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NEWPORT BEACH PLANNING COMMISSION <br />Recommended Action: <br />1. Remove from calendar. <br />11/08/2018 <br />Deputy Community Development Director Campbell reported the applicant requested the item be removed from <br />calendar. <br />Chair Zak opened and closed the public hearing with no public comment. <br />Motion made by Commissioner Koetting and seconded by Secretary Lowrey to remove the item from calendar. <br />AYES: <br />Zak, Weigand, Lowrey, Kleiman, Koetting, Kramer <br />NOES: <br />None <br />ABSTAIN: <br />None <br />ABSENT: <br />None <br />ITEM NO. 3 <br />POWERHOUSE VEHICLE SALES CUP (PA2018-166) <br />Site Location: 2244 West Coast Highway <br />Summary: <br />A Conditional Use Permit to allow a 15,823 -square -foot vehicle sales showroom and supporting office for <br />pre -owned luxury automobiles with approximately 15 display vehicles. No exterior vehicle display is <br />proposed. The proposed hours of operation are from 8:00 a.m. through 6:00 p.m., daily. Test drives are <br />not anticipated to exceed 10 test drives per week. If approved, this Conditional Use Permit would <br />supersede previously approved Use Permit Nos. UP0251, UP1296, UP1490, and UP2087, which upon <br />vesting of the rights authorized by the subject application, shall become null and void. <br />Recommended Action: <br />1. Conduct a public hearing; <br />2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to <br />Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have <br />a significant effect on the environment; and <br />3. Adopt Resolution No. PC2018-031 approving Conditional Use Permit No. UP2018-010. <br />Associate Planner Makana Nova reported the item was continued from the October 18, 2018, Planning <br />Commission hearing. Staff has received comment letters from Jim Mosher, as well as the Coalition to Protect <br />Mariners' Mile, since the October 181h meeting. <br />In reply to Commissioners' inquiries regarding setting a time limit on the approval in light of the pending <br />Newport Village application, Associate Planner Nova explained that the applicant requested a conditional use <br />permit for an ongoing land use. The applicant would have to apply for a limited term permit for the Planning <br />Commission to consider a short duration for the use. If the Planning Commission approved a use permit for <br />Powerhouse Vehicle Sales, it would be considered an existing use, should an application be filed for the <br />Newport Village project. In reviewing the Newport Village application, staff would review site compatibility and <br />determine the appropriateness of rescinding any existing onsite use permits. The Planning Commission could <br />further restrict onsite test drives through a condition of approval. <br />Deputy Community Development Director Campbell clarified that the Commission could not add a condition of <br />approval that would sunset the use permit. A use permit runs with the land until the use ceases. The applicant <br />could discontinue the use, but that would be a business decision for the applicant. All use permits contain a <br />standard condition of approval that allows the Planning Commission to modify or revoke a use permit, if the <br />use is being operated in a detrimental fashion. The Planning Commission should review the Powerhouse <br />application as a permanent land use. If the use is being operated in a fashion that is detrimental to the <br />community or inconsistent with conditions or laws, the Planning Commission can review it at a future date. <br />Vice Chair Weigand advised that he spoke with representatives of the Coalition to Protect Mariners' Mile. All <br />other Commissioners reported no ex parte communications. <br />2 of 4 <br />