HomeMy WebLinkAbout14 - Fletcher Jones Development Agreement_PA2009-052F agwaoRT
= CITY OF
NEWPORT REACH
oar City Council Staff Report
Agenda Item No. 14
May 24, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Dana Smith, Assistant City Manager
949 - 644 -3002, dsmith @newportbeachca.gov
PREPARED BY: Fern Nueno
APPROVED: l
TITLE: Annual Review of the Fletcher Jones Motorcars Development.
Agreement (PA2009 -052)
ABSTRACT:
An annual review of the Development Agreement for Fletcher Jones Motorcars,
pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the
California Government Code.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Find that the applicant has demonstrated good faith compliance with the terms of
the Development Agreement; and
3) Receive and file the Annual Report of the Development Agreement for Fletcher
Jones Motorcars (Attachment B).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Section 15.45.080 of the Municipal Code requires the City Council to periodically review
development agreements to determine if the applicant has complied with the terms of
the agreement. This review must be conducted at least once every twelve (12) months
from the date on which the agreement is executed. The applicant is required to
demonstrate good faith compliance with the terms of the agreement, and should the
Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 -052)
May 24, 2011
Page 2
City Council find that the applicant has not complied in good faith with the agreement,
the City Council may terminate or modify the agreement.
Background:
On September 11, 1995, the City Council approved Development Agreement No. 9
between the City of Newport Beach, Fletcher Jones Motorcars, Inc., and Irvine Company.
The purpose of the Development Agreement was to allow for the development of a
previously undeveloped site, known as San Diego Creek North, with the Fletcher Jones
Mercedes Benz automobile dealership, which was previously operating in another area of
the City.
In conjunction with the Development Agreement, on September 11, 1995, the City Council
approved General Plan Amendment No. 95 -1 (D), Local Coastal Program Amendment No.
39, Amendment 823 (amendment to PC-42 San Diego Creek North), Use Permit 3565,
Traffic Study No. 108, and an amendment to Development Agreement No. 6 (CIOSA).
At the last annual review on September 8, 2009, the City Council found Fletcher Jones
to be in good faith compliance with the Development Agreement.
Annual Review:
Fletcher Jones Motorcars must comply with the terms and conditions specified in
Development Agreement No. 9. During the 1999 review, the City Council found all but
two conditions had been met. During the 2009 review, the City Council found that all
remaining conditions had been met. One complaint has been received by staff within
the last year regarding a canvas awning constructed without the benefit of a permit.
The issue has been resolved and no further complaints have been brought to staffs
attention.
Since the last annual review, Fletcher Jones Motorcars has requested permits for a
remodel and addition, lighting upgrades, and signs. The addition and remodel were
found to be in substantial conformance with the original approval for the site, and
consist of a 5,289- square -foot addition to the existing 156,124- square -foot main sales
and service building for the showroom and interior customer lounge area, conversion of
storage space to office space, and minor changes to the facility. The lighting upgrades
include removing and replacing the existing light standards in conjunction with the
remodel to provide enhanced, energy efficient lighting. Prior to approval, staff reviewed
a photometric study to check for glare and over lighting. Furthermore, a nighttime
lighting inspection was conducted before the permit was finaled and the lighting
complied with the standards for glare and light spillover. The signs include two (2) wall
signs, one of which replaced an existing sign, and a directional sign. An amendment to
the current sign program to increase the size of the wall signs and to install the
directional sign on the corner of Bayview Way and Jamboree Road was approved prior
N
Annual Review of the Fletcher Jones Motorcars Development Agreement (PA2009 =052)
May 24, 2011
Page 3
to permit issuance. All of the construction is in conformance with the Development
Agreement.
After reviewing the Status Report (Attachment B) and applicable documents, staff
determined that Fletcher Jones Motorcars has complied in good faith with terms and
conditions of the Development Agreement.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions
by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the
environment. This section exempts actions by regulatory agencies to enforce or revoke
a lease, permit, license, certificate, or other entitlement for use issued, adopted, or
prescribed by the regulatory agency or enforcement of a law, general rule, standard, or
objective, administered or adopted by the regulatory agency.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Notice of this hearing was
published in the Daily Pilot, mailed to all owners of property within 300 feet of the
boundaries of the sites and the applicant, and posted on the subject property at least 10
days prior to this hearing consistent with the provisions of the Municipal Code.
Additionally, the item was shown on the agenda for this meeting, which was posted at
City Hall and on the City website.
Submitted by:
Dana Smith
Assistant City Manager
Attachments: A. Vicinity Map for Fletcher Jones
B. Fletcher Jones Status Report
9
11
City Council
Attachment A
Vicinity Map for Fletcher Jones
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City Council
Attachment B
Fletcher Jones Status Report
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10
April 18, 2011
Ms. Fern Nueno
Assistant Planner
City of Newport Beach
33oo Newport Blvd.
Newport Beach, CA 92658
RE: Fletcher Jones Motorcars, Development Agreement # 9
Dear Ms. Nueno:
Per the attached status report from 2009, Fletcher Jones Motorcars has completed all
the requirements of DA No. 9. Let us know if you have any further questions.
Sincerely,
N4mitD-
Carol McDermott, Principal
Government Solutions, Inc.
cc: Garth Blumenthal, Fletcher Jones
Larry Lewis, Fletcher Jones
Vicki Fetterman, GSI
1 San Joaquin Plaza, Suite 230 • Newport Beach, CA 92660 • 949 - 717 -7943 main • 949.717 -7942 tax • w w gmsol.com ^ 1
FLETCHER JONES MOTORCARS
DEVELOPMENT AGREEMENT NO. 9
2009 Project Status Report
Development Agreement
between
The City of Newport Beach, The Irvine Company
and Fletcher Jones Motorcars
DEVELOPMENT AGREEMENT NO.9
I. Introduction
This report demonstrates that Fletcher Jones Motorcars is in complete compliance of all
the conditions of Development Agreement No. 9
II. Purpose
The purpose of the Development Agreement is to allow for the development of a
previously undeveloped site known as the "Sari Diego Creek North" with Fletcher Jones
Mercedes -Benz automobile Dealership that was successfully operation in another area of
the City. The City, in wishing to retain the Fletcher Jones Dealership that is the single
largest sales tax generator in the City of Newport Beach, agreed to certain terms and
conditions to secure interest in acid entitlements of the development site.
Pursuant to Section 7.04 of the Development Agreement and Chapter 15.45 of the
Municipal Code, the City shall conduct an annual review of the Development Agreement
No. 9, to review the parties of good faith and substantial compliance with the agreement
in addition to those terms and conditions required of the City of Newport Beach. The
2009 Project Status Report is for the period of June 28,1999 -May 1, 2009.
For this Review Period, the conditions and mitigation measures that are required are
listed below with an explanation as to how the requirements were or are being met. All
numbering is consistent with number sections of the Development Agreement.
Current Status:
The automotive dealership has been opened since September, 1997 and continues to
operate as a Mercedes -Benz Dealership to date.
DEVELOPMENT AGREEMENT NO.9
Items number 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, & 14 are reported as completed in the
Project Status Report prepared for the Third Annual Review of the Development
Agreement No. 9 (1999).
12
3. The City is to construct the Bayview Drive Extension 600 feet east of Jamboree
Road for the cost of $453,815.13. Pletcher Jones Motorcars previously made a
partial contribution of $139,875.45 for the construction cost. Fletcher Jones
Motorcars agreed to pay the remaining cost of $251,151.71 through five (5)
amoral payments.
Proof of Payment enclosed: Letter to Rosalind Ung documenting the last invoice
paid January 2004 completing the payment agreement of Item #3.
Date of Payments
08/01/97
03/30/98
09/01/99
07/18/00
01/27/04
Payment Amount
$62,787.97
$62,787.97
$62,787.97
$62,787.00
$62,787.00
15. Landscape Plans
Refer to Landscape Plan and photos for the to demonstrate the planting of
native trees on the perimeter of Bayview Way as requested in the previous
Project Status Report.
13
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STATE OF CALIFORNIA
650 HOWE AVE
SACRAMENTO, CA 95825
442 282 01
HMH PROPERTIES INC
PO BOX 579
LOUISVILLE, TN 37777
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501 BAYVIEW C
NEWPORT BEACH, CA
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JONES MOTOR CARS FLETCHER
COUNTY OF ORANGE
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PO BOX 4106
3300 JAMBOREE RD
SANTA ANA, CA 92702
NEWPORT BEACH, CA 92660
442 282 02
442 282 06
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SK HART BAYVIEW LLC
500 BAYVIE
46 W BROADWAY
NEWPORT BEACH, 92660
SALT LAKE CITY, UT 84101
442 282 07 282 09
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NEWPORTBEACH, 2660 NEWPORT CA 92660
PA2009 -052
Created 05 -12 -2011 Fletcher Jones Development
Agreement
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NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted
in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the
City of Newport Beach will consider the following application:
Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of
Development Agreement No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal
Code and Section 65865.1 of the California Government Code. On September 11, 1995, the City Council
approved Development Agreement No. 9 between the City of Newport Beach, Fletcher Jones Motorcars, Inc.,
and The Irvine Company. The purpose of the Development Agreement was to allow for the development of a
previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz
automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321
(Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you challenge this
project in court, you may be limited to raising only those issues you or someone else raised at the public
hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public
hearing. The agenda, staff report, and documents may be reviewed at the Planning Division
(Building C, 2 "d Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.newportbeachca.gov on the Thursday prior to the hearing.
For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949 - 644 -3227
or fnueno @newportbeachca.gov.
I ]MI6 ham/
Leilani Brown, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement
No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California
Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport
Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. The purpose of the Development Agreement was to allow for the
development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz
automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by
Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to
have a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written
correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at
the Planning Division (Building C, 2ntl Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.newportbeachca.gov on the Thursday prior to the hearing.
For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949- 644 -3227 or
fnueno @newportbeachca.gov. _
i✓� .ri- vim.
f Leilani I. Brown, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, May 24, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
Annual Review of Development Agreement for Fletcher Jones (PA2009 -052) - An annual review of Development Agreement
No. 9 for Fletcher Jones Motorcars, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California
Government Code. On September 11, 1995, the City Council approved Development Agreement No. 9 between the City of Newport
Beach, Fletcher Jones Motorcars, Inc., and The Irvine Company. The purpose of the Development Agreement was to allow for the
development of a previously undeveloped site, known as the San Diego Creek North, with the Fletcher Jones Mercedes Benz
automobile dealership. Fletcher Jones Motorcars is located at 3300 Jamboree Road.
The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by
Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to
have a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written
correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at
the Planning Division (Building C, 2 n Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.newportbeachca.gov on the Thursday prior to the hearing.
For questions regarding details of the project please contact Fern Nueno, Assistant Planner, at 949- 644 -3227 or
fnueno@newportbeachea.gov.
A�Leilanl I. Brown, City Clerk
City of Newport Beach
RECEIyED
City Clerk's Office 1t111 MAY 19 AM a- 4U
AFFIDAVIT OF POSTING
OFFICE OF
CITY OF T gEG
On ti, AG\ l- 2011, I posted the Notice of Public Hearing regarding:
J
Annual Review of Development Agreement for Fletcher Jones
(PA2009 -052)
Date of City Council Public Hearing: May 24, 2011
RECEIVED NOTICE I PtHEREBAdIV
NOTICE tf HEREBY day,
EN that 01 Tuesday,
PROOF OF p-.,,a 2011, 7A0
pun., a Dublic hearing
PUBLICATI�r 27 38 will be conducted in the
City Council Chambers
(Building A) at 3300
Newport Boulevard,
Newport Beach. The City
QI C f iC[ OF Council of the City of
CLERK
Newport Beach will con -
_
TKE CITY
1 BMH
cider the following eppli-
cation:
STATE OF CALIFOF�NCA) ,r�JRT
Amount Revlew of De-
Alinement
) SS.
ter Fletrher Jones
fa Fi t
(PA2009 -054) - An an-
COUNTY OF ORANGE)
nual review of Develop -
man Agreement No. 9
for Fletcher )ones Motor-
cars, pursuant to Section
15.45.060 of the Munici-
pal Cade and Section,
65865.1 of the California
On
and a resident of the County of Los
September I1, 1995, the
City Council approved
Development Agreement
Angeles; I am over the age of
9 between the City
of
of Newport Beath,
eighteen years, and not a party to or
Fletcher ,ones Motor.
Inc., The Irvine
interested in the action for which the
cars, and
Compa purpose of
D eve
the Development
attached notice was published. I am
Agreement was to allow
for the development of a
a principal clerk of the "Newport
sitepreviously o undeveloped
site, known the San
Harbor News Press combined with
N
Diego Creek North, er-
the Fletcher Jones Mer-
Benz
cedes Benx automohile
Daily Pilot', which was adjudged a
dealership.
newspaper of general circulation for
arFletcher
ed
Roadat 3300 Jamboree
the City of Newport Beach, County of
The project is exempt
from the California Envi-
Orange, and State of California.
ronmental Quality Act
('CEQA ") pursuant to
Attached to this Affidavit is a true and
foceme 15cti (Ent
forcemeat. Actions b
correct co that was printed and
PY P
Regulatory Agencies) of
the CEQA Guidelines,
California Code of Reg -
published on the following date(s):
ulations, Title 14, Chap-
ter 3, because it has no
potential to have a sig-
nificant effect on the
environment.
All interested parties
May 14, 2011
may appear and present
testimony in regard d to to
this application. If you
challenge project in
court, you may be
limited raising only
those issues you or
someone else raised at
the public hearing (de-
certify (or declare) under penalty of
scribed in this notice) or
in written corre-
that the foregoing is true and
spondence
the City, delivered to
the City, at, or prior to,
the public hearing. The
correct.
agenda, staff report, and
viewed at the Planning
Division
(Building C, 2nd Floor),
3300 Newport Boulevard,
Executed on (May 24, 2011) Newport Beach, Califoty
City
92883 or at the
of Newport Beach web-
at Los Angeles, California site at www-
newportbeachca.gov on
the Thursday prior to the
hearing.
For questions regarding
details of the project
please contact Fern
Nueno, Assistant Plan -
/ C nor, at 949- 644 -3227 or
fnueno@
/// newport rows, City LeCity Brown, City Clerk
Signature City of Newport Beach
Beach/ Costa Newport
Beach /Costa Mesa Daily
Pilot May 14, 2011