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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
TO: HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
FROM: David Lepo, Contract Planner
949 - 553 -1427, dlepo @hogleireland.com
COUNCIL AGENDA
NR S ;
Agenda Item 3
May 24, 2005
SUBJECT: Resolution Certifying Final EIR; Resolution Approving
General Plan Amendment No. 2004 -004, Use Permit No.
2004 -026, Modification Permit No. 2005 -030 and Traffic
Study No. 2004 -003; and Ordinance Adopting Planned
Community Text Amendment No. 2004 -003 for Newport
Lexus Automobile Dealership (PA 2004 -153)
LOCATION: 3901, 3931, 3961 MacArthur Boulevard
848, 888 Dove Street
APPLICANT: Wilson Automotive Group
ISSUE:
Clarification of City Council action on May 10, 2005, to approve Newport Lexus
project, by adoption of Resolutions and introduction of Ordinance.
RECOMMENDATIONS:
1. Clarify the City Council action of May 10, 2005, approving the Newport
Lexus project, and certification of the EIR, by adoption of Resolution No.
certifying the Final EIR and Resolution No. approving General
Plan Amendment No 2004 -004, Use Permit No. 2004 -026, Modification
Permit No. 2005 -030, and Traffic Study No. 2004 -003; and,
2. Clarify City Council action of May 10, 2005 approving Planned Community
Text Amendment No. 2004 -003 for the project by introduction of
Ordinance No. read by title only and waive further reading,
and set Ordinance No. for second reading and adoption on June
14, 2005.
Newport Lexus
May 24, 2005
Page 2 of 2
DISCUSSION:
On May 10, 2005, City Council voted to approve all the necessary development
approvals for the Newport Lexus dealership on properties at 3901, 3931, 3961
MacArthur Boulevard and 848 & 888 Dove Street. All the required Resolutions
and the Ordinance were included in report and considered by the City Council on
May 10, 2005, however, the recommended action in the May 10, 2005, City
Council staff report for this item, did not include specific language indicating the
need for a motion and vote to adopt the Resolutions, and for a motion and vote to
introduce and set Ordinance No. for a second reading.
The recommended action should have included City Council approval of the
adoption of Resolution No. certifying the Final EIR, adoption of Resolution
No. approving a General Plan Amendment, a Modification Permit, a Use
Permit, and a Traffic Study, and introduction and second reading of Ordinance
No. amending the Planned Community Text for Newport Place. In order to
clarify any ambiguity in the record regarding the May 10, 2005, vote on the
Newport Lexus project, City Council should clarify its action by adoption of the
Resolutions and introduction of the Ordinance.
Submitted by:
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Sharon Wood
Assistant City Manager
Prepared by:
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David Lepo
Contract Planner
Attachments: 1. Resolution Certifying EIR
2. Resolution Approving General Plan Amendment, Use Permit, Modification
Permit and Traffic Study
3. Ordinance Amending Planned Community Text
• RESOLUTION NO. 2004 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AND
ADOPTING A MITIGATION MONITORING PROGRAM REGARDING THE
NEWPORT LEXUS AUTOMOBILE DEALERSHIP FOR PROPERTY
LOCATED AT 848 & 888 DOVE STREET AND 3901, 3931, & 2961
MACARTHUR BOULEVARD (PA 2004 -153)
WHEREAS, an application was filed by Wilson Automotive Group for property identified
as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur Boulevard located at the
southwesterly corner of the intersection of MacArthur Boulevard and Jamboree Road. The
application requests approval of: a General Plan Amendment to change the land use
designation from "Administrative, Professional and Financial Commercial' to 'Retail and
Service Commercial' for the 5 -acre northerly portion of the site and establish a maximum
developable gross floor area of 139,000 square feet for the entire 8 -acre project site; an
amendment to the Newport Place Planned Community Development Standards to change
the designation of the 3 -acre southerly portion from "Auto Center Site" to "General
Commercial' and combine the 3 -acre site and the 5 -acre site into a single site designated
Site 7 and to revise use and development regulations in the Planned Community Text to
allow construction of a 114,485 square -foot automobile dealership comprised of a 42,142
square -foot automobile showroom building and a 72,343 square -foot service department
facility; a Use Permit as required by the Planned Community Text for an automobile
dealership and for a wine bar pursuant to the Alcoholic Beverage Ordinance; a Modification
Permit to allow encroachment of vehicle display areas into required landscaped yards,
encroachment of eight (8) new vehicle display pads into required yards, and encroachment of
a screening wall and tire and fluid storage areas into a required yard; and, a Traffic Study
pursuant to the Traffic Phasing Ordinance.
WHEREAS, in accordance with California Environmental Quality Act (CEQA)
requirements, a Notice of Preparation (NOP) was filed with the State Clearinghouse, which
assigned State Clearinghouse No. 2004081004.
WHEREAS, the NOP and an Initial Study were distributed to all responsible and
trustee agencies and other interested parties for a 30 -day public review period commencing
on August 2, 2004 and ending on September 1, 2004.
WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of
a Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse, and the
Draft EIR was distributed to agencies, interested organizations, and individuals by the City.
The distribution list is available at the City of Newport Beach Planning Department. The Draft
EIR dated November 2004 was distributed separately due to bulk and is hereby designated
as Exhibit EIR 1.
•WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant
to State law, which commenced on November 29, 2004 and ended on January 12, 2005.
EXI HBIT No. 1
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City Council Resolution No. ,
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WHEREAS, all comments received during the public review period for the Draft EIR
were responded to in the Response to Comments document. The Response to Comments
document was distributed separately due to bulk and is hereby designated Exhibit EIR -2.
WHEREAS, on April 21, 2005, the Planning Commission held a public noticed public
hearing at which time the final Environmental Impact Report, comprised of the Draft
Environmental Impact Report, a listing of persons and organizations that provided written
comments on the Draft Environmental Impact Report during the public circulation period, a
compilation of the these comments, and responses to those comments, was considered.
Notice of time, place and purpose of the public hearing was duly given and testimony was
presented to and considered by the Planning Commission at the hearing.
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted
Resolution No. 1665, recommending that the City Council certify the EIR as complying with
the requirements of CEQA.
WHEREAS, the Final Environmental Impact Report identifies potential significant
impacts to the environment and certain mitigation measures designed to reduce or avoid
these impacts to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport
Beach has reviewed and considered the information in the Final EIR, and in the full
administrative record, prior to taking any action on the project. The documents and other
material that constitute the record of proceedings on which the City Council's Findings and
decision are based are located at Newport Beach City Hall, 3300 Newport Boulevard,
Newport Beach, California 92658. The custodian for these documents is the Planning
Department Executive Secretary. This information is provided in compliance with Public
Resources Code section 21081.6(a)(2) and CEQA Guidelines section 15091(e). The
following documents are also attached to this resolution for ease of reference, and by
reference made part of this Resolution.
EIR— 1 Draft Environmental Impact Report (Distributed separately due to bulk.
Available for public review at the City's Planning Department.)
EIR-2 Responses to Comments on Draft EIR dated March 2005.
BE IT FURTHER RESOLVED THAT THE City Council does hereby make the findings
attached to this resolution as Exhibit "A" and certifies as follows:
1. That the Newport Lexus Environmental Impact Report (State Clearinghouse No.
2004081004) has been prepared in compliance with the California
Environmental Quality Act (CEQA) and the CEQA Guidelines.
2. That the EIR reflects the City Council's independent judgment and analysis.
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City Council Resolution No.
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• BE IT FURTHER RESOLVED the City Council does hereby adopt the Mitigation
Monitoring Program attached to this resolution as Exhibit "B ".
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ADOPTED this 24" day of May 2005 by the following vote, to wit:
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AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
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ATTEST:
CITY CLERK
City of Newport Beach
City Council Resolution No.
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City Council Resolution No.
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Final Environmental Impact Report
(Provided Separately Due to Bulk)
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City Council Resolution No.
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EIR -2 •
Responses to Comments on the
Draft Environmental Impact Report
(Provided Separately Due to Bulk)
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• Exhibit "A"
EIR Findings and Facts in Support of Findings
for Newport Lexus
(SCH #2004081004)
The Newport Lexus (Project) Environmental Impact Report ( "EIR "), State Clearinghouse
Number 2004081004, has been completed in accordance with the requirements of the
California Environmental Quality Act, Public Resources Code § §21000 et seq. ( "CEQA "). The
subject document, constituting the Final EIR consists of two volumes: Volume 1 is the Draft
EIR in full including appendices. Volume 2 contains the comments received on the Draft EIR
and responses to each comment including modifications incorporated into the Draft EIR.
Findings and Facts in Support of Findings are required by Public Resources Code
Section 21081 to identify each potentially significant impact identified in the EIR and indicate
the means by which each is to be avoided or reduced to a less than significant level. Section
15091 of the CEQA Guidelines requires that the public agency approving or carrying out the
Project shall make written findings for each significant impact identified in the EIR. These
findings include one of the following:
• 1. Changes or alterations have been required to, or incorporated into, the Project which
avoid or substantially lessen the significant environmental effect as defined in the EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the Final EIR.
These findings accomplish the following:
1. They address the significant environmental effects identified in the EIR for the approved
project.
2. They incorporate all mitigation measures associated with these significant impacts
identified in the Final EIR.
3. They indicate whether a significant effect is avoided or reduced by the adopted
mitigation measures to a less than significant level, or remain significant and
unavoidable, either because there are no feasible mitigation measures or because, even
with implementation of mitigation measures, a significant impact will occur.
The conclusions presented in these findings are based on the Final EIR and other evidence
in the record of proceedings. To the extent that these findings conclude that various
proposed mitigation measures outlined in the Final EIR are feasible and have not been
modified, superseded, or withdrawn, the City Council hereby implements these mitigation
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measures and incorporates these measures into the Project. The mitigation measures .
identified as feasible and within City Council authority to implement for the Project are
express conditions of approval which the City Council binds itself to upon adoption of this
resolution and project approval. Other requirements are referenced in the Mitigation
Monitoring and Reporting Plan (MMRP), adopted concurrently with these findings, and
become effective upon project implementation (Exhibit B).
Impacts found to be LESS THAN SIGNIFICANT with incorporation of MITIGATION
MEASURES
The Final EIR identifies significant impacts that are reduced to a "less- than - significant" level
by the inclusion of the mitigation measures identified in the Final EIR. Changes or alterations
have been required in, or incorporated into, the Project, which avoid or substantially lessen
the significant environmental effects identified in the Final EIR to a less- than - significant level.
These changes and alterations are set forth in the MMRP, which the City Council is adopting
concurrently with these findings.
Aesthetics and Land use
The Final EIR concludes in Impact 3A1 that the proposed project would not have a
substantial adverse effect on a scenic vista, damage a scenic resource and/or degrade the
existing visual character or quality of the site. Development of the project would result in an
overall increase in building intensity on the site and would also include rooftop parking, which
would be visible to occupants in taller neighboring buildings. The inclusion of mitigation
measure M -3A.1 would reduce this impact to less than significant.
Finding: The identified mitigation measure is incorporated into the Project requiring the
applicant to submit design plans to the City for review in order to ensure consistency with the
surrounding area and all conditions of approval. The mitigation measures would be
implemented by the Newport Beach Planning Department . With this mitigation incorporated,
the City Council finds that the identified impact is reduced to a less than significant level.
The Final EIR concludes in Impact 3A3 that redevelopment of the project site with the
proposed project would increase light and glare at the project site. The proposed project
would require nighttime building lighting, security lighting and landscape lighting all of which
would be detectable from the surrounding areas. The Final EIR identifies mitigation
measures M -3A -2 through M -3A -8 to ensure that lighting impacts are less than significant.
Finding: The identified mitigation measures are incorporated into the Project. The mitigation
measures would be implemented by the City of Newport Beach Planning Department. With
this mitigation incorporated, the City Council finds that the identified impact is reduced to a
less than significant level.
The Final EIR concludes in Impact 3A4 that the proposed project would require revisions to •
local land use plans, specifically the Planned Community Development Standards for
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Newport Place. The Final EIR identifies mitigation measures M -3A.9 and M -3A -10 which
require the applicant to apply for a Use Permit and submit project plans to the FAA for
evaluation, to ensure that the project would be consistent with local land use plans.
Finding: The identified mitigation measures are incorporated into the Project. The mitigation
measures would be implemented by the City of Newport Beach Department of Public Works.
With this mitigation incorporated, the City finds that the identified impact is reduced to a less
than significant level.
Hydrology, Water Quality and Storm Water
The Final EIR concludes in Impact 361 that the proposed project could generate a number of
general pollutants associated with its use as an automobile dealership. Construction
activities associated with the Project may impact water quality due to sheet erosion of
exposed soils and disposition of particles and pollutants in drainage areas. The use of
materials such as fuels, solvents and paints also present a risk to surface water quality due to
an increased potential for non - visible pollutants entering the storm drain system.
Compliance with the City of Newport Beach Municipal Code and preparation of a SWPPP for
NPDES compliance would help reduce impacts. The Final EIR also identifies mitigation
measures M -36.1 and M -36.2 which require proof of filing for an NOI with the SWRCB and
preparation of a WQMP prior to issuance of a grading permit.
. Finding: The identified mitigation measures are incorporated into the Project. The mitigation
measures would be implemented by the Newport Beach Planning Department. With this
mitigation incorporated, the City Council finds that the identified impact is reduced to a less
than significant level.
The Final EIR concludes in Impact 364 that the proposed project could have a significant
impact on groundwater quality. The use of materials such as fuels, solvents and paints, as
well as the potential of leakage from on site storage tanks present a risk to surface water
quality due to an increased potential for pollutants entering the storm drain system. The Final
EIR identifies mitigation measure M -36.2 which requires the applicant to have approval for a
WQMP prior to the issuance of a grading permit.
Finding: The identified mitigation measures are incorporated into the Project. The mitigation
measures would be implemented by the Newport Beach Planning Department. With this
mitigation incorporated, the City Council finds that the identified impact is reduced to a less
than significant level
The Final EIR concludes in Impact 365 that the proposed project would contribute small
quantities of contaminants to the overall runoff reaching the San Diego Creek, when added to
the contributions of the related projects; the Project would not have a cumulatively
considerable impact on hydrology and water quality in the project area. To further minimize
• impacts the Final EIR identifies mitigation measures M -36.1 and M -36.2 which require proof
of filing for an NOI with the SWRCB and preparation of a WQMP prior to issuance of a
grading permit.
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City Council Resolution No.
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Finding: The identified mitigation measures are incorporated into the Project. The mitigation is
measures would be implemented by the Newport Beach Department of Public Works. With
this mitigation incorporated, the City Council finds that the identified impact is reduced to a
less than significant level.
TransportationAraffic
The Final EIR concludes in Impact 3C1 that implementation of the proposed project would
result in a significant impact at two area intersections, MacArthur Boulevard and Jamboree
Road and Irvine Avenue and Mesa Drive. Therefore, the Final EIR identifies mitigation
measures M -3C.1 and M -3C.2 which include improvements to both intersections to mitigate
the TPO and CEQA impacts of the project. In addition, a Reduced Project Alternative was
identified. That alternative is the same as the Proposed project except that it is 13,000
square feet smaller and does not impact the intersection of MacArthur Boulevard and
Jamboree Road. The Reduced Project Alternative is now the proposed project; thus,
Mitigation measure M -3C.2 is not necessary.
Finding: The identified traffic mitigation measure, except for measure M -3C.2 which is not
necessary with the reduced Project Alternative, are also incorporated into the Project. The
mitigation measures would be implemented by the Newport Beach Planning Department.
With this mitigation incorporated, the City Council finds that the identified impact is reduced to
a less than significant level. .
The Final EIR concludes in Impact 3C2 that the proposed Project would provide adequate
parking supply. Thirty -two onsite parking spaces are provided for customers while eight
spaces are provided for vendors and over two hundred employee spaces would be provided.
The Final EIR identifies mitigation measure M -3C.3 which requires that the proposed project
comply with Newport Beach Municipal Code (Section 20.66.050) parking requirements and
would ensure impacts would be less than significant.
Finding: The identified mitigation measure is incorporated into the Project. The mitigation
measures would be implemented by the Newport Beach Planning Department. With this
mitigation incorporated, the Council finds that the identified impact is reduced to a less than
significant level.
The Final EIR concludes in Impact 3C3 that the proposed project would not create a hazard
due to a design feature. The intersection of Bowsprit Drive and MacArthur Boulevard
currently operates as an unsignalized intersection with a free -flow right turn lane. The Final
EIR identifies mitigation measure M -3C.4 which requires the project applicant to make
improvements to the intersection of Bowsprit Drive and MacArthur Boulevard. With
implementation of this mitigation measure the proposed project would not create a hazard
due to a design feature.
Finding: The identified mitigation measure is incorporated into the Project. The mitigation •
measures would be implemented by the Newport Beach Department of Public Works. With
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City Council Resolution No.
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• this mitigation incorporated, the Council finds that the identified impact is reduced to a less
than significant level.
The Final EIR concludes in Impact 3C6 that the proposed project would contribute to
deterioration of levels of service at area intersections when combined with other area
projects. Therefore, the Final EIR identifies mitigation measures M -3C.1 and M -3C.2 which
require improvements to the intersection of MacArthur Boulevard and Jamboree Road and
Irvine Avenue and Mesa Drive. With implementation of these mitigation measures impacts
would not be cumulatively considerable.
Finding: The identified mitigation measure is incorporated into the Project. The mitigation
measures would be implemented by the Newport Beach Department of Public Works. With
this mitigation incorporated, the Council finds that the identified impact is reduced to a less
than significant level.
Air Quality
The Final EIR concludes in Impact 3D2 that construction of the proposed project would
generate air emissions including 1) dust generated from grading and site preparation; 2)
hydrocarbon emissions form paint and asphalt; 3) exhaust from powered construction
equipment; and 4) motor vehicle emissions associated with construction activities, haul trucks
• and worker commute. Therefore, the Final EIR includes mitigation measures M -3D.1 through
M -3D.12 which would minimize fugitive dust and vehicle exhaust. With implementation of
these mitigation measures impacts relating to construction would be reduced to less than
significant.
Finding: The identified mitigation measures are incorporated into the Project. The mitigation
measures would be implemented by the Newport Beach Planning Department. With this
mitigation incorporated, the Council finds that the identified impact is reduced to a less than
significant level.
IMPACTS Found to be LESS THAN SIGNIFICANT without MITIGATION
The Final EIR identifies impacts that are considered to be "less than significant' and do not
require the adoption of mitigation measures. It is hereby determined that the following
environmental impacts of the Project will be less than significant.
Aesthetics and Land Use
The Final EIR concludes in Impact 3A2 that the proposed project would be consistent with
established plans and policies concerning visual resources. The proposed project would
adhere to the requirements of the Newport Place Planned Community guidelines for the
• proposed project site. Therefore, the design of the proposed project would be consistent with
existing and future design guidelines as determined by the City of Newport Beach.
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Finding: The City Council finds that Impact 3A3 is less than significant, and no mitigation •
measures are required.
The Final EIR concludes in Impact 3A5 that the proposed project would not have a
cumulative aesthetic impact when combined with other area projects. Area projects identified
include commercial /mixed use and residential projects. This development is occurring in an
area that has already been impacted by urban development. Therefore, the proposed
project, in conjunction with other area projects would not have a cumulative impact on
aesthetics.
Finding: The City Council finds that Impact 3A5 is less than significant, and no mitigation
measures are required.
Hydrology, Water Quality and Storm Water
The Final EIR concludes in Impact 362 that the proposed project would not deplete
groundwater supplies or interfere with groundwater recharge. The existing site is
approximately 95 percent impervious surface while the proposed site would be approximately
90 percent impervious. The proposed project will neither significantly increase, nor reduce,
the opportunity for groundwater recharge from existing conditions.
Finding: The City Council finds that Impact 362 is less than significant, and no mitigation
measures are required. •
The Final EIR concludes in Impact 363 that proposed alterations to the existing drainage
pattern would not exceed the capacity of existing or planned storm drains and produce
flooding on or off site. Temporary changes would occur to the drainage system due to
construction on site that would not be significant, as runoff would continue to drain through
the existing conveyances. Proposed changes would result in shorter travel distance for
runoff; however, these changes would result in insignificant capacity increases to the existing
storm drains.
Finding: The City Council finds that Impact 363 is less than significant, and no mitigation
measures are required.
Transportation/Traffic
The Final EIR concludes in Impact 3C4 that the proposed project would provide adequate
emergency access. The proposed project design would be in compliance with Fire
Department requirements regarding emergency vehicle access.
Finding: The City Council finds that Impact 3C4 is less than significant, and no mitigation
measures are required.
The Final EIR concludes in Impact 3C5 that proposed projects would not exceed levels of
service established by the County Congestion Management Agency. Traffic analysis for the •
proposed project has been carried sufficiently far enough so as to extend beyond the three
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• percent range required by the CMP and will not cause any CMP intersection to operate at a
deficient Level of Service.
Finding: The City Council finds that Impact 3C5 is less than significant, and no mitigation
measures are required.
Air Quality
According to the Final EIR Impact 3D1, the proposed project would be consistent with the Air
Quality Management Plan (AQMP). The development of the proposed project would be
consistent with urban development assumed in the City of Newport Beach General Plan and
SCAG population projections. The proposed project does not meet the criteria for regional
significance as outlined in CEQA section 152006(b).
Finding: The City Council finds that Impact 3D1 is less than significant, and no mitigation
measures are required.
According to Impact 3D3, the proposed project would generate mobile sources emissions
resulting from project operation. However, estimated daily average emissions would not
exceed significance thresholds set by the South Coast Air Quality Management District
(SCAQMD). Therefore, operational emissions would be considered a less than significant
impact to air quality.
Finding: The City Council finds that Impact 3D3 is less than significant, and no mitigation
measures are required.
Significant Unavoidable Impacts
The Final EIR concludes that no significant impacts would remain after implementation of the
identified mitigation measures. Therefore, the Project would not require adoption of a
Statement of Overriding Considerations.
Findings Concerning Alternatives
The Final EIR evaluates two project Alternatives. The Reduced Project Alternative was
identified as the environmentally superior alternative and is now the preferred Project. That
alternative is the same in all respects as the Project, except that it would be 13,000 square
feet smaller than the originally proposed project. This alternative eliminates the one CEQA
traffic impact (at the intersection of MacArthur Boulevard and Jamboree Road), and is now
the preferred project.
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Exhibit "B"
Mitigation Monitoring Program
for Newport Lexus
(SCH #2004081004)
Aesthetics and Land Use
Impact 3A1: Impacts to scenic vistas, scenic resources, existing visual character and quality.
• M -3A.1 In accordance with the City of Newport Beach General Plan and "Planned Community
Development Standards, Newport Place," the applicant shall submit design plans to the City of
Newport Beach for review to ensure consistency with the surrounding area and all conditions of
approval.
MONITORING AND REPORTING MONITORING MONITORING SCHEDULE
ACTIONS RESPONSIBILITY
Maintain record of oversight for Newport Beach Prior to project construction.
administrative record. Department of Planning
Impact 3A3: Impacts associated with new sources of light and glare that could affect surrounding uses.
M -3A.2: All lighting fixtures shall be consistent with Illuminating Engineering Society of North America
(IESNA) "sharp cut -off' fixtures, and will be fitted with flat glass lenses and internal and external
shielding.
M -3A.3: All fixtures shall be parallel with the finished grade of the project site; no fixtures shall be tilted
above a 90- degree angle.
M -3A.4: Lighting levels will be appropriately designed to fall within the IESNA recommendation for
automobile dealerships.
M -3A.5: Site lighting systems and showroom lighting shall be grouped into control zones to allow for
open, closing and night light/security lighting schemes. All control groups shall be controlled by an
automatic lighting control system utilizing a time clock; photocell, and a low voltage relays.
M -3A.6: Design and layout of the site shall take advantage of landscaping, on -site architectural massing,
and off -site architectural massing to block light sources and reflection from cars.
M -3A.7: The applicant shall submit a lighting plan and photometric plan to be reviewed by the City of
Newport Beach. The lighting plan shall include design features (such as those mentioned above) to
minimize impacts of light and glare on the surrounding area.
M -3A.8: A post - installation inspection will be required to ensure that the site is not excessively
illuminated at that illuminations lighting sources are properly shielded.
MONITORING AND REPORTING MONITORING MONITORING SCHEDULE
ACTIONS RESPONSIBILITY
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Monitor compliance with construction contract Newport Beach
specifications. Maintain record of oversight Department of
for administrative record. Planning
Impact 3A4: Consistency with local land use policies and plans.
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City Council Resolution No. _
Page 15 of 20
Prior to and during construction
• M -3A.9: The applicant shall apply for a Use Permit from the City to allow the proposed use on the
site. The City shall amend the text of "Planned Community Development Standards, Newport Place"
to reflect the proposed use on the site and incorporate development standards reflecting the highest
level of improvements as now exist in the project area.
MONITORING AND REPORTING
ACTIONS
Maintain record of oversight for
administrative record.
MONITORING
RESPONSIBILITY
Newport Beach
Department of Planning
Hydrology, ater Quality and Storm Water
Impact 3B1: Impacts on water quality standards.
MONITORING SCHEDULE
Prior to project construction.
M -3B.1: Prior to the issuance of a grading permit by the City, the applicant shall provide proof of filing
for an NOI with the S WRCB and prepare a project S WPPP that will describe the BMPs to be
implemented during project construction.
M -3B.2: Prior to the issuance of a grading permit by the City, the applicant shall have an approved
WQMP. The WQMP shall identify the site design, source control and treatment control BMPs that will
be implemented on the site to control predictable pollutant runoff, including operations and maintenance
plan for the prescribed structural BMPs to ensure their long -term performance.
MONITORING AND REPORTING
ACTIONS
Maintain record of oversight for
administrative record.
Impact 3B4: Impacts on groundwater quality.
MONITORING
RESPONSIBILITY
Newport Beach
Department of Planning
MONITORING SCHEDULE
Prior to project construction.
M -3B.1: Prior to the issuance of a grading permit by the City, the applicant shall provide proof of filing
for an NOI with the SWRCB and prepare a project SWPPP that will describe the BMPs to be
implemented during project construction.
M -3B.2: Prior to the issuance of a grading permit by the City, the applicant shall have an approved
WQMP. The WQMP shall identify the site design, source control and treatment control BMPs that will
be implemented on the site to control predictable pollutant runoff, including operations and maintenance
plan for the prescribed structural BMPs to ensure their long -term performance.
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MONITORING AND REPORTING
ACTIONS
Maintain record of oversight for
administrative record.
TfanspO1 fation%rfaffc
Impact 3CI: Impacts to Level of Service.
City of Newport Beach
City Council Resolution No.
Page 16 of 20
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning Prior to project construction.
Department
M -3C.I: To mitigate the TPO impact: restripe the westbound approach at the intersection of Irvine
Avenue and Mesa Drive to provide one left turn lane, one shared through/left lane and one right -turn lane.
In addition, necessary signal modifications will be made to implement split -phase signal operation on the
east -west approaches.
MONITORING AND REPORTING
ACTIONS
Monitor compliance with construction
contract specifications.
Maintain record of oversight for
administrative record.
Impact 3C2: Impacts to parking supply.
MONITORING
RESPONSIBILITY
Newport Beach Planning
Department
MONITORING SCHEDULE
Prior to and during construction.
M -3C.3: The proposed project shall comply with all City of Newport Beach Municipal Code (Section
20.66.050) parking requirements.
MONITORING AND REPORTING
ACTIONS
Monitor compliance with construction
contract specifications.
Maintain record of oversight for
administrative record.
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning Prior to and during construction.
Department
Impact 3C3: Impacts from hazards due to a design feature or incompatible use..
M -3C.4: The applicant will make the required improvements at the intersection of Bowsprit Drive and
MacArthur Boulevard to reduce the curb radius of the eastbound free right turn on Bowsprit Drive to
MacArthur Boulevard to an approximately 35 -foot curb radius to slow turning traffic and to increase the
distance between Bowsprit Drive and the project entrance.
11 -16
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MONITORING AND REPORTING
ACTIONS
Monitor compliance with construction
contract specifications.
Maintain record of oversight for
administrative record.
Impact 3C1: Cumulative traffic impacts.
City of Newport Beach
City Council Resolution No.
Page 17 of 20
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning During project construction.
Department
M -3C.1: To mitigate the TPO impact: restripe the westbound approach at the intersection of Irvine
Avenue and Mesa Drive to provide one left tum lane, one shared through/left lane and one right -tum lane.
In addition, necessary signal modifications will be made to implement split -phase signal operation on the
east -west approaches.
MONITORING AND REPORTING
• ACTIONS
Monitor compliance with construction
contract specifications.
Maintain record of oversight for
administrative record.
Air Quality
MONITORING
RESPONSIBILITY
Newport Beach Planning
Department
MONITORING SCHEDULE
Prior to and during construction.
Impact IS -IIIe: Create objectionable odors affecting a substantial number of people.
• M- III.1: Design features of the project will provide for adequate ventilation in those areas in which
vehicle exhaust would create a strong odor. The applicant shall submit design plans for approval by
the City of Newport Beach which address building ventilation.
MONITORING AND REPORTING MONITORING MONITORING SCHEDULE
ACTIONS RESPONSIBILITY
Maintain record of oversight for Newport Beach Prior to project construction.
administrative record. Department of Planning
Impact 3D2: Impacts due to construction air emissions.
. M -31).1: Cover all trucks hauling soil, sand and other loose materials, or require all trucks to maintain at
least two feet of freeboard.
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City of Newport Beach
City Council Resolution No.
Page 18 of 20
M -3D.2: Pave, water (three times daily), or apply non -toxic soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites.
M -3D.3: Sweep all paved access roads, parking areas and staging areas at construction sites daily with
water sweepers.
M -3DA: Sweep streets daily with water sweepers if visible soil material is carried onto adjacent public
streets.
M -3D.5: Hydroseed or apply non -toxic stabilizers to inactive construction areas.
M -3D.6: Enclose, cover, water (twice daily), or apply non -toxic soil binders to exposed stockpiles (dirt,
sand, etc.)
M -3D.7: Limit traffic speeds on unpaved roads to 15 miles per hour.
M -3D.8: Install sandbags or other erosion control measures to prevent silt runoff roadways during rainy
season construction (November through April).
M -3D.9: Replant vegetation in disturbed areas as quickly as possible.
M- 3D.10: All construction equipment shall be properly tuned and maintained.
M- 3D.11: Contractors shall maintain and operate construction equipment so as to minimize exhaust
emissions. During construction, trucks and vehicles in loading or unloading queues shall not idle.
M- 3D.12: Construction activities shall be staged and scheduled to avoid emissions peaks, and
discontinued during second -stage smog alerts.
MONITORING AND REPORTING
ACTIONS
Maintain record of specifications for
administrative record.
Monitor compliance with construction
contract specifications
Cultural Resources
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning Prior to and during construction
Department activities.
Impact IS- V.b -d: Cause a substantial adverse change in the significance of an archaeological resource, directly or
indirectly destroy a unique paleontological resource, or disturb any human remains.
M -V.1: In the event that an archaeological or paleontological resource is inadvertently uncovered,
the project applicant shall be required to immediately cease all construction at the place of discovery
and a qualified archaeologist and/or paleontologist retained to evaluate the find. If the archaeologist
or paleontologist determines that potentially significant paleontological or archaeological materials
or human remains are encountered, the archaeologist and /or paleontologist must recover, retrieve
and/or remove any paleontological or archaeological materials. The archaeologist shall provide a
copy of documentation of all recovered data and materials found on -site to the regional information
center of the California Archaeological Inventory for inclusion in the permanent archives and another
copy shall accompany any recorded archaeological materials data.
M -V.2: The applicant shall comply with the procedures required by NAHC as outlined in Section
50907.9 of the PRC and Section 7050 of the Health and Safety Code. In the event of discovery or
recognition of any human remains during construction or excavation activities or disturbance of the
site until the coroner has been informed.
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MONITORING AND REPORTING
ACTIONS
Maintain record of specifications for
administrative record.
Monitor compliance with construction
contract specifications
Geology and Soils
City of Newport Beach
City Council Resolution No. _
Page 19 of 20
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning During project construction
Department activities.
Impact IS- VI.c,d: Be located on unstable strata or soil, or expansive soil.
• M -VI.2: Prior to construction of the proposed project, exploration borings shall be performed in the
locations of the proposed buildings to provide detailed foundation design recommendations for the
proposed new development.
MONITORING AND REPORTING
ACTIONS
Maintain record of oversight for
administrative record.
Noise
MONITORING
RESPONSIBILITY
Newport Beach Planning
Department
MONITORING SCHEDULE
Prior to project construction.
Impact IS- XI.a,b: Exposure of persons to or generation of noise levels in excess of established standards or excessive
groundbome vibration.
• M -XI.I: During construction phases, the contractor shall ensure that all construction be performed
in accordance with the City of Newport Beach noise standards. No noise intensive construction or
repair work shall be performed between the hours of 9:00 PM and 7:00 AM on any weekday, or
before 8:00 AM or after 6:00 PM on any Saturday or national holiday, or anytime on Sundays.
During construction activities, the construction manager and inspector shall serve as the contact
persons in the event that noise levels become disruptive. A sign will be posted at the site with the
contact phone numbers.
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MONITORING AND REPORTING
ACTIONS
Maintain record of specifications for
administrative record.
Monitor compliance with construction
contract specifications
City of Newport Beach
City Council Resolution No.
Page 20 of 20
MONITORING MONITORING SCHEDULE
RESPONSIBILITY
Newport Beach Planning During project construction
Department activities.
Impact IS- XI.c,d: Cause a substantial permanent or temporary increase in ambient noise levels in the project vicinity.
M -XI.2: Design of the proposed project will incorporate measures to reduce noise associated with
the project. These measures shall include noise barriers and setbacks as appropriate that will
minimize operational noise impacts. The applicant shall submit designs to the City of Newport
Beach for approval prior to construction of the project. The proposed project shall comply with
Newport Beach municipal noise standards.
MONITORING AND REPORTING
ACTIONS
Maintain record of specifications for
administrative record.
Monitor compliance with construction
contract specifications
Utilities and Service Systems
MONITORING
RESPONSIBILITY
Newport Beach Planning
Department
MONITORING SCHEDULE
During project construction
activities.
Impact IS- XVII.g: Comply with federal, state and local statutes and regulations related to solid waste.
• M- XVII.1: During demolition and construction, inert materials, such as soil, asphalt, concrete, and
other recyclable materials, shall be recycled to the greatest extent practicable.
MONITORING AND REPORTING
ACTIONS
Maintain record of specifications for
administrative record.
Monitor compliance with construction
contract specifications
MONITORING
RESPONSIBILITY
Newport Beach Planning
Department
MONITORING SCHEDULE
During project construction
activities.
I3 -20
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RESOLUTION NO.
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2004 -004,
USE PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -003,
AND TRAFFIC STUDY NO. 2004 -003 FOR PROPERTY LOCATED AT
848 & 888 DOVE STREET AND 3901, 3931, & 3961 MACARTHUR
BOULEVARD (PA2004 -153).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Wilson Automotive Group for
property identified as 848 & 888 Dove Street and 3901, 3931, & 3961 MacArthur
Boulevard located at the southwesterly corner of the intersection of MacArthur Boulevard
and Jamboree Road. The application requests approval of: a General Plan Amendment to
change the land use designation from "Administrative, Professional and Financial
Commercial' to 'Retail and Service Commercial' for the 5 -acre northerly portion of the
site and establish a maximum developable gross floor area of 139,000 square feet for
the entire 8 -acre project site; a Use Permit as required by the Planned Community Text
for a 114,485 square -foot automobile dealership comprised of a 42,142 square -foot
automobile showroom building and a 72,343 square -foot service department facility; a
Modification Permit to allow encroachment of vehicle display areas into required
• landscaped yards, encroachment of eight (8) new vehicle display pads into required
yards, and encroachment of a screening wall and tire and fluid storage areas into a
required yard; and, a Traffic Study pursuant to the Traffic Phasing Ordinance.
WHEREAS, On April 21, 2005, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this application.
WHEREAS, the Planning Commission voted unanimously (6 -0) to recommend
approval of the General Plan Amendment, Use Permit, Modification Permit and Traffic
Study to the City Council. Prior to making the recommendation, the Planning
Commission reviewed the Draft Final EIR (State Clearinghouse No. 2004081004),
comments received on the EIR and Responses to Comments, and recommended
certification of the Draft Final EIR as compliant with California Environmental Quality
Act.
WHEREAS, on May 10, 2005, the City Council held a public hearing in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the aforesaid meeting was given. Evidence, both written and
oral, was presented to and considered by the City Council at this meeting.
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared which sets forth
objectives, supporting policies and limitations for development in the City of Newport
Beach and designates the general distribution and general location and extent of the
EXHIBIT NO.2
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City of Newport Beach
City Council Resolution No. _
Page 2 of 18 •
uses of land and building intensities in a number of ways, including floor area
limitations.
WHEREAS, the General Plan Land Use Element provides for redevelopment of
older or underutilized properties and preservation of property values through
establishment of floor area limits allowing for modest growth based on trip generation
characteristics of land uses to ensure that minimum levels of service desired by the City
are not diminished. The proposed amendment of the Land Use Element (Exhibit A)
changes the designation of a 5 -acre portion of the project site from Administrative,
Professional and Financial Commercial to Retail and Service Commercial and does not
result in an increase in the floor area limit established for the subject site and allows for
redevelopment of the underutilized subject site and with required mitigation measures
will not generate traffic in amounts that would result in an undesirable level of service in
the circulation system as indicated in the traffic study prepared for this project.
WHEREAS, consistent with Charter Section 423, Council Policy A -18 requires
that proposed General Plan Amendments be reviewed to determine if voter approval is
required. Voter approval is not required for the subject General Plan Amendment
because it will not result in generation of more than 100 peak hour trips, will not
increase allowable building area, and does not include any dwelling units. Peak hour
trip analysis for the subject General Plan Amendment included trips generated by the
proposed project plus 80% of the increase in trips associated with a previous General
Plan Amendment in the same General Plan Statistical Area and indicated an increase of
21.26 AM peak hour trips and 31 PM peak hour trips. The project will be tracked as a
prior amendment per Charter Section 423 and Council Policy A -18.
WHEREAS, the General Plan requires that the City maintain suitable and
adequate standards for landscaping, sign control, site and building design, parking and
other development standards to ensure that commercial projects are aesthetically
pleasing and compatible with surrounding land uses. The City maintains and
implements development standards through the Zoning Ordinance which enables
adoption of Planned Community District Regulations, approval of Use Permits for
certain uses, and approval of Modification Permits. The Planned Community
Development Standards Newport Place includes permitted uses and uses permitted
subject to a Use Permit, regulations that ensure that the size and scale of the building,
the number of parking spaces provided, the building setbacks provided, the areas of
landscaped yards, and the design and placement of signs result in a project that is
aesthetically pleasing and compatible with surrounding land uses consistent with
objectives of the Municipal Code.
WHEREAS, the proposed project is subject to a Use Permit consistent with the
Planned Community Development Standards Newport Place text with amendments •
proposed as part of this project. The location and design of the proposed use and
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City of Newport Beach
City Council Resolution No.
• Page 3 of 18
facilities and the proposed conditions of the Use Permit under which the use 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 for the following reasons:
1. All potentially significant environmental effects will either be avoided or reduced
to a less than significant level through the implementation of mitigation measures
as identified in the Final EIR for this project.
2. The proposed use and improvements are located adjacent to the rear wall of a
retail commercial center and separated from office buildings by Jamboree Road,
MacArthur Boulevard, and Dove Street such that appropriate separation of uses
and buildings is provided. The proposed facility is substantially consistent in
design, quality of materials, scale, and building volume with nearby structures. A
condition of approval of the Use Permit requires that the applicant submit a
detailed sign plan and program for review by the Planning Commission.
3. Adequate vehicular access to the site can be provided from MacArthur Boulevard
• and from Dove Street as indicated in a circulation study and a weaving analysis
prepared for the proposed project. Vehicular access points are situated as to
provide safe ingress and egress to the site. Conditions of approval of the Use
Permit include street improvements at MacArthur Boulevard and Bowsprit and
the installation of on -site directional signs to direct drivers to exit the site onto
Dove Street rather than onto MacArthur if intending to turn left from MacArthur
onto eastbound Jamboree Road as means to enhancing safe vehicular
movements near the site. In addition, the applicant is required to restrict the
route used for new and used vehicle test drives as described in the conditions of
approval.
4. No noise sensitive receptors are located near the proposed facility. Potential
impacts from construction and operational noise will be reduced to less than
significant levels through FEIR Mitigation Measures M -XIA and M -XI 2 which limit
hours of construction and require noise barriers and through a Use Permit
condition requiring a noise study to assure that noise levels at property lines
nearest the automobile service facility and car wash are consistent with the City's
noise standards.
5. Nighttime lighting of the dealerships will be subject to FEIR Mitigation Measures
M -3A.2 through M -3A.8 relating to lighting plans, fixture selection, and operations
controls that minimize potential lighting and glare impacts.
6. The proposed project includes on -site parking in excess of that required by the
. Planned Community Development Standards Newport Place. In addition, a
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City of Newport Beach
City Council Resolution No.
Page 4 of 18 •
condition of approval of the Use Permit requires that the applicant ensure that
employees of Newport Lexus park only on the dealership site.
WHEREAS, a request for a Use Permit for a wine bar in the new car showroom
of the proposed facility was withdrawn from further consideration by the applicant at the
Planning Commission public hearing;
WHEREAS, a request for approval of a Modification Permit is included with this
application because the landscaped front yard adjacent to Jamboree Road is proposed
to be a minimum of 18 feet rather than 30 feet as required by the Planned Community
Development Standards Newport Place (PC Text), because eight (8), circular
automobile display pads are proposed in the landscaped yards at Jamboree Road,
MacArthur Boulevard, and Dove Street, because the front yard between the showroom
building and the Dove Street property line is proposed to be a minimum of 28 feet rather
than 30 feet as required by the PC Text, and because a 10 -foot high architectural
screening wall and tire and vehicle fluid storage areas are proposed at a minimum of 10
feet from the Dove Street property line within the 30 -foot front yard required by the PC
Text. Chapter 20.93 of the Zoning Code authorizes granting of a Modification Permit
whenever strict application of provisions of the Zoning Code, including those applicable
to landscaped yards and required building setbacks in front yards, would preclude a •
reasonable use of property. Because a 60 foot -wide easement for a water line and a
storm drain bisect the proposed project site, the possible need for future repair or
replacement of these lines by the City requires that sufficient access be maintained and
that no building or structure be located across the easement. Compliance with
minimum required front yards at each of three street frontages abutting the project site
further restricts the area that may be developed with buildings. Approval of a
Modification Permit to accommodate these project components would not be
detrimental to the health, safety, peace, comfort and general welfare of persons residing
or working in the neighborhood, would no be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City, and would be
consistent with the legislative intent of the Zoning Code for the following reasons:
1. The landscaped yard adjacent to Jamboree Road has a variable depth ranging
from 52' -6" to 18' from the existing right -of -way line results in landscaped yard
area significantly greater in area than that which would result from incorporation
of landscaped yard with a constant depth of 30 feet. No buildings will encroach
into this landscaped yard thereby avoiding possible inappropriate building
massing near lot lines.
2. The front yard at the automobile showroom is 28 feet at its narrowest point and
40 feet at the widest point which results in landscaped yard area significantly
greater than that which would result from incorporation of a landscaped yard with
a constant depth of 30 feet. •
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City of Newport Beach
City Council Resolution No.
• Page 5 of 18
3. The 10 -foot high architectural screening wall at Dove Street provides a visual
barrier between the street and the interior of the service building and screens the
tire and fluid storage areas from view from Dove Street and the 10 -foot yard
proposed shall be heavily landscaped to enhance the streetscape. A condition of
approval of the Use Permit and the Modification Permit requires installation of
minimum 36 -inch box trees and minimum 5- gallon shrubs in this 10 -foot yard.
4. The proposed encroachments do not occur adjacent to any structures on another
property but at rights -of -way that provide sufficient distance between the
proposed buildings and those on other properties.
5. Increase in the sizes and numbers of plants provided at each front yard provide
adequate visual relief and separation to compensate for reduction in minimum
distances.
WHEREAS, a Traffic Study was prepared under the direction and supervision of
the City Transportation /Development Services Manager in accordance with the
requirements of the Traffic Phasing Ordinance (TPO). The study found that the
proposed project would result in a decrease in the level of service at the intersection of
Irvine Avenue and Mesa Drive from "D" to "E ". Circulation improvements at the Irvine
• Avenue /Mesa Drive intersection that the applicant is required to make and /or fund, as a
condition of project approval and pursuant to a reimbursement program or otherwise,
will mitigate this decrease in level of service such that the project will neither cause nor
make worse an unsatisfactory level of service.
WHEREAS, the Final Environmental impact Report (State Clearinghouse No.
2004081004) certified by City Council Resolution No. 2004- identifies potential
significant impacts to the environment and certain mitigation measures designed to
avoid such impacts or reduce them to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED
Based on the aforementioned findings, the City Council hereby approves General Plan
Amendment No. 2004 -004 as in Exhibit "A" and the revised General Plan Land Use
Map depicted in Exhibit "B ".
NOW, THEREFORE, BE IT FURTHER RESOLVED
Based on the aforementioned findings, the City Council hereby approves Use Permit
No. 2004 -026, Modification Permit No. 2005 -030, and Traffic Study No. 2004 -003
subject to Conditions of Approval set forth in Exhibit "C" and subject to adoption of
Ordinance No. approving Planned Community Text Amendment No. 2004-
. 003.
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City of Newport Beach
City Council Resolution No.
Page 6 of 18 •
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 24th day of May, 2005
by the following vote to wit:
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City of Newport Beach
City Council Resolution No. _
• Page 7 of 18
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
ATTEST:
CITY CLERK
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MAYOR
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City of Newport Beach
City Council Resolution No.
Page 8 of 18 •
Exhibit "A"
The following text in the General Plan Land Use Element under Airport Area (Statistical
Area 11-4) shall be revised from:
2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The site is designated for
Administrative, Professional and Financial Commercial and Retail and Service
Commercial land use. The site is allocated 204,530 sq. ft. plus 3.0 acres for auto
center use.
to read as follows:
2 -9. NP Block J. Block J is bounded by Dove Street, Bowsprit Drive, MacArthur
Boulevard, Jamboree Road and Bristol Street North. The site is designated for
Retail and Service Commercial and for Administrative, Professional and Financial
Commercial land uses. The site is allocated 228,530 sq. ft.
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City of Newport Beach
City Council Resolution No.
Page 9 of 18
Exhibit "B"
City of Newport Beach
City Council Resolution No.
Page 10 of 18 •
Exhibit "C"
CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2004 -004, USE
PERMIT NO. 2004 -026, MODIFICATION PERMIT NO. 2005 -030, AND TRAFFIC
STUDY NO. 2004 -003
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved site plans,
floor plans, and elevations marked as Exhibit No. A to Planning Commission Staff
Report for PA 2004 -153 dated April 21, 2005.
3. The service canopy shall provide minimum 15' — 0" vertical clearance over the
water line and storm drain easement unless otherwise approved by the City.
4. 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. The
Use Permit does not permit the use or operation of a wine bar.
5. 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.
6. 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.
7. 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.
8. 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.
9. Use Permit No. 2004 -026 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. •
City of Newport Beach
City Council Resolution No.
• Page 11 of 18
10. Traffic Study No. 2004 -003 shall expire unless exercised within 24 months from the
date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal
Code. This approval shall be deemed exercised by the issuance of a building
permit to construct the proposed automobile dealership.
11. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings
shall be completed no more than 60 months from the date of final approval of
Traffic Study No. 2004 -003.
12. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be notified of the conditions of this approval by the current owner or
leasing company.
13. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and
approval by the Newport Beach Building Department and the Fire Department.
14. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
15. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
16. The operator of the facility shall be responsible for ensuring that employees of the
project automobile dealership park only on -site in areas designated for employee
parking consistent with approved building plans.
17. The operator of the facility shall be responsible for the control of noise generated by
the subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code.
18. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
19. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
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City of Newport Beach
City Council Resolution No.
Page 12 of 18
20. 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.
21. Prior to the issuance of grading /building permits, Fair Share Traffic Fees shall be
paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code.
22. Prior to the issuance of grading /building permits, transportation corridor fees shall
be paid in accordance with the TCA Major Thoroughfare and Bridge Fee
Program.
23. Prior to the issuance of grading /building permits, the final design of all required
off -site right of way improvements shall be reviewed and approved by the Public
Works Department and Traffic Engineer.
24. Prior to the issuance of grading /building permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of •
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
25. Prior to the issuance of a grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional
Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to
eliminate and /or minimize stormwater pollution prior to, and during construction.
The SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins
to trap sediment from run -off and allow clarification prior to discharge.
26. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area •
Management Plan (DAMP). Particular attention should be addressed to the
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City of Newport Beach
City Council Resolution No.
Page 13 of 18
appendix section "Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMP's, and assignment of
long term maintenance responsibilities (which shall also be included in the
Maintenance Agreement). The plan shall be prepared to the format shown in
"Attachment C" of the DAMP title "Water Quality Management Plan Outline" and
be subject to the approval of the City.
27. Prior to the issuance of a grading permit, the applicant shall provide proof of filing
for an NOI with the SWRCB and prepare a project SWPPP that will describe the
BMP's to be implemented during project construction.
28. Prior to the issuance of a building permit, the final design of all on -site parking,
vehicular circulation, pedestrian circulation, and exiting through driveways, and
driveway approaches shall be subject to the approval of the Traffic Engineer. The
location, number, and dimensions of the parking spaces shall be in substantial
conformance with the approved site plan.
29. Prior to the issuance of a building permit, the applicant shall submit for review of the
Traffic Engineer a plan for installation of on -site directional signs at appropriate
• locations as deemed necessary by the Traffic Engineer to direct drivers to exit the
site onto Dove Street, rather than on to MacArthur, if intending to turn left from
MacArthur on to eastbound Jamboree Road.
30. Prior to the issuance of a building- permit, the trash enclosure design shall be
approved by the Planning Department. The trash enclosure shall be enclosed by
three walls, a self - closing, self - latching gate and shall have a decorative, solid roof
for aesthetic and screening purposes. The design of the enclosure shall be
integrated with the design of the other on -site buildings and structures.
31. Prior to the issuance of a building permit, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
include, at a minimum, 36 -inch box trees and 5- gallon container shrubs in the
ten -foot landscaped front yard between the service building screening wall and
the Dove Street right of way required as a condition of approval of Modification
Permit No. 2005 -0303. The landscape and irrigation plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans
shall be approved by the Planning Department, General Services Department
and Public Works Department. All planting areas shall be provided with a
permanent underground automatic sprinkler irrigation system of a design suitable
for the type and arrangement of the plant materials selected. The irrigation
system shall be adjustable based upon either a signal from a satellite or an on-
site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
55
City of Newport Beach
City Council Resolution No.
Page 14 of 18
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
32. Prior to the issuance of a building permit, the applicant shall submit for review of
the Traffic Engineer the vehicular route that dealership representatives shall
require that customers follow when test driving new or used vehicles.
33. Prior to the issuance of a building permit, in accordance with the City of Newport
Beach General Plan and Planned Community Standards for Newport Place, the
applicant shall submit design plans to the City of Newport Beach for review to
ensure consistency with the surrounding area and all conditions of approval.
34. Prior to the issuance of a building permit, the applicant shall submit a detailed
sign plan and program for review by the Planning Commission and an application
for Modification Permit if required by the PC text. The final location of the signs
shall be reviewed by the City Traffic Engineer and shall conform to City Standard
110 -L to ensure that adequate sight distance is provided.
35. Prior to the issuance of a building permit, the applicant shall prepare a lighting
plan and photometric study for approval by the Planning Director. The buildings
and grounds shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America or
based on the opinion of the Planning Director that the illumination creates an
unacceptable negative impact on surrounding land uses or environmental
resources. The Planning Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated. The lighting
plan shall include design features to minimize impacts of light and glare on the
surrounding area as follows:
a. All lighting fixtures shall be consistent with Illuminating Engineering
Society of North America ( IESNA) "sharp cut -off' fixtures, and will be fitted
with flat glass lenses and internal and external shielding.
b. Exterior, on -site lighting shall be shielded and confined within site
boundaries; no direct rays or glare are permitted to shine on public streets
or adjacent sites or create a public nuisance.
C. Light standards for parking areas shall not exceed twenty feet in height.
d. All fixtures shall be parallel with the finished grade of the project site; no
fixtures shall be tilted above a 90- degree angle.
e. Lighting levels will be appropriately designed to fall within the IESNA
recommendations for automobile dealerships. 0
I
City of Newport Beach
City Council Resolution No.
• Page 15 of 18
f. Site lighting systems and showroom lighting shall be grouped into control
zones to allow for open, closing, and night light/security lighting schemes.
All control groups shall be controlled by an automatic lighting control
system utilizing a time clock, photocell, and low voltage relays.
g. Design and layout of the site shall take advantage of landscaping, on -site
architectural massing, and off —site architectural massing to block light
sources and reflection from cars.
36. Prior to issuance of a building permit, the applicant shall submit project plans to
the FAA to be evaluated under the FAR Part 77 procedure and to the ALUC for a
Determination of Consistency or Inconsistency with the JWA AELUP.
37. Prior to issuance of a building permit, applicant shall provide Letter of Closure
from the County of Orange Health Care Agency for any leaking underground
storage tank previously located on the site.
38. Prior the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
• a. Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
b. Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
C. Any imported soil for general grading shall have a Expansion Index of less
than 60.
d. Control site drainage.
e. Design footing embedments to resist the effects of expansive soil.
f. Maintain a proportionately high dead load component on foundations.
g. Over- excavate and moisture soils condition below foundations, floor slabs
and hardscape.
h. Use of articulation and reinforcement of concrete slabs and footings.
i. Use of rigid foundation and floor slabs.
39. Prior to the issuance of a building permit, the project shall be reviewed by the
Building Department to verify compliance with the following requirements:
a. Provide fire sprinklers for all buildings;
b. Provide Class I standpipes for parking structure in addition to fire
• sprinklers;
3')
City of Newport Beach
City Council Resolution No.
Page 16 of 18 •
C. Elevators shall be capable of accommodating a gurney in accordance with
Chapter 20 of the California Building Code, 2001 Edition;
d. Provide on -site hydrants;
e. All gates to property shall be automatic and provided with opticom and
knox key.
40. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been installed in
accordance with the approved plans.
41. 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 as specified in these
conditions.
42. Prior to issuance of the certificate of occupancy, the applicant shall conduct a
noise study and provide verification of the results of such study to the Planning
Department to assure that noise levels at property lines nearest the service
facility and car wash comply with the City's noise standards. .
43. Prior to issuance of the certificate of occupancy, to mitigate the TPO impact,
restripe the westbound approach at the intersection of Irvine Avenue and Mesa
Drive to provide one left turn lane, one shared through /left lane and one right -turn
lane. In addition, necessary signal modifications will be made to implement split -
phase signal operation on the east -west approaches.
44. Prior to issuance of a certificate of occupancy, applicant shall make the required
improvements at the intersection of Bowsprit Drive and MacArthur Boulevard to
reduce the curb radius of the eastbound free right turn on Bowsprit Drive to
MacArthur Boulevard to approximately 35 feet to slow turning traffic and to
increase the distance between Bowsprit Drive and the project entrance.
45. During construction of the proposed improvements:
a. construction vehicles shall not block roadways on any roads adjacent to
the project site or any of the roads leading to or from the project site;
b. construction equipment will be properly maintained at an off -site location
and includes proper tuning and timing of engines. Equipment
maintenance records and equipment design specification data sheets
shall be kept on -site during construction; .
16
City of Newport Beach
City Council Resolution No. _
• Page 17 of 18
C. all contractors will be advised not to idle construction equipment on site for
more than ten minutes;
d. on -site diesel fueled construction equipment will be fueled with aqueous
diesel fuel;
e. cover all trucks hauling soil, sand, and other loose materials, or require all
trucks to maintain at least two feet of freeboard;
f. pave, water (three times daily), or apply non -toxic soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction
sites;
g. sweep all paved access roads, parking areas, and staging areas at
construction sites daily with water sweepers;
h. Sweep streets daily with water sweepers if visible soil material is carried
onto adjacent public streets;
i. hydroseed or apply non -toxic stabilizers to inactive construction areas;
• j. enclose, cover, water (twice daily), or apply non -toxic soil binders to
exposed stockpiles (dirt, sand, etc.);
k. limit traffic speeds on unpaved roads to 15 miles per hour;
install sandbags or other erosion control measures to prevent silt runoff to
public roadways during;
M. replant vegetation in disturbed areas as quickly as possible;
n. all construction equipment shall be properly tuned and maintained;
o. contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions;
P. trucks and vehicles in loading or unloading queues shall not idle;
q. construction activities shall be staged and scheduled to avoid emissions
peaks, and discontinued during second -stage smog alerts.
46. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
47. The applicant shall ensure that the trash dumpsters and /or receptacles are
• maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
1y
City of Newport Beach
City Council Resolution No.
Page 18 of 18 •
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).
48. All landscape materials and landscaped areas shall be installed and maintained
in accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
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.
49. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate) or otherwise be screened from view of
neighboring properties, except when placed for pick -up by refuse collection
agencies. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
•
•
40
• ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED COMMUNITY TEXT AMENDMENT
NO. REVISING THE LAND USE PLAN, PERMITTED USES,
AND DEVELOPMENT STANDARDS OF THE NEWPORT PLACE
PLANNED COMMUNITY AS THEY RELATE TO THE NEWPORT
LEXUS AUTOMOBILE DEALERSHIP PROPOSED ON PROPERTY
LOCATED AT NORTHWESTERLY OF THE INTERSECTION OF
MACARTHUR BOULEVARD AND JAMBOREE ROAD (PA2004 -153)
WHEREAS, on April 21, 2005, the Planning Commission of the City of Newport
Beach held a noticed public hearing regarding this code amendment.
WHEREAS, the Planning Commission voted unanimously to recommended
approval of this code amendment to the City Council.
WHEREAS, on May 10, 2005, the City Council of the City of Newport Beach held
a noticed public hearing regarding this code amendment.
WHEREAS, the proposed Planned Community Development Regulations set
forth use and development standards and include a Land Use Plan for the Newport
Place Planned Community. The proposed regulations provide suitable and adequate
• standards relating to setbacks, building height limits, floor area limits, and signs.
WHEREAS, the proposed Planned Community Development Regulations (Zoning)
are consistent with the General Plan land use designation of Retail and Service
Commercial for the proposed Newport Lexus automobile dealership site and adopted
concurrently with this ordinance.
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2004081004) certified by City Council Resolution No. 2005- identifies potential
significant impacts to the environment and certain mitigation measures designed to
reduce or avoid these impacts to a less than significant level.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The Newport Place Planned Community Development Regulations
of the Newport Beach Municipal Code shall be amended as indicated in Exhibit "A ".
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
EXHIBIT NO.3
4k
City of Newport Beach
City Council Ordinance No.
Page 2 of 10
This Ordinance was introduced at a regular meeting of the City Council of the City of .
Newport Beach held on May 24, 2005, and adopted on the 14 h day of June 2005," by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ZIT3700
ATTEST:
CITY CLERK
•
•
av
•
City of Newport Beach
City Council Ordinance No.
Page 3 of 10
Exhibit "A"
The following revisions are incorporated into Planned Community Development
Standards Newport Place:
STATISTICAL ANALYSIS, PART IL COMMERCIAUPROFESSIONAL & BUSINESS
OFFICES is amended to read as follows:
STATISTICAL ANALYSIS
PART II. COMMERCIALIPROFESSIONAL & BUSINESS OFFICES
A. Building Sites
Site 1 & 2........38.5
acres'
Site 2A............3.9
acres [31]
Site 4 ..................9.0
acres
Site 5 ..................7.4
acresz
Site 6 ..................1.9
acres
Site 7 ..................2.5
acres
Site 8 ..................1.64
•
acres.......................
64.84 acres [20]
B. Building Area
Site 1 &2 ......... 860,884 square feet [5, 14, 17, 30]
Site 2A ............
109,200 square feet [31]
Site 4 .................228,214
square feet [32]
Site 5 .................268,743
square feet [16, 19, 21, 24, 251
Site 6 ....................42,420
square feet
Site 7 ................
55,860 square feet
Site 8 .............
54.000 square feet [20]
1,619,321 square feet [21, 30, 31, 32, 33]
'Commercial/Professional and Business Office Site I and 2 have been reduced by 36,119 feet with
the reduction allocated to the allowed building area for Parcels I & 2 of Resubdivision 585. The
allowable building area for Parcel I & 2 of Resubdivision 585 is now 272,711 square feet. [141
21f commercial uses are constructed on Commercial/Professional and Business Office Site 5 which
are ancillary to and in the same building as office uses, additional development up to a maximum of
• 294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. ft. [21, 24, 251
U3
City of Newport Beach
City Council Ordinance No.
Page 4 of 10
The following statistics are for information only. Development may include, but shall not •
be limited to the following.
C. Typical Building Mix/Site Utilization
Typical site areas for buildings of varying heights are provided for purposes of illustration.
Development of any of the Sites indicated may include any number of combinations of
building types, characterized by number of stories, within the range of building types
indicated for that site.
Site 1 & 2 ................860,884 square feet [5, 14, 17, 30]
a. Two Story ................
8.42 acres
b. Three Story ............
5.61 acres
c. Four Story ...............
4.21 acres
d. Five Story ..............
3.37 acres
e. Six Story .................
2.81 acres
Site 2A ............ 109,200 square feet [31]
a. Two Story ......................1.25
acres
b. Three Story ...................0.84
acres
c. Four Story ....................
0.63 acres .
d. Five Story ....................
0.51 acres
Site 4 .................. 228,214 square feet [32]
a. Two Story . ...........................2.31
acres
b. Three Story .........................
1.54 acres
c. Four Story ...........................
1.15 acres
d. Five Story . ...........................0.92
acres
e. Six Story ... ...........................0.77
acres
Site 5 ..................268,743 square feet [16, 19, 21, 25]
a. Two Story ..........................1.90
acres
b. Three Story ........................1.27
acres
c. Four Story ..........................0.95
acres
d. Five Story ..........................0
76 acres
e. Six Story . ...........................0.63
acres
f. Nine Story ..........................0.50
acres
Site 6 .............. 42,420 square feet
a. Two Story ..........................0.49 acres •
U4
City of Newport Beach
City Council Ordinance No. _
Paqe 5 of 10
. b. Three Story ....................... 0.32 acres
c. Four Story ......................... 0.24 acres
d. Five Story ..........................0.19 acres
e. Six Story .......................... 0.16 acres
Site 7 .....................55,860 square feet
a. Two Story ...........................
0.64 acres
b. Three Story ......................
0.43 acres
c. Four Story . ...........................0.32
acres
d. Five Story ...........................0.26
acres
e. Six Story ... ...........................0.21
acres
Site 8 ..................54,000 square feet [20]
a. Four Story . ...........................0.30 acres
D. Parking (Criteria: 1 space /225 sq. ft. a() 363 sq. ft/space)
Site 1 &2 .....
3,827 cars.........
31.89 acres [5, 14, 30]
Site 2A .........
474 cars`.......
1.26 acres3 [31]
Site 4 ..............
905 cars..........
7.54 acres [32]
. Site 5 ............
1,234 cars.........
6.13 acres [21]
Site 6 ..............
188 cars........
1.57 acres
Site 7 ..............
248 cars..........
2.07 acres
Site 8 ..............
231 cars..........
1.34 acres [20]
7,626 cars 56.13 acres4 [21,31, 32, 33]
E. Landscaped - Open Space
Site 1 & 2 [5,14] Gross Site........ 38.50 acres
Parking..........
27.17 acres
Net .................
11.33 acres
Two Story .........
8.42 acres....... 2.91 acres
Three Story .......
5.61 acres....... 5.72 acres
Four Story .........
4.21 acres....... 7.12 acres
Five Story .........
3.37 acres....... 7.96 acres
3 Includes surface parking and first floor of existing parking structure only, does not include upper
levels of parking structure. [31].
. ° Based on net square footage of 106,455. [31 ].
6
City of Newport Beach
City Council ordinance
e . of 10
Six story ........... 2.81 acres....... 8.52 acres
Site 6 Gross Site ......... 1.90 acres
Parking .............1.5, 7 acres
Net ...................0.33 acres
Two Story ..........
Gross Site ....... 3.9 acres
Site 2A 31
Parking ..........1.26 acres
. 32 acres ......
Net ............... 2.68 acres
Four Story ............
Two Story .. • • • • • 1.25 acres ... 1.43 acres.
1.84 acres
.09
14 acres
Three Story .. • • • • .84 acres ...
2.05 acres
.19 acres ......
63 acres ...
Four Story ........ 51 acres ... 2.17 acres
Six story .............16
Five Story •••••.•••
.
Gross Site....... 9.00 acres
Site 4 [321
Parking ......... .7es
Net ...................1.46 acres
Two Story .......... 2.31 acres...... N/A
acres
Three Story ........ 1.54 acres....... .01
40 acres
Four Story .......... 1.15 acres ...... .
acres ...... .63 acres
Five Story.., ......... .92
Six story ............. . 77 acres ...... .78 acres
Gross Site........ 7.4 acres
Site 5
Parking ............ 6.1
Net ..................1.27 acres
Two Story• ......... 1.90 acres...... N/A
00 acres
Three Story ........ 1.27 acres ...... .
32 acres
Four Story .......... .95 acres ...... .
51 acres
Five Story ......... .76 acres . ..... .
acres...... .64 acres
Six Story .......... .63
acres 1211
Nine Story ......... .50 acres ...... .77
Site 6 Gross Site ......... 1.90 acres
Parking .............1.5, 7 acres
Net ...................0.33 acres
Two Story ..........
.49 acres......
NIA
01 acres
Three Story ........
. 32 acres ......
.
acres
Four Story ............
24 acres ......
.09
14 acres
Five Story ..........
.19 acres ......
.
17 acres
Six story .............16
acres .......
.
0
•
•
City of Newport Beach
City Council Ordinance No.
Paqe 7 of 10
Site 7 Gross Site.........
2.50 acres
Parking .............2.07
acres
Net .....................43
acres
Two Story ...........
. 64 acres...... N/A
Three Story .........
.43 acres ...... . 00 acres
Four Story ...........
. 32 acres ...... .11 acres
Five Story .............26
acres ..... . 17 acres
Six Story ..............21
acres ...... . 22 acres
Site 8 Gross Site.........
1.64 acres
Parking .............1.34
acres
Net .....................30
acres
Four Story ......................30
acres...... N/A [20]
F. Building Height [5, 12, 15, 21, 31]
Maximum building height shall not exceed six (6) stories above ground level except
for Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of
ten (10) stories above ground level, for Parcel No. 2 of Resubdivision No. 585 which shall
have a maximum building height of seven (7) stories above ground level, and for Site 5
which shall have a maximum of nine (9) stories /167 feet above ground level. Maximum
building height for Professional & Business Office Site 2A shall not exceed 95 feet above
ground level.
STATISTICAL ANALYSIS, PART II. AUTO CENTER AND GENERAL COMMERCIAL
[8,9] PERMITTED USES is amended to read as follows:
STATISTICAL ANALYSIS
PART II GENERAL COMMERCIAL PERMITTED USES [8, 91
Part II, Section II, Group II A & F
A. General Commercial Building Sites [8, 26, 28.3, 311
Site 1 -
3.0
acres
Site 2 -
1.0
acres [9]
Site 3 -
3.9
acres [9]
Site 4 -
2.0
acres [9]
X)
City of Newport Beach
City Council Ordinance No.
Page 8 of 10
Site 5 - 2.45 acres5 [26] •
Site 6 5.8 acres [25, 28.3]
Site 7 8.2 acres
26.35 acres
B. Building Area [26, 27, 28.31
Site 1 -
35,000 sq.
ft. -
0.80 acres
Site 26-
11,700 sq.
ft. -
0.27 acres [9]
Site 3r-
49,380 sq.
ft. -
1.13 acres [27]
Site 48-
20,870 sq.
ft.[19]-
0.57 acres [9]
Site 59-
31,362 sq.
ft. -
0.72 acres [26]
Site 6 -
50,000 sq. ft.
1.14 acres [28.3]
Site 7
- 141,120
sq.
ft. 8.20 acres
339,432 sq.
ft..
12.83 acres [26, 27, 28.3]
The following statistics are for information only. Development may include, but shall not
be limited to the following. [8]
D. Parking (Criteria 4 spaces /1,000 sq.ft. @ 363 sq.ft. /space [9, 26, 28.3]
Site 1 - 140 cars - 1.17 acres 0
Site 2 -
47 cars -
0.39 acres
Site 3 -
193 cars -
1.61 acres
Site 4 -
100 cars -
0.83 acres
Site 5 -
167 cars -
1.39 acres
Site 6 -
250 cars -
2.08 acres
Site 7
357 cars -
2.98 acres70
10.45 acres
5 A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual
benefit between Hotel Site 1 and General Commercial Site 5.
6 Restaurants are permitted uses in Sites 1, 2, 3, 5 and 6, subject to a use permit. [9, 23, 26, 27,
28.31
7 Ibid
8 If the development of General Commercial Site 4 is limited solely to Professional and
Business Office use, then the allowable Building Area shall not exceed 30,000 sq. ft. (19)
9 Restaurants are permitted uses in Sites 1, 2, 3, 5 and 6, subject to a use pernut. [9, 23, 26, 27, 28.31
10 257 surface parking spaces; minimum 100 parking spaces in parking structure •
4a�
City of Newport Beach
City Council Ordinance No. _
Paae 9 of 10
• E. Landscaping - Open Space [9, 26, 28.31
Site 1 -
1.03 acres
Site 2 -
0.34 acres
Site 3 -
1.18 acres
Site 4 -
0.60 acres
Site 5 (1 & 2 story) -
0.24 acres
Site 6 -
2.58 acres
Site 7 -
2.14 acres
Sub Total
8.11 acres
Site 5 (3 story) - 0.49 acres
Sub Total 8.60 acres
Site 5 (4 story) - 0.75 acres
Grand Total 9.35 acres
F. Building Height [8, 9, 26, 31, 28.31
Building height of structures on General Commercial Site 1, 2, 3, 4 and 6
. shall be limited to a height of thirty -five (35 ft.) and on General Commercial
Site 5 shall be limited to a height of fifty feet (50 ft.). Height of buildings on
Site 7 shall be limited to fifty -five (55) feet except that the vertical projection
of a building element intended to provide architectural interest and /or
integrate the project identification sign and not for occupancy may be up to
seventy -five (75) feet in height.
Land Use Plan Newport Place Planned Community is revised as shown on the
following page.
•
r
6 �1`
Sa an
Station
site 1
Ralall xdel
Co. merciM sxe 1
SRO 1
Industrial
Site a
City of Newport Beach
City Council Ordinance No. _
Paqe 10 of 10
PIO. &BUS.
Office
Site 5
Pro. & Bus.
Industrial Office Sites 1 & 2
Site 3A Pro. & Bus.
Office
Site 4
Gone Sg�
commercial
9[e d ,
Sit. 1A
Sit. to
Gene al
` °
Land Use Plan Sme3la
Newport Place
Planned Community
Revised by Amendment 34
Date. TBD
General Commarclal
site 5
General Commercial
sto6
Pro. a eus.
= 9b 6
Pro. a Bus
Glnce sue r
R�
Pro. a Bus.
Mce WO 8
TG.no�
General
Commercial
Site 1
N
•
•
O
COUNCIL AGENDA
ND. a o�
• Exhibit "C"
CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2004-004,
USE PERMIT NO. 2004-025, MODIFICATION PERMIT NO. 2005 -030,
AND TRAFFIC STUDY NO. 2004 -003
The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
approval.
2. The development shall be in substantial conformance with the approved site
plans, floor plans, and elevations marked as Exhibit No. A to Planning
Commission Staff Report for PA 2004 -153 dated April 21, 2005.
3. The service canopy shall provide minimum 15'— 0" vertical clearance over
the water line and storm drain easement unless otherwise approved by
the City.
4. 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. The Use Permit does not permit the
use or operation of a wine bar.
5. 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.
6. Any material 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.
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.
8. 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.
9. Use Permit No. 2004 -026 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