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HomeMy WebLinkAbout1727 - APPROVE UP, DA AND CS_2244 WEST COAST HWYRESOLUTION NO. 1727 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -024, DEVELOPMENT PLAN NO. 2007 -001 AND COMPREHENSIVE SIGN PROGRAM NO. 2007 -004 FOR DEVELOPMENT OF A NEW VEHICLE SALES FACILITY LOCATED AT 2244 WEST COAST HIGHWAY (PA 2006 -203) WHEREAS, an application was filed by Vik Keuylian, with respect to property located at 2244 West Coast Highway, and legally described as Portion of Lot A, Tract 919, as shown on Miscellaneous Map Book 029, Pages 31 -34, requesting approval of Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007 -004 for a new vehicle sales facility; and WHEREAS, a public hearing was held on July 19, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the subject property is located within the Mariner's Mile Specific Plan District and is subject to the requirements of Section 20.42.060 of the Zoning Code which requires new development within the Mariner's Mile Specific Plan District to obtain approval of a Development Plan. The project has been found consistent with the Mariner's Mile Specific Plan and the Design Framework for the following reasons: 1. Architecture — The Design Framework encourages responsible and sensitive designs which respect and "fit in" to the surroundings. The proposed building has been designed to comply with the basic height limit, FAR, and setback requirements of the SP -5 District and sited similarly to the existing office building that occupies the site currently, as well as the adjacent motel building. The guidelines also encourage the buildings to be designed as "five- sided" (walls and roof) and to respond to views from above. Sensitive to the views of the residential homes above, the roof and roof elements of the proposed building have been designed to be clean and smooth and will be painted to match the predominant building color. The mechanical equipment is located in a deep mechanical well that will screen the equipment from an angle, including the views from the residences above. Additionally, a trellis and white fabric awnings will screen the second floor deck areas and will provide some visual relief to the surface of the roof. 2. Site Planning Considerations — The guidelines encourage buildings to be oriented toward the street and to promote pedestrian connections and amenities. The proposed project has been designed close to the street frontage with parking screened behind the building at the rear of the lot. The large glass fagade of the building focuses attention on the exotic vehicle display areas inside the building, enhancing the visual interest of the front elevation to the public. The project has been designed free of Planning Commission Resolution No. visual obstructions to encourage pedestrians to visit and experience the dealership, or even just to view the vehicles from the sidewalk. Although, it should be noted that the primary entrance to the building is located towards the rear of the showroom, adjacent to the driveway, in a location that is clearly geared towards customers parked in the rear and not the casual pedestrian walking across the site. However, given that the proposed use is an exotic vehicle sales facility, sales will not be to pedestrians, but rather customers arriving at the site by car. 3. Landscaping — The Design Framework establishes specific landscaping requirements that have been incorporated within the Zoning Code, which makes compliance with standards mandatory. Three primary elements are required: 1) a minimum 4 -foot wide planter with a hedge and palm row at the back of sidewalk across the site; 2) interior parking lot landscaping; and 3) property line wall and median landscaping incorporating plant materials from a specific palette of species. The proposed landscape plan provides for a large planter area across the frontage of the property (with the exception of the driveway opening) and contains a continuous hedge of Japanese Boxwood and 4 Mexican Fan palms. The plan also provides 18 interior parking lot shade trees and proposes bougainvillea along the property line walls. Additionally, the landscaping has effectively been designed to screen the fire sprinkler risers and check valves located in the project frontage from the public view. 4. Palette of Colors, Materials and Details — The Design Framework recommends a basic color system where the base building color is neutral and is approximately 90 percent of the building. Contrasting trim elements, being light or dark, are to be no more than 10 percent of a building and accent elements with bright colors being up to 5 percent of the exterior of the building. The Design Framework also encourages the use of high quality building materials or other details of a nautical nature. The base building color as proposed is predominately a neutral grey with white trim around the second floor showroom. Accent elements include white fabric canopies and stainless steel building hardware and deck railing cables. The use of these accent elements are also consistent with the types of nautical materials recommended in the Design Framework. To further enhance the building's nautical design elements and to contribute to the visual character and feeling of Mariner's Mile, the applicant has proposed the use of embossed seagull sculptures within the building's wall finish around the building. 5. Lighting — The Design Framework states that the "lighting should be purposeful and respectful ". Lighting must be contained on -site using down lighting wherever possible and incorporate shielding. Parking lot lights cannot be taller than 20 -feet and "walpak" type fixtures are prohibited. The project will utilize recessed down light wherever possible at soffits, drive -thru, and at recessed areas of building. Security lighting along the exterior walls and parking lot lighting will be directed downward and will be shielded to provide zero light spillage onto adjacent properties and to eliminate glare to the residences above. The project has been conditioned so as to require a photometric study in conjunction with a final lighting plan for approval by the Planning Department prior to the issuance of building permits. Planning Commission Resolution No. Pape 3 of 16 6. Signage — Consistent with the Design Framework, the applicant has prepared a Comprehensive Sign Program. 7. Equipment — The Design Framework encourages all mechanical equipment and utilities to be sensitively located and screened from view. The applicant has proposed to underground all utilities, with the exception of the fire sprinklers and check valves which will be screened from view by the proposed landscaping hedges in the front planter area. All roof top mechanical equipment is proposed to be located deep with a mechanical well, screening it from view from any angle, including from the residence above. The applicant has also proposed a trash enclosure constructed of a plaster block wall finish that will be painted grey to match the building color and will be covered with a solid roof. 8. Walls — The Design Framework establishes specific fence and wall guidelines, which were incorporated in to the Zoning Code, making compliance with the standards mandatory. The applicant has proposed a 6 -foot high wrought iron fence adjacent to the driveway and 8 -foot high block walls around the parking lot at the rear of the lot, consistent with the fence and wall requirements of the Code. Additionally, the fence and walls are proposed to be painted dark grey to match the predominant building color. The proposed dark grey color will maintain a consistent design and color scheme for the project. 9. Vehicular Access and Lot Consolidation — The Design Framework encourages lot consolidation and the minimization of drive approaches where feasible to reduce potential vehicle conflicts. The project consists of one legal building site and has been designed to maintain the existing drive approach off West Coast Highway; therefore, lot consolidation is not an option and vehicle circulation will not be impacted. WHEREAS, a Use Permit for the establishment of a vehicle sale facility has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail & Service Commercial (RSC) land use designation of the Mariner's Mile Specific Plan District (SP -5). This designation is intended to encourage the continuation of "marine- oriented" uses and the "marine theme or character of the area ", encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibit uses which would interrupt this continuity. The proposed vehicle sales facility is a permitted use within this designation with the approval of a Use Permit. Additionally, a primary design strategy of the Mariner's Mile Design framework is to raise the standards for auto reliant development so that these types of uses do a better job of "fitting -in" to the District and ensure each project contributes its share to building a larger -scale visual coherence and continuity. The proposed project is a high quality design that embraces Planning Commission Resolution No. Paae 4 of 16 the design guidelines of the Mariner's Mile Framework, thereby, contributing to the continuity of the improvements in the Mariner's Mile area. 2. Finding: That the proposed location of the Use Permit 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. Facts in Support of Finding: a. The Land Use Element of General Plan designates the project site for Mixed Use Horizontal (MU -H1) land uses. Per the Land Use Table, this designation is intended to provide for the horizontal intermixing of residential and commercial uses. More specifically, inland properties fronting Coast Highway in the Mariner's Mile Corridor shall be developed for marine - related and highway oriented general commercial uses in accordance with Recreational and Marine Commercial (CM) and General Commercial (CG) designations. The CM designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide and regional needs. Therefore, per the Land Use Table, the proposed vehicle sales facility is consistent with the permitted uses and development intensity established for the MU -H1 land use designation. b. The project is located with the General Commercial (CG -B) designation of the Coastal Land Use Plan, which is intended to provide for a wide range of commercial activities oriented primarily to serve citywide and regional needs with a development intensity range from a floor area to land area ratio of 0.5 — 0.75. The proposed project is consistent with this designation and all applicable policies of the Coastal Land Use Plan. c. The project has been conditioned to regulate the design and operation of use to minimize noise and aesthetic impacts to adjacent uses and to ensure consistency with the intent and vision of the Mariner's Mile Specific Plan. Specifically, the project will not be detrimental to the public for the following reasons: • No vehicle service or repair is proposed thereby eliminating noise impacts and concerns associated with such activities. • All vehicle display is proposed to be indoors within the showroom and on the second floor patio facing West Coast Highway. No vehicle display within parking areas in the rear is proposed. Although the opening of the detail bay area faces the residential uses to the north, all automobile detailing has been conditioned to be performed indoors within the detail Planning Commission Resolution No. Page 5 of 16 bay area with the door to remain closed. Additionally, vehicles are proposed to be hand washed without the use of a pressure wash system. • The proposed car lift located at the rear of the building will only be used periodically (approx. 4 times a day) to elevate vehicle inventory to the second floor showroom and to allow such vehicles to be lowered for test driving and sales. The door will remain closed at all times during operation. • Exterior lighting has been designed to control and reduce excess lighting and to avoid off -site light spillage. • The building is located approximately 248 feet away from the residential homes on the hillside to the north and is not anticipated to affect any existing views as the building will conform to the 26 -foot height limit, consistent with the existing office building. • All mechanical equipment has been designed to be screened from view. • The project is forecast to generate a total of 40 average daily vehicle trips (ADT), which is a reduction of approximately 179 ADT from the existing office development, thereby reducing traffic and noise impacts associated with vehicles entering, exiting, and parking on the site. • A condition of approval has been included prohibiting the test driving of vehicles on residential streets. 3. Finding: 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. Facts in Support of Finding: The project meets the development standards of the Mariner's Mile Specific Plan related to building setbacks, height, FAR, parking and traffic circulation, walls, landscaping, exterior illumination, utilities, and refuse storage. There are no conditions regarding this specific use other than to obtain a Use Permit. The proposed conditions of approval for this project will ensure that all requirements of the Mariner's Mile Specific Plan, including landscaping, lighting and equipment screening, are fulfilled, as well as other City standards normally imposed on projects. WHEREAS, the applicant has proposed an identification wall sign on the west and south elevation, and a freestanding monument sign along the project frontage. Per Chapter 20.67 of the Newport Beach Municipal Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development; and Planning Commission Resolution No. Page 6 of 16 WHEREAS, Section 20.67.120 (E) of the Newport Beach Municipal Code requires all Comprehensive Sign Programs to comply with certain standards, which are as follows: 1. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.67: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.67.1201; The Design Framework encourages the development of a Sign Program and establishes specific sign guidelines, which were also incorporated within Chapter 20.67. In compliance with the purpose and intent of the Chapter 20.67, the proposed Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, and design of signage. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable; The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. The freestanding monument sign been designed consistent with the height and proportional dimensions specified in the Code and should promote continuity in signage with other new developments in the Mariner's Mile area. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.67. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; The project site is for the sole use of the Lamborghini dealership and has been designed to be effective for such a use. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, consistent with Chapter 20.67, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. 5. The program shall comply with the standards of this Chapter [Chapter 20.67], except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter, Planning Commission Resolution No. Paoe 7 of 16 The Sign Program proposes the following deviations from the City's sign code regulations: • Wall Signs (Separation) — Signs located on adjacent walls on the same building shall be separated by a minimum of 30 -feet measured along the exterior walls of the building. The proposed wall signs are separated a total of 24 -feet. • Wall Signs (Centering) - Signs shall be located within the middle 50 percent of the building frontage. The proposed wall sign on the south elevation is located towards the front corner of the building. Given the orientation of the building, the deviations for the wall signs are merited to allow the applicant more effective sign placement. If the wall sign on the south elevation were located within the middle 50 percent of the building frontage, sign visibility for motorists driving north on West Coast Highway would be severely limited. Placing the sign closer to the street frontage then necessitates the need for the minor deviation in the separation requirements. 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by the Sign Code this Chapter [Chapter 20.67]. The Program does not authorize the use of signs prohibited by Chapter 20.67. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. The Program contains no regulations affecting sign message or content. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA).; and NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007 -004, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. Paqe 8 of 16 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2007. AYES: Eaton, Peotter, Cole, Hawkins and Toerge NOES: McDaniel EXCUSED: Hillgren BY: C Robert Hawkins, Chairman R r All gr , Secretary Planning Commission Resolution No. Page 9 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -024, DEVELOPMENT PLAN NO. 2007 -001 & COMPREHENSIVE SIGN PROGRAM NO. 2007 -004 (Project - specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Use Permit No. 2006 -024 and Development Plan No. 2007 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. Test driving of vehicles shall be prohibited on all residential streets. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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. 7. 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. 8. 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. 9. 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. 10. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. Planning Commission Resolution No. Page 10 of 16 11. Prior to obtaining final occupancy the water and fire valves that abut West Coast Highway shall be screened from view by landscaping. 12. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate plant selections consistent with the adopted Mariner's Mile Design Framework, and the plans shall be approved by the Planning Department and the General Services 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. 13. All landscape materials and irrigation systems shall be 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. 14. The property owner shall execute and record a restrictive covenant and agreement which grants assurance to the City that the landscaping and irrigation system is properly maintained in accordance with the approved plans. 15. All areas in the parking lot not used for driveways, maneuvering areas, parking stalls and walks, shall be permanently landscaped. 16. Prior to the final of building permits, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping was installed in accordance with the approved plan and design polices of the Mariner's Mile Specific Plan and Design Framework. 17. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets, adjacent sites and residences above, or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 -feet in height. 18. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director Planning Commission Resolution No. Page 11 of 16 may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. Prior to the issuance of a building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are 1" or less at all property lines. 20. 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 specified in condition of approval No. 17. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 23. The roof of the building shall be painted to match the predominate building color. No mechanical equipment shall be permitted on the roof, except within the designated mechanical well and shall not be visible from West Coast Highway or the adjacent residences. 24. There shall be no fewer than 41 parking spaces on site. 25. Use of the building shall be limited to motor vehicle sales only. No motor vehicle repair or service is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this Use Permit. 26. Vehicles shall be washed and detailed within the proposed vehicle bay area with doors closed when such activities are taking place. Washing and detailing of vehicles outside of the detail bay area shall be prohibited. 27. The door to the car lift shall remain closed during the operation of the lift. Between the hours of TOOAM and 10:OOPM Between the hours of 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro erty 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 23. The roof of the building shall be painted to match the predominate building color. No mechanical equipment shall be permitted on the roof, except within the designated mechanical well and shall not be visible from West Coast Highway or the adjacent residences. 24. There shall be no fewer than 41 parking spaces on site. 25. Use of the building shall be limited to motor vehicle sales only. No motor vehicle repair or service is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this Use Permit. 26. Vehicles shall be washed and detailed within the proposed vehicle bay area with doors closed when such activities are taking place. Washing and detailing of vehicles outside of the detail bay area shall be prohibited. 27. The door to the car lift shall remain closed during the operation of the lift. Planning Commission Resolution No. _ Page 12 of 16 28. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 29. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 30. No outside paging system shall be utilized in conjunction with this establishment. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 33. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 34. 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). 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 36. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 37. 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. Planning Commission Resolution No. Pape 13 of 16 38. The proposed block walls shall be finished with a smooth texture finish on all sides or constructed of a decorative slump or split -faced block. 39. The hours of operation shall be limited to between 9:00 a.m. to 7:00 p.m. on weekdays and between 9:00 a.m. to 5:00 p.m. on weekends. 40. Should the applicant propose to alter the location and/or number of vehicular access points, or propose to take vehicular access across the adjacent property located at 2300 West Coast Highway, such proposal shall be subject to review and to subsequent approval, if deemed appropriate, by the Planning Commission, with such modified or additional conditions as the Planning Commission may set. Fire Department Conditions 41. New elevator shall be gurney - accommodating in accordance with Article 30 of the California Building Code (2001 edition). 42. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. 43. The applicant shall provide a sewer connection to the fire sprinkler riser main drain. 44. A Soil Gas Investigation and Mitigation Plan shall be prepared by a licensed California Civil Engineer and Certified Geologist and submitted to the City Building and Fire Departments for review and approval. Building Department Conditions 45. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 46. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions Planning Commission Resolution No. Paae 14 of 16 • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 47. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 48. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 49. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Conditions 50. Based on the operational characteristics of the proposed exotic vehicle sales facility, a trip generation study was prepared for the project and has forecasted a trip generation Planning Commission Resolution No. Paqe 15 of 16 of approximately 40 ADT. Any potential intensification of trip generation (i.e. expansion, increased showrooml7nventory area, vehicle type) or change of use shall be reviewed and approved by the Planning Department and Traffic Engineer for consistency with the City's Traffic Phasing Ordinance and may require the preparation of a Traffic Study and/or an amendment to this Use Permit. 51. All above ground permanent improvements, such as signs, walls, backflow prevention assemblies, display pads, etc., constructed within the existing 12 -foot wide street easement along the development's frontage shall be relocated at the owner's expense when the City widens the West Coast Highway roadway. 52. No plantings with substantial root systems can be installed within the existing Utilities and Storm Drain easements within the site. 53. The proposed new driveway approach along the West Coast Highway frontage shall comply with current ADA standards. 54. The proposed new driveway approach along the West Coast Highway frontage shall be designed per City Sight Distance Standard STD - 110 -L. All planting within the limited use area shall be limited to 24- inches in height. All other obstructions (walls, signs, etc.) shall be limited to 30- inches in height within the limited use area. 55. The project shall comply with the City's non -storm on -site runoff retention requirements. 56. Water meter and sewer cleanouts shall be installed within the public right -of -way per City Standards. 57. The proposed private irrigation system cannot tap into the City's water system directly. It shall be connected to the private water system behind the water meter. 58. No vehicles, including trash and delivery trucks, can back out of the site onto West Coast Highway. 59. All improvements shall be constructed as required by Ordinance and the Public Works Department. 60. The applicant shall secure Caltrans and City approvals for the off - street, drainage, and utility improvements. 61. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 62, County Sanitation District fees shall be paid prior to the issuance of any building permits. Planning Commission Resolution No. Paqe 16 of 16 63. Prior to commencement of demolition and -grading of the proiect, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 64. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 65. Any traffic control or lane closures on West Coast Highway would require a Ca /trans Encroachment Permit. Lane closures on Coast Highway shall not be permitted with traffic peak hours (7:00 a. m. to 9:00 a. m. and 4:00 p.m. to 6:00 p.m.). 66. The parking lot shall have prominent pavement arrows and signage to facilitate proper circulation within the parking area. Signage and pavement markings shall be subject to the review and approval of the Public Works Department.