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HomeMy WebLinkAbout1689 - RECOMMEND TO ADOPT MND AND APPROVE GPA, CA, UP AND TS_2101 DOVE STREETRESOLUTION NO. 1689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006- 021036) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004- 009, CODE AMENDMENT NO. 2004 -012, USE PERMIT NO. 2004 -043 AND TRAFFIC STUDY NO. 2005 -006 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA 2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project application, the Mitigated Negative Declaration and comments received thereon were 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 project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used exclusively for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. City of Newport Beach Planning Commission Resolution No. Page 2 of 16 WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same and include vehicle service and storage. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use policy from APF to RSC, the maximum peak hour trips methodology has been used. According to Council Policy A -18, the broad list of uses permitted in the RSC, APF and RMC zones has the same average rate. The trip generation rates are 3 for morning and 4 for evening peak hour trips per each 1,000 square feet of floor area. Based on these identical rates the proposed amendment will result in no additional peak hour trips. There would not be an appreciable difference in traffic generation, on average, in the event that the site was redeveloped consistent with either land use designation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -foot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHERAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its City of Newport Beach Planning Commission Resolution No. Page 3 of 16 implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment from February 9 to March 10, 2006. Comments were received from the Orange County Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc. and Department of Toxic Substances Control. After duly considering the comments, new potentially significant impacts were identified. The potential impacts related to Cultural Resources, Hazards and Hazardous Materials and Noise. As result, three (3) mitigation measures were identified that would reduce or avoid the impacts to less than significant levels. The identification of new potentially significant impacts and three mitigation measures to avoid or lessen potential impacts necessitates re- circulation the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. WHEREAS, on the basis of the present environmental record recognizing the need to re- circulate the MND, the project should not have a significant impact upon the environment with the application of the mitigation measures as conditions of approval. It is further recognized that additional comments may be received on the revised MND that must be fully considered by the City prior to adoption of the MND and final action on the project by the City Council. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach recommends that the City Council adopt the Mitigated Negative Declaration SCH No. 2006 - 021036, prepared for the project subject to its re- circulation and careful consideration of any additional comments received. Section 2. The Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2004 -009 per revised Campus Drive Area (Statistical Area L-4) depicted in Exhibit "A" and Land Use map depicted in Exhibit "B ", and revision to Zoning Map depicted in "C ", Use Permit No. 2004 -043, and Traffic Study No. 2005 -006 all subject to Conditions of Approval in Exhibit "D" attached hereto and made part hereof. City of Newport Beach Planning Commission Resolution No. Page 4 of 16 PASSED, APPROVED AND ADOPTED THIS 6th DAY OF APRIL 2006. AYES: Eaton, Toerge, McDaniel and Henn NOES: Hawkins ABSENT: Cole and Tucker BY: . %%� el TSerge, Chairman BY: Barry Eaton ecretary City of Newport Beach Planning Commission Resolution No. Page 5 of 16 Exhibit "A" THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED: 3. Campus Drive. This area is bounded by Campus Drive, MacAuthur Boulevard, Birch Street and Bristol Street North. The area is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land uses. The maximum allowed floor area ratio is 0.5/0.75. City of Newport Beach Planning Commission Resolution No. _ Page 6of16 Exhibit "B" PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO RETAIL AND SERVICE COMMERCIAL. f I i i General Plan Land Use Designation �. ma..W. M E mm�<W camwrcW -Rp�1189wNea ce9.o.r�a a f� i m C� 7 Z r rt C U i� n 2 • C A 0 City of Newport Beach Planning Commission Resolution No. Page 7 of 16 Exhibit "C" PROPOSED CHANGE TO THE ZONING MAP FROM APF TO RSC f i A. Subject Site APF to RSC Zoning Districts -,1or,Yt.haesgwxlb gna,dal cwlnw[IN 5 -Rwsi a s.rvaa �` cs�mvaa� ....... MannSE CamMMry u m w ♦ � G4 l'� 1 e I �1 d' U hEWPOPi RPCC �` City of Newport Beach Planning Commission Resolution No. _ Page 8 of 16 Exhibit "D" CONDITIONS OF APPROVAL Use Permit No. 2004 -043 and Traffic Study No. 2005 -006 (PA2004 -249) 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 plans date stamped of March 23, 2006. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. Should this operation be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. 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. 7. The facility shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building Department. Traffic Engineering 8. All parking stall dimensions shall comply with City's Standard Drawings STD - 805-L-A and STD- 805 -L -B. 9. Sight distance at all entrances (monument signs, walls, display vehicles and landscaping etc.) shall conform to the City's Sight Distance Standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. City of Newport Beach Planning Commission Resolution No. Page 9 of 16 10. No deliveries shall occur on any portion of public right -of -way. All deliveries shall be handled on -site. All delivery routes shall be approved by the City Traffic Engineer. 11. Driveway approaches shall be constructed per City Standard STD- 160 -L, modified to comply with current ADA requirements. The driveway shall be minimum of 26 feet wide (measured from bottom X to bottom X). The abandoned driveway approaches shall be reconstructed per City Standard STD- 165 -L. 12. Parking plans shall be fully dimensioned. The center parking aisle near Campus Drive shall shift toward Campus Drive to improve the overall circulation within the parking area. 13. Gate openings shall be a minimum of 24 feet wide to accommodate two - directional travel. 14. A new driveway approach shall be provided on Dove Street for access to the customer parking area. The final location and design of the driveway approach shall be reviewed and approved by the Traffic Engineer. 15. Staging of construction equipment shall not be permitted on the public right -of- way. 16. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 17. All walkways and planters within the parking lot shall be widened, where applicable, to act as wheel stops. The maximum allowable parking stall overhang is 2 feet 6 inches. Fire Department 18. Prior to the issuance of building permit, fire sprinkler contractor or fire protection engineer shall determine the use and viability of existing sprinkler system as the existing system may not be adequate for the proposed use. 19. Prior to the issuance of building permit, fire service shall be provided underground with a double backflow preventor. An encroachment permit from Public Works Department shall be required. A fire permit shall also be required. 20. Prior to the issuance of occupancy permit, the Fire Department connection to Dove Street shall be relocated and shall be within 150 feet of a fire hydrant. 21. Fire sprinkler system shall be monitored indefinitely. City of Newport Beach Planning Commission Resolution No. Page 10 of 16 22. Sprinkler demand may be increased depending on the types of materials stored in the inventory storage. 23. A special building features for high stockpile shall be required if the storage has piles, pallets, racks or shelves exceed 12 feet in height in the inventory area. 24. The applicant must indicate occupancy classification, type of construction and square footage comply with the 2001 Edition of the California Building Code. Development Services Engineering 25. Prior to the issuance of building permit, the applicant shall coordinate with the Orange County Transportation Authority to ascertain that the proposed frontage improvements along Birch Street will not conflict with OCTA operations. 26. Prior to the issuance of building permit, an ADA travel path shall be required between the Birch Street sidewalk and the new building. 27. The current sidewalk location within the Campus Drive right -of -way fronting this development shall remain as a "Path of Travel ". 28. Given the existing topography, on -site drainage shall not be routed in a manner that would cause any spillage onto the existing development southerly of this project. 29. All surface runoff shall be directed toward and treated by an at/below grade storm water clarifier before the water can be discharged. 30. Except for storm overflows, no curb drains shall be installed to allow the discharge of polluted on -site runoff onto the public right -of -way. 31. Prior to the issuance of building permit, the existing curb drains along Dove Street shall either be eliminated or retrofitted for storm overflows only. New curb /gutter shall be constructed where the existing curb drains have been removed. 32. Prior to the issuance of building permit, depending upon the final site drainage design, additional on -site drainage provisions may be required. 33. Prior to the issuance of building permit, the existing curb access ramp at the southeast corner of Campus Drive /Dover Street and at the southwest corner of Dover Drive /Birch Street shall be reconstructed to comply with the current ADA requirements. City of Newport Beach Planning Commission Resolution No. Page 11 of 16 34. Prior to the issuance of occupancy permit, the existing uplifted /damaged /displaced concrete sidewalk, curb, and gutter that surround this development shall be reconstructed per City Standards. 35. Prior to the issuance of occupancy permit, all existing street trees shall be protected in place. Additionally, per Chapter 13 of the City of Newport Beach Municipal Code, new street trees shall be installed along the street frontages that surround this development. 36. Upon completion of construction, the existing red curbs that surround this development shall be repainted. The applicant shall reimburse the City for the cost of such work. 37. Prior to the issuance of occupancy permit, "No Parking" signs shall be installed along new red curbs per City Standards. 38. Upon completion of construction, the portion of the existing Campus Drive roadway fronting this development, from the easterly roadway edge of gutter up to the northbound No. 2/3 traffic lane line shall be grounded and capped with a 3- inch thick AC pavement overlay. New sprayable thermoplastic traffic striping and markings and raised pavement markers shall be installed within the limits of said roadway work. 39. In the event that the City's Birch Street roadway rehabilitation project is completed prior to the development construction completion, any damage done to the Birch Street new roadway pavement by the applicant will cause the applicant to repave the roadway at no cost to the City. Utilities Department 40. Prior to the issuance of building permit, the fire service shall be upgraded per STD 517 -L. 41. Prior to the issuance of building permit, a 2 -inch RPP backflow device shall be installed to the existing water meter. 42. Prior to the issuance of building permit, sewer cleanout at the property line shall be required. City of Newport Beach Planning Commission Resolution No. Page 12 of 16 Building Department 43. 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. 44. Prior to the issuance of the grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. Mitigation Measures of the Mitigated Negative Declaration 45. The Project Applicant shall comply with SCAQMD Rule 403 requirements as follows: a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. City of Newport Beach Planning Commission Resolution No. Page 13 of 16 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. g. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. h. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. Traffic speeds on all unpaved roads shall not exceed 15 mph. 46. During construction activities if any archaeological resources are encountered, all work shall cease in that area until a qualified archaeologist can evaluate the nature and significance of the find. If major archaeological resources are discovered which require long -term halting or redirection of grading, the archaeologist shall report such findings to the applicant and the City of Newport Beach Planning Department. The archaeologist, in consultation with appropriate agencies and Native American organization, shall determine appropriate action which ensures proper exploration and /or salvage. 47. Prior to issuance of occupancy permit, the applicant shall provide verification (i.e., sample results) to the City of Newport Beach that on -site soils have been tested. Any soils encountered or removed during construction activities (particularly within the building's interior or behind the building near the loading dock) shall be sampled for total petroleum hydrocarbons (TPH) and volatile organic compounds (VOCs). If soil contamination is discovered, the applicant shall work with the City of Newport Beach and the appropriate regulatory agency to determine the appropriate action (i.e. remediation or excavation of soils). 48. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that an asbestos survey has been conducted within the existing building. If asbestos is found, the Project Applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. 49. Prior to issuance of occupancy permit, the applicant shall file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the project site, storage methods, and spill prevention plans. 50. Prior to issuance of occupancy permit, the applicant shall prepare and implement a Spill Prevention Control and Countermeasures Plan to the City of Newport Beach as mandated by the State Water Resources Control Board (SWRCB). City of Newport Beach Planning Commission Resolution No. Page 14 of 16 51. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that lead -based paint and mercury surveys have been conducted within the existing building. If lead -based paint or mercury is found, the applicant shall follow all procedural requirements and regulations for proper removal and disposal of such hazardous substances. 52. Prior to issuance of grading or building permit, the applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with RWQCB. 53. The applicant shall demonstrate implementation of appropriate source control and treatment control Best Management Practices as specified in the Draft Water Quality Management Plan (WQMP) prepared by Walden & Associates dated October 7, 2004, subject to the approval of the Public Works Department. 54. Construction activities shall be confined to any weekday between the hours of 7:00 A.M. and 6:30 P.M. and on any Saturday between the hours of 8:00 A.M. and 6:00 P.M. 55. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 56. The applicant shall comply with John Wayne Airport's Airport Environs Land Use Plan Noise Impact Zone I requirements to ensure the service advisor offices and customer lounge are sufficiently sound attenuated from the combined input of all present and projected exterior noise to meet 55 dBA Leq. These measures shall be incorporated during the detailed design stage of the project to comply with the minimum sound insulation requirement. The final design shall be subject to the approval of the Building Department. Achieving this level of sound insulation may include the followings: a. Installation of air - conditioning /mechanical ventilation such as the interior space will not have to rely on open windows for ventilation; b. Installation of dual insulating glazed systems; C. Provision of doors and openings to the exterior with acoustic seals; d. Addition of additional wall insulation; and /or e. Provision of fitting vents with dampers and /or acoustic louvers. City of Newport Beach Planning Commission Resolution No. Page 15 of 16 57. Prior to issuance of building permit, the applicant shall pay a fair share contribution fee to the City of Newport Beach per Section 15.38 of the Municipal Code. 58. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 59. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 60. Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A.M. the following morning) 61. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Project Applicant shall complete all required repairs. 62. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 63. Reclaimed water shall be used whenever available, assuming it is economically feasible. Planning Department 64. Prior to the issuance of the building permit, the applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the proposed landscape areas. 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. 65. 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, City of Newport Beach Planning Commission Resolution No. _ Page 16 of 16 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. 66. Prior to the issuance of occupancy permit, 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. 67. 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.