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HomeMy WebLinkAboutLamborghini_UP, DP, CS_2244 W Coast Hwy (PA2006-203)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item 4 July 19, 2007 TO: PLANNING COMMISSION FROM: Jaime Murillo, Associate Planner (949) 644 -3209, imurilloacity.newport- beach.ca.us SUBJECT: Lamborghini of Orange County 2244 West Coast Highway Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007 -004 (PA 2006 -203) APPLICANT: Vik Keuylian PROJECT SUMMARY The project consists of the demolition of an existing 15,780 square -foot, two -story office building and the construction of a new two -story, 19,930 square -foot vehicle sales facility. The following discretionary approvals are requested or required in order to implement the project as designed: 1. Use Permit No. 2006 -024 to allow the establishment of a new vehicle sales facility. 2. Development Plan No. 2007 -001 to review the new development for consistency with the adopted design policies of the Mariner's Mile Specific Plan and Design Framework. 3. Comprehensive Sign Program No. 2007 -004 for the review and flexible application of sign regulations for the project's proposed signage. RECOMMENDATION Staff recommends that the Planning Commission take the following action: 1. Adopt attached draft resolution approving Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007- 004 for the development of a new vehicle sales facility at 2244 West Coast Highway. t. ,! aD dM r� \ � f* • �to 4 4g r�.�is' r ♦. �, t� r ��j�� +! ►� of�, [ ; �\k �����..' r f _ r to 4Y �rMAf y; a �y u\ Lamborghini OC July 19, 2007 Page 3 General Plan Land Use Designation (Mixed-Use Horizontal) 40 PF lz� Cb 12. MU-H RT k MU-WI Zoning Designation (Mariner's Mile Specific Plan— Retail Service Commercial) ,,.*ST Reoreabonai marine Commer6all I Retail Sam" Commerical Specific Plan Boundary 0 250 5 Lamborghini OC July 19, 2007 Page 4 PROJECT DESCRIPTION The applicant is proposing to demolish the existing two -story, 15,780 square -foot, office building and construct a new two -story, 19,930 square -foot, vehicle sales facility. The structure will be located on the front half of the lot, similar to the existing office building, with a 46 -space surface parking lot located on the rear half of the lot. The building has been designed to comply with the 26 -foot height limit and will maintain a 17 -foot 3 -inch front yard setback on the second floor and a 22 -foot front yard setback on the first floor, as well as a 2 -foot side yard setback from the westerly property line, a 15 -foot 3 -inch setback from the easterly property line, and a 183 -foot 9 -inch setback to the rear property line. The building primarily consists of showroom floor area and will also provide office space, a retail boutique, two lounge areas, and a car detail area. The proposed accessory coffee bars and lounges total approximately 900 square feet and are intended to service the customers of the dealership only and will not serve alcohol or operate as a public eating and drinking establishment. Although the dealership will sell and perform a limited exchange of parts (i.e. boutique accessories, floor mats, shift knobs, etc.) for Lamborghini automobiles, the dealership will not service or repair any vehicles on -site. All service is proposed to be performed at the applicant's alternate dealership locations with service capabilities. Additionally, automobile detailing will be performed indoors within the detail bay area and are hand cleaned without the use of an exterior hose or pressure wash system. The dealership is proposed to operate on weekdays from 9:00 a.m. to 7:00 p.m. and on weekends from 9:00 a.m. to 5:00 p.m. Vehicle inventory will be delivered to the site individually on flat bed trucks during normal business hours. Vehicular access is provided to the site via a two-way driveway off the West Coast Highway right -of -way. Customer parking is located within the parking lot at the rear. Vehicle inventory will be stored within the indoor showrooms on both the first and second floor levels. Vehicles are elevated to the second floor level via a car lift located at the rear of the building. The interior showrooms function as the primary vehicle display area, which is achieved through the building design which utilizes a structural glass and steel structure system on the front fagade to create an unobstructed view of the showrooms and vehicles. Secondary vehicle display is also proposed on the second level balcony. The applicant has prepared plans and a color rendering of the project (Exhibit 2). Additionally, the applicant has requested the approval of a Comprehensive Sign Program (Exhibit 3) for the construction of a total of 3 signs. Identification wall signs are proposed on the west elevation and on the south elevation, and a freestanding monument sign is proposed along the project frontage. Lamborghini OC July 19, 2007 Page 5 Analysis General Plan The Land Use Element of the General Plan designates the project site for Mixed Use Horizontal (MU -H1) land uses. Per the Land Use Table, this designation is intended to provide for the horizontal intermixing of residential and commercial uses. More specifically, inland properties fronting Coast Highway in the Mariner's Mile Corridor shall be developed for marine - related and highway oriented general commercial uses in accordance with Recreational and Marine Commercial (CM) and General Commercial (CG) designations. The CM designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide and regional needs. Therefore, per the Land Use Table, the proposed vehicle sales facility is consistent with the permitted uses and development intensity established for the MU -H1 land use designation. It should be noted that the Land Use Element also establishes districts that are considered uniquely identifiable by their common functional role, mix of uses, density /intensity, physical form and character. Mariner's Mile is identified as such a district, which envisions a series of distinct retail, mixed -use, and visitor - serving centers for the area. Parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly extension of Irvine Avenue, are envisioned to evolve into a pedestrian- oriented mixed -use village containing retail businesses, offices, services, and housing, with properties directly fronting onto Coast Highway and east and west of the village providing for retail, marine- related, and office uses. Although a vehicle sales facility is clearly consistent and compatible with the existing commercial nature of the area and is considered a retail type use, such a use may not be considered preferred within the envisioned Mariner's Mile village concept. However, given the generality of permitted commercial uses within the MU -H1 land use designation, the absence of speck language precluding such a use, and the fact that the establishment of a vehicle sales only dealership in this location should not preclude the attainment of a village as envisioned by the district, staff would consider the project consistent with the General Plan. Potential nuisances or land conflicts should be considered as a housing development could be constructed adjacent to this project in the future; however, as discussed in more detail within the Use Permit findings discussion of this report, the operational character of this facility, in combination with the conditions of approval, land use conflicts and noise impacts should be minimized. Zoning The project is located within the Retail, Service & Commercial (RSC) land use designation of the Mariner's Mile Specific Plan (SP -5) District. Vehicle sales are a permitted use, subject to the approval of a Use Permit. The coffee bar and lounges are considered accessory uses and are permitted by right as they do not provide separate 0 Lamborghini OC July 19, 2007 Page 6 entrances, the hours of operation correspond with those of the dealership, and the total net public area of such uses are less than 1,500 square feet. The project complies with the basic SP -5 /RSC development standards related to setbacks, height, floor area, and parking as follows: Lot Size 10,000 sq. ft. minimum 40,032 sq. ft. existing Setbacks Front Minimum 50% of lot frontage — 22 feet Remaining % of lot frontage — 17 feet 66% of lot frontage provides a 22 -foot minimum setback 34% of lot frontage provides a 17 -foot minimum setback Side 0 2 feet Side 0 15 feet, 3 inches Rear 5 feet 183 feet, 9 inches (building) 5 feet arkin g lot Height 26 feet maximum 26 feet Floor Area 20,016 sq. ft. maximum 0.5 FAR 19,930 sq. ft. 0.497 FAR Bulk 30,024 sq. ft. maximum 21,620 s .ft Parking 41 spaces minimum 1/1,000 sq. ft. of lot area 46 spaces Additionally, the Mariner's Mile Specific Plan sets forth a number of specific development standards related to landscaping, signage, walls and fences, equipment, and vehicular access & lot consolidation. Compliance with these requirements is discussed below in detail in the Development Plan section of this report. Development Plan — Manner's Mile Design Framework Per Section 20.42.060 of the Zoning Code, new or substantially altered development within the Mariner's Mile Specific Plan District requires the approval of a Development Plan application. In order to approve a Development Plan application, the Commission must find the project consistent with the Mariner's Mile Design Framework and applicable ordinances and policies. The primary goal of the Design Framework is to encourage high quality designs that are responsive and sensitive to their surroundings. Additionally, specific landscaping and signage guidelines are identified and the use of nautical materials is encouraged. The applicant has provided a detailed narrative justifying their compliance with the guidelines and has been attached as Exhibit 4 for reference. The following discussion evaluates the proposed project as it relates to the major topics covered by the guidelines: ■ Lamborghini OC July 19, 2007 Page 7 1. Architecture — The Design Framework encourages responsible and sensitive designs that respect and "fit in" to the surroundings. The proposed building has been designed to comply with the basic height limit, FAR, and setback requirements of the SP -5 District and sited similarly to the existing office building that occupies the site currently, as well as the adjacent motel building. The guidelines also encourage the buildings to be designed as "five- sided" (walls and roof) and to respond to views from above. Sensitive to the views of the residential homes above, the roof and roof elements of the proposed building have been designed to be clean and smooth and will be painted to match the predominant building color. The mechanical equipment is located in a deep mechanical well that will screen the equipment from an angle, including the views from the residences above. Additionally, a trellis and white fabric awnings will screen the second floor deck areas and will provide some visual relief to the surface of the roof. 2. Site Planning Considerations — The guidelines encourage buildings to be oriented toward the street and to promote pedestrian connections and amenities. The proposed project has been designed close to the street frontage with parking screened behind the building at the rear of the lot. The large glass fagade of the building focuses attention on the exotic vehicle display areas inside the building, enhancing the visual interest of the front elevation to the public. The project has been designed free of visual obstructions to encourage pedestrians to visit and experience the dealership, or even just to view the vehicles from the sidewalk. Although, it should be noted that the primary entrance to the building is located towards the rear of the showroom, adjacent to the driveway, in a location that is clearly geared towards customers parked in the rear and not the casual pedestrian walking across the site. However, given that the proposed use is an exotic vehicle sales facility, sales will not be to pedestrians, but rather customers arriving at the site by car. 3. Landscaping — The Design Framework establishes speck landscaping requirements that have been incorporated within the Zoning Code, which makes compliance with standards mandatory. Three primary elements are required: 1) a minimum 4 -foot wide planter with a hedge and palm row at the back of sidewalk across the site; 2) interior parking lot landscaping; and 3) property line wall and median landscaping incorporating plant materials from a specific palette of species. The proposed landscape plan provides for a large planter area across the frontage of the property (with the exception of the driveway opening) and contains a continuous hedge of Japanese Boxwood and 4 Mexican Fan palms. The plan also provides 18 interior parking lot shade trees and proposes bougainvillea along the property line walls. Additionally, the landscaping has effectively been designed to screen the fire sprinkler risers and check valves located in the project frontage from the public view. Staff believes that the conceptual landscape plan is consistent with the landscaping requirements. lb Lamborghini OC July 19, 2007 Page 8 4. Palette of Colors, Materials and Details — The Design Framework recommends a basic color system where the base building color is neutral and is approximately 90 percent of the building. Contrasting trim elements, being light or dark, are to be no more than 10 percent of a building and accent elements with bright colors being up to 5 percent of the exterior of the building. The Design Framework also encourages the use of high quality building materials or other details of a nautical nature. The base building color as proposed is predominately a neutral grey with white trim around the second floor showroom. Accent elements include white fabric canopies and stainless steel building hardware and deck railing cables. The use of these accent elements are also consistent with the types of nautical materials recommended in the Design Framework. To further enhance the building's nautical design elements and to contribute to the visual character and feeling of Mariner's Mile, the applicant has proposed the use of embossed seagull sculptures within the building's wall finish around the building. 5. Lighting — The Design Framework states that the "lighting should be purposeful and respectful ". Lighting must be contained on -site using down lighting wherever possible and incorporate shielding. Parking lot lights cannot be taller than 20 -feet and "walpak" type fixtures are prohibited. The applicant intends to use recessed down light wherever possible at soffits, drive -thru, and at recessed areas of building. Security lighting along the exterior walls and parking lot lighting will be directed downward and will be shielded to provide zero light spillage onto adjacent properties and to eliminate glare to the residences above. The project has been conditioned so as to require a photometric study in conjunction with a final lighting plan for approval by the Planning Department prior to the issuance of building permits. 6. Signage — The Design Framework encourages the development of a Sign Program and establishes specific sign guidelines, which were also incorporated within the Sign Chapter of the Zoning Code. The applicant has proposed 3 signs for which a Sign Program has been requested. A detailed analysis on signage is discussed in the Sign Program section of this report. 7. Equipment — The Design Framework encourages all mechanical equipment and utilities to be sensitively located and screened from view. The applicant has proposed to underground all utilities, with the exception of the fire sprinklers and check valves which will be screened from view by the proposed landscaping hedges in the front planter area. All roof top mechanical equipment is proposed to be located deep with a mechanical well, screening it from view from any angle, including from the residence above. The applicant has also proposed a trash enclosure constructed of a plaster block wall finish that will be painted grey to match the building color and will be covered with a solid roof. 8. Walls — The Design Framework establishes specific fence and wall guidelines, which were incorporated in to the Zoning Code, making compliance with the Lamborghini OC July 19, 2007 Page 9 standards mandatory. The applicant has proposed a 6 -foot high wrought iron fence adjacent to the driveway and 8 -foot high block walls around the parking lot at the rear of the lot, consistent with the fence and wall requirements of the Code. Additionally, the fence and walls are proposed to be painted dark grey to match the predominant building color. Although wrought iron fences are recommended to be painted dark navy blue, black, or dark green, staff believes that the proposed dark grey color would be more appropriate to maintain a consistent design and color scheme for the project. 9. Vehicular Access and Lot Consolidation —The Design Framework encourages lot consolidation and the minimization of drive approaches where feasible to reduce potential vehicle conflicts. The project consists of one legal building site and has been designed to maintain the existing drive approach off West Coast Highway; therefore, lot consolidation is not an option and vehicle circulation will not be impacted. In staffs opinion, the project can be found consistent with the Mariner's Mile Design Framework and the applicable design requirements of the Mariner's Mile Specific Plan District. General Use Permit Findings Section 20.91.075 of the Zoning Code requires that the Planning Commission make certain general findings for Use Permit requests. These findings, and facts in support of such findings, are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The project is located in the Retail & Service Commercial (RSC) land use designation of the Mariner's Mile Specific Plan District (SP -5). This designation is intended to encourage the continuation of "marine- oriented" uses and the "marine theme or character of the area ", encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibit uses which would interrupt this continuity. The proposed vehicle sales facility is a permitted use within this designation with the approval of a Use Permit. Additionally, a primary design strategy of the Mariner's Mile Design framework is to raise the standards for auto reliant development so that these types of uses do a better job of "fitting -in" to the District and ensure each project contributes its share to building a larger -scale visual coherence and continuity. The proposed project is a high quality design that embraces the design guidelines of the Mariner's Mile Framework, thereby, contributing to the continuity of the improvements in the Mariner's Mile area. JA Lamborghini OC July 19, 2007 Page 10 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located,, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. As previously discussed, the proposed vehicle sales facility, pursuant to the conditions of approval regulating the design and operation of the use, is consistent with the Mixed Use Horizontal (MU -H1) land use designation of the General Plan. The project is also located with the General Commercial (CG -B) designation of the Coastal Land Use Plan, which is intended to provide for a wide range of commercial activities oriented primarily to serve citywide and regional needs with a development intensity range from a floor area to land area ratio of 0.5 — 0.75. The proposed project is consistent with this designation and all applicable policies of the Coastal Land Use Plan. Given the proximity of the project to adjacent residential and motel uses, and the potential for residential development to the east of the site, the design and operation of the vehicle sales facility should be considered. Nuisances typically associated with such facilities may include: excessive lighting and glare, noise impacts associated with vehicle serviceirepair and vehicle washing, and aesthetic impacts due to excessive vehicle display. However, the proposed project has been conditioned to regulate the design and operation of use to minimize noise and aesthetic impacts to adjacent uses and to ensure consistency with the intent and vision of the Mariner's Mile Speck Plan. Specifically, staff believes the project will not be detrimental to the public for the following reasons: • No vehicle service or repair is proposed thereby eliminating noise impacts and concerns associated with such activities. • All vehicle display is proposed to be indoors within the showroom and on the second floor patio facing West Coast Highway. No vehicle display within parking areas in the rear is proposed. Although the opening of the detail bay area faces the residential uses to the north, all automobile detailing has been conditioned to be performed indoors within the detail bay area with the door to remain closed. Additionally, vehicles are proposed to be hand washed without the use of a pressure wash system. • The proposed car lift located at the rear of the building will only be used periodically (approx. 4 times a day) to elevate vehicle inventory to the second floor showroom and to allow such vehicles to be lowered for test driving and sales. The door will remain closed at all times during operation. • Exterior lighting has been designed to control and reduce excess lighting and to avoid off -site light spillage. 13 Lamborghini OC July 19, 2007 Page 11 • The building is located approximately 248 feet away from the residential homes on the hillside to the north and is not anticipated to affect any existing views as the building will conform to the 32 -foot height limit, consistent with the existing office building. • All mechanical equipment has been designed to be screened from view. • The project is forecast to generate a total of 40 average daily vehicle trips (ADT), which is a reduction of approximately 179 ADT from the existing office development, thereby reducing traffic and noise impacts associated with vehicles entering, exiting, and parking on the site. • A condition of approval has been included prohibiting the test driving of vehicles on residential streets. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The project meets the development standards of the Mariner's Mile Specific Plan related to building setbacks, height, FAR, parking and traffic circulation, walls, landscaping, exterior illumination, utilities, and refuse storage. There are no conditions regarding this specific use other than to obtain a Use Permit. The proposed conditions of approval for this project will ensure that all requirements of the Mariner's Mile Specific Plan, including landscaping, lighting and equipment screening, are fulfilled, as well as other City standards normally imposed on projects. Comprehensive Sign Program The applicant has proposed an identification wall sign on, the west and south elevation, and a freestanding monument sign along the project frontage. Per Section 20.67.120 (Comprehensive Sign Program) of the Zoning Code, approval of a Comprehensive Sign Program shall be required whenever 3 or more signs are proposed for a single- tenant development. The purpose of a sign program is to integrate all of a project's signs, including a project identification sign, with the overall site design and the structure's design into a unified architectural statement. It is also intended to provide flexibility in the application of the City's sign regulations to projects that have multiple signs when it can be shown that the proposed program achieves the purposes of the City's sign ordinance. The applicant has submitted a Comprehensive Sign Program that defines the size, number, and design of all signage for the development (Exhibit 3). Pursuant to Section 20.67.120, a Comprehensive Sign Program shall comply with a number of standards. A general discussion of these standards and the program's compliance are discussed below: fA Lamborghini OC July 19, 2007 Page 12 1. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.67: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.67.120]. As previously discussed, the Design Framework encourages the development of a Sign Program and establishes specific sign guidelines, which were also incorporated within Chapter 20.67 of the Zoning Code. In compliance with the purpose and intent of the Sign Code, the proposed Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, and design of signage. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. The freestanding monument sign has been designed consistent with the height and proportional dimensions specified in the Code and should promote continuity in signage with other new developments in the Mariner's Mile area. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.67. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; The project site is for the sole use of the Lamborghini dealership and has been designed to be effective for such a use. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, consistent with Chapter 20.67, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. 5. The program shall comply with the standards of this Chapter 20.67, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. `5 Lamborghini OC July 19, 2007 Page 13 The Sign Program proposes the following deviations from the City's sign code regulations: • Wall Signs (Separation) — Signs located on adjacent walls on the same building shall be separated by a minimum of 30 -feet measured along the exterior walls of the building. The proposed wall signs are separated a total of 24 -feet. • Wall Signs (Centering) - Signs shall be located within the middle 50 percent of the building frontage. The proposed wall sign on the south elevation is located towards the front corner of the building. Given the orientation of the building, staff believes the deviations for the wall signs are merited to allow the applicant more effective sign placement. If the wall sign on the south elevation were located within the middle 50 percent of the building frontage, sign visibility for motorists driving north on West Coast Highway would be severely limited. Placing the sign closer to the street frontage then necessitates the need for the minor deviation in the separation requirements. 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by the Sign Code. The program does not authorize the use of prohibited signs. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. The program contains no regulations affecting sign message or content Environmental The project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). This exemption applies to in -fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the proposed development must occur on a site of no more than 5 acres, have no value as habitat for endangered, rare or threatened species, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. As previously stated, project implementation involves redeveloping an existing office site located within a built -out commercial area, and is consistent with the General Plan and applicable zoning standards. A detailed determination of exemption is attached as Exhibit 5. Lamborghini OC July 19, 2007 Page 14 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Summary The applicant has designed a unique, high quality project that is compatible with, and respectful of, the surrounding uses and implements the design requirements and recommendations contained within the Mariner's Mile Design Framework. Staff believes the facts are evident for the Planning Commission to affirm the findings necessary to approve the applicant's request for a Use Permit, Development Plan and Comprehensive Sign Program for the new vehicle sales facility. Altematives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's requests, the Planning Commission should direct staff to prepare findings and a resolution denying the requests and return at the next Planning Commission meeting date with such resolution for adoption. 2. The Planning Commission may suggest specific design modifications that are needed to receive approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Prepared by: Submitted by: Jame Murillo, Associate Planner David Lepo, Plan l�rector Exhibits 1. Draft Resolution No. 2007 -,; findings and conditions of approval 2. Project Plans 3. Sign Program 4. Applicant's Design Framework Justification 5. Determination of Exemption 6. Preliminary Construction Management Plan F:Alsers4PLNZhared%PXs WAS - 2005% PA2005- 203\UP2006-024PCreport.doc 11 Exhibit No. 1 Draft Resolution of Approval 19 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -024, DEVELOPMENT PLAN NO. 2007 -001 AND COMPREHENSIVE SIGN PROGRAM NO. 2007 -004 FOR DEVELOPMENT OF A NEW VEHICLE SALES FACILITY LOCATED AT 2244 WEST COAST HIGHWAY (PA 2006 -203) WHEREAS, an application was filed by Vik Keuylian, with respect to property located at 2244 West Coast Highway, and legally described as Portion of Lot A, Tract 919, as shown on Miscellaneous Map Book 029, Pages 31 -34, requesting approval of Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007 -004 for a new vehicle sales facility; and WHEREAS, a public hearing was held on July 19, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the subject property is located within the Mariner's Mile Specific Plan District and is subject to the requirements of Section 20.42.060 of the Zoning Code which requires new development within the Mariner's Mile Specific Plan District to obtain approval of a Development Plan. The project has been found consistent with the Mariner's Mile Specific Plan and the Design Framework for the following reasons: 1. Architecture — The Design Framework encourages responsible and sensitive designs which respect and "fit in" to the surroundings. The proposed building has been designed to comply with the basic height limit, FAR, and setback requirements of the SP -5 District and sited similarly to the existing office building that occupies the site currently, as well as the adjacent motel building. The guidelines also encourage the buildings to be designed as "five- sided" (walls and roof) and to respond to views from above. Sensitive to the views of the residential homes above, the roof and roof elements of the proposed building have been designed to be clean and smooth and will be painted to match the predominant building color. The mechanical equipment is located in a deep mechanical well that will screen the equipment from an angle, including the views from the residences above. Additionally, a trellis and white fabric awnings will screen the second floor deck areas and will provide some visual relief to the surface of the roof. 2. Site Planning Considerations — The guidelines encourage buildings to be oriented toward the street and to promote pedestrian connections and amenities. The proposed project has been designed close to the street frontage with parking screened behind the building at the rear of the lot. The large glass fagade of the building focuses attention on the exotic vehicle display areas inside the building, enhancing the visual interest of the front elevation to the public. The project has been designed free of Planning Commission Resolution No. _ Page 2 of 16 visual obstructions to encourage pedestrians to visit and experience the dealership, or even just to view the vehicles from the sidewalk. Although, it should be noted that the primary entrance to the building is located towards the rear of the showroom, adjacent to the driveway, in a location that is clearly geared towards customers parked in the rear and not the casual pedestrian walking across the site. However, given that the proposed use is an exotic vehicle sales facility, sales will not be to pedestrians, but rather customers arriving at the site by car. 3. Landscaping — The Design Framework establishes speck landscaping requirements that have been incorporated within the Zoning Code, which makes compliance with standards mandatory. Three primary elements are required: 1) a minimum 4 -foot wide planter with a hedge and palm row at the back of sidewalk across the site; 2) interior parking lot landscaping; and 3) property line wall and median landscaping incorporating plant materials from a specific palette of species. The proposed landscape plan provides for a large planter area across the frontage of the property (with the exception of the driveway opening) and contains a continuous hedge of Japanese Boxwood and 4 Mexican Fan palms. The plan also provides 18 interior parking lot shade trees and proposes bougainvillea along the properly line walls. Additionally, the landscaping has effectively been designed to screen the fire sprinkler risers and check valves located in the project frontage from the public view. 4. Palette of Colors, Materials and Details — The Design Framework recommends a basic color system where the base building color is neutral and is approximately 90 percent of the building. Contrasting trim elements, being light or dark, are to be no more than 10 percent of a building and accent elements with bright colors being up to 5 percent of the exterior of the building. The Design Framework also encourages the use of high quality building materials or other details of a nautical nature. The base building color as proposed is predominately a neutral grey with white trim around the second floor showroom. Accent elements include white fabric canopies and stainless steel building hardware and deck railing cables. The use of these accent elements are also consistent with the types of nautical materials recommended in the Design Framework. To further enhance the building's nautical design elements and to contribute to the visual character and feeling of Mariner's Mile, the applicant has proposed the use of embossed seagull sculptures within the building's wall finish around the building. 5. Lighting — The Design Framework states that the "lighting should be purposeful and respectful ". Lighting must be contained on -site using down lighting wherever possible and incorporate shielding. Parking lot lights cannot be taller than 20 -feet and "walpak" type fixtures are prohibited. The project will utilize recessed down light wherever possible at soffits, drive -thru, and at recessed areas of building. Security lighting along the exterior walls and parking lot lighting will be directed downward and will be shielded to provide zero light spillage onto adjacent properties and to eliminate glare to the residences above. The project has been conditioned so as to require a photometric study in conjunction with a final lighting plan for approval by the Planning Department prior to the issuance of building permits. Planning Commission Resolution No. _ Paqe 3 of 16 6. Signage — Consistent with the Design Framework, the applicant has prepared a Comprehensive Sign Program. 7. Equipment — The Design Framework encourages all mechanical equipment and utilities to be sensitively located and screened from view. The applicant has proposed to underground all utilities, with the exception of the fire sprinklers and check valves which will be screened from view by the proposed landscaping hedges in the front planter area. All roof top mechanical equipment is proposed to be located deep with a mechanical well, screening it from view from any angle, including from the residence above. The applicant has also proposed a trash enclosure constructed of a plaster block wall finish that will be painted grey to match the building color and will be covered with a solid roof. 8. Walls — The Design Framework establishes specific fence and wall guidelines, which were incorporated in to the Zoning Code, making compliance with the standards mandatory. The applicant has proposed a 6 -foot high wrought iron fence adjacent to the driveway and 8 -foot high block walls around the parking lot at the rear of the lot, consistent with the fence and wall requirements of the Code. Additionally, the fence and walls are proposed to be painted dark grey to match the predominant building color. The proposed dark grey color will maintain a consistent design and color scheme for the project. 9. Vehicular Access and Lot Consolidation — The Design Framework encourages lot consolidation and the minimization of drive approaches where feasible to reduce potential vehicle conflicts. The project consists of one legal building site and has been designed to maintain the existing drive approach off West Coast Highway; therefore, lot consolidation is not an option and vehicle circulation will not be impacted. WHEREAS, a Use Permit for the establishment of a vehicle sale facility has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail & Service Commercial (RSC) land use designation of the Mariner's Mile Specific Plan District (SP -5). This designation is intended to encourage the continuation of "marine- oriented" uses and the "marine theme or character of the area ", encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibit uses which would interrupt this continuity. The proposed vehicle sales facility is a permitted use within this designation with the approval of a Use Permit. Additionally, a primary design strategy of the Mariner's Mile Design framework is to raise the standards for auto reliant development so that these types of uses do a better job of 'fitting -in" to the District and ensure each project contributes its share to building a larger -scale visual coherence and continuity. The proposed project is a high quality design that embraces Planning Commission Resolution No. _ Paae 4 of the design guidelines of the Mariner's Mile Framework, thereby, contributing to the continuity of the improvements in the Mariner's Mile area. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The Land Use Element of General Plan designates the project site for Mixed Use Horizontal (MU -H1) land uses. Per the Land Use Table, this designation is intended to provide for the horizontal intermixing of residential and commercial uses. More specifically, inland properties fronting Coast Highway in the Mariner's Mile Corridor shall be developed for marine- related and highway oriented general commercial uses in accordance with Recreational and Marine Commercial (CM) and General Commercial (CG) designations. The CM designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide and regional needs. Therefore, per the Land Use Table, the proposed vehicle sales facility is consistent with the permitted uses and development intensity established for the MU -H1 land use designation. b. The project is located with the General Commercial (CG -B) designation of the Coastal Land Use Plan, which is intended to provide for a wide range of commercial activities oriented primarily to serve citywide and regional needs with a development intensity range from a floor area to land area ratio of 0.5 — 0.75. The proposed project is consistent with this designation and all applicable policies of the Coastal Land Use Plan. c. The project has been conditioned to regulate the design and operation of use to minimize noise and aesthetic impacts to adjacent uses and to ensure consistency with the intent and vision of the Mariner's Mile Speck Plan. Specifically, the project will not be detrimental to the public for the following reasons: • No vehicle service or repair is proposed thereby eliminating noise impacts and concerns associated with such activities. • All vehicle display is proposed to be indoors within the showroom and on the second floor patio facing West Coast Highway. No vehicle display within parking areas in the rear is proposed. Although the opening of the detail bay area faces the residential uses to the north, all automobile detailing has been conditioned to be performed indoors within the detail M Planning Commission Resolution No. _ Paae 5 of 16 bay area with the door to remain closed. Additionally, vehicles are proposed to be hand washed without the use of a pressure wash system. • The proposed car lift located at the rear of the building will only be used periodically (approx. 4 times a day) to elevate vehicle inventory to the second floor showroom and to allow such vehicles to be lowered for test driving and sales. The door will remain closed at all times during operation. • Exterior lighting has been designed to control and reduce excess lighting and to avoid off -site light spillage. • The building is located approximately 248 feet away from the residential homes on the hillside to the north and is not anticipated to affect any existing views as the building will conform to the 32 -foot height limit, consistent with the existing office building. • All mechanical equipment has been designed to be screened from view. • The project is forecast to generate a total of 40 average daily vehicle trips (ADT), which is a reduction of approximately 179 ADT from the existing office development, thereby reducing traffic and noise impacts associated with vehicles entering, exiting, and parking on the site. • A condition of approval has been included prohibiting the test driving of vehicles on residential streets. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The project meets the development standards of the Mariner's Mile Specific Plan related to building setbacks, height, FAR, parking and traffic circulation, walls, landscaping, exterior illumination, utilities, and refuse storage. There are no conditions regarding this specific use other than to obtain a Use Permit. The proposed conditions of approval for this project will ensure that all requirements of the Mariner's Mile Specific Plan, including landscaping, lighting and equipment screening, are fulfilled, as well as other City standards normally imposed on projects. WHEREAS, the applicant has proposed an identification wall sign on the west and south elevation, and a freestanding monument sign along the project frontage. Per Chapter 20.67 of the Newport Beach Municipal Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development; and �3 Planning Commission Resolution No. _ Paae 6 of 16 WHEREAS, Section 20.67.120 (E) of the Newport Beach Municipal Code requires all Comprehensive Sign Programs to comply with certain standards, which are as follows: 1. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.67: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.67.120]; The Design Framework encourages the development of a Sign Program and establishes specific sign guidelines, which were also incorporated within Chapter 20.67. In compliance with the purpose and intent of the Chapter 20.67, the proposed Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, it preserves community appearance by regulating the type, number, and design of signage. 2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable; The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. The freestanding monument sign been designed consistent with the height and proportional dimensions specified in the Code and should promote continuity in signage with other new developments in the Mariner's Mile area. 3. The sign program shall address all signs, including permanent, temporary, and exempt signs; The Sign Program submitted for the project addresses ail project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.67. 4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants; The project site is for the sole use of the Lamborghini dealership and has been designed to be effective for such a use. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, consistent with Chapter 20.67, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. 5. The program shall comply with the standards of this Chapter [Chapter 20.671, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter, �t Planning Commission Resolution No. _ Page 7 of 16 The Sign Program proposes the following deviations from the City's sign code regulations: Wall Signs (Separation) — Signs located on adjacent walls on the same building shall be separated by a minimum of 30 -feet measured along the exterior walls of the building. The proposed wall signs are separated a total of 24 -feet. Wall Signs (Centering) - Signs shall be located within the middle 50 percent of the building frontage. The proposed wall sign on the south elevation is located towards the front corner of the building. Given the orientation of the building, the deviations for the wall signs are merited to allow the applicant more effective sign placement. If the wall sign on the south elevation were located within the middle 50 percent of the building frontage, sign visibility for motorists driving north on West Coast Highway would be severely limited. Placing the sign closer to the street frontage then necessitates the need for the minor deviation in the separation requirements. 6. Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by the Sign Code this Chapter [Chapter 20.671. The Program does not authorize the use of signs prohibited by Chapter 20.67. 7. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. The Program contains no regulations affecting sign message or content. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15332 (In -Fill Development Projects) of the Implementing Guidelines of the California Environmental Quality Act (CEQA).; and NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2006 -024, Development Plan No. 2007 -001, and Comprehensive Sign Program No. 2007 -004, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. P5 Planning Commission Resolution No. _ Paoe 8 of 16 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2007. 0 EXCUSED: M Jeffrey Cole, Chairman BY: Robert Hawkins, Secretary 100 Planning Commission Resolution No. _ Page 9 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -024, DEVELOPMENT PLAN NO. 2007 -001 & COMPREHENSIVE SIGN PROGRAM NO. 2007 -004 (Project - specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Use Permit No. 2006 -024 and Development Plan No. 2007 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. Test driving of vehicles shall be prohibited on all residential streets. 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 7. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 8. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 10. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. Of I Planning Commission Resolution No. Palle 10 of 16 11. Prior to obtaining final occupancy, the water and fire valves that abut West Coast Highway shall be screened from view by landscaping. 12. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate plant selections consistent with the adopted Mariner's Mile Design Framework, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 13. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 14. The property owner shall execute and record a restrictive covenant and agreement which grants assurance to the City that the landscaping and irrigation system is properly maintained in accordance with the approved plans. 15. All areas in the parking lot not used for driveways, maneuvering areas, parking stalls and walks, shall be permanently landscaped. 16. Prior to the final of building permits, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confrin that all landscaping was installed in accordance with the approved plan and design polices of the Mariner's Mile Specific Plan and Design Framework. 17. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets, adjacent sites and residences above, or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 -feet in height. 18. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director Planning Commission Resolution No. _ Paae 11 of 1 may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. Prior to the issuance of a building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are "l " or less at all property lines. 20. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in condition of approval No. 17. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specked time periods unless the ambient noise level is higher: 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 23. The roof of the building shall be painted to match the predominate building color. No mechanical equipment shall be permitted on the roof, except within the designated mechanical well and shall not be visible from West Coast Highway or the adjacent residences. 24. There shall be no fewer than 41 parking spaces on site. 25. Use of the building shall be limited to motor vehicle sales only. No motor vehicle repair or service is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this Use Permit. 26. Vehicles shall be washed and detailed within the proposed vehicle bay area with doors closed when such activities are taking place. Washing and detailing of vehicles outside of the detail bay area shall be prohibited. 27. The door to the car lift shall remain closed during the operation of the lift. Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial ro ert 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 22. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 23. The roof of the building shall be painted to match the predominate building color. No mechanical equipment shall be permitted on the roof, except within the designated mechanical well and shall not be visible from West Coast Highway or the adjacent residences. 24. There shall be no fewer than 41 parking spaces on site. 25. Use of the building shall be limited to motor vehicle sales only. No motor vehicle repair or service is permitted. No storage or display of motor vehicles is permitted in any parking space or vehicle maneuvering space. A change of use shall require an amendment to this Use Permit. 26. Vehicles shall be washed and detailed within the proposed vehicle bay area with doors closed when such activities are taking place. Washing and detailing of vehicles outside of the detail bay area shall be prohibited. 27. The door to the car lift shall remain closed during the operation of the lift. Planning Commission Resolution No. Paae 12 of 16 28. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by either the current business owner, property owner or the leasing agent. 29. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 30. No outside paging system shall be utilized in conjunction with this establishment. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 33. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 34. The applicant shall ensure that the trash dumpsters andlor receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 35. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 36. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 37. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 36 Planning Commission Resolution No. _ Page 13 of 16 Fire Department Conditions 38. New elevator shall be gurney- accommodating in accordance with Article 30 of the California Building Code (2001 edition). 39. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. 40. The applicant shall provide a sewer connection to the fire sprinkler riser main drain. 41. A Soil Gas Investigation and Mitigation Plan shall be prepared by a licensed California Civil Engineer and Certified Geologist and submitted to the City Building and Fire Departments for review and approval. Building Department Conditions 42. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 43. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction- related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement �1 Planning Commission Resolution No. _ Page 14 of 16 • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to reviewidiscretion of the geotechnical engineer. 44. Prior to the issuance of -grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 45. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 46. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Public Works Conditions 47. Based on the operational characteristics of the proposed exotic vehicle sales facility, a trip generation study was prepared for the project and has forecasted a trip generation of approximately 40 ADT. Any potential intensification of trip generation (i.e. expansion, increased showroomfinventory area, vehicle type) or change of use shall be reviewed and approved by the Planning Department and Traffic Engineer for consistency with the City's Traffic Phasing Ordinance and may require the preparation of a Traffic Study and/or an amendment to this Use Permit. 48. A# above ground permanent improvements, such as signs, walls, backflow prevention assemblies, display pads, etc., constructed within the existing 12 -foot wide street easement along the development's frontage shall be relocated at the owner's expense when the City widens the West Coast Highway roadway. 3a Planning Commission Resolution No. _ Page 15 of 16 49. No plantings with substantial root systems can be installed within the existing Utilities and Storm Drain easements within the site. 50. The proposed new driveway approach along the West Coast Highway frontage shall comply with current ADA standards. 51. The proposed new driveway approach along the West Coast Highway frontage shall be designed per City Sight Distance Standard STD- 110-L. All planting within the limited use area shall be limited to 24- inches in height. All other obstructions (walls, signs, etc.) shall be limited to 30- inches in height within the limited use area. 52. The project shall comply with the City's non -storm on -site runoff retention requirements. 53. Water meter and sewer cleanouts shall be installed within the public right -of -way per City Standards. 54. The proposed private irrigation system cannot tap into the City's water system directly. It shall be connected to the private water system behind the water meter. 55. No vehicles, including trash and delivery trucks, can back out of the site onto West Coast Highway. 56. All improvements shall be constructed as required by Ordinance and the Public Works Department. 57. The applicant shall secure Caltrans and City approvals for the off - street, drainage, and utility improvements. 58. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 59. County Sanitation District fees shall be paid prior to the issuance of any building permits. 60. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 61. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of 5!) Planning Commission Resolution No. _ Paqe 16 of 16 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 62. Any traffic control or lane closures on West Coast Highway would require a Caltrans Encroachment Permit. Lane closures on Coast Highway shall not be permitted with traffic peak hours (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). 63. The parking lot shall have prominent pavement arrows and signage to facilitate proper circulation within the parking area. 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J-6 i wU. 16 M ;, 4` ®' -R !Is \ ; §)m4G # §Q w \ . e !ƒ /\ !d � qj d� Exhibit No. 3 Sign Program 0 0 0 ul Q w� �y o c q 2 N � Z = 9 $ m i i' 5 b yZ RI 5 i All 1 ` ii i' r i f - i e HIGN�' �`Y� - - WESt COASt 2 N � Z = 9 $ m ( ) f � ~ / ( ( . § a . k K ( § } § � § § § I ( [ [ B § $ k q� |■ t �( § ~ S ;« ■■ §)} 7 e 00 q� ( c$ Pi § « § cr k z uj j ) B z. Qw S at ;m R cc �§ _ )k k2k \) /' \ ■ ■ e e e V) Exhibit No. 4 Applicant's Design Framework Justification 1105 MARINERS MILE STRETEGIC VISION AND DESIGN FRAMEWORK Lamborghini Orange County Newport Beach, California Project: PLANK Nt3EuAg wth7 JUN 15 2D01 CITY OF NEWPORT8FACH Lamborghini Orange County, 2244 West Coast Highway, Newport Beach The proposed project is within the Mariner's Mile and is encouraged to contribute to the enhancement of the area and uphold the design criteria and land use for the area. The proposed project strives to meet the proposed framework goals by: R 0 Utilizing the entire parcel under one lot for the entire project. All parking will be on site and no shared parking or street parking. The site design of the project consists of a single drive and linear building similar to the adjacent parcel without similar architectural design characteristics. All landscaping on the site will be new and conform to the MM design character. The unified streetscape for the project enhances the pedestrian entrance to the site as well as the vehicular access. The vehicular and pedestrian entrances are from the same location on Coast Highway and the entry experience for both is the same including exterior lighting and enhanced paving. All signage for the project will be new and will conform to the MM design standards. Signage is integral to the building and the site to enhance the identity and functionality of the site and it customers. Signs are compatible with the building design and integral to the design. g The public sign program is developed with the building design and identifies the entrance, parking and amenities with the same materials as the building facade and is integral to the design of the building and the Lamborghini product with logos, color and information. h The pedestrian access to the business from Coast Highway is along a path of enhanced paving and landscape and adjacent to the vehicular entrance. To enter the building you walk past the front face of the building and enter along the side qq elevation. The front elevation on Coast Highway is for visual interest and identification of the building and the product The monument sign is new and representative of the quality and aesthetics of the Lamborghini brand and will reflect the MM design guidelines for size, material, and quality. Monument sign base will be enhanced by overall landscape and visibility. We will use the'existing curb cut on Coast Highway for this project, therefore there will be no net gain or loss. k This project enhances the presence of the single use building for the MM area and promotes single use buildings within the MM area. As individual parcels develop, this project shows there can be a single use building that promotes the individual character and unique status of the business. There are parcels that can be utilized for a single use, and not a retail strip environment. Lamborghini is unique and this project celebrates that vision. This project is not directly on the bay but the design promotes the open feel with the view corridor over the building as the building does not exceed the height limit and has a set back entry drive that has enhanced paving similar to the pedestrian access to the site. Walking onto the site is easy from Coast Highway. While the business is a destination type business, the architecture encourages the pedestrian circulation. STRATEGIC VISION The strategic vision for the MM area is one of unique and ever changing possibilities. As the vision states in its very first statement of the plan 1.10, indicates the need to improve the auto - reliant strip. This project embraces the desire to raise the standards of the auto use and development of auto related projects. There is no better case for this than the addition of a high profile dealership such as Lamborghini and its European influence. The dealership is not a traditional sales and service type of facility, but rather a sales only building that celebrates the finest in European design similar to the sleek lines and visual unique character of the marine environment and boat sales facilities that neighbor the area. The boat dealers typically do not service and maintain boats on the valuable land of the Mariner's Mile and Lamborghini is much the same. The facility celebrates the sales and enjoyment of looking at these beautiful machines. The continuity between the automotive and the marine industries are 5b not coincidental. The boats that are displayed in the area are intended to be seductive and alluring, to entice the customer to come and visit. To see boats. They imagine themselves on the open water, to experience the lifestyle of Newport Beach. The Lamborghini dealership on the inland side of the Coast Highway is exactly the same. The building entices the customer; it captures the visual of the vehicle and begs the customer to come and see European Italian design and engineering can be. Just imagine yourself driving your Lamborghini up Coast Highway with the top down on a summer day. The image is what sells, the vehicle sells itself and the lifestyle will follow the environment. The building has individual amenities that promote the vehicle and customer once inside. The vehicles are intended to be the star with the building providing the backdrop. The lounge inside is focused on the customer and oriented towards the view and the vehicle all the while embracing the environment that is Mariner's Mile. There will be no better place to shop for a vehicle. The Lamborghini project will embrace Mariner's Mile with outdoor enhanced paving and landscape. The paving begins at the entry drive and goes under the covered area and in front of the main lower viewing area into the showroom. The vehicles will not be displayed in front on the paving. It is for the curious customer or individual who wants to experience the vehicle by entering the building. There are no gates or fences in front. The walk from the sidewalk to the front area where the vehicles are displayed inside are accessible to all who want a look. This can be entirely a pedestrian experience without ever entering the building. The entry of the vehicle is celebrated as well as the visiting vehicle enters the site on enhance paving and drives under the elevated bridge. The Bridge has an outdoor patio and open glass and windows to enhance the interior experience as well as creating the celebration of entry to the site. Once the visitor parks, they can easily enter the building along the entrance perpendicular to Coast Highway just as an arriving pedestrian. The Bridge once again celebrates the entry and invites the customer to enter the building to see what is inside. The bridge allows the building to maintain the required square footage needed for the project. Keeping the feeling from Coast Highway and the walking customer to an open and airy experience to the outdoors of Mariner's Mile. The Mariner's Mile architectural character is eclectic by nature and is defined as such in the Design Framework documents. This brings to light the key objectives 6 k of the area as defined in the documents. The following represents our responses to the Design Framework Document section 5.0: 5.00 ARCHITECTURE Buildings are significant functional, visual and symbolic elements of the built environment. They serve to house human activities and present themselves as expressions of the ambitions, aspirations and public identity of their owners and users. Mariner's Mile, due in part to its history of uses and generally overriding commercial nature, encompasses a vast range of building types, whose functional requirements, sizes, scale and symbolic needs vary greatly. These building types range from large automobile dealerships and marine supply outlets to high -rise residences, mixed -use and strip retail centers, small shops, restaurants, drive - throughs and individual offices. Architecturally, this variety makes for a highly eclectic mix of buildings on Mariner's Mile. In turn, this variety and mix, overlaid by the predominant auto - reliant bias of the district, favors buildings of individual expression and strongly resists efforts towards any unified architectural theme. Thus the imposition of a rigid architectural theme is considered inappropriate for the study area. The nature and character of Mariner's Mile call rather for establishing key design principles and promoting thoughtful and tasteful design while allowing creative flexibility. 5.10 ARCCHITECTURE OBJECTIVES The key objectives of an architectural approach to Mariner's Mile are as follows. 5.11 Responsible and Sensitive Design a) Design should respect and "fit in" to its surroundings. a.1 The proposed building respects its surroundings by not being over the height requirements and overpowering its neighbors and creating objective shadows and blocking views. b) Roofs and roof elements should respond to views from above. b.l Roofs and roof elements are clean and smooth in nature with slight variations in height to create interest yet Sa providing the interior spaces with usable and open environmental opportunities with glass, operable windows and doors as well as visually intriguing awnings and open air environments. The roofs are respective to the neighbors and visitors both above the site and from adjacent properties. c) Design freestanding buildings as 'five-sided" (walls+ roofl. c.1 ' This building embraces the "five- sided" architecture that is stressed by the design framework. The mechanical equipment is buried deep in a mechanical well that will not be seen from any angle. The roof will be clean and painted to match the predominant building color. 5.12 Site Planning Considerations a) Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). a.1 The Lamborghini site plan strengthens the Mariner's Mile concept by bringing the vehicular traffic under the bridge and onto the site. The pedestrian enters along the enhanced paving and adjacent to landscape. This promotes visibility on the front part of the site and then larger trees envelope the rear and provides shade. This breaks up the open parking area with landscape fingers. b) Buildings should orient to the street in the Village areas and when surrounded by parking. b.1 The building celebrates Coast Highway and the visual impact the traveler on Coast Highway experiences. Additionally, the focus of the vehicle display areas inside the building faces Coast Highway in both directions as the Highway curves along the front of the building. It is not just in front of the building that is enticing. The vehicles will be seen from on coming traffic in both directions on Coast Highway. c) Promote pedestrian connections and pedestrian amenities. C.1 The pedestrian is encouraged to visit and experience the site as there are no walls, gates of obstructions keeping the pedestrian from either entering the site or just view the vehicles from the street sidewalk. 5.13 Landscape Considerations a) Use landscaping to complement and highlight buildings and site. a.1 The proposed landscape will enhance the vehicle display and visual of the building. Palm trees that do not block the low level viewing will create large green heads that enhance the building and its materials without compromising the visual experience of the customer or passer -by. The low landscape in front will provide a framework which will minimize vision and sight lines while hiding low level obstructions. b) Develop a landscape concept as a fundamental component of the site design. b.1 The landscape concept is simple in its response to the project. Landscape will provide visibility and view corridors from the street to allow the vehicles to be seen easily and clearly. Also, the landscape will provide shade and protection at the rear of the property where vehicles park for both customers and employees while maintaining the views for the neighbors, to the rear and sides of the site. c) Coordinate utility locations to support the landscape framework and to screen utilities from Pacific Coast Highway or entries. c.1 Utilities are underground with the exception of the fire sprinkler risers and check valves which will be screened by landscape. 5.14 Palette of Colors, Materials and Details 5q a) Consider "neutral" building color with nautical trim. a.1 The building was designed to be compatible with the design framework with neutral colors of white, Black and Grey. The building was designed to allow the vehicles to be the star and the building provides the frame and the backdrop. The building hardware and accents are stainless steel and enhances the building with tactile and visible nautical touches. Deck railings are stainless steel cables and fittings to further enhance the nautical marine theme. There are marine motif designs that will be a part of the plaster facade in the wall adjacent to the hotel and at other various locations. White fabric awnings will shade the exterior deck areas and provide interest and contrast to the exterior material finishes. b) Paint fences, metal bollards, and light poles a dark background color. b.1 The items on site that are visible but not intended to be part of the building will be painted a dark grey so as not to call attention to them, (i.e. light standards, trash enclosure gates, bollards etc.) We want the vehicles to be significant and visible. c) Use common fence /wall designs developed for Mariner's Mile. c.1 All site and perimeter walls will be concrete block at the side and rear areas painted to match the main building color and an ornamental iron in the front area at the East property line, that will be painted dark grey to match the other non - essential building elements. 5.15 Purposeful and Respectful Lighting a) Contain all site lighting on site (zero glare spill -off). 5) a.1 All site lighting will be vertical burn fixtures with cut off reflectors to provide zero light spill onto Coast Highway or adjacent properties. No exterior lighting will be visible from the neighbors (residential) to the rear of the project and provide no glare. b) Develop lighting plan with photometric study. M The final exterior light design will be submitted in photometric form to evaluate all site lighting and parking lot areas to be consistent with the current Newport Beach standards and security illumination level requirements. c) Use down lighting wherever possible. C.1 The lighting design provides for recessed down light where ever possible at soffits, drive thru, and at recessed areas of the building. d) Accent lighting at key architectural /landscape elements. d.1 The lighting design for the facility puts an emphasis on the vehicles in the showroom and not on the exterior of the parking areas or outside the building. Landscape areas will have illumination to provide building backdrop. The ground level of the building will be illuminated to enhance the vehicle display within the building. There will be no outdoor vehicle display at night. e) Avoid harsh, intense lighting and hard shadows. e.1 Lighting levels in parking areas will be even and consistent to allow for a level of safety in the parking areas and building entrances. There will be no harsh levels of illumination on the exterior of the site. P Coordinate colors of light sources. f.1 All exterior lighting will provide the truest color rendition of the building and site. This will be consistent with the interior lighting as well for vehicle display and ambient indoor lighting. 5.16 Organize and Coordinate Signage a) Develop a comprehensive sign program. a.1 The comprehensive sign program is a part of the project and is integral to the design and character. A sign package was submitted for review along with the building and site design. b) Design buildings to strategically accommodate signs. b.1 The building signage is intended to be a part of the building with no sign bands or sign cans. The placement of signs, size and type and all parts of the signage are intended to become part of the project design. d) Coordinate building and signage design (forms, colors, motifs). d.1 The proposed sign program is consistent with the Mariner's Mile Design Framework and in character with the building design and the vehicles. Signs are made of smooth painted metal surfaces similar to the vehicles and are illuminated at the lettering and manufacturer badge only. 51 Exhibit No. 5 Determination of Exemption M Determination of Exemption Lamborghini 2244 W. Coast Highway 15332. In -Fill Development Projects. Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is located within the Mixed Use Horizontal (MU -H1) land use designation of the General Plan and located with the Retail & Service Commercial (RSC) land use designation of the Mariner's Mile Specific Plan (SP -5) District. The project is also located with the General Commercial (CG -B) designation of the Coastal Land Use Plan. The proposed use of the site for vehicle sales is consistent with these designations. Additionally, development of the site is proposed to comply with applicable development standards of the Newport Beach Zoning Code. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is 0.93 acres in size and is completely surrounded by urban uses. A single - family residential neighborhood is located north of the site, a motel development is located to the west, a boat sales is located to the east, and a vacant commercial building is located to the south across West Coast Highway. (c) The project site has no value as habitat for endangered, rare or threatened species. The site is currently fully developed with a two story, approximately 16,000 square foot, office building and paved surface parking lot, and does not contain any habitat for endangered, rare or threatened species. Vegetation that exists on -site consists of non - native ornamental landscaping. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Traffic: Per the City's Traffic Phasing Ordinance (TPO), projects that generate more than 300 average daily trips (ADT) are considered to be potentially significant and require the preparation of a traffic study to analyze and evaluate the traffic impacts of a project. A trip generation study was prepared by Austin - Foust and Associates and it was determined that the project is forecast to generate approximately 40 ADT, which is a reduction of approximately 179 ADT from the existing office development on -site. Therefore, since the project will actually result in a reduction in ADT, the traffic impacts of the project are considered to be less than significant. Noise: The proposed specialty automobile dealership will not generate substantial increases in noise levels as compared to the existing office development. The proposed dealership does not contain any on -site service or repairs; therefore, noise impacts normally associated with repair shops (i.e. pneumatic air tools and equipment) are absent. An automobile detail bay is located at the rear of the project; however, since the dealership is not a commercial auto wash facility, but 5� rather only periodically hand washes and details the cars, noise disturbances resulting from the activity is not be expected. It is possible that short-term noise levels may increase during the demolition, grading, site preparation and construction phases of the project. These events have the potential to generate noise and vibration levels that can impact nearby sensitive land uses (e.g., residential development) in the vicinity of the project site. Residential development exists north of the site along the Kings Road hillside. Therefore, it is possible that the adjacent residents could be subjected to short-term construction noise; however, the Newport Beach Noise Control Ordinance addresses construction noise. Section 10.26.035.D of the Newport Beach Municipal Code exempts construction equipment from the provisions of the Noise Ordinance and requires them to comply with Section 10.28 of the Code. Section 10.28.040 of the Code restricts hours of noise - generating construction to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. Because the project will be required to comply with Section 10.28.040 of the Citys Noise Ordinance, the short-term noise impacts are considered to be less than significant. Air Quality: The project is consistent with the City's General Plan, which has been utilized by the South Coast Air Quality Management District (SCAQMD) to prepare the Air Quality Management Plan (AQMP). Project implementation does not include land use changes that would conflict with the General Plan or any of its long -range air quality projections. The proposed specialty automobile dealership will result in 40 average daily vehicle trips per day (a reduction of approximately 179 average dairy vehicle trips from the existing office development), and as a result, the mobile- source emissions would not exceed significance thresholds established by the South Coast AQMD. However, project implementation will result in temporary emissions resulting from grading, demolition and construction activities. The construction emissions include on -site generation of dust and equipment exhaust, and off -site emissions from construction employees commuting and/or trucks delivering building materials, and construction- related impacts. Compliance with standard conditions established by the SCAQMD will ensure that construction impacts are minimized. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction- related air quality impacts: Dust Control Water all active construction areas at least twice daily. Cover all haul trucks or maintain at least two feet of freeboard. Pave or apply water four times daily to all unpaved parking or staging areas. Sweep or wash any site access points within two hours of any visible dirt deposition on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions Require 90 -day low -NOx tune -ups for off road equipment. Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts 4c) • Encourage car pooling for construction workers. Limit lane closures to off -peak travel periods. Park construction vehicles off traveled roadways. Wet down or cover dirt hauled off -site. Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. Therefore, through the application of the above standard condition, no significant impacts are anticipated and the project would not obstruct the implementation of applicable air quality plans and /or programs. Water Quality: The project includes the demolition of an existing, two -story, office building, which will be replaced with a new two -story automobile dealership and showroom. The area of impervious surfaces and the types and quantities of pollutants will be virtually the same as that which exists on the current site. Nearly the entire site is currently covered with buildings and /or parking (i.e., impervious surfaces). Project implementation would not result in a significant increase in the amount of impervious surfaces; therefore, the slight increase will not result in a significant increase in either the volume or rate of surface runoff that occurs at the present time. The applicant will be required to prepare a Water Quality Management Plan ( "WQMP ") that is intended to satisfy the City's requirements. This plan will prescribe appropriate structural and non - structural Best Management Practices ( "BMPs ") that will address the manner in which pollutants generated by the project will be addressed to ensure that no violations of water quality standards will occur. As a result, no significant water quality impacts are anticipated. (e) The site can be adequately served by all required utilities and public services. Fire protection facilities and service to the subject property are provided by the Newport Beach Fire Department (NBFD). The NBFD operates and maintains six fire stations to respond to emergency calls throughout the City. Fire Station No. 2 is located on the Balboa Peninsula at 503 32nd Street, near City Hall, and is approximately one mile from the site. In addition to the City's resources, the NBFD also maintains a formal mutual aid agreement with the Orange County Fire Authority (OCFA) and all neighboring municipal fire departments to facilitate fire protection in the City should the need arise. The Newport Beach Police Department (NBPD) is responsible for providing police and law enforcement services within the corporate limits of the City. The Police Department headquarters is located at 870 Santa Barbara Drive, at the intersection of Jamboree Road and Santa Barbara, approximately 3.2 miles northeast of the subject property. Police and law enforcement service in the City is provided by patrols with designated "beats." Therefore, both the Fire and Police Department's ability to provide adequate levels of service are not anticipated to occur as a result of project implementation. The City of Newport Beach owns and maintains several sewer and water mains in the vicinity of the subject property, including those in West Coast Highway. Sewer collection and wastewater treatment services are provided by the City of Newport Beach (local collection) and the Orange County Sanitation District (conveyance and treatment). In addition, all of the utilities (i.e., electricity, natural gas, and telephone) are currently available and serve the existing �D ` development. The project site receives electrical and natural gas service from Southern California Edison and Southern California Gas Company. Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code. Discussion: This section is intended to promote in -fill development within urbanized areas. The class consists of environmentally benign in -fill projects which are consistent with local general plan and zoning requirements. This class is not intended to be applied to projects which would result in any significant traffic, noise, air quality, or water quality effects. Application of this exemption, as all categorical exemptions, is limited by the factors described in section 15300.2. 15300.2. Exceptions Section 15300.2 provides exceptions to the list of categorical exemptions. None of the exceptions apply; however, exception (c) warrants discussion. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. As discussed above, the project implementation will not result in any significant effects related to traffic, noise, air quality, or water quality, nor will the project impact any sensitive habitat. However, a concern was raised by the Building Department as a result of odors reported to be similar in nature to hydrogen sulfide emanating from the subsurface when excavation activities were conducted at a nearby Jiffy Lube site located at 1520 West coast Highway. As a result of this concern, and per the standard Municipal Code requirements of Sec. 9.04.170, a soils gas investigation was performed on the site by Mission Geoscience, Inc., and found that the site is underlain by Halocene alluvial and lagoon sediments consisting of grayish -brown silty fine sand with trace amount of organic clay and broken sea shells. Both the sand and clay layers exhibited moderate to strong hydrogen sulfide (sewage -like) odor. Four soils gas samples were analyzed to determine the concentrations of both hydrogen sulfide and methane. Hydrogen sulfide was not detected at concentrations equal to or above the laboratory reporting limit and is not considered to require mitigation; however, methane was detected at elevated concentrations. It was determined that the methane encountered on -site is associated with the decay /decomposition of the organic matter in the Holocene sediments under anaerobic conditions, and not associated with the occurrence of petroleum of oil explorations. The report concluded that, at minimum, the project should include a gas - impermeable vapor barrier system and passive (pipe- and - trench) vented soil gas collection system beneath all foundation slabs. Additionally, it was recommended that a Soil Gas Mitigation Plan be prepared by a licensed California Civil Engineer and Certified Geologist and submitted to the City Building and Fire Departments for approval. Per the City's standard Code requirements, the applicant will be required to comply with these recommendations prior to the issuance of building permits; therefore, the project will result in a less than significant impact. ,r Exhibit No. 6 Preliminary Construction Management Plan 0 fior PROFESSIONAL SERVICES --- r r r--' I f V CONSTRUCi'ION INC. CONSTRUCTION MANAGEMENT PLAN LAMBORGHINI ORANGE COUNTY 2244 WEST COAST HIGHWAY NEWPORT BEACH, CA Reviewed Documents: • Architectural, site, 151 floor, 2 "d floor, and elevation drawings by Ware Malcomb dated 3 -2- 07 with plot date 3 -2 -07. • Page 3 of the October 12, 2006 Planning Comments. General Project Description: • Site work — Demolition of the existing site and buildings and build to new layout per proposed plan. • Building — New Lamborghini automobile dealership two stories (No basement). • Conceptual building systems: The building areas are proposed to be supported on conventional concrete foundation/footings, with concrete slab on- grade. The roof structure over the second story is proposed to be structural steel framed with metal deck. Schedule: • The project is planned to commence construction in third /forth quarter of 2007 and is expected to have a 10 to 12 -month construction duration. Demolition Construction Stage: • The on site buildings and site improvements will be demolished and hauled off site to approved locations. We anticipate that demolition will take approximately 19 workdays and will require approximately an average of 10 loads per day to safely remove the debris from the site. Haul out will be by 10 c.y. low boy dumpsters, 40 c.y dumpsters or dump trucks. Construction workers will park on site (At the back of the existing parking area) during this stage of construction. • Dust control will be used during this operation and sweeping and cleaning of Coast Highway as needed. Site Excavation Construction Stage: • The site will require excavation and should be a balance site excavation (Cut & Fill to balance). • There may be some minor export of soils from footing excavation. • Due to the extremely limited site access that is only accessible from West Coast Highway, the construction equipment will be stored on site in the excavation and the limited area around the building. • Construction workers will park on site. • Dust control will be used during this operation and sweeping and cleaning of Coast Highway as needed. 23146 Arroyo Vista • Rancho Santa Margarita, CA 92688 (949) 635 -6700 • Fax (949) 635 -6800 �� Traffic Control • The site frontage is about 100 feet long and has a single drive approach. It is proposed to use a single entry and exit point for vehicles for a majority of construction operations in order to ensure and maintain safe site entry and exit to the street and to minimize impacts to traffic and circulation on Coast Highway. Flagmen will be used for traffic control to maintain safety for construction equipment deliveries. STANDARD CONSTRUCTION PRACTICES AND CAL -OSHA: • Throughout the construction time frame we will enforce CAL -OSHA safety requirements for all workmen and construction site activities. • Construction areas to have temporary construction fencing in order.to secure the site during construction. • For Public safety we will provide barricades, lighting, safety and warning signs as needed. Professional Services Construction Inc. Al Strabic 23146 Arroyo Vista • Rancho Santa Margarita, CA 92688 (949) 635 -6700 • Fax (949) 635 -6800 r,