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Home My WebLink About04 - Annual Review of Fletcher Jones Motorcars - PA2009-052 o4�Ewr°Q COMMUNITY DEVELOPMENT DEPARTMENT 30 9 PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768,Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 C`�LfFOR�,P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 11, 2014 Agenda Item No. 4 SUBJECT: Annual Review of Fletcher Jones Motorcars Development Agreement (PA2009-052) 3300 Jamboree Road APPLICANT: Fletcher Jones Motorcars PLANNER: Fern Nueno, Associate Planner fnueno(a-)newportbeachca.gov, (949) 644-3227 ZONING DISTRICT/GENERAL PLAN • Zone: PC 42 (San Diego Creek North Planned Community) • General Plan: CG (General Commercial) PROJECT SUMMARY An annual review of Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION 1) Conduct a public hearing; 2) Find the review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; 3) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 4) Receive and file the Annual Report of the Development Agreement for Fletcher Jones Motorcars (Attachment No. ZA 2). 1 V� QP �P Annual Review of Development Agreement No. 9 (PA2009-052) Zoning Administrator, December 11, 2014 Page 2 DISCUSSION Section 15.45.080 of the Municipal Code requires the City to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review should be conducted at least once every 12 months. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the Zoning Administrator find that the applicant has not complied in good faith with the agreement, the Zoning Administrator should refer the matter to the City Council. Background On September 11, 1995, the City Council approved Development Agreement No. 9 ("DA") between the City of Newport Beach and Fletcher Jones Motorcars, Inc. The purpose of the DA was to allow for the development of a previously undeveloped site, known as San Diego Creek North, with the Fletcher Jones Mercedes Benz automobile dealership, which was previously operating in another area of the City. In conjunction with the DA, on September 11, 1995, the City Council approved General Plan Amendment No. 95-1 (D), Local Coastal Program Amendment No. 39, Amendment No. 823 (amendment to PC-42 San Diego Creek North), Use Permit No. UP3565, Traffic Study No. 108, and an amendment to Development Agreement No. 6 (CIOSA). The term of the DA is for 20 years and will be in effect up to the year of 2016. The auto dealership has been in operation at this location since September 1997. The DA is available online at: htto://www.newoortbeachca.aov/develoomentagreements. At the last annual review on August 29, 2013, the Zoning Administrator found Fletcher Jones to be in good faith compliance with the DA. Terms and Conditions Fletcher Jones Motorcars is subject to the terms and conditions specified in Development Agreement No. 9. The obligations under the DA include requirements for obtaining land, development of the site, and fees/payments. The City obligations include assisting Fletcher Jones Motorcars with non-City permits, constructing the Bayview Drive extension, acquiring land from Irvine Company and Caltrans, and sharing certain costs. The original construction and subsequent remodels or additions were/are reviewed at the time of plan check and permit issuance. During the 1999 review, the City Council found all but two conditions of the DA had been met relating to payments for the Bayview Drive extension and landscaping requirements. During the 2009 review, the City Council found that the remaining conditions had been met. During the previous review in 2013, the Zoning Administrator found Fletcher Jones Motorcars to be in good faith compliance with the DA. Tmp1t10-15-13 Annual Review of Development Agreement No. 9 (PA2009-052) Zoning Administrator, December 11, 2014 Page 3 Annual Review Since the last review, minor improvements were completed that were in accordance with the DA and Use Permit. After reviewing the Annual Report (Attachment No. ZA 2) and applicable documents, staff believes that Fletcher Jones Motorcars continues to comply in good faith with terms and conditions of the DA. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. PUBLIC NOTICE Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD An appeal may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at (949) 644-3200. Prepared by: IAI� F r6 Nbeno, Associate Planner JGfn Attachments: ZA 1 Vicinity Map ZA 2 Annual Report Tmp1t10-15-13 J Attachment No. ZA 1 Vicinity Map 5 V� QP �P \ f t VICINITY MAP MW SAW CM Subject Property fYM1nI(W WA w� I Annual Review of _1 . • No. • PA2009-052 3300 Jamboree • • V� QP �P g Attachment No. ZA 2 Annual Report 9 V� QP �P 20 ENTITLEMENT yy ADVISORS LLC TRACK RECORD • TEAM TENACITY December 1, 2014 Ms. Fern Nueno Associate City Planner City of Newport Beach 33oo Newport Blvd. Newport Beach, CA 92658 RE: Fletcher Jones Motorcars, Development Agreement #9 Dear Ms. Nueno: In response to the request of the City for an updated status report on Development agreement ("DA") No. 9 for Fletcher Jones Motorcars (FJM), we note that there have been no significant activities on the property since the city's 2013 Staff Report. Some minor activities are as follows: 0091-2014 COMM - (1) NEW SMOKE DET FOR ELEV UPGRADE (3) NEW CONTROL RELAYS FOR ELEC RECAL/ALT RECALL& HAT LIGHT"FLETCHER JONES" o6o1-2014 (permit not finaled) COMM SHADE STRUCTURE 828 SF 1781-2014 (permit not finaled) COMM - REPLACE(E) SPRAY BOOTH 365 SF FJM is in complete compliance with the DA and has completed all of the requirements of DA No. 9. Additionally,the dealership continues to generate the significant sales tax revenues to the City that was anticipated by the agreement. Let us know if you have any further questions. Sincerely,Carol McDermott Agent cc: Garth Blumenthal, Fletcher Jones Motorcars Larry Lewis, Fletcher Jones Motorcars 500o Birch Street I East Tower I Suite 400 1 Newport Beach I California 19266o 12