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HomeMy WebLinkAbout2067 - Newport Auto Center Off-Site Parking CUP and Limited Term PermitRESOLUTION NO. 2067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-014 AND LIMITED TERM PERMIT XP2016-009 FOR PROPERTY LOCATED AT 445 EAST COAST HIGHWAY AND REVOKING USE PERMIT NO. UP1327 AND ALL AMENDMENTS THERETO, AND REVOKING USE PERMIT NO. UP3660, ALL AMENDMENTS THERETO, AND REVOKING STAFF APPROVAL SA2014-002 (PA2017-097 AND PA2016-164) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On January 18, 1968, the Planning Commission approved Use Permit No. UP1327 to allow the construction and operation of an automobile sales and service facility. On June 18, 1987, the Planning Commission approved an amendment to UP1327 to allow remodeling and expansion of the existing showroom, office, and service areas to the existing dealership. 2. On September 9, 1999, the Planning Commission approved Use Permit No. UP3660 ("UP3660") in conjunction with UP1327 approved in 1968, which authorized Newport Auto Center, LLC to operate an automobile dealership on property located at 445 East Coast Highway Newport Beach, California, and legally described as Parcel 1 of Parcel Map PM25-46 ("Property"). The findings, rights, and entitlements made in the Planning Commission's approval of the operation of an automobile dealership at 445 East Coast Highway and the facts in support thereof are contained in Exhibit A, which is attached hereto and incorporated herein by reference. 3. On July 17, 2003, the Planning Commission approved an amendment to UP3660 by Resolution No. 1607 allowing expansion of office/storage and automotive service buildings located on the Property ("Amendment 1 "). The findings, rights, and entitlements made in the Planning Commission's approval of the expansion of office/storage and automobile service buildings and the facts in support thereof are contained in Exhibit B, which is attached hereto and incorporated herein by reference. Amendment No. 1 to UP3660 consolidated all applicable findings, facts and conditions of approval of UP1327 and all amendments to UP1327. 4. On April 8, 2010, the Planning Commission approved a second amendment to UP3660 by Resolution No. 1804 allowing exterior improvements and an addition to the showroom areas in place of previous approval for expansion of the automotive service building ("Amendment 2"). The findings, rights, and entitlements made in the Planning Commission's approval of exterior improvements and an addition to the showroom areas and the facts in support thereof are contained in Exhibit C, which is attached hereto and incorporated herein by reference. Planning Commission Resolution No. 2067 Paae 2 of 24 5. On February 7, 2014, the Community Development Director issued Staff Approval No. SA2014-002 authorizing demolition of an existing canopy and construction of an addition to the parts storage building on the Property, finding the improvements in substantial conformance with UP3660 as amended. The findings, rights, and entitlements made in the Community Development Director's approval of the demolition of an existing canopy and construction of an addition to the parts storage building and the facts in support thereof are contained in Exhibit D, which is attached hereto and incorporated herein by reference. 6. On October 3, 2016, Stantec Architects Inc. ("Applicant"), on behalf of Newport Auto Center, LLC, filed an application requesting approval of a limited term permit for the storage of up to 300 inventory vehicles at the Newport Dunes (101 Bayside Drive). 7. On May 10, 2017, Applicant, on behalf of Newport Auto Center, LLC, filed an application requesting approval of a conditional use permit to continue the operation of a vehicle sales and service dealership as previously approved and also allow off-site employee parking of 75 vehicles at the Newport Dunes Resort parking lot (1131 Back Bay Drive). Use Permit 3660 as amended and modified by the two prior amendments and SA2014-002 require 70 parking spaces to be provided on the Property for employee parking. The Applicant seeks to eliminate the requirements for on-site employee parking through reallocation of the required employee spaces to an off-site location. Shuttles would be used by the dealership during business hours to transport employees to and from the off-site parking area. Two employee spaces would be retained onsite. 8. The Property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Commercial General (CG) Zoning District. 9. The Property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial — (0.0 — 0.30 FAR) (CG -A) and it is located within the Commercial General (CG) Coastal Zone District. 10. The off-site parking areas located at 1131 Back Bay Drive and 101 Bayside Drive are designated Parks and Recreation (PR) by the General Plan Land Use Element and located within the Planned Community Newport Dunes (PC48) Zoning District. The off-site parking areas are located within the coastal zone. The Coastal Land Use Plan Category is Parks and Recreation (PR) and the sites are located within the Planned Community Newport Dunes (PC48) Coastal Zone District. 11. A public hearing was held on October 19, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Planning Commission Resolution No. 2067 Paae 3 of 24 This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 and Section 15304 under Class 1 (Existing Facilities) and Class 4 (Minor Alterations to Land) 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. 2. Class 1 (Existing Facilities) exempts minor changes to land use operations involving negligible or no expansion of use and Class 4 (Minor Alterations to Land) exempts minor public or private alterations in the condition of land. The proposed project involves relocating onsite parking to off-site locations. No changes to floor area or the required number of parking are proposed. No construction is proposed. SECTION 3. REQUIRED FINDINGS. Conditional Use Permit In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of such findings are set forth: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The proposed off-site employee parking area located at 1131 Back Bay Drive, Newport Beach, California ("Off-site Employee Parking Area") is designated Parks and Recreation (PR) by the General Plan. This designation provides for public or private recreational uses. The site is currently used as parking for the Dunes, however, adequate parking in compliance with the Newport Dunes Settlement Agreement ("Settlement Agreement") is provided elsewhere throughout the property. 2. The Off-site Employee Parking Area is currently used as overflow/marina parking for the Newport Dunes Resort and Marina or "Dunes". The proposed conditional use permit would allow a portion of the existing Dunes parking lot to serve as an off-site employee parking area for the automotive dealership at the Property. The present use of the site as a parking lot would not change. 3. In the event that additional parking for marine or recreation related uses at the Dunes is needed, the Applicant would vacate the subject lot in order to provide the public with priority parking. The Applicant would be required to move all of the employee vehicles to a temporary, designated, off-site location. As conditioned, the Applicant is required to maintain public access and parking in accordance with the Newport Dunes Settlement Agreement, including, but not limited to boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human -powered launch, and camping. 4. The subject sites are not located within a specific plan. Planning Commission Resolution No. 2067 Page 4 of 24 B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Off-site Employee Parking Area is zoned as Planned Community PC48 Newport Dunes. The existing use of the site is a parking lot, which would be maintained under proposed conditions. 2. Pursuant to the Settlement Agreement, the Dunes is required to provide 645 parking spaces for the day use beach area east of the lagoon. There are 800 spaces currently provided for this purpose. The Applicant would utilize up to 75 spaces, resulting in 725 remaining parking spaces to fulfill the 645 -space requirement for the day use beach area. 3. The existing conditional use permit requires onsite parking spaces for 70 employees. The proposed conditional use permit would provide an additional seven employee parking spaces (net change), with 75 -employee spaces proposed off-site at the Dunes and two spaces retained on-site. 4. The facts in support of the required findings for off-site parking pursuant to NBMC Section 20.40.100(B) are set forth in this resolution below and are incorporated within this finding by reference. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The parking lot would accommodate 75 employee vehicles in marked legal parking spaces. No stacking of vehicles in drive aisles would be required or allowed. 2. The Off-site Employee Parking Area is located less than one mile from the Property. Shuttles would provide sufficient access to and from the off-site parking lot and the dealership site via major roadways (Bayside Drive, Jamboree Road and Coast Highway). 3. The parking of employee vehicles is primarily a passive use with employees and the associated shuttle visiting the site intermittently during the daytime. 4. The uses directly adjacent to the Off-site Employee Parking Area are nonresidential. Planning Commission Resolution No. 2067 Paae 5 of 24 D. The site is physically suitable in terms of design, location, shape size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: The Off-site Employee Parking Area is an existing parking lot that serves visitors. The Applicant would provide adequate emergency access at the site and employee vehicles would be required to park legally within the designated parking stalls. Drive aisles meeting the minimum fire standards would be maintained onsite. 2. The Off-site Employee Parking Area is located across Coast Highway from the Property. The sites are located less than a mile from each other and the employee shuttles would have a direct route between the two sites. 3. The proposed use of the Off-site Employee Parking Area as employee parking for the Property would not affect public services or utilities. E Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 4. The Off-site Employee Parking Area is located east of the existing dealership, across East Coast Highway. The sites are located less than a mile from each other and the employee shuttles would have a direct route between the two sites via East Coast Highway and Back Bay Drive. 5. The Off-site Employee Parking Area would continue to be used for parking purposes. The area would only store employee vehicles during daytime hours. When parking demand for special events at the Dunes Resort are anticipated to reach capacity, employee use of the Off-site Employee Parking Area will be discontinued during the event. Employees will temporarily park at an approved alternative location in a commercial area or outside of the City. This arrangement will avoid parking conflicts with public access to the Dunes resort when large special events occur. 6. The Off-site Employee Parking Area is located away from the main marina and resort areas and does not include the parking spaces onsite that are considered more convenient for guests at the Dunes (e.g. bay front or ADA parking spaces will not be utilized for this project). Planning Commission Resolution No. 2067 Page 6 of 24 7. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. In accordance with NBMC Section 20.40.100(8) (Off -Site Parking), the following findings and facts in support of such findings are set forth: Finding: F. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: 1. The Off-site Employee Parking Area located less than a mile from the Property. The designated employee shuttle would have a direct route both directions along East Coast Highway and Back Bay Drive. 2. The shuttle would operate from approximately 6:30 a.m. to 11 a.m., 12 p.m. to 2 p.m., and 4 p.m. to 7:30 p.m. Employees would not walk to or from the Off-site Employee Parking Area. 3. Should the parking spaces at the Off-site Employee Parking Area become temporarily unavailable, the employees would park and take the shuttle from another temporary location. Conditions are included to ensure that employees park on private property and do not park on residential streets (Condition 5). G. On -street parking is not being counted towards meeting parking requirements. Fact in Support of Finding: The Off-site Employee Parking Area is an existing parking lot. No on -street parking would be utilized to meet parking requirements. Finding: H. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: Planning Commission Resolution No. 2067 Paae 7 of 24 The Off-site Employee Parking Area is not located near residential uses. The vehicular path of travel for employees in the shuttle between the off-site lot and the project site will not generate undue impacts to nearby uses due to the direct connectivity of the two sites and the limited number of employees over time with differing shifts. Use of the Off-site Employee Parking Area for employee parking would redirect employees from entering and exiting the dealership site individually, and instead consolidate their arrival and departures to and from the project site via the shuttle. The parking lot, roadways and driveways utilized by employees and the shuttle currently exist and are designed to accommodate commercial use and traffic volumes. 2. There is a dedicated parking space at the Property for the shuttle. The shuttle would not be parked within the public right —of —way, nor would it be permitted to idle within surrounding neighborhoods. The shuttle would be required to maintain the established route pursuant to Conditions 5 and 54 in Exhibit E. 3. The project is conditioned to ensure that employees do not park on public property or residential streets (Condition 5). Finding: The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The required Off-site Employee Parking Area shall be provided and permanently maintained for employee parking as long as the use authorized by Conditional Use Permit No. UP2017-014 remains effective. 2. Seventy five (75) parking spaces shall be provided for employee parking at an off- site, private lot by a lease or other binding private agreement (required off-site parking). 3. A parking agreement or covenant, in a form approved by the City Attorney and the Community Development Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Community Development Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off- site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by Conditional Use Permit No. UP2017-014, the Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking is provided that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional Use Permit No. Planning Commission Resolution No. 2067 Paae 8 of 24 UP2017-014 is reduced in proportion to the parking spaces lost; or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40.110 rendering the required off-site parking unnecessary. 4. On occasion, when there is a demand for marine or recreation related uses at the Newport Dunes Resort, the Applicant would temporarily move the vehicles to another designated off-site location. Special events or other occasions requiring additional parking at the Dunes are anticipated to occur approximately three to five times in a year. A condition of approval has been included requiring the Applicant to obtain approval for the alternative sites from the Community Development Director. Additionally, pursuant to Condition 5, the Applicant would not be permitted to park any vehicles on public property or residential streets. Limited Term Permit (Over 90 Days) In accordance with NBMC Section 20.52.040(G) (Limited Term Permits), the following findings and facts in support of such findings are set forth: A. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use. I fee • • The use would be authorized for one year. 2. The proposed vehicle storage is a passive use, with porters transporting vehicles to and from the site approximately 5 to 10 times per day Monday through Saturday between the hours of 10 a.m. and 6 p.m., thereby reducing any potential effects to persons residing or working in the neighborhood. The number of transport vehicles accessing the site are limited. 3. The property located at 101 Bayside Drive, Newport Beach, California ("101 Bayside Drive"), has been used for temporary vehicle storage since at least December of 2014, and there is no evidence that this use has been detrimental or hazardous to public convenience, health, or safety of persons residing or working in the neighborhood. The previous approval (Limited Term Permit XP2015-006) allowed storage of up to 40 vehicles, and approximately 200 have been stored at 101 Bayside Drive without any known detriment to the community. 4. The Applicant would utilize up to 300 inventory parking spaces in the marina/overflow parking area of the Dunes (101 Bayside Drive), which contains 654 Planning Commission Resolution No. 2067 Page 9 of 24 parking spaces. Thus, 354 parking spaces would remain available for use by the existing marina and other uses at the Newport Dunes. The vehicle storage area of 101 Bayside Drive is separated from the marina parking area thereby ensuring the more conveniently located spaces are available to marina uses. 5. The limited term inventory parking at 101 Bayside Drive would not affect the day use area located east of the lagoon, which is required to provide 645 spaces pursuant to the Settlement Agreement. 6. The proposed parking area located at 101 Bayside Drive would be separated from the residential uses to the west by distance (approximately 300 feet), landscaping, and a block wall. Additionally, the area would not be accessible to the public. 7. Minimum 26 -foot wide drive aisles would be maintained to allow Fire Department access in the event of an emergency. 8. The directly adjacent uses are nonresidential in nature. B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot. Facts in Support of Finding: The temporary storage of inventory vehicles would utilize maximum of 300 parking spaces in the marina/overflow parking area, which contains 654 parking spaces. The parking area is separated from the main access drive aisle and vehicular access to the other uses at the Dunes will not be affected. 2. The temporary storage of vehicles in the marina/overflow parking area will not impact the 800 -space beach day use parking area located east of the lagoon, which is required to provide minimum 645 parking spaces for day use beach area users by the Settlement Agreement. 3. The temporary storage of vehicles using a small portion of a parking area that is used for the marina and overflow for events will not impact public access and recreation components of the Newport Dunes Resort. 4. No structures or property improvements are proposed or authorized. 5. As conditioned, the Applicant is required to maintain public access and parking in accordance with the Settlement Agreement, including, but not limited to boat launch and trailer parking, wash down, beach and day use facilities, bike trail, human - powered launch, and camping. Planning Commission Resolution No. 2067 Page 10 of 24 C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate. Facts in Support of Finding: The subject lot maintains adequate access from Bayside Drive via a two (2) lane access drive. 2. Traffic related to the proposed use would be minimal, consisting of approximately 5 to 10 porter trips per day. D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at altemate locations acceptable to the Zoning Administrator. Facts in Support of Finding: 1. The temporary storage of vehicles at 101 Bayside Drive does not generate an excess of vehicular traffic or significantly impact the parking for patrons and guests of the Newport Dunes Resort and Marina. 2. The Applicant and the property owners of the Dunes would maintain the Settlement Agreement required parking spaces. E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: The General Plan and Zoning Code establish the policies and implementing regulations to promote public health, safety, general welfare, economic vitality of neighborhoods, as well as the orderly development of the City, and to ensure the beneficial development of the City. The site is designated for Parks and Recreation, and although the use is not recreational, it is temporary and does not preclude use of the remainder of the site for existing recreational uses and would not preclude use of the vehicle storage area in the future for recreational uses. 2. The use will not be detrimental to surrounding uses, thereby furthering the intent of the General Plan and Zoning Code. Facts in support of Findings B.1 - B.9, C.1 Planning Commission Resolution No. 2067 Paqe 11 of 24 - C.5, D.1, and D.2 are hereby incorporated by reference to support this conclusion. 3. The temporary vehicle storage is conditioned such that it will comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. 2. The subject lot is not located within a specific plan. SECTION 4. DECISION. 1. The Planning Commission of the City of Newport Beach hereby approves this resolution and Conditional Use Permit No. UP2017-014 for the operation of an automobile dealership and off-site employee parking and Limited Term Permit XP2016-009 for temporary off-site vehicle inventory storage, subject to the conditions set forth in Exhibit E, which is attached hereto and incorporated by reference. 2. The findings, rights, entitlements, conditions of approval, and facts in support thereof provided in Use Permit No. UP3660, all amendments to UP3660; and Staff Approval SA2014-002 are carried over and incorporated into this Use Permit No. UP2017-014 as provided in the attached exhibits. To avoid duplication, this resolution revokes Use Permit No. UP3660, all prior amendments to UP3660, and Staff Approval SA2014-002, which upon vesting of the rights authorized by this Conditional Use Permit No. UP2017- 014, shall become null and void. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF OCTOBER 2017. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak NOES: None ABSTAIN: None AM Planning Commission Resolution No. 2067 Paae 12 of 24 A -17M. Y Findings and Facts in Support of the Modified Operation and Expansion of an Automobile Dealership at 445 East Coast Highway Rights & Entitlements: Authorized remodeling and an addition of 2,660 square feet to the showroom, office, and storage areas of the existing auto facility in conjunction with UP1327 approved in 1968. Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial' uses and an automobile sales and service facility use is a permitted use within this designation. 2. This project has been reviewed, it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of CEQA. 3. The approval of an addition to the automobile sales and service facility will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to the property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of NBMC Title 20 for the following reasons: • The use is compatible with the surrounding commercial uses since automobile service facilities are typically allowed in commercial districts that are typically a support use. • Conditions have been added to address potential problems associated with lighting, and noise. • The number of spaces provided on site can accommodate the parking demand for the facility. • The landscaping and grade elevation separation along the easterly side separates and helps minimize impacts on nearby residential uses. • The nearby residential uses will not adversely affected since conditions have been added to address potential problems associated with the proposed use, lighting, noise and hours of operation. • The building remodel and additions are compatible with the existing building, and in most cases will be provided under the roof line as viewed from East Coast Highway. • Additional landscaping has been provided onsite to enhance the aesthetics of the project and minimize the impacts of the remodel and addition. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Planning Commission Resolution No. 2067 Paqe 13 of 24 Exhibit "B" Findings and Facts in Support of Operation and Expansion of an Existing Automobile Sales and Service Dealership at 445 East Coast Highway Rights & Entitlements: Authorized amended use permit to allow a 2,496 square foot expansion of an existing 1,504 square foot sales office/storage building (4,000 square feet total for use as an automobile showroom), and a 6,302 square foot addition to an existing automobile repair and service building at an automobile dealership. The facts in support of findings from Amendment No. 1 to UP3660 address the overall operation of an automobile sales and service dealership inclusive of the addition. The location of the proposed expansion of the automobile sales and service dealership requiring this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Retail and Service Commercial (RSC) 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. The project has been conditioned to minimize impacts to the surrounding neighborhood by limiting the hours of operation, requiring all vehicle off-loading to be done on-site and requiring that lighting be designed and installed to not spill onto adjoining properties. 2. The operational characteristics of the automobile dealership, including the hours of operation are consistent with Municipal Code requirements. Any change in operational characteristics would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to CEQA under Class 1 (Existing Facilities), which allows additions up to 10,000 square feet if all public services and facilities are available and the site is not environmentally sensitive. Planning Commission Resolution No. 2067 Paae 14 of 24 Exhibit "C" Findings and Facts in Support for Exterior Improvements and an Addition to the Showroom Areas Rights & Entitlements: Authorized an addition of 4,998 square feet in place of the previous approval for the 6,302 square foot Audi service building at the Newport Auto Center. Specifically, the use permit authorized the enclosure of an existing 405 square foot patio area to the Porsche showroom, the addition of 4,593 square feet to the Audi vehicle showroom, the addition of a 900 square foot open Audi service canopy, and wrapping of the north and northwest frontage with a new aluminum composite fagade along the East Coast Highway elevations. The onsite parking included 314 total spaces including indoor and outdoor vehicle display areas. In accordance with NBMC Section 20.91.035(A) (Required Findings for Use Permits), the following findings and facts in support of such findings are set forth: Findinq: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A-1. The project is located in the Retail and Service Commercial (RSC) Zoning District, which provides areas that are predominantly retail in character as well as some service office uses. The Zoning Code identifies the vehicle/equipment sales and vehicle/equipment repair use classifications as permitted uses with use permit approval in the RSC Zoning District. Newport Auto Center has applied for the required approvals and is therefore consistent with permitted uses identified in the Zoning Code. A-2. The project will revitalize the subject property and provide an economic opportunity for the property owner to update the appearance of the automobile dealership, which serves the surrounding community. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: Planning Commission Resolution No. 2067 Paae 15 of 24 B-1. The General Plan land use category for this site is General Commercial (CG). The CG category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The retail sale and service of automobiles is consistent with this land use category and has received the required use permit approvals to operate at the subject property. B-2. The project has been conditioned to ensure compatibility with the surrounding community. Conditions are included to provide adequate maintenance of the subject property, including provisions for on-site trash areas and exterior maintenance of the project site. Department -specific conditions have been added requiring the addition of fire sprinklers to new portions of the automobile dealership and the recordation of a new drainage easement in place of the current easement, which is in conflict with the proposed addition. B-3. The project is consistent with relevant General Plan policies regarding architectural compatibility with surrounding development and parking adequacy. The project increases tax revenues that create a City-wide economic benefit. Finding: C. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. Facts in Support of Finding: C-1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent feasible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the automobile dealership and adjacent properties during business hours, if directly related to the patrons of the subject property. C-2. The project has been conditioned to require an amendment to the existing sign program for any additional signage proposed in relation to the project addition. This separate discretionary approval will regulate signage within the project site. C-3. Adequate parking is provided on-site and the proposed development complies with the height limit and required setbacks for the RSC Zoning District. Planning Commission Resolution No. 2067 Page 16 of 24 IM 1111MUSIN Findings and Facts in Support for the Demolition of an Existing Canopy and Construction of an Addition to the Parts Storage Building Rights & Entitlements: Authorized the demolition of an existing 1,568 square foot canopy and the construction of a new, 3,734 square foot Parts Storage addition, resulting in a net addition of 2,166 square feet. New Audi/Bentley lifts were also authorized for the existing Service/Parts Building (Building B). Pursuant to NBMC Section 20.54.070(B), the Director may authorize minor changes to an approved site plan, architecture, or the nature of the approved use, without a public hearing, where the Director first finds that the changes: 1. Are consistent with all applicable provisions of this Zoning Code, Facts in Support of Finding: 1. The Newport Auto Center is located in the CG (General Commercial) Zoning District. 2. Vehicle/Equipment Sales are permitted in the CG Zoning District with the approval of conditional use permit. The Newport Auto Center has a valid conditional use permit (UP3660), which was last amended in 2010. The proposed Parts Storage Addition is a use that is at all times a part of, and clearly incidental and secondary to the Vehicle Sales principal use. 3. With the net increase of 2,166 square feet for the Parts Storage Addition, the total floor area of the Newport Auto Center would be 51,885 square -feet with a Floor Area Ratio (FAR) of 0.279, which is below the 0.3 FAR of the CG Zoning District. - 4. The proposed Parts Storage Addition would be outside of the required minimum setback areas; specifically, a 5 -foot side setback required when abutting residential area (Promontory Point Apartments to the east). 5. The proposed Part Storage Addition would be 22 feet to top of parapet, which is below the 26 -foot Shoreline Height Limit for structures with flat roofs. 6. The Zoning Code establishes a parking requirement for Vehicle/Equipment Rentals and Sales at a rate of one space for each 1,000 square feet of lot area. Therefore, the proposed Parts Storage Addition will not result in an increase in required off-site parking. 7. The courtyard area where the Parts Storage Addition is proposed does not contain any required parking spaces, landscaping, or trash enclosures. J. Do not involve a feature of the project that was a basis for or subject of findings or exemptions in a negative declaration or Environmental Impact Report for the project, Planning Commission Resolution No. 2067 Paae 17 of 24 Facts in Support of Finding: 1. When UP3660 was amended in 2010, the project was determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). 2. The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 3. The proposed Parts Storage Addition will have a net increase in floor area of 2,166 square feet, which will not exceed the 10,000 -square -foot limit of the Class 3 exemption and the proposed use is permitted with the approval of a use permit. The proposed Parts Storage Addition does not involve significant amounts of hazardous substances and all necessary public services and facilities continue to be are provided. K. Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval, and Fact in Support of Finding: The amendment to UP3660 in 2010 involved additions to existing Audi showroom areas, a new Audi service canopy, and changes to the Audi building facade. Neither the courtyard nor the existing Parts Storage Building were specifically addressed, subject of conditions of approval, or a specific consideration by the Planning Commission in 2010 or in prior approvals. L. Do not result in an expansion or change in operational characteristics of the use. Facts in Support of Finding: 1. The proposed Parts Storage Addition would be used exclusively for the automobile parts storage and will contain no display areas, sales areas, offices, or any other use or activity that could significantly involve a greater level of activity, employment density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. 2. The proposed Parts Storage Addition is a use that is at all times a part of, and clearly incidental and secondary to the Vehicle Sales principal use. Planning Commission Resolution No. 2067 Paqe 18 of 24 EXHIBIT "E" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) General Conditions Applyinp to Both UP2017-014 and XP2016-009 Planning Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 3. Use Permit No. UP2017-014 and Limited Term Permit XP2016-009 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060(A), unless an extension is otherwise granted. 4. Test driving of vehicles (and all business activities) shall be prohibited on all residential streets. 5. Parking of employee, inventory, customer (or any other vehicles associated with the operation of the project) shall be prohibited on all residential streets and public property. 6. The Applicant shall maintain at least 112 parking spaces onsite at 445 East Coast Highway designated for customer and service parking. No inventory vehicles or employees shall be permitted to park in these spaces. The Applicant shall also maintain two designated employee parking spaces and one designated shuttle space onsite at 445 East Coast Highway. An additional 195 spaces are required onsite for inventory purposes resulting in a total of 310 parking spaces onsite. The aggregate 310 total spaces onsite are inclusive of the aforementioned customer, service, inventory, and shuttle parking. Should additional parking for service or customers be necessary, a portion of these inventory spaces shall be made available for these purposes. 7. No vehicles shall be displayed in landscaped areas on-site. 8. Full sized vehicles shall not be stored or displayed in compact spaces such that they extend into traffic aisles. 9. Delivery andlor transport vehicles (including the employee shuttle) shall not idle within residential areas. 10. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside. All vehicles parked off-site shall be operable. No wrecked vehicles are permitted. Planning Commission Resolution No. 2067 Page 19 of 24 11. A parking agreement or covenant, in a form approved by the City Attomey and the Director, that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder's Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any tem7ination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site panting is otherwise unavailable for the use authorized by Conditional Use Permit No. 3660 (UP2017-014), the Director shall establish a reasonable period of time in which one of the following shall occur. 1) Substitute parking is provided that is acceptable to the Director, or 2) the size or intensity of use authorized by Conditional Use Permit No. UP2017-014 is reduced in proportion to the parking spaces lost, or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40. 110 rendering the required off-site parking unnecessary. 12. If additional parking at the Dunes is required for a special event or marine/recreation related use, the Applicant shall temporarily move vehicles to another location that is approved by the Community Development Director. 13. Outdoor storage within parking lots, tents, or canopies shall be prohibited at the off-site panting areas and at the dealership. No parking spaces or drive aisles shall contain outdoor storage. The outdoor storage or display of materials, equipment or any other auto related parts or merchandise shall not be permitted. 14. The use of outside loudspeakers, paging systems, or sound systems shall be prohibited. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 17. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. The Planning Commission shall review this Conditional Use Permit and Limited Term Permit within one year of the date of the approval of UP2017-014 and XP2016-009. This Use Permit and/or Limited Term Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Planning Commission Resolution No. 2067 Paae 20 of 24 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 21. Should the property 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. 22. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Newport Auto Center Off-site Parking including, but not limited to, Use Permit UP3660 (UP2017-014) (PA2017-097) or Limited Term Permit XP2016-009 (PA2016-164). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Conditions 23. Six (6) Americans with Disabilities Act (ADA) accessible parking spaces shall be maintained onsite at 445 East Coast Highway. The project shall comply with State Disabled Access requirements, including handicapped parking requirements. 24. The applicant shall ensure that all accessible parking spaces are available for use for the parking of vehicles displaying either a special identification license plate or a distinguishing placard issued by the appropriate state agencies. Fire Conditions 25. For emergency purposes, a 20 -foot drive aisle shall be maintained free and clear of all obstructions at the off-site parking locations as well as the project site. 26. The minimum turning radius shall be maintained at the off-site parking locations (1131 Back Bay Drive and 101 Bayside Drive) as well as the project site. The minimum turning radius required is 20 -feet on the inside and 40 -feet on the outside. Planning Commission Resolution No. 2067 Paae 21 of 24 27. A Knox box shall be maintained at the site. Keys to locked points of ingress, electrical rooms, and other areas as directed by the Fire Department shall be located in the Knox box. C.F.C. Sec. 506.1. Conditions Applying Only to Conditional Use Permit No. UP2017-014 Planning Conditions 28. No inventory, customer, or service vehicles shall be stored at the off-site employee parking location (1131 Back Bay Drive). 29. No activities other than parking employee vehicles shall take place at the off-site parking location (1131 Back Bay Drive). Vehicle painting, repairs, viewings, etc. shall be prohibited at the off-site parking areas. 30. The number of employee vehicles parked at 1131 Back Bay Drive shall not exceed 75 at any one time. 31. The Applicant shall maintain at least 112 parking spaces on-site at 445 East Coast Highway designated for customer and service parking. No inventory vehicles or employees shall be permitted to park in these spaces. An additional 74 spaces are required onsite for 186 parking spaces total onsite. No fewer than 70 spaces at minimum shall be provided for employee parking at the designated off-site location (1131 Back Bay Drive). 32. Washing of automobiles on-site shall be limited to only those vehicles owned by the subject dealership or those that are otherwise on-site for servicing. The washing of automobiles shall be ancillary to the sales and service operation on-site. Vehicles shall be washed only at the approved wash racks and no portable wash racks shall be utilized on-site. 33. Discharge of waste material or paint products into the storm drain system shall be prohibited. Used oil, lubricants, and other hazardous or toxic materials shall be properly stored and collected within the vehicle service buildings. Provisions shall be made for the Appropriate collection, storage, and disposal of used oil, lubricants and other hazardous or toxic materials in applicable law. 34. Vehicle service shall be performed entirely within the service buildings. No vehicle service or repair shall take place in any parking space, drive aisle, or outdoor area. 35. Windshield signs are prohibited. 36. Deliveries and refuse collection at the dealership shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily. 37. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. Planning Commission Resolution No. 2067 Paae 22 of 24 The trash, enclosure shall have a decorative solid roof for aesthetic and screening purposes. 38. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 39. All customers and vehicle service parking areas shall be screened from adjacent properties by a 8 -foot high upper perforated decorative masonry walls. The applicant shall provide and maintain a solid access gate along Bayside Drive. 40. A 10 -foot landscape setback shall be maintained along the property line adjacent to Bayside Drive. 41. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 42. All mechanical equipment and trash areas shall be fully screened from view from East Coast Highway, Bayside Drive, and the surrounding properties (including from above) and shall be sound attenuated in accordance with NBMC Chapter 10.26. 43. All signs on the subject property shall be in conformance with the sign matrix and conditions of approval for the Comprehensive Sign Program as approved per Modification Permit No. MD2004-092 (PA2004-278) and provisions of NBMC Chapter 20.67. 44. The use of banners, pennants, balloons, windshield signs, moving signs, or flashing or animated electrical signs is prohibited. 45. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 46. Site lighting shall be designed so light generated on-site does not spill on to adjoining properties or rights-of-way. On-site lighting shall be designed so that light sources are not visible from East Coast Highway, Bayside Drive, or from adjacent properties. 47. After hours lighting is limited to security lighting except for the existing seven (7) light standards located along East Coast Highway, which may stay illuminated until midnight, daily. Should the City receive complaints regarding after hours lighting, the Planning Director may require additional shields or hoods on existing fixtures, the lowering of light Planning Commission Resolution No. 2067 Page 23 of 24 standards, the reduction in the amount of lighting used, or any other measure necessary to eliminate light spillage on to neighboring properties. 48. The hours of operation of the establishment shall be limited to the following. Day Sales Service Monday - Friday 7:00 a.m. - 8:00 p.m. 7:00 a.m. - 7:00 pm. Saturday 9:00 a.m. - 7:00 p.m. 8:00 a.m. - 4:00 p.m. Sunda 10:00 a.m. - 6:00 p.m. Closed 49, A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 50. The operator of the vehicle sales and rental facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging systems, or sound systems shall be prohibited. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 14.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 51. The existing trees and landscaping on-site shall be maintained in place. The applicant shall submit a landscape plan to the Planning Director for review and approval prior to the issuance of building permits. The landscaping on-site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 52. All wash water shall drain into the sanitary sewer system and the wash area drains shall be equipped with grease traps unless otherwise approved by the Building Department. 53. Automobile wash facilities shall be designed and maintained in a manner that will prevent rain water from entering the sewer system. The wash facility shall provide a roofed washing area and curbing along the perimeter of raised surfaces of the wash facilities. The exact design shall be reviewed and approved by the Building, Public Works, and Planning Departments. Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial pro ert 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA N/A 60dBA 51. The existing trees and landscaping on-site shall be maintained in place. The applicant shall submit a landscape plan to the Planning Director for review and approval prior to the issuance of building permits. The landscaping on-site shall be regularly maintained free of weeds and debris. All trees and vegetation shall be regularly trimmed and kept in a healthy condition. 52. All wash water shall drain into the sanitary sewer system and the wash area drains shall be equipped with grease traps unless otherwise approved by the Building Department. 53. Automobile wash facilities shall be designed and maintained in a manner that will prevent rain water from entering the sewer system. The wash facility shall provide a roofed washing area and curbing along the perimeter of raised surfaces of the wash facilities. The exact design shall be reviewed and approved by the Building, Public Works, and Planning Departments. Planning Commission Resolution No. 2067 Page 24 of 24 Public Works Conditions 54. The employee shuttle shall maintain the established route as reviewed and approved by the Public Works Department. The shuttle shall drive between 1131 Back Bay Drive and the project site using a direct path along East Coast Highway and Back Bay Drive. If any changes to the shuttle route are needed, approval from Public Works Department is required. 55. All customer parking stalls and drive aisle widths shall comply with City Parking Standards. Any existing substandard customer parking stalls shall be restriped to comply with these standards. Fire Conditions 56. The sprinkler system at 445 East Coast Highway shall be monitored by a UL certified alarm service company. Conditions Applying I Only to Limited Term Permit NO. XP2016-009 Planning Conditions 57. No customer, service, or employee vehicles shall be stored or parked at the off-site inventory storage location (101 Bayside Drive). 58. No activities other than vehicle inventory storage shall take place at the off-site parking location (10 1 Bayside Drive). Vehicle painting, repairs, viewings, etc. shall be prohibited ;t the off-site parking areas. 59. The number of inventory vehicles authorized to park at 101 Bayside Drive shall not exceed 300 vehicles at any one time.