HomeMy WebLinkAbout2.0_Newport Auto Center Off-Site Parking PA2017-097 and PA2016-164Memorandum
To: Planning Commission
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
From: Liz Westmoreland, Assistant Planner
Date: October 13, 2017
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Re: Agenda Item No. 2 — Newport Auto Center Draft Resolution and
Clarification to Staff Report (PA2017-097 and PA2016-164)
The subject application was continued from the October 5, 2017, Planning
Commission meeting. The resolution supporting the recommendation is included as
Attachment A. Staff also wants to clarify and correct two errors in the prior report.
1. Deliveries would not occur at the Temporary Inventory Storage location
(101 Bayside Drive). All deliveries of vehicles would occur at the existing
dealership site at 445 East Coast Highway.
2. As discussed in the staff report, customers would not be permitted to enter
the Temporary Inventory Storage location (101 Bayside Drive); however,
no temporary barricade is proposed or required at the location.
Staff recommends approval of the project subject to the findings and conditions
in the attached resolution.
RESOLUTION 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.
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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.
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1. This project is exempt from the California Environmental Quality Act ("CEOW) 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:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. 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.
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Finding:
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.
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Finding:
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.
Finding:
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).
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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(B) (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).
Finding:
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:
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1. 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.
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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:
Finding:
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.
Facts in Support of Finding:
1. 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
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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.
Finding:
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.
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Finding:
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.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by
the limited duration use would be available either on-site or at alternate locations
acceptable to the Zoning Administrator.
Facts in Support of Finding:
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.
Finding:
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
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- 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.
NOW, THEREFORE, BE IT RESOLVED:
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:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Koetting, Chairman
Erik Weigand, Secretary
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Exhibit "A"
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.
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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.
1. 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.
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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:
Finding:
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:
In
Planning Commission Resolution No. 2067
Paqe 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.
15
Planning Commission Resolution No. 2067
Page 16 of 24
Exhibit "D"
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:
I. 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;
10
Planning Commission Resolution No. 2067
Paqe 17 of 24
Facts in Support of Finding:
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.
17
Planning Commission Resolution No. 2067
Page 18 of 24
EXHIBIT "E"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
General Conditions Applvina to Both UP2017-014 and XP2016-009
Planning Conditions
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 NEMC Section
20.54.060(A), unless an extension is otherwise granted.
4. Test driving of vehicles 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 and/or transport vehicles 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.
IN
Planning Commission Resolution No. 2067
Page 19 of 24
11. A parking agreement or covenant, in a form approved by the City Attorney 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 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. 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
parking 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. 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.
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.
19
Planning Commission Resolution No. 2067
Paqe 20 of 24
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.
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.
20
Planning Commission Resolution No. 2067
Page 21 of 24
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
anyone 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 for the facility 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.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
21
Planning Commission Resolution No. 2067
Paqe 22 of 24
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
standards, the reduction in the amount of lighting used, or any other measure necessary
to eliminate light spillage on to neighboring properties.
22
Planning Commission Resolution No. 2067
Paqe 23 of 24
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 10.26 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.
Public Works Conditions
23
Between the hours of 7:00 a.m.
and 10:00 .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 property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
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.
Public Works Conditions
23
Planning Commission Resolution No. 2067
Page 24 of 24
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 Only to Limited Term Permit N0. 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 (101 Bayside Drive). Vehicle painting, repairs, viewings, etc. shall be prohibited at
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.
M
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning Planning Commission
Yesterday, as I waited for my friends to arrive at the Newport Dunes Marina, I could not help but notice car
loads of AutoNation salespeople driving customers into the parking lot to shop and perform test drives on/off
the lot(s)
In the 15 min I waited for my friends, I watched three different carloads of clients be driven into the Dunes to
shop and eventually test drive cars off the lot onto Bayside and PCH.
I am aware AN is seeking a permit to use the "dirt" lot (currently in some of the photos, with 8 of the 180+ cars
on the property). I am also aware AN, under the terms of this permit, is to use this property for Inventory
Storage and it is not to be used for repairs or retail operations. This has never been honored by AN nor is it
being honored now.
Yesterday's observations show AN is not taking the application (or the City for that matter) seriously and is
continuing to operate consistently with previous behavior and doing what they want behind your back.
As quick math, if each test drive generated 4 trips on Bayside Dr. which they did (inbound from dealership,
outbound test drive, inbound test drive and outbound to dealership)) and during this 15 minutes AN performed 3
separate client visits (which they did) these 3 simple test drives over 15 minutes generated 12 new trips through
the PCH and Bayside Dr. Intersection. My question is wouldn't these load levels (over a normal day), be
considered significant traffic impact on a primarily residential artery (Bayside Dr.) and major NB intersection? I
realize AN is not telling you they are doing this so it is difficult to insist on a traffic study but I would suggest
you look deeper into the "normal" operating practices of AN, because their actions are different then their
words.
My understanding is retail operations violates the terms of this land use can this be confirmed? In addition, it
violates the proposed use/permit application and current agreement AN has struck with the city during this
application process.
It is also important to make you each aware the proposed property location for Inventory Storage is not what
AN is currently using. The permit is shows the dirt lot (to the east), as the proposed use not the paved Marina
parking (west side).
On a weekly average there is 180+ vehicles stored in the paved parking at the Dunes and rarely are even a
handful of vehicles stored on the dirt. One can only assume this will change? Is anyone watching this detail and
what penalties are available when AN violates the temporary permit?
If the intended use for vehicle storage is truly in the dirt field and AN has the proposed level of activity, I would
suggest at a minimum an EIR be performed as a precursor to any CEQA review (but I am not expert). This
Planning Commission - October 19, 2017
Item No. 2a Additional Materials Received
Newport Auto Center Off -Site Parking (PA2017-097 and PA2016-164)
From:
T Otte <toddotte@gmail.com>
Sent:
Monday, October 16, 2017 6:06 AM
To:
Kramer, Kory; Dunlap, Bill; Koetting, Peter, Kleiman, Lauren; Lowrey, Lee; Weigand, Erik; Zak, Peter; Biddle, Jennifer;
Campagnolo, Daniel
Subject:
AutoNations use of Dune Marina
Attachments:
IMG_7221.jpg; IMG_7219jpg; IMG_7256.jpg; 1MGJ267jpg; IMG_7273jpg; IMG_7276jpg; IMG_7280.jpg
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning Planning Commission
Yesterday, as I waited for my friends to arrive at the Newport Dunes Marina, I could not help but notice car
loads of AutoNation salespeople driving customers into the parking lot to shop and perform test drives on/off
the lot(s)
In the 15 min I waited for my friends, I watched three different carloads of clients be driven into the Dunes to
shop and eventually test drive cars off the lot onto Bayside and PCH.
I am aware AN is seeking a permit to use the "dirt" lot (currently in some of the photos, with 8 of the 180+ cars
on the property). I am also aware AN, under the terms of this permit, is to use this property for Inventory
Storage and it is not to be used for repairs or retail operations. This has never been honored by AN nor is it
being honored now.
Yesterday's observations show AN is not taking the application (or the City for that matter) seriously and is
continuing to operate consistently with previous behavior and doing what they want behind your back.
As quick math, if each test drive generated 4 trips on Bayside Dr. which they did (inbound from dealership,
outbound test drive, inbound test drive and outbound to dealership)) and during this 15 minutes AN performed 3
separate client visits (which they did) these 3 simple test drives over 15 minutes generated 12 new trips through
the PCH and Bayside Dr. Intersection. My question is wouldn't these load levels (over a normal day), be
considered significant traffic impact on a primarily residential artery (Bayside Dr.) and major NB intersection? I
realize AN is not telling you they are doing this so it is difficult to insist on a traffic study but I would suggest
you look deeper into the "normal" operating practices of AN, because their actions are different then their
words.
My understanding is retail operations violates the terms of this land use can this be confirmed? In addition, it
violates the proposed use/permit application and current agreement AN has struck with the city during this
application process.
It is also important to make you each aware the proposed property location for Inventory Storage is not what
AN is currently using. The permit is shows the dirt lot (to the east), as the proposed use not the paved Marina
parking (west side).
On a weekly average there is 180+ vehicles stored in the paved parking at the Dunes and rarely are even a
handful of vehicles stored on the dirt. One can only assume this will change? Is anyone watching this detail and
what penalties are available when AN violates the temporary permit?
If the intended use for vehicle storage is truly in the dirt field and AN has the proposed level of activity, I would
suggest at a minimum an EIR be performed as a precursor to any CEQA review (but I am not expert). This
Planning Commission - October 19, 2017
Item No. 2a Additional Materials Received
Newport Auto Center Off -Site Parking (PA2017-097 and PA2016-164)
proposed uses in very close to residential neighborhoods, recreational use, and consideration for any negative
impact to air quality and the environment should be reviewed.
For your reference attached are photos of two of the three groups of salespeople and clients visiting the Dunes
Marina yesterday to shop for new cars. If you have any questions please do not hesitate to contact me. I think it
is important to say, I do not spend my time looking for AN violations, they play this shell game right out in
front of everyone with little regard for any city official. They are solely focused on selling more cars and
exploiting the recourses of Newport Beach for their benefit and if no one brings it to your attention the activity
level will continue to rise.
Please take the time to review these photos and consider all the previous documentation submitted to City
Council on the numerous violations to fire, life and safety before you make your decision on granting this
organization any additional privileges in our city.
Thank you for your time and consideration
Todd Otte
714 915 5656
Example 1
Photo 7221 Salesperson and client shopping at car
Photo 7219 Salesperson at transport car
Photo 7256 Test Drive
Example 2
Photo 7267 Salesperson and client shopping
Photo 7273 Salesperson
Photo 7276 Salesperson and client shopping
Photo 7280 Test Drive
noun
ow
•
x
1 r
0
Planning Commission - October 19, 2017
Item No. 2a Additional Materials Received
Newport Auto Center Off -Site Parking (PA2017-097 and PA2016-164)
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Newport Auto Center
Offsite Parking
Planning Commission
Public Hearing
October 1g, 2017
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Planning Commission
Public Hearing
October 1g, 2017
Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
116-164)
Site Plan
Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
A= uencer vrr-oae
Dve rvi e
■ (i) Conditional Use Permit (UP2017-03-4)
Offsite Employee Parking
® (2) Limited Term Permit (XP2016-oo9)
Offsite Inventory Parking
Temporary
10/19/2017 Community Development Department - Planning Division 4
116-164)
Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
Auto Center OffSiteParking (PA2017-097 and PA2016-164)
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10/19/2017 Community Development Department - Planning Division
Offsite Employee Parking
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Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
Newport Auto Center OffSiteParking (PA2017-097 and PA2016-164)
Offsite
InventoryStorage
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Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
Auto Center OffSiteParking (PA2017-097 and PA2016-164)
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10/19/2017 Community Development Department - Planning Division 8
Planning Commission - October 19, 2017
Item No. 2b Additional Materials Presented at Meeting
A= uencer vrr-oae
Conduct a public hearing
Find the project Exempt from CEQA
Approve CUP (UPz017-014) and LTP (XP2016-oog)
■ Revoke the existing Use Permits (UP366o and
UP13z7), associated amendments to each UP, and
Staff Approval
10/19/2017 Community Development Department - Planning Division 9
116-164)
For more information contact:
Liz Westmoreland
949-644-3234
lwestmoreland@newportbeachca.gov
www.newportbeachca.gov