HomeMy WebLinkAboutNewport Lexus (PA2004-153)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item 5
April 21, 2005
TO: Honorable Chairman and
Members of the Planning Commission
FROM: David Lepo, Contract Planner
949 - 553 -1427, dlepo @hogleireland.com
SUBJECT: Draft Final Environmental Impact Report (SCH
2004081004), General Plan Amendment No. 2004 -004,
Planned Community Text Amendment No. 2004 -003, Use
Permit No. 2004 -026, Modification Permit No. 2005 -0303,
Traffic Study No. 2004 -003 for Newport Lexus Automobile
Dealership (PA 2004 -153)
LOCATION: 3901, 3931, 3961 MacArthur Boulevard
848, 888 Dove Street
APPLICANT: . Wilson Automotive Group
RECOMMENDATION:
Review the draft Final Environmental Impact Report (EIR), General Plan
Amendment (GPA), Planned Community (PC) Text Amendment, Use Permit
(UP), Modification Permit, and Traffic Study, receive public comments, and
recommend that City Council certify the Final EIR and approve the GPA, the PC
Text Amendment, the UP, the Modification Permit, and the Traffic Study for the
Newport Lexus automobile dealership.
DISCUSSION:
Background
Wilson Automotive Group submitted an application for a General Plan
Amendment, a Planned Community Text Amendment, a Use Permit, a
Modification Permit, and a Traffic Study for construction of a 130,000 square -foot
Newport Lexus automobile dealership on an 8.05 acre parcel on the westerly
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side of MacArthur Boulevard at Jamboree Road. Existing improvements that
include an Avis rental car storage facility and three office buildings whose tenants
include Platt College would be demolished.
The Planning Commission reviewed and commented on conceptual plans for the
dealership at a Study Session on December 9, 2004. The proposed dealership
has been revised in response to Planning Commission comments and consistent
with the Reduced Impact Alternative identified in the Draft EIR as the
Environmentally Superior Alternative. Current plans also reflect revisions
necessitated by cost considerations and include redesigned building facades, a
net reduction in the building area to 114,485 square feet, and a reduction in the
service and parking structure from four stories with rooftop parking to two stories
plus roof -top parking.
A Draft Environmental Impact Report (EIR) was prepared for the project
consistent with California Environmental Quality Act (CEQA) Guidelines and
circulated for public review on November 29, 2004. The 45 -day public review
period ended on January 12, 2005. Responses to comments on the Draft EIR
received during public review have been prepared. The Draft EIR and the
responses to comments together comprise the draft Final EIR included for
Planning Commission consideration.
Proiect Description
Automobile Showroom and Parts and Service Structures
The 8.05 -acre project site is proposed to be developed with a 114,485 square -
foot automobile dealership. The dealership facility consists of a 42,142 square -
foot showroom building and a 72,343 square -foot service department integrated
within a two -story parking structure.
The automobile showroom is comprised of a 31,518 square -foot first level that
includes automobile display, a service customer lounge, coffee bar, wine bar,
and sales offices. An automobile service reception and work write -up area are
located in the southerly portion of the showroom building. Business offices are
located on a 10,624 square -foot mezzanine.
The two -story service building includes approximately 80 service stalls, a parts
counter and parts storage on the first level. Up to 412 spaces on the second and
rooftop levels of this building are provided for new vehicle and loaner car storage.
An additional 185 spaces are indicated on the rooftop for employee parking. A
car wash for new and used car preparation and for vehicles being serviced at the
dealership adjoins the south wall of the auto service facility. A service customer
driveway from Dove Street and customer vehicle queuing lanes are situated
between the service building and the showroom building. A canopy above the
customer queuing lanes connects the two buildings.
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The height of the showroom building is 31'— 6" to the top of the parapet and 40'
— 9" to the ridge of the hip roof above the main customer entrance. The two -story
service facility and parking structure is 34'— 7" to the top of the parapet. A "logo"
tower at the northeasterly corner of the service building extends to a height of 56'
—10 ".
The applicant has indicated that an additional level may be added to the service
parking facility in the future, extending the height of that structure to up to 50 feet.
This addition to the service and parking structure would be accompanied by an
increase in the height of the logo tower to up to 75 feet. Height limits in the PC
Text are revised to accommodate this expansion.
The showroom and service buildings comply with PC Text minimum building
setbacks of thirty (30) from MacArthur and from Jamboree. No portion of the
showroom building is nearer than 100' to the Jamboree or MacArthur frontages.
The southwesterly corner of the showroom projects approximately one foot into
the required 30 -foot Dove Street setback (See Modification Permit, below). A
setback of approximately 63' is provided between the curvilinear first -level wall of
the parking structure and Jamboree. Upper levels of the structure are
approximately 90' from the Jamboree right -of -way.
A minimum side yard at interior lot lines of 10 feet is required by the PC Text and
exceeded at the south building line where a distance of 20 feet separates the
service facility/parking structure from the adjacent commercial property. A side
yard at the northerly property line where the outdoor automobile display area
abuts the parking lot on the adjoining property is proposed to be 6 feet (See
Modification Pen-nit, below).
Minimum landscaped front yards of 30 feet are required by the PC Text at both
the MacArthur and Jamboree ( "Special Landscaped Streets") frontages. The
landscaped front yard shown on the project plans along MacArthur, measured
from right -of -way line, varies from 18' at the fountain to 25'— 10 W at the outdoor
automobile display area adjacent to the service building, to 26' near the
Jamboree /MacArthur intersection, and to a maximum of 52' — 6" at the south
property line (See Modification Permit, below). Future right -of -way dedication for
planned widening of Jamboree Road would reduce the depth of the yard at the
automobile display area near the service building to 19'— 5 % " as shown on the
plans accompanying this report.
A minimum 30 -foot landscaped yard is provided at Jamboree Road and at
MacArthur Boulevard and a minimum 10 -foot deep landscaped yard is shown
along Dove Street, consistent with the PC Text. Eight (8), circular automobile
display pads are proposed and will encroach into the required landscaped yards
(See Modification Permit, below).
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The location of the showroom building has been adjusted from previous
proposals but still encroaches approximately two (2) feet into the required 30 -foot
yard adjacent to Dove Street. A 10 -foot high screening wall and tire and fluid
storage areas are proposed in the required minimum 30 -foot yard between the
service building and Dove Street (See Modification Permit, below). The service
building itself is approximately 55' from the Dove Street frontage.
On -Site Circulation and Parking
A vehicle entrance to the new car display lot and the showroom facility is
proposed from MacArthur Boulevard approximately 320 feet south of Bowsprit
Drive. A traffic island in MacArthur limits this access to "right -in, right -out" only.
A drive aisle extends from the MacArthur entrance through the new and pre-
owned vehicle displays to the customer parking area (approximately 35 spaces)
flanking the front doors to the showroom. The parts and service building, and the
service write -up area at the back of the showroom, may also be reached from
this entrance.
Vehicle access is also provided at three locations from Dove Street on the
westerly edge of the site: an automobile service customer entrance opposite
Quail Street (service drive); an entrance to the new car display lot and showroom
north of Quail Street; and a gated access at the southern end of the site used
primarily for service department test drives and employee parking on the rooftop.
The service drive from Quail Street includes three inbound and two outbound
lanes. The three inbound lanes provide stacking for approximately 30 vehicles.
These will accommodate incoming service customers and loaner vehicle returns.
Stacking for approximately 20 vehicles is provided in two outbound lanes,
primarily for customer vehicle and loaner vehicle pick -up. The location and
configuration of the service drive were largely determined by the location of an
easement for a storm drain and a water main beneath the driveway. The
proposed configuration would allow the service department to continue
functioning in the event that future repair or replacement of the water main or
storm drains requires excavation of portions of the service drive.
Architectural Features
The conceptual architectural elevations for the Newport Lexus dealership
balance strong, horizontal building planes with key vertical elements such as the
building form at the main customer entrance. A curved, linear colonnade is set in
front of and repeats the strong horizontal plane of the showroom fagade.
Prominent building materials include large plate glass surfaces, stucco walls, and
metal roofing compatible with the overall contemporary design theme.
The conceptual landscape master plan includes king and queen palm trees in
setbacks along street frontages. Setbacks will incorporate turf, ornamental
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shrubs, and seasonal plants for accent color. Retaining walls in the landscaped
setbacks along MacArthur Boulevard and Jamboree Road provide a grade
transition from the building site down to the public sidewalks. A fountain is
proposed near the Jamboree Road frontage at the east end of the service drive.
Areas of enhanced paving are included throughout the display lots.
Signs for the proposed dealership include three -foot high, illuminated channel
letters indicating "Newport Lexus" and a backlit Lexus logo are proposed for the
uppermost corner of each of three showroom building walls visible from
Jamboree Road, from MacArthur Boulevard, and from Dove Street, respectively.
Similar signs are shown near the top of each of the three walls of the service
facility /parking structure that are oriented toward Jamboree Road, MacArthur
Boulevard, and Dove Street, respectively. An illuminated Lexus logo is proposed
on each of the four sides of the tower at the northeast corner of the service
facility. A detailed sign program will be submitted for staff review and a
Modification Permit will be required as the PC Text allows wall signs on only two
facades of a building.
Four monument signs are indicated in landscaped setbacks: one at the
MacArthur Boulevard frontage south of the main vehicle entrance; one at the
MacArthur /Jamboree intersection; one at the Dove Street entrance to the new
car display lot; and one at the entrance to the service facility. Directional signs
are shown in the landscaped setback at the service drive entrance and at the
new car display lot entrance from Dove Street. Sign regulations are included in
the revised PC text to reflect the Planning Commission's Study Session response
to the "sign layout" program included with this report.
An exterior display and security lighting plan is included. Consistent with
mitigation measures in the Draft EIR, exterior lighting standards are equipped
with "sharp cut -off' fixtures to minimize outward and upward light spread. Draft
EIR mitigation measures also include submittal of a photometric plan indicating
fixture selection and illumination levels that minimize light and glare impacts on
the surrounding area. Post - installation inspection by the City is also required to
ensure that the site is not excessively illuminated and that lighting sources are
properly shielded.
Planning Commission Actions
Draft Final Environmental Impact Report
The Planning Commission will recommend to the City Council as to whether or
not the draft Final EIR should be certified. The EIR identifies the range of
potential environmental impacts that could result from construction and operation
of the Lexus automobile dealership. The range of impacts analyzed was based
on an Initial Study, included in the EIR, which concluded that no further analysis
was needed in the areas of Biological Resources, Hazards and Hazardous
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Materials, Mineral Resources, Public Services, Agricultural Resources, Cultural
Resources, Noise, Recreation, Utilities /Service Systems, Geology /Soils, and
Population/Housing.
The "project' analyzed in the EIR is proposed development and operation of a
130,000 square -foot automobile dealership as initially proposed by the applicant.
Potential impacts relating to Aesthetics /Land Use, HydrologyMater Quality, and
Traffic were identified. With mitigation measures proposed in the EIR, all impacts
would be mitigated to a less than significant level. Impacts and corresponding
mitigation measures for the 130,000 square -foot "project" are paraphrased in the
following:
IMPACT
Aesthefts/Land Use
Potential incompatibility of project
building mass and scale with
existing buildings
MITIGATION MEASURE
Submit project plans to City for
review to ensure consistency
Potential light and glare on Use sharp cut -off fixtures with flat
adjoining properties glass and internal and external
shielding
Fixture lenses parallel with finished
grade; no fixtures tilted above 90-
degree angle
Lighting level design within IESNA
recommended levels
Lighting systems grouped into
control zones for facility "open ",
"closed" modes, and for security
lighting mode with automatic clock
and photocell controls
Submit lighting and photometric
plan for review by City
Post - installation lighting inspection
to ensure illumination is not
excessive, sources are properly
shielded
In
IMPACT
Potential inconsistency with
General Plan and Zoning Ordinance
Potential inconsistency with Federal
Aviation Administration (FAA) FAR
Part 77 and with Airport Land Use
Commission (ALUC) Airport
Environs Land Use Plan
Hydrology, Water Quality and
Storm Water
Violate any water quality standards
or waste discharge requirements
Degrade groundwater quality
Cumulative impacts to surface
water quality
Transportation/Traffic
Cause deterioration to an
unacceptable Level of Service
(CEQA) or cause an increase to
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MITIGATION MEASURE
Submit application for Use Permit
and for amendment of "Planned
community Development
Standards, Newport Place"
Submit plans to the FAA and to
ALUC
Prior to grading permit, submit proof
of Notice of Intent filing with State
Water Resources Control Board
and prepare a Storm Water
Pollution Prevention Plan
Have an approved Water Quality
Management Plan prior to grading
permit
Have an approved Water Quality
Management Plan prior to grading
permit
Prior to grading permit, submit proof
of Notice of Intent filing with State
Water Resources Control Board
and prepare a Storm Water
Pollution Prevention Plan
Have an approved Water Quality
Management Plan prior to grading
permit
Restripe westbound approach at
Irvine Ave. and Mesa Drive to
provide one left -turn lane, one
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IMPACT
ICU of 0.01 or more (TPO)
Result in inadequate parking
Result in hazards due to design
feature
Air Quality
Violate air quality standards or
contribute to air quality violation
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MITIGATION MEASURE
shared through /left lane, and one
right -turn lane; signal modifications
to implement split -phase operation
on east -west approaches (TPO)
Project shall comply with all City
parking requirements
Reduce curb radius of eastbound
free right turn on Bowsprit Dr. to
MacArthur Blvd. to 35 feet to slow
turning traffic and increase distance
between Bowsprit and project
entrance.
Cover trucks hauling loose
materials or require at least two feet
of freeboard
Pave, water, or apply soil stabilizers
on unpaved roads, parking and
staging areas
Sweep paved access roads,
parking and staging areas with
water sweepers
Sweep streets with water sweepers
if soil material is carried into
adjacent public streets
Hydroseed or apply stabilizers to
inactive construction areas
Enclose, cover, water, or apply soil
binders to exposed stockpiles
Limit traffic speeds on unpaved
roads to 15 MPH
Install sandbags or other erosion
control measures to prevent silt run-
IMPACT
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MITIGATION MEASURE
off to public roadways during rainy
season
Replant vegetations in disturbed
areas as quickly as possible
Construction equipment shall be
properly tuned and maintained
Construction equipment shall be
operated as to minimize exhaust
emissions e.g. no idling in queues
Stage construction to avoid
emissions peaks and discontinue
during second -stage smog alerts
As required by CEQA, alternatives to the 130,000 square -foot Lexus dealership
project were analyzed in the EIR. A smaller dealership facility and "no project"
were evaluated as alternatives that would avoid or reduce the level of
significance of environmental impacts. An alternative may be deemed
environmentally superior to the project if the overall magnitude of impacts is
determined to be less than that of the proposed project. The feasibility of an
alternative, however, must be considered in light of the project proponent's
objectives that are identified and set forth in the EIR as follow:
• To better serve the existing Lexus customer base in Newport Beach;
• To expand Lexus' market share in Orange County and the Newport Beach
area; and
• To construct a facility of high architectural quality, complementary to the
Newport Beach image.
Alternatives analyzed in the EIR, the relative overall magnitude of impacts of
each, and the extent to which each meets project objectives are as follows:
"No Proiect Alternative"
This alternative assumes that no revisions are made to the existing
General Plan and Planned Community texts, and that no new
development occurs. The Avis rental car storage facility and office uses
including Platt College would remain on the site.
Analysis in the Draft EIR indicated that the No Project Alternative would
not cause an increase in the amount of stormwater run -off. Water quality
c
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impacts could be greater than those of the proposed project, however,
because development of existing facilities on the site was not subject to
Water Quality Management Plans and the attendant Best Management
Practices that promote improvement in the quality of stormwater run -off.
Air quality impacts resulting from new construction would be eliminated.
Increases in peak hour trip generation would not occur. None of the
project proponent's objectives, however, would be attained in this
alternative.
"Reduced Project Alternative"
Redevelopment of the site with a Lexus dealership smaller than that of the
project as originally proposed is reflected in the Reduced Project
Alternative. The smaller dealership would include 117,000 square feet of
building area rather than 130,000 square feet as in the EIR "project ".
Qualitative analysis in the EIR shows that the Reduced Project Alternative
would result in comparable Aesthetics /Land Use, Air Quality, and
Hydrology and Water Quality impacts as the project. Quantitatively, the
Reduced Project Alternative would generate 28 fewer vehicle trips in the
morning peak hour and 34 fewer trips in the evening peak hour than the
project originally proposed. This reduction in peak hour trips would reduce
the traffic impact at the Jamboree /MacArthur intersection to a less than
significant level. Transportation Phasing Ordinance impacts at the
Irvine /Mesa intersection remain and the Reduced Project Alternative
would require participation in funding of improvements at that intersection.
The Reduced Project Alternative would allow the applicant to achieve
project objectives of better serving the existing Lexus customer base in
Newport Beach, of expanding Lexus' market share in Orange County and
the Newport Beach area, and of constructing a facility of high architectural
quality, complementary to the Newport Beach image.
Although the No Project Alternative minimizes or avoids physical environmental
impacts, this Alternative does not meet the applicant's project objectives.
Furthermore, CEQA Guidelines require that the FEIR identify an alternative other
than the No Project Alternative as the Environmentally Superior Alternative. The
Reduced Project Alternative (117,000 square -foot dealership) is deemed to be
the Environmentally Superior Alternative.
At the time the Draft EIR was completed, the applicant revised plans for the
Lexus dealership and reduced the building area to 117,000 square feet
consistent with the Reduced Project/Environmentally Superior Alternative. The
proposed dealership facility was subsequently reduced to approximately 114,485
square feet as shown in plans currently before the Planning Commission for
consideration. For CEQA purposes, this project is substantially consistent with
no
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the Reduced Project/Environmentally Superior Alternative and is expected to
result in comparable impact levels.
The resolution that includes the Planning Commission recommendation to City
Council on the Final EIR incorporates "Findings and Facts in Support of
Findings ". The Findings identify each potentially significant impact identified in
the Final EIR and indicates the means by which each is to be avoided or reduced
to a less than significant level.
General Plan Amendment
The eight (8) acre project site falls into two different land use designations in the
General Plan: the northerly five (5) acres are "Administrative, Professional and
Financial Commercial" and the southerly three (3) acres are "Retail and Service
Commercial." Automobile dealerships are not allowed within areas designated
"Administrative, Professional and Financial Commercial". Development of the
Newport Lexus automobile dealership requires a General Plan Amendment to
change the land use designation of the 5 -acre northerly portion of the site from
"Administrative, Professional and Financial Commercial" to "Retail and Service
Commercial," consistent with the current designation for the southerly 3 acres.
Based on data for Statistical Area L4 (Airport Area) of the Land Use Element of
the General Plan, total potential building area entitlement for the entire 8 -acre
site is approximately 139,000 square feet. The General Plan Amendment will not
increase the potential building area entitlement. An equivalent building area
entitlement of 24,000 square feet, however, is added to the existing 115,000
square feet of entitlement and replaces an allowable "3.0 acres for auto center
use" in the Statistical Area. The total potential building area entitlement in the
proposed Land Use Element description includes the equivalent 24,000 square
feet of entitlement for the 3 -acre southerly parcel, 115,000 square feet for the
northerly 5 -acre parcel, and 89,530 square feet for the office building at the
corner of MacArthur Blvd. and Dove St. which is not part of this project.
The existing and proposed Land Use Element descriptions of the Lexus
dealership site are as follow:
Existing Land Use Element description
Airport Area (Statistical Area L4)
2. Newport Place. Newport Place is bounded by Birch Street, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The area is identified
as the Newport Place Planned Community. The areas described are not
the same as those defined on the Planned Community Text map, but are a
compilation of the area on a block -by -block basis, with more precise site
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allocations made in the Planned Community Text. All development limits
exclude parking.
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.
Proposed Land Use Element description
Airport Area (Statistical Area 1-4)
2. Newport Place. Newport Place is bounded by Birch Street, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The area is identified
as the Newport Place Planned Community. The areas described are not
the same as those defined on the Planned Community Text map, but are a
compilation of the area on a block -by -block basis, with more precise site
allocations made in the Planned Community Text. All development limits
exclude parking.
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 228,530 sq. ft.
Charter Section 423 Analysis
Consistent with Section 423 of the City Charter of Newport Beach, Council
Policy A -18 requires that proposed General Plan Amendments be
reviewed to determine if voter approval is required. Voter approval is
required for a General Plan Amendment if more than 100 peak hour trips
will be generated, an additional 40,000 square feet of building area is
proposed, or more than 100 dwelling units will be built. The proposed
General Plan Amendment for the Newport Lexus project does not allow
additional building area entitlement or include any dwelling units and voter
approval is not required based on the respective Charter criteria. An
analysis of peak hour trips, however, was prepared and is included as
Exhibit 3.
Consistent with Charter Section 423, the peak hour trip analysis for the
General Plan Amendment includes 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. This
cumulative trip analysis shows that total AM peak hour trips would
increase by 21.26 and total PM peak hour trips would increase by 31.
is
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Both are below the 100 peak hour trip threshold of City Council Policy A-
18. Voter approval, therefore, is not required for this General Plan
Amendment.
Planned Community Development Plan Amendment
The entire project site is zoned "Planned Community" (PC). Development and
use regulations for this PC area are established in the document entitled
"Planned Community Development Standards Newport Place" (PC text). This
document was first adopted in 1970 and has been amended numerous times
since then.
The PC text designates the southerly 3 acres for auto center uses and the
northerly 5 acres for professional and business office uses. Amendment of the
Newport Place Planned Community text would change the PC text designation
for the entire project site to "General Commercial" to accommodate a broad
range of retail sales and service uses including the proposed Lexus dealership.
As in commercial zones elsewhere in Newport Beach, the revised PC text will
require a Use Permit for automobile sales and service uses.
Numerous clerical corrections will be made to the Planned Community Text.
Substantive changes to accommodate the Lexus automobile dealership are as
follows:
STATISTICAL ANALYSIS, PART II., COMMERCIALIPROFESSIONAL &
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.
Parking, 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;
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"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 — 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.
PART II., COMMERCIAL, Section 111., General Development Standards
for Commercial, B., Signs, Ground Sign
Maximum permissible height for an identification ground sign is increased
from four (4) feet to six (6) feet.
Land Use Plan Newport Place Planned Community
The line separating the sites designated "Auto Center Site 1 B" and "Pro. &
Bus. Office Site 3A" on the land use map is deleted. The designations of
sites as "Auto Center Site 1B" and "Pro. & Bus. Office Site 31" 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
ly
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Site 1B" into a single site that is designated as "General Commercial Site
7."
Use Permit
The revised "Planned Community Development Standards Newport Place"
includes automobile sales and service as a use subject to approval of a Use
Permit. The applicant also proposes to include a wine bar in the showroom
which, pursuant to Chapter 20.89 of the City's Zoning Code, "Alcoholic Beverage
Outlets ", is also subject to a Use Permit The Planning Commission will
recommend to the City Council such action as deemed appropriate for the Use
Permit request.
Planning Commission review of the Use Permit request for the automobile
dealership and the wine bar are required to ensure that the facility is designed,
located, and operated in a manner compatible with nearby uses. A
recommendation to the City Council to approve these uses requires that the
Planning Commission make the following findings:
That the proposed location for the automobile dealership is in accord with
the objectives of the Zoning Code and the purposes of the district in which
the proposed automobile dealership site is located;
That the propose location of the automobile dealership and the proposed
conditions under which it 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; and
That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the
district in which it would be located.
Use Permit— Automobile Dealership
Compatibility of the proposed automobile dealership with nearby uses is a
consideration in Use Permit approval. The proposed Lexus automobile
dealership would be located adjacent to the rear wall of a retail commercial
center that fronts on Bristol Street North and separated from office buildings that
are located opposite the project site across Jamboree Road, MacArthur
Boulevard, and Dove Street. The service and parking structure would be set
back a greater distance from Jamboree Road and a comparable distance from
Dove Street than the commercial center. Nearby office buildings are up to eight
IS
Newport Lexus
April 21, 2005
Page 16 of 21
stories in height. The proposed dealership facility is substantially consistent in
design, quality of materials, scale, and building volume with that of nearby
structures.
Vehicular access to the site is also a consideration in reviewing a request for a
Use Permit. Based on a previous circulation study, vehicular access points to
the project site were selected to provide safe ingress and egress. The main new
vehicle customer entrance at MacArthur Boulevard was located 130 feet south of
Bowsprit to avoid a conflict between vehicles entering MacArthur from Bowsprit
and vehicles entering the dealership from MacArthur. The analysis included a
recommendation that the curb radius of the traffic island that forms the
eastbound free right turn from Bowsprit Drive to MacArthur Boulevard be reduced
to 35 feet to slow turning traffic to further reduce conflict between traffic entering
MacArthur from Bowsprit and traffic entering the dealership from MacArthur.
This improvement is included as a condition of approval for the proposed project.
A weaving analysis was conducted to determine if vehicles exiting the proposed
dealership onto MacArthur Boulevard and crossing to the left -turn lanes to
eastbound Jamboree could safely do so. An estimated 60 vehicles at peak hour
were assumed to follow this route based on the originally proposed 130,000
square -foot facility. The weaving analysis showed that this volume of traffic
could safely merge with MacArthur Boulevard traffic and transition to the left -turn
lanes in the distance provided between the dealership driveway and the
MacArthur /Jamboree intersection. Subsequent reduction in the size of the
proposed dealership to approximately 114,000 square feet and inclusion of three
vehicle entrances to the site from Dove Street will further reduce the potential
number of vehicles using this route.
Noise emanating from the proposed dealership is a subject for review in the
application for a Use Permit. Noise sources on the project site, including the car
wash near the south end of the property, were considered in the Initial Study
prepared for the project as required by CEQA. No sensitive noise receptors e.g.
residences are located in the vicinity of the proposed dealership and the Initial
Study found that the highest noise levels would result from construction of the
dealership facility.
The proposed dealership is subject to Mitigation Measure M -XIA that requires
that construction activities be conducted in accordance with the City of Newport
Beach noise standards and that the hours of construction be limited accordingly.
The Initial Study indicates that operational noise sources would be less than
significant with Mitigation Measure M -XI.2 requiring noise barriers to minimize
operational noise impact consistent with the City's noise standards. A condition
of Use Permit approval requires that a noise study be conducted to assure that
noise levels at property lines nearest the service facility and car wash comply
with the City's noise standards.
il0
Newport Lexus
April 21, 2005
Page 17 of 21
Nighttime lighting of the dealership site was considered for possible impacts on
adjoining properties and rights -of -way as part of the EIR analysis. Although
potential impacts were considered significant, implementation of Mitigation
Measures M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and
operational controls would minimize potential lighting and glare impacts and
reduce them to a less than significant level.
Based on review of land use and building compatibility, of traffic considerations,
and of noise and light and glare impacts indicated, the Planning Commission
may make findings for approval of a Use Permit for the automobile dealership
and include them in a resolution recommending subsequent City Council
approval.
Use Permit —Wine Bar
The applicant's proposal to include a wine bar in the new car showroom is
subject to the findings required for a Use Permit as well as those of Chapter
20.89 of the Zoning Code, "Alcoholic Beverage Outlets ". A license from the
California Department of Alcoholic Beverage Control would also be required.
Recommendation of approval of the wine bar use is subject to Planning
Commission consideration of the following:
• Whether the use serves public convenience or necessity.
• The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
• The number of alcohol licenses per capita in the reporting district and in
adjacent reporting district as compared to the county-wide average.
• The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
• The proximity of the alcoholic beverage outlet to residential districts, day
care centers, park and recreation facilities, places of religious assembly,
and school.
The applicant proposes to include the wine bar (Hospitality Room) in the
dealership facility as an adjunct to the new vehicle sales and delivery process.
Customers would be offered a glass of wine as vehicle purchase documents are
prepared and the new vehicle is prepared for delivery.
The City of Newport Beach Police Department is compiling the information
relative to the crime rate in the area, the number of existing alcohol licenses, and
the numbers of alcohol - related calls in the vicinity. This information will be
II
Newport Lexus
April 21, 2005
Page 18 of 21
provided to the Planning Commission under separate cover prior to the public
hearing.
The nearest residential district is located in the Back Bay area three - tenths of a
mile west of the site across Bristol Street and the 73 Toll Road. The nearest
daycare center is located at Bristol and Birch, approximately 0.6 miles. Newport
Christian School at 1000 Bison is approximately 1.5 miles south of the site. East
Bluff Elementary is located at 2627 Vista Del Oro, approximately 1.5 miles to the
southwest. No churches are located within a mile and a half of the subject
property. Bonita Creek Park is located 0.6 miles to the south, Upper Newport
Bay Regional Park is located 0.4 mile to the southwest, and the University of
California —Irvine Nature Reserve is located 0.4 mile due east.
After considering the proposed wine bar use, the information to be provided by
the Newport Beach Police Department, and the proximity to other uses included
for consideration under Chapter 20.89, the Planning Commission may
incorporate this information and make findings for a Use Permit, indicated above,
in a resolution recommending City Council approval. Conditions of approval may
include the following:
The applicant may serve a glass of beer or wine only upon request by a
customer.
2. Only customers 21 years of age or older will be served.
3. A customer requesting a glass of beer or wine will be required to provide
the dealership receptionist with his /her driver's license for verification that
the customer is 21 years of age or older.
4. The receptionist will provide such customer with a voucher for a glass of
beer or wine, shall note the time at which the voucher is provided, and
shall retain customer's driver's license until the customer departs the
dealership.
5. A salesperson will then pour a 6 -ounce serving of beer or wine and serve
it to the customer.
6. No more than one 6 -ounce serving will be provided to any customer in any
one -hour period and the receptionist shall ensure that no customer
receives more than one 6 -ounce drink in any one -hour period.
Modification Permit
Zoning Code Chapter 20.93 authorizes granting of a Modification Permit
whenever strict application of provisions of the Zoning Code "... would preclude
a reasonable use of property not otherwise permissible under existing
regulations... "Among the regulations subject to the Modification Permit process
are those applicable to required building setbacks in front, side or rear yards. A
Modification Permit may be approved upon findings that the proposed building
is
Newport Lens
April 21, 2005
Page 19 of 21
would not be detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood, would not be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and that the proposed modification is consistent with
the legislative intent of the Zoning Code.
Consistent with this process, the applicant is requesting a Modification Permit to
allow encroachment of vehicle display areas at the Jamboree Road frontage into
the required landscaped yard, to allow encroachment of eight (8), circular vehicle
display pads into required landscaped yards at Jamboree Road, MacArthur
Boulevard, and Dove Street, to allow encroachment of the dealership showroom
into the required yard at Dove Street, to allow a site screening wall and tire and
new and waste oil storage to encroach into the required yard opposite the service
facility at the Dove Street frontage, and to allow reduction of the sideyard at the
northerly property line from the required 10 feet to 6 feet.
As indicated in the Project Description section of this report, minimum
landscaped front yards of 30 feet are required by the PC Text at both the
MacArthur and Jamboree (`Special Landscaped Streets ") frontages. The
landscaped front yard shown on the project plans along MacArthur, measured
from right -of -way line, varies from 18' at the fountain to 25'— 10'/a" at the outdoor
automobile display area adjacent to the service building, to 26' near the
Jamboree /MacArthur intersection, and to a maximum of 52' — 6" at the south
property line. Future right -of -way dedication will reduce the depth of the front
yard at the automobile display next to the service building to 19' 5' /z ".
The southwesterly comer of the showroom building encroaches approximately
one foot into the required 30' yard at Dove Street. A 10 -foot high screening wall
is to be located 10 feet from the Dove Street property line within the required
minimum 30 -foot yard. The wall is proposed to screen the service building, and
tire and vehicle fluid storage areas proposed within the 30 -foot yard from Dove
Street.
As previously noted, easements for a water line and a storm drain bisect the
proposed dealership site. The possible need for future repair or replacement of
these lines by the City of Newport Beach requires that sufficient access be
maintained and that no building or structure block this access. This access
effectively precludes development on a 60 foot -wide portion of the site stretching
from Jamboree Road to Dove Street. Compliance with minimum required
building setbacks at each of the three streets abutting the site further limit the
area available for development and the possible configuration of buildings. The
site plan reflects the applicant's best effort to incorporate minimum required
building areas for dealership functions consistent with the intent of the Zoning
Code.
j9
Newport Lexus
April 21, 2005
Page 20 of 21
Traffic Study
The Planning Commission will make a recommendation to City Council on the
Traffic Study prepared according to Municipal Code Chapter 15.40, Traffic
Phasing Ordinance (TPO). The TPO requires the Traffic Study as a basis for
evaluating traffic impacts of the project, of identifying improvements needed to
accommodate project traffic, and of ensuring that improvements are made or
funded by the project proponent in a manner roughly proportional to the impacts
of the project.
A Traffic Study was conducted for the 130,000 square -foot dealership project and
for the 117,000 square-foot Reduced Project Alternative (See draft Final EIR for
TPO Analysis). The results of the Reduced Project Alternative TPO analysis
approximate and marginally overestimate the traffic impacts of the smaller
dealership now proposed by the applicant. Accordingly, the results of the
Reduced Project Alternative TPO analysis are applicable and summarized here.
Because the traffic impacts of the Reduced Project Alternative would be reduced
from those of the 130,000 square -foot project, only intersections shown to be
affected by the larger project were analyzed in the Reduced Project Alternative
Traffic Study. Consistent with the TPO, project trips that would exceed one
percent of peak hour vehicle movements on any intersection approach and would
cause or make worse an unacceptable level of service at an impacted
intersection represent a significant TPO impact. As indicated in Table 4 -1 of the
FEIR, the only significant TPO impact would be at the intersection of Irvine
Avenue and Mesa Drive where the evening peak hour ICU would increase from
0.98 to 0.99, thus worsening an unacceptable level of service.
The TPO requires that the project proponent either complete improvements or
participate in funding of improvements to the Irvine Avenue /Mesa Drive
intersection commensurate with project impacts. Required improvements are set
forth in FEIR Mitigation Measure M -3C.1: "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 hand and one right -turn lane.
In addition, necessary signal modifications will be made to implement split -phase
signal operation on the east -west approaches."
A Planning Commission recommendation for City Council approval of the Traffic
Study as conforming with the requirements of the TPO is appropriate upon
findings by the Planning Commission that:
1) A traffic study was prepared in compliance with the TPO;
2) Based on the evidence including the traffic study, construction of the
project will be completed within sixty (60) months of approval; and
Newport Lexus
April 21, 2005
Page 21 of 21
3) The project including circulation improvements that the project
proponent is required to fund will neither cause nor make worse an
unsatisfactory level of traffic service at any intersection.
The project proponent intends to complete construction within eighteen (18)
months of project approval. As indicated above, the project proponent will be
required to implement FOR Mitigation Measure M -3C.1 that will restore the ICU
at the Irvine Ave/Mesa Drive intersection to an acceptable level. A Planning
Commission recommendation of City Council approval of the project Traffic
Study as conforming to the TPO is appropriate.
CONCLUSION:
After reviewing the project plans and elevations and the Final Environmental
Impact Report (EIR), General Plan Amendment (GPA), Planned Community (PC)
Text Amendment, Use Permit (UP), Modification Permit, and Traffic Study, and
after receiving public comments, the Planning Commission may adopt a
resolution recommending that City Council certify the Final EIR and approve the
GPA, the PC Text Amendment, the UP, the Modification Permit, and the Traffic
Study for the Newport Lexus automobile dealership.
Prepared by:
David Lepo
Hogle - Ireland, Inc.
Exhibits: 1. Plans and Elevations
Submitted by:
J VJ� ��°r
Patricia Temp
Planning Director
2. Final Environmental Impact Report
3. Charter Section 423 Analysis
4. Draft Resolution for project approval
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(See Exhibit EIR -1 and EIR -2 to Draft Resolution Exhibit 4)
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Exhibit 3
Charter Section 423 Analysis
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Charter Sa*" 423Aaalyls
January 6, 2005
36
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GPA 2001 -004. 80%
1;272
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1.,272
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31.00
January 6, 2005
36
EXHIBIT NO. 3
RESOLUTION NO.
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.
I IN
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 22
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
39
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 22
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:
yo
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 22
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.
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 and conditions of approval include
street improvements at MacArthur Boulevard and Bowsprit to further enhance
safe vehicular movements near the site.
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 -XIA 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 was 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.
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
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 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
yl
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 22
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 because the Use Permit will include
the following conditions:
The applicant may serve a glass of beer or wine only upon request by a
customer.
2. Only customers 21 years of age or older will be served.
3. A customer requesting a glass of beer or wine will be required to provide the
dealership receptionist with his/her driver's license for verification that the
customer is 21 years of age or older.
4. The receptionist will provide such customer with a voucher for a glass of beer or
wine, shall note the time at which the voucher is provided, and shall retain
customer's driver's license until the customer departs the dealership.
5. A salesperson will then pour a 6 -ounce serving of beer or wine and serve it to the
customer.
6. No more than one 6 -ounce serving will be provided to any customer in any one -
hour period and the receptionist shall ensure that no customer receives more
than one 6 -ounce drink in any one -hour period.
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, 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 required 30 -foot front yard, and because the
side yard at the northerly edge of the property is proposed to be 6 feet rather than 10
feet as 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
107
City of Newport Beach
Planning Commission Resolution No. _
Page 6 of 22
of a Modification Permit to accommodate these project components would not be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood, would no be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City, and would be
consistent with the legislative intent of the Zoning Code for the following reasons:
1. The landscaped yard adjacent to Jamboree Road has a variable depth ranging
from 52'-6" to 18' from the existing right -of -way line results in landscaped yard
area significantly greater in area than that which would result from incorporation
of landscaped yard with a constant depth of 30 feet. No buildings will encroach
into this landscaped yard thereby avoiding possible inappropriate building
massing near lot lines.
2. The front yard at the automobile showroom is 28 feet at its narrowest point and
40 feet at the widest point which results in landscaped yard area significantly
greater than that which would result from incorporation of a landscaped yard with
a constant depth of 30 feet.
3. The 10 -foot high architectural screening wall at Dove Street provides a visual
barrier between the street and the interior of the service building and screens the
tire and fluid storage areas from view from Dove Street and the 10 -foot yard
proposed shall be heavily landscaped to enhance the streetscape.
4. The proposed encroachments do not occur adjacent to any structures on another
property but at rights -of -way or adjacent to parking areas 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
U
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 22
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.
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 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 21st DAY OF APRIL 2005.
BY:
Larry Tucker, Chairman
M
Jeffrey Cole, Secretary
AYES:
NOES:
ABSENT:
9y
City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 22
EIR -1
Draft Environmental Impact Report
for Newport Lexus
(SCH #2004081004)
45
City of Newport Beach
Planning Commission Resolution No. _
Page 9 of 22
EIR -2
Responses to Comments on the
Draft Environmental Impact Report
for Newport Lexus
(SCH #2004081004)
Ell
City of Newport Beach
Planning Commission Resolution No. _
Page 10 of 22
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.
I/
City of Newport Beach
Planning Commission Resolution No. _
Page 11 of 22
Exhibit "B"
(To be provided under separate cover prior to public hearing)
REVISED GENERAL PLAN LAND USE MAP
City of Newport Beach
Planning Commission Resolution No. _
Page 12 of 22
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., COMMERCIAUPROFESSIONAL $
BUSINESS OFFICES, A. Building Sites, B. Buildina 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. Parkina, E.
Landsca in —Open S"ace, 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 —
49
City of Newport Beach
Planning Commission Resolution No. _
Page 13 of 22
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.
PART II., COMMERCIAL, Section 111., General Development Standards for
Commercial, B., Signs, Ground Sign
Maximum permissible height for an identification ground sign is increased from
four (4) feet to six (6) feet.
Land Use Plan Newport Place Planned Community
The line separating the sites designated "Auto Center Site 1 B" and "Pro. & Bus.
Office Site 3A" on the land use map is deleted. The designations of sites as
"Auto Center Site 113" 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 72 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 113" into a single site that is designated as "General
Commercial Site 7."
50
City of Newport Beach
Planning Commission Resolution No. _
Page 14 of 22
Exhibit I'D"
Area Summary
Intlu °tr °I 40.2 ac.
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REVISED NEWPORT PLACE MAP
s�
City of Newport Beach
Planning Commission Resolution No. _
Page 15 of 22
Exhibit "E"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2004 -026, TRAFFIC STUDY NO. 2004 -003 AND MODIFICATION
PERMIT NO. 2005 -030
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.
S. 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.
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.
sa
City of Newport Beach
Planning Commission Resolution No. _
Page 16 of 22
9. Use Permit No. 2004 -026 shall expire unless exercised within 24 months from the
date of approval as specked 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 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.
17. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
18. A sign plan shall be submitted for review for conformity with Planned Community
Development Standards Newport Place and a Modification Permit, if required,
applied for. 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.
53
City of Newport Beach
Planning Commission Resolution No. _
Page 17 of 22
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 sediment from run -off and allow clarification prior to discharge.
26. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
s9
City of Newport Beach
Planning Commission Resolution No. _
Page 18 of 22
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 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.
30. 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
incorporate drought tolerant plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Department, General Services
Department and Public Works Department. All planting areas shall be provided
with a permanent underground automatic sprinkler irrigation system of a design
suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or
an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
31. 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.
Z'
City of Newport Beach
Planning Commission Resolution No. _
Page 19 of 22
32. 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.
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 lightisecurity 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.
33. 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.
34. 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.
35. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
W
City of Newport Beach
Planning Commission Resolution No. _
Page 20 of 22
a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
C. Any imported soil for general grading shall have a Expansion Index of less
than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over- excavate and moisture soils condition below foundations, floor slabs
and hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
L Use of rigid foundation and floor slabs.
36. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide fire sprinklers for all buildings;
b. Provide Class I standpipes for parking structure in addition to fire
sprinklers;
C. Elevators shall be capable of accommodating a 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.
37. 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.
38. 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.
39. 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.
51)
City of Newport Beach
Planning Commission Resolution No. _
Page 21 of 22
40. 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 throughtleft 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.
41. 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.
42. During construction of the proposed improvements:
a. construction vehicles shall not block roadways on any roads adjacent to
the project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes proper tuning and timing of engines. Equipment
maintenance records and equipment design specification data sheets
shall be kept on -site during construction;
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
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;
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.);
City of Newport Beach
Planning Commission Resolution No. _
Page 22 of 22
k. limit traffic speeds on unpaved roads to 15 miles per hour;
1. 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.
43. 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.
44. The applicant shall ensure that the trash dumpsters and /or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including
all future amendments (including Water Quality related requirements).
45. 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.
46. 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.
0