HomeMy WebLinkAbout04a-Materials Rec'd After Packet Published PA2010-165Planning Commission Resolution No.
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EXHIBIT "A" Revised Exhibit "A"
Item No. 4a
CONDITIONS OF APPROVAL McLaren Newport Beach
PA2010 -165
(Project- specific conditions are in italics)
PLANNING
The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval, except
for the following modifications:
a. The double -sided project sign shall either remain in its current location or
shall be removed.
b. The frontage of 106 Tustin Avenue (currently occupied by Balboa
Cleaners) shall be treated in a manner to compliment the exterior
improvements proposed for the project's tenant space.
2. Conditional Use Permit No. 2010 -037 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. The use shall be limited to the sale of motor vehicles only and related equipment,
parts, and merchandise. The sale or rental of construction equipment, recreational
vehicles, trucks, and similar vehicles and equipment shall not be permitted.
4. Vehicles stored on -site shall be for purposes of sales display only and shall only be
permitted within the interior of the building. No other storage, maintenance, repair, or
rental of vehicles shall be permitted.
5. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
6. Test driving of vehicles shall be prohibited on all residential streets.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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
Conditional Use Permit.
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Planning Commission Resolution No.
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9. 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.
10. This Conditional 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.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
12. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
13. 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.
14. 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.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. 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.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
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Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:00PM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial ro ert
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
13. 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.
14. 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.
15. No outside paging system shall be utilized in conjunction with this establishment.
16. 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.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
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Planning Commission Resolution No.
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actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of McLaren Newport Beach including, but not limited to,
Conditional Use Permit No. 2010 -037, and the determination that the project is exempt
under the requirements of the California Environmental Quality Act. This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicant, City, and /or the
parties initiating or bringing such proceeding. The applicant shall indemnify the City for
all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
17A. The applicant shall designate the City of Newport Beach as the "point of sale" for all
taxable sales and lease transactions occurring on the Site (2540 -2542 West Coast
Highway) and the development of any improvements thereon, including, but not limited
to, the purchase of construction goods and materials, in all reports to the California State
Board of Equalization in accordance with the Bradley -Burns Uniform Sales and Use Tax
Law (Revenue and Taxation Code 72000 et seq.), as it may be amended or substituted
from time to time, and on sales tax returns to the State of California for all taxable sales
occurring on the Site and lease transactions occurring on the Site and the development
and operation of any and all improvements thereon, including, but not limited to, the
purchase of construction goods and materials.
Building Department Conditions
18. 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. The construction plans must meet all applicable
State Disabilities Access requirements. Approval from the Orange County Health
Department is required prior to the issuance of a building permit.
Public Works Conditions
19. The applicant shall be required to reconstruct the curb, gutter and sidewalk within the
proposed vehicle drop -off and pick up in front of the showroom access doors on Tustin
Avenue to accommodate the additional loading due to vehicles being driven over the
sidewalk area. The limits of the reconstruction to be determined by the Public Works
Department.
20. Drop -off /pick -up display operable vehicles shall be allowed up to 15 times per year
without the benefit of a Temporary Street and Sidewalk Closure Permit.
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Planning Commission Resolution No.
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21. The applicant shall submit a detailed traffic control plan and operable vehicle drop -
off /pick -up procedure, including delivery route, for review and approval by the City
Traffic Engineer prior to implementation. At the discretion of the City Traffic Engineer,
the applicant shall be required to modify the traffic control plans and procedures,
should any issues or concerns arise. Revised plans and procedure shall be reviewed
and approved by the City Traffic Engineer.
22. The traffic control plan shall indicate curb, gutter and sidewalk to be reconstructed to
accommodate the additional vehicular weight.
23. Applicant is required to obtain a Temporary Street and Sidewalk Closure permit from the
Public Works Department for drop -off /pick -up of non - operable vehicles (i.e., rolling
chassis and Formula One race car). Traffic control plans and drop -off /pick -up
procedures shall be submitted for review and approval by the City Traffic Engineer at the
time of permit submittal.
24. Vehicles used for test drives shall be parked on -site. The test drive route shall be limited
to West Coast Highway from Tustin Avenue to Beach Boulevard and Tustin Avenue from
West Coast Highway to the on -site parking lot only. Any revisions to the test drive route
shall require review and approval from the City Traffic Engineer.
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