comments on the lack of detailed plans. . The eastern part of the project, other than a re- arrangement of some parking spaces, really isn't proposed for new development. . I have no problem with leaving the existing structures as is. . The rearrangement of the parking will be a big help and the lot will be much better in terms of circulation. Commissioner Eaton noted: . 1/4 of a space is not that big a deal. . When you get a lucrative sales tax generator in, you sometimes don't go to quite as much detail as you would otherwise. . I trust staff to be able to enforce those things that the Commission would have enforced if all the details had been in front of us. . Because it is an auto dealer, condition 2 is important because dealers tend to end up doing some service work, even if they are not supposed to. That starts to use parking spaces. . It is tempting to have more cars on display in what otherwise should be required parking spaces. . We need to make clear to the applicant and to staff that condition 2 needs to be adhered to, otherwise there will be a genuine parking problem on this site. . Supports the application. Commissioner Cole noted: Jb file: //H:\P1ancomm\2004 \0108.htm 02/10/2004 Planning Commission Minutes 01/08/2004 j Language regarding the roof can be added that the roof equipment will only be on the westerly portion as well as a consistent color as the color on the adjacent development, (Newport Auto Sport). Commissioner Kiser noted that plans show the color, type of materials are shows consistent with the main portion of the building. Only one of the buildings has an air conditioning unit that will be screened and consistent color. Mr. Temple clarified that the color on the new buildings of the roofs will be consistent with the Newport Auto Sport building next door so the roofs adjoining one another would be consistent. If that is made a condition than the roof of the new building will be a slightly different color than the one next door. Commissioner Kiser, as the maker of the motion, agreed. Mr. Person agreed for the applicant. Page 17 of 18 Ayes: Eaton, Cole, McDaniel, Selich, Kiser and Tucker Noes: Toerge Absent: None Abstain: None ITIONAL BUSINESS: ADDITIONAL BUSINESS a. Ci Council Follow -up - Ms. Temple reported that the Council passe to second reading the Landmark Building Ordinance; no action w taken on the matter of the modification permit and deferred th after back to staff for additional study with the direction to r 'se the application consistent with the new Planning Commis ' n findings with an additional trial period of three months; the ap 'cant's appeal of the Conexant sign was approved. b. Oral report from Planning Co ission's representative to the Economic Development Committ - none. c. Report from Planning Commission's resentatives to the General Plan Update Committee - missioner Eaton reported that a brief overview of the follow- of the natural vegetation survey; four nominations were ma to the City Council; the first two portions of the traffic mo was re- worked. d. Report from Planning Commission's representative to the Lo 11 file: //H: \Plancomm \2004 \0108.htm 02/10/2004 RESOLUTION NO. 1625 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT PLAN NO. 2003 -002 AND USE PERMIT NO. 2003 -026 AND FOR PROPERTY LOCATED AT 900 -1040 W. COAST HIGHWAY (PA2003 -174). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Leo Gugasian, with respect to property located at 900 -1040 W. Coast Highway and legally described as Parcel 1 of Parcel Map recorded in book 83, page 13 and Parcel 1 of Parcel Map recorded in book 71 page 18, requesting approval of Development Plan and Use Permit for the redevelopment of an existing commercial center and the construction and operation of a vehicle sales facility. The application includes a parking modification to reduce the minimum number of parking spaces, an off -site parking agreement for a shared parking lot on two adjacent properties, and a request to exceed the base floor area ratio by 977 square feet. Section 2. A public hearing was held on October 23, 2003 and January 8, 2004 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 Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Commercial uses including vehicle sales facilities are permitted uses within this land use category. 2. The proposed development is generally consistent with the guidelines contained within the Mariner's Mile Strategic Vision and Design Framework with the adherence to the attached conditions of approval. The project provides a more aesthetically pleasing roof design through color and material selection and roof -top mechanical equipment will be minimized and will be screened from above. The project reduces vehicular access points to Coast Highway and incorporates desired landscape plantings. The overall design meets the Zoning Code and should be an architectural and aesthetic improvement compared with the existing development that it will replace. 3. The proposed vehicle sales facility subject to the conditions under which it would be operated or maintained 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. a. No vehicle service is proposed. b. Exterior lighting will be controlled to reduce excess lighting and avoid off -site light spillage. c. No vehicle display within parking areas is proposed �1 Planning Commission Resolution No. Paqe 2 of 8 4. The project site is located within Statistical Area H4, which has a base 0.5FAR and a maximum 0.75FAR. Commercial development in the area is approximately 0.252FAR currently. The additional 977 square feet, when added to the development potential of vacant and underutilized properties will not exceed 0.34FAR. Therefore, since it is not likely that the base FAR for the statistical area will be exceeded, the requested increase of 997 square feet is not inconsistent with the General Plan and the purpose of the district in which the site is located and 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. 5. The requested 1 space parking reduction is acceptable as the expected parking demand for high value /low volume vehicle sales facilities will fall below that anticipated by the Zoning Code. This conclusion is based in part upon similar facilities in the immediate area. The proposed facility will not provide service, which would tend to increase parking demand. The reduction of 1 parking space will not be detrimental to the general welfare of the community. 6. The off -site lot is adjacent and shares common access and isles and will prove useful for both properties. Due to the unified and common lot design, access to abutting roadways will not be necessary, and therefore, no undue traffic hazards will be created. The two properties are owned by the same person and a written agreement or restrictive covenant will be recorded ensuring that the off -site parking will be maintained and available for the uses located on the recipient parcel. 7. The project qualifies for a Class 3 categorical exemption from the California Environmental Quality Act, which permits the limited number of new structures. In urbanized areas, up to 4 buildings with up to 10,000 square feet would qualify provided that the site is not environmentally sensitive. The project involves the demolition of 2 buildings and the construction of 2 buildings with a net increase of approximately 5,000 square feet. Traffic increases are below the 300 space threshold for the preparation of a traffic study. The site is presently fully developed and no environmental resources are known to exist at the site. Section 4. Based on the findings above, the Planning Commission hereby approves Development Plan No. 2003 -002 and Use Permit No. 2003 -026, subject to the conditions set forth in Exhibit "A." O` Planning Commission Resolution No. _ Pape 3 of 8 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in'accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 8th DAY OF JANUARY, 2004. AYES: Eaton, Cole, McDaniel, Selich, Kiser and Tucker NOES: Toerae Earl McDaniel, Chairman BY: oerge, Secretary M' Planning Commission Resolution No. _ Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL DEVELOPMENT PLAN NO. 2003 -002 & USE PERMIT NO. 2003 -026 1. The development shall be in substantial conformance with the plans identified as follows except as modified by other conditions of approval: Site Plan (Sheet 01) dated 11/24/2003 Floor plans (Sheets A2 & A3 - building #2 only) dated 1/8/2004 Elevation drawings (Sheets A4, A5 & A6 - building #3 only) dated 118/2004 Roof plan (Sheet A7 — buildings #1 & #2 only) dated 1/8/2004 Landscape plan (Sheet P -1) dated 1/8/2004 2. Use of Building #1 shall be limited to motor vehicle sales. No motor vehicle repair is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this use permit. 3. Development Plan No. 2003 -002 and Use Permit No. 2003 -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. 4. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed vehicle sales use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 8. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 9. The site shall not be excessively illuminated based on the luminance recommendations of 5 j Planning Commission Resolution No. Paqe 5 of 8 the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 10.AII noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specked time periods unless the ambient noise level is higher: 11. The landscaping shall be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. 12.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. 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. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and /or other runoff from spilling onto the sidewalk. 13.AI1 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. �l Between the hours of TOOAM and 10:00PM Between the hours of 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located e within 100 feet of a commercial ro 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 6OdBA 11. The landscaping shall be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. 12.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. 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. The proposed landscaping adjacent to the back of sidewalk shall be designed with provisions that will prevent irrigation and /or other runoff from spilling onto the sidewalk. 13.AI1 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. �l Planning Commission Resolution No. _ Pape 6 of 8 14. Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. The applicant shall obtain required permits for all signs. 15. The roof, equipment located on the roof and any mechanical equipment screens located on the roof of any new building shall be painted or otherwise treated in a consistent fashion such that they blend together in harmony with the overall architectural design of the building to reduce their visibility from above. The material and color of project roofs shall be consistent and shall match as close as possible the roof of the adjacent Newport Auto Sport building. Roof top equipment or screens shall not be visible from West Coast Highway and shall comply with Section 20.65.070.B of the Zoning Code. 16.Seven (7) parking spaces shall be provided on 1000 -1040 W. Coast Highway for the benefit of 900 W. Coast Highway. The spaces shall be accessible and available to occupants and patrons of all businesses located on 900 W. Coast Highway at all times free of charge. , 17. A reciprocal access and off -site parking agreement shall be approved by the City Attorney's office and shall be recorded on the title of both properties (1000 -1040 W. Coast Highway & 900 W. Coast Highway) prior to the issuance of a building permit for any new construction on 1000 -1040 W. Coast Highway. The off -site parking agreement shall provide that the parking agreement is recorded prior to any financing on either property. 18.All improvements shall be constructed as required by Ordinance and the Public Works Department, and shall be completed prior to issuance of a Certificate of Occupancy. 19.The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 11 0 -L for a speed of 40 MPH. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 20. The onsite parking and vehicular and pedestrian circulation. systems shall be subject to further review and approval by the City Traffic Engineer. 21. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. All parking and maneuvering areas shall meet minimum dimensional standards per City of Newport Beach Standard Drawing STD - 805 -L -A unless otherwise modified by the Traffic Engineer. 22.The parking lot shall have prominent pavement arrows and signage to facilitate proper circulation within the parking area. Signage and pavement markings shall be shown on the site plan and shall be subject to the review and approval of the Public Works Department. S5 Planning Commission Resolution No. _ Page 7 of 8 23. New street trees shall be planted in accordance with the City of Newport Beach Municipal Code and Council Policies. Existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 24. Prior to the issuance of a building permit, the applicant shall pay the project's fair share traffic contribution in accordance with Chapter 15.38 of the Municipal Code. Public Works Department plan check and inspections fees shall be paid prior to the issuance of applicable permits. 25. Delivery vehicles shall park on -site when making deliveries to the project site. The public right -of -way shall not be used as a parking or staging area for deliveries, including construction related deliveries. 26. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagpersons. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 27. Utility connections for new buildings shall be underground to the nearest appropriate pole in accordance with Section 20.57.040 of the Municipal Code. 28. New curb and gutter, sidewalk and driveway approaches shall be constructed where necessary along the West Coast Highway frontage of the property in accordance with an encroachment permit issued by the California Department of Transportation ( Caltrans). Street improvements as well as drainage and utility improvements within Caltrans right -of- way shall be shown on standard improvement plans prepared by a licensed civil engineer. Existing non - standard concrete sidewalk panels within the public right -of -way shall be reconstructed with standard concrete sidewalk panels through a permit issued by Caltrans. 29. Catch basins are to be constructed at all locations where drainage from surface runoff is proposed to be discharged through curb outlets. Each catch basin shall be bottomless and constructed over permeable material, as well as having a fossil filter system. The objective is to improve the quality and decrease the quantity of water runoff by providing for on -site percolation to the maximum extent possible. 30.An alternate site plan shall be prepared demonstrating that on -site parking, vehicular circulation, and pedestrian circulation systems can be modified and still function satisfactorily if West Coast Highway is widened into the full 12 -foot width of additional right -of -way. This alternate site plan shall be subject to the review and approval of the Public Works and Planning Departments. Said plan shall be approved prior to the occupancy of the project. 31. Deleted 32.A hydrology and hydraulic study for the project shall be prepared by the developer's licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities I Planning Commission Resolution No. _ Paoe 8 of 8 for the on -site improvements prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems that the study shows to be required shall be the responsibility of the developer. 33. Each building shall be served by an individual water and sewer connection. The water meter and sewer clean out, if located within the proposed driveway, shall have a traffic - grade box and cover. 34.All on -site power poles along the northerly property line shall be protected in place during construction. 35.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 36.The applicant shall 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. The construction plans must meet all applicable State Disabilities Access requirements. 37.Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company where the number of sprinklers is one hundred or more. 38. Exterior walls on the north sides of new buildings shall be 1 -hour fire rated. Openings less than 10 feet from property lines shall be protected by a fire assembly having at least three - fourths of an hour fire protective rating. 39.Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke.