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3300 JAMBOREE RD_FLETCHER JONES
*NEW FILE* 3300. Jamboree Rd Zoning Corrections - Grading May 3, 1996 Fletcher Jones 3300 Jamboree Road Plan Check #178-96 Mitigation Measures 1. Building Dept., Planning Dept. Spoils site for deposition of exported material. Provide CEQA clearance. PRIOR TO THE ISSUANCE OF GRADING PERMITS 2. Building Dept. PRIOR TO THE ISSUANCE OF GRADING PERMITS AND OPERATIONS 3. Building Dept. PRIOR TO THE ISSUANCE OF GRADING PERMITS' 4. Building, Planning. Grading Plans in Plan Check PRIOR TO THE ISSUANCE OF GRADING PERMITS 5. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 6. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 7. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 8. Building PRIOR TO THE ISSUANCE OF GRADING PERMITS L, `@ 9. Building PRIOR TO THE ISSUANCE OF GRADING PERMITS 1 �a 10. Building WITHIN 30 DAYS AFTER GRADING OR AS APPROVED BY THE BUILDING DEPT. f 11. Building PRIOR TO THE ISSUANCE OF GRADING PERMITS 12. Building 13. Building 6 1-0 14. Building 15. Building 16. Building 17. Building 18. Building 19. Building 20. Building 21. Building 22. Building, Planning Dept. Grading Permits 23. Building 24. Building, Public Works 25. Building, Public Works 26. Public Works, •0001 ig. Grading Permits. 27. Public Works, Building 28. Public Works, Building 29. Public Works, Building 30. Building 31. Public Works 32. Public Works 33. Public Works 34. Public Works 35. Public Works Submit velocity report. - Prior to the issuance of 0 0 36. 37. 1;R Public Works Building Building Planning, Building Mechanical equipment, HOLD ON FINAL, Letter from acoustical engineer with verification that mechanical equipment noise levels meet Chapter 10.26 of the Municipal Code. FIELD CHECK FOR SCREENING OF EQUIPMENT. Planning, Building Provide letter from acoustical engineer, that states that this condition -has been met. Acoustical report to be submitted prior -to -the issuance=af Building -Pits. HOLD ON FINAL. Planning Dept. Letter of compliance, prior to issuance of permits r Planning, Public Works., Coastal Commission Buffer design. Submit plan, PRIOR TO ISSUANCE OF GRADING PERMITS General Services, Public Works, Planning. Landscape Plan, PRIOR TO THE ew ISSUANCE OF BUILDING PERMITS. Please submit plans to Planning 1 n Department to be routed to other department. ,h6ut��%ifiLr- Building, Planning Dept. Prior to the issuance of building permits, submit a lighting plan which includes a day and night lighting plan and manufacturers specifications for light source. HOLD ON FINAL, pending a letter from electrical engineer that states that the lights have been installed and meet this requirement. FIELD CHECK. Planning, Public Works. • Public Works should have on !file DPRIOR TO THE ISSUANCE OF GRADING PERMITS �/rivntnI—� U 46. Public Works, Planning Planning, Public Works Public Works should have one file. Provide a copy of proposed program Planning Provide a letter from archeologist/paleontologist stating that their services have been retained and that site monitoring will occur during any grading activities with a follow-up letter that this condition has been satisfied. PRIOR TO ISSUANCE OF GRADING PERMIT. NOTE: Consult with City Attorney, provide letter. LI 49 thro 57 Planning Department. Provide a copy of the report to the Planning 58. Planning Provide landscape plan that shows compliance with this condition. 59. Building, Public Works Department 60. Building Department, Public Works. 61. , Building Department, Public Works Use Permit No. 3565 Conditions of Approval 1. Plans review 2. Plans review 3. Separate Permit 4. Building Department 5. Public Works Department 6. Traffic Engineer 7. Public Works, Traffic 8. Planning, Public Works, Building, General Services. Prepare a separate landscape plan to Planning to be routed (4) sets. 9. Public Works 10. Traffic, Public Works 11. Bldg. Dept. 12. Public Works 13. Blvd., Public Works 14. Public Works 15. Public Works y 16. Traffic, Public Works 17. Fire Department 18. Public Works 19. Public Works 20. Traffic Dept. 21. Bldg., Traffic 22. Public Works, Traffic 23. Planning Letter of Compliance 24. Fire/Marine, Public Works 25. Fire/Marine 26. Fire/Marine 27. Fire/Marine 28. Planning, Letter of compliance 29. Bldg., Public Works a30. Planning, Letter from Electrical' Engineer, PRIOR TO THE ISSUANCE OF BLDG. PERMITS 31. Planning, Letter of compliance 32. Planning, Letter of compliance 33. Planning, letter of compliance 34. Planning, Letter of compliance 35. Bldg., Traffic 36. Bldg. 37. Bldg., Utilities E 38. Planning, Letter of Compliance qq 39. Planning, Letter of Compliance 40. Planning, Letter of Compliance 41. Planning, HOLD ON FINAL, FIELD CHECK 42. Bldg., Public Works 43. Planning 44. N/A 45. N/A Genia Garcia Associate Planner February 15, 1996 TO: GENIA GARCIA PLANNING DEPARTMENT FROM: TRAFFIC ENGINEER SUBJECT: FAIR SHARE FEE FOR FLETCHER JONES MOTOR CARS: 3300 JAMBOREE ROAD TRAFFIC STUDY NO. 108 and USE PERMIT NO.3565 The Fair Share Fee for this project is $189,796.50 based upon the following information from the project traffic study: 1. The daily trip -generation for the auto dealership will be 1,530 trips (10.2 acres x 150 trips/acre). The 10.2 acres includes 2.7 acres of structured vehicle storage along with the 7.5 site acreage. 2. Fair Share Fee equals 1,530 x $124.05/trip = $189,796.50 Please let me know If you have any questions about the fee. U,�������✓�/- CSGwwn-0� Richard M. Edmonston Traffic Engineer fsimhaftemosTjjones2 2.13.96 d7 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 23, 1996 Transportation Corridor Agencies 201 E. Sandpointe Avenue Suite 200 P.O. Box 28870 Santa Ana, CA 92799-8870 RE: Fletcher Jones Motorcars, San Joaquin Hills Transportation Corridor Fee 3300 Jamboree Road Newport Beach, CA Attention: Kath}•Besnard Dear Ms. Besnard: Pursuant to our conversation, this fetter is to obtain confirmation for the calculation of fees for the above referenced project. The new auto dealership building will include a gross square footage of 158,551. As discussed with you, there is a parking structure with a total of 17,196 square feet that is to be used for auto parking only. As parking structures are exempt, this amount of square footage is to be deducted from the total square footage in calculating the San Joaquin Hills Transporation Corridor Fee. Please confirm that this is correct and reply in writing so that we may be able to adjust our records accordingly. Sincerely, Genia Garcia Associate Planner cc: Emmett Berkery, Public Works Bill Pettit, Harris -Pettit Architects 3300 Newport Boulevard, Newport Beach 1 July 19, 1996 MEMO TO FILE SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR FEE FOR FLETCHER JONES MOTORCARS ADDRESS: 3300 JAMBOREE PLAN CHECK #178-96 The total square footage for the Fletcher Jones Motorcars project is 158,551 gross square feet. This figure includes the parking areas on all levels, but not the top level, as it is not enclosed. The Fair Share Fee (per Traffic Engineer) is: $189,796.50 The San Joaquin Hills Transportation Corridor Fee is as follows: 158,551 total gross square feet minus 11,178 square feet on the 2nd floor middle that is used to park cars only minus 6,018 square feet on the 2nd floor South that is used to park cars only 141,355 square feet is the amount used to calculate the Corridor fee. (See letter to the Corridor Agency). To calculate the fee: 141,355 square feet times $3.11 per square foot = $439,614.05 Genia Garcia Associate Planner CITY OF NEWPORT BEACH NEWPORT BEACH, CA 92663 RECEIVED BY: PERRY2 TODAY'S DATE: 08/22/97 0102202 CUSTOMER DEPOSI CASH RECEIPT RECEIPT NUMBER: 02000134242 PAYOR: REGISTER DATE: TOTAL DUE: CASH PAID CHECK /PA`2Dj C&CK, N.O -. $ .00 $20 , 000 r00. -t �i 6,j'C• , HCI CONSTRUCTION 08/22/97 TIME: 11:40:33 $20,000.00 ---------------- $20,000.00 TENDERED $20,000.00 Temporary Certificate of Occupancy............................................2900-5008 Underground Utilities Waiver......................................................010.2225 Grease Interceptor........................................................................2900-4620 Planning Department Fees...........................................................2700-5000 Sale of Maps & Publications.........................................................2700-5812 CHANGE $.00 Determination of Unreasonable Hardship...................................2900-5018 $ Microfilm Copies/Photocopies.......................................................2900.5019 $ _ fCEF+/.u0M5tE poz,i dab "T& C-J�1Su2;Lr tl/O- Z7- 20; °oo, `= > s+rn s Tr�Ly r-ompGry/7uJ QF GO^rvr"o IS TOTAL FEES $ '20,000. �� �� J� i�,� y�- r��, • r�,� « Fae Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL P A 1 D ' (f\feerept.896) AUG 2 21997 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT (3EACIi 1- CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 BUILDING DEPARTMENT - (714) 644-3288 FEE RECEIPT Date Plan Check No. / i``7G Received By: R�er l"J Nc.. (f2 c's-ckle iz . raoiL c Received From Job Address 1'0Me4-D a 5 ,3t-w7- 7 Building Plan Check.....................................................................2900-5002 $ Zoning Plan Check (Architectural)...............................................2700-5003 $ Zoning Plan Check (Grading)......................................................27UU-5UU3 Grading Plan Check - Cu. Yds...................................................... 2900-5004 $ FirePlan Check.............................................................................2330-5055 $ Electric Plan Check.......................................................................2900.4612 $ Plumbing Plan Check...................................................................2900-4616 $ Mechanical Plan Check.................................................................2900-4618 $. Overtime Plan Check - Building...................................................2900-5002 $ Overtime Plan Check - Grading...................................................2900-5004 $ Overtime Plan Cbeegk - Planning..................................................2700-5003, $ Preliminary Code Compliance Review.........................................2900.5002 $ Reinspection B E H P/Special Inspection.....................................2900-5008 $ Reinspection Fire..........................................................................2330-5050 $ Temporary Electric........................................................................2900-4612 $ TemporaryGas..............................................................................2900-4616 $ Temporary Certificate of Occupancy............................................2900-5008 $ Underground Utilities Waiver......................................................010.2225 $ Grease Interceptor........................................................................2900-4620 $ Planning Department Fees...........................................................2700-5000 $ Sale of Maps & Publications.........................................................2700-5812 $ Determination of Unreasonable Hardship...................................2900-5018 $ Microfilm Copies/Photocopies.......................................................2900-5019 $ %Zc-�YNOM3GE �rtP� � +T k a j -171 t7�1S4n C o/ O - L2 a 2r 2 srni7a2y co�+�o%tivJ ur Go.V�rrt<.JS TOTAL FEES $ 2o.v+-o.: Lw..Lr.nJ , 40>61"1 Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL 'a (f\feerept.896) AUG 2 21997 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH It 4 February 20, 1995 ZONING CORRECTIONS FLETCHERJONES 3300 Jamboree Road Plan Check # 178-96 Use Permit No. 3565 Mitigation Measures: #39 Rooftop and/or mechanical equipment. A Hold on Final occupancy pending verification of noise levels from acoustical engineer. Letter to be sent to the Planning Department (attention: Genia Garcia, Associate Planner). #40 Same as above #41 Letter of Compliance from owner of the business stating that this conditions will be complied with and construction schedule. #43 Should be incorporated into the landscape plan. Hold on Final #44 A lighting, plan should be submitted, along with a copy of manufacturer's specifications regarding the light source. Also include a prototype of the parking lot lights and lights adjacent to the wetlands and the San Joaquin Hills Transportation Corridor areas. A Hold on Final occupancy pending a Field Check to check lighting system and a follow-up letter from the electrical engineer stating that the lights have been installed as per approved plan. #48 A letter from archeologist/paleontologist stating that their services have been retained and that site monitoring will occur during any grading activities with a follow-up letter that this has been satisfied. #48C Consult with City Attorney. Provide evidence of compliance. #4% 509 51, 529 53, 54, 55, 56, 57 Provide a copy of the report to the Planning Department. Use Permit No. 3565 Conditions of Approval: #3 Signs require separate reviews and separate permits. #7, 8 Landscape Plan approved by Public Works, Planning and General Services. v Block 800 (Con Vd) #239 28,,31, 329 33, 34, 38, 39, Letter of Compliance #30 Lighting Plan - incorporate into plans and letter from electrical engineer. #40 Trash areas shall be screened. Indicate on Plans #41 Incorporate into Lighting Plan. Genia Garcia Associate Planner City of Newport Beach I . COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS �j lepYione: (714) 644-3200 Plan Check No: / 7X / ,6 rBy:M eniadarcia, Associate Planner1,r ers, Associate Planner J Date, pS �Address: Districting Map No. Description of rruj=�6i Zone\General Plan Land Use InF`C_,/by Corrections Required: �", VGf r'/l , Legal Description: Lot By:Christy Teague, Associate Planner Proposed Block _ Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,480. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size/Tenant Sq. Footage I - ' Required Setbacks Front Right Side Left Side FAR WORKSSHHEET Lot area (site area sq.ft.): ��/; 4W sq.ft. •'L Comm Base Development Allocation ?A CJ %L�O sq.ft. [0.5 x site area sq.ft.t.,, unless of se specified in Land Use Element] G. FAR permitted, with/without variance: (A) Comm res pkg Square footage permitted: comm res pkg sq.ft. [(A) x site area sq.ft.] 1 PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. / %1 U tr!/ Sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. WE PROPOSED FAR: [ F + site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H ) sq.ft. Base X 1.00 sq.ft. n sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. ���yy� TOTAL WEIGHTED SQ.FT.(May not exceed BDA) 1=111 J _ Provide tissue overlay of calculations to v iiffjy%%p o �d� s ua e Parking (Indicate number of stalls provi ed), 1 Total On -Site Parking Required ed Dimension building height as measured from n ra a to maximum ridge roof height Show natural grade line on all elevations , Show all rooftop mechanical equipment and dimension from grade directly below. 3' J VY� Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, relation to the property line. _ Fair Share Contribution`/1:Y � _ San Joaquin Hills Transportation Corridor Fee_ 0 fences, etc. in SPECIAL APPROVAL REQUIRED THROUGH:511 Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings _ Modifications Committee! Indicate Approval No. on Bluelines Modification required for Planning Commission/city Council: c�/G�I�S. Use Permit: No. Variance: No. Resubdivision/Tract: No. site Plan Review: No. Amendment.:.. �/ ? Other t .J Public Works: -- Easement/Encroac en Subdivision Engineer//�_" Traffic Engineer Approval of Landscape Plans ? Ato Building Department: Grading Engineer i Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date! Waiver/Exemption: No. Effective date: REMARKS: • it is tow, responsiosiity or the appiicant to circuisvw 10 in the necessar+f approvals from the departments checked Ai you ations regaro;ng your application, please oontept tlilrt (714) 644- v it Sheet4 /d ,(��aa = _Building B Mm MI. ®- YY ® I, • I! I _-_- 1 ME - Page 1 Sheet3 Sheet2 Sheetl FLETCHERJONES PC 178-96 1 st Floor Service Bistro Office Sales 2,100 1054 1,280 200 18,486 135 805 735 312 115 391 17,784 95 32 312 400 209 406 Mechanical 594 2,793 50 Restrooms Sales 7841 84 50 144 288 70 239 1,940 7,t .. 310 4,172 190 6, 45 Stairs Atrium 180 315 230 180 352 Storage 113 128 100 80 40 )1,i?•€ '' _, 32 504 1,666 153 Showroom Elevator Warehouse 861 2,952 1,927 NOTE: Numbers in square feet. FILE: F/WP51/Planning/Genia/Flchri (On sheet1) Page 1 Sheet5 ER JONES 178-96 September 4, 1997 City of Newport Beach Planning Dept. 3300 Newport Blvd. Newport Beach, CA 92663 ATTN.: Marc Myers Re: Fletcher Motor Cars Paging System Dear Marc, PLANNING DEPARTMENT ""V OF NEWPORT BEACH ,V 5EP 0 8 1997 3,4is 6 As per your request, the following is the Sound Pressure Level ( SPL) readings of the outdoor paging system for Fletcher Jones Motor Cars located in Newport Beach. I took several readings at various locations using a sound level meter, at a "C" weighting, rated in decibels (dB). Ambient Noise Bayveiw Property Line 75dB to 80dB Across Street 75dB to 80dB Jamboree Property Line 80dB to 85d13 Across Street 80dB to 85dB Front Parking Lot Roof Parking Lot Rear Parking Lot w/Page 75dB to 80dB no difference when a page was initiated. 75dB to 80d6 no difference when a page was initiated. 80dB to 85dB no difference when a page was initiated. 80dB to 85dB no difference when a page was initiated. 77dB 77dB 77dB If you require any additional information, please fell free to contact me at (714) 753-9444. Cordially, DM� Music Express ony �Bernato� ' Systems Engineer cc: Julie Kraus, Comsul Bob Johnson, Fletcher Jones Motor Cars Page 5 of 5 ZONING: Natural Grade is not shown on building sections; it hasn't existed for months due to ongoing rough grading operations. Sheet A-1 shows on -site parking row tabulations. Items belowrcorrespond with list dated 20 February "1995" and requirements of C.U.P. No. 3565: MITIGATION MEASURES #39: Acoustical engineer shall provide letter prior to final (/occupancy. '� #40: Mechanical equipment is screened. ✓#_41: Owner shall provide letter. #43: Refer to Landscape drawings. #44: Refer to Sheets E-3 and E-20. #48 through #57: Staff has been on site during rough grading operations to comply with these requirements. C.U.P. NO. 3565 CONDITIONS OF APPROVAL #3: Signs shall be submitted for review and approvals after sign consultant is selected by Owner. #7 & 8: Landscape Plans approved. #30: Refer to Sheet E-3 for site lighting. Light shields are provided to block stray glare, no fixtures are aimed toward residential property, site photometric study indicates compliance. #40: See A-1, A-45 & A46 for trash enclosure location and details. #41: See response to #30. y e e, l/a T' 'yY1/-4 QGrA✓ 12 Emmet Berkery, P.P. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673-6446 Facsimile: (714) 673-6899 MEMORANDUM DATE: March 29, 1996 TO: Jim Harris Loren Sandberg Steve Malefyt FROM: Emmet Berkery SUBJECT: Fletcher Jones Motorcars Site Retaining Wall Adjacent to Fresh Water Marsh The Finish Grading Plan indicates the subject wall is to be a "...retaining wall with screen wall on top and subdrain per structural engineer's details." I would like to point out that the project is conditioned for a cellular confinement retaining wall along the edge of the marsh. A schematic for this type of wall was shown on the landscape concept plan which was submitted as part of the Coastal Conunission permit application submittal package. A further condition was for the planting of native, wetland -compatible landscaping species on the wall and in the vicinity of the marsh. Therefore, the plans must be revised to indicate this type of wall and landscaping. Attached are copies of the finish grading plan and concept landscape plan higlIlighting the area in question, and a copy of a spec sheet for this type of retaining wall. It is not my intent to restrict the wall to this particular manufacturer, but it is important to comply with the Coastal Commission requirements. Also attached is a copy of some correspondence to the Coastal Commission concerning this item. Please call me if there are any questions. cc: Genia Garcia, CNB > JP 1. r. pp r 4 RETAINING WALLS Structurally Sound... Naturally Appealing —0 — GE OWE Be Cellular Confinement System ( Because Nature Works At A Cellular Level nano %1�!a1whb i I -� See for yourself... The GEOWEB cellular Confinements-" m is be used successfully throughout the world as a cost-effective, environmentally friendly uesign for earth retaining structures. ii►Y Yi The GEOWEB system can be used in a vgriety of applications, meeting a range of 4�j�� - performance and aesthetic requirements. The basic system can be readily adapted to a wide °! range of design requirements and site access conditions. Here are a few examples. Streambank Stabilization i Streambed Reinforceme Roseville, California Vegetated earth Retention Structure '.• -' .�. '-'•; Sequoia National Forest, California _ _ �'.. ' _^�- • `� =�' Falls Church, Virginia Tan Facia Retaining Wall Niagara Falls, Ontario Canada Miracle Wall withstood Hurricane Andrew Dade County Landfill, Florida Earth Retention Structure Atlanta, Georgia Golf Course Landscape Hanseung, Korea � Mud Slide Repair from Torrential Rains Kaneohe, Oahu Hawaii tom.. I FF Kl� fib i t. Features and Benefits of the Presto GEOWEB. Cellular Confinement Systein The GEOWEB Cellular Confinement System continues to break new ground in soil stabilization. The GEOWEB system is an expandable honeycomb -like structure, infilled with common granular material to provide a stable earth retention structure. The durability, adaptability and ease of installation of the GEOWEB system presents designers with a unique set of cost effective construction techniques. Effective Design GEOWEB retaining walls can be constructed to withstand high surcharge loading. In near vertical or stepped designs the flexible system can conform to irregular contours in the landscape, and can tolerate differential settlements. It is an attractive design option for structures constructed over compressible foundation soils. Computerized evaluation has been developed to quickly analyze GEOWEB structures, speeding design and costing decisions. Easy Installation The GEOWEB system is easily transported to remote or restricted access sites in lightweight compact bundles. The GEOWEB wall can be constructed with minimal foundation work or subgrade preparation, enabling rapid installation of the system at minimal cost. The system is suitable for use with a broad range of infill materials; often native granular material can be used as infill. Successful Results Cellular confinement with the GEOWEB system eliminates the need for expensive facial panels. The exterior of the wall provides an attractive facia in a variety of colors to suit functional and aesthetic needs. The outer cells can also be vegetated to enhance the appearance of the wall face. PRESTO PRODUCTS COMPANY Geosystemsae Products Division P.O. Box 2399, Appleton, WI, USA 54913-2399 800-548-3424 or 414-738-1118 PRESTO, GEOWEB and GEOSYSTEMS are registered tradomaft of PRESTO PRODUCTS COMPANY e 1994 PRESTO PRODUCTS COMPANY This Information has been prepared for the bonoril of customers Interested in the GEOWEB cellular confinement system. It was reviewed cmofullyprior to publication. Presto Products Company assumes no liability tar Its accuracy or comp ohmoss Final determination of the suitability of any Information or malarial for the use contemplated, or for Its manner of use, Is the solo responsibility of the usor. Presto Products Company, Geosystemse Division, offers many services to assist in designing and building a GEOWEB retaining wall system. The following library of technical literature is available to aid design professionals in using the GEOWEB cellular confinement system. ♦ Design checklists: a project data checklist of the site specific information required for engineering design of GEOWEB retaining structures. ♦ Installation guidelines: an'illustrated set of instructions to aid in the installation of GEOWEB retaining structures. ♦ Case histories: listing of case studies and project specific papers detailing information on the design, construction and performance of GEOWEB structures. ♦ General product data: engineering concepts and theory for general application of the GEOWEB system. 0 Spec Data and Manu Spec: a comprehensive guide specification and product description of the GEOWEB cellular confinement system in the standard Construction Specifications Institute format. For more information call our Technical Assistance Line at (800) 548-3424 or (414) 738-1118 GWIRW03 Primed in the U.S.A. 1994 J d e The GEOWEB. cellular confinement system controls severe erosion problems for Virginia D.O.T. Prior to 1988, the sandy clay embankments along Route 220 near Collinsville, Virginia were subject to severe erosion and loss of vegetative cover, particularly after heavy rainfalls. The problems were most severe on embankments with steep slopes. These problems persisted despite numerous attempts to stabilize the soil and control surface erosion. In April of 1988, the Virginia Department of Transportation installed the Geoweb cellular confinement system over the affected area which included embankment slopes as steep as 1:1. The Geoweb system confines the selected infill material within an open three-dimensional cellular system while having minimal effects on natural subsurface drainage. VDOT crews prepared the severely eroded slopes. They then placed the first row of Geoweb cells over existing guardrail posts and extended the 8 ft. x 20 ft. x 4 in. sections down the slope. The outer cells of each section were staked at three-foot centers with 36 in. long wood stakes. Adjacent sections were connected to each other with hog rings. The complete cellular system conformed to all slope and contour variations. Sandy clay soil from the site was mixed with a small amount of topsoil and placed into the Geoweb system using a telescoping boom excavator. The infill was raked level with the top of the cells, then immediately hydroseeded with tall fescue and mulched. Severe surface erosion and loss of vegetative cover experienced in the past due to steep slopes and locally heavy rainfalls. The first row of cells was placed over existing guardrail posts and staked at 3-foot centers. Then the 8 ft. x 20 it. x 4 in. sections were extended down the slope. Adjacent Geoweb sections were connected to each other with hog rings. / . lu h a;) PRESTO PRODUCTS COMPANY Geosystems Division P.O. Box 2399, Appleton, WI 54913-2399 800-548-3424 or414-738-1336 Today the protected slopes support a thick cover of grass that has withstood two years of exposure without problems. The Geoweb cellular confinement system has increased the natural resistance of the grass cover to the effects of erosion by encapsulating and protecting the root zone; preventing development of rills and gullies in the soil. Based on the success of the Route 220 installation,•the Virginia Department of Transportation has approved the Geoweb cellular confinement system for use in similar erosion control applications throughout Virginia. Sandy clay soil from the site was mixed with small amounts of topsoil and placed Into the cellular system using a telescoping boom excavator. GEOWEB and GEOSYSTEMS are registered trademarks of PRESTO PRODUCTS COMPANY 01990 PRESTO PRODUCTS COMPANY This ease study has been propared for Iho bonolr of customers interested In me OEOWED aerie.. eonlinemanlsyslem II was.wlowod eamluliy prior to publimdon Plealo P.otlu.ls Company mummers no liability for Its accuracy or complolenam Final delarminoron of the suitability of any Information or material for the use contemplated. or lot its mourner at use, Is the solo.eoponsibdlly of IM10 user. Distributed by Paled in Me V $A, Determiner 190 sl +00 r! ILL p. - 7.07. .43F. LANDSCAPE AREA 30. 0 L. A. 11?9.?4 r. ?8.74t.. 95,.- 14 2ti - - ---- DAIMR1 LIVE RETAINING WALL WITH SCREEN WALL ON TOF AND SUBDRAIN PER STRUCTURAL ENGINEE is lul-A I Ls ---EXIST. IB" R.C.P. STORM DRAIN (PROTECT` IN PLACE) —EXISTING STORM DRAIN EASEMENT ri LIMITS OF FRESH WATER MARSH - NO CONSTRUCTION WITHIN THESE LIMITS. PROPOSED STO DRAIN IASEMEN / I PAVING' PRECISE GRADING, AND DRAINAGE F FLETCHER JONES MO' 3300 JAMBOREE ROAD NEWPORT BEACH, CALIFORNIA yptus Hedgerow yptus erythrocorys `_ IIIl;II i Masonry Wall with . 2•' Lnlink Fens' a on Top. A 3 1Xq- i liydroseeded Native Groundcover Mix that.is Wetland Compatible Om3Mixture of: Platanus rr Alnus rho Popul•us f.rr Limit of Existing Marsh Retaining Wall.using.a Cellular Confinement System EXIS't'ING�SALT MARSH t - ^�' . Y� a SCE Overhead Easement 1 Limit of existing Marsh PLANTING LE Bl vinyl Cbated I SHADED AUTO k n e Gjlothed with,! Phoenix dactylifera:_ ne" John T. Auyong September 15, 1995 Page 5 Land Resources §30240 of the Coastal Act deals with environmentally sensitive habitat areas. The project site contains small remnants of coastal sage scrub, as well as an environmentally sensitive wetland area. Within the definition set forth in the Coastal Act, the wetland area - which is protected in the proposed project - is clearly an environmentally sensitive habitat area. Measures described in the GIR, such as walls and shielding for the wetland area, will preserve its continued viability. A landscape plan has been submitted with this application clearly showing the wall. Initial discussions with Coastal Commission staff have revealed that there is interest in emphasizing native species in the landscape areas near the protected wetland area. The applicant is amenable to these changes, and we anticipate that additional discussions with staff on this matter during permit review will allow all appropriate revisions to the landscape plan to be made prior to the preparation of the staff report for this permit. We have submitted under separate cover the revised landscape plan showing the emphasis on native, wetland -compatible species in the landscape plan in transition areas. Insofar as the coastal sage scrub areas are concerned, the coastal sage scrub to be removed is isolated from larger areas of habitat that are generally considered to be of higher value than the small incidental areas. The project proposes a major mitigation project in the Big Canyon area of Newport Beach on land already owned by the City of Newport Beach. The mitigation project will convert existing grassland and ruderal area to coastal sage scrub habitat in accordance with a I•Iabitat Conservation Plan approved by the U.S. Fish and Wildlife Service. The establishment of a restoration area in the Big Canyon area of Newport Beach substantially advances the goals of the Natural Communities Conservation Planning Program. It is superior to retaining the remnant coastal sage scrub on the site because it offers a more dynamic interrelationship between different habitat systems and wildlife corridor movement. The subject site is surrounded by arterial highways, major thoroughfares, and urban development. Although it is thought to have some marginal utility as an environmental area, the significance of its position in the context of the surrounding environment must also be acknowledged. Therefore, the loss of the coastal sage scrub area will not disrupt any habitat values, and no uses dependent on the sensitive wetland area are allowed within the wetland. In conformance with a staff request, we have revised this application to include the specific area and design of the coastal sage scrub mitigation area in Big Canyon. The proposal consists of three exhibits, which are attached. The first depicts the extent of the mitigation area, as shown on an aerial. The second depicts a typical planting scheme that will be utilized throughout the area. The third shows a cross-section through the typical planting scheme to illustrate the various zones that will be planted. The acreage for the areas is as follows: Habitat Restoration, 2.8 acres; Habitat Enhancement, 1.1 acres; Fuel Modification (including use of coastal sage scrub species), 0.7 acres. The total mitigation area is 4.6 acres, or 2.5 acres more than the IL cx May 6, 1996 3/y l 996' TO: Rick Higley FROM: Genia Garcia, Planning SUBJECT: Fletcher Jones Motorcars, 3300 Jamboree Road, PC #178-96 Attached please find the Mitigation Monitoring Program for the above referenced property. At Faysal's suggestion, I am sending this to you. Please indicate which Mitigation Measures that you are reviewing so that I can check them off of my list. I do not want to assume that you are looking at something and, in fact, you are not, and thereby miss something. Thanks for your help. 914y ;n/ '), %14- /bC t iGurC A l �Xj ` ,, cek- ') f , /° , /3, �S(c 4C)4 Ot ale 4a, 9 LYmbol HQ !teal p cyn mQ — wer �• r� �1 1 r� A4kz,.,,, 11 nf? 6-1 ... F :Nozzle . �•v � ® a�'n po 6` lawri po p-Up...Raijbir H V 6-1 awn P-up...Roi d 1806-SAA.1 Q GPAq 6' lcr�, RR P Up..Rainbbid 1806-SA jy_P RS IOF-1A 'OH -LA F H Q 6" low pop-up (side St. 1806 SAM-pRS 12F 1 ?0Q (q )12 " shrub Popp�p Cend strip )... Rai ctinbird 780.- SF 15H , 120 .2 6 .8 •4 12" sh�b pop -shrub pup...Rainbird )812 78 Sird 1806 SAM; PRS pRS ISSSi . 15Q 3.7 1� 9 .7 12" shrub Pop-up bra 1812-SAM PRS i0E-F T B8H-FAT B8 EST 1.2 9 12" sushrub POP -Up (Side lyd 18l2_SA M-PRS 12F 10H_JA lOQ FAT 2.6 1.3 .7 -Shrub POP -Up (e a strip)...Rainbjrd-PRS 75F • 12H 12Q 1.6 .8 .4 2.61.3 Bubbler On -grad s rub he 6strip)...Rainbirq 1812 SAM- R 1 5SST 15Q 3.7 1.9 .9 2 lawn rot ad on 3 riser �s SS r) Rainbjrq 15EST 1.2 cc _. shrub rot, pop-up...Hr,5 Pacing) Rc,i. i . 75F 7a1, �� 1 4 �`t� _ PS! coverage 30 10' Radius 30 30 Radius 15 • ; Radius 30 30 4:x30' Strip ..? .4 'x 15' Strip 30 7'Radjus 30 30 10' Radius 12' Radius 30 15, Radius .Jun. Y � ~ I t. FLETCHER ONES ,N1 , C) T Ct R' C: A R , June 6, 1996 Ms. Genia Garcia City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658-8915 PROJECT: FLETCHER JONES MOTORCARS 3300 Jamboree Road Plan Check No. 178-96 Dear Ms. Garcia: The following shall serve as a "Letter of Compliance" pursuant to your requirement as a condition of plan check. item numbers correspond to -those conditions of Use Permit. No. 3565. 23, All unloading and loading of vehicles shall be done on site. 28. All automobile servicing, repair, washing and detailing shall be conducted within the building. 31. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved by the Planning Department.- 32. No windshield signs shall be permitted, and 9 signs shall meet the requirements of Chapter 20.06 of the Municipal Code. _33. No banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34, A Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the facility. P2ON 1lilll It�UP!III �Ihlltpl I�1PI�fDyi;�€i EliNl•IPIIIi 4��11111u�IHll!! �$i�flfi€i IfIl ulv$im',A MIJ ita9 iirlrfSiflSay:��1 Jun-"'%A6 02,36P Fletcher Jones Ms. Genia Garcia 38. 39. Page Z 714 261 7633 P-.M3 •• r pr sL in. n .:,June G, 1996 All employees shall park on -site. • I The hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m. daily. 40. All trash areas shall be screened from view. I/We, the undersigned, agree to the conditions above as set, forth in the conditions of Approval of Use Permit No. 3565. FLETCHER,IONES-MOTOR CARS, INC. Fletch Jones, Jr. President Date: 0 HINNEWINKEL CONSTRUCT TEL No.7146313068 HINNEWINKEL CONSTRUCTION, 2664 NEWPORTPORT BBLVD. •SUITE 200 COSTA MESA, CA 92627 June 7, 1996 City Of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATT: Planning Department INC. Jun 7,96 12:23 No.007 P.01 (714) 631-7111 • FAX (714) 631-3066 --This-if to serve as notice that HC1 intents to comply with the City of Newport Beach Noise Ordinance 10,28,040. Work hours will be limited to 7:00 AM to 6:30 PM Monday through Friday and 8:00 A.M. though 6:00 PM on Saturdays. Work will not occur on ' Sundays or Federal Holidays. Sincerely, HC innewilikel Construction, Inc. Joel Wolfer Project Manager cc: Harris Pettett & Kent Architects file/Conun, JW/rm STATE LICENSE NO, Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673-6446 Facsimile: (714) 673-6899 May 21, 1996 Mr. Jim Harris Harris, Pettett & Kent Suite Two Thirty Huntington Beach, CA 92648 Subject: Fletcher Jones Motorcars LSA Addendum for Archeo-Palen Monitoring Services Dear Jim: Attached is an addendum from LSA Associates to their original contract proposal (to Fletcher Jones Motorcars) for providing archeo-paleo monitoring services during grading operations. tB'oth `tfie California Coastal �mmission permit and the City Conditional Use Permit requi—' r , presence of an archeo-paleo monitor during grading. LSA did provide these services during the! export grading operation, which was concluded May 10, 1996, and the addendum cover—sIlieir i projected ser-vices during the building grading period. -Since my contract does not call for any services related to on -site building construction (except for interface with street and off -site construction). I am forwarding the addendum to you. Also attached is a copy of LSA's original proposal for reference. If you have any questions, please do not hesitate to call me. Sincerely, &„IA Emmet Berker :pdg cc: Rich Hanki (FJM) Deborah McLean (LSA) LSA Associates, Inc. s94 i 996 i� S �t� Principals May 15,1996 Environmental Analysis Transportation Engineering Resource Afanagement Community Planning Ecological Restoration Rob Balen Lyn Calerdine Les Card Mr. Emmet Berkery Steve Granbolm City of Newport Beach Richard Harlacher 3345 Newport Blvd., Suite 215 Roger Harris Newport Beach, CA 92658 Art Homrighansen Larry Kennings George Kurilko Carollyn Lobell ' Subject: Addendum to LSA Associates, Inc. January 5, 1996, Contract Bill Mayer for Cultural and Paleontological Resources Monitoring Rob McCann Proposal for the F1eteher Jones/San Diego Creek North Site, Rob Scbonboltz City of Newport Beach, County of Orange, California Malcolm J. Sprawl Associates Dear Mr. Berkery: Deborah Baer Connie Calica Pursuant to our telephone conversation of May 13, 1996, I have compared Steven W. Conkhng the LSA Associates, Inc: (LSA) invoices to our original contract of January 5, Ross Dobberteen 1996. The total budget for this contract is $24,500. As of April 30, 1996, LSA Gary Dow had expended $19,255.87. The balance of $5,244.13 will be applied towards Kevin Fincher the production of the archaeological and paleontological reports, which were Clint Kellner Kirtland Knren ffir gbud eted at a total of $5,200 for both reports. These documents will encom- Lastra LaJler pass both the original phase of work that resulted in 160,000 yards of cut, Benson Lee and the proposed phase of work that will result in 25,000 yards of cut and a Sabrina Nicholls maximum of 25,000 yards of overexcavation. By having LSA complete one M. W. "Bill° O'Connell report for both phases of work, the client will essentially save $5,200. Anthony Petros Brad Snemm Jill Nilson You asked me'to calculate the approximate amount of time that will be - -- - --- — required to monitor the proposed phase of work based on the amount of time that was spent monitoring the original phase of work. LSA expended 442 hours monitoring cut activities and completing paleontological exca- vation for 160,000 yards of cut. At that rate, the proposed phase of work that will include 25,000 yards of cut and a maximum of 25,000 yards of over excavation will require 138 hours. At the approved monitoring rate of $40 per hour, the proposed phase of work will require $5,525 for monitoring and paleontological excavation activities. LSA estimates that the additional laboratory time *required for the proposed phase of work will be approxi- mately 60 hours @ $40 per hour for a total of $2,400. Additional miscella- neous expenses such as meeting attendance (if required) and project admin- 05/15/96(I: %FJN630%AUTHOAIZADD) One Park Plaza, Suite 300 Telephone 714553.0666 Irvine, California 92714 Fncsin,ile 714533.8076 LSA Associates, Inc. istration will be $1,000. In summary, LSA estimates that the following addi- tional budget will be required to complete the proposed phase of work: Monitoring 5,525 Laboratory 2,400 Project Administration 1,000 Total $8,925 LSA hereby requests additional authorization to complete the above tasks at the projected budget of $8,925. When added to the original contract amount of $24,500, the new total would be $34,425. If the client agrees with this proposal, please have him approve by signing below and returning a copy of this letter to us. This approval will constitute a contract. Upon finalization of a written agreement, LSA will be prepared to commence work on this project. If you have any questions, please contact me at (714) 553-0666. We look forward to working with you on this project. Sincerely, LSA ASSOCIATES, INC. Deborah McLean Assistant Project Manager THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED CONSULTANT: LSA Associates, Inc. Authorized Signature Title S�is�96 Date 05/l5/96(I: •PJN630 kAUniORIZADD) CLIENT: Company Authorized Signature Title Date HINNEWINKEL CONSTRUCTION, INC. 2664 NEWPORT BLVD. • SUITE 200 COSTA MESA, CA 92627 June 7, 1996 City Of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ATT: Planning Department (714) 631-7111 • FAX (714) 631-3068 LANNNG DEPARTMENT -ITY OF NEWPORT BEACH AM ,in 1 " 1996 PM 71819,1011111211121314150 6 This is to serve as notice that HCI intents to comply with the City of Newport Beach Noise Ordinance 10.28.040. Work hours will be limited to 7:00 AM to 6:30 PM Monday through Friday and 8:00 A.M. though 6:00 PM on Saturdays. Work will not occur on Sundays or Federal Holidays. Sincerely, HC mnewinkeI C%onstruction, Inc. Git//� 1 Joel Wolfer Project Manager cc: Harris Pettett & Kent Architects file/Comm. JW/rm w STATE LICENSE NO. 227983 100-527 PLETCHER JONES MOTORCARS OF APPROVAL STATUS/COORDINATION LISTING CONDITION NO. RESPONSIBILITY/COMMENTS EIR CONDITIONS 1. GRADING CONTRACTOR / The majority of the export has already been removed by the existing grading permit No. G9500110. Additional spoils, if any, would require disposal site identification. The city will require site identification prior to grading permit issuance in case export is encountered. 2. GRADING CONTRACTOR - Soils engineer. 3. EVERYONE. 4. K.W. LAWLER (KWL) - Pacific Soils Engineer (PSE)/grading plan and soils reports submitted - pending approvals. 5. KWL / Shown on sheet numbers 7 and 9 of precise grading plan. 6. KWL - GRADING CONTRACTOR / Shown on sheet no. 9 - Haul route to be determined by contractor and approved prior to grading permit release. 7. CITY OF NEWPORT BEACH (CNB) - KWL / A formal erosion, siltation, and dust control plan submitted to Water Quality Control Board was required for mass grading operation (permit No. G9500110.) The precise grading plan for Fletcher Jones Motorcars qualifies as a non -large operation under rule No. 403 and submittal to the board is not necessary. Erosion measures regulated by rule 403 are addressed on sheet no. 9 of the Precise Grading Plan. 8. KWL - CNB / The proposed storm drain system drains to the proposed city storm drain within Bayview Avenue, and velocities have been reduced as much as practical. 9. KWL - Grading Contractor. 10. KWL / Noted on sheet No. 9 of Precise Grading Plan. 11. KWL / Noted on sheet No. 9 of Precise Grading Plan. 12. Pacific Soils Engineer (PSE). 13. PSE 14. KWL / See Precise Grading Plan. 15. Grading Contractor - PSE / Slope vegetation requirement noted on sheet No. 9 of Precise Grading Plan. 16. KWL / See Precise Grading Plan. 17. Malefyt Land Planning (MLP) / requirement noted on sheet 9 of Precise Grading Plan. 18. PSE 19. M.J. Schiff & Assoc. Consulting Corrosion Engineers / Requirement for noted on sheet 1 of Precise Grading Plan. 20. PSE 21. KWL / See sheet 9 of Precise Grading Plan. 22. KWL / Refer to Precise Grading Plan and Hydrology/Hydraulics report. 23. KWL / Noted on sheet 9 of Precise Grading Plan. 24. KWL 25. Grading Contractor / sheet 9 of Precise Grading Plan addresses site, watering, and sweeping programs. 26. KWL / See sheet 9 of Precise Grading Plan. 27. KWL Grading Contractor / Precise grading of the site will result in the required diversions. Any interim construction contemplated by the grading contractor may result in the need for a temporary plan. 28. KWL / See sheet 9 of Precise Grading Plan. 29. KWL / See sheet 9 of Precise Grading Plan. 30. KWL / See sheet 9 of Precise Grading Plan. 31. Harris, Pettet, & Kent (HPK) / The sWPPP for the mass -grading does not cover the Fletcher Jones Motorcars project and a notice of completion has been filed. HPK to hire appropriate consultant to prepare SWPPP and file new NOI. 32. KWL / Refer to Water Quality Management Plan (WQMP) for the project. 33. HPK / BMP's as shown in WQMP. 34. KWL 35. KWL - ASL Consulting Engineers (ASL). 36. Fletcher Jones Motorcars (Owner). 37. KWL / See sheet 9 of Precise Grading Plan. 38. Everyone 39. HPK / City planning noted a requirement for a letter from an acoustical engineering company. 40. HPK 41. Contractor / Noted on sheet 1 of Precise Grading Plan. 42. CNB - KWL 43. MLP 44. Frederick Brown Associates Consulting Electrical Engineers (FBA) 45. CNB 46. HPK - Owner 47. CNB - HPK - Owner 48.-57. HPK / Although mass graded by permit No. G9500110, monitoring will still be required. Requirement noted on sheet 1 of Precise Grading Plan. 58. MLP 59. KWL / Noted on sheet 1 of Precise Grading Plan. 60. KWL - ASL 61. Not Applicable 1. HPK 2. Owner TRAFFIC CONDITIONS USE PERMIT CONDITIONS 1. HPK 2. HPK / City has requested one complete plan showing all parking - to be prepared by HPK prior to grading plan approval. 3. HPK 4. Everyone 5. Everyone 6. HPK 7. HPK - MLP - KWL / Sight lines at intersections shown on sheet 3 of Precise Grading Plan. 8. MLP 9. KWL 10. CNB / To be included in lease agreements. 11. Owner 12. CNB - ASL 13. KWL - ASL 14. KWL - ASL 15. FBA - Edison 16. HPK 17. HPK - Ludovise 18. KWL 19. HPK - KWL / See sheet 3 of Precise Grading Plan. 20. MLP / Sight lines shown on sheet 3 of Precise Grading Plan. 21. HPK 22. MLP / Sight lines shown on sheet 3 of Precise Grading Plan. 23. KWL - Contractor / Noted on sheet 9 of Precise Grading Plan. 24. HPK - CNB 25. KWL / Sheet 8 of Precise Grading Plan. 26. HPK - Ludovise 27. HPK 28. HPK 29. HPK - Ludovise 30. HPK - FBA 31. HPK 32. HPK - Owner 33. HPK - Owner 34. HPK 35. Everyone 36. HPK 37. HPK - Ludovise 38. HPK - Owner 39. HPK - Owner 40. HPK - MLP 41. HPK - FBA 42. HPK - Ludovise 43. CNB 44. Everyone 45. Everyone 1 i -- 1 1 i 1 1 1 1 1 1 1 1 1 1 DETAILED INTERIM HABITAT LOSS MITIGATION PLAN SAN DIEGO CREEK NORTH DETAILED INTERIM HABITAT LOSS MITIGATION PLAN SAN DIEGO CREEK NORTH December 1, 1995 Preparedfor. City of Newport Beach 3300 Newport Boulevard Newport Beacb, CA 92663 Prepared by: LSA Asso cia tes, Inc. 1 Park Plaza, Suite 500 Irvine, California 92714 (714) 553-0666 ISA Project #CNB501 LSAAvodate; Ina I TABLE OF CONTENTS PAGE INTRODUCTION .......................................... iv SECTION 1 - HABITAT RESTORATION PLAN ..................... 1-1 INTRODUCTION.....................................1-1 OBJECTIVE.........................................1-1 SUPERVISION/RESPONSIBILITIES ........................ 1-4 PLANT PALETTES....................................1-7 PLANTING METHODS ................................ 1-11 IRRIGATION.......................................1-17 MAINTENANCE.....................................1-17 PERFORMANCE STANDARDS ..........................1-20 MONITORING.....................................1-21 REMEDIAL MEASURES...............................1-22 SECTION 2 - EXOTIC WEED ERADICATION PLAN ................. 2-1 OBJECTIVE.........................................2-1 SCHEDULE.........................................2-1 METHODS OF REMOVAL..............................2-2 METHODS OF REVEGETATION ......................... 2-3 EXHIBITS A - LETTER FROM CITY OF NEWPORT BEACH 12/01/95([:%CNB501%lHI MP.PLN) ii LYAAs dates, Ina II I I LIST OF FIGURES PAGE 1 - Regional Location .................................... 1-2 2 - Project Location and Mitigation Site ...................... 1-3 3 - Big Canyon Mitigation Area ...................... back pocket 4 - CSS Fuel Modification Cell and Fuel Modification Zone Design............................................1-5 5 - Cross Section of CSS Fuel Modification Cell ................ 1-6 11 M Associates, Inc. I 7 L I J n L I I 11 I I II INTRODUCTION This document constitutes the Detailed Interim Habitat Loss Mitigation Plan (IHLMP) for the construction of a Fletcher Jones Motor Cars (FJMC) automo- tive dealership in Newport Beach, California. The City of Newport Beach (City) is the Lead Agency for this project. The purpose of this detailed IHLMP is to provide a specific plan for the implementation of the biological measures identified in the Environmental Impact Report (EIR) for the project. These mitigation measures were developed through consultation with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG), and are designed to mitigate the project specific impacts to coastal sage scrub (CSS). These measures were further defined and de- scribed in a letter from the City to the USFWS (dated October 23, 1995), in conformance with the interim habitat loss provisions of the Natural Commu- nities Conservation Plan (NCCP) and section 4(d) Special Rule for the Cali- fornia gnatcatcher. Section 1 - Habitat Restoration Plan provides a specific plan for implementation of the primary mitigation measure, which is the replacement/enhancement of a minimum of 3.5 acres of CSS in the Big Can- yon area, adjacent to Upper Newport Bay. In actuality, 4.5 acres of CSS and 0.2 acre of mulefat will be revegetated. Section 2 - Exotic Weed Eradication Plan provides direction for a three year exotic weed removal and subsequent revegetation effort in the lower end of Big Canyon (between Jamboree Road and Back Bay Drive). 11/29/95(1ACNB501UH1MP.PLN) IV II ' LYAAmdata; Inc 1 SECTION 1 - HABITAT RESTORATION PLAN ' INTRODUCTION This Habitat Restoration Plan (HRP) provides the direction for the ' restoration/enhancement of 4.5 acres with coastal sage scrub (CSS) plant species and 0.2 acre with mulefat vegetation, as partial fulfillment of a De- tailed Interim Habitat Loss Mitigation Plan (IHLMP). Implementation of this IHLMP is required as mitigation for the proposed impacts resulting from the construction of a Fletcher Jones Motor Cats (FJMC) automotive dealership, which is proposing to relocate to the project site from another location in Newport Beach (see Figures 1 and 2). The proposed new location is within the northern portion of the parcel known as San Diego Creek North. The City is responsible for the implementation of this IM, which is required as part of the terms and conditions of the U.S. Fish and wildlife Service (USFWS) interim take authorization, pursuant to Section 4(d) of the federal Endangered Species Act. The 4.7 acres to be revegetated to CSS are located in the mouth of Big Can- yon (between Jamboree Road and Back Bay Drive) where it empties into Up- per Newport Bay, which is the estuary created by San Diego Creek where it ' enters the Pacific Ocean, in Newport Beach, California (Figure 2). OBJECTIVE This plan calls for the planting of 4.5 acres with CSS species (under three ' different conditions) and 0.2 acre with mulefat vegetation within Big Canyon, as follows (see Figure 3 in back pocket): Type of Revegetation Acreage CSS Habitat - Restoration 2.9 - Enhancement 0.9 ' - Fuel Modification Zone 0.7 Mulefat Vegetation 0.2 Total 4.7 ' Both the restoration and enhancement conditions will be planted with CSS species that are found in the vicinity of Upper Newport Bay. The difference between the two conditions is simply that the enhancement areas contain existing CSS vegetation that will be supplemented, while the restoration areas contain little or no quality CSS habitat and require complete conversion. However, due to their proximity to the fuel modification zone for the nearby apartment complex, portions of both the restoration and the 12/0t/s5(1.sCNB501%HU m.P110 1-1 11/3l95(CNB501) ' N LSh Scale in Miles �� o 5 Figure 1 Regional Location I I ,� %' filontel�r a/� \•, •'i ( PROJECT ✓ '�- (l'O/i. »� � \ SITE 1 0 �' , t �•\ \. ',/'��' ,{ � �s'", .l � ` �, Bn'NPv I '�'� ...�,..,�..�UNI,V.Efls • /f/ `(SDI W k�' 1,. _ •'•..,•.., (:;`,�, Q' salt of t�\•1!^j'\�'�\:•.?r. ,,I, s<- ���- � •%'>I'`"'��' {.S4,1+ Q' >. Eraaora rsIf � 1 . � jJ!• '� \ �1i `; j1 `�\ . �'c! 1l ��4:� 'c.. �. . f„ ::...,':: •-. 0,, G : Mi p:•T+°Y� ' a _ _ ua u�I Pit • Y$n , `.' ilr �, ., `,:"1 Yi �•S�r:'a.` ;'. •I++''; I.1't � _�;, y" tie i `..rs"' - i el )� ��.\. 3e �: ��'',)�, /�/� � I j•.- '".-''J•' (,2Ln(2{ y(r,.{ 'QN u.T�l � "_ �•_ 't^ � .lt a- �� �\ /'ii �'�� .'�12s .�'•%r.•.j: �i',:;.I:�1�iiiiu�y� 1-�'�•'�// v �—fig"r i 1•— 1 �i�lg `. arY�:'it?r'l;0' • •J' a Q' 0 , P� ` SI) `_r III 'y 4'n/ r r1 'r i. �1;5t:r�.--;� � �OQF` � ; c �• I, so �� _, xi' �a ,� <o'ty.:a - .,..^ (i.: c' ; i . ((✓,lj"' ? .. r ,� � 9 4T � r\ 1 +\. vim_ -.., , "L :., 1..•• (I ., i�l ', .. t '� .; � l m �. s�„\ � � . ', � ��" cc�• „<= c.; ram,'.;.:' . ��j'1` ill r. ; -• at>r ; %\`:� P� ,�:: 1 .ic \ r�"��'�"`� � �`:, '•;�//' : �'r i l=_ a •. q•1 1 r1`.•�,�ini �i\t.' ' � t- v\�b , c <t°•�e`�' o (�� 1 / s. '�.�J("�'S, ��;'•,,' v ,� �` '"�' 4 '� � � i rAios I•- I '^ ,P f � � � \{ r I -• <\/ ��I ��'�h/a ^• $aL4 =J� � /t OJ - `+'• '' �%' SITE 1' �� � '� / 7 • J / I , r. , '_�'� 7• � •'nr - - - ra / is r :\ , � 1 9m� - a 'tom(° +JJ' i(; .J \ l i/// ��I�! ,\ 21C�V��~\ d— • -" /� / �,: \. ? Ili ,�..5 ,, � ((� (�Illl`�, �. ' v� Y N,^ '(�• -- � l V r ` �`�3\ :�� •l! {',n�fey qq ' / ram.- ^� • :) \ p d.: a 0 i/, i SI it 1 , �— \•� r \ i`\ i /f -"`.. '("�•'.Y ,R'y:,,,• r' i III ( ` ' 411•. 1:,. 1 0 n. �.'` Source: USGS 7.5' Too hic uadran les, "Newport Beach, Tustin & Laguna Beach, Calif." Y %U r ,'`^' � " , ' •+� ` P BraP Q B P B , �.. yr" <... . , L� I'I :•, 11/3/95(CNB501) N Scale in Feet � LS O 10 0 l000 2000 Figure 2 Project Location and Mitigation Site ' LSAAmdates, Ina 1 enhancement areas will be planted using a "fuel modification cell" technique ' (Figures 4 and 5). This technique consists of installing the CSS vegetation in approximately 40 foot by 80 foot "cells," which will be bordered by dense rows of plants consisting of those CSS species that are acceptable to the Newport Beach Fire Department (NBFD) and the Orange County Fire Author- ity (OCFA) as fuel modification zone species. This configuration will provide a buffer of fire retardant vegetation between the individual patches of CSS. These "cells" will be much smaller within the enhancement areas, since there is less area that requires revegetation among the existing CSS. ' The fuel modification zone condition will be revegetated by installing those CSS species that are accepted as fiiel modification zone plants, using spacing distances between plants that conform to fuel modification zone specifica- tions (Figure 4). This design will create some CSS habitat value while main - Itaining an effective fuel modification zone. The 0.2 acre of mulefat revegetation will occur within areas currently domi- nated by pampas grass and other weeds (Figure 3), which will be removed as described in Section 2. ' The location of this 4.7 acres of mitigation area has been selected to enhance the existing CSS and wetland habitat in the vicinity of Upper Newport Bay, and has been mutually agreed to by the City, the U.S. Fish and Wildlife Ser- vice (USFWS), and the California Department of Fish and Game (CDFG). LSA Associates, Inc. (LSA) has assisted the City in the analysis of project impacts and development of mitigation measures. This revegetation effort will in- crease the amount and quality of CSS and wetland habitat in Upper Newport Bay that can be utilized by the California gnatcatcher and other species that require these habitats. When combined with the weed eradication described ' in Section 2, this will mitigate for the project induced loss of potential breed- ing habitat for the California gnatcatcher. ' Installing cuttings and container plants, and handseeding will be used as methods of planting. The initial planting, and seeding for mulefat revegetation, is to be completed during the fall and winter of 1996197, and ' the initial seeding for CSS revegetation and supplemental planting (if neces- sary) during the fall and winter of 1997/98. ' SUPERVISION/RESPONSIBILITIES Revegetation SpecWist The Revegetation Specialist will have the responsibility of ensuring imple- mentation of the IHLMP. These duties will include monitoring all site prepa- ration of the revegetation areas, and overseeing the entire revegetation pro- cess from seed collection to achievement of performance standards. 1Z/01/95([:%CNB501%R MP.PLN) 1-4. II M M= m m= M M m m m m m 'r M M Line Acceptable Fuel Modification Zone Species E 101 o ' i 9 Enhancement Restoration 1 tn,nc 1.:nen11 N 1Y LC A Not to Scale Fuel Modification Zone Boundary Forb Seed Mix IPA 40' X 80' Maximum Size �ME LEGEND CSS Forb Seed Mix Acceptable Fuel Modification Zone Species L:f Existing CSS CSS Container Plants •,: �,;• CSS Container Plants and Seed Mix Figure 4 Coastal Sage Scrub Fuel Modification Cell and Fuel Modification Zone Design m m m m m m m m m m m m m m m r m m m Acceptable Fuel Modification Acce table Fuel Modification Zone Species - Staggered Spacing CSS Container Plants Zone Species - Staggered Spacing CSS Seed Mix =11 IIII=I =-IIIII II -IIII=I=III1I IIII-IIIII , I.•_.�: - -p_s I - I.-. ..;- - tea-.: IIII mi -IIII 11=11 IIII-1IM111-11 IIII=IIII=IIII-IIII I=IIII-IIII=11 IIII-III=III= 1=1I-III=IIII-II=I=I=III=IIII=IIII=II=IIII=II=III-IIII=IIII-IJill = 11=11 =IIII= 8'-10' 40' 8'-10' SECTION A -A LSASchematic -Not to Scale Figure 5 Cross Section of Coastal Sage Scrub Fuel Modification Cell MAssoctates, Inc Revegetation Contractors All Contractors used for the site preparation, installation and maintenance of these plant communities shall be thoroughly familiar with the type of equip- ment and materials being utilized and/or installed, and the best methods for their installation and use. Contractors shall provide at least one English speaking person, who shall be present at all times during execution of this portion of work, and shall direct and supervise all work performed as spe& fled. Site Preparation/Installation Contractor The Site Preparation/Installation Contractor will be responsible for all activi- ties required to prepare the areas for planting and seeding, in addition to the installation of all plant material. The Site Preparation/Installation Contractor will also be responsible for the maintenance of all revegetation sites for a 120 day establishment period. ' Maintenance Contractor The Mdintenance Contractor will be responsible for maintenance of all reveg- ' etation areas, beginning immediately following the initial establishment period until performance standards are achieved. I R 11 PLANTPALETTES The plant palettes for the CSS restoration and enhancement areas were selected to replicate as closely as possible the existing adjacent CSS commu- nity in Upper Newport Bay. The plant palettes for the fuel modification zone were developed from the OCFA list of acceptable fuel modification zone species, to provide a measure of CSS habitat value while at the same time comprising a buffer strip of fire retardant vegetation between the nearby apartment complex and adjacent native vegetation. CSS Container Plants Restoration Areas The plant list for the container plants to be used in the 2:9 acres of CSS restoration is as follows: 1129/95(1:\CNB501\1HLMP.PJ1q) 1-7 LSAAmdates, Ina Scientific Name Common Name Plants Per Acre Total Number of Plants Atriplex canescens Fourwing 50 145 saltbush Artemisia californica California 235 680 sagebrush' Heteromeles arbutifolia Toyon 5 15 Rhus integrifolia Lemonadeberry 10 30 Eriogonum fasciculatum California 100 290 buckwheat' Mimulus aurantiacus Bush 40 115 monkey flower Opuntia littoralis Coastal 5 15 prickly pear Baccharis pilularis Coyote bush' 20 700 Nassella pulchra Purple 20 60 needlegrass' Sambucus mexicana Mexican 10 30 elderberry Isocoma menziesH Coastal 30 85 goldenbush' Isomeris arborea Bladderpod 20 2502 Encdlia californica California 50 145 encelia' Total Number of Plants 595 2,560 Enhancement Areas The plant list for the container plants to be used in the 0.9 acres of CSS enhancement is as follows: ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of a plant and form a symbiotic relationship that allows the plant to absorb greater amounts of moisture and nutrients from the soil.) 2 Total number of plants is not representative of numbers of plants per acre, due to the high density of plants required within the fuel modi- fication cell borders. 11/79/95(1ACNB501\JH MP.PI.N) 1-8 MA=dates, Inc• Scientific Name Common Name Plants Per Acre Total Number of Plants Atriplex canescens Fourwing 50 45 saltbush Artemisia californica California 90 80 sagebrush' Rhus integrifolia Lemonadeberry 5 5 Eriogonum fasciculatum California 60 55 buckwheat' Mlmulus aurantiacus Bush 20 20 monkey flower Baccharis pilularis Coyote bush' 30 1402 Nassella pulchra Purple 10 10 needlegrass' Sambucus mexicana Mexican 5 5 elderberry Isocoma menziesii Coastal 10 10 goldenbush' Isomeris arborea Bladderpod 30 402 Encelia caltfornica California 30 25 encelia' Total Number of Plants 340 435 Fuel Modification Zone The plant list for the container plants to be used in the 0.7 acre of fuel modi- fication zone is as follows: ' Plants to be inoculated at the nursery with mycorrhizal fungi. (Mycorrhizal fungi attach themselves to the roots of a plant and form a symbiotic relationship that allows the plant to absorb greater amounts of moisture and nutrients from the soil.) 2 Total number of plants is not representative of numbers of plants per acre, due to the high density of plants required within the fuel modi- fication cell borders. 11/29/95(1.%CNB501WiLMP.PLN) 1-9 MAs dates, Inc Scientific Name Common Name Plants Per Acre Total Number of Plants Heteromeles arbutifolia Toyon 5 5 Rhus integrifolia Lemonadeberry 5 5 Baccharis pilularis Coyote bush' 250 175 Isomeris arborea Bladderpod 100 70 Total Number of Plants 365 255 Mulefat Plant Material Approximately 300 mulefat cuttings will be collected and used to revegetate 0.2 acre of mulefat vegetation. CSS Seeding Restoration and Enhancement Areas The CSS seed mix for the 3.0 (appro)imately 0.8 acre of border area will not be seeded) acres of restoration and enhancement area is as follows: Lbs. Total Lbs. Scientific Name Common Name Seed/Acre Seed Artemisia californica California 5.0 15.0 sagebrush Isocoma menziesii Coastal goldenbush 1.5 4.5 Encelia californica California encelia 2.5 7.5 Eriogonum California 9.0 27.0 fasciculatum buckwheat Gnaphalium California 0.5 1.5 californicum everlasting Mimulus aurantiacus Bush 0.5 1.5 monkey flower Plantago ovata Woolly plantain 5.0 15.0 Lupinus succulentus Arroyo lupine 2.0 6.0 Lotus scoparius Deerweed 2.0 6.0 Sisyrinchium bellum Blue-eyed grass 1.0 3.0 Nassella pulchra Purple needlegrass 1.5 4.5 Eriophyllum Golden yarrow 1.0 3.0 confertiflorum 11/29/95(I:\CNB501WII.MP.PI.N) 1-10 LSAAvodates, Ina Scientific Name Common Name Lbs. Total Lbs. Seed/Acre Seed Lasthenia californica Coastal goldfields 2.0 6.0 Total 33.5 100.5 - The total amount of seed required for the 3.0 acres of hand seeding is 100.5 pounds. The purity and germination for all of the seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. Fuel Modification Zone The CSS seed mix for the 0.7 acres of fuel modification zone is as follows: Lbs. Total Lbs. Scientific Name Common Name Seed/Acre Seed Gnaphallum californicum Lupinus succulentus Sisyrinchium bellum Nassella pulchra Plantago ovata Eriophyllum confertiflorum Lasthenia californica Total California 0.5 0.4 everlasting Arroyo lupine 2.0 1.4 Blue-eyed grass 1.0 0.7 Purple needlegrass 1.5 1.1 Woolly plantain 5.0 3.5 Golden yarrow 1.0 0.7 Coastal goldfields 2.0 1.4 13.0 9.2 The total amount of seed required for the 0.7 acres of hand seeding is 9.2 pounds. The purity and germination for all of the seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. PLANTING METHODS Sources of Plant Materials/Methods of Propagation If possible, all plant materials for the replacement of the CSS and mulefat shall be obtained from within the vicinity of Upper Newport Bay. For those species that do not exist in large enough quantities within the upper New- port Bay area to provide adequate seed for the project, it will be necessary to use seed collected from other areas within a five mile radius of the restora- tion site. If necessary, limitations in seed availability will be accommodated by off -site seed collection, the propagation of some species from cuttings, and a staggered planting and seeding schedule. 11/29/95(h\CNB501\a MP.PLN) 1-11 .UAA=odates, Ina I 1 I I j I I I I I! II Provisions will be made with a seed collection contractor as quickly as possi- ble to ensure that plant and seed materials will be collected from sites as close to the revegetation area as possible. The required nursery stock (with the exception of the mulefat cuttings) shall be contract grown, by a coastal nursery that has experience in growing native plants (e.g., Tree of Life Nurs- ery or Village Nursery) to ensure that propagules used were collected from approved sites. The planting stock shall be grown in D-40 or one gallon containers, and shall be at least four, and preferably six, months of age at the time of planting. All planting stock will be delivered for planting in a healthy growing condition, with roots showing no tendency toward being rootbound. All cuttings for the mulefat revegetation will be collected on site, as described below: • All cuttings shall be collected within 48 hours of the anticipated plant- ing time. Cuttings not planted within 48 hours of collection shall be discarded. • Cuttings shall be collected from only healthy, vigorous plants that are in a dormant state,. • Cuttings shall not be collected from more than 50 percent of the plants in a given area, and no more than 50 percent of any given plant shall be collected. • Cuttings shall be approximately 18 to 24 inches in length and 0.5 in diameter. • The top of each cutting shall be cut square, above a leaf bud, while the base shall be cut at an angle of approximately 45 degrees, below a leaf bud. • All leaves and branches shall be trimmed from the cuttings flush with the stem. • The cuttings shall be placed in water, and not allowed to dry until planting time. Recommended Planting and Seeding Times The normal germination period for native vegetation and the best season for plant root development and establishment in Southern California occurs during the winter rainy season. For this reason, seeding and planting for CSS and mulefat revegetation should be completed between approximately October 15 and February 15. However, optimal results will likely be ob- tained from November and December seedings and plantings, depending on the timing of seasonal rains. Normally, no revegetation or remedial seeding 11a9/950.\CNB501Wf MP.PLN) 1-12 �i I MAsmdates, Ina I U I I 1 I and planting would occur between February 15 and October 15, because germination is unlikely to occur and plants will likely die due to a lack of moisture. Irrigation should not be used to lengthen the planting window. If anything, the use of irrigation to.lengthen the planting season will be detri- mental by favoring the growth of annual weeds, which will surpass the growth of the native plants. Site Preparation Requirements In order to maximize the probability of successful restoration, each revegetat- ion area must be as weed free as possible. Consequently, all weeds, grasses and thatch must be removed from the revegetation areas, and soil compac- tion (if any) must be eliminated. Noxious Weed Removal All noxious weeds, as determined by the Revegetation Specialist, will be treat- ed with herbicide (see "Herbicide Treatment," below), using either a foliar or stump application. All vegetative debris resulting from this activity will be disposed of off site. Herbicide Treatment Spraying and/or wick application of herbicide may be employed at the discre- tion of the Revegetation Specialist to control undesirable species. Only EPA approved, glyphosate based, systemic herbicides (e.g., Roundup or Rodeo), may be used in the planting areas; Rodeo must be used when applying herbi- cide within 100 feet of any natural water course or body of water. For foliar spray application, Roundup and Rodeo must be applied at a minimum of a two percent solution, and for foliar wick application a minimum of a 33 percent solution must be used; a 100 percent solution must be used for stump treatment. No pre -emergent herbicides may be used. Spraying may be conducted only when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g, sunny, dry, and when plants are actively growing), and when wind conditions are such that herbicide drift is non-existent (five mph or less). During herbicide applica- tion, protection for non -target species (e.g., native vegetation) is required. Thatcb and Weed Removal, and Ripping Following herbicide treatment, all remaining weeds, grasses and thatch shall ' be flail mowed and vacuumed, or cut with a string trimmer and removed manually (with the exception of pampas grass, which will be dug out by the roots). The restoration portions of the site will then be cross -ripped to a 11/29/95(1.\CNB501\1HLMP.PLN) 1-13 1 LFAA=dales, Ina ' depth of 12 to 18 inches with a small bulldozer, in order to turn under and bury any remaining seed and thatch. In addition to burying the seed and ' thatch, ripping the site will alleviate any soil compaction present as a result of detrimental past usage (past grading activity, recreational usage, etc.). ' Soil Amendments A soil analysis shall be conducted to determine fertility and agricultural suit- ability of the soil, and to test for salt and boron toxicity. Soil samples shall be taken prior to site preparation so that alternative mitigation approaches can be chosen, should boron or salt toxicity be present. Sampling shall be conducted under the supervision 'of a Revegetation Specialist, and shall in- clude at least one test unit from each surface soil type present on the site. A composite of at least six samples, from the top six to eight inches of each soil type, should be collected for analysis. The soil samples shall be analyzed by a qualified agronomist, who will submit a written report of his recommendations based on the completed soil testing. If soil treatment is required, it will be implemented under the direction of a Revegetation Spe- cialist. In addition, a vesicular-arbuscular mycorrhizal fungi inoculum (VAM 80) will be incorporated into the soil of the restoration areas, during ripping, at a rate of 30 liters per acre. This mycorrhizal fungi is present in native CSS ecosystems where it attaches to the root of a plant and forms symbiotic rela- tionship that allows the plant to absorb greater amounts of moisture and nutrients from the soil. The incorporation of inoculum into the soil (versus installing only inoculated container plants) will more quickly establish these natural mycorrhizal associations and increase the chances for successful plant establishment. Fencing and Signage ' A heavily used pedestrian path serves as a boundary for one side of the revegetation areas. In order to avoid any damage from pedestrian traffic, a six foot high chain link fence will be installed along the edge of the ' revegetation areas until the slope adjacent to the path becomes steep enough to discourage foot traffic. This fencing will remain in place until the desired habitat is established. Planting Technique - Container plants and cuttings will be spaced in natural looking patterns to replicate the character of the adjacent CSS and wetland communities as ' closely as possible. If necessary, supplemental plantings will be installed one year following seeding. Both the initial and supplemental plantings (if need- M11i29/95(I:\CNB501\BiIMP.PLN) 1-14 LSA Assodate; Ina ' ed) shall be set out on the site under the supervision of the Revegetation Specialist, with consideration given to the microclimate for each plant. All container plants are to be planted according to the following specifica- tions: ' Ali planting holes shall be augured, have vertical sides with rough- ened surfaces, and be 8 inches wide and 15 inches deep; • All container plants to be installed in areas that will not be ripped, shall have all non-native vegetation removed from a 24 inch diameter area around the planting hole, prior to planting. be • Any roots wrapped around the sides of the container shall pulled loose from the rootball and the sides of the rootball shall be scarified ' to promote new root development. • Plants shall be planted with the roots untangled and laid out in the planting hole to promote good root growth and prevent the plant from becoming rootbound. • Roots shall be adequately protected at all times from sun and/or drying winds. • The planting hole shall be filled with thoroughly broken up native topsoil. Plants shall be set in the planting hole so that the crown of the root '0 ball is 0.5 inch above finish grade. The crown of the plant shall not be depressed. • A watering basin 24 inches in diameter shall be constructed around each plant. • After excavation and before planting, the planting hole shall be filled approximately half full with water, backfilled with thoroughly broken up native topsoil, and then completely filled with water to avoid soil settling. Mulefat cuttings are to be planted according to the following specifications: • Prior to planting, a root stimulant shall be applied to the portion of each cutting that will be buried. Half inch rebar shall be driven 18 to 20 inches into the ground and then removed, to create the planting holes. ' 12/01/95(I:%CNB501wHi MP.PLN) 1-15 7SA Amdates, Inc. ' Each planting hole shall be completely filled with water, and then a cutting inserted into the planting hole, base first, to a depth of 18 to 20 Inches. • The planting hole shall be completely backfilled, and then compacted to prevent easy removal of the cutting. Handseeding Technique Seed shall be broadcast by hand, or with a Cyclone seeder or equivalent. Before broadcasting, the seed shall be mixed with a dispersal agent (rice ' hulls, oat bran, etc) at a 2:1 ratio (dispersal agent to seed) that will aid in good seed dispersal and coverage. After broadcasting, the seed is to be lightly raked into the soil (but not covered) with a bamboo landscape rake or equivalent. IRRIGATION CSS and mulefat revegetation do not require permanent irrigation. Water needed for cutting and container plant installation and establishment (if necessary) shall be obtained from a water truck, or other legal means, and shall be free from impurities, excess chlorine and salts. MAINTENANCE ' Maintenance of all plantings shall be the responsibility of the City on a year- to-year basis until the performance standards are met. Depending on site ' conditions, achieving performance standards generally takes three to five years, but could take longer. In the estimation of the Revegetation Specialist, maintenance will include any activities required to meet the performance standards set forth in this plan. Establishment Period The Installation Contractor should be held responsible for the maintenance of the revegetation areas for a 120 day establishment period, in accordance ' with the following specifications. A thorough inspection of the revegetation areas shall be conducted by the Revegetation Specialist at the end of the 120 day establishment period, and a list of those plants (including cuttings) dead or missing shall be submitted to the owner at that time. For each dead or missing plant greater than 15 percent of the total number installed, the Installation Contractor shall be charged $15.00 per plant and $10.00 per cut- ting, for the cost associated with replacing the plant material the following planting season. I12/01i95(1:,•CNB50t• HHMP.rrr) 1-16 M.JA octatus, Ina I I I 1 I I I I I I I During the establishment period, normal maintenance shall include the following: • Weed control; • Herbivore control (rodent control fencing, plant cages, etc.); • Treating any pathological infestations that may occur; • Repairing areas that are lightly damaged by erosion, by adding jute netting, silt fencing, sand bags, etc; • Supplemental irrigation (if necessary). Weed Control For a 120 day period following installation, weeds shall be controlled in revegetation areas to the extent necessary to prevent detrimental competition with container plantings for water, nutrients and light. During this time, all weeds present in the revegetation areas shall be removed before attaining three inches in height, producing seed, or at ten day intervals, whichever comes first. In addition, all non-native, invasive weeds (as determined by the Revegetation Specialist) within a 50 foot wide "buffer' strip adjacent to the revegetation areas shall be removed at monthly intervals. All vegetative mate- rial accumulated as a result of the above activities shall be legally disposed of off site. With the exception of those weeds that cannot be eradicated through manual removal (bermuda grass, cardoon, etc.), all weeds present in the revegetation areas must be removed manually; no herbicide treatment shall be permitted without specific, written authorization from the Revegetation Specialist. However, certain non-native weed species present in the buffer strip may be treated with herbicide (see "Herbicide Treatment" above), at the discretion of the Revegetation Specialist. Targeted species include, but are not limited to, the following: • Mustard (Hirscbfeldia incana and Brassica spp.) • Pampas grass (Cortaderia spp.) • Bermuda grass (Cynodon dactylon) • Hottentot -fig (Carpobrotus edulis) • Garland chrysanthemum (Chrysanthemum coronarium) • French broom (Genista monspessulana) • Scotch broom (Cytisus scoparius) • Eucalyptus (Eucalyptus spp.) • Bermuda buttercup (Oxalis pes-caprae) • Radish (Rapbanus spp.) • Castor bean (Ricinus communis) • Russian thistle (Salsola tragus) • German ivy (Senecio mikanioides) • Pink periwinkle (Vinca major) • Gorse (Ulex europaea) 12/01/95 (I: %CNB501 %1HLMP.PLN) 1-17 LSA Amdates, Ina ' 0 Vild oats (Avena spp.) • Brome grasses (Bromus spp.) • Cardoon (Cynara cardunculus) • Tamarisk (Tamarsx spp.) • Myoporum (Myoporum laetum) • Tocalote (Centaurea melitensis) • Yellow star -thistle (Centaurea solstitialis) • Poison hemlock (Conium maculatum) • Sweet fennel (Foeniculum vulgare) • Giant reed (Arundo donax) • Tree tobacco (Nicotiana glauca) • Pepper trees (Scbinus spp.) ' Ice plant (Mesembryantheinum spp.). ' Herbivore Control Local wildlife such as deer, rabbits, pocket gophers and ground squirrels may be expected to browse on plantings. If the revegetation monitor determines that the plantings are being jeopardized by wildlife, corrective measures such as temporary fencing using silt fence or poultry wire, or plant cages (con- structed from half inch aviary wire), will be installed. In addition, all anti- herbivory measures will be maintained throughout the establishment period. Irrigation ' Should drought conditions occur, all container plants may require supple- mental waterings. All irrigation will be implemented at the direction of the Revegetation Specialist. Extended Maintenance ' Following establishment, it is essential that site maintenance (including weeding, supplemental irrigation [if necessary] and maintenance of anti- herbivory measures [if any]) continues to ensure successful plant survival and community establishment. The extended maintenance period will begin immediately following the 120 ' day initial establishment period and continue until performance standards are met. In general, the required maintenance efforts will be most intense during the first two years following establishment until the plant community matures, and will then decrease over time. The revegetation areas shall be ' maintained regularly throughout the entire maintenance period, as follows: 1 Beginning immediately following the 120 day establishment period and continuing until June 1, 1997, weeding will be performed in accordance with the specifications applicable to weed control during i1?JOV95(I:wCNB501'.HRMP.PLi) 1-18 FLI I M Associates, I= 1 i I 1! I II If II the 120 day establishment period. This schedule also applies to the period between January 1, 1998, and June 1, 1998, during the second year of maintenance. For the remainder of the maintenance period, the revegetation areas shall be weeded on a monthly basis. The above timetable is approximate, contingent on weather conditions, and may require minor adjustments as determined by the Revegetation Specialist. PERFORMANCE STANDARDS The goal of this mitigation is to replicate the existing distribution patterns and relative proportions of key coastal sage scrub and wetland species within existing high quality habitat in the Upper Newport Bay area. Performance will be assessed based on the restoration area developing a trend of vegeta- tion cover diversity and species dominance that is similar to the reference area habitat. Establishment of habitat after five years, or earlier, will be considered successful if one or more of the following criteria are met: 1. The percentage of cover and species diversity of the vegetation in the reestablished habitat shall be equivalent (within ten percent) to the percentage of cover and species diversity in existing, high quality habitat (i.e., CSS occupied by nesting California gnatcatchers) in the Upper Newport Bay area. 2. The CSS habitat supports (for foraging or nesting) California gnatcatchers. 3. There is mutual agreement by biologists from the U.S. Fish and Wild- life Service (USFWS) and California Department of Fish and Game (CDFG) that all the revegetation areas are developing into healthy, functional habitats, and that the CSS revegetation areas provide habi- tat for the California gnatcatcher. Progress Toward Performance Standards During the three years following installation, the following observable fea- tures may be considered to represent progress toward successful establish- ment of healthy functional habitat: Attainment of 60 percent ground cover (75 percent for mulefat vege- tation) at the end of three years, with species diversity similar to existing high quality habitat in the Upper Newport Bay area. Germination and growth of a variety of the seeded plant species (total area coverage may be somewhat sparse after the first year). 12/01/95(I: %CNB501%IHWP.PI.N) II LFAAssaetates, Inc, '0 Presence of young shoots for seeded species/noticeable growth and new branching for container plantings. • Good root development of desired (native) species, which will be checked by a pull test conducted by the revegetation monitor. • Expansion of newly established plant community. • Lack of significant erosion. • Indications of sustainability (plant regeneration). ' • Evidence of resistance to invasion by non-native species (0-25 percent composition of non -natives) . • Low mortality rate for container plantings (0-20 percent). The goal of the revegetation program is to make progress toward the enu- merated performance standards throughout the monitoring period. All necessary steps will be taken to meet this goal. Specific performance stan- dards may be waived by the appropriate governmental agencies if monitoring indicates good growth towards a functional habitat, or if all reasonable cor- ' rective actions have been identified and implemented. 1 I I II II MONITORING In order to assure that the revegetation performance standards are met, the entire revegetative process, from the collection of seed to a minimum of three years following the installation, shall be monitored. The Revegetation Specialist will be an experienced restoration specialist, biologist, native land- scape horticulturist or other professional qualified to assess the performance of the revegetation effort and recommend corrective measures, if needed. The monitoring program will consist of the following: Overseeing the propagule collection process, including the collecting and germination testing of the seed. Initial and remedial planting and seeding operations monitoring as frequently as twice a week, depending on the conditions. Initial monitoring (e.g., during plant establishment and at 30 and 90 days after initial planting) to determine success of establishment. A survey of the site will be performed if it is apparent that survival and/or gemination is poor and remedial measures are necessary. The survey will identify the number and species of plants lost and requiring replacement. 12/01N5(1-%CNB501'.IIi1MP.PLN) 1-20 II I LVk.=cWe.% rna i 1 u� I P 1 L 1 I �I i 1 11 I 1 1 1 1 Monitoring for survival, appearance, and function. Monitoring will occur on a semiannual basis for three years following establishment and annually thereafter until the performance standards are met. A survey of the site to determine plant species composition and per- centage of cover will be performed at this time. However, the project shall be considered successful if the performance standards are met any time prior to the end of the three year period, and no further monitoring would be required. Documentation The first (as -built) report will be prepared 30 days following installation, and will include the dates of all subsequent reports for the remainder of the monitoring period. Reports will be prepared annually thereafter, and will include an evaluation of survivorship, appearance, and development of the habitat; in addition, any remedial actions that were taken will be thoroughly documented. Monitoring reports will be submitted to the City, the USFWS, and the CDFG. Monitoring and reports will include photo documentation at specified locations. In the reports, the Revegetation Specialist should state conclusions regarding the success or failure of each revegetation area, includ- ing specific evidence supporting the conclusions reached. REMEDIAL MEASURES The purpose of the remedial measures is to remedy unsuccessful restoration efforts, as indicated by non-native species or bare ground. Remedial measures, as identified in the monitoring report, include weed eradication, replacement of dead or diseased container plantings and/or reseeding in areas as necessary to meet the performance standards. Such actions will be taken immediately upon the identification of problems, and will occur as often as necessary to meet the performance standards. The removal of dead and/or diseased container plants will be left to the discretion of the I LMAS"date ,, Inc L I I I SECTION 2 - EXOTIC WEED ERADICATION PLAN This Exotic Weed Eradication Plan (EWEP) provides direction for a three year weed removal program and subsequent native revegetation effort, on the City owned land in the mouth of Big Canyon (between Jamboree Road and Back Bay Drive), as partial fulfillment of the IHLMP. Upon completion of this pro- gram, or sooner if agreed to by both agencies, a Conservation Easement over the City owned portion of Big Canyon will be granted to the CDFG. In addition, the City has agreed to provide support for the long-term main- tenance of the area, as described in Exhibit A. ' The removal of exotic, invasive weeds is an important element of restoration efforts because they compete with native plants for water, nutrients and light. If left untreated, these weeds will continue dispersing and eventually de- crease the habitat value of the adjacent native vegetation. Subsequent to ' weed removal, it is equally important to revegetate any bare ground with native species, to prevent additional weeds from reestablishing in the area. OBJEC22VE SCHEDULE This EWEP calls for the the City owned portio following: eradication of all exotic, invasive weed species from i of Big Canyon, including but not limited to the • Pampas grass (CortadeHa spp.) • Myoporum (Myoporum spp.) • Pepper trees (Schlnus spp.) • Tree tobacco (Nicotiana glauca) • Ice plant (Mesembryanthemum spp.) • Castor bean (Ricinus communis) • Cardoon (Cynara cardunculus) • Giant reed (Arundo donax) • Tamarisk (Tamarsx spp.). The plan also provides direction for the revegetation (with native species) of those areas from which weeds are removed. Eradication efforts during the first year of the program will begin in spring of 1996, and focus on the removal and/or treatment of all individuals included In the above list, prior to their developing seed. The efforts during the second and third years, through spring of 1999, will focus on removal and/or treatment of any individuals missed the first year, and treatment of any resprouts or seedlings. 12/01/95(1;%CNB501%1H11MP.PLN) 2-1 F I� J I METHODS OF REMOVAL All vegetative debris resulting from weed removal activities will be legally disposed of off site. ' Mechanical Removal ' Those large individuals accessible with a back hoe (without damaging native vegetation) will be dug out by the roots, removing enough of the root system to prevent resprouting. ' Herbicide Treatment 11 P r-. Only Rodeo by Monsanto, a gylphosate based, systemic herbicide, will be used during this project. Rodeo must be applied at a minimum of a two percent solution for foliar spray application, and a 100 percent solution must be used for stump treatment. No pre -emergent herbicides may be used. Spraying may only be conducted when weather conditions are conducive to effective uptake of the herbicide by the targeted species (e.g, sunny, dry, and when plants are actively growing), and when wind conditions are such that herbicide drift is non-existent (five mph or less). During herbicide applica- tion, protection for non -target species (e.g., native vegetation) is required. Stump Application Large woody individuals that cannot be reached with a back hoe will be cut horizontal, flush with the ground, and the freshly cut stump treated with herbicide. In addition, small to medium sized woody plants will also be cut and the stumps treated. Poliar Application Small, woody individuals and all herbaceous plants will be treated with a foliar application of herbicide. Manual Removal All plants that are not accessible with a back hoe and cannot be effectively eradicated with herbicide will be removed manually. 12/01M(1.%CNB501%U1LW.PLN) 2-2 I L&lAmdates, I= METHODS OF REVEGETATION Handseeding (as described below) will be used to revegetate those areas where large amounts of weed material are removed, leaving bare ground. All seed will be custom collected from coastal Orange County, and collecting, seeding and planting techniques will be referenced from those listed in Section 1 - Habitat Restoration Plan (BRP). The purpose of this seeding is to reduce the opportunities for reestablish- ment by weeds. Therefore, there are no specific performance standards or monitoring requirements for the establishment of this vegetation. Plant Palettes Wetland Areas The following seed mix shall be used to revegetate the more mesic areas that are left unvegetated after weed removal: Scientific Name Common Name Artemisia douglasiana Mugwort Bromus carinatus California brome grass Artemista dracunculus Tarragon Urtica dioica ssp. holosericea Leymus condensatus Lasthenla callfornica Plantago ovata Hoary nettle Giant wild -rye Coastal goldfields Wooly plantain Pounds of Seed Per Acre 3.0 4.0 2.0 1.0 2.0 2.0 5.0 Total 19.0 The total amount of seed required for the wetland areas is 19.0 pounds per acre. The purity and germination of all seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. Upland areas The upland areas left unvegetated after weed removal will be seeded with coastal sage scrub species, as follows: 12/01/95(I:%CNB501%1 iLMP.PLN) 2-3 LSAAimdaleJ, I= Scientific Name Common Name Pounds of Seed Per Acre Artemisia calfornica California sage- 5.6 brush' Briogonum California buckwheat' 9.0 fasciculatum Baccharis pilularis Coyote bush 2.5 Leymus condensatus Giant wild -rye 2.0 Nassella pulchra Purple needlegrass 1.5 Gnaphalium California everlasting 0.5 calfornicum Lasthenia californica Coastal goldfields 2.0 Plantago ovata Wooly plantain 5.0 Total 28.1 The total amount of seed required for the upland areas is 28.1 pounds per acre. The purity and germination of all seed shall meet the "S&S Guidelines for Seed Specifications," revised 1992. ' In the event seeding is required within designated fuel modification zones, these species will not be included in the seed mix. Iz/O1N5(1:%CNB501%HIUdP.PLT) 2-4 LSA Ac date4 Inc. ' 3 Big Canyon Mitigation Area 1 1 II 1 H r— L II ■ J II i2/0ug5(1:.CNB501%nHA2. EXHIBIT A I I I J CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3131 November 2, 1995 Linda Dawes *REVISED* U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Re: Fletcher Jones' Project . Special Rule 4(d) Dear Ms. Dawes: This letter will confirm our agreement regarding the City's commitment to insure the long term viability of the 4.56 acres of City -owned property in the mouth of Big Canyon that will be converted to coastal sage scrub habitat, as well as other habitat, in the mouth of Big Canyon and other areas of the Upper Newport Bay .Ecological Reserve. The City of Newport Beach will commit to contribute $1,000 per year in perpetuity to a volunteer organization committed' to 'improvement of the maintenance and restoration of upland habitat in and around the Upper Newport Bay Ecological Reserve. This annual contribution shall be adjusted annually to reflect any increase in the consumer price index. In addition to this monetary contribution, the City will provide equipment, equipment operators and laborers to provide direct assistance to this volunteer organization during the course of its restoration and maintenance activities. These commitments are in addition to the other assurances contained in the October 23, 1995, letter from Patricia Temple, the Planning Manager of the City of Newport Beach. ' RB:wb 11 cc: Don Webb Patricia Temple Emmet Berkery wb\dawes.1tr Very trVly yours, ty Attorney 1 3300 Newport Boulevard, Newport Beach Tr ♦ � 4'y. t :a �•,"�r,k,:.. Ar- .._..ram:= � tr t k fk 04 It h (. 11 /30/95(CNB501) _ N Scale in Feet mmmmmm�=` LSAO 40 80 LEGEND mCoastal Sage Scrub Restoration Area (2.9 ac.) V,','///i Coastal Sage Scrub Enhancement Area (0.9 ac.) Coastal Sage Scrub Fuel Modification Cells (Consists of Fncl Modification Plantings at S'-Ill' Spacing) ® Mulefat Vegetation (02 ac.) ® Fuel Modification Zone (0.7 ac.) 6' Chain Link Fence © Property Line Y' ■1 .•'0� �" � 4 4 ce k # x Y t �s 4 yC /r/i//iiii/!'/' �iiGG�///iiii/✓i�///?Xf )irk.. - �r ax .. / /Ilo /%l)/./��j%///j%%%%✓%%%r/✓%%�//�%/%%//>j�j/dam `1 t"6 " .�w^,. 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BOX 1768, NEWPORT BEACH, CA 92658,8915 July 23, 1996 Transportation Corridor Agencies 201 E. Sandpointe Avenue Suite 200 P.O. Box 28870 Santa Ana, CA 92799-8870 RE: Fletcher Jones Motorcars, San Joaquin Hills Transportation Corridor Fee 3300 Jamboree Road Newport Beach, CA Attention: Kathy Besnard Dear Ms. Besnard: �PLANNING DEPARTMENT CITY OF NEWPORT BEACH AN JUL 5 _ 1996 819114112i112131415 6 Pursuant to our conversation, this letter is to obtain confirmation for the calculation of fees for the above referenced project. The new auto dealership building will include a gross square footage of 158,551. As discussed with you, there is a parking structure with a total of 17,196 square feet that is to be used for auto parking only. As parking structures are exempt, this amount of square footage is to be deducted from the total square footage in calculating the San Joaquin Hills Transporation Corridor Fee. Please confirm that this is correct and reply in writing so that we may be able to adjust our records accordingly. Sincerely, � Genia Garcia Associate Planner cc: Emmett Berkery, Public Works 'Bill Pettit, Harris -Pettit Architects 7/a91g �, < .. r is li'♦ � 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 July 23, 1996 Transportation Corridor Agencies 201 E. Sandpointe Avenue Suite 200 P.O. Box 28870 Santa Ana, CA 92799-8870 RE: Fletcher Jones Motorcars, San Joaquin Hills Transportation Corridor Fee 3300 Jamboree Road Newport Beach, CA Attention: Kathy Besnard Dear Ms. Besnard: Pursuant to our conversation, this letter is to obtain confirmation for the calculation of fees for the above referenced project. The new auto dealership building will include a gross square footage of 158,551. As discussed with you, there is a parking structure with a total of 17,196 square feet that is to be used for auto parking only. As parking structures are exempt, this amount of square footage is to be deducted from the total square footage in calculating the San Joaquin Hills Transporation Corridor Fee. Please confirm that this is correct and reply in writing so that we may be able to adjust our records accordingly. Sincerely, �/— Genia Garcia Associate Planner cc: Emmett Berkery, Public Works Bill Pettit, Harris -Pettit Architects 3300 Newport Boulevard, Newport Beach July 19, 1996 MEMO TO FILE SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR FEE FOR FLETCHER JONES MOTORCARS ADDRESS: 3300 JAMBOREE PLAN CHECK #178-96 The total square footage for the Fletcher Jones Motorcars project is 158,551 gross square feet. This figure includes the parking areas on all levels, but not the top level, as it is not enclosed. The Fair Share Fee (per Traffic Engineer) is: $189,796.50 The San Joaquin Hills Transportation Corridor Fee is as follows: 158,551 total gross square feet minus 11,178 square feet on the 2nd floor middle that is used to park cars only minus 6,,018 square feet on the 2nd floor South that is used to park cars only 141,355 square feet is the amount used to calculate the Corridor fee. (See letter to the Corridor Agency). To calculate the fee: 14 1,3 55 square feet times $3.11 per square foot = $439,614.05 Genia Garcia Associate Planner ,t Attachment No. 2 `I C Q-iq VIISSIONERS ti '0 c Mot! Aye: AbSE CITY OF NEWPORT BEACH MINUTES A„o„er lA 1995 r P \ ROLL INDEX CALL Gifford addressed Ms Clauson on the intent of allowing an auto dea ship to have an auto repair facility at hand. She didn't want a nice to g facility dealership and on a different location an unattractive body sh . Ridgeway stated that we are already in a Use Permit ode. An automobile repair required a Use Permit previously and still do , but now it must be tied to an automobile sales and that is causing a pro m. Delino suggested possible language re ing back to the word "ancillary' and adding in an adjoining location. Ridgeway pointed out that ' this situation these parcels do not adjoin. Newport Import use to the Ferrari dealership down the way so the problem may exist they . Public Hearin s closed. Motion made to delay this item until the next Planning Commission on on Sept er 7th for further review, and analysis. * * otion was voted on. MOTION CARRIED. nt " SUBJECT: Fletcher Jones, Motor Cars Item No. 3300 Jamboree Road APPLICANT: Fletcher Jones, Jr. Use Permit No. 3565 (Public Hearing), P. 3565 General Plan Amendment No. 94-1(D), PA 95—: Resolution No. 1400 esolut: Local Coastal Program, Amendment No.39 (Public No. 14c Hearing), Resolution Number 1401 CP No. esolut: Amendment No. 823 (Public Hearing), No. 141 Resolution No. 1402 No. 8 esolut -4- No. 14 L (I LOI )o 3! 101 )i 23 io 02 'COMMISSIONERS MINUTES 0 \cF9�a CITY OF NEWPORT BEACH Anmict 7d 1991 ROLL CALL r INDEX Traffic Study No.108 TS No. Development Agreement No. 6 amendment to DA No. 6 (CIOSA), Resolution No. 1403 Resolut i on i on 04 155 COMMISSIONERS �\`rF M��0 �'oko�os 4Ll:.9n. � CITY OF NEWPORT BEACH MINUTES A11MIQt 44 1995 ROLL CALL INDEX applicant was provided a copy of the handout at the request of Chairman Ridgeway. Staff discussed in depth the Development Agreement No. 6 (CIOSA) and the EIR. The TCA parcel will be transferred to the City following discussion by the City Council in the near future. Public Hearing was opened. Fletcher Jones, Jr., 37 Linda Isle - stated that he agrees to all the conditions set forth in the Planning Report. He was questioned by Ridgeway about the construction process for approval and commencement. If approval process is completed in October and November they hope to start grading in January and complete in early December, 1996. Grading plans and construction documents have begun. Emmett Berkery, 3345 Newport Boulevard - stated that since last been consultant to the City on the Fletcher November he has a contract Jones project among others. He explained that the Transportation Corridor Agency parcel is approximately a 2 1/2 acre parcel westerly of the proposed development. The TCA acquired this parcel from the Irvine Company to accommodate future construction of the JR 5 ramp which would take north bound Jamboree Road traffic onto north and west bound Route 73. That ramp is not part of the current corridor construction, it is identified for a future project. The City is acquiring leasing to Fletcher Jones to accommodate the this parcel from TCA and construction of the JR 5 ramp which would be built as a fly over or bridge ramp and the dealership would use the space underneath. If the JR 5 ramp was determined not to be built then the City would probably deed that parcel to Fletcher Jones. On August loth, the Corridor Agency Board of Directors approved two MOU's that would allow for the transfer of title from the Agency to the City with the Agency reserving the right to construct the ramp at a future date. These MOU's will be considered at City Council August 28th. Both of these MOU's are acceptable to Fletcher Jones Motorcars with height and clearance -6- I�� ., COMMISSIONERS ORR CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX concerns having been addressed. Southern California Edison and Fletcher Jones Motorcars have addressed issue of removal of electrical poles and overhead wires, to be removed prior to building. Within a month or so, alignments and agreements will be prepared by Edison with a three or four month time frame to relocate poles. Jim Harris, architect of record, of 2120 Main Street, Huntington Beach - clarified an item that referred to height of fence being 6 feet that is actually 8 feet. This 8 foot fence is a security fence on the back side perimeter of the lot that will be screened with vine. A request has been made to change one of the wall structures adjacent to the 8 foot fence, that is still in the planning stage. On page 24, Item 26, all buildings shall be fully sprinklered per NFPA 13. There is one little building that is a wash rack and after having met with Building Department and Fire Departments, that is not a sprinklered building. Item 34, Use Permit for a restaurant only if it is opened to the Public for use. No Use Permit for a restaurant used for internal use only. He requested clarification on the handout of LSA Associates, Inc. pertaining to 4.7.31, regarding use of soft light intensity fixtures which was explained can be sodium fixture or any fixture that meets that standard of review. Gifford clarified with Harris the issue of 6 foot hedge screening and 8 foot high black vinyl coated chain link fencing covered with flowering vines. Also additional verbiage in Item No. 26 shall read ....unless otherwise determined by the Fire Department and Building Department. Dolores Otting, Newport Beach - asked staff for information on project costs for the City of Newport Beach. Also, the TCA land swap is due to salt water mitigation that will occur and eventually the City will be in charge of it later. Staff responded that one of the terms of transfer from the TCA to the City of the JR 5 ramp parcel is'that the City will take on the maintenance requirements for the mitigation the TCA is creating on the southerly side of Bayview Way. A cost analysis sheet was passed to Ms Auding and referenced. -7- COMMISSIONERS r\`rF 9a"o �o Mot. Abe Aye CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX Ms Clauson stated that the general overview of the cost is information from the MOU in preparation for this project. The actual cost evaluation and benefits have been negotiated through the City Manager and they are in the purview of the City Council. The action tonight for the Planning Commission is to focus on use of property as opposed to previous uses and evaluation of the environmental documents. The cost sheet handed out is a matter of public documentation and a copy was given to Ms. Auding. She was directed to ask any further questions of Council regarding this matter. Public Hearing was closed. Lon * Motion was made to recommend approval to City Council of Certification of EIR No. 155; General Plan Amendment No. 95-1(D), Resolution No. 1400; Local Coastal Program Amendment No. 39, Resolution No. 1401; Amendment No. 823, Resolution No. 1402; Traffic Study No. 108; Use Permit No. 3565 subject to discussed change and Condition 26; Development Agreement No. 6, Resolution No. 1403; Development Agreement No. 9, Resolution Number 1404 and to incorporate the Mitigation Measure 4.7.31 and 4.7.32. Motion was called for and an oral vote taken to recommend approval to City Council subject to the findings and conditions and Mitigation ent * Measures 4.7-31 and 4.7-32. MOTION CARRIED. S A. Environmental Impact Report No.155: Finding s: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. -8- COMMISSIONERS MINUTES CITY OF NEWPORT' BEACH 2 9h L�F 0\ Aumist 24 1995 ROLL CALL a INDEX 2. That the proposed Final EIR, which includes the .Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. Mtigation Measures: 1. Prior to issuance of a grading permit, the grading contractor shall identify a spoils site for deposition of exported material. Such spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on -site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. -9- i�D COMMISSIONERS �s� 9�\� 1,c:0• CITY OF NEWPORT BEACH MINUTES Anmid 94- 1995 ROLL CALL INDEX 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils and engineering geology reports or other reports if engineering required by the building official. 5. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The velocity of concentrated run-off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001-7019) and the Building Department's General Grading Specifications. -10- 1-7l COMMISSIONERS MINUTES 9o\�c�o. CITY OF NEWPORT BEACH Aueu, t 24. 1995 ROLL CALL INDEX 10. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on - site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill sur- charging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the, satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of'grading permits. -11- ��2 COMMISSIONERS T\F qoc\\ o. CITY OF NEWPORT BEACH MINUTES Avenst 24. 1995 ROLL CALL INDEX Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where -drainage devices exit to natural ground. 15. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with . vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial sub- stances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressibletcollapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading -12- 1�3 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Ancmet 24 1995 ROLL CALL INDEX plans to the satisfaction of the Building Department: Recommendations shallbe based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compress- ible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations 'shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 20. The project geotechnical consultant and/or civil engineer shall prepare written site -specific reviews 'of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to -13- COMMISSIONERSom Wso\ � CITY OF NEWPORT BEACH MINUTES n.... + od 100; ROLL CALL INDEX the satisfaction of the Building Department prior to issuance of a grading permit. 21. Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to the approval of the Building Department. 22. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 23. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department, 24. Any existing on -site, drainage facilities shall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. -14- I� COMMISSIONERS r\� lcoc\,�o sods F�F9o2� og s CITY OF NEWPORT BEACH MINUTES Autnist 24. 1995 ROLL CALL INDEX 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose, angular.stones) shall be used to stabilize any slopes with seepage problems to protect the topsoil in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of storm water away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans'prior to the issuance of grading permits. 'To reduce, or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and •its length shall be no less than 50 feet. The entrance plans shall be reviewed and -15- COMMISSIONERS MINUTES T m5o,\,90 ��\s EMI CITY OF NEWPORT BEACH Amnid 24. 1995 ROLL CALL INDEX approved by the Public Works and Building Departments con- current with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right-of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated' into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure wouldlead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the General Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water information. As required by the General Construction Permit, the project shall develop and implement a Storm Water Pollution Prevention Plan (SWPPP), including inspection of storm water.controls structures and ,pollution prevention measures. The SWPPP shall be -16- I�. COMMISSIONERS 10 S'( 9�A0 �c��. CITY OF NEWPORT BEACH MINUTES August 24. 1995 ROLL CALL INDEX implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Manage- ment Practices (BMPs) to reduce the extent of pollutants in storm water flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs are suggested for consideration at the project site: Grassed or landscaped swales Reduction in the amount of directly connected impervious area (DCIA) Inlet trash racks or bars Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 33. Non -Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non-structural BMPs, including the following: Periodic cleaning (i.e., street sweeping) Routinely cleaning on -site storm drain manholes and catch basins Source control surveys of all on -site industrial facilities -17- COMMISSIONERS MINUTES Mik"Ami(wF9\?�9nr\ CITY OF NEWPORT BEACH Anm,cf 9d 109i ROLL CALL INDEX Controlling wash down of non -storm water discharges from project development facilities Providing information to employees on disposal of waste oil, grease, and pesticide containers Carefully controlling pesticide and fertilizer usage Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation Efficient landscaping irrigation Common area litter control Housekeeping of loading docks. All non-structural BMPs shall meet the approval of the Public Works Department. 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent storm water quality control measure to be utilized for the project, shall identify the potential pollutant source on the. project, and shall describe how the project implements the objectives outlined in the DAMP. 35. Prior to issuance of a grading permit, the final plan of water, sew- er and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless -18- ,�l COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Allmlef 'id 1QQ5 ROLL CALL INDEX otherwise provided for through an agreement with the property owner or serving agency. 36. Prior to approval of building permits, the project should contrib- ute, on a fair share basis, towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of Public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. 39. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 40. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 41. Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Construction shall not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department.. -19- I�v COMMISSIONERS MINUTES T CITY OF NEWPORT BEACH August 24. 1995 ROLL CALL INDEX 42. Final project design will include measures to buffer the project from adjacent wetland areas, including the SJHTC mitigation site and the existing wetland adjacent to the southeast corner of the project. The final buffer design shall be approved by the California Department of Fish and Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the SJHTC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 43. Impacts resulting from "the use of non-native, invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the•issuance of building permits: Prohibited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: Tree -of -heaven (Ailanthus spp.) Giant reed (Arundo donax) Garland chrysanthemum (Chrysanthenmm coronarium) Pampas grass (Cortaderia spp.) Brooms (Cytisus spp.) Bermuda buttercup (Oxalis pes-caprae) Fountain/Kikuyu grass (Penniselum spp.) German ivy (Senecio mikanoides) -20- f�� COMMISSIONERS MINUTES ?'so �'F�Fq�ry?os CITY OF NEWPORT BEACH Anaii.0 24 1995 ROLL CALL INDEX Tamarisk (Tamarix spp.). Permitted Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non-native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot -fig (Carpobrotus edulis)l Bermuda grass (Cynodon dactylon? Myoporum (Myoporum laetum) Pepper trees (Schinus spp.) Cape Honeysuckle (Tecomaria capensis)1 Periwinkle (Vinca spp.). ' Should be prohibited in areas adjacent to natural open spaces. 2 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species (to prevent vegetative spread into natural areas). 44. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is.either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will -21- l�� COMMISSIONERS CNNOR-00, ROLL CALL CITY OF NEWPORT BEACH MINUTES CITY OF NEWPORT BEACH MINUTES COMMISSIONERS MINUTES T\gil�go 0 CITY OF NEWPORT BEACH Aumist 24 1995 ROLL CALL I I I ��l INDEX Monitoring Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or root sprouts. 48. City Council Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K-5. A. A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. -23- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Anmist 24_ 1995 ROLL CALL INDEX B. In the event that significant archaeological remains -are uncovered during excavation and/or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the project sponsor. C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 49. Any sites uncovered shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 51. A pre -grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. -24- COMMISSIONERS MINUTES T s A CITY OF NEWPORT BEACH August 24. 1995 ROLL CALL INDEX 52. A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54. Monitoring,shal1be on a full-time basis -during grading,in geologic units of high paleontologic sensitivity. 55. Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full-time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 57. A final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository; an additional copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along, the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on -ramp and from the bicycle trail that will parallel the on -ramp. 59. Prior to approval' of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. -25- i�b COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 24, 1995 ROLL CALL h INDEX b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project the system in compliance with "On -Site proponent shall construct Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. R General Plait Antendntent No. 95-1(D): Adopt Resolution No. 1400 recommending City Council approval of GPA 95-1(D). -26- 1$� COMMISSIONERS r �'sRcF CITY OF NEWPORT BEACH MINUTES August 24, 1995 ROLL CALL INDEX C Local Coastal Prowant An:endn:ent No. 39: Adopt Resolution No. 1401 recommending City Council approval o Local Coastal Program Amendment No. 39. A An:enrlment No. 823: Adopt Resolution No. 1402 recommending City Council approval o Amendment No. 823. E. Traffic Study No. 108: Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,"primary-modified,' or'primary street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those six intersections indicates that the resulting ICU is not made worse and is not considered a significant impact. Conditions: 1. That per the Traffic Phasing Ordinance (TPO) Analysis, no significant project impacts are identified. Currently scheduled and -27- � �c COMMISSIONERS MINUTES ?'oc�c��i`c90IR11m CITY OF NEWPORT BEACH Aumist 24. 1995 ROLL CALL INDEX fully -funded projects will be completed prior to or at project occupancy to off -set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree Road/Bristol Street North. That the project should contribute, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565, Approve ,the use permit, making the following findings and with the following conditions of approval. Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the Police Department has indicated that they do not contemplate any problems from the proposed operation. 6: That the proposed' use of roof top parking will not, under the circumstances of this particular case, be detrimental to the health, -28- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH a August 24, 1995 ROLL CALL INDEX safety, peace, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to ,property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the required on -site parking be provided consistent with the approved site plan. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.. 4. That the project shall comply with State Disabled Access requirements. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. -29- 1f0 COMMISSIONERS MINUTES OSF 90A\���d, �sdc c�liF,9oy�o9 CITY OF NEWPORT BEACH August 24, 1995 -ROLL CALL INDEX 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 7. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That the applicant shall prepare a landscape plan to be approved prior to the issuance of Building Permits. Said plan shall be approved by the Public Works Department, Planning Department, and the General Services Department. 9. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 10. That all vehicular access rights to Jamboree Road be released" and relinquished to the City ofNewport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building permits. 12. That the construction of the Bayview Way improvements be in accordance with the agreements between the City, of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right- of-way shall be completed under an encroachment permit issued by the Public Works Department. 13. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. -30- i�� COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 24, 1995 ROLL CALL � f INDEX 14. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 16. Disruption caused by construction work along roadways, and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 17. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the .developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall be pulled back so that it is entirely on private • property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110-L 21. That HC (handicap) parking be shown on the parking plan and that adequate customer and employee parking be provided to current City -31- COMMISSIONERS \Fc�oc\�� fo�j' F�Fq\1��9�t \ CITY OF NEWPORT BEACH MINUTES Aueust 24, 1995 ROLL CALL - INDEX standards. All handicap parking shall be designated with a sign and pavement marking. 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. 23. That all unloading and loading of vehicles shall be done on -site. 24. That site access shall be provided for emergency access per City FireJMarine and Public Works standards. 25. That on -site fire hydrants shall be provided as required in the Uniform Building Code and Fire/Marine standards. 26. That all buildings shall be fully sprinklered per NFPA 13 and Fire/Marine standards unless otherwise determined by the Fire Department and Building Department. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the FirelMarine Departments. 28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system, unless otherwise approved by the Building Department and the Public Works Department. 30. That the illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to -32- q COMMISSIONERS MINUTES �5op-0 9a\��°� oy99o��s� � CITY OF NEWPORT BEACH August 24, 1995 ROLL CALL INDEX eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with.a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the rooftop parking area shall be subject to the approval of the Planning Director. 31. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department. 32. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34. That a Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the facility. 35. That the project comply with the Uniform Building Code, disabled access, and energy regulations. 36. Health Department approval is required for the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptgrs shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shall park on -site. -33- I�J COMMISSIONERS MINUTES \i190\�q CITY OF NEWPORT BEACH August 24, 1995 ROLL CALL •r � INDEX 39. That the hours of operation shall be limited between 6:00 am. and 10:00 p.m. daily. 40. That all trash areas shall be screened from adjoining properties and streets. 41. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That 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. 45. That this Use Pernut shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. G Development Agreement No. 6 (CIOSA). Adopt Resolution No. 1403 recommending City Council approval of Revisions to Development Agreement No. 6. -34- 11' w� COMMISSIONERS MINUTES CITY OF NEWPORT BEACH August 24, 1995 ROLL CALL c� INDEX H. DerelonmentAnreementNo.9: Adopt Resolution No. 1404 recommending City Council approval of Development Agreement No. 9. Motion was called for and MOTION CARRIED. SUBJECT: Commercial District Policy Review and discussion of draft. Staff in 'ated this item stating that the goal has been to involve the Planning mmission more before Public Hearing stage by reviewing drafts of mate ' is and having the opportunity for informal discussion. In this case, the Ci Council initiated a General Plan Amendment and sent it to the Plannin Commission. The City Council minutes and original version are inclu d in the packet. It has been subsequently reviewed by both the nomic Development Committee and Environmental Quality Affairs ommittee and their comments are included. However, since that time there have been ouple of studies done, Linda Congleton Retail Study and a variety of rec t recommendations from the Economic Development Committee and a 1 oint Plan put forth by the City Council appointed Balboa Peninsula Planning Advisory Committee. On this basis staff revised the original o reflect these findings. \comercial The "City Council has given a high priority to upgraal districts which form the City's villages. To this endnhas guidelines to control the intensity, character and tI development. -35- ISTI INCORPOR 2120 MAIN STREET SUITE TWO -THIRTY HUNTINGTON BEACH CALIFORNIA 92648 714-536-0300 FAX-714-960-9394 Will i,/MAW. - T-o"bL 1 Iw .1& - SUDS. C, WAS FA Rom. I JUG q(::= IF0'mkiFlkjows msz SckVd (lam M <O S: 8%t CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 11, 1997 Ralph Cox Job Superintendent Fletcher Jones Motor Cars Construction Site 3300 Jamboree Road Newport Beach, CA 92660 Dear Mr. Cox: Please find enclosed the final items to be checked prior to Certificate of Occupancy. Please contact Jim Sinasek, Code Enforcement Supervisor, at 644-3215 to make an appointment. Sincerely, 1p Genia Garcia Associate Planner Enclosure nk 3300 Newport Boulevard, Newport Beach July 19, 1996 MEMO TO FILE SUBJECT: SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR FEE FOR FLETCHER JONES MOTORCARS ADDRESS: 3300 JAMBOREE PLAN CHECK #178-96 The total square footage for the Fletcher Jones Motorcars project is 158,551 gross square feet. This figure includes the parking areas on all levels, but not the top level, as it is not enclosed. The Fair Share Fee (per Traffic Engineer) is: $189,796.50 The San Joaquin Hills Transportation Corridor Fee is as follows: 158,551 total gross square feet minus 11,178 square feet on the 2nd floor middle that is used to park cars only minus 6,018 square feet on the 2nd floor South that is used to park cars only 141,355 square feet is the amount used to calculate the Corridor fee. (See letter to the Corridor Agency). To calculate the fee: 141,355 square feet times $3.11 per square foot = $439,614.05 Genia Garcia Associate Planner February 20, 1995 ZONING CORRECTIONS FLETCHER JONES 3300 Jamboree Road Plan Check # 178-96 Use Permit No. 3565 Mitigation Measures: #39 Rooftop and/or mechanical equipment. A Hold on Final occupancy pending verification of noise levels from acoustical engineer. Letter to be sent to the Planning Department (attention: Genia Garcia, Associate Planner). #40 Same as above #41 Letter of Compliance from owner of the business stating that this conditions will be complied with and construction schedule. #43 Should be incorporated into the landscape plan. Hold on Final #44 A lighting plan should be submitted, along with a copy of manufacturer's specifications regarding the light source. Also include a prototype of the parking lot lights and lights adjacent to the wetlands and the San Joaquin Hills Transportation Corridor areas. A Hold on Final occupancy pending a Field Check to check lighting system and a follow-up letter from the electrical engineer stating that the lights have be8n installed as per approved plan. #48 A letter from archeologist/paleontologist stating that their services have been retained and that site monitoring will occur during any grading activities with a follow-up letter that this has been satisfied. #48C Consult with City Attorney. Provide evidence of compliance. #49, 50, 51, 52, 53, 54, 55, 56, 57 Provide a copy of the report to the Planning Department. Use Permit No. 3565 Conditions of Anaroval: #3 Signs require separate reviews and separate permits. #7, 8 Landscape Plan approved by Public Works, Planning and General Services. Block 800 (Con Vd) #23, 28, 31, 32, 33, 34, 38, 39, Letter of Compliance #30 Lighting Plan - incorporate into plans and letter from electrical engineer. #40 Trash areas shall be screened. Indicate on Plans #41 Incorporate into Lighting Plan. Genia Garcia Associate Planner City of Newport Beach May 8, 1996 TO: EMMET BERKERY, P.E., Public Works Department FROM: GENIA GARCIA, ASSOCIATE PLANNER SUBJECT: FLETCBER JONES MITIGATION MONITORING PROGRAM I am reviewing the above project, PC #178-96, for Precise Grading and Architectural approvals for Zoning compliance. I shall also be compiling a report on several of the City's Development Agreement Mitigation Monitoring Programs,(this is one of them). I need to get an update from you, as to how the Fletcher Jones project has thus far complied. One of the Mitigation Measures, #45, requires a letter on the MMP. If you have this document or other documents that we should have for the Planning Department files, could you provide copies? Please review the attached list of responsibility, as I do not want to overlook anything. Comment and return to me at your earliest convenience. Thank you. May 14, 1996 TO: FAYSAL JURDI, BUILDING DEPARTMENT FROM: GENIA GARCIA, PLANNING DEPARTMENT SUBJECT: FLETCHER JONES MITIGATION MONITORING PROGRAM PLAN CHECK #124-96 AND 124G-96 In reviewing the above referenced project, I have outlined the Mitigation Program that was approved with the Development Agreement. In addition, I have outlined the Departments responsibilities for review. Please review this and make any comments or suggestions and return to me as soon as possible. If a Mitigation Measure has been completed, please note. Thank you. May 8, 1996 TO: EMMET BERKERY, P.E., Public Works Department FROM: GENIA GARCIA, ASSOCIATE PLANNER SUBJECT: FLETCE ER JONES MITIGATION MONITORING PROGRAM I am reviewing the above project, PC #178-96, for Precise Grading and Architectural approvals for Zoning compliance. I shall also be compiling a report on several of the City's Development Agreement Mitigation Monitoring Programs,(this is one -of them). I need to get an update from you, as to how the Fletcher Jones project has thus far complied. One of the Mitigation Measures, #45, requires a letter on the MMP. If you have this document or other documents that we should have for the Planning Department files, could you provide copies? Please review the attached list of responsibility, as I do not want to overlook anything. Comment and return to me at your earliest convenience. Thank you. Zoning Corrections - Grading May 3, 1996 Fletcher Jones 3300 Jamboree Road Plan Check 0178-96 Mitigation Measures 1. Building Dept., Planning Dept. Spoils site for deposition of exported material. Provide CEQA clearance. PRIOR TO THE ISSUANCE OF GRADING PERMITS 2. Building Dept. PRIOR TO THE ISSUANCE OF GRADING PERMITS AND OPERATIONS 3. Building Dept. PRIOR TO THE ISSUANCE OF GRADING PERMITS 4. Building, Planning. Grading Plans in Plan Check PRIOR TO THE ISSUANCE OF GRADING PERMITS 5. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 6. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 7. Building. PRIOR TO THE ISSUANCE OF GRADING PERMITS 8. Building PRIOR TO THE ISSUANCE OF GRADING PERMITS 9. Building PRIOR TO THE ISSUANCE OF GRADING PERMITS 10. Building WITHIN 30 DAYS AFTER GRADING OR AS APPROVED BY THE BUILDING DEPT. 11, Building PRIOR TO THE ISSUANCE OF GRADING PERMITS 12. Building 13. Building 14. Building 15. Building 16. Building 17. Building 18. Building 19. Building 20. Building 21. Building 22. Building, Planning Dept. Grading Permits 23. Building 24. Building, Public Works 25. Building, Public Works 26. Public Works, Planning. Grading Permits. 27. Public Works, Building 28. Public Works, Building 29. Public Works, Building 30. Building 31. Public Works 32. Public Works 33. Public Works 34. Public Works 35. Public Works Submit velocity report. - Prior to the issuance of Submit copies of the plans. Prior to the issuance of 36. Public Works 37. Building 38. Building 39. Planning, Building Mechanical equipment, HOLD ON FINAL, Letter from acoustical engineer with verification that mechanical equipment noise levels meet Chapter 10.26 of the Municipal Code. FIELD CHECK FOR SCREENING OF EQUIPMENT. 40. Planning, Building Provide letter from acoustical engineer, that states that this condition has been met. Acoustical report to be submitted prior to the issuance of Building Permits. HOLD ON FINAL. 41. Planning Dept. Letter of compliance, prior to issuance of permits 42. Planning, Public Works., Coastal Commission Buffer design. Submit plan, PRIOR TO ISSUANCE OF GRADING PERMITS 43. General Services, Public Works, Planning. Landscape Plan, PRIOR TO THE ISSUANCE OF BUILDING PERMITS. Please submit plans to Planning Department to be routed to other department. /�6 44. Building, Planning Dept. Prior to the issuance of building permits, submit a lighting plan which includes a day and night lighting plan and manufacturers specifications for light source. HOLD ON FINAL, pending a letter from'electrical engineer that states that the lights have been installed and meet this requirement. FIELD CHECK. 46. Planning, Public Works. Public Works should have on file. PRIOR TO THE ISSUANCE OF GRADING PERMITS Public Works, Planning 47. Planning, Public Works Public Works should have one file. Provide a copy of proposed program 48. Planning Provide a letter from archeologist/paleontologist stating that their services have been retained and that site monitoring will occur during any grading activities with a follow-up letter that this condition has been satisfied. PRIOR TO ISSUANCE OF GRADING PERMIT. NOTE: Consult with City Attorney, provide letter. r 49 thro 57 Planning Provide a copy of the report to the Planning Department. 58. Planning Provide landscape plan that shows compliance with this condition. 59. Building, Public Works Department 60. Building Department, Public Works 61. Building Department, Publid Works ` Use Permit No. 3565 Conditions of Approval 1. Plans review 2. Plans review 3. • Separate Permit 4. Building Department 5. Public Works Department 6. Traffic Engineer 7. Public Works, Traffic Planning, Public Works, Building, General Services. Prepare a separate landscape plan to Planning to be routed (4) sets. 9. Public Works 10. Traffic, Public Works 11. Bldg. Dept. 12. Public Works 13. Blvd., Public Works 14. Public Works 15. Public Works 16. Traffic, Public Works 17. Fire Department 18. Public Works 19. Public Works 20. Traffic Dept. 21. Bldg., Traffic 22. Public Works, Traffic 23. Planning Letter of Compliance 24. Fire/Marine, Public Works 25. Fire/Marine 26. Fire/Marine 27. Fire/Marine 28 Planning, Letter of compliance 29. Bldg., Public Works 30 Planning, Letter from Electrical Engineer, PRIOR TO THE ISSUANCE OF LDG. PERMITS 31 Planning, Letter of compliance Planning, Letter of compliance 9 33. Planning, letter of compliance 34 Planning, Letter of compliance 35. Bldg., Traffic 36. Bldg. 37. Bldg., Utilities 140. Planning, Letter of Compliance Planning, Letter of Compliance Planning, Letter of Compliance Planning, HOLD ON FINAL, FIELD CHECK 42. Bldg., Public Works 03. Planning 44. N/A 45. N/A Genia Garcia Associate Planner FEATURES • Wide and Even Frequency Response • Weather -Resistant Woofer, Tweeter, and Enclosure • Built-in Transformer for 70.7-Volt Systems • Switch for 8-Ohm Line or Power Tap Selection • Mounting Bracket for Improved Positioning • Choice of Black or White Finish GENERAL DESCRIPTION The Atlas/Soundolier W Series Mini Loudspeakers are compact and versatile weather -resistant units. They provide high4idellty music reproduction in both indoor and outdoor applications. All models are offered in black (-BK) or white (-WH) finish. INSTALLATION For outdoor use, a few general guidelines will greatly extend the performance life and appearance of these quality loudspeakers. When possible, mount the loudspeaker under eaves, balconies, and other protected areas to reduce exposure to the elements. In addition, the unit should be installed with the face either vertical or at a downward angle. This will prevent water from standing on the cones which places excessive weight on the loudspeaker suspension causing distortion and heat build-up in the voice coil. Similarly, do not place the unit on the ground or in locations where water stands or snow and ice can accumulate. Use of the mounting bracket is recommended. This will facilitate in directing sound to the desired area. It also places the woofer in close proximity to the mounting surface which will augment bass response. For installation convenience, the bracket may be used as a tem- plate for marking mounting hole position. After the bracket is secure, the loudspeaker should be mounted using the supplied knobs. This is accomplished by removing the stickers on each end of the enclosure to expose the built-in mounting threads. The knob shaft may then be screwed through the bracket into the enclosure. Knobs should not be overtightened. In stereo applications where loudspeakers are mounted on their sides and are in close proximity to each other, it is recommended that the units be mounted with the tweeters to the outside for stereo separation enhancement. W Series are equipped for use In both 8-ohm or 70.7-volt systems. For 8-ohm applications, the selector switch (located on the enclosure back) should be placed in -the 8-ohm position. For 70.7-volt systems, the selector switch must be set to one of the available wattage tap choices. It is very important that the 8-ohm position is not used in 70-volt installations as this can cause damage to the loudspeaker, ampli- fier, or both. CAUTIONS - Do not apply more than the specified power to the unit. - Never submerge the unit as this may result in electrical shock and damage to the loudspeaker. W Series are not intended for underwater application. - Do not remove the front grille or open the enclosure as this may rupture the weatherproof seal and degrade the bass response. SPECIFICATIONS MODEL W115T(-BK)(-WH) W130T(-BK)(-WH) W150T(-BK)(-WH) POWER HANDLING 15 Watts 30 Watts 50 Watts IMPEDANCE, NOMINAL 8 Ohms 8 Ohms 8 Ohms FREQUENCY RESPONSE 140Hz-20kHz (± 5dB) 120Hz-20kHz (±3dB) 75Hz-20kHz (±5dB) SENSITIVITY 1w,1m 88 dB 84 d6 86 dB WOOFER SIZE 4" (102mm) 4" (102mm) 5.25" (133mm) CONE Treated Polycarbon Pol carbon SURROUND Rubber Butyl Rubber Butyl Rubber TWEETER SIZE 1"(25mm) 1" 25mm 1" 25mm MATERIAL Treated Cone SoftDome Soft Dome SELECTOR SWITCH 70 VOLT TAPS 1, 2, 4, 8, & 15 Watts 2, 4, 8, & 16 Watts 2.5, 5, 10, & 20 Watts VC DIRECT 8 Ohms 8 Ohms 8 Ohms FBA Frederick Brown Associates Consulting Electrical Engineers 14ac Irvine Avenue Suite soo Newport Beach, California g:66o-349 741119995 FAX' 714 gfa s6i7 /� June 10, 1996 Mr. Bill Pettett Harris Pettett & gent 2120 Main Street, #230 HuntingtonBeacb, CA 92648 Reference: Fletcher Jones Motorcars FBA #224001 Dear Bill: It-f*»3V e/ 7g-9,6 Fndtndi L L, m Ndrin G Hurkr Ladle K McCdn�at, K PAkn W Asee, u mnd A. Pttaxk fed L erendn La R FJehmbt" I— I. V"o r Stephm 0.1elkcl6 aG Our office provided electrical engineering services for the Fletcher Jones Motorcars project. Included in our work was the design of the automobile display area, and roof top parking area lighting The lighting fixtures specified for this project were cut-off type luminaries. The fixtures located along the south property lines were also specified with house -side shields to mia4mize direct light and glare onto the adjoining property. All site lighting will be controlled by an energy management system which can be programmed to turn "off' lighting at 10:00 p.m. every night. Sincerely, FQR,EDMUCK BROWN ASSOCIATES l.I.SCX Bill R. Zavrs Associate 25751p.brz IRVINE COMMUNITY DEVELOPMENT COMPANY Jim Harris ` August 1,1997 Harris Pettett & Kent 2120 Main Street, Suite 230 Huntington Beach, CA 92" {1 Subject: Fletcher Jones Motor Cars Jamboree/Bayview NewportBeach Sign program by Plasti•Line Columbia, Inc. and Carter•Miot, Inc. of Columbia, South Carolina received 7/30/97 Dear Mr. Harris: Thank you for sending us the sign program for Fletcher Jones Motorcars. We appreciate the sign program being submitted, but are very concerned that the signs have already been fabricated and are now being installed without an earlier opportunity for our review. As you know we have been requesting drawings for the exterior signs for more than year. Our comments are: Sign Types III, R7, 118, R9, R10, R12, R13, R14, R15, R17, and R18 Sign Types R1, R7, R8, R9, R10, R12, R13, R14, R15, R17, and R18 are approved as submitted, although Sign Type R1 would be much more consistent with the elegance of the architecture if it consisted of reverse channel, halo -illuminated, aluminum letters, rather than acrylic -faced letters with metal trim caps. Sign Types R2, R3, R4, M, R6, R11, and R16 For our approval of Sign Types R2, R3, R4, R5, R6, R11, and R16, modifications are needed to be make the signs more compatible with the architecture and more sensitive to the nearby residents: Sign Type R2 Sign Type R2 will need to be centered vertically on the wall, to match Sign Type R1. It should also consist of reverse channel, halo -illuminated aluminum letters, rather than acrylic -faced letters with metal trim caps. Also, confirm that only one Sign Type R2 is proposed, since the elevations shows one R2 sign but the site plan shows two or more R2 signs. Sign Types R3 and R4 Sign Types R3 and R4 will need to be reduce from 7 feet high to 6 feet high to provide adequate clear space around the sign, as we stated in our report of 5/24/96; and Sign Types R3 and R4 will need to be changed from square can signs to halo -illuminated symbols with the Travertine visible through the symbol. Can signs are not appropriate at this site due to the high quality of the architecture. Sign Types R11 and R16 Sign Types R11 and R16 will need to be drawn on the actual elevations of Building B to coordinate the signs with the windows. The signs may need to be moved to the main building or reduced in size from 4 feet to 2 feet to provide adequate clear space around the signs. Sign Types R11 and R16 will also need to be changed from square can signs to halo -illuminated symbols with the wall visible through the symbol. Can signs are not appropriate at this site due to the high quality of the architecture. Page One of Two P.O. Box 6370, Newport Beach, California 92658-6370 • (714) 720.2000 A subsidiary of The Irvine Company Fletcher Jones Motor Cars, Jamboree/Bayview, Newport Beach August 1,1997 Sign program received 7/30/97 Sign Types R5 Sign Types B6 Sign Types R5 will need to be reduce from Sign Types R6 will need to be reduce from 13 feet high to 12 feet high and changed 13 feet high to 6 feet high and changed from a pole sign to a monolith with a from a pole sign to a monolith with a Travertine base as shown below: Travertine base as shown below: Metal face with route" Travetine, color and joint pattern to match building Since Roger Seitz's memo of 10/12/94, we have consistently said that pole signs would not be permitted at this site to be sensitive to the nearby residents. Fletcher Jones monument sign proposed for the corner of Jamboree and Bristol The Fletcher Jones monument sign proposed for the corner of Jamboree and Bristol cannot be approved since there are already three other business identification signs proposed along Jamboree and since the water districts prohibit signs in their easements at the corner. The approvals and comments contained in this letter pertain to the project only. Nothing contained in the letter is intended to indicate our approval of matters beyond the scope of the letter, including, without limitation, further approvals which may be required. Further, nothing contained in the letter shall in any way waive, modify or terminate rights or interests which we may have reserved or retained. Please contact David Baab at (714) 729-9210, if you have any questions. Thank you for your assistance in this matter. Sin c ely, RobertN.Elh Senior Vice President Urban Planning & Design Attachment cc: Ted Jones, Fletcher Jones Motorcars Kevin Murphy, City of Newport Beach Carol Hoffman, The Irvine Company David Baab, Bash & Associates ZN S-SNXII,_=l -, geld .oyso ox ¢ 1V N011032i10 V-OWE®�n313 AI 13 4!x31 III I 1VN01103a10 D-ON ®'A 313 o)a aa�ua� .� UOISI��O`J JI tl / tlN LL I XV-OVq , - 6a y �ix3 e ro M M V- A v zV-tvlril )a to SlJEd�la14SE� 1 (sanr cvq o-a3 NOIS IIVM Xtl-O0 MW n313 ztl-ary (aloo UOISI 1. .s .o s xV-Ory sa a-.[ •O 5 XV-OW Ba NOIS IIVM V-O-OMW ®'ATI313 -•/`v-• ya C.-q 'a .S O-On to a)a a6uno� }sand (sanr ce) 313 aVls IIVM O-SMW ®'A313 y ) X3-dtlW 9a • —� (Va. u) .e xe-dV sa ,8 tl-SMW as (sanr seq o-..-./c .ro3 1(�;>ll 11 NOIS IIVM V-(]MW m 'A31 all IS t)a a V-smry ca t,.w c> I •fn -iW za )a IUOI}BJ}sUltupv I VOlil]3d5 N•JIS I •---./` a-.c� • III------v: ,.._.. v/c c- t NOIS IIVM V-O-OM)N ,® 'A313 IN I sled alesapLLAA (sanr o-.-v/c .n3 21V15 IIVM V-SMN m NOLL VA313 (•uro.ov) °s� J .�t�w3a ulon uoa IaQel s]allimlopan ) 01 a s.0 RNI sauor S 19y3iold I III = e �u NVId LOId .ox W ]NYW Ma1t4] 1MTWOn fltiuy� b `QYrAVa JI li RELOCATION OF CXISMNO MONUMENT EXISTINO IRMNC CO. 0'-7 1/4' I.7'-8 1/2--+I VON ELEVATION ® MWS—A WALL STAR (39 AMPS) FF-3'-9 1/a' Wholesale Parts R, (S A4ttJ ELEV. ® MWD—A WALL SIGN Stow 3/4'm1'_0' (1.55 AMPS) 4'—' 0"---1-1 fi e I! i 1 L Pre -Owned L/ Ay (22 mfl.) ELEVATION ® MAP-8 ALTERNATE PYLON cl Fv ®MAP —EX PYLON W/MODULE Sc Scale: 1/2'-"-0' (3.0 AMPS) Garcia, Genia From: Sinasek, Jim To: Wood, Sharon Cc: Garcia, Genia; Temple, Patty Subject: RE: Fletcher Jones lights Date: Wednesday, August 13, 1997 3:47PM Yesterday I met James R. Harris, Principal of Harris Architects for Fletcher Jones. He is going to produce and install about a dozen shrouds to conceal the light source for each of 12 lights in a group. After the installation he was going to contact me for another evening inspection to see if concealing the light source will be effective enough in reducing the glare and light spillage to the west and south. Reducing the roof deck lighting, I agree, will reduce the problem but each of the lights should be fitted with at least a partial shroud to conceal the light source to the west and south. The existing condition requires that the lights be controlled with a timer that shuts off the lighting at 10:00 p.m. every night. From: Wood, Sharon To: Garcia, Genia; Sinasek, Jim Subject: Fletcher Jones lights Date: Wednesday, August 13, 1997 3:32PM David Baab reviewed the lighting for the Irvine Company, and offered the following observations, which sound reasonable to me. The roof deck probably needs less light than the ground lots used for car display. Fixtures are visible from Jamboree. Lights should be turned off/significantly reduced at some time shortly after close of business each day. Page 1 Garcia, Genia From: Wood, Sharon To: Garcia, Genia; Sinasek, Jim Subject: Fletcher Jones lights Date: Wednesday, August 13, 1997 3:32PM David Baab reviewed the lighting for the Irvine Company, and offered the following observations, which sound reasonable to me. The roof deck probably needs less light than the ground lots used for car display. Fixtures are visible from Jamboree. Lights should be turned off/significantly reduced at some time shortly after close of business each day. LM Garcia, Genia From: Sinasek, Jim To: Garcia, Genia Cc: Temple, Patty Subject: FW: Fletcher Jones Date: Thursday, August 07, 1997 2:45PM Updatel From: Sinasek, Jim To: Wood, Sharon Cc: Temple, Patty Subject: RE: Fletcher Jones Date: Thursday, August 07, 1997 2:27PM You are right. We sent Fletcher Jones a letter, dated April 28, 1997, regarding our concerns about light glare and spillage. We also explained our concerns to Ralph, one of the project superintendents. Yes they ignored the letter as far as I know. Up until now I was unaware the lights were on. Do you want me to check out the lighting this weekend?? Jim From: Wood, Sharon To: Sinasek, Jim Cc: Temple, Patty Subject: Fletcher Jones Date: Thursday, August 07, 1997 9:47AM I've had a complaint from Ed Stapleton (Vista Ornada, 760-0494) re: lights at Fletcher Jones. He says they are not only too bright, but also are reflecting off the water. I know you had some concerns a few months ago, and gave them early warning. Did they igonore it? Is this a new problem? Please let me know what you find before we figure out what to tell Fletcher Jones. Thanks. Page 1 6 Emmet Berkery, P.E. 3345 Newport Boulevard Suite 215 Newport Beach, CA 92663 Telephone: (714) 673-6446 Facsimile: (714) 673-6899 MEMORANDUM DATE: February 12, 1996 TO: Building/Planning Department Public Works Department/Subdivisions (il,��) FROM: Emmet Berkery, Project Consultant SUBJECT: FIetcher Jones Motorcars Review I would like to take this opportunity to respond to some of the comments in Dick's memo (copy attached) and offer some additional information. I will list the conditions and my responses in their same order. General Comments: 1. Correct. The on -site drainage plan (pipes, catch basins, etc.) was not included in the submittal plan. I have been informed by the project civil engineer, K.W. Lawler and Associates, that the on -site drainage and utility plan should be ready for submittal the week, of February 19. 1 2. No response required. EIR Mitigation Measures: 1. Conditions 22 and 24 will be satisfied by the on -site drainage design and the on -site hydrology and hydraulics report which will also be submitted the week of February 19. 2. A haul route permit has already been issued by the City to Roadway Construction Co. for the export grading operation currently in progress. Should additional export be required during building construction, additional haul route permits will be applied for as necessary. 3. As discussed, these plans will be submitted for initial review the week of February 19. YA Memo February 12, 1996 Page Two 4. Under the terms of the agreement between Fletcher Jones Motorcars and the City of Newport Beach, fair share fees for the project are due and payable by FJM. 5. Waste water disposal will be handled by a connection to IRWD. This will require an on - site (private) lift station and a force main (also private) within Bayview Way. This system is being designed by ASL Consultants, under contract to FJM. CUP No. 3565 Conditions: 1. Correct. Paved access is required to all public utility facilities (vaults, manholes, etc.) and will be provided. 2. Since there may not be a final parcel map done, relinquishment of access rights to Jamboree may have to be accomplished by a separate instrument. 3. See response to EIR Mitigation Measures. cc: Ti, February 9, 1996 To: Building/Planning Department From: Subdivisions SUBJECT: FletcherJones Motor Cars Plan Review Subdivision Comments are as follows: General Comments: 1. How is the on -site drainage handled? There is np drainage plan included with the improvement plans.>zw\ u'�K 2. An Encroachment Permit will be required for all work within the public right-of-way. Comments on the Environmental Impact Report Mitigation Measures: l . How is drainage condition #22, and #24 being satisfied? 2. A Haul Route Permit, Condition #25, must be processed prior to any hauling. 3. Has the water, sewer and storm drain final plans been approved by the Public Works Department as required in Condition # 35? 4. A Fair Share Fee should be paid prior to issuance of any building permits according to condition #36 5. Has the method of waste water disposal been determined? According to condition #60 and #61 this is to be determined prior to issuance of any grading permits. Comments on Use Permit No. 3565 Conditions: 1 . Condition #9 requires paved access rods to all public utilities, vaults, manholes and junction structures. I can not tell whether this has been complied with as the public utilities are not shown on the plans. 2. When will the access rights to Jamboree Road be relinquished as required in condition #10. 3. How is the utility condition #14 being satisfied? letters.mis\up3 S6S.tra February 13, 1996 To: Building/Planning Department From: Subdivisions and Traffic Engineering SUBJECT: Fletcherjones Motor Cars Grading and Building Plan Review Comments are as follows: General Comments: 1. The on -site drainage must be picked up on -site using a private storm drain system and conveyed off -site, preferably to an off -site storm drain system. 2. An Encroachment Permit will be required for all work within the public right-of-way. Comments relating to the Environmental Impact Report Mitigation Measures: How is drainage conditions #22, and #24 being satisfied? 2. A Haul Route Permit, Condition #25, must be processed prior to any hauling. 3. Has the water, sewer and storm drain final plans been approved by the Public Works Department as required in Condition #35? 4. A Fair Share Fee should be paid prior to issuance of any building permits according to condition #36. 5. Has the method of waste water disposal been determined? According to condition #60 and #61 this is to be determined prior to issuance of any grading permits. Comments relating to Use Permit No 3565 Conditions• 1. Condition #9 requires paved access roads to all public utilities, vaults, manholes and junction structures. I can not tell whether this has been complied with as the public utilities are not shown on the plans. 2. When will the access rights to Jamboree Road be relinquished as required in condition *10? 3. How is the utility condition #14 being satisfied? 4. Please include a parking plan identifying the number of spaces in each aisle, including handicapped parking, be included in the plans. letters. m i s\u p3 565.tra letters.Mls\up3 565.tra 41 0 0 I- F February 20, 1995 FLETCHERJONES 3300 Jamboree Road Plan Check # 178-96 Use Permit No. 3565 ZONING CORRECTIONS t. , r� Mitigation Measures: -T V R E C E I V E n FED 271996 K W LAW ILA. � #39 Rooftop an or, mechanical equipment. A Hold on Final occupancy pending verification of noise levels from acoustical engineer. Letter to be sent to the Planning Department (attention: Genia Garcia, Associate Planner). #40 Same as above #41 Letter of Compliance from owner of the business stating that this conditions will be complied with and construction schedule. #43 Should be incorporated into the landscape plan. Hold on Final #44 A lighting plan should be submitted, along with a copy of manufacturer's specifications regarding the light source. Also include a prototype of the parking lot lights and lights adjacent to the wetlands and the San Joaquin Hills Transportation Corridor areas. A Hold on Final occupancy pending a Field Check to check lighting system and a follow-up letter from the electrical engineer stating that the lights have been installed as per approved plan. #48 A letter from archeologist/paleontologist stating that their services have been retained and that site monitoring will occur during any grading activities with a follow-up letter that this has been satisfied. #48C Consult with City Attorney. Provide evidence of compliance. #499 50, 51, 52, 539 54, 55, 56, 57 Provide a copy of the report to the, Planning Department. Use Permit No. 3565 Conditions of Annroval: #3 Signs require separate reviews and separate permits. #7, 8 Landscape Plan approved by Public Works, Planning and General Services. Block 800 (Con t'd) #239 28, 319 32, 339 34, 38, 39, Letter of Compliance #30 Lighting Plan - incorporate into plans and letter from electrical engineer. #40 Trash areas shall be screened. Indicate on Plans #41 Incorporate into Lighting Plan. Genia Garcia Associate Planner City of Newport Beach SAN DIEGO CREEK NORTH AND JAMBOREE/XACARTHUR PLANNED COMMUNITY DISTRICT REGULATIONS Prepared for: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Prepared by: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92658-8904 Adopted August 24, 1992 Ordinance No. 92-39 Amendment No. 768 Amendment No. 823 Resolution No. 95-105 Adopted September 11, 1995 u TABLE OF CONTENTS Page No. Introduction 1 Section I General Notes 4 Section II Permitted Uses 5 List of Figures Figure I General Site Location 2 Figure II Land Use Plan 3 Figure III Statistical Analysis 7 INTRODUCTION PURPOSE AND INTENT The San Diego Creek North and Jamboree/MacArthur Planned Community (P-C) Districts Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The intent of these District Regulations is to provide for the retention of the sites as open space and public facilities areas with selected permitted uses; and the establishment of an area for an automobile dealership facility with sales and repair; support retail and food uses. 1 0 tj G LAND USE PLAN SAN DIEGO CREEK N./JAMBOREE PLANNED COMMUNITY DISTRICT ALE - MAC ARTHUR NOT TO SC uo/.� e 0 O 4pI SAN DIEGO CREEK CHANNEL ® RETAIL+SERVICE COMMERCIAL OPEN SPACE/PUBLIC FACILITIES Q NATURAL OPEN SPACE -N- LAND USE PLAN ;�2 ,�O SAN DIEGO CREEK NJJAMBOREE MAC ARTHUR NOT TO SCAL lot w A MFn ev)PAMUIVITY DISTRICT SECTION I GENERAL NOTES 1. WATER SERVICE Water within the Planned Community will be furnished by the City of Newport Beach. 2. GRADING AND EROSION Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 4 F SECTION II PERMITTED USES The following are permitted uses within the natural open space area (Area 1): 1. Preservation and restoration of existing habitat and wetlands. 2. Habitat and wetland creation and enhancement. 3. Ecological and agricultural research. 4. Utilities 5. Equestrian, pedestrian and bicycle trails. The following are permitted uses within the open space/public facilities area (Area 2): 1. Preservation and restoration of existing habitat and wetlands. 2. Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails. 3. Biotic gardens. 4. other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7. Fuel modifications zones. 8. Drainage and flood control facilities. 9. Any grading necessary for the permitted uses. 10. Off -site directional sign. 11. Enhanced landscaped corner. 6E The following are permitted uses within the open space/public facilities area (Area 3): 1. Preservation and restoration of existing habitat and wetlands. 2. Passive public recreation uses. 3. Biotic gardens. 4. other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7. Fuel modifications zones. S. Drainage and flood control facilities. 9. Any grading necessary for the permitted uses. 10. Off -site directional sign. 11. Enhanced landscaped corner. The following are permitted uses within the retail service commercial area (Area 4): 1. Accessory support retail 2. Specialty Food Establishments in accordance with title 20 of the Newport Beach Municipal Code. 3. Signs in accordance with the Newport Beach Municipal Code. 4. Preservation and restoration of existing habitat and wetlands. 5. Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails. 6. Biotic gardens. 7. Other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 8. Transportation corridors, appurtenant facilities, arterial M highways and vehicular access to the other permitted uses. 9. Utilities and water tanks. 10. Fuel modifications zones. 11. Drainage and flood control facilities. 12. Any grading necessary for the permitted uses. 13. Off -site directional signs. 14. Enhanced landscaped corner. The following are permitted uses subject to the securing of a Use Permit: 1 2. 3. Automobile sales facilities. Automobile repair facilities only in conjunction with new or used car; Restaura: FIGURE III STATISTICAL ANALYSIS San Diego creek North and Jamboree/MacArthur Acreage Tyne Area (Net) Open Space 1 2.0 Open Space/Public Facilities 2 3.07 Open Space 3 4.7 Retail and Service Commercial 4 9.63 San Diego Creek North & Jamboree/MacArthur TOTAL F:\•••\PCTEXT\SD-CREEK.JAM El 19.4 Garcia, Genia From: Divan, Janet To: Garcia, Genia Cc: Webb, Don Subject: Fletcher Jones Traffic Study Date: Tuesday, August 15, 1995 3:47PM Genia, Please add the following comments to my memo dated today: 1. The Traffic Study has been reviewed and found in compliance with the Traffic Phasing Ordinance. 2. All unloading of vehicles shall be done on -site. Thanks. Page 1 tyITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DMSION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. Date: August 14. 1995 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FEE IN PLANNING DEPT. FOR: General Plan Amendment No 954M and Local Coastal Program Amendment No. 39 to designate the property for Retail mid Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property; Traffic Study No. 108; an amendment to Development Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of an Environmental Impact Report. DESCRIPTION: Allow the establishment of an automobile dealership on the San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW: August 24, 1995 COMMENTS: See Attached Fire Department Comments. NEWPORT BEACH FIRE AND MARINE DEPARTMENT PLAN CHECK CORRECTIONS (714)644-3106 APPLICANT: Fletcher Jones, Jr. PROJECT: 3300 Jamboree Road Allow the establishment of an automobile dealership on the San Diego Creek North Site. DATE: August 15,1995 Comments on General Plan Amendment No. 95-1 and Local Coastal. Program Amendment No. 39. 1. Site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 2. On site fire hydrants shall be provided as required in the Uniform Fire Code and Fire/Marine standards. 3. All buildings shall be fully fire sprinklered per NFPA 13 and Fire/Marine standards. All multi -story buildings shall be provided with Class I standards in combination with the automatic fire sprinkler system. 4. Provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Fire Code and nationally recognized standards as approved by the Fire/Marine Departments. QITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: August 14. 1995 X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT XPLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. FOR: General Plan Amendment No 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail w7d Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property; Traffic Study No. 108; an amendment to Development Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of an Environmental Impact Report. DESCRIPTION: Allow the establishment of an automobile dealership on the San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW: August 24, 1995 COMMENTS: This business combined sales tax and property tax makes it one of the top ten revenue producers in the City. In addition, new car dealers as a whole produce on the average about $220,000 in sales tax annually for the City. QrrY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. Date: August 14, 1995 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. FOR: General Plan Amendment No. 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail card Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property; Traffic Study No. 108; an amendment to Develonment Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of anEnvironmental Impact Report. . DESCRIPTION: Allow the establishment of an automobile dealership on the San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW: August 24, 1995 61Ss ro . CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST j�?CET'L;1>�iNiZ�C�"D�ViSTO# XU$iC'WORICS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEPARTMENT MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. Date: August 15, 1995 X PLANS ATTACHED (PLEASE RETURN) _PLANS ON FILE IN PLANNING DEPT, FOR: General Plan Amendment No. 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on -the property, Traffic Study No. 108; an amendment to Development Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of an Environmental Impact Report. DESCRIPTION: Allow the establishment of an automobile dealership on the'San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW: August24, 1995 COMMENTS: This site is located in Statistical Area L3 and is desienated for Administrative. Professional and Financial Commercial land uses by the City's General Plan Land Use Element. Currently. the permitted intense of development for the subject site is 112,000 sq ft. The subject site is also required to reserve 2.5 acres for a future fire station pumoses The proposed change of the existing land use to Retail and Service Commercial category, increased development intensity and elimination of the future fire station require a General Plan Amendment. CITY OF NEWPORT BEACH POLICE DEPARTMENT August 15, 1995 TO: Genia Garcia, Planning Department FROM: Sgt. Andy Gonis SUBJECT: Fletcher Jones Plan Review Request This memo is written in response to your request for Police Department input regarding the Fletcher Jones project. There are no police related issues concerning the project itself, but there is a concern with an intersection adjacent to the project location. As you are probably aware, the intersection of Jamboree Road at Bristol Street South has experienced a large number of traffic collisions, often times injury involved. It is our opinion that these accidents are caused by the distraction of having to deal simultaneously with the overhead traffic signal, and overhead lane directional sign in place at this intersection (in the Northbound Jamboree lanes). Caltrans has indicated that they have plans to relocate this sign. Until such relocation occurs, we believe that the installation of any additional "distractions," such as the project under consideration, may exacerbate the problem at this intersection. If I can be of further assistance, do not hesitate to contact me. .w CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: August 14, 1995 X ADVANCE PLANNING DMSION X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. FOR: General Plan Amendment No 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property, Traffic Study No. 108; an amendment to Development Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of an Environmental Impact Report. DESCRIPTION: Allow the establishment of an automobile dealership on the San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSION REVIEW: August 24, 1995 COMMENTS: See wuwv. S IS Okra 9 S 4;ITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST Date: Aueust 14, 1995 X ADVANCE PLANNING DIVISION X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT _PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Fletcher Jones, Jr. FOR: General Plan Amendment No 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted intensity of development; Amendment No. 823 to amend the San Diego Creek North/Jamboree MacArthur Planned Community District Regulations; Use Permit No. 3565 to allow the establishment of an automobile dealership on the property; Traffic Study No. 108; an amendment to Development Agreement No. 6 (CIOSA); approval of Development Agreement No. 9; and the acceptance of an Environmental Impact Report. DESCRIPTION: Allow the establishment of an automobile dealership on the San Diego Creek North Site (3300 Jamboree Road). LOCATION: 3300 Jamboree REPORT REQUESTED BY: As soon as possible COMMISSIONREVIEW: August24, 1995 COMMENTS: y,rt 11. That the Edison transformer serving the site be located outside the sight distance planes *" as described in City Standard 1 10-L. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 13. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 14. That the Developer obtain permission from the Metropolitan water District and Mesa Consolidated Water District to construct within their easements 15. That the raised island nose at the entrance/exit shall be pulled back so that it is entirely on private property. 16. That the landscaping at the entrance shall conform to City sight Distance Standard No. 1 10-L. 17. That HC parking be shown on the parking plan and that adequate customer and employee parking be provided to current City standards. All HC parking shall be designated with a sign and pavement marking. 18. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview way and Jamboree road intersection shall be designed to provide sight distance of 50 miles per hour. - 19. The Traffic Study has been reviewed and found in compliance with the Traffic Phasing Ordinance. 20 That all unloading and loading of vehicles shall be done on -site. plan•com\up3565 August 14, 1995 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: Use Permit No. 3565 FINDINGS & CONDITIONS OF APPROVAL FINDINGS: 1. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 2. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. CONDITIONS: 1. Once the City has acquired title to all three parcels within the development site, the developer shall have a Civil Engineer prepare a Record of Survey or final parcel map combining the parcels into one or two final parcels as approved by the Director of Pubic Works/City Engineer. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 4. That the Intersection of the private drives at Bayview way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 5. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 6. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 7. That County Sanitation District fees be paid prior to issuance of any building permits. 8. That the construction of the Bayview Way improvements be in accordance with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the jamboree Road frontage. All work within the public right-of-way shall be completed under an encroachment permit issued by the Public Works Department. 9. That street, drainage and utility improvements be shown of standard improvement plans prepared by a licensed civil engineer. 10. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. % V August 28, 1995 CITY COUNCIL AGENDA ITEM NO. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: TWO MEMORANDA OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NEWPORT BEACH (CITY) AND THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (TCA) FOR: 1. Right-of-way exchange (Old University Drive and University Drive North also known as Bayview Way). 2. Obligation to construct approximately 600 feet of Bayview Way street and utility improvements. 3. Transfer of title and long-term maintenance responsibility of a TCA mitigation site (San Diego Creek Salt Water Marsh) to the City of Newport Beach. 4. Financial responsibility for cost differential between earthen highway embankment and flyover bridge extension for a future freeway ramp (JR-5). 5. Transfer of fee title to a 2.64 acre parcel of land, originally acquired by TCA to accommodate the future construction of JR-5, to the City, so that if may be combined with adjacent parcels currently owned by The Irvine Company and Caltrans for the purpose of the Fletcher Jones Motorcars development. TCA will reserve the right to construct the JR-5 ramp at a future date, currently estimated to be 5 to 7 years hence. RECOMMENDATION: Approve the Memoranda of Understanding between the City of Newport Beach and the San Joaquin Hills Transportation Agency, 11 SUBJECT: TWO MEMORANDA OF UNDERSTANDINGS (MOU) BETWEEN THE CITY OF NEWPORT BEACH (CITY) AND THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (TCA) August 28, 1995 Page 2 DISCUSSION: TCA is required by the California Coastal Commission and California Department of Fish and Game to provide a salt water habitat site as mitigation for the impact caused by the construction of tollway bridges over San Diego Creek. The only feasible site for this mitigation is currently encumbered by a street easement originally acquired by the City for a now obsolete street alignment ("Old" University Drive). The first MOU allows for an exchange of right-of-way whereby the City will vacate the "Old" University Drive easement and TCA will dedicate the right-of-way for Bayview Way to the City. The MOU also obligates the City to construct the initial 600 feet of improvements for Bayview Way. As part of the proposed Fletcher Jones Motorcars development, the City needs to acquire fee title to a 2.64 acre parcel of land owned by TCA which was originally acquired from The Irvine Company for the future construction of the JR-5 ramp. This parcel (referred to as "The Strip" in the MOU) will be combined with a 5.59 acre parcel owned by The Irvine Company and 1.10 acre of surplus freeway right-of- way owned by Caltrans. The three parcels when combined will provide a developable site for Fletcher Jones Motorcars. TCA understands the desire of the City to retain the Fletcher Jones dealership and its substantial tax revenue base within the City and wishes to work with the City to accomplish this. In order for TCA to transfer fee title to their 2.64 acre parcel, they had to establish that such a transfer would be beneficial to TCA. The second MOU provides for the transfer of title (subject to certain reservations) in exchange for the following: 1. When (and if) the JR-5 ramp is constructed, it will be constructed as a flyover bridge so that the space beneath the bridge can be utilized by the dealership. The City agrees to be responsible for the cost differential between a bridge structure and a highway embankment. TCA agrees to provide a certain minimum clearance beneath the bridge to accommodate the proposed dealership uses. 2. TCA will grant fee title to the 2.64 acre parcel to the City while reserving the right to construct the JR-5 at a future date. Should a determination be made that the ramp will not be constructed TCA would relinquish all rights to the property. 4 • } SUBJECT: TWO MEMORANDA OF UNDERSTANDINGS (MOU) BETWEEN THE CITY OF NEWPORT BEACH (CITY) AND THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (TCA) August28, 1995 Page 3 3. TCA is responsible for construction of the mitigation site (Salt Water Marsh) but their charter prohibits them from assuming any long term ownership and maintenance obligations. Therefore the City agrees to assume ownership of and maintenance responsibility for the Salt Water Marsh in exchange for acquiring fee title to the 2.64 acre parcel. On August 10, 1995, the TCA Board of Directors approved the attached Memoranda of Understanding. It is recommended the City Council give its formal approval and authorize the Mayor to execute them on behalf of the City. Attached is a copy of the TCA Board action approving the MOU's and a copy of the TCA staff report. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director Emmet Berkery Project Consultant Attachments 4_ CITY OF NEWPORT BEACH MINUTES ROLL CALL rn Q Q¢ W 3 W g2UC70 !!) 0 Q U W > J J w z September 11, 1995 INDEX Judy Rosen, 200 Poppy Avenue, also addresse Zoning/Noise the Council and cited Section 10.26.0 Element Exemptions to the Noise Ordinance, which state in part that "without limitation, sporting nd recreational activities which are sponsored co- sponsored by the City of Newport Beach r the Newport Mesa Unified School Distract." Sheelt the City does co-sponsor the tidepool progr but is exempting itself from the Noise Ordinanc , and this "frightens her." She stated that m y of the properties in the area have been f -sale for a long period of time because of this isance, and that said nuisance is also de aluating the properties. She suggested as a olution to this problem, that the students be ssed to Crystal Cove State'Beach where the bu ses can park free and the program will be safer or the students as well. Dickson Shaffer, 232 Ev ing Canyon Road, addressed the Council reg rding noise created by air conditioning and oche HVAC equipment that is allowed to be placed a operated in narrow side yards. He commend the City Council for its efforts to adopt a N e Ordinance which would replace the April 1 81 Noise Ordinance. The proposed regulati ns will be slightly more protective of nois impacted neighbors, and their property rights th is the existing code; however it will be less prof five than ordinances enacted in recent years by various southern California coastal cities which ve similar high density residential noise probie s. He urged the Council to adopt the propos Ordinance, but stated that hopefully at a later ate the document will be amended to address uivalent noise level measurement as he felt the roperty line is the most reasonable and simple lace to take such a measurement. Hea ' g no one else wishing to address the Co ncfl, the public hearing was closed. Motion x otlon was made by Mayor Pro Tem Debay to All Ayes dopt Ordinance No. 95-38. Mayor Hedges requested that staff bring back on September 25, an amendment to the proposed Ordinance which addresses those residential properties immediately adjacent to commercial areas with a view to considering them under the mixed -use provision of the Ordinance. He also requested the staff address any special problems which may arise as a result of those institutions providing emergency or vital public services to the community. Volume 49 - Page 412 CITY OF NEWPORT BEACH MINUTES ROLL CALL rr, [a CE: W Xmmuuo 10 W M � 0 z September 11, 1995 INDEX Council Member Watt requested staff report back as soon as possible on the noise created by th tidepool program. 23. Mayor Hedges opened the public h aring Ord 95-39 regarding proposed ORDINANCE NO. 95.39 Zoning (94) AMENDING TITLE 20 OF THE NEWP T BEACH MUNICIPAL CODE TO REINSTATE TICE AND APPEAL PROCEDURES FOR SPE ALTY FOOD SERVICE APPLICATIONS (PLANNING PCA 829 COMMISSION AMENDMENT NO. 29). Report from Planning Departm nt. Assistant City Manager Deli o stated this item was initiated by the City Cou oil in response to some complaints, particula on Balboa Island, regarding lack of n ice or appeal regarding specialty food ordi nces, and as a result, the proposed Ordina a contains language which provides for a sp ial procedure to allow property owners within 100 feet of specialty food establishment o appeal that establishment to the Modification Committee. Hearing one wishing to address the Council, the public aring was closed. Motion x Moti n was made by Council Member Edwards to ad pt Ordinance No. 95-39. ouncil Member Edwards stated that the subject Ordinance "is not perfect and he will continue to work with the Planning Commission on this item." All Ayes The motion was voted on and carried. 24. Mayor Hedges opened the public hearing Ord 95-42 regarding proposed ORDINANCE NO. 95-42, CIOSA Dev Agm No. E ADOPTING FIRST AMENDMENT TO THE C-2920 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF (38 ) NEWPORT BEACH AND THE IRVINE COMPANY, INC., WITH RESPECT TO THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (CIOSA) (DEVELOPMENT AGREEMENT NO.6); AND Volume 49 - Page 413 CITY OF NEWPORT BEACH MINUTES ROLL CALL A g2WQOJZ W ~ :K a:> N K 0 J W 0 September 11, 1995 INDEX Proposed ORDINANCE NO. 95.43, Ord 95-43 Fletcher Jon. ADOPTING A DEVELOPMENT AGREEMENT Motorcars BETWEEN THE CITY OF NEWPORT BEACH AND Dev Aqm No. FLETCHER JONES MOTORCARS, INC., WITH C-3067 RESPECT TO THE FLETCHER JONES MOTORCARS - (38) MERCEDES BENZ DEALERSHIP PROJECT (DEVELOPMENT AGREEMENT NO. 9). Report from Planning Department. City Manager Kevin Murphy gave a brief overview of this item noting that in 1994, the City became aware that Fletcher Jones Motorcars was considering relocation to a site in the City of Irvine. After discussions with Ted Jones, the City and the applicant decided to pursue entitlement to allow for construction of a new automobile dealership on the San Diego Creek North site in the City of Newport Beach. As part of the agreement between the applicant and the City, a sharing of entitlement and development costs was agreed to in a Memorandum of Understanding executed on March 10, 1995. That agreement provided for the City to offset certain development costs which were extraordinary, due to the highly constrained nature of the proposed development site. Mr. Murphy summarized some of the key components in the Development Agreement as follows: 1) The City will make its best effort to acquire three parcels of land located at 3300 Jamboree Road which are currently owned by The Irvine Company, the Transportation Corridor Agency and Caltrans. 2) The City is also going to make its best efforts to obtain all non -City permits in cooperation with Fletcher Jones. 3). The City committed to the preparation of the Environmental Impact Report and will split those costs on an appropriate basis with Fletcher Jones. 4) The Cih' has committed to the construction of the Boyview Drive extension 600 feet east of Jamboree Road at an estimated cost of $400,000 and Fletcher Jones has agreed to reimburse the City $80,000 for the next five years to pay for those costs. Volume 49 - Page 414 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, A�WWo�% wXna:000 F- N rr > H w September 11, 1995 INDEX 5) The City has agreed to convey The Irvine Fletcher Jon Company parcel to Fletcher Jones at no cost, to convey the Caltrans parcel to Fletcher Jones at a cost equal to the purchase price paid by the City to Caitrans, and to lease the Transportation Corridor Agency parcel to Fletcher Jones for $1.00 per year. Mr. Murphy pointed out that Fletcher Jones will be developing on a site which contains a wetlands, habitat of the California Gnatcatcher, two major water lines which traverse through the middle of the property, a major overhead electric transmission line which needs to be relocated, and will incur extraordinary costs to bring utilities to this site. 6) The City has also committed to promptly process all City permits and agreed to basically split the cost of the entitlement process 50-50. The developer has agreed to pay for all costs to construct the new dealership, and to prepare all the plans and specifications for the project. 7) If there is any future sale of the site within 20 years, the City and Fletcher Jones would split any net profit after all the development costs have been considered. Under the terms of the Development Agreement, the project must generate 80 million dollars per year for the first five years or the developer agrees to reimburse the City's portions of its costs to put this project together. The Agreement also contains a provision whereby the property would revert to the City if Fletcher Jones fails to operate as a car dealership or another permitted use on the site in the future. Hearing no one wishing to address the Council, the public•hearing was closed. Motion x Motion was made by Council Member Edwards to All Ayes adopt/approve the following: 1) Resolution No. 95.102, certifying EIR No.155; Res 95-102 2) Resolution No. 95-103, approving General Plan Res 95-103 Amendment No. 95-I(D); 3) Resolution No. 95.104, approving Local Coastal Res 95-104 Program Amendment No. 39; 4) Resolution No. 95-105, approving Planning Res 95-105 Commission Amendment No. 823; Volume 49 - Page 415 C CITY OF NEWPORT BEACH MINUTES ROLL CALL v, w 3QxuL90 Ax'Oz September 11, 1995 INDEX 5) Sustain the Action of the Planning Commission U/P 3565/Tfc for Traffic Study No.108 and Use Permit No. 3565; Stdy 108 6) Ordinance No. 95-42, approving the First Ord 95-42 Amendment to Development Agreement No. 6 - CIOSA; and 7) Ordinance No. 95-43, approving Development Ord 95-43 Agreement No. 9 - Fletcher Jones Motorcars. 25. Mayor Hedges opened the continued Publi Balboa Trnsp hearing regarding request of BALBOA TRANSPO (27 ) 5432 Mildred Circle, Cypress, for CERTIFICATE F PUBLIC CONVENIENCE AND NECESSITY to op ate taxi in Newport beach. Report from Revenue Manager, Admi strative Services/Finance Department. The City Manager advised that the ele ric vehicle in question had not properly c plied with requirements of the Vehicle Code, a d therefore, it Is recommended this item be continued to September 25. Roger Michael, Applicant, alboa Transport, addressed the Council and r ferenced letters he had received from 40 bus ess owners and 23 residents on Balboa island ho were in support of his idea to provide train ortation between the Marine Avenue busines district and the ferry landing at Agate Street and charge $1 each way. He also proposes to p the vehicle in the loading zones on Agate at So th Bayfront, and Marine and Park Avenues to ait patronage, as well as load/unload passe gers. Motion x Council Memb Watt indicated she felt the Council shoul not act on this item until the concerns of a Police and Traffic Departments regarding p ing, interruption of traffic, etc., have been addr sed. She also stated she would not be She at the C uncll on September 25, and therefor moved to continue this matter to Octobe 9. Mr. chael responded that he has been waiting six eeks to get approval of his request, that he ha purchased "the required insurance, and b cause of financial reasons, he would hope it ould not be delayed beyond September 25. Dan Stringer, Balboa Island resident, addressed the Council and stated he was not opposed to Mr. Michael's idea, but he would urge the Council to not rush into approving his request without giving it serious consideration. Volume 49 - Page 416 C I TY`OF NEWPORT BEACH MINUTES ROLL CALL u-, W CZ m w3A=u�0 r~- mm w w 3Z H September 11, 1995 INDEX All Ayes s The motion made by Council Member/ditionsto voted on and carried. PUBLIC COMMENTS Jon Vandersloot, 2221 E. 16th Street, adde Council and submitted a copy of a le September 10, 1995 to the Coastal Cn regarding the proposed residential det on the Castaways site, requesting they toir staff's recommendation and appe proposed project, with special co o require redesign of the project t eliminate wetlands impacts. The redesign wou mean that 9 or 10 parking spaces be found els here on the site so that a parking lot extensio would not be built into a ravine which contain 19 willow trees among assorted other trees. Th redesign would also mean that a 15-foot tall ret ining wail would not be built into the wetlands. a also cited four alternatives for the parking sp es as enumerated in his letter. He felt the pr osed project does great damage to the ravine and the wetlands, as well as to the Coastal Act and jeopardizes wetlands throughout coos al California. He stated he also included with s letter to the Coastal Commission, letters from the Newport Conservancy, SPON, a d Council Member Jean Watt, all in support relocating the 10 parking spaces to eliminate w tland impacts. r •. ORDINANCES FOR ADOPT[ N 26. Proposed ORDIN CE NO. 95-40, Ord 95-40 Tfc/Pedicabs AMENDING CTION 12.56.010 AND ADDING Surrey Cycle: SECTION 12 6.150 TO CHAPTER 12.56 OF THE (85) NEWPORT ACH MUNICIPAL CODE PERTAINING TO THE OP RATION AND USE OF SURREY CYCLES AND PED ABS. Recycled report dated August 21, 1995 from Assistant ity Attomey. The Manager stated that the , proposed ame meet will define the terms "surrey cycle" and "pedicab" and place the prohibition in a se rate section of the Municipal Code. The a endment will also require businesses that rent s rrey cycles or pedicabs to inform renters where he surrey cycles or pedicabs are prohibited. The rental companies must also post the surrey cycles and pedicabs with the restrictions. In addition, any I person who operates a surrey cycle or pedicab rental service, shall fix a flag to it of international orange or similar color to increase its visibility. Volume 49 - Page 417 i y EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 155 FLETCHER JONES MOTOR CARS 1. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carried out. The attached table summarizes the adopted mitigation mea- sures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construc- tion and verified by plan check and/or inspection; and (3) through monitoring during, and reporting after, construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below: A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discre- tionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordi- nances, policies, standards, or conditions of approval. Upon project approval, a copy of the approved project description and condi- tions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approval. Field inspec- tions will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through construction monitoring. If any mitigation measures require verification and reporting during and/or after construction is completed, the City will maintain a log of these mitigation moni- toring and reporting requirements, and will review completed monitoring re- ports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. Final monitoring reports will be placed in the official file. 2�� MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) A. LAND USE AND PLANNING 1. No mitigation measures are required for project specific Not required. impacts to land use. The cities of Newport Beach and Irvine, and the University of California, have developed open space preservation programs. B. EARTH RESOURCES 1. Prior to issuance of a grading permit, the grading Mitigation Grading Plan Prior to issuance Planning contractor shall identify a spoils site for deposition of Monitoring Check, and Field of any grading Department, exported material. Such spoils site shalt have obtained inspection permit(s) Building CEQA clearance in accordance with the requirements of Department the local jurisdiction where the site is located. - 2. As specified in the geotechnictl report prepared for the Mitigation Grading Plan Prior to issuance Planning site (Pacific Soils Engineering, Inc., May 1995), all loose, Monitoring Check, and Field of any grading Department, compressible natural soils and/or loose, compressible on- inspection permit(s), and Building site rill soils should be removed from rill areas where grading operations Department exposed at final grade and replaced with compacted rills in accordance with the recommendations of the . geotechniml engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendationsoutlinedin section 5.3 of the gcotechnical report shall be followed. N 2 w MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TINMG OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 3. Prior to issuance of a grading permit, the applicant or Mitigation Grading Plan Prior to issuance Planning successor in interest shall demonstrate to the City of Monitoring Check of any grading Department, Newport Beach Building Department that all facilities will permits) Building be designed and constructed as specified in the City Department adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading Mitigation Grading Plan Prior to issuance Planning permit to be approved by the Building and Planning Monitoring Check of any grading Department, Departments. The application for grading permit shalt be permit(s) Building accompanied by a grading plan and specifications and Department supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. The grading plan shalt include a complete plan for Mitigation Grading Plan Prior to issuance Planning temporaryand permanent drainage facilities, to minimize Monitoring Check of any grading permit(s) Department, Building any potential impacts from silt, debris, and other water Department pollutants. 6. The grading plan shalt include a description of haul Mitigation Grading Plan Prior to issuance Planning routes, access points to the site, watering, and sweeping Monitoring Check of any grading Department, program designed to minimize impact of haul operations. permit(s) Building Department 7. An erosion, siltation and dust control plan shall be Mitigation Grading Plan Prior to issuance Planning submitted prior to issuance of grading permits and be Monitoring Check of any grading Department, subject to the approval of the Building Department and a permits) Building copy shall be forwarded to the California Regional Water Department California Quality Control Board, Santa Ana Region. Regional Water Quality Control Board, Santa Ana Region I N 3 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MPfIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 8. The velocity of concentrated run-off from the project site Mitigation Grading Plan Prior to issuance Planning shall be evaluated and erosive velocities controlled as part Monitoring Check of any grading Department, of the project design. pettnit(s) Building Department 9. Grading operations and drainage requirements shall meet Mitigation Grading Plan Prior to issuance Planning the standards set forth in the City's Building Code Monitoring Check of any grading Department, (Appendix Chapter 70 - Excavation and Grading, Sections permit(s) Building 7001-7019) and the Building Department's General Department Grading Specifications. _ 10. The erosion control measures shall be completed on any Mitigation Grading Plan Within 30 days Building exposed slopes within thirty [lays after grading, or as Monitoring Specifications after grading or as Department approved by the Building Department. approved by the Building Department 11. Fugitive dust emissions during construction shall be Mitigation Grading Plan Prior to issuance Planning minimized by watering the site for crust control, Monitoring Check and Field of grading permits Department, containing excavated soil on -site until it is hauled away, Inspection and during Building and periodically washing adjacent streets to remove grading and Department accumulated materials. construction 12. Prior to the issuance of any building permits a specific Mitigation Soils and Prior to the Building soils and foundation study shall be prepared and Monitoring Foundation Study issuance of any Department approved by the Building Department. building permit(s) MMGATIO, 13• Site ide licit iriv cor Tho star of; gc< col imi get wh liq apl rel Gc pro pri bu su H N QP MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 15. ALL fill slopes shall be properly compacted during grading Mitigation Grading Plan Prior to issuance Building in conformance with the City Grading Code and verified Monitoring Check, and Feld of any occupancy Department by the project Geotechnical Consultant. Slopes shall be Inspection permit(s) planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the Mitigation Grading Plan Prior to issuance Building satisfaction and approval of the Building Department. Monitoring Check, and Field of any grading Department Water shall not be allowed to drain over any manufac- inspection permits) tured slope face. Topof-slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow flitches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate Mitigation Undscape Plan Prior to issuance Building artificial substances shall be recommended by the project Monitoring Check, and Feld of any grading Department landscape architect and approved by the Building Inspection permits) Department for use in reducing surface erosion until , permanent landscaping is well established. Upon com- pletion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) 18. Prior to the issuance of grading permits, written Mitigation Grading Plan Prior to issuance Building recommendations for the mitigation of Monitoring Check, and Field of any grading Department compressible/collapsible soil potential for the project site Inspection permits) shall be provided by the geotechnical consultant. Foun- dation recommendations shall be included. Recommendations shalt be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the Building De. partment. Recommendations shalt be based on surface and subsurface mapping, Laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, rill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive Mitigation GeotechnicaL8oils Prior to issuance Planning and corrosive soil potential for each site, shall be Monitoring Report of any building Department, provided by the project corrosion consultant, gcotcchnical permits) Building consultant and/or Civil engineer. Foundation Department recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shalt be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 7 L MITIGATION MONITORING AND REPORT SUMMARY DRAFT' ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 20. The project geotechniml consultant and/or civil engineer Mitigation Grading Plan Prior to issuance Building shall prepare written site -specific reviews of the tentative Monitoring Check/ of any grading Department tract maps and grading plans addressing all salient Geotechnical permit(s) geotechnical issues, including groundwater. These Consultant reports shall provide findings, conclusions and recom- mendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering-is recommended. The geotechnical consultant and/or civil engineees reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a grading permit. C. WATER RESOURCES 1. Prior to issuance of any grading permit, an erosion, Mitigation Grading Plan Prior to issuance Building siltation, and dust control plan shall be submitted, and Monitoring Check of any grading Department shall be subject to the approval of the Building Depart- permit(s) ment. I'�J 8 L N MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEG_ O CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 2. Prior to -the issuance of any grading'permit, the design Mitigation Grading Plan Prior to issuance Planning engineer shall verify that the discharge of surface runoff Monitoring Check of any grading Department, from development of any site will be perfbrmed in a permit(s) Building manner so that increased peak Rows from the site will not Department increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shalt be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 3. Erosion control measures contained in the erosion Mitigation Grading Plan Within 30 days Building siltation and trust control plan shall be implemented on Monitoring Specifications, and after grading, or Department any exposed slopes within 30 days after grading, or as Field Inspection as directed by the otherwise directed by the Building Department. Building Department 4. Any existing on -site drainage facilities shalt be improved as Mitigation Grading Plan Prior to issuance Building required, or updated concurrent with grading and Monitoring Check, and Field of any grading Department, devctopmeny to the satisfaction of the Public Works and Inspection permit(s) Public Works Building Departments. Improvement plans shalt be Department approved by -the Public Works Department prior to issuance of a grading permit. 5. Prior to the issuance of grading permits, the applicant (or Mitigation Grading Plan Prior to issuance Planning applicant's grading contractor) shall provide to the Monitoring Check, and Field of any grading Department, Building and Public Works Departments haul route plans Inspection permit(s) Building that include a description of haul routes, access points to Department, the sits, and watering and sweeping program designed to Public Works minimize impacts of the haul operation. These plans shalt Department be reviewed and approved by the Public Works Department. Copies of the plans shalt be submitted to the City's Planning Department. I 4 V's MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) 6. Prior to the issuance of grading permits, the applicant Mitigation Grading Plan Prior to issuance Building shall incorporate the following erosion control methods Monitoring Check, and Field of grading Department into grading plans and operations to the satisfaction of Inspection permits) the Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle home sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as dprap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoils in areas of con- centrated runoff. 7. Prior to the issuance of grading permits, the project Mitigation Grading Plan Prior to issuance Building geotechnical consultant and/or civil engineer shall develop . Monitoring Check, and Field of any grading Depa"ment, a plan for the diversion of stormwater away from any Inspection permit(s) Public Works exposed slopes during grading and construction activities. Department The plan shall include the use of temporary right-of-way diversions (i.e., berms or swalea) located at disturbed areas or graded right-of-ways. The plan will he approved by the Public Works and Building Departments, and implemented during grading -and construction activities. 10 N -C MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 8. The applicant shall provide a temporary gravel entrance Mitigation Grading Plan Prior to issuance Building located at every construction site entrance. The location Monitoring Check, and Field _ of any grading Department, of this entrance shall be incorporated into grading plans Inspection permit(s) Public Works prior to the issuance of grading permits. To reduce or Department eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feeL The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 9. The applicant shall construct filter berms or other Mitigation Grading Plan Prior to issuance Building approved devise for the temporary gravel entrance. The Monitoring Check, and Field of any grading Department, berms -shalt consist of a ridge of gravel placed across Inspection permit(s) Public Works graded right-of-ways to decrease and filter runoff levels Department while permitting construction traffic to continue. The location of berms shalt be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 10. During grading and construction, the applicant shall Mitigation Grading Plan Prior to issuance Building provide a temporary sediment basin located at the point Monitoring Check, and Field of any grading Department of greatest runoff from any construction area. The Inspection permit(s) location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shalt not be located in an area where its failure would lead to loss of life or the loss, of service of public utilities or roads. The plan shall be reviewed and approved by the Building -Department. MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) 12. Structural BMP Controls. Prior to the issuance of any Mitigation Grading Plan Prior to issuance Building Grading Permit, the project proponent shall ensure that Monitoring Check, and Field of any grading Department, the project includes implementation of appropriate Inspection permit(s) Public Works structural Best Management Practices (BMPs) to reduce Department the extent of pollutants in stormwater Bows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs will be incorporated at the project site: • All automotive maintenance areas will be covered with a roof and will drain to the sewer system rather than the storm drain. • All trash enclosures will be covered. • Car wash areas will be covered and drain to the sewer system rather than the storm drain. • Parking lot and display area catch basins wilt be provided with grease and oil filters. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 13 N L mmc 13. 14 L MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHI: AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 14. Water Quality Management Plan. Prior to the issuance of Mitigation Water Quality Prior to issuance Public Works any building permit, consistent with the Drainage Area Monitoring Management Plan of any building Department Management Plan (DAMP) prepared by the County of Or- Approval permit(s) ange for compliance with their municipal storm water NPDES permit requircriient, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent stormwater quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. _ 15. Prior to issuance of a grading permit, the final plan of Mitigation Grading Plan Prior to issuance Public Works water, sewer and storm drain facilities shall be approved Monitoring Check of any grading Department by the Public Works Department. Any systems shown to permit(s) be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. D. TRAFFIC AND CIRCULATION 1. Prior to approval of building permits, the project should Mitigation Payment of Pees Prior to approval Public Works contribute, on a fair share basis, towards the cost of the Monitoring of any building Department, improvement at the intersection of Jamboree Road/Bristol permit(s) Director Street North. Said contributions shall meet with the approval of the Director of Public Works. E. AIR QUALITY (� 15 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 1. Standard dust control practices dictated by SCAQMD Rule Mitigation Grading Plan Prior to issuance Planning 403 shall be followed. Monitoring, Check, and Field of any grading Department, SCAQMD Inspection permits) Building requirements Department 2. The applicant shalt specify the use of concrete, emulsiried Mitigation Plan Check, and Prior to issuance Planning asphalt, or asphaltic cement, none of which produce Monitoring Field Inspection of any building Department, significant quantities of VOC emissions. permits) Building Department 3- To avoid exceedance of SCAG s threshold of significance Mitigation Grading Plan Prior to issuance Planning for NOx emissions, construction export operations are Monitoring Specifications and of any grading Department, limited to a maximum of ten hours,per day, including one Field Inspection permits) Building hour of down time. Department F. NOISE 1. Any rooftop or other mechanical equipment shall be Mitigation Plan Checks, and Prior to issuance Planning sound attenuated in such a manner as to achieve a Monitoring Field Inspection of any building or Department, maximum sound level of 55 dBA at the property line. construction Building permit(s) Department 2. Any mechanical equipment and emergency power Mitigation Plan Checks, Prior to issuance Planning generators shall be screened from view, and noise Monitoring and Field of any building or Department, associated with said installations shall be sound Inspection construction Building attenuated so as not to exceed 55 dBA at the property permit(s) Department line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 16 o - MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE -DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 3. Pursuant to the City of Newport Beach Noise Ordinance Mitigation Grading Plan Prior to issuance Planning Section 10.28.040, construction adjacent to existing Monitoring Check, of any demolition, Department residential development shall be limited to the hours of Construction Plan grading, or 7:00 a.m. to 6.30 p.m. Monday through Friday, and 8:00 Checks, and Field building permit(s) a.m, through 6:00 p.m. on Saturday. Construction shall Inspection not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. G. BIOLOGICAL RESOURCES 1. Final project design will include measures to buffer the Mitigation Grading Plan Prior to issuance Planning project from adjacent wetland areas, including the SJI-ITC Monitoring Check, and Field of any grading Department, mitigation site and the existing wetland adjacent to the Inspection permit(s) Building southeast comer of the project. The final buffer design Department, shall be approved by the California Department of Fish California and Game and the Califomia Coastal Commission. While Department of a combination of landscaping and the presence of the Fish and Game, Bayview extension may be considered adequate to buffer Califomia Coastal the project from the SJHTC mitigation site, additional Commission measures wilt likely be required for the nearer existing wetland site. Design measures to be considered include a rive Coot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 2. Impacts resulting from the use of non-native, invasive Mitigation Landscape Plan Prior to issuance Planning plant species will be mitigated by developing a landscape Monitoring Check, and Field of any building Department plan that avoids the use of non-native invasive plants. A Inspection permits) landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: SJ� 17 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF 'TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) Problbited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: • Tree -of -heaven (Allantbus spp.) • Giant reed (Arundo donax) • Garland chrysanthemum (Cbr3uantbentunt com"arium) • Pampas grass (Cortaderia spp.) • Brooms (C,ytisus spp.) • Bermuda buttercup (Oxe!/s pes-caprae) • Fountain/Kikuyu grass (Pennisetum spp.) • German ivy (Seneclo mikanoides) • Tamarisk (Tamarlx spp.). Permlited Species Some invasive, exotic species are known to be con- trollable in well managed -situations. Such species may be used in project landscaping if.a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be plantedwithhybrid berrnuda grass. Non-native, invasive species that could be used under these circumstances include, but are not limited to, the following: �� 18 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) • Hottentot -fig (Carpobrotus edulls)t • Bermuda grass (Cynodon dactylon)2 • Myoporum (Myoporum laeatm) • Pepper trees (Scbintts spp.) • Cape Honeysuckle (Tecomarla capensls)t • Periwinkle (Wnca spp.). 3. t The effects of night lighting on adjacent natural areas, q including the S)HTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan Mitigation Lighting Plan Prior to issuance Planning shalt be approved by the City, demonstrating that Monitoring Check, and Field of any building Department appropriate lighting will be installed for the display area, Inspection permit(s) parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan wilt include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and Mitigation lighting Plan Prior to issuance Planning occupanry, the project proponent shall provide evidence, Monitoring Check, and Field of any Department meeting the approval of the City, that the installed Inspection certificates) of lighting meets the objectives of the plan. If necessary, use and occupancy shields on the back of lights or other screening shall be placed to cut off light beyond project area. Should be prohibited in areas adjacent to natural open spaces. Hybrid Bermuda grass, which is sterile or produces only sterile sced, should be permitted in landscaped arras, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species (to prevent vegetative spread into natural areas). 19 w MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) 4. Prior to the issuance of grading permits for the project, a Mitigation Approval of Prior to issuance Planning detailedInterimHabitat loss Mitigation Plan (IHLMP), Monitoring Interim Habitat of any grading Department, U.S. incorporating Mitigation Measures 7-5 and 7-6, shall be loss Mitigation permit(s) Fish and Wildlife prepared by the City and submitted to the U.S. Fish and Plan Service, California Wildlife Service (USFWS) and California Department of Department of Fish and Game (CDFG) for approval. The purpose of Fish and Game these measures is to increase the amount and duality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. 20 —C_ MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT. REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) The specific habitat replacement and exotic weed removal measures to be incorporated into the detailed IIILMP, including the actual acreage, may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed IHLMP will include the following elements: • Overview/Objective - Plant Palettes and Planting Densities • Planting Methods and Timing • Site Preparation • Exotic Weed Removal • Irrigation • Maintenance • Performance Standards , • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. N 21 MITIGATION M 5. Prior tt to the person base m initiatit this tin and rit adviser disturb the Cit no enc G. An apr. proper Newpc scrub I is to it least o 7. As pan impler pampa mouth initial secd-G spot r, Ii. CULTi Q� 22 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 MITIGATION MEASURE IMPLEMENTING ACTION METHOD OF VERIFICATION TIMING OF VERIFICATION RESPONSIBLE PARTY(S) I. City Council Policy K-5 outlines the Citys requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K-5. A. A qualified archaeologist shall be present during Mitigation Grading Plan Prior to issuance Planning pregmde meetings to inform the project sponsor Monitoring Specifications, and of any grading or Department and grading contractor of the results of any Field Inspections construction previous studies. In addition, an archaeologist permit(s) shall be.present during grading activities to in- spect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shalt have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the rind. B. In the event that significant archaeological Mitigation Grading Plan Prior to approval Planning remains are uncovered during excavation and/or Monitoring Spccifications, and of any grading_ Department grading, all work shalt stop in that area of Field Inspection permit(s) subject property until an appropriate data recov- ery program can be developed and implemented. The cost of such a programshallbe the responsibility of the project sponsor. C. Prior to issuance of any grading permits, the Mitigation Letter from Prior to issuance Planning applicant shalt waive the provisions of AB 952 Monitoring Applicant to City of any grading Department, City related to City of Newport Beach responsibilities permit(s) Attorney for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. �� 23 MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 2. Any sites uncovered shall be mitigated pursuant to Mitigation Grading Plan Prior to issuance Planning Council Policy K-5. Where further testing or salvage is Monitoring Specifications, and of any grading Department required, the applicant shalt select a City approved, quali- Field Check permits) fled archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90-days of the completed data recovery program. 3. The applicant shall donate all archaeological material, Mitigation Grading Plan Prior to issuance Planning historic, or prehistoric, recovered during the project to a Monitoring Specifications, and of any grading Department local institution that has the proper facilities for curation, Field Check permits) display and study by qualified scholars. Alt material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based -on a recommendation from the qualified archaeologist. 4. A pre -grade reconnaissance of the area shalt be made by a Mitigation Grading Plan Prior to issuance Planning qualified paleontologist to assess whether any significant Monitoring Specifications, and of any grading Department fossils currently are exposed. Any fossils observed and Field Check permit(s) deemed significant shall be salvaged. 5. A qualified paleontologist shall be retained to monitor Mitigation Grading Plan Prior to issuance Planning and, if necessary, salvage scientifically significant fossil Monitoring Specifications, and of any grading Department remains. Field Check permit(s) 6. The paleontologist shalt have the power to temporarily Mitigation Grading Plan Prior to issuance Planning divert or direct grading efforts to allow the evaluation and Monitoring Specifications, and of any grading Department any necessary salvage of exposed fossils. Field Check permit(s) N� 24 cA MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLENIEN77NG METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) 7. Monitoring shall be on a full-time basis during grading in Mitigation Grading Plan Prior to issuance Planning geologic units of high paleontologic sensitivity. Monitoring Specifications, and of any grading Department Field Check permit(s) 8. Spot-checking of low sensitivity sediments shall be Mitigation Grading Plan Prior to issuance Planning conducted by a qualified paleontologist. Should Monitoring Specifications, and of any grading Department significant fossils be observed during grading in these Field Check permits) units, full-time monitoring may be required. 9. All collected fossils shall be donated to a museum Mitigation Grading Plan Prior to issuance Planning approved by the City of Newport Beach Planning Monitoring Specifications, and of any grading Department Department. Field Check permit(s) 10. A Final report summarizing findings, including an itemized Mitigation Grading Plan Prior to issuance Planning inventory and contextual stratigmphic data, shall Monitoring Specifications, and of any grading Department accompany the fossils to the designated repository; an Field Check permit(s) additional copy shall be sent to the appropriate Lead Agency. 25 1� MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARIY(S) I. AESTHE17CS 1. A landscape screen and/or equivalent barrier shall be Mitigation Landscape Plan Prior to issuance Planning constructed along the northeastern project boundary to Monitoring Check, and Field of any landscape Department screen service areas from view from the Jamboree Road Inspection permit(s) southbound on -ramp and from the bicycle trail that will parallel the on -ramp. J. RECREATION I- HAZARDOUS WASTES AND MATERIALS 1. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: 26 O MITIGATION MONITORING AND REPORT SUMMARY DRAFT ENVIRONMENTAL IMPACT REPORT NO. 155 SAN DIEGO CREEK NORTH AUTOMOBILE DEALERSHIP AUGUST 31, 1995 IMPLEMENTING METHOD OF TIMING OF RESPONSIBLE MITIGATION MEASURE ACTION VERIFICATION VERIFICATION PARTY(S) a) All trash on the site shall be disposed of Mitigation Grading Plan Prior to approval Building properly. Monitoring Check, and Field of any grading Department inspection permit(s) b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and properly disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. L. PUBLIC SERVICES _ II 27 MITIGATION MI M. UTILm 1. Prior to propone wastewa Departtr 2. If dispo! project complia Guidelir Agency. mined t ofagaai septic to tion of I i 28 o—. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL Fletcher Jones Motorcars EIR No.155 General Plan Amendment No. 95-1(D) Local Coastal Program Amendment No. 39 Amendment No. 823 Traffic Study No.108 Use Permit No. 3565 . Development No. 6 (CIOSA) Development Agreement No. 9 A Emdronmental Impact Report No. 155. Findin s: 1. That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. 3. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to maldng its recommendations to the City Council. Mitigation Measures: 1. Prior to issuance of a grading permit, the grading contractor shall identify a spoils site for deposition of exported material. Such Spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on -site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in FLETCHER JONES MOTORCARS AUGUST 24,1995 Page 9 the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. M Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The velocity of concentrated run-off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001- 7019) and the Building Department's General Grading Specifications. 10. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on -site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. FLucHER JONES MOTORCARS AUGUST 24,1995 Page 10 ' 2 0 The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14. Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 15, All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible(collapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included: Recommendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the Building Department. Recommendations shall be'based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other nsTCHER JONM MOTORCARS AUGUST 24,1995 Page 11 13 "I recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 20. WY 23 The project geotechnical consultant and/or civil engineer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civilengineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a grading permit. Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to the approval of the Building Department. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department. 24. Any existing on -site drainage facilities shall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include FLETCHER JOM MOTORCARS AUGUST 24,1995 Page12 �� a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be re- viewed and approved by the Public Works Department. Copies of the plans shall be submitted to the.City's Planning Department. 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Build- ing Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle bome sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoils in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and` Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans -,prior to the issuance of grading permits. To reduce or eliminate mud and sediment carved by vehi- cles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right- of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its FL rcmR JONM MOTORCARS AUGUST24,1995 Page 13 / failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall Psubmit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the General Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water informa- tion. As required by the General Construction Permit, the project shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP), including inspection of stormwater con- trols structures and pollution prevention measures. The SWPPP shall be implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural '.` Best Management Practices (BMPs) to reduce the extent of pollutants in stormwater W flows from the site. Said structural BMPs shall -meet the approval of the Public Works Department. The following structural BMPs are suggested for consideration at the pro- ject site: Grassed or landscaped swales • Reduction in the amount of directly connected impervious area (DCIA) • Net trash racks or bars • Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 33. Non -Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, d • the project proponent shall submit an operations plan that ensures that the project operation shall include non-structural BMPs, including the following: Periodic cleaning (i.e., street sweeping) • Routinely cleaning on -site storm drain manholes and catch basins Source -control surveys of all on -site industrial facilities nETcm JONES MOTORCARS AUGUST 24,1995 Page14 rb Controlling washdown of non-stormwater discharges from project development facilities Providing information to employees on disposal of waste oil, grease, and pesticide containers Carefully -controlling pesticide and fertilizer usage • Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation Efficient landscaping irrigation • Common area litter control Housekeeping of loading docks. \ All non-structural BMPs shall meet the approval of the Public Works Department. W\ 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent stormwater quality control measure. to be utilized for the project, shall identify the potential pollutant source on the project, and \ shall describe how the project implements the objectives outlined in the DAMP. (J•J\ 35. Prior to issuance of a grading permit, the final plan of water, sewer and storm dram 1' facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. M. Prior to approval of building permits, the project should contribute, on a fair share basis, I�, t Q, 1 towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street h,Ql" North. Said contributions shall meet with the approval of the Director of Public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. HU 39. '` Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. FLETCHER JONES MOTORCARS UU AUGUST 24,1995 Page15 �� 40. Any mechanical equipment and emergency power generators shall be screened from view, i Aand noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a Uy 40censed engineer -practicing in acoustics, and shall be approved by the Planning 14 . Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to n� 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Con- struction shall not be allowed outside of these hours Monday through Saturday or at any i0vi 42. V LOW (43., time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. Final project design will include measures to buffer the project from adjacent wetland areas, including the SJHTC mitigation site and the existing wetland adjacent to the — southeast corner ofthe project. The final buffer design shall be approved by the California Department of Fish and GAme and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the S=C mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. Impacts resulting from the use of non-native, invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: Prohibited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: Tree -of -heaven (Ailanthus spp.) Giant reed (Arundo donax)" • Garland chrysanthemum (Chrysanthemum coronarium) Pampas.grass (Cortaderia spp.) • Brooms (Cytfsus spp.) • Bermuda buttercup(Oxalispes-caprae) Fountai AMwyu grass (Pemtisetum spp.) • German ivy (Senecio mikanoides) • Tamarisk (Tamarix spp.). FLETCHER JONES MOTORCARS AUOUSr24,1995 Page16 Permitted Species Some invasive, exotic species are known to be controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non- native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot -fig (Cwpobrotus edulis)2 Bermuda grass (Cynodon dactylon)3 Myoporum (Myoporum laetum) Pepper trees (Sch1nus spp.) Cape Honeysuckle (Tecomaria capensis)1 Periwinkle (Vinca spp.). The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. ;� 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss f, ry m#)j) ^1 Mt1gation Plan (IIILMP) shall be prepared by the City and submitted to the U.S. Fish and �jl t v Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for Wt,11. approval. The purpose of these measures is to increase the amount and quality of scrub d habitat that can be utilized by the California gnatcatcher and other species that require this lt;-' u habitat. This will both compensate for the project induced loss of potential breeding _,1j l habitat and increase the potential for wildlife movement by increasing the size of important populations. 2 Should be prohibited in areas adjacent to natural open spaces. 3 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species (to prevent vegetative spread into natural areas). nETCHER JONES MOTORCARS AUGUST 24,1995 Page 17 ' The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed IIU.MP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed RUW will include the following elements: • Overview/Objective • Plant Palettes and Planting Densities • Planting -Methods and Timing Site Preparation • Exotic Weed Removal • Irrigation Maintenance • Perforlhance Standards • Monitoring • Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. L, 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to -coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or root sprouts. �48. ' City Council Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K-5. A. A qualified archaeologist shall be present during pregrade meetings to inform the GCX�� project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. B. In the. event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall -be the responsibility of the project sponsor. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 18 C. Prior to issuance of any grading or demolition permits, .the applicant shall waive the provisions of AB 952 related to Cityof Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. r 49. , Any sites uncovered shall be mitigated pursuant to Council Policy K-5. Where further l testing or salvage is required, the applicant - shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted / prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered . during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 1. A pre -grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. t52: A qualified paleontologist •shall .be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54. Monitoring shall be on a full-time basis during grading in geologic units of high paleontologic sensitivity. 55i Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full- time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 57.,E A final report summarizing findings, including an itemized inventory and contextual data, the fossils to the designated repository; an additional J0/4j stratigraphic shall accompany copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on -ramp and from the bicycle trail that will parallel the on -ramp. RMCHER JONES MOTORCARS AUGUST 24,1995 Page 19 �, 59. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach requirements. 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project proponent shall construct the system in compliance with "On -Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. R General Plan Amendment No. 95-10.- Adopt Resolution No. recommending City Council approval of GPA 95-1(D). C Local Coastal Program Amendment No. 39: Adopt Resolution No. recommending City Council approval of Local Coastal Program Amendment No. 39. D. Amendment No. 823: Adopt Resolution No. recommending City Council approval of Amendment No. 823. RETCHERJONES MOTORCARS AUGUST 24,1995 Page20 �Z E Traffic Stud- Na 108: Findin : 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Poficy.S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major,"primary-modified,' or'primary street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those six intersections indicates that the resulting ICU is not made worse and is not considered a significant impact. Conditions: 1. That per the Traffic Phasing Ordinance (TPO) Analysis, no significant project impacts are identified. Currently scheduled and fully -funded projects will be completed prior to or at project occupancy to off -set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree Road/Bristol Street North. That the project should contn'bute, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565, Approve the use permit, making the following findings and with the following conditions of approval: Findin s: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the Police Department has indicated that they do not contemplate any problems from the proposed operation. nZrCMR JONES MOTORCARS AUGUST 24,1995 Page21 �3 6. That the proposed use of roof top parking will not, under the circumstances of this particular case, be detrimental to -the health safety, peace, comfort and general welfare of'the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of *a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the.proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2,/ That the required on -site parking be provided consistent with the approved, site plan. 13V That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.. That the project shall comply with State Disabled Access requirements. That all improvements be constructed as required by Ordinance and the Public Works Department. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed f%verity foul inches.in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer. 8.1 That the applicant shall prepare a landscape plan to be approved prior to the issuance of 0 Building Permits. Said plan shall be approved by the Public Works Department, Planning Department, -and the General Services Department. 11 9. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. nETCHER JONES MOTORCARS AUGUST 24,1995 Page22 ZY 10. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building pemuts. 12. That the construction of the Bayview Way improvements be in accordance • with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right- of-way shall be completed under an encroachment permit issued by the Public Works Department. 13. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility•of the developer. 15. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 16. Disruption caused by construction work along roadways, and by movement of construction vehicles shall -be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 17. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall .be pulled back so that it is entirely on private property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110-L 21. That HC (handicap) parking be shown on the parking plan and that adequate customer and employee parking be provided to current City standards. All handicap parking shall be designated with a sign and pavement marking. FuETCHER JGNEs MoToxcARS AUGUST 24,1995 Page23 E 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. That all unloading and loading ofvehicles shall be done on -site. 24. That site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 25. That on -site fire hydrants shall be provided as required in the Uniform Building Code and Fire/Marine standards. 26. That all buildings shall be fully sprinklered per NFPA 13 and Fire/Marine standards. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the Fire/Marine Departments. �28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system, unless otherwise approved by the Building Department and the Public Works Department. 30. That the. illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to eliminate direct light and.glare on adjoining properties southerly and westerly of the site. A timing device shall tam off_ any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the roof top parking 041 area shall be subject to the approval of the Planning Director. r 31', That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department. 32: That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 33: That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated , 4 electrical signs shall be displayed. 3r4. That a Use Pernut shall be required for the establishment of a restaurant that is open to the general public, within the facility. FLETCHER JOT MOTORCARS AUGUST 24,1995 Page24 �(� P IN 35. That the project comply with the Uniform Building Cade, disabled access, and energy regulations. 36. Health Department approval is required.for the foci establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the.Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. �38: \39.1 �4L•. That all employees shall park on -site. That the hours of operation shall be limited between 6:00 am. and 10:00 p.rrL daily: That all trash areas shall be screened from adjoining properties and streets. That the project shall be designed to eliminate fight and glare spillage on adjacent uses. 42. That a washout, area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works.Department. 43., That. Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That 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. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. C. Development Agreement No. 6 (CIOSA): Adopt Resolution No. recommending City Council approval of Revisions to Development Agreement No. 6. H. Development Agreement No. 9: Adopt Resolution No. recommending City Council approval of Development Agreement No. 9. EIETCHER ]ONES MOTORCARS AUGUST 24,1995 Page25 y7 1. APPENDIX "A„ :. LOCATION: 3300 Jamboree, that portion of Lot 146, Block 51, of IrviJWs Subdivision,•as shown a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California and that portion of Lot 145, Block 50, of Irvine's Subdivision; as shown a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California ZONE: PC APPLICANT: Fletcher Jones, Jr., OWNER City of Newport Beach Environmental Compliance (California Environmental Quality Act) In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, a Draft Environmental Impact Report (DEIR) has been prepared to evaluate the potential environmental effects of the proposed project. The DEIR was published on June 19th for a 45-day public review period that extended through Thursday, August 3, 1995 Copies of the DEIR were distributed to the Commission previously, and were also made available to all interested parties without charge. Detailed responses to each comment letter received during the public review period will be provided to the Conunission prior to the public hearing. Responses to late comments will also be provided within a reasonable time after receipt of the comments. Since this property is locatedin the Coastal Zone, Coastal Commission approval will be required prior to issuance of any building or grading perrnits. Summary Response to the Key Issues Detailed Traffic Analysis A traffic study was required to determine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine the consistency and conformity of the project with the City's Circulation Element. The City Traffic Engineer identified the following nineteen (19) intersections for detailed evaluation in the traffic study. 1. Jamboree Road/Campus Drive 2. Jamboree RoadBristol Street North RETCHER JONES MOTORCARS • AUGUST24,1995 Page26 Q Revisions Date o)COto �C\2o U �° o rn _ vi C CO �--I CO CO r3 o L 2E m 0 n O._O3m Eo o`er c py - o a ou o m« o O d O Cp c y c° 4 v$ m 'o0mu- 2 m V T m .0p 0. m$ y O p L L 'pO SJJOm C m y W L L C m V p U p p 1 O p` 6 l p C f' J w C tl uy`o.� ,mm oa ca Ta s Do — 0 c L v o p- m m O 00,CO202 Q +� $ o m 9 $ $ E_ L yp o o .. n L C 2 S' N L y 0p tlO p U O L V p C L mL'dq LY ;mp E c o m J p G o 0 YT C 0 T O Q 9 p C L O c m u o E m P m n od W 0 0 Drawn ML Check ML Date 03/25/97 Scale Job No. 951207 File FJAUD101 0 EXffiBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR A. General Plan Amendment No. 95-1(D) and Local Coastal Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted, intensity of development; B. Amendment No. 823 to amend the San Diego Creek NorWamboree MacArthur Planned Community District Regulations; C. Use Permit No. 3565 to allow the establishment of an automobile dealership on the property, D. Traffic Study No. 108; an amendment to E. Development Agreement No. 6 (CIOSA); approval of F. Development Agreement No. 9; and the acceptance of an Environmental Impact Report. /M7 A General Plan Amendment No 95-1 DU and Local Coastal Program Amendment No. 39 to designate the property for Retail and Service Commercial use and establish the permitted intensity of development• B. Amendment No 823 to amend the San Diego Creek North/famboree MacArthur Planned Community District Regulations• C. Use Permit No 3565 to allow the establishment of an automobile dealership on the propeM, D. Traffic Study No 10& an amendment to E. Development Agreement No 6 CIOSA); approval of F. Development Agreement No. 9• and the acceptance of an Environmental Impact Report. Findin s: That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major,"primary-modified,' or'primay street. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on twelve of the eighteen study intersections and that the ICU analysis for six of the eighteen intersections indicates an acceptable ICU value of less than 0.90. Conditions: FLETCHER JONES MOTORCARS AUGUST 24,1995 Page a TABLE OF CONTENTS Paste No. Introduction 1 Section I General Notes 4 Section II Permitted Uses 5 List of Figures • Figure I General Site Location 2 Figure II Land Use Plan 3 Figure III Statistical Analysis 7 INTRODUCTION PURPOSE AND INTENT The San Diego Creek North and Jamboree/MacArthur Planned Community (P-C) Districts Regulations have been developed in compliance with the City of Newport Beach General Plan. This P-C has also been developed pursuant to Chapter 20.51 of the Newport Beach Municipal Code. The intent of these District Regulations is to provide for the retention of the sites as open space and public facilities areas with selected permitted uses. RNG 18 195 09:11 HRRRIS I IN A PROJECT DATA OWNER: CIVIL ENGINEER: (SURVEYOR: (ARCHITECT: LANDSCAPE ARCHITECT: (ADDRESS: (ZONING: IOCCUPANCY: (CONSTRUCTION TYPE: (LEGAL: KLNT )t P.02 i FLETCHER JONES MANAGEMENT GROUP 1301 QUAIL STREET NEWPORT BEACH, CA. 92660 (714) 833-9300 K.W. LAWLER & ASSOCIATES 2832 WALNUT AVE., SUITE A TUSTIN, CA. 92680 (714) 730-0401 ASL CONSULTING ENGINEERS ONE JENNER ST., SUITE 200 IRVINE, CA. 92118 (714) 727-7099 _HARRIS, PETTETT & RENT, ARCHITECTS, 2120 MAIN ST., SUITE 230 HUNTINGTON BEACH, CA. 92648 (714) 536-0300 (714) 960-9394 FAX STEPHEN J. MALEFYT 3434 VIA LIDO, SUITE 250 NEWPORT BEACH, CA. 92663 (714) 675-2154 NOT ASSIGNED RWAM TYPE II SPRINKLERED INC 0 NEW�Rr CITY OF NEWPORT BEACH Hearing Date: August 24, 1995 O� @� PLANNING\BUILDING DEPARTMENT Agenda Item No.: 3 53w NEWPORT BOULEVARD Staff Person: Patricia Temple NEWPORT BEACH, CA 9269 (714) 644-3228 (714) 644 V2 ; FAX (y4) 644 3250 Appeal Period: automatic REPORT TO THE PLANNING COMMISSION SUBJECT: Fletcher Jones Motorcars (Fletcher Jones, Jr., applicant) 3300 Jamboree Road, Newport Beach SUMMARY: The applications being considered will, if approved allow for the development of a new facility for Fletcher Jones Motorcars - Mercedes Benz. In addition to new and used car sales and leasing, the dealership will offer auto service, including body work, a parts department, customer lounge, and boutique retail sales areas. A substantial amount of the auto storage areas are enclosed in a parking structure. REQUESTED ACTION: If desired, recommend City Council approval of: Certification of EIR No.155, (Public Hearing); General Plan Amendment No. 95-1(D), (Public Hearing); Local Coastal Program Amendment No. 39, (Public Hearing); Amendment No. 823, (Public Hearing); Traffic Study No. 108; (Public Hearing); Use Permit No. 3565; (Public Hearing); Development Agreement No. 6 (CIOSA);(Public Hearing), Development Agreement No. 9, (Public Hearing). procedures are set forth in Council Policy S-1 and K-3, Title 20 and Title 15 of the Newport Beach Municipal Code. Appropriateness of the Proposed Use/Neighborhood Compatibility: Does the automobile sales facility represent the most appropriate use of the property, and would the project be compatible with surrounding neighborhoods. 2. Potential Loss of Public Facilities: Will the change in the Zoning designation for this site, which currently provides for: open space, a potential fire station, as well as a Park and Ride station contribute to a loss of public services. 3. Fiscal Implications: What are the fiscal implications of the proposed project. FLETCHER JONES MOTORCARS' .�'.N •1"1� ..1� 11.11.1.. rm The subject property is currently an undeveloped site in the San Diego Creek North and Jamboree MacArthur Planned Community. To the north of the subject property is the Corona Del Mar Freeway corridor and easterly of the site across Jamboree Road is the Bayview Planned Community which is developed with a high-rise hotel and mid -rise office buildings. To the south of the site is the proposed extension of Bayview Way, with a wetland mitigation area (for the TCA) and the San Diego Creek Channel beyond, and is bounded on the west by the San Joaquin Hills Transportation Corridor that is currently under construction. PLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 2 ANALYSIS SUMMARY -KEY ISSUES 1. Appropriateness of the Proposed Use/Neighborhood Compatibility: The site has been designated for some form of commercial development since the General Plan was adopted in 1972. It is located in a triangle which is highly impacted by local arterial and regional transportation facilities. It is this highly visible location which makes the site desirable for the proposed use. From a land use standpoint, the use proposed for the site is compatible with the surrounding area, since its isolation from sensitive land uses will minimize land use conflicts. 2. Potential Loss of Public Facilities: The primary issues associated with the amendment to the CIOSA agreement are loss of a site for a fire station and a park -and -ride facility, the primary uses identified for the site if it came into public ownership. In terms of the fire station, the site has been considered for an additional facility to improve levels of service in the most northerly parts of town. It is not, however, considered optimal from the point of view of the Fire Department. This Department is looking for a site which will either serve both the east and west side of Newport Bay and/or allow for the relocation of an existing facility to improve service while not increasing the total number of -fire stations serving the City. This site does not allow for the accomplishment of these goals. Therefore, the loss of the site as a fire station site is not considered significant by staff. A park -and -ride facility was also identified as a possible use of the property. This use was considered due to the location of the site in close proximity to the high occupancy vehicle (HOV) access lanes of the San Joaquin Hills Transportation Corridor (SJHTC). This loss should be considered by the Planning Commission in making its decision on this project. However, it should be noted that a park -and -ride facility in this location could be questioned, as it is within a major employment center. Most facilities of this nature are located in close proximity to residential concentrations, to gather and bring people to employment areas. Therefore, the loss of a park -and -ride location in this area is not considered significant. 3. Fiscal Implications: Subsequent to the approval of the CIOSA Agreement, the City's fiscal situation has become strained. The City became very aware that preservation of all sources of revenue is a priority. At the same time, the City became aware that Fletcher Jones Motorcars was considering relocation to alternate sites in the City of Irvine. This would have significant impacts to the fiscal health of the City, since this business is the eighth highest revenue generator in the City. The City quickly sought out sites within the City which could be used by for an automobile dealership meeting the criteria established by Mr. Ted Jones. The San Diego Creek North site was identified as having sufficient size and appropriate location to accommodate the needs of Fletcher Jones Motorcars, and would, therefore, keep this significant business in the City of Newport Beach. For the information of the Planning Commission, the 1994 revenue associated with the existing automobile dealership was approximately $569,000, including property, sales and business taxes. An estimate of the City's services costs for the business is approximately $165,000. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page ANALYSIS OF REQUESTED APPROVALS A. Environmentd 1mnact Renort No. 155 COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, a Draft Environmental Impact Report (DEIR) has been prepared to evaluate the potential environmental effects of the proposed project. The DEIR was published on June 19th for a 45-day public review period that extended through Thursday, August 3, 1995 Copies of the DEIR were distributed to the Commission previously, and were also made available to all interested parties without charge. According to standard City policy, the DEIR was prepared by City staff and consultants selected and directly managed by City staff The DEIR concludes that if the proposed mitigation measures are adopted, the project would not cause any significant environment effects in all analysis areas, which the exception of that listed below: • The project will contribute to the cumulative loss of open space in the region. 13 & C General Plan Amendment No. 95-1(D) and Local Coastal Program Amendment No. 39 Proposed is an amendment to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to redesignate the site from Administrative, Professional and Financial Commercial (APF) to Retail and Service Commercial(RSC). The development intensity for the site would also be changed from 112,000 ,sq.ft. of allowable development to a Floor Area Ratio of 0.5/0.75, consistent with other RSC designated areas in the City. Should the Planning Commission wish to recommend to the City Council the approval of these Amendments, draft Resolutions have been provided. D. Amendment No. 823 An amendment to the adopted Planned Community District Regulations for the San Diego Creek North and Jamboree/MacArthur has been requested to establish Area No. 4 and to revise the permitted uses allowed within that area, to establish an automobile sales facility, subject to the securing of a use permit. The proposed change in permitted uses. A strikeout and underline copy of the proposed amended Planned Community District Regulations is attached for the Commission's information. Should the Planning Commission wish to recommend to the City Council the approval of Amendment No. 823, the adoption of the attached Resolution is suggested. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page R Traffic Studv No. 108 As required by the City's Traffic Phasing Ordinance, a traffic study was prepared for the proposed project. Based upon the information contained in the study, the project will cause an increase in an already unacceptable level of service at two intersections (Jamboree Road/Bristol Street South and Campus-IrvineBristol Street South). The Traffic Phasing Ordinance provides that reasonably foreseeable future improvements that affect the study area be included in the TPO analysis. There are three programmed improvements in the City which will have a direct benefit in reducing project impacts. These improvements are fully funded, and are scheduled for completion prior to or the same time as project occupancy. These are improvements to Birch Street -Mesa Drive, the construction a connection between SR- 55 and SR-73 (Connector "D"), and an intersection improvement at Jamboree Road/Bristol Street South. With these improvements the project meets the criteria of the Traffic Phasing Ordinance. On a long-range basis, however, there will be a cumulative impact to the intersection of Jamboree Road/Bristol Street North. A mitigation measure has been included which will require a fair share contribution to the future improvement of this intersection. F. Use Permit No. 3565 A Use Permit is required for the establishment of an automobile facility subject to the approval of the General Plan. Amendment to the San Diego Creek North Planned Community Fletcher Jones Motorcars is proposing to relocate their existing automobile sales and service facility, located at 1301 Quail Street, Newport Beach, and to develop a currently vacant site located at 3300 Jamboree. The proposed development will include a 3-story, 89,000 square foot parking structure for visitor and employee parking, automobile sales, parts department, service department, automobile showroom display area, employee lounge, related offices, and outdoor display areas. Also included is a 1,800 square foot food establishment located within the interior of the building for the convenience of customers and employees. RZTCHER JONES MOTORCARS AUGUST24,1995 Page 5 Proiect Development Characteristics Table Hours Land Area: Proposed Gross Structural Area - Proposed Enclosed Parking Area TOTAL ENCLOSED SQ. FT. Enclosed Parking Structure Ground Level Middle Level TOTAL ENCLOSED PARKING Roof -Top Parking sq.ft. Total Canopies and Open Decks - sq.ft. Parking Spaces Provided: Customer Parking Service Parking Employee Parking Body Shop Parking Vehicle Storage Vehicle Display TOTAL PARKING SPACES HEIGHT LIMIT Key Issues Lighting and Illumination 6:00 a.m. to 10:00 p.m., daily 419,483 sq. ft. 155,000 sq.ft. 38,000 sq.ft. 51,000 sq.ft. :•� 63,500 sq.ft. 21,460 sq.ft. 39 spaces 245 spaces 100 spaces 78 spaces 154 spaces 280 spaces 900 spaces 32 feet The subject property is located on property that is situated a sufficient distance from residential development so that lighting would not adversely impact in the vicinity. Staff has included appropriate conditions of approval to insure that the lighting system will be designed and maintained in such a manner as to eliminate light and glare onto adjacent properties. FLETCHER JONES MOTORCARS AUGUST 24,1995 Page6 Exhibit "A" are suggested. Should the Planning Commission be of the opinion that the proposed facility is not compatible with the surrounding neighborhood and the loss of a potential site for public facilities or a fire station is not off -set by the benefits of the proposed project. PLANNINGMUILDING DEPARTMENT a Patricia Temple Advance Planning Manager Attachments: Exhibit "A" Resolution Recommending Approval to the City Council of General Plan Amendment No. 95-1(D) Resolution Recommending Approval to the City Council of Local Coastal Program Amendment No. 39 Resolution Recommending Approval to the City Council of Amendment No. 823 Strikeout and Underline of San Diego Creek North and 7amboreeAUcArthur Planned Community District Regulations Resolution Recommending Approval to the City Council the 1st Amendment to Development Agreement No. 6 (CIOSA) with attachment Resolution Recommending Approval to the City Council of Development Agreement No. 9 with attachment Exhibit `B" Appendix "A" - detailed analysis CIOSA Agreement Response to Comments of EIR No. 155 Previously Distributed to the Planning Commission: Draft Environmental Impact Report No. 155 FLETCHER TONES MOTORCARS AUGUST 24,1995 Page EXHIBIT "A" FINDINGS AND CONDMONS OF APPROVAL Fletcher Jones Motorcars EIR No.155 General Plan Amendment No. 95-1(D) Local Coastal Program Amendment No. 39 Amendment No. 823 Traffic Study No.108 Use Permit No. 3565 Development No. 6 (CIOSA) Development Agreement No. 9 A. Environmental InmactReport No. ISS. Findin s: That an Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the proposed Final EIR, which includes the Draft EIR, Comments and Responses, revisions to the Draft EIR, and all related documents in the record is complete and adequate to satisfy all the requirements of CEQA for the proposed project. That the analysis and conclusions contained in the proposed Final EIR reflect the independent judgment of the Planning Commission. 4. That the Planning Commission has reviewed and considered the information contained in the proposed Final EIR prior to making its recommendations to the City Council. MtiQation Measures: Prior to issuance of a grading permit, the grading -contractor shall identify a spoils site for deposition of exported material. Such spoils site shall have obtained CEQA clearance in accordance with the requirements of the local jurisdiction where the site is located. 2. As specified in the geotechnical report prepared for the site (Pacific Soils Engineering, Inc., May 1995), all loose, compressible natural soils and/or loose, compressible on -site fill soils should be removed from fill areas where exposed at final grade and replaced with compacted fills in accordance with the recommendations of the geotechnical engineer. All grading should be accomplished under the observation and testing of the project soils engineer and engineering geologist in accordance with the recommendations contained in FLETCHER JONES MOTORCARS AUGUST24, 1995 Page 9 the project geotechnical report, the current grading ordinance of the City of Newport Beach and earthwork specifications contained in Appendix F of the geotechnical report. The site preparation recommendations outlined in section 5.3 of the geotechnical report shall be followed. 3. Prior to issuance of a grading permit, the applicant or successor in interest shall demonstrate to the City of Newport Beach Building Department that all facilities will be designed and constructed as specified in the City adopted version of the Uniform Building Code. 4. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for grading permit shall be accompanied by a grading plan and specifications and supporting data consisting of soils engineering and engineering geology reports or other reports if required by the building official. 5. The grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 6. The grading plan shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 7. An erosion, siltation and dust control plan shall be submitted prior to issuance of grading permits and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 8. The velocity of concentrated run-off from the project site shall be evaluated and erosive velocities controlled as part of the project design. 9. Grading operations and drainage requirements shall meet the standards set forth in the City's Building Code (Appendix Chapter 70 - Excavation and Grading, Sections 7001- 7019) and the Building Department's General Grading Specifications. 10. The erosion control measures shall be completed on any exposed slopes within thirty days after grading, or as approved by the Building Department. 11. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, containing excavated soil on -site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 12. Prior to the issuance of any building permits a specific soils and foundation study shall be prepared and approved by the Building Department. 13. Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a geotechnical consultant to verify the low potential for liquefaction. FLETCHER JONES MOTORCARS AUGUST 24,1995 Page10 The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. 14, Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the Building Department prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. 15. All fill slopes shall be properly compacted during grading in conformance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted, with vegetation upon completion of grading. Conformance with this measure shall be verified by the Building Department prior to the issuance of occupancy permits. 16. Berms and brow ditches shall be constructed to the satisfaction and approval of the Building Department. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the Building Department prior to issuance of grading permits. 17. Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect and approved by the Building Department for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the Building Department. 18. Prior to the issuance of grading permits, written recommendations for the mitigation of compressible/collapsible soil potential for the project site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site -specific tentative tract maps and grading plans to the satisfaction of the Building Department. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, could include: removal and recompaction of identified compressible/collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other FLETCHER JONES MOTORCARS &OUST 24, 1995 Page 11 recommended measures. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the Building Department. 19. Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and/or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building, permits. The geotechnical consultant's site -specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the Building Department. 20. The project geotechnical consultant and/or civil engineer shall prepare written site -specific reviews of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions and recommendations regarding near -surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the site and properties adjacent to the sites if dewatering is recommended. The geotechnical consultant and/or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil engineer and shall be completed to the satisfaction of the Building Department prior to issuance of a grading permit. 21, Prior to issuance of any grading permit, an erosion, siltation, and dust control plan shall be submitted, and shall be subject to the approval of the Building Department. 22. Prior to the issuance of any grading permit, the design engineer shall verify that the discharge of surface runoff from development of any site will be performed in a manner so that increased peak flows from the site will not increase erosion immediately downstream of the system. As part of this review, the velocity of concentrated runoff from the project shall be evaluated, and erosive velocities controlled as part of the final project design. This report shall be reviewed by the Planning Department and approved by the Building Department. 23. Erosion control measures contained in the erosion siltation and dust control plan shall be implemented on any exposed slopes within 30 days after grading, or as otherwise directed by the Building Department. 24. Any existing on -site drainage facilities shall be improved as required, or updated concurrent with grading and development, to the satisfaction of the Public Works and Building Departments. Improvement plans shall be approved by the Public Works Department prior to issuance of a grading permit. 25. Prior to the issuance of grading permits, the applicant (or applicant's grading contractor) shall provide to the Building and Public Works Departments haul route plans that include FLETCHER ]ONES MOTORCARS AUGUST 24, 1995 Page12 a description of haul routes, access points to the sites, and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be re- viewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. 26. Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and operations to the satisfaction of the Build- ing Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. b. Airborne and vehicle borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils and the moistening of vehicles loads. C. An approved material such as riprap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the topsoils in areas of concentrated runoff. 27. Prior to the issuance of grading permits, the project geotechnical consultant and/or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right-of-way diversions (i.e., berms or swales) located at disturbed areas or graded right-of-ways. The plan will be approved by the Public Works and Building Departments, and implemented during grading and construction activities. 28. The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehi- cles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than 50 feet. The entrance plans shall be reviewed and approved by the Public Works and Building Departments concurrent with review and approval of grading plans. 29. The applicant shall construct filter berms or other approved devise for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right- of-ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the Public Works and Building Departments. 30. During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 13 failure would lead to loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the Building Department. 31. Notice of Intent. Prior to the approval of a grading permit, the project sponsor shall submit a Notice of Intent (NOI) with the appropriate fees for coverage of the project under the General Construction Activity Storm Water Runoff Permit to the State Water Resources Control Board at least 30 days prior to initiation of construction activity at the site. The NOI shall include information about the project such as construction activities, material building/management practices, site characteristics, and receiving water informa- tion. As required by the General Construction Permit, the project shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP), including inspection of stormwater con- trols structures and pollution prevention measures. The SWPPP shall be implemented concurrent with the beginning of the construction activities, and the plan shall be kept on site. 32. Structural BMP Controls. Prior to the issuance of any Grading Permit, the project proponent shall ensure that the project includes implementation of appropriate structural Best Management Practices (BMPs) to reduce the extent of pollutants in stormwater flows from the site. Said structural BMPs shall meet the approval of the Public Works Department. The following structural BMPs are suggested for consideration at the pro- ject site: Grassed or landscaped swales Reduction in the amount of directly connected impervious area (DCIA) Inlet trash racks or bars Filter strips. Maintenance of the selected structural BMPs will be required throughout the life of the project to ensure proper operation. 33. Non -Structural BMP Controls. Prior to the issuance of certificates of use and occupancy, the project proponent shall submit an operations plan that ensures that the project operation shall include non-structural BMPs, including the following: Periodic cleaning (i.e., street sweeping) Routinely cleaning on -site storm drain manholes and catch basins Source control surveys of all on -site industrial facilities IES MOTORCARS AUGUST24, 1995 Page 14 Controlling washdown of non-stormwater discharges from project development facilities Providing information to employees on disposal of waste oil, grease, and pesticide containers Carefully controlling pesticide and fertilizer usage Providing covered areas for trash receptacles, or enclosed features to prevent direct contact with precipitation Efficient landscaping irrigation Common area litter control Housekeeping of loading docks. All non-structural BMPs shall meet the approval of the Public Works Department. 34. Water Quality Management Plan. Prior to the issuance of any building permit, consistent with the Drainage Area Management Plan (DAMP) prepared by the County of Orange for compliance with their municipal storm water NPDES permit requirement, the project proponent shall prepare a Water Quality Management Plan (WQMP). Said WQMP shall meet the approval of the Public Works Department. The WQMP shall indicate the proposed structural and non-structural, permanent stormwater quality control measure to be utilized for the project, shall identify the potential pollutant source on the project, and shall describe how the project implements the objectives outlined in the DAMP. 35. Prior to issuance of a grading permit, the final plan of water, sewer and storm drain facilities shall be approved by the Public Works Department. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving agency. 36. Prior to approval of building permits, the project should contribute, on a fair share basis, towards the cost of the improvement at the intersection of Jamboree Road/Bristol Street North. Said contributions shall meet with the approval of the Director of Public Works. 37. Standard dust control practices dictated by SCAQMD Rule 403 shall be followed. 38. The applicant shall specify the use of concrete, emulsified asphalt, or asphaltic cement, none of which produce significant quantities of VOC emissions. 39. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. FUTCHER JONES MOTORCARS AUOUST24, 1995 Page 15 40. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said installations shall be sound attenuated so as not to exceed 55 dBA at the property line. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustics, and shall be approved by the Planning Department. 41. Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, construction adjacent to existing residential development shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, and 8:00 a.m. through 6:00 p.m. on Saturday. Con- struction shall not be allowed outside of these hours Monday through Saturday or at any time on Sundays and federal holidays. Verification of this shall be provided to the Planning Department. 42. Final project design will include measures to buffer the project from adjacent wetland areas, including the SMC mitigation site and the existing wetland adjacent to the southeast corner of the project. The final buffer design shall be approved by the California Department of Fish and Game and the California Coastal Commission. While a combination of landscaping and the presence of the Bayview extension may be considered adequate to buffer the project from the SJHTC mitigation site, additional measures will likely be required for the nearer existing wetland site. Design measures to be considered include a five foot high concrete block wall or equivalent barrier that will preclude human access from the project site and reduce the effects of human activity. 43. Impacts resulting from the use of non-native, invasive plant species will be mitigated by developing a landscape plan that avoids the use of non-native invasive plants. A landscape plan prepared with consideration of the following information must be approved by the City prior to the issuance of building permits: Prohibited Species All non-native plants that are potentially invasive via airborne seeds, or that are particularly difficult to control once escaped, will be prohibited from all parts of the project. Such species include, but are not limited to, the following: Tree -of -heaven (Ailanthus spp.) Giant reed (Arundo donax) Garland chrysanthemum (Chrysanthemum coronarium) Pampas grass (Cortaderia spp.) Brooms (Cytisus spp.) Bermuda buttercup (Oxalis pas-caprae) Fountain/Kikuyu grass (Pennisetum spp.) German ivy (Senecio mikanoides) Tamarisk (Tamarix spp.). FLETCHER JONES MOTORCARS AUGUST24, 1995 Page 16 Permitted Species Some invasive, exotic species are known to be -controllable in well managed situations. Such species may be used in project landscaping if a City approved biologist approves the species and proposed use. For example, areas that are separated from existing wetland areas by a substantial area of paving could be planted with hybrid bermuda grass. Non- native, invasive species that could be used under these circumstances include, but are not limited to, the following: Hottentot -fig (Carpobrotus edulis)2 Bermuda grass (Cynodon dactylon)3 Myoporum (Myoporum laetum) Pepper trees (Schinus spp.) Cape Honeysuckle (Tecomaria capensis)' Periwinkle (Vinca spp.). 44. The effects of night lighting on adjacent natural areas, including the SJHTC mitigation site, will be reduced by the design of lighting that is either low intensity or highly directional. Prior to the issuance of building permits, a lighting plan shall be approved by the City, demonstrating that appropriate lighting will be installed for the display area, parking lots and areas adjacent to wetlands to minimize spillage into the habitat areas. The plan will include, but not be limited to, lighting directed onto the project site, and the use of soft light intensity fixtures. Prior to the issuance of any certificate of use and occupancy, the project proponent shall provide evidence, meeting the approval of the City, that the installed lighting meets the objectives of the plan. If necessary, shields on the back of lights or other screening shall be placed to cut off light beyond project area. 45. Prior to the issuance of grading permits for the project, a detailed Interim Habitat Loss Mitigation Plan (1HLMP) shall be prepared by the City and submitted to the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) for approval. The purpose of these measures is to increase the amount and quality of scrub habitat that can be utilized by the California gnatcatcher and other species that require this habitat. This will both compensate for the project induced loss of potential breeding habitat and increase the potential for wildlife movement by increasing the size of important populations. 2 Should be prohibited in areas adjacent to natural open spaces. 3 Hybrid Bermuda grass, which is sterile or produces only sterile seed, should be permitted in landscaped areas, when surrounded by an appropriate hardscape buffer or an apron of non-invasive plant species (to prevent vegetative spread into natural areas). FLETCHER JONES MOTORCARS AUGUST24, 1995 Page17 The specific habitat replacement and exotic weed removal measures discussed below are to be incorporated into the detailed IHLMP, although they may be modified with the approval of the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The detailed 1HLMP will include the following elements: Overview/Objective Plant Palettes and Planting Densities Planting Methods and Timing Site Preparation Exotic Weed Removal Irrigation Maintenance Performance Standards Monitoring Remedial Measures. The implementation of these measures will occur at the first feasible opportunity, with consideration of site preparation and plant propagule collection requirements. 46. An approximately 3.5 acre portion of the City owned property in the Big Canyon area adjacent to Upper Newport Bay shall be restored/converted to coastal sage scrub habitat. It is estimated that the additional habitat to be created is sufficient to increase the California gnatcatcher population by at least one pair. 47. As part of the Big Canyon restoration effort, the City will implement a three year program for the removal of pampas grass and myoporum from City property in the mouth of Big Canyon (Figure 4.7.2). The first year will concentrate on initial removal at an appropriate time of year, i.e., prior to seed formation. The following two years will consist of spot removal of new seedlings or root sprouts. 48. City Council Policy K-5 outlines the City's requirements with respect to archaeological resources. The following specific measures are recommended in conformance with Policy K-5. A. A qualified archaeologist shall be present during pregrade meetings to inform the project sponsor and grading contractor of the results of any previous studies. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. B. In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the project sponsor. FLETCHER JONES MOTORCARS AUGUST24, 1995 Page18 C. Prior to issuance of any grading or demolition permits, the applicant shall waive the provisions of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 49. Any sites uncovered shall be mitigated pursuant to Council Policy K-5. Where further testing or salvage is required, the applicant shall select a City approved, qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. 50. The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project to a local institution that has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropriate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. 51. A pre -grade reconnaissance of the area shall be made by a qualified paleontologist to assess whether any significant fossils currently are exposed. Any fossils observed and deemed significant shall be salvaged. 52. A qualified paleontologist shall be retained to monitor and, if necessary, salvage scientifically significant fossil remains. 53. The paleontologist shall have the power to temporarily divert or direct grading efforts to allow the evaluation and any necessary salvage of exposed fossils. 54. Monitoring shall be on a full-time basis during grading in geologic units of high paleontologic sensitivity. 55. Spot-checking of low sensitivity sediments shall be conducted by a qualified paleontologist. Should significant fossils be observed during grading in these units, full- time monitoring may be required. 56. All collected fossils shall be donated to a museum approved by the City of Newport Beach Planning Department. 57. A final report summarizing findings, including an itemized inventory and contextual stratigraphic data, shall accompany the fossils to the designated repository; an additional copy shall be sent to the appropriate Lead Agency. 58. A landscape screen and/or equivalent barrier shall be constructed along the northeastern project boundary to screen service areas from view from the Jamboree Road southbound on -ramp and from the bicycle trail that will parallel the on -ramp. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page19 59. Prior to approval of a grading permit, grading specifications for the project shall require the following to the satisfaction of the Building Department: a) All trash on the site shall be disposed of properly. b) Hazardous materials residue in the vicinity of the five gallon solvent can and the tar residue identified on the wood debris and soils shall be removed and disposed of properly. After removal of the debris, soils in the vicinity of the contaminated sites shall be tested to ensure proper cleanup, per the recommendations of the environmental remediation engineer. c) Creosote treated power poles shall be removed and properly disposed of properly upon relocation, per the recommendations of the environmental remediation engineer. d) Any abandoned septic tanks systems encountered during grading shall be disposed of properly, per City of Newport Beach. requirements. require 60. Prior to the approval of a grading permit, the project proponent shall determine the appropriate method of wastewater disposal to the satisfaction of the Public Works Department. 61. If disposal through a septic tank system is selected, the project proponent shall construct the system in compliance with "On -Site Sewage Absorption System Guidelines" prepared by the Orange County Health Care Agency. Consistency with said guidelines shall be determined by the Public Works Department prior to issuance of a grading permit for any septic tank facilities. The septic tank shall be operated in a manner to avoid pollution of local groundwater supplies. B. General Plan Amendment No. 95-10: Adopt Resolution No. recommending City Council approval of GPA 95-1(D). C Local Coastal Program Amendment No. 39. Adopt Resolution No. recommending City Council approval of Local Coastal Program Amendment No. 39. D. Amendment No.823: Adopt Resolution No. recommending City Council approval of Amendment No. 823. 1ES MOTORCARS AUGUST 24, 1995 Page 20 E. Traffic Study No. 108. Findin s: That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major,'primary-modified,' or'primary' street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the nineteen study intersections and that the ICU analysis for five of those six intersections indicates that the resulting ICU is not made worse and is not considered a significant impact. Conditions: That per the Traffic Phasing Ordinance (TPO) Analysis, no significant project impacts are identified. Currently scheduled and fully -funded project will be completed prior to or at project occupancy to off -set any project impacts. 2. That in the General Plan buildout, the project contributes towards a significant impact at the intersection of Jamboree Road/Bristol Street North. That the project should contribute, on a fair share basis, towards the cost of the improvements identified at that project study area intersection. F. Use Permit No. 3565, Approve the use permit, making the following findings and with the following conditions of approval: Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That adequate on -site parking is available for the existing and proposed uses. 3. That the proposed development will not have any significant environmental impact. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That the Police Department has indicated that they do not contemplate any problems from the proposed operation. FLETCHER JONES MOTORCARS AUGUST 24,1995 Page 21 6. That the proposed use of roof top parking will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the city. 7. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 8. That adequate provision for vehicular traffic circulation is being made for the auto sales facility. 9. The approval of Use Permit No. 3565 will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and further that the proposed modification related to the proposed signing is consistent with the legislative intent of Title 20 of this Code. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That the required on -site parking be provided consistent with the approved site plan. 3. That all signs shall conform to the provisions of Chapter 20.06 of the Newport Beach Municipal Code. Said signs shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress.. 4. That the project shall comply with State Disabled Access requirements. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. That the intersection of the private drives at Bayview Way be designed to provide sight distance for a speed of 50 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight he shall not exceed twenty four inches in height. The sight distance requirement may be modified at non- critical locations, subject to approval of the Traffic Engineer. 8. That the applicant shall prepare a landscape plan to be approved prior to the issuance of Building Permits. Said plan shall be approved by the Public Works Department, Planning Department, and the General Services Department. 9. That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. FLETCHER JONES MOTORCARS AUGUST 24,1995 Page22 10. That all vehicular access rights to Jamboree Road be released and relinquished to the City of Newport Beach. 11. That County Sanitation District fees be paid prior to issuance of any building permits. 12. That the construction of the Bayview Way improvements be in accordance with the agreements between the City of Newport Beach and Fletcher Jones Motor Cars. That a sidewalk be constructed along the Jamboree Road frontage. All work within the public right- of-way shall be completed under an encroachment permit issued by the Public Works Department. 13, That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 14. That a drainage plan be prepared by the applicant and approved by the Public Works Department. Any modification or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 15. That the Edison transformer serving the site be located outside the sight distance planes as described in City Standard 110-L. 16. Disruption caused by construction work along roadways, and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Jamboree Road right-of-way. 17, That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 18. That the developer obtain permission from the Metropolitan Water District and Mesa Consolidated Water District to construct within their easements. 19. That the raised island nose at the entrancelexit shall be pulled back so that it is entirely on private property. 20. That the landscaping at the entrance shall conform to City sight Distance Standard No. 110-L 21. That HC (handicap) parking be shown on the parking plan and that adequate customer and employee parking be provided to current City standards. All handicap parking shall be designated with a sign and pavement marking. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 23 22. That the monument signs, slopes, walls and landscaping along the Jamboree Road frontage shall be considered in the site distance requirements. The Bayview Way and Jamboree Road intersection shall be designed to provide sight distance of 50 miles per hour. 23. That all unloading and loading ofvehicles shall be done on -site. 24. That site access shall be provided for emergency access per City Fire/Marine and Public Works standards. 25. That on -site fire hydrants shall be provided as required in the Uniform Building Code and Fire/Marine standards. 26. That all buildings shall be fully sprinklered per NFPA 13 and Fire/Marine standards. 27. That the applicant shall provide fire protection equipment and devices associated with special hazards presented in design of the facility and protect those hazards as prescribed in the Uniform Building Code and nationally recognized standards as approved by the Fire/Marine Departments. 28. That all automobile servicing, repair, washing and detailing shall be conducted within the building. 29. That all wash water shall drain into the sanitary sewer system and that grease traps shall be provided in all drains where petroleum residues may enter the sewer system, unless otherwise approved by the Building Department and the Public Works Department. 30. That the illumination of any open automobile display area or roof top parking area shall be designed and maintained in such a manner as to eliminate direct light and glare on adjoining properties southerly and westerly of the site. A timing device shall turn off any light facing towards the residential properties or neighboring properties at 10:00 p.m. every night. Said design features shall be incorporated into a lighting plan prepared and signed by a Licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, that these requirements have been met. That the lighting and illumination plan for the roof top parking area.shall be subject to the approval of the Planning Director. 31. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation unless otherwise approved the Planning Department. 32. That no windshield signs shall be permitted, and that all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 33. That no banners, pennants, balloons, wind signs, moving signs, or flashing or animated electrical signs shall be displayed. 34. That a Use Permit shall be required for the establishment of a restaurant that is open to the general public, within the facility. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page24 35, That the project comply with the Uniform Building Code, disabled access, and energy regulations. 36. Health Department approval is required for the food establishment located within the project. 37. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 38. That all employees shall park on -site. 39. That the hours of operation shall be limited between 6:00 a.m. and 10:00 p.m. daily. 40. That all trash areas shall be screened from adjoining properties and streets. 41. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 42. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 43. That Coastal Commission approval shall be obtained prior to issuance of any grading or building permits unless otherwise approved by the Public Works Department and the Planning Department. 44. That 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. 45. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. G. Development Arreement No. 6 (CIOSA): Adopt Resolution No. recommending City Council approval of Revisions to Development Agreement No. 6. H. Development Agreement No. 9: Adopt Resolution No. recommending City Council approval of Development Agreement No. 9. FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 25 LOCATION: 3300 Jamboree, that portion of Lot 146, Block 51, of Irvine's Subdivision, as shown a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California and that portion of Lot 145, Block 50, of Irvine's Subdivision, as shown a map recorded in Book 1, Page 88 of Miscellaneous Maps, Records of Orange County, California ZONE: PC APPLICANT: Fletcher Jones, Jr., OWNER: City of Newport Beach Environmental, Compliance (California Environmental Quality Act) In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, a Draft Environmental Impact Report (DEIR) has been prepared to evaluate the potential environmental effects of the proposed project. The DEIR was published on June 19th for a 45-day public review period that extended through Thursday, August 3, 1995 Copies of the DEIR were distributed to the Commission previously, and were also made available to all interested parties without charge. Detailed responses to each comment letter received during the public review period will be provided to the Commission prior to the public hearing. Responses to late comments will also be provided within a reasonable time after receipt of the comments. Since this property is located in the Coastal Zone, Coastal Commission approval will be required prior to issuance of any building or grading permits. Summary Response to the Key Issues Detailed Traffic Analysis A traffic study was required to determine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine the consistency and conformity of the project with the City's Circulation Element. The City Traffic Engineer identified the following nineteen (19) intersections for detailed evaluation in the traffic study. 1. Jamboree Road/Campus Drive 2. Jamboree RoadBristol Street North FLETCHER JONES MOTORCARS AUGUST 24, 1995 Page26 3. Jamboree Road/Bristol Street South 4. Jamboree RoadMayview Way 5. Jamboree Road/University Drive 6. Jamboree Road/Bison Avenue 7. Jamboree Road/Ford Road 8. Jamboree Road/San Joaquin Hills Road 9. Jamboree Road/East Coast Highway 10. MacArthur Boulevard/Calnpus Drive 11. MacArthur Boulevard/Jamboree Road 12. MacArthur Boulevard/ Bison Avenue 13. MacArthur Boulevard/Ford Road 14. MacArthur Boulevard/San Joaquin I -Ells Road 15, MacArthur Boulevard/East Coast Highway 16. Campus Drive/ Bristol Street North 17. Campus Drive/ Bristol Street South 18. Birch Street/Bristol Street North 19. Birch Street/Bristol Street South The first step in evaluating an intersection's traffic volume capacity, based on a General Plan Buildout, is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects that the City has granted approvals. If the project's generated' traffic is less than one percent traffic volume on all approach segments to the selected intersections during the projected peak 2-1/2 hour volume in either the morning or afternoon, then the projects traffic impact is considered insignificant and in compliance with the City's Traffic Phasing Ordinance requirement. In the event that the project's generated traffic exceeds the one percent traffic volume analysis on any approach leg to any of the selected intersections, then further analysis would be required which consists of Intersection Capacity Utilization (ICU) analysis. The one percent traffic volume test was applied to the selected intersections and six of the intersections exceeded the maximum one percent volume test. The intersection of Jamboree Road/Bristol Street North, Jamboree Road/Bristol Street South, Jamboree RoadBayview Way, Jamboree Road/University Drive, Jamboree Road/Bison Avenue, Jamboree Road/Ford Road, Jamboree Road/San Joaquin Hills Road, Jamboree Road/East Coast Highway, MacArthur Boulevard/Jamboree Road, MacArthur Boulevard/ Bison Avenue, MacArthur Boulevard/San Joaquin ITills Road and Campus Drive/ Bristol Street South exceed 1% of the intersection traffic volume; therefore, further ICU analysis for these intersections became necessary. As required by the TPO implementation guidelines, critical intersections, where project volumes exceed the one percent test volumes, will need mitigation if the project causes an intersection to exceed an ICU of 0.90 or makes worse an intersection that already exceeds the 0.90 threshold during the a.m. or p.m. peak hour. The ICU analysis worksheets for the 12 intersections examined in the City of Newport Beach are presented in Appendix `B" of the Traffic Study which was included with.the EIR. The ICU analysis indicates that eight of the twelve intersections will not exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions. These intersections are PLETCHER JONES MOTORCARS AUGUST 24, 1995 Page 27 located at Jamboree RoadBristol Street North, Jamboree Road/Bayview Way, Jamboree Road/University Drive, Jamboree RoadBison Avenue, Jamboree Road/Ford Road, Jamboree Road/San Joaquin Hills Road, Jamboree Road/East Coast Iliighway and MacArthur Boulevard/ Bison Avenue and will operate at acceptable levels of service for both peak periods. The ICU analysis indicates that two of the intersections will exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions. These critical intersections are located at MacArthur Boulevard/Jamboree Road, MacArthur Boulevard/San Joaquin Hills Road, however, will not make worse the intersections' ICU values and are not considered a significant project impact. The ICU analysis also indicates that the remaining two intersections will exceed the 0.90 ICU threshold value for the cumulative and existing plus cumulative plus project conditions and make worse by 0.01 or greater the ICU at the Jamboree Road/Bristol Street South and Campus Drive/ Bristol Street South intersections. The Traffic Study also indicates that the TPO guidelines provide that any reasonably foreseeable improvement projects which may affect the study area intersections be included in the TPO analysis. Therefore, improvements identified in the traffic study included in Volume H Appendices of the EIR indicate that forecasted improvements will reduce the project contribution at the intersection of Campus DriveBristol Street South intersection to a level below the "One -Percent" threshold and off- set any project contribution to the overall ICU value, thereby negating any project impacts at this intersection. Improvements at the intersection of Jamboree Road/Bristol Street South will reduce the ICU values of the a.m. and p.m. peaks to 0.83 and 0.85, respectively, well under the 0.90 threshold. Vehicular Access To The Site Access to the site will be provided from the proposed extension of Bayview Way from its existing terminus at Jamboree Road easterly for approximately 600 feet to the on site wetland area. The project, as proposed, would not encroach into the wetland area. The proposed roadway alignment would accommodate the future extension of Bayview Way (University Drive North) through the wetland area as depicted on the City of Newport Beach General Plan. The extension of this roadway is not a part of the project and is not considered necessary to accommodate the traffic anticipated to be generated by the proposed project. Restaurant Facility The attached floor plan also denotes an 1,800 square foot bistro within the subject automobile facility. At the time of this application, the applicant does not have definite plans for the type of food use to be established. Said food establishment shall be subject to the approval of a Use Permit if the applicant is desirous of opening to the general public. An appropriate condition of approval has been included in this report. FLETCHER JONES MOTORCARS AUGUST24, 1995 Page28 Reauired Parkin The Municipal Code and the San Diego Creek North /Jamboree - MacArthur Planned Community District Regulations do not contain any specific parking requirements for automobile sales facilities. The Planning Commission has traditionally required the provision of customer and employee parking at the same rate as would be required for general office uses. However, in this particular case, it is staff s opinion that 900 spaces would be adequate to serve the subject automobile sales facility. Proposed Height Limit The land formation of the proposed site is being altered to accommodate the proposed development. In order to obtain access from Bayview Way, site development will require the export of approximately 160,000 cubic yards of soil due to the fact that the site topography is currently too high to accommodate site access from the proposed Bayview Drive. Due to the large amount of exportation of soil involved, the new grade established on the site will be approximately 27 feet below the existing grades on the site. The proposed building for the automobile sales facility is approximately 32 feet in height with a 37 foot parapet wall located over the main showroom display area. It is staffs opinion that the proposed building is designed in accordance with Chapter 20.02 of the Municipal Code, in that, the measurement of height is measured from the site's existing elevations and contours and the new finished grade is substantially lower than the site's existing grades. 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