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HomeMy WebLinkAbout04 - Pendragon Land Rover Service CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT COUTCIL AGENDA NQ 5-23 -Cb Agenda Item No. 15 May 9, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city.newport- beach.ca.us SUBJECT: Land Rover Newport Beach Service Center 2101 Dove Street (PA2004 -249) APPLICANT: Pendragon North America Automotive Inc. ISSUE Should the City Council adopt a Mitigated Negative Declaration and approve the applications listed below to allow the redevelopment of a former industrial property into a vehicle service and storage facility? RECOMMENDATION Staff recommends that the City Council hold a public hearing and approve the request by adopting Resolution No. 2006 - for General Plan Amendment No. 2004 -009, Use Permit No. 2004 -043, Traffic Study No. 2005 -006 and Mitigated Negative Declaration (SCH No. 2006 - 021036) and introducing Ordinance No. 2006 - for Code Amendment No. 2004 012, and passing the ordinance to a second reading for adoption on May 23, 2006. DISCUSSION On April 6, 2006, the Planning Commission voted 4 ayes and 1 no (2 absent) to recommend approval of the proposed project to the City Council. The project involves the following discretionary applications for the City Council to consider: • General Plan Amendment - Change the land use designation of the 4.19 -acre site from Administrative, Professional, & Financial Commercial to Retail Service Commercial. • Code Amendment — Change the zoning designation of the property from APF to RSC. • Use Permit — For the operation of vehicle service and storage facility • Traffic Study — Traffic analysis pursuant to the Traffic Phasing Ordinance (TPO). The applicant currently operates the Land Rover Dealership located at 1540 Jamboree Road. The Jamboree Road site presently operates as an integrated dealership with sales and service operations. The applicant desires to consolidate three of their franchises onto the Jamboree site Land Rover Newport Beach Service Center May 9, 2006 Page 2 for retail operations, while converting the subject site at 2101 Dove Street to vehicle service and 1 inventory storage. The consolidation of the 3 franchises at the Jamboree site presents capacity issues and the request for a vehicle service and storage facility at the subject property would effectively resolve these issues. All proposed improvements to be made at the Jamboree site are minor and do not require an amendment to the existing Use Permit. The relocation of their service and storage operations to the subject site, however, necessitates approval of the requested applications. Minor interior demolition is proposed while the majority of the building exterior would remain unchanged. Interior improvements also include conversion of the former main office area on the north side of the building into a tool room and locker area for technicians; construction of approximately 27 service bays within the west side of the building; construction of offices, a customer lounge, parts storage areas and restrooms on the southwest corner of the building and construction of a vehicle storage area within the east side of the building. Exterior improvements include construction of a main entrance and customer patio area, a service canopy, a 348- square foot car wash and a trash enclosure. The existing parking areas will be completely demolished and resurfaced. Landscaping will be provided throughout the property and the parking areas. Four vehicular display pads will be constructed in the grass area located on the north side of the building fronting on Dove Street. Upon completion of the improvements, the overall square footage of the building will be reduced from 62,457 to 58,145 gross square feet, a 4,312 square feet reduction in building size. Vehicular access to the property is proposed to be reduced from 4 driveways (2 along Campus Drive and 2 along Birch Street) to 2 driveways. The driveways will generally remain in the same location but the drive approaches will be modified to meet City standards. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m., Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that a total of 40 employees including service and part managers, technicians, service advisors, parts personnel, service writers and support staff would be working during various shifts. The service department would serve approximately 40 vehicles per day. Service includes minor and major repairs including new and pre -owned vehicle preparation. No body shop, paint booths or fueling services are proposed. The remainder of the building will be devoted to vehicle storage for service vehicles and new inventory. The subject site will serve as overflow storage for the existing off -site storage at the Newport Dunes. No outdoor storage of inventory is planned; however, it could occur from time to time. General Plan Amendment— Change in Designation The project is located in the Campus Drive Area (Statistical Area L4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF). This area is bounded by Campus Drive, MacArthur Boulevard, Birch Street and Bristol Street North. The maximum floor area ratio (FAR) permitted by the General Plan for the subject property is 0.50/0.75. The proposed project will have a 0.32 FAR, which is less than the maximum permitted by the General Plan. Land Rover Newport Beach Service Center May 9, 2006 Page 3 The project proposes a change to the General Plan land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The amendment is necessary because vehicle repair /service and vehicle storage are only permitted as ancillary uses in the APF designation. Since the proposed project would not function as an ancillary use to the subject site, the proposed use would not be allowed on the subject site. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use designation would allow the 4.19 -acre site to be used for retail commercial uses as opposed to being used primarily for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. Surrounding land uses include a mixture of office and retail uses, a carwash /gasoline station, automotive related uses and John Wayne Airport. Furthermore, since APF and RSC designations are both part of the City's commercial districts, many of the land uses allowed within these two districts are the same. Vehicle service and storage are also permitted in the PPF as ancillary uses. Within the context of the draft General Plan for the Airport Area, the subject property is currently proposed to be designated Mixed Use B2 which would allow, assuming appropriate approvals and concurrence with the Airport Land Use Commission, a horizontal intermixing of uses that may include regional commercial office, high density residential, mixed use development, general industrial, hotel rooms and ancillary commercial uses. A master or specific plan would be required for this area. As a result, the Planning Commission determined that the proposed use of the property would be compatible with the surrounding uses and the new General Plan Land Use designation. Should the application be approved before the General Plan update, staff will make the appropriate changes to the Land Use Map before the new General Plan is approved. Charter Section 423 Analysis Campus Drive Area of Statistical Area L4 has a current General Plan limit of 1,261,727 square feet. The project will not add square footage of non - residential intensity in Campus Drive Area. However, Council Policy A -18 requires that all proposed General Plan amendments be reviewed to determine if a vote would be required. if a project generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area, or excess of 100 dwelling units, a vote of the citizens would be required, if the Council approves the requested Amendment. Council Policy A -18 includes a Trip Rate Table adopted for use when reviewing proposed GPA's relative to Charter Section 423. As the request is a change in land use designation from APF to RSC with no increase in building floor area, the General Non - Residential Use Category of Commercial is used. This category includes the current land use of APF as well as the proposed designation and assigns the same trip rate for both of these use categories. The trip generation rates are 3 for morning and 4 for evening peak hour per each 1,000 square feet of floor area. Based on these identical rates the proposed land use designation change will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be a difference in Land Rover Newport Beach Service Center May 9, 2006 Page 4 traffic generation. It should also be noted that the above analysis is based on the "blended" rate for all possible uses that could be developed on the subject site under the two commercial land use classifications. This analysis differs from the Traffic Phasing Ordinance analysis that looks at the increased traffic associated with the change in use for a partially occupied industrial building to the proposed service facility. Charter Section 423 also requires that 80% of increases (units, area or traffic) from prior General Plan Amendments within the same statistical area be added to the traffic generated by the project to see if cumulatively a vote would be required. There were three prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trips analysis. Amendment Area # of A.M. Peak P.M Peak Hour Dwelling Hour Trips Trips Units Carrico Pacific 1,272 s.f. (80 %) 0 2.4(80%) 2.4 GP2001 -004 Willson Automotive 0 0 15.3(80%) 23.3(80%) GP2004 -004 Master Development 1,400 s.f. (80 %) 0 2.4(80%) 2.4(80%) GP2004 -006 Proposed Amendment 0 0 0 0 Total 12,67 2 s.f. 0 20.1 28.1 As indicated in the preceding table, the project with "prior amendments" do not exceed the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds, therefore a vote pursuant to Charter Section 423 is not required. Should the City Council approve the proposed amendment, it will become a "prior amendment" that will be tracked for ten years. The proposed changes to Statistical Area L4, Campus Drive is shown as Exhibit "A" of the draft City Council Resolution (Attachment A). Code Amendment The change of use requires a change in the zoning designation to maintain consistency between the Land Use Element and zoning map. The change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development regulations specified by the Zoning Code including floor area, the 375 -foot height limitation zone, on -site parking and setbacks. Land Rover Newport Beach Service Center May 9, 2006 Page 5 Traffic Study A traffic study has been prepared for the project pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. Fourteen (14) intersections were identified by the Traffic Engineer for inclusion in the study. The TPO analysis resulted in nine (9) out of fourteen (14) study intersections that exceed the one - percent threshold. ICU analysis was performed on these intersections and found that the project related traffic does not cause an unsatisfactory level of service at any of these intersections and no significant impact occurs and no improvements are required at these intersections. The 9 intersections will operate at LOS D or better during peak hours. Environmental Review A Mitigated Negative Declaration (MND) has been prepared for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was initially prepared to evaluate the project, followed by a 30 -day review period from February 9 to March 10, 2006. Comments were received from the Orange County Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects were identified. As a result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues were identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, prompted the need to recirculate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. The MND has been revised to include the additional mitigation measures (CR -1, HM -5 & N -3) and one minor change to an existing mitigation measure (HM- 1)- The revised document was recirculated for public review between April 12 and May 2, 2006 (20 days). Comments were received from the Orange County Transportation Authority (OCTA) requesting a new bus turnout/pad to replace the existing bus stop station adjacent to the subject property. The request does not raise any environmental issues because it pertains to an operational improvement to the existing bus stop. The request will be considered by the Public Works Department during the project development. Staff has prepared a written response to the OCTA. A copy of the response letter is attached as Attachment No. H for the Council to consider. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Land Rover Newport Beach Service Center May 9, 2006 Page 6 Submitted by: Patricia L. Temple Planning Director Attachments: A. Draft City Council Resolution B. Draft City Council Ordinance C. Planning Commission Resolution No. 1689 D. Excerpt of the minutes from the April 6, 2006, Planning Commission meeting E. Planning Commission Staff Report from the April 6, 2006 (Without attachments) F. Recirculated Mitigated Negative Declaration & Initial Study' G. Project Plans H. Response letter to OCTA dated May 2, 2006 ' Distributed separately due to bulk. Available for public review at the City Clerk's Office. ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006- 021036) AND APPROVING GENERAL PLAN AMENDMENT NO. 2004 -009, USE PERMIT NO. 2004 -043 AND TRAFFIC STUDY NO. 2005 -006 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA 2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project applications, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing. With a vote of 4 ayes and one no (2 absent), the Planning Commission recommended approval of the applications to the City Council. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on May 9, 2006, to consider the proposed recommendations of the Planning Commission. WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use designation would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used primarily for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. 9 Page 2 of 14 WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use designation from APF to RSC with no increase in building floor area, the General Non - Residential Use Category of Commercial is used. This category includes the current land use of APF as well as the proposed designation and assigns the same trip rate for both of these use categories. The trip generation rates are 3 for morning and 4 for evening peak hour per each 1,000 square feet of floor area. Based on these identical rates the proposed land use designation change will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be a difference in traffic generation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -toot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHEREAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area U Page 3 of 14 intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, On April 20, 2006, the Orange County Airport Land Use Commission considered and determined that the proposed project is consistent with the John Wayne Airport Environs Land Use Plan. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between February 9 and March 10, 2006. Comments were received from the Orange County Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects were identified. As a result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues were identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, prompted the need to recirculate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. The MND has been revised to include the additional mitigation measures (CR -1, HM -5 & N -3) and one minor change to an existing mitigation measure (HM- 1). The revised document was recirculated for public review between April 12 and May 2, 2006 (20 days). Comments were received from the Orange County Transportation Authority. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach does hereby adopt Mitigated Negative Declaration (SCH No. 2006 - 021036); approve General Plan Amendment No. 2004 -009 by amending the Land Use Element, Statistical Area L4, Campus Drive Area of the General Plan as depicted in Exhibit "A" and Land Use map in Exhibit "B ", Use Permit No. 2004 -043 and Traffic Study No. 2005 -006, subject to the conditions of approval listed in Exhibit "C" In Page 4 of 14 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 9th day of May 2006 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Page 5 of 14 Exhibit "A" THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED: 3. Campus Drive. This area is bounded by Campus Drive, MacAuthur Boulevard, Birch Street and Bristol Street North. The area is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land uses. The maximum allowed floor area ratio is 0.5/0.75. 1a Page 6 of 14 Exhibit "B" PROPOSED CHANGE TO THE GENERAL PLAN LAND USE MAP FROM ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL TO RETAIL AND SERVICE COMMERCIAL. 13 Page 7 of 14 Exhibit "C" CONDITIONS OF APPROVAL Use Permit No. 2004 -043 and Traffic Study No. 2005 -006 (PA2004 -249) 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 plans date stamped of March 23, 2006. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. Should this operation be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 7. The facility shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building Department Traffic Engineering 8. All parking stall dimensions shall comply with City's Standard Drawings STD - 805 -L -A and STD - 805 -L -B. 9. Sight distance at all entrances (monument signs, walls, display vehicles and landscaping etc.) shall conform to the City's Sight Distance Standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. 10. No deliveries shall occur on any portion of public right -of -way. All deliveries shall be handled on -site. All delivery routes shall be approved by the City Traffic Engineer. 11. Driveway approaches shall be constructed per City Standard STD - 160 -L, modified to comply with current ADA requirements. The driveway shall be minimum of 26 feet Page 8 of 14 wide (measured from bottom X to bottom X). The abandoned driveway approaches shall be reconstructed per City Standard STD - 165 -L. 12. Parking plans shall be fully dimensioned. The center parking aisle near Campus Drive shall shift toward Campus Drive to improve the overall circulation within the parking area. 13. Gate openings shall be a minimum of 24 feet wide to accommodate two- directional travel. 14. A new driveway approach shall be provided on Dove Street for access to the customer parking area. The final location and design of the driveway approach shall be reviewed and approved by the Traffic Engineer. 15. Staging of construction equipment shall not be permitted on the public right -of -way. 16. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 17. All walkways and planters within the parking lot shall be widened, where applicable, to act as wheel stops. The maximum allowable parking stall overhang is 2 feet 6 inches. Fire Department 18. Prior to the issuance of building permit, fire sprinkler contractor or fire protection engineer shall determine the use and viability of existing sprinkler system as the existing system may not be adequate for the proposed use. 19. Prior to the issuance of building permit, fire service shall be provided underground with a double backflow preventor. An encroachment permit from Public Works Department shall be required. A fire permit shall also be required. 20. Prior to the issuance of occupancy permit, the Fire Department connection to Dove Street shall be relocated and shall be within 150 feet of a fire hydrant. 21. Fire sprinkler system shall be monitored indefinitely. 22. Sprinkler demand may be increased depending on the types of materials stored in the inventory storage. 23. A special building features for high stockpile shall be required if the storage has piles, pallets, racks or shelves exceed 12 feet in height in the inventory area. 24. The applicant must indicate occupancy classification, type of construction and square footage comply with the 2001 Edition of the California Building Code. 15 Page 9 of 14 Development Services Engineering 25. Prior to the issuance of building permit, the applicant shall coordinate with the Orange County Transportation Authority to ascertain that the proposed frontage improvements along Birch Street will not conflict with OCTA operations. 26. Prior to the issuance of building permit, an ADA travel path shall be required between the Birch Street sidewalk and the new building. 27. The current sidewalk location within the Campus Drive right -of -way fronting this development shall remain as a "Path of Travel ". 28. Given the existing topography, on -site drainage shall not be routed in a manner that would cause any spillage onto the existing development southerly of this project. 29. All surface runoff shall be directed toward and treated by an at/below grade storm water clarifier before the water can be discharged. 30. Except for storm overflows, no curb drains shall be installed to allow the discharge of polluted on -site runoff onto the public right -of -way. 31. Prior to the issuance of building permit, the existing curb drains along Dove Street shall either be eliminated or retrofitted for storm overflows only. New curb /gutter shall be constructed where the existing curb drains have been removed. 32. Prior to the issuance of building permit, depending upon the final site drainage design, additional on -site drainage provisions may be required. 33. Prior to the issuance of building permit, the existing curb access ramp at the southeast corner of Campus Drive /Dover Street and at the southwest corner of Dover Drive /Birch Street shall be reconstructed to comply with the current ADA requirements. 34. Prior to the issuance of occupancy permit, the existing uplifted /damaged /displaced concrete sidewalk, curb, and gutter that surround this development shall be reconstructed per City Standards. 35. Prior to the issuance of occupancy permit, all existing street trees shall be protected in place. Additionally, per Chapter 13 of the City of Newport Beach Municipal Code, new street trees shall be installed along the street frontages that surround this development. 36. Upon completion of construction, the existing red curbs that surround this development shall be repainted. The applicant shall reimburse the City for the cost of such work. 37. Prior to the issuance of occupancV Permit, "No Parking" signs shall be installed along new red curbs per City Standards. 16 Page 10 of 14 38. Upon completion of construction, the portion of the existing Campus Drive roadway fronting this development, from the easterly roadway edge of gutter up to the northbound No. 2/3 traffic lane line shall be grounded and capped with a 3 -inch thick AC pavement overlay. New sprayable thermoplastic traffic striping and markings and raised pavement markers shall be installed within the limits of said roadway work. 39. In the event that the City's Birch Street roadway rehabilitation project is completed prior to the development construction completion, any damage done to the Birch Street new roadway pavement by the applicant will cause the applicant to repave the roadway at no cost to the City. Utilities Department 40. Prior to the issuance of building permit, the fire service shall be upgraded per STD 517 -L. 41. Prior to the issuance of building permit, a 2 -inch RPP backflow device shall be installed to the existing water meter. 42. Prior to the issuance of building permit, sewer cleanout at the property line shall be required. Building Department 43. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 44. Prior to the issuance of the grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. Mitigation Measures of the Mitigated Negative Declaration 45. The Project Applicant shall comply with SCAQMD Rule 403 requirements as follows: a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. 1] Page 11 of 14 b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. f. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. g. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. h. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. i. Traffic speeds on all unpaved roads shall not exceed 15 mph. 46. During construction activities if any archaeological resources are encountered, all work shall cease in that area until a qualified archaeologist can evaluate the nature and significance of the find. If major archaeological resources are discovered which require long -term halting or redirection of grading, the archaeologist shall report such findings to the applicant and the City of Newport Beach Planning Department The archaeologist, in consultation with appropriate agencies and Native American organization, shall determine appropriate action which ensures proper exploration and /or salvage. 47. Prior to issuance of occupancy permit, the applicant shall provide verification (i.e., sample results) to the City of Newport Beach that on -site soils have been tested. Any soils encountered or removed during construction activities (particularly within the building's interior or behind the building near the loading dock) shall be sampled for total petroleum hydrocarbons (TPH) and volatile organic compounds (VOCs). If soil contamination is discovered, the applicant shall work with the City of Newport Beach and the appropriate regulatory agency to determine the appropriate action (i.e. remediation or excavation of soils). 48. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that an asbestos survey has been conducted within the existing building. If asbestos is found, the Project Applicant shall follow all procedural �a Page 12 of 14 requirements and regulations of South Coast Air Quality Management District Rule 1403. 49. Prior to issuance of occupancy permit, the applicant shall file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the project site, storage methods, and spill prevention plans. 50. Prior to issuance of occupancy permit, the applicant shall prepare and implement a Spill Prevention Control and Countermeasures Plan to the City of Newport Beach as mandated by the State Water Resources Control Board (SWRCB). 51. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that lead -based paint and mercury surveys have been conducted within the existing building. If lead -based paint or mercury is found, the applicant shall follow all procedural requirements and regulations for proper removal and disposal of such hazardous substances. 52. Prior to issuance of grading or building permit, the applicant shall develop and submit a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. The Project Applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with RWQCB. 53. The applicant shall demonstrate implementation of appropriate source control and treatment control Best Management Practices as specified in the Draft Water Quality Management Plan (WQMP) prepared by Walden & Associates dated October 7, 2004, subject to the approval of the Public Works Department. 54_ Construction activities shall be confined to any weekday between the hours of 7:00 A.M. and 6:30 P.M. and on any Saturday between the hours of 8:00 A.M. and 6:00 P.M. 55. Noise- generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 56. The applicant shall comply with John Wayne Airport's Airport Environs Land Use Plan Noise Impact Zone I requirements to ensure the service advisor offices and customer lounge are sufficiently sound attenuated from the combined input of all present and projected exterior noise to meet 55 dBA Leq. These measures shall be incorporated during the detailed design stage of the project to comply with the minimum sound insulation requirement. The final design shall be subject to the approval of the Building Department. Achieving this level of sound insulation may include the followings: 19 Page 13 of 14 a. Installation of air - conditioning /mechanical ventilation such as the interior space will not have to rely on open windows for ventilation; b. Installation of dual insulating glazed systems; C. Provision of doors and openings to the exterior with acoustic seals; d. Addition of additional wall insulation; and /or e. Provision of fitting vents with dampers and /or acoustic louvers. 57. Prior to issuance of building permit, the applicant shall pay a fair share contribution fee to the City of Newport Beach per Section 15.38 of the Municipal Code. 58. New landscaping shall incorporate drought- tolerant plant materials and drip irrigation systems where possible. 59. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 60. Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A.M. the following morning) 61. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Project Applicant shall complete all required repairs. 62. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 63. Reclaimed water shall be used whenever available, assuming it is economically feasible. Planning Department 64. Prior to the issuance of the building permit, the applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the proposed landscape areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 65. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be A Page 14 of 14 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. 66. Prior to the issuance of occupancy permit, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 67. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. ATTACHMENT B DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2004 -012 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project applications, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing. With a vote of 4 ayes and one no (2 absent), the Planning Commission recommended approval of the applications to the City Council. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on May 9, 2006, to consider the proposed recommendations of the Planning Commission. WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use designation would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used primarily for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. ;23 Page 2 of 5 WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use designation from APF to RSC with no increase in building floor area, the General Non - Residential Use Category of Commercial is used. This category includes the current land use of APF as well as the proposed designation and assigns the same trip rate for both of these use categories. The trip generation rates are 3 for morning and 4 for evening peak hour per each 1,000 square feet of floor area. Based on these identical rates the proposed land use designation change will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be a difference in traffic generation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to becorne nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -foot height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHEREAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA 2?3 Page 3 of 5 analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, On April 20, 2006, the Orange County Airport Land Use Commission considered and determined that the proposed project is consistent with the John Wayne Airport Environs Land Use Plan. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between February 9 and March 10, 2006. Comments were received from the Orange County Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects were identified. As a result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues were identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, prompted the need to recirculate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. The MND has been revised to include the additional mitigation measures (CR -1, HM -5 & N -3) and one minor change to an existing mitigation measure (HM -1). The revised document was recirculated for public review between April 12 and May 2, 2006 (20 days). Comments were received from the Orange County Transportation Authority. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: A revision to Zoning Map depicted in Exhibit "A" shall be adopted. 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. .24 Page 4 of 5 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , and adopted on the day of 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 1 •[ ATTEST: CITY CLERK N Exhibit "A" �1 Page 5 of 5 ro m t _ U Q `L �1 ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1689 2� RESOLUTION NO. 1689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION (SCH NO. 2006- 021036) AND APPROVE GENERAL PLAN AMENDMENT NO. 2004- 009, CODE AMENDMENT NO. 2004 -012, USE PERMIT NO. 2004 -043 AND TRAFFIC STUDY NO. 2005 -006 FOR PROPERTY LOCATED AT 2101 DOVE STREET (PA 2004 -249) WHEREAS, an application was filed by Pendragon North America with respect to property located at 2101 Dove Street, and legally described as Lots 20, 21, 22, 40, 41, & 42 of Tract No. 3201, as shown on map recorded in Book 130, pages 25 -30 of Miscellaneous Maps, in the Office of the County Recorder to redevelop a former industrial property into a vehicle service and storage facility. The application requests approval of a General Plan Amendment to change the land use designation of the property from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The application also requests a Code Amendment to rezone the subject property from APF (Administrative Professional, Financial to RSC (Retail and Service Commercial) and a Use Permit to allow the operation of a vehicle service and storage facility. Finally, the application also requires a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO). WHEREAS, on April 6, 2006, the Planning Commission held a noticed public hearing in the City Hail Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project application, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the project is located in the Campus Drive Area (Statistical Area 1-4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and is zoned APF (Administrative, Professional, Financial). WHEREAS, a General Plan Amendment to change the land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial is necessary since vehicle service and vehicle storage uses are only permitted as ancillary uses in the APF designation. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use would result in the 4.19 -acre site to be used for retail commercial uses as opposed to being used exclusively for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. 0 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 16 WHEREAS, the proposed change of use and proposed vehicle related use will be compatible with the surround land uses which include a mixture of office and retail uses, a carwash /service station, automotive related uses and John Wayne Airport. Additionally, since APF and the RSC land use designations are both part of the City's commercial districts, many of the uses allowed within these two districts are the same and include vehicle service and storage. The vehicle service and storage facility, therefore, will be consistent with the proposed Retail & Service Commercial land use designation. WHEREAS, the proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. As the request is a change in land use policy from APF to RSC, the maximum peak hour trips methodology has been used. According to Council Policy A -18, the broad list of uses permitted in the RSC, APF and RMC zones has the same average rate. The trip generation rates are 3 for morning and 4 for evening peak hour trips per each 1,000 square feet of floor area. Based on these identical rates the proposed amendment will result in no additional peak hour trips. There would not be an appreciable difference in traffic generation, on average, in the event that the site was redeveloped consistent with either land use designation. Also, with all previously approved amendments, none of the Charter Section 423 thresholds would be exceeded. Therefore, a vote of the electorate would not be required. WHEREAS, the change in zoning designation from APF to RSC would not cause the property to become nonconforming under the RSC development standards. The proposed project complies with all development standards of the RSC zone including floor area, the 375 -fool: height limitation zone, on -site parking, signage, lighting, building bulk and setbacks. WHERAS, the proposed location of vehicle service and storage facility and the proposed conditions under which it would be operated and maintained will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood. The subject property is surrounded by one and two -story office and commercial buildings, automotive related uses and John Wayne Airport. There is no surrounding residential that would be disturbed or could be impacted by the proposed use. WHEREAS, a Traffic Study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its 3 cD City of Newport Beach Planning Commission Resolution No. _ Page 3 of 16 implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersections as all intersections will operate at LOS D or better; therefore, no improvements are required at these intersections. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment from February 9 to March 10, 2006. Comments were received from the Orange County Airport Land Use Commission, California Cultural Resource Preservation Alliance, Inc. and Department of Toxic Substances Control. After duly considering the comments, new potentially significant impacts were identified. The potential impacts related to Cultural Resources, Hazards and Hazardous Materials and Noise. As result, three (3) mitigation measures were identified that would reduce or avoid the impacts to less than significant levels. The identification of new potentially significant impacts and three mitigation measures to avoid or lessen potential impacts necessitates re- circulation the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. WHEREAS, on the basis of the present environmental record recognizing the need to re- circulate the MND, the project should not have a significant impact upon the environment with the application of the mitigation measures as conditions of approval. It is further recognized that additional comments may be received on the revised MND that must be fully considered by the City prior to adoption of the MND and final action on the project by the City Council. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach recommends that the City Council adopt the Mitigated Negative Declaration SCH No. 2006 - 021036, prepared for the project subject to its re- circulation and careful consideration of any additional comments received. Section 2. The Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2004 -009 per revised Campus Drive Area (Statistical Area L -4) depicted in Exhibit "A" and Land Use map depicted in Exhibit "B ", and revision to Zoning Map depicted in "C ", Use Permit No. 2004 -043, and Traffic Study No. 2005 -006 all subject to Conditions of Approval in Exhibit "D" attached hereto and made part hereof. 31 City of Newport Beach Planning Commission Resolution No. Page 4 of 16 PASSED, APPROVED AND ADOPTED THIS 6th DAY OF APRIL 2006. AYES: Eaton, Toerge, McDaniel and Henn NOES: Hawkins ABSENT: Cole and Tucker BY: Njeel Toerge, Chairman I%iLl.. .�.• 03 City of Newport Beach Planning Commission Resolution No. Page 5 of 16 Exhibit "A" THE FOLLOWING CHANGES WILL BE MADE TO THE LAND USE ELEMENT AND OTHER PROVISIONS OF THE LAND USE ELEMENT SHALL REMAIN UNCHANGED: 3. Campus Drive. This area is bounded by Campus Drive, MacAuthur. Boulevard, Birch Street and Bristol Street North. The area is designated for Administrative, Professional and Financial Commercial and Retail and Service Commercial land uses. The maximum allowed floor area ratio is 0.5/0.75. �3 _. �� � v �� � � � F � t � � r ti Planning Commission IResof Newport olution NoBeach Page 7 of 16 Exhibit "C" PROP O_ SED CHANGE TO THE ZONING_MAP FROM AP FJ Subject Site APF to RSC �5 � 4 ii� Zoning Districts ® eanln_hanaonya Flningtl Camwtlal e4S _. RefYIt T�Nt• `Q( Ce,mw<IY Y m p �T O [�FO•(4t. F TO RSC N 11 m C [Y �I Q ' Q `L WN W YKl 9� 35 City of Newport Beach Planning Commission Resolution No. _ Page 8 of 16 Exhibit "D" CONDITIONS OF APPROVAL Use Permit No. 2004 -043 and Traffic Study No. 2005 -006 (PA2004 -249) 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 plans date stamped of March 23, 2006. 3. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 5. Should this operation be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 7. The facility shall be designed to meet fire protection requirements and shall be subject to review and approval by the Newport Beach Building Department. Traffic Engineering 8. All parking stall dimensions shall comply with City's Standard Drawings STD - 805-L-A and STD- 805 -L -B. 9. Sight distance at all entrances (monument signs, walls, display vehicles and landscaping etc.) shall conform to the City's Sight Distance Standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. City of Newport Beach Planning Commission Resolution No. _ Page 9 of 16 10. No deliveries shall occur on any portion of public right -of -way. All deliveries shall . be handled on -site. All delivery routes shall be approved by the City Traffic Engineer. 11. Driveway approaches shall be constructed per City Standard STD - 160 -L, modified to comply with current ADA requirements. The driveway shall be minimum of 26 feet wide (measured from bottom X to bottom X). The abandoned driveway approaches shall be reconstructed per City Standard STD - 165 -L. 12. Parking plans shall be fully dimensioned. The center parking aisle near Campus Drive shall shift toward Campus Drive to improve the overall circulation within the parking area. 13. Gate openings shall be a minimum of 24 feet wide to accommodate two - directional travel. 14. A new driveway approach shall be provided on Dove Street for access to the customer parking area. The final location and design of the driveway approach shall be reviewed and approved by the Traffic Engineer. 15. Staging of construction equipment shall not be permitted on the public right -of- way. 16. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 17. All walkways and planters within the parking lot shall be widened, where applicable, to act as wheel stops. The maximum allowable parking stall overhang is 2 feet 6 inches. Fire Department 18. Prior to the issuance of building permit, fire sprinkler contractor or fire protection engineer shall determine the use and viability of existing sprinkler system as the existing system may not be adequate for the proposed use. 19. Prior to the issuance of building permit, fire service shall be provided underground with a double backflow preventor. An encroachment permit from Public Works Department shall be required. A fire permit shall also be required. 20. Prior to the issuance of occupancy permit, the Fire Department connection to Dove Street shall be relocated and shall be within 150 feet of a fire hydrant. 21. Fire sprinkler system shall be monitored indefinitely. 9 City of Newport Beach Planning Commission Resolution No. Page 10 of 16 22. Sprinkler demand may be increased depending on the types of materials stored in the inventory storage. 23. A special building features for high stockpile shall be required if the storage has piles, pallets, racks or shelves exceed 12 feet in height in the inventory area. 24. The applicant must indicate occupancy classification, type of construction and square footage comply with the 2001 Edition of the California Building Code. Development Services Engineering 25. Prior to the issuance of building permit, the applicant shall coordinate with the Orange County Transportation Authority to ascertain that the proposed frontage improvements along Birch Street will not conflict with OCTA operations. 26. Prior to the issuance of building permit, an ADA travel path shall be required between the Birch Street sidewalk and the new building. 27. The current sidewalk location within the Campus Drive right -of -way fronting this development shall remain as a 'Path of Travel ". 28. Given the existing topography, on -site drainage shall not be routed in a manner that would cause any spillage onto the existing development southerly of this project. 29. All surface runoff shall be directed toward and treated by an at/below grade storm water clarifier before the water can be discharged. 30. Except for storm overflows, no curb drains shall be installed to allow the discharge of polluted on -site runoff onto the public right -of -way. 31. Prior to the issuance of building permit, the existing curb drains along Dove Street shall either be eliminated or retrofitted for storm overflows only. New curb /gutter shall be constructed where the existing curb drains have been removed. 32. Prior to the issuance of building permit, depending upon the final site drainage design, additional on -site drainage provisions may be required. 33. Prior to the issuance of building permit, the existing curb access ramp at the southeast corner of Campus Drive /Dover Street and at the southwest corner of Dover Drive /Birch Street shall be reconstructed to comply with the current ADA requirements. City of Newport Beach Planning Commission Resolution No. _ Page 11 of 16 34. Prior to the issuance of occupancy permit, the existing uplifted /damaged /displaced concrete sidewalk, curb, and gutter that surround this development shall be reconstructed per City Standards. 35. Prior to the issuance of occupancy permit, all existing street trees shall be protected in place. Additionally, per Chapter 13 of the City of Newport Beach Municipal Code, new street trees shall be installed along the street frontages that surround this development. 36. Upon completion of construction, the existing red curbs that surround this development shall be repainted. The applicant shall reimburse the City for the cost of such work. 37. Prior to the issuance of occupancy permit, "No Parking" signs shall be installed along new red curbs per City Standards. 38. Upon completion of construction, the portion of the existing Campus Drive roadway fronting this development, from the easterly roadway edge of gutter up to the northbound No. 2/3 traffic lane line shall be grounded and capped with a 3- inch thick AC pavement overlay. New sprayable thermoplastic traffic striping and markings and raised pavement markers shall be installed within the limits of said roadway work. 39. In the event that the City's Birch Street roadway rehabilitation project is completed prior to the development construction completion, any damage done to the Birch Street new roadway pavement by the applicant will cause the applicant to repave the roadway at no cost to the City. Utilities Department 40. Prior to the issuance of building permit, the fire service shall be upgraded per STD 517 -L. 41. Prior to the issuance of building permit, a 2 -inch RPP backflow device shall be installed to the existing water meter. 42. Prior to the issuance of building permit, sewer cleanout at the property line shall be required. 3A City of Newport Beach Planning Commission Resolution No. _ Page 12 of 16 Building Department 43. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 44. Prior to the issuance of the grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the City. Mitigation Measures of the Mitigated Negative Declaration 45. The Project Applicant shall comply with SCAQMD Rule 403 requirements as follows: a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high wind:, (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. q.b City of Newport Beach Planning Commission Resolution No. _ Page 13 of 16 f. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. g. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. h. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. I. Traffic speeds on all unpaved roads shall not exceed 15 mph. 46. During construction activities if any archaeological resources are encountered, all work shall cease in that area until a qualified archaeologist can evaluate the nature and significance of the find. If major archaeological resources are discovered which require long -term halting or redirection of grading, the archaeologist shall report such findings to the applicant and the City of Newport Beach Planning Department. The archaeologist, in consultation with appropriate agencies and Native American organization, shall determine appropriate action which ensures proper exploration and/or salvage. 47. Prior to issuance of occupancy permit, the applicant shall provide verification (i.e., sample results) to the City of Newport Beach that on -site soils have been tested. Any soils encountered or removed during construction activities (particularly within the building's interior or behind the building near the loading dock) shall be sampled for total petroleum hydrocarbons (TPH) and volatile organic compounds (VOCs). If soil contamination is discovered, the applicant shall work with the City of Newport Beach and the appropriate regulatory agency to determine the appropriate action (i.e. remediation or excavation of soils). 48. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that an asbestos survey has been conducted within the existing building. If asbestos is found, the Project Applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. 49. Prior to issuance of occupancy permit, the applicant shall file a Hazardous Materials Business Plan with the City Newport Beach Fire Department detailing all hazardous materials at the project site, storage methods, and spill prevention plans. 50. Prior to issuance of occupancy permit, the applicant shall prepare and implement a Spill Prevention Control and Countermeasures Plan to the City of Newport Beach as mandated by the State Water Resources Control Board (SWRCB). 1(1 City of Newport Beach Planning Commission Resolution No. _ Page 14 of 16 51. Prior to issuance of building permit, the applicant shall submit verification to the City of Newport Beach that lead -based paint and mercury surveys have been conducted within the existing building. If lead -based paint or mercury is found, the applicant shall follow all procedural requirements and regulations for proper removal and disposal of such hazardous substances. 52. Prior to issuance of grading or building permit, the applicant shall develop and submit a Notice of Intent (NO1) and Storm Water Pollution Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. The Project Applicant shall provide the City of Newport Beach with a copy of the NO[ and their application check as proof of filing with RWQCB. 53. The applicant shall demonstrate implementation of appropriate source control and treatment control Best Management Practices as specified in the Draft Water Quality Management Plan (WQMP) prepared by Walden & Associates dated October 7, 2004, subject to the approval of the Public Works Department. 54. Construction activities shall be confined to any weekday between the hours of 7:00 A.M. and 6:30 P.M. and on any Saturday between the hours of 8:00 A.M. and 6:00 P.M. 55. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 56. The applicant shall comply with John Wayne Airport's Airport Environs Land Use Plan Noise Impact Zone I requirements to ensure the service advisor offices and customer lounge are sufficiently sound attenuated from the combined input of all present and projected exterior noise to meet 55 dBA Leq. These measures shall be incorporated during the detailed design stage of the project to comply with the minimum sound insulation requirement. The final design shall be subject to the approval of the Building Department. Achieving this level of sound insulation may include the followings: a. Installation of air - conditioning /mechanical ventilation such as the interior space will not have to rely on open windows for ventilation; b. Installation of dual insulating glazed systems; C. Provision of doors and openings to the exterior with acoustic seals; d. Addition of additional wall insulation; and /or e. Provision of fitting vents with dampers and /or acoustic louvers. City of Newport Beach Planning Commission Resolution No. _ Page 15 of 16 57. Prior to issuance of building permit, the applicant shall pay a fair share contribution fee to the City of Newport Beach per Section 15.38 of the Municipal Code. 58. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 59. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 60. Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A,M. the following morning) 61. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Project Applicant shall complete all required repairs. 62. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 63. Reclaimed water shall be used whenever available, assuming it is economically feasible. Planning Department 64. Prior to the issuance of the building permit, the applicant shall submit a detailed landscape and irrigation plan prepared by a licensed landscape architect for the proposed landscape areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 65. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, �3 City of Newport Beach Planning Commission Resolution No. _ Page 16 of 16 fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. Alf irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 66. Prior to the issuance of occupancV permit, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been installed in accordance with the approved plans. 67. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. ATTACHMENT D MINUTES FROM THE APRIL 6, 2446 PLANNING COMMISSION MEETING N Vlannmg Lommisston Minutes 04/06 /2006 Page 3 of 13 yes: Eaton, Hawkins, Toerge, McDaniel and Henn Noes: None bsent: Cole and Tucker bstain: None HEARING ITEMS SUBJECT: Thirtieth St. Architects, Inc. (PA2005 -158) ITEM NO. 3 \ 2961 Cliff Drive PA2005 -158 Request to subdivide'an existing single - family residential lot, creating two single - family Removed from residential lots. The project requires an amendment to the Land Use Element of the Calendar eneral Plan to allow the subdivision of a property located within Statistical Area H -1, which currently prohibits subdivisions. The property is 33,193 square feet in size and is currently developed with a singe- family residence. Ms. Temple reported that the applicant has asked that this item be removed from calendar. Motion was made by Chairperson Toergel.to remove this item from calendar Ayes: Eaton, Hawkins, Toerge, McDaniel and Henn Noes: None Absent: Cole and Tucker Abstain: None SUBJECT: Steadfast Investment Properties (PA20Q.5 -293) ITEM NO. 4 4343 Von Karman Avenue PA2005 -293 Request for General Plan Amendment No. 2005 -007 and PlanhRd Community Continued to Development Plan Amendment No. 2005 -005 to increase the maximum allowable 05/18/2006 entitlement for the property by approximately 1,740 square feet of gross floor area. The proposed project involves inflling a multi -floor lobby area (spanning tlie, 1 st and 2nd floors) within an existing three -story building; the expansion will occur c6mpletely within he interior of the existing building and will result in no changes to height or.the exterior appearance of the building. The property is within the Koll Center Planned Community (PC) District. Ms. Temple reported that the applicant is requesting a 60 day continuance and recommended that this item be heard on May 18, 2006 due to the timing of action on he General Plan Update in June. A brief discussion followed related to the timing of ' he General Plan issue and timing of future additional applications. Motion was made by Chairperson Toerge to continue this item to May 18th. Ayes: Eaton, Hawkins, Toerge, McDaniel and Henn Noes: Absent: None FILE Cole and Tucker COPY Abstain: None UBJECT: Pendragon North America (PA2004 -249) ITEM NO. 5 2101 Dove Street PA2004 -249 Pendragon North America Automotive Inc. proposes to redevelop the former industrial Recommended property into a vehicle service and storage facility to support their existing sales and for approval service facility located at 1540 Jamboree Road. The requested applications would change the General Plan land use designation from Administrative, Professional & Z, file:HF: \Users \PLN \Shared \Gvarin \PC min etal \2006 \04062006.htm 04/27/2006 ,u,uuus �unauosiuu ivllnutes 04/00/2006 nancial Commercial to Retail Service Commercial. The existing APF zoning is also oposed to be changed from APF (Administrative, Professional & Financial) to RSC :etail Service Commercial). The proposed use requires a Use Permit for the proposed ieration of vehicle service and storage facility at the subject site. Finally, a traffic study required pursuant to the Traffic Phasing Ordinance. 3. Ung gave an overview of the staff report. She noted that comments had been .eived on the Mitigated Negative Declaration and that there were three new tigation measures to address those concerns. These additional measures prompt need to re- circulate the environmental document, therefore, staff has prepared an rata to include these new measures. Staff has also drafted minor changes to the aft resolution. This revision clarifies the scope of the review and the recommendation the environmental document by the Commission to the City Council. Staff believes at this recommendation can be made and recommends the Commission consider the aft environmental document, including the Errata, and require the re- circulation of the cument to be made prior to the consideration by the City Council. Commission inquiry, Ms. Ung noted: Changes to the environmental document are listed in the Errata. Culture resources - changing from less than significant impact to potential significant impact unless mitigation is incorporated. This was added in response to comments from an agency regarding archeological resources encountered during the construction process being appropriately handled. Hazardous materials - soils contamination is to be determined and addressed. Construction - during construction lead based paint and mercury levels are to be determined prior to the building permit issuance. Noise - the project applicant shall comply with the John Wayne Airport's Airport Environs Land Use Plan Noise Impact Zone 1 requirements. imissioner Eaton noted these mitigation measures necessitate the recirculation of Mitigated Negative Declaration. He opined that these measures are site specific , therefore, the Commission does not need to hold up the process to see this rculation as long as the Council sees it. Staff concurred. missioner Henn asked how this project fits within the context of the new General for that area. s. Temple answered that the General Plan Land Use Element designates this area as Jministrative Office Category. Should changes be made in the interim, staff will make e appropriate changes to the Land Use Map before the General Plan is finalized. its area will be designated as Mixed Use (B2) which would allow, assuming )propriate approvals and concurrence with the Airport Land Use Commission were thieved, the potential to accommodate residential housing within the overall cap of 300 units. However, noise generated by the John Wayne airport would make sidential units development on this particular property highly unlikely. Discussion Marcussen, architect for the project and representing the applicant, gave the Ning presentation: • The existing Land Rover facility has outgrown the site. • It will be maintained as a sales facility adding sales of Auston Martin. The Dove Street facility will be servicing all vehicles except the Auston Martin fleet. • The Jamboree site will act as a storage and staging facility. • Referencing exhibits, he noted the features of the proposed project. Page 3 of 13 f? file: / /F: \Users \PLMShared \Gvarin \PC min etal \2006 \04062006.htm 04/27/2006 viannmg Commission Minutes 04/06/2006 • The project will have a second floor, a canopy for service and car wash. • He went on to explain the functionality of egress and ingress, service and storage functions. • He displayed color pallet to be used on the building, materials, elevations and floor plan. • Enhanced paving and landscaping will be improved. Toerge asked about the recommended third driveway on Dove Street. Marcussen answered that there is one driveway approach on Birch and on ipus. He noted they do not see customer parking issues associated with those two roaches. City Engineering has proposed adding an additional customer service ance along Dove Street. He questioned the proximity and the need for this added Dway. He noted he is not in support of this condition. imissioner Eaton questioned the placement of this driveway and asked if there is a ian strip along Campus? What will happen at the existing dealership on boree? r. Marcussen noted that a driveway at the rear of the project site is not customer irking and is specifically for storage. He added that the Jamboree facility will be for Iles for Jaguar, Land Rover and Auston Martin and will serve as a service facility only r Auston Martin. Currently, only Land Rover and used car sales at this site. Edmonston noted that the third driveway was suggested and that portions of npus Drive have raised medians therefore the additional driveway would provide er access. He noted that the benefit of the driveway is better than the detriment of proximity to Campus Drive. comment was opened. comment was closed. Toerge noted his support of the additional driveway. issioner McDaniel noted his support of the additional driveway. Jon was made by Chairperson Toerge to recommend approval of General Plan andment 2004 -009, Code Amendment No. 2004 -012, Use Permit NO. 2004 -043, fiic Study No. 2005 -006 and Mitigated Negative Declaration and Errata thereto, ject to the circulation pursuant to the CEQA Guidelines to the City Council subject resolution. nmissioner Hawkins noted he :supports the project and the recirculation of the ironmental document; however, he can not support the motion. He stated the )lution is internally inconsistent. By requiring a re- circulation it undercuts any ings in connection with the adequacy of the environmental document. The )mmendation for the re- circulation means there is something that has not been lyzed and the record will remain open. He noted we could move this on by saying have reviewed the environmental document and we recommend it be re- circulated r to the hearing before the City Council; not taking any substantive position in nection with the adequacy of the environmental document. sistant City Attorney Harp noted that there is an issue because of the re- circulation. pically, at this stage, you have an environmental record that is complete with all the mments. Because it is going to be recirculated there may be additional comments Page 4-,of 13 1� file //F: \Users \PLN \Shared \Gvarin \P(: min etal \2006 \04062006.htm 04/27/2006 I lawilils a.vuu111 aiWu 1vnuULCS U4 /U0/ZVV0 i so you may not have a complete environmental record here. He recommends that Planning Commission recommend, based on the environmental record in front of j, that there is no substantial evidence that this project will have a significant effect the environment based on what you have, but notifying the City Council that the ord is still open, it is being re- circulated and that they will be receiving comments i that they need to take a look at that issue once they have all those comments in. iguage has been drafted to change the first finding to reflect this. on the resolution followed and purpose of the recommendation followed. s. Temple noted that the City has locally adopted guidelines in the Policy Manual for administration of the California Environmental Quality Act, and clearly knowledges that the certifying body of any environmental document is the body who responsible for the final action at that is the City Council. The Planning Commission the recommending body. rperson Toerge amended his motion to include the comments by the Assistant City Page 5 of 13 Ayes: Eaton, Toerge, McDaniel and Henn Noes: Hawkins Absent; Cole and Tucker Abstain: None SUBJECT-. General Plan Update ITEM NO. 4 mental Impact Report, and Harbor and Bay, Historical Resources, ,Its and Cultural, Natural Resources, Safety, and Noise Elements. that the Commission will be taking a break at 6:00 p.m. I at 4:00 p.m. s. Temple noted the Draft trIvironmental Impact Report is not ready as yet, but when is they will be available in the Iffuaries and for purchase. She then noted that the !port is an overall status of where the City is in this process, The General Plan Public view draft has been publicized and `suTmarized in the draft table are key changes ade as relates to Planning Commission rgEommended changes and what ended up it e Element based on input from the Harbor Commission and the City Councii. She commended that any formatting or typograpff6q1 errors can be made via email to the iairperson Toerge noted that the Elements will be takerfin the order they are :sented in the staff report. ..�, rmmissioner Hawkins asked about the Implementation Plan, whic}i, is�the final chap the Environmental document. He noted they have not reviewed that obapter and ked if any sections related to this Implementation Plan are being addressed or twill s be done later? "�.., Temple noted that currently the hearing notice is being revised to include the plementation Plan at one of the subsequent hearings. rbor and Bay Element Mr. Elwood Tescher noted that this Element was originally separated into portions of he Land Use, Natural Resources and Safety Elements. It was requested by the Harbc Commission to combine these and have a separate element although pertinent polices Continued to April 20, 2006 q` File: / /F: \Users \PLN \Shared \Gvarin \PC min etal \2006 \04062006.htm 04/27/2006 ATTACHMENT E APRIL 6, 2006 PLANNING COMMISSION STAFF REPORT �6 FILE COPY CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 April 6, 2006 TO- PLANNING COMMISSION FROM: Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city. newport- beach. ca. us SUBJECT: Land Rover Newport Beach Service Center 2101 Dove Street General Plan Amendment No. 2004 -009 Code Amendment No. 2004 -012 Use Permit No. 2004 -043 Traffic Study No. 2005 -006 Mitigated Negative Declaration (PA2004 -249) APPLICANT: Pendragon North America Automotive Inc. REQUEST Pendragon North America Automotive Inc. proposes to redevelop the existing 4.19 acre property located at 2101 Dove Street into a vehicle service and storage facility to support their existing Land Rover dealership located at 1540 Jamboree Road. The project involves the following discretionary applications for the Planning Commission to consider: • General Plan Amendment - Change the land use designation of the 4.19 -acre site from Administrative, Professional, & Financial Commercial to Retail Service Commercial. • Code Amendment - Rezone the subject property from APF to RSC. • Use Permit — For the operation of vehicle service and storage facility. • Traffic Study —Traffic analysis pursuant to the Traffic Phasing Ordinance (TPO). RECOMMENDATION Staff recommends that the Planning Commission recommend approval of General Plan Amendment No. 2004 -009, Code Amendment No. 2004 -012, Use Permit No. 2004 -043, Traffic Study No. 2005 -006 and Mitigated Negative Declaration subject to the re- circulation pursuant to the CEQA Guidelines, to the City Council by adopting the attached draft resolution. 51 wq Land Rover Newport Beach Service Center April 6, 2006 Page 3 BACKGROUND The 4.19 -acre site presently is developed with a 62,457- square foot, vacant industrial building. The existing building was originally occupied by Edler Industries, Inc., which manufactured thermo insulation components for rocket motors from 1964 to 2001. Since then, the property has been leased to various business operators on a temporary basis, which include a stone and the sales business, a batting cage and sports equipment sales business, a patio furniture sales business and various storage operations and most recently a car rental business. A majority of the building is one level except mezzanine levels. The building has an existing loading dock on the south side of the building with surface parking located on the east and west sides. Vehicular access to the property is provided via existing driveways on Campus Drive and Birch Street. In February of 2003, the City Council initiated a General Plan Amendment to allow for the consideration of self - storage facilities in the range of permitted uses in the Campus Drive area of Statistical Area L -4 (Airport Area) in order to allow the property to be developed as a self - storage facility. The property owner later withdrew their request in favor of the proposed project. PROJECT DESCRIPTION The applicant currently operates the Land Rover Dealership located at 1540 Jamboree Road. The Jamboree Road site presently operates as an integrated dealership with sales and service operations. The applicant desires to consolidate three of their franchises onto this site for retail operations, while converting the subject site to vehicle service and inventory storage. The consolidation of the 3 franchises at the Jamboree site presents capacity issues and the request for a vehicle service and storage facility at the subject property would effectively resolve these issues. All proposed improvements to be made at the Jamboree site are minor and do not require an amendment to the existing Use Permit. The relocation of their service and storage operations to the subject site, however, necessitates an approval of the requested applications. The applicant proposes to convert the existing building into a vehicle service and storage facility. Minor interior demolition is proposed while the majority of the building exterior would remain unchanged. Interior partition walls, stairways, an existing below -grade loading dock and an electrical enclosure would be demolished. The mezzanines would be partially demolished and remodeled for parts and storage areas. Interior improvements also include conversion of the former main office area on the north side of the building into a tool room and locker area for technicians; construction of approximately 27 service bays within the west side of the building; construction of offices, Land Rover Newport Beach Service Center April 6, 2006 Page 4 a customer lounge, parts storage areas and restrooms on the southwest comer of the building and construction of a vehicle storage area within the east side of the building. Exterior improvements include construction of a main entrance and customer patio area on the west side of the building and construction of a service canopy, a 348- square foot car wash and a trash enclosure on the south side of the building. All existing and proposed mechanical units will be screened from view. The existing parking areas will be completely demolished and resurfaced. Landscaping will be provided throughout the property including site and building perimeters and the parking areas. Four vehicular display pads will be constructed in the grass area located on the north side of the building fronting on Dove Street. Upon completion of the improvements, the overall square footage of the building will be reduced from 62,457 to 58,145 gross square feet, a 4,312 square feet reduction in building size. Vehicular access to the property is proposed be reduced from 4 driveways (2 along Campus Drive and 2 along Birch Street) to 2 driveways. The driveways will generally, remain in the same location but the drive approaches will be modified to meet City standards. The proposed hours of operation are from 7:00 a.m. to 6:00 p.m., Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturday. It is anticipated that a total of 40 employees including service and part managers, technicians, service advisors, parts personnel, service writers and support staff would be working during various shifts. The service department would serve approximately 40 vehicles per day. Service includes minor and major repairs including new and pre -owned vehicle preparation. No body shop, paint booths or fueling services are proposed. The remainder of building will be devoted to vehicle storage for service vehicles and new inventory. The subject site will serve as overflow storage for the existing off -site storage at the Newport Dunes. No outdoor storage of inventory is planned; however, it could occur from time to time. DISCUSSION & ANALYSIS General Plan Amendment— Change in Designation The project is located in the Campus Drive Area (Statistical Area L4) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF). This area is bounded by Campus Drive, MacArthur Boulevard, Birch Street and Bristol Street North. The maximum floor area ratio (FAR) permitted by the General Plan for the subject property is 0.50/0.75. The proposed project will have a 0.32 FAR, which is less than the maximum permitted by the General Plan. The project proposes a change to the General Plan land use designation of the site from Administrative, Professional & Financial Commercial to Retail & Service Commercial. The amendment is necessary because vehicle repair /service and vehicle 6'o Land Rover Newport Beach Service Center April 6, 2006 Page 5 storage are only permitted as ancillary uses in the APF designation. Since the proposed project would not function as an ancillary use to the Airport Office Area, the proposed use would not be allowed on the subject site. The change in land use designation to RSC would allow vehicle repair as a primary use and vehicle storage would then be allowed as an ancillary use at the subject site. The change in land use would allow the 4.19 -acre site to be used for retail commercial uses as opposed to being used exclusively for office uses. The General Plan Amendment will not increase the potential building area entitlement but simply would allow the property to be improved with uses that are predominantly retail in character which provide goods and services to the general public. Surrounding land uses include a mixture of office and retail uses, a carwash /gasoline station, automotive related uses and John Wayne Airport. Furthermore, since APF and RSC designations are both part of the City's commercial districts, many of the land uses allowed within these two districts are the same and include vehicle service and storage. As a result, the proposed use of the property, in staffs opinion, would not be incompatible with the surrounding uses. Applicable General Policies The Land Use Element has 12 general policies to guide consideration of the potential amendments. The following discussion relates to those general land use policies that are applicable to the proposed project. B. To ensure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified in the Land Use Element allow for some modest growth. To ensure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based upon the trip generation characteristics of land uses. The proposed project results in the redevelopment of an older and underutilized property. With the improvements proposed to be made by the applicant, the value of the property will be increased. The proposed FAR of 0.32 is within the allowable floor area limits and the traffic generated by the proposed project will not exceed the level of service desired by the City as demonstrated by the Traffic Study discussed below. The proposed changes to Statistical Area L4 pertaining to Campus Drive Area is shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1). Charter Section 423 Analysis Campus Drive Area of Statistical Area L4 has a current General Plan limit of 1,261,727 square feet. The project will not add square footage of non - residential intensity in Campus Drive Area. However, Council Policy A -18 requires that all proposed General Plan amendments be reviewed to determine if a vote would be required. If a project generates more than 100 peak hour trips, 40,000 square feet of non - residential floor 61 Land Rover Newport Beach Service Center April 6, 2006 Page 6 area, or excess of 100 dwelling units, a vote of the citizens would be required, if the Council approves the requested Amendment. Council Policy A -18 includes a Trip Rate Table adopted for use when reviewing proposed GPA's relative to Charter Section 423. As the request is a change in land use designation from AFF to RSC, the maximum peak hour trips methodology will be used. This category is identified in Council Policy A -18 for RSC, APF and RMC zones and is the same average rate for the broad list of uses permitted in these zones. The trip generation rates are 3 for morning and 4 for evening peak hour trips per each 1,000 square.feet of floor area. Based on these identical rates the proposed amendment will result in no additional peak hour trips. In other words, if the site were redeveloped consistent with either land use designation, on average, there would not be an appreciable difference in traffic generation. In conclusion, a vote of the electorate is not required. Charter Section 423 also requires that 80% of increases (units, area or traffic) from prior general plan amendments within the same statistical area be added to the traffic generated by the project to see if cumulatively a vote would be required. There were three prior amendments approved for Statistical Area L4, and the following chart shows the area and peak hour trips analysis. Amendment Area # of A.M. Peak P.M.Peak Hour Dwelling Hour Trips Trips Units Carrico Pacific 1,272 s.f. (80 %) 0 2.4(80%) 2.4(80%) GP2001 -004 1 Willson Automotive 0 0 15.3(80%) 23.3(80%) GP2004 -004 Master Development 1,400 s.f. (80 %) 0 2.4(80%) 2.4(80%) GP2004 -006 Proposed Amendment 0 0 0 10 Total 2,672 s.f. 0 20.1 128.1 As indicated in the preceding table, the project with "prior amendments" do not exceed the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds, therefore a vote pursuant to Charter Section 423 is not required. Should the City Council approve the proposed amendment, it will become a "prior amendment" that will be tracked for ten years. The Steadfast Investment project is also being considered on the same Planning Commission .agenda. Should the project be approved, the total A.M and P.M peak hour trips and building square footage would not exceed the Charter Section 423 thresholds. 6� Land Rover Newport Beach Service Center April 6, 2006 Page 8 Use Permit The applicant requests approval of a Use Permit for the operation of vehicle service and storage facility under the proposed RSC designation for the subject site. A recommendation to the City Council to approve these uses requires that the Planning Commission make the following findings: • That the proposed location for the vehicle service and storage facility is in accord with the objectives of the Zoning Code and the purposes of the district in which the proposed vehicle service and storage facility site is located; • That the proposed location of the vehicle service and storage facility and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City; and • That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in. the district in which it would be located. Compatibility of the proposed vehicle service and storage facility with nearby uses is also a consideration in the Use Permit approval. The subject property is surrounded by one and two -story office and commercial buildings, a carwash /gasoline station, automotive related uses and John Wayne Airport. The existing 24 -foot high building will be improved with design elements that resemble an office or administrative building and will be substantially consistent in design, quality of materials, scale, and building volume with that of nearby structures. Furthermore, on -site improvements which include the provisions of extensive landscaping treatments throughout the property, a new trash enclosure and newly paved parking lots are expected to enhance the visual characteristics of the property. To improve traffic and circulation on the project site and adjoining streets, vehicle access to the subject property is proposed to be reduced from four to two driveways and will have modified driveway approaches to meet the City's standards. However, the Traffic Study recommends that the project provide a driveway on Dove Street. This is to allow patrons traveling southbound on Campus Drive access to the site on Dove Street without having to make a u -turn at the intersection of Campus Drive and Quail Street. The Traffic Engineer reviewed and concurs with this recommendation. The new access point will be located on the west side of the building and will be aligned with the closest Land Rover Newport Beach Service Center April 6, 2006 Page 9 driveway parallel to the existing building. A condition of approval requiring this provision has been included in the draft resolution. Noise sources on the project site, including automotive repair equipment, were considered in the Initial Study prepared for the project as required by CEQA. No sensitive noise receptors, e.g. residences, are located in the vicinity of the proposed service center and the Initial Study found that the highest noise levels would result from construction of the vehicle service and storage facility. The proposed vehicle service center is subject to Mitigation Measure N -1 that requires that construction activities be conducted in accordance with the City of Newport Beach noise standards and that the hours of construction are limited accordingly. The Initial Study indicates that operational noise sources would be less than significant with Mitigation Measure N -2 requiring noise control devices to minimize operational noise impact consistent with the City's noise standards. Based upon the operational characteristics of the use, a review of surrounding land uses, building and site improvements, traffic considerations, noise and lighting, staff believes that the Planning Commission can recommend approval of the Use Permit for the proposed facility through the adoption of conditions of approval provided the General Plan Amendment and Code Amendment are also approved. Traffic Study The traffic study identifies the potential traffic and circulation impacts associated with the proposed development. A traffic study is required when a project will generate more than 300 average daily trips pursuant to the Traffic Phasing Ordinance (TPO). The City Traffic Engineer prepared a preliminary estimate of trips and concluded that a traffic study would be required. A traffic study has been prepared by RK Engineering Group, Inc. under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix D of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), and General Plan analysis. The project will result in a net increase of 1,193 new average daily trips, 113 vehicle trips during morning (AM) peak hour and 102 vehicle trips during the afternoon (PM) peak hour. Fourteen (14) intersections were identified by the .Traffic Engineer for inclusion in the study. Project related traffic is expected to result in a one percent increase in nine (9) out of the fourteen (14) study intersections. Intersection Capacity Utilization analysis was performed on the following 9 intersections: 1. Mac Arthur Blvd. at Birch Street 2. Mac Arthur Blvd. at Jamboree Road 3. Campus Drive at Dove Street 4. Campus Drive at N Bristol Street 5. Campus Drive at SE Bristol Street E6 Land Rover Newport Beach Service Center April 6, 2006 Page 10 6. Birch Street at Dove Street 7. Birch Street at N Bristol Street 8. Birch Street at SE Bristol Street 9. Jamboree Road at Campus Drive The study concluded that the project related traffic does not cause an unsatisfactory level of service at any of these intersections as all of the intersections will operate at LOS D or better. Therefore, no significant impact occurs and no improvements are required at these intersections. Environmental Review A Mitigated Negative Declaration (MND) has been prepared by PCR Service Corporation for the proposed project in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The MND is attached as Exhibit No. 3. The MND identifies six (6) issue areas with 24 mitigation measures. Those issues are: Air Quality, Hazards /Hazardous Materials, Hydrology/Water Quality, Noise, Transportation/Traffic, Utilities and Service Systems. The MND was circulated for public review between February 9 and March 10, 2006. Comments were received from the Orange County Airport Land Use Commission (ALUC), California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Department of Toxic Substances Control (DTSC). During the preparation of the responses, new avoidable significant effects have been identified. As result, three (3) mitigation measures have been drafted to reduce these effects to a less than significant level. These issues identified related to Cultural Resources, Hazards and Hazardous Materials and Noise. The introduction of three (3) mitigation measures, however, has prompted the need to re- circulate the MND pursuant to Section 15073.5.b.1 of the California Environmental Quality Act. Staff has prepared an errata (Exhibit 3) to include three (3) new mitigation measures (CR -1, HM -5 and N -3), minor changes made to Mitigation Measure HM -1, the revised the Mitigation Monitoring and Reporting Program and the Response to Comments Document for the Planning Commission to consider. Staff also respectfully recommends that the Commission consider the draft MND including the errata and require the recirculation of the MND to be made prior to the City Council's consideration. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. The environmental assessment process has also been noticed in a similar manner and all mandatory notices per the California Environmental Quality Act have been given. 61 Land Rover Newport Beach Service Center April 6, 2006 Page 11 Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Summary Staff believes that findings necessary for project approval can be made. It is staffs opinion the proposed project would not prove detrimental to the area because the proposed vehicle service and storage facility would be compatible with the surrounding uses. Furthermore, because of its close proximity to the John Wayne Airport, the subject property is significantly impacted by the noise from the airport. Consequently, it is not an ideal location for many uses. The noise is much less of a nuisance to an automotive use; therefore, it would be a suitable use of the subject property. The recirculation of the MND is necessary in order to ensure that the public and other agencies have the opportunity to comment on the revised document before it may be adopted. With the implementation of the suggested mitigation measures, the project's environmental impacts will be reduced to less than significant levels. Should the Planning Commission conclude that the project as proposed would not be compatible with the surrounding uses and that the site should be redeveloped for office uses, the project should be denied or modified to address any issues that may arise. If a redesigned project is advisable, staff recommends a continuance to allow the applicant time to revise their plans accordingly should this course of action be sought. Prepared by: "O,aO,-"4 Ro I alinh M. Ung, so late Planner Submitted by: I L Emd= Patricia L. Temple, Planning Director Exhibits: 1. Planning Commission Resolution 2. Applicant's Letter of Request 3. Initial Study & Mitigated Negative Mitigation Monitoring & Reporting Comments included)' 4. Project Plans No. 2006- Declaration (Errata, Revised Program and Responses to Public ' Distributed separately due to bulk. Available for public review at the Planning Department ATTACHMENT F RECIRCULATED MITIGATED NEGATIVE DECLARATION & INITIAL STUDY DISTRIBUTED SEPARATELY DUE TO BULK 6.3 ' nuunnnnummnuuuu�nuuunmtunnun 1• � ��I �'nne ��IIIIII�IIIIIIIIIII�IIIIIIIIIIII�IIIIIIIIIIIIIIIIIII�II = A� will h s n o n 5::.:SSSSSS ; w z W U W U W Q W CD W U O F Q N m a > r O p Z� �Ae �A E €� �69 5 �4 Fps � = P fiZ. MmP # l t �6 IMF a I i z 65 e pill uununun11 III mnununnnuununm IF11 Vo U44 I .... sn. x.a a a m a �xs \ li�xo MET a I .... sn. x.a a a m nennnnuuununnnunnuunnnnnunnun �_I ��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � � ^e ai n �i n ti n u a u of I z 5 6 K O O C S to nununnuununnnnnmmunmuununun a I IIIIIIIIIII Ell t mll neuuununnnuuunuununnnnuunnmw � ,, I�iilllllllllllllfllllllllll Illllllillllllllllllllllilll QQQ Q Q Q '16 it n, .I .I ME n II CC < z } o _ o-- t t E o- o- !i o- o-- a- 1 N EM .y N Q— W 0 V � W > 4 04 0? Zip z - z N N -14 F-- -- i I Y 1 1 —_— �I1111111111111111111111111111111111111111111111111111111 i � iliililiillllllllllilllllllllllllllllllillllllllllllll � � °I niiunuunumuumuuunuwuuumuunnu oouuunnuunnuuununumuuuumuuun . I 8; z p@ U as @p° o will 1 a 0 1 1 e 1 � . lz s a a ON C m ATTACHMENT H RESPONSE LETTER TO OCTA DATED MAY 212006 -71 CITY OF NEWPORT BEACH f PLANNING DEPARTMENT Patricia L. Temple. Director (949) 644 -3208 May 2, 2006 Charles Larwood Section Manager, Corridor Studies Orange County Transportation Authority 550 South Main Street Orange, CA 92863 -1584 RE: NOTICE OF COMPLETION OF A RECIRCULATED MITIGATED DECLARATION FOR THE LAND ROVER NEWPORT BEACH SERVICE CENTER Dear Mr. Larwood: In response to your letter dated April 28, 2006, the Planning Department has reviewed and determined that your request for a new bus turnout/pad to replace the existing bus stop located adjacent to the proposed project does not raise any environmental issues as it pertains to an operational improvement to the existing bus stop. Your request; however, will be considered by the Public Works Department during the project development. Thank you very much for your timely response to the City's notice. Should you have any questions regarding this matter, please contact me at (949) 644 -3208 or via e-mail at run (o)city.newport- beach.ca.us. Scerely, �u4r , t . / ) osalinh M. Ung Associate Planner 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 - Fax: f949) 644 -3229 - www. city. newport- beach. ca. us 78 m OCTA April 28, 2006 Rosalinh Ung, Associate Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 ,L�L f._: r:. L.-;Y N 2006 Subject: Mitigated Negative Declaration for The Land Rover Newport Beach Service Center Dear Ms. Ung: The Orange County Transportation Authority (OCTA) has reviewed the Notice of Intent to Adopt a Mitigated Negative Declaration for The Land Rover Newport Beach Service Center. OCTA has a bus stop adjacent to the proposed development. The Stops and Zones Department has requested that a new bus turnout or bus pad be placed at the current bus stop location. Furthermore, it is recommended that the sidewalk, as per ADA requirement, should remain at least 8' wide by 40' long at the bus stop and at least 4' wide, obstruction -free, to each corner. If you have any questions regarding this transmittal, please contact me at (714) 560 -5683 or via e-mail at clarwood @OCTA.net. If you have any specific questions related to Stops and Zones design, please contact Bill Batory at (714) 560 -5912 or via e -mail at bbatory@OCTA.net. Sincerely, b-a' V�"'s Charles Larwood Section Manager, Corridor Studies Orange County Transportation Authority —7 550 South Main Street / P.O. Box 14184 /Orange / California 92863. 1584 / (714) 560-OCTA (6282) / CITY OF NEWPORT BEACH SUPPLEMENTAL CITY COUNCIL STAFF REPORT Agenda Item No. 15 May 9, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner (949) 644 -3208 rung @city. newport- b each. ca. us SUBJECT: Land Rover Newport Beach Service Center 2101 Dove Street (PA2004 -249) APPLICANT: Pendragon North America Automotive Inc. On May 4, 2006, staff received a letter from the California Regional Water Quality Control Board (RWQCB) commenting on the recirculated Initial Study /Mitigated Negative Declaration (IS /MND) for the proposed Land Rover Newport Beach Service Center. The letter contained comments and recommendations to the use of retention or infiltration of dry- weather runoff and "first flush" runoff filters instead of the proposed fossil filters so they could adequately reduce the level of hydrocarbons and other pollutants from stormwater prior to discharge to the nearby Upper Newport Bay. RWQCB also advises the City and applicant of the State requirements for waste discharge to sewer system and the local sewering agency responsible for the permit issuance. Staff will consider and incorporate these comments /recommendations to the final draft Water Quality Management Plan to ensure that the final WQMP adequately addresses all potential pollutants. The use of on -site retention and infiltration basins will be incorporated within the final WQMP. The document will be reviewed and approved by the Public Works Department and Code Enforcement Division prior to the issuance of building permits. Staff, therefore, believes that the comments received from RWQCB have been sufficiently addressed and would not cause the need to recirculate the IS /MND. Staff has prepared a written response to the RWQCB. A copy of the response letter is attached as Attachment No. I for the Council to consider. Land Rover Newport Beach Service Center May 9, 2006 Page 2 of 2 Prepared by: Submitted by: 1 _ linh M. Ung Patricia L. Temple ;late Planner Planning Director Attachment No. I Response letter to RWQCB dated May 5, 2006 ATTACHMENT I RESPONSE LETTER TO RWQCB DATED MAY 5, 2006 3 CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple. Director May 5, 2006 Mark G. Adelson Regional Planning Programs Section, Chief California Regional Water Quality Control Board Santa Ana Region 3737 Main Street, Ste. 500 Riverside, CA 92501 -3348 RE: NOTICE OF COMPLETION OF A RECIRCULATED MITIGATED DECLARATION FOR THE LAND ROVER NEWPORT BEACH SERVICE CENTER AT 2101 DOVE STREET, NEWPORT BEACH Dear Adelson: The Planning Department received your letter dated May 2, 2006, and has the following responses: Staff concurs with your determination that the proposed fossil filters would not adequately reduce the level of hydrocarbons and other pollutants in the stormwater prior to discharge to the nearby Upper Newport Bay. The use of retention or infiltration of dry- weather runoff and "first flush" runoff filters or similar acceptable filters would be considered and incorporated into the final draft Water Quality Management Plan to ensure that the document adequately addresses all potential pollutants. This document and improvement plans will be reviewed and approved by the Public Works Department and Code Enforcement Division prior to the issuance of building permits. The last noticeable comments from your letter are the advisement for both the City and applicant of the State requirements for waste discharge to sewer system and the local sewering agency responsible for the permit issuance. The City acknowledges the RWQCB's comment regarding discharge from the car wash and building interior to a three -stage clarifier and ultimately to the sewer system. The City will ensure that coordination with the appropriate agencies (i.e., RWQCB, Orange County Sanitation District) is accomplished in accordance with all state and local regulations. 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 t Telephone: (949) 644 -3200 Fax: (949) 644 -3229 www.city.newport- beach.ca.us `( Mark G. Adelson May 5, 2006 Page 2 of 2 Thank you very much for your comments and recommendations. Should you have any questions regarding this matter, please contact me at (949) 644 -3208 or via a -mail at rung(c) city. newport- beach. ca. us. ?,n rely, linh M. Un ciate Planner 5 California Regional Water Quality Control Board Santa Ana Region r 3737 Main Street, Suite 500, Riverside, California 92501 -3348 Alan C) Secretary Ph.D. Phone(951) 782 - 4130— FAX(951)781- 6288— TTY(951)782 -3221 Arnold Schwarz r Agenc3Secremry ;,LV [eCti U. unor -- hiry:// www.waterboards.ca . gov /santaana rLNNNING �cPFRTMKY May 2, 2006 ;ITY OF NF�.NIPORT BEACH Rosalinh Ung MAY 4 200b PM AM City of Newport Beach Planning Dept. M 9110 111 112111213141Ab 3300 Newport Boulevard Newport Beach, CA 92663 INITIAL STUDY FOR A MITIGATED NEGATIVE DECLARATION, LAND ROVER NEWPORT BEACH SERVICE CENTER, 2101 DOVE STREET, NEWPORT BEACH, ORANGE COUNTY, SCH# 2006021036 Dear Ms. Ung: Staff of the Regional Water Quality Control Board, Santa Ana Region (RWQCB), have reviewed the recirculated Initial Study (IS) for a General Plan Amendment for the above - referenced project. Existing buildings and parking lots at the site would be replaced with the proposed vehicle dealership, carwash, and vehicle repair facility. The City of Newport Beach intends to adopt a Mitigated Negative Declaration of significant environmental impacts posed by this project. We have only the following comments, provided that described mitigation measures are incorporated into project construction and operation: o The original building was a manufacturing facility for insulation components for rocket motors, and any residual hazardous materials onsite will be located through a sampling program and removed (p. 4 -16). Stormwater flowing across the proposed facility, including the service canopy and car wash (Fig. 2 -5), is expected to be captured onsite in more than one catch basin fitted with Fossil Filters (4 -22). Locations of the catch basins should be shown on Fig. 2 -5. The IS anticipates that the Fossil Filters will reduce the level of hydrocarbons and other pollutants in stormwater prior to discharge to nearby Upper Newport Bay. However, this technology is not known to address reduction of all those pollutants for which Upper Newport Bay is listed as impaired, pursuant to Clean Water Act Section 303(d), i.e., sediment, nutrients, pathogens, pesticides, and metals. For Upper Newport Bay, Total Daily Maximum Loads (TMDLs) have been adopted for sedimentation and nutrients, fecal coliform, chlorpyrifos, and toxic pollutants. Future TMDLs are anticipated for organochlorine compounds and selenium /metals. The IS should analyze the likelihood of discharges from the site containing these pollutants at levels that could effect TMDL compliance. Source control and treatment control Best Management Practices (BMPs) that will lower loading of the pollutants of concern (POC) cited above to levels that implement the existing and pending TMDLs must be identified in the IS and incorporated into the project. BMPs incorporating retention or infiltration of dry- weather runoff and so- called "first flush" runoff are known to be effective for the POC listed. California Environmental Protection Agency Recycled Paper W Rosalinh Ung -2- May 2, 2006 o We understand from p. 4 -22 that the car wash will have a three -stage clarifier. Drawings of the clarifier should be included that indicate an outlet to the sewer (such a connection is not clear from the IS). All discharges to the sewer are subject to the permit requirements of the local sewering agency. If any waste discharge to the ground from the facility is intended, then waste discharge requirements issued from this office imposing restrictive limitations on the quality of waste discharges will likely be required by the Regional Board. The proponent should be directed to the Regional Board's Permitting Section for detailed permitting information. o P. 2 -10 refers to Clean Water Act Section 401 when there appears to be no dredge or fill projects in navigable waters. The likely intended reference is Section 402. If you have any questions about this letter, please contact Glenn Robertson at (951) 782- 3259. Sincerely, Mark G. Adelson, Chief Regional Planning Programs Section cc: State Clearinghouse — Scott Morgan X: Groberts /Data/CEQA Responses/NegDec- City of Newport Bch- Land Rover Dealer- MGA.doc California Environmental Protection Agency �.♦ Recycled Paper I