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HomeMy WebLinkAbout2.0_Newport Auto Center Use Permit Review_PA2017-097 �EWPpRT p� e CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT ra November 21, 2019 C'9C,F00.NP Agenda Item No. 2 SUBJECT: Newport Auto Center Use Permit Review (PA2017-097) Conditional Use Permit No. UP2017-014 SITE LOCATION: 445 East Coast Highway and 1131 Back Bay Drive APPLICANT: Newport Auto Center OWNER: Newport Beach Cars, LLC PLANNER: Liz Westmoreland, Assistant Planner 949-644-3234, Westmoreland@newportbeachca.gov PROJECT SUMMARY A one-year review of Conditional Use Permit No. UP2017-014, as required by Condition of Approval No. 11 of Planning Commission Resolution No. 2067. The conditional use permit (CUP) authorized off-site employee parking and regulated continued use of the property for the Newport Auto Center dealership. The purpose of this review is to review compliance with the conditions of approval of the CUP as requested by the Planning Commission at the prior one-year review conducted in 2018. Staff found that the dealership operations are not in compliance with the CUP and recommends that the applicant apply for an amendment to the CUP or potentially face revocation or changes of their CUP in accordance with Newport Beach Municipal Code (NBMC) Section 20.68.050.B. RECOMMENDATION 1) Receive public comments; and 2) Direct the Applicant to apply for a Limited Term Permit by December 21, 2019, and an amendment to Conditional Use Permit No. UP2017-014 by February 28, 2020. INTRODUCTION Project Setting The Newport Auto Center automotive dealership is located at 445 East Coast Highway. As authorized by UP2017-014, the parking lot used for offsite employee parking is located on the east side of the Newport Dunes Resort and Marina near Back Bay Drive (1131 Back Bay Drive). The parking lot is also used as day use parking for visitors to the Dunes. 1 V� QP �P s � a. r 1 . Y . � a � • fAir�iO Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 3 General Plan Q° t Rry 4NV 41"�! A '11..1P'IY 5} be 5)RO `UH O� Mw 9y PF 4P / c r R I' ' t � 4 U4 4U Zoning Map mop +` �4°pC YURNIUWN tjBERr �t 9 e � P b RO 10P" (� VP 2 LtBN nq m p � P° a1 � Pr JE � O f Yam P$ n0 9A o� P „P C1 4 fV, C Ba[k Bay R1 Vlew Palk p C 39 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial CG Commercial General CG Automotive Dealership NORTH Multiple-Unit Residential (RM) PC1 Bayside Village Mobile Coast Highway/Mobile Home Park Home Park SOUTH Single-Unit Residential Single-Unit Residential (R-1) Residential Detached RS-D EAST Multiple-Unit Residential (RM) PC12 Promontory Point— UP Residential 1494 WEST j General Commercial CG Commercial General CG Commercial OFF-SITE PARKING PR(Parks and Recreation) PC48 Newport Dunes Recreation AREA Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 4 Conditional Use Permit Conditional Use Permit No. UP2017-014 ("CUP")was authorized in October of 2017. The CUP reauthorized the dealership operations and modified the existing entitlements to allow the required employee parking (75 vehicles) to be located off-site at the Dunes' (Attachment No. PC 1 — Planning Commission Resolution No. 2067). Previously, employee parking spaces were required to be located on-site. The principal issues at the time were: 1. Employees parking off-site on public streets within nearby residential areas; 2. Vehicle delivery vehicles idling/parking in the public right-of-way; and 3. Parking of inventory vehicles at Dunes. While the CUP addressed the first bullet and authorized the third bullet, concerns regarding past compliance with CUP conditions led the Planning Commission to require a one-year evaluation to determine whether the dealership operation was in compliance with the amended conditions of approval (Attachment No. PC 3) and whether any problems may be occurring. One-Year Review of CUP (October 2018) Pursuant to Condition of Approval No. 11 of UP2017-014, the Planning Commission conducted a one-year review of the project in October of 2018. There were no complaints related to the business. Staff determined that the dealership was operating in conformance with all of their off-site employee parking conditions (except the off-site parking agreement), which was the focus of the use permit amendment application. However, during the one-year review, staff found that the business was not in compliance with the historical conditions of approval related to trash and outdoor storage. Therefore, the Planning Commission recommended that the applicant return to the Planning Commission for an additional one-year review in order to determine compliance with these new areas of concern. DISCUSSION Areas of Compliance Staff has not received any complaints regarding the business. Staff believes the dealership operates in conformance with the conditions of approval, except for the three items discussed in the next section of this staff report. The staff report from the initial one- year review identifies areas of compliance of particular interest such as the delivery of 1 Please note that Condition of Approval No. 31 contains a typographic error. It should state that"An additional 74 spaces are required off-site for 186 parking spaces total for the site..." Further, Condition of Approval No. 6 simply mirrors what was shown on the site plan. Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 5 vehicles on-site and employees parking in their designation areas (Attachment Nos. PC 3 and PC 4). Therefore, an exhaustive discussion regarding the areas of compliance has not been provided as the dealership remains in compliance. The Code Enforcement Division reported (Attachment No. PC 5) that they have not received any complaints regarding the dealership site or off-site parking location during the last review period (fall 2018 to present). Staff also reached out to the Police Department and verified that no complaints had been received related to the subject properties. Staff observed that a new drive-in canopy is currently under construction at the dealership site, which will allow customers to pull into an open covered space and conveniently leave their vehicle for service. This scope of work was authorized under Building Permit No. X2019-2739. No additional floor area was added to the site and no discretionary reviews were required for this minor alteration/remodel project. Construction fencing, personnel, and equipment will be located around the site as construction continues. Areas Not In Compliance Off-Site Parking Agreement NBMC Section 20.40.100 and Condition of Approval No. 11 of the CUP requires that a parking agreement or covenant that guarantees the availability of off-site parking be recorded against the subject property. Last year, when the applicant demonstrated that the off-site employee parking would work effectively for their use on a long-term basis, staff began drafting the parking agreement for review and signature by the various parties. However, the agreement was never recorded. Although the Newport Dunes Resort and Marina has the authority to manage the property as a long-term leaseholder and was supportive of the agreement, the County of Orange owns the property and they will not authorize the agreement. As a result, this condition cannot be fulfilled by the applicant. The applicant has two options: (1) locate a new off-site parking location for employees, or (2) accommodate the associated employee parking on the dealership site. Off-Site Temporary Inventory Storage In October of 2017, the applicant's request for off-site temporary vehicle storage was authorized by Limited Term Permit No. XP2016-009. The Limited Term Permit allowed the temporary storage of excess inventory vehicles at the Dunes dirt/gravel lot located at 101 Bayside Drive. The temporary use was authorized for up to one year and was not renewed by the applicant. On multiple occasions, staff has observed excess inventory vehicles being stored in the paved parking lot near the marina and the 101 Bayside Drive dirt/gravel lot without prior authorization. Figure 1 below shows approximate areas where inventory vehicles have Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 6 been observed. Staff has been working with the applicant to apply for a new Limited Term Permit to authorize the use of this lot on a temporary basis or they must discontinue use of the off-site location for inventory storage. Figure 1 gpYFRONI � � PRINFETON i N, All �I� T��� .t'I•y ' q`5 1 Trash and Materials Storage Staff checked both the dealership and off-site employee parking locations for any outdoor storage or litter issues. The applicant was found to be non-compliant with the following conditions, which are all related to trash and storage at the dealership site: • Condition of Approval No. 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. • Condition of Approval No. 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. Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 7 • Condition of Approval No. 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). • Condition of Approval No. 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. Based on conversations with the applicant and a site visit on November 5, 2019, staff observed a substantial number of boxes stacked on the ground and on metal racks outside of the service building near the Promontory Point apartments. The boxes appeared to contain automotive parts and other service-related items such as lubricants. Several dumpsters without lids were observed in this same area under a temporary canopy. The trash and storage areas were mostly screened from view of the public streets, but not from the adjacent apartments above. The unpermitted outdoor storage items were not blocking the drive aisles, but were located on several striped parking spaces. A substantial number of storage boxes and items were also located under a canopy between the Bentley sales building and the service buildings. Tires were also being stored in an enclosure along the block wall as well as outside along the wall separating the dealership and the Promontory Point Apartments. As shown in the above conditions, outdoor storage of parts and tires is not permitted in this area and all trash shall be properly enclosed and screened. Photographs of these areas are included as Attachment No. PC 5. No issues related to trash or storage were observed at the off-site parking locations. Applicant's Plan to Resolve Issues Staff believes the applicant has complied with the majority of the required conditions of approval and that the operation has not proven to be detrimental to the surrounding neighborhood. However, it is clear the applicant cannot cause the recordation of the required off-site parking agreement and they have not prioritized the elimination of outdoor storage as required by the existing conditions of approval. Staff and the applicant have a short-term plan for compliance and a long-term solution for future consideration. 8 Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 8 Long Term Solution: Future Redevelopment of the Dealership Site Staff has had multiple conversations with architects, builders, Newport Auto Center staff, and AutoNation executives regarding potential redevelopment of the dealership property. Conceptual plans have been drafted, but an application has not been submitted at this time. If the site is redeveloped, it is understood that the non-compliance issues outlined above would be resolved. However, since an application to redevelop the site has not been submitted nor approved yet, compliance with the current CUP is required. Therefore, the applicant has provided an interim plan to amend the CUP and become compliant with all conditions of approval. Short-Term Interim Plan for Compliance Staff believes that a new limited term permit and CUP amendment are useful interim solutions to resolve issues in the short term while a long-term solution is developed. • The applicant has demonstrated an on-going need for additional off-site inventory storage, as they cannot accommodate the volume of deliveries arriving from the manufacturer. The applicant must either remove the vehicles stored at the Dunes or apply for a limited term permit by December 21, 2019, to allow off-site inventory storage on a short-term basis. Failure to comply with this directive would potentially lead to daily fines or potential revocation/changes to their CUP mandated by the City. The limited term permit could be authorized up to two years and if the site is not redeveloped by that time, a new location or a different solution would be necessary. • Staff believes that an amendment to the existing CUP is necessary to better meet the needs of the dealership and accommodate on-site employee parking. The required employee parking must to be relocated since an Off-Site Parking Agreement could not be recorded at the Dunes. The applicant has two options as noted previously. • The CUP amendment could include changes to the site plan to create enclosed storage areas that have sufficient capacity to house vehicle parts, tires, etc. • The amendment should also include the construction of trash enclosures to screen and cover the dumpsters. Figure 2 shows a conceptual plan of the modifications. Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 9 Figure 2 o I i - i I o I I � I E105f" I SUN" II ExSnNG -v---o----9 I SERVICE AM'N S d [xsn+c eErmer I ' aa�aaw j I% I a9l T q 1- • I 1 ------------- - _ -- 0. j --------------- Trash —. Promontory Point Apartments ` Applicant's Next Steps: 1. Apply for a Limited Term Permit for temporary off-site inventory storage at 101 Bayside Drive, which can be authorized (potentially) up to two years. Staff recommends the Planning Commission direct the applicant to apply by December 21, 2019. 2. Apply for an amendment to the Conditional Use Permit by February 28, 2020 to relocate employee parking on-site or find a viable off-site location that meets the criteria of the Zoning Code. The amendment would also include the construction of a semi-permanent trash enclosure and materials storage along the block wall near Promontory Point Apartments as shown in Figure 2. If the applicant does not fulfill Steps 1 and 2 above by the specified deadlines, staff will schedule a Planning Commission hearing to potentially recommend code enforcement action or if appropriate, revocation or changes of the CUP pursuant to NBMC Section 20.68.050.B. 10 Newport Auto Center Use Permit Review (PA2017-097) Planning Commission, November 21, 2019 Page 10 Environmental Review This Conditional Use Permit review is exempt from environmental review pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the Guidelines for Implementation of the California Environmental Quality Act. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: IW( �'� Liz Westmoreland, Assistant Planner James Campbell, Deputy Director ATTACHMENTS PC 1 Planning Commission Resolution No. 2067 PC 2 Planning Commission Meeting Minutes (October 2017) PC 3 Planning Commission Meeting Minutes (October 2018) PC 4 Planning Commission Staff Report (October 2018) PC 5 Site Photographs PC 6 Applicant's Statement PC 7 Code Enforcement Memo PC 8 Site Plan 21 V� QP �P 2� Attachment No. PC 1 Planning Commission Resolution No. 2067 V� QP �P 2� 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. 1. 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. 15 Planning Commission Resolution No. 2067 Page 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 forthe 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. 10 Planning Commission Resolution No. 2067 Page 3 of 24 1. 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: 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. LZ Planning Commission Resolution No. 2067 Page 4 of 24 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. 12 Planning Commission Resolution No. 2067 Page 5 of 24 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: 1. 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). 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(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: 20 Planning Commission Resolution No. 2067 Page 7 of 24 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. 21 Planning Commission Resolution No. 2067 Page 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: 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 22 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. 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: 1. 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. 23 Planning Commission Resolution No. 2067 Page 10 of 24 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: 1. 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: 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. 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: 1. 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, CA 24 Planning Commission Resolution No. 2067 Page 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. 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 19t' DAY OF OCTOBER 2017. AYES: Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Dunlap BY: � Pe r Koetti g, hairm BY: Eri Jgand, S etar 25 Planning Commission Resolution No. 2067 Page 12 of 24 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. 2C Planning Commission Resolution No. 2067 Page 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. 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. 22 Planning Commission Resolution No. 2067 Page 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: 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: 28 Planning Commission Resolution No. 2067 Page 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 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, orthe 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, 30 Planning Commission Resolution No. 2067 Page 17 of 24 Facts in Support of Finding: 1. When UP3660 was amended in 2010, the project was determined to be categorically exempt underthe 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. 31 Planning Commission Resolution No. 2067 Page 18 of 24 EXHIBIT "E" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) General Conditions Applying 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 and/or 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. 32 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. 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. 33 Planning Commission Resolution No. 2067 Page 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. 31{ Planning Commission Resolution No. 2067 Page 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 oremployees 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. 35 Planning Commission Resolution No. 2067 Page 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 3C 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. Sunday 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: Between the hours of 7:00 a.m. Between the hours of 10:00 and 10:00 .m. p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 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 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 (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. 38 Attachment No. PC 2 Planning Commission Meeting Minutes (October 2017) V� QP �P �o NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS— 100 CIVIC CENTER DRIVE THURSDAY, OCTOBER 19, 2017 REGULAR MEETING —6:30 p.m. I. ULL TO ORDER- The meeting was called to order at 6:27 p.m. 11. PL\bGE OF ALLEGIANCE—Vice Chair Zak III. ROLL CAL PRESENT: air Peter Koetting, Vice Chair Peter Zak, Secretary Erik Weigand, Commissioner Kleiman, Commissioner Kory ramer, Commissioner Lee Lowrey ABSENT: Commis ' ner Bill Dunlap Staff Present: Community De lopment Director Seimone Jurjis, Assistant City Attorney Michael Torres, City Traffic Engineer Tony Brine, Princ al Planner Jim Campbell, Assistant Planner Liz Westmoreland, Administrative Support Specialist Jennifer Biddle, ministrative Support Specialist Brittany Ramirez, Administrative Support Technician Patrick Achis IV. PUBLIC COMMENT Jim Mosher felt the cancellation of the study sessio egarding the Koll Center Environmental Impact Report(EIR) was a mistake. Holding a study session helps the P ning Commission focus on the EIR and helps the public make intelligent comments. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF OCTOBER 5,2017 Recommended Action: Approve and file Commissioner Lowrey clarified that he abstained from the vote on Item 1, approval of t June 8, 2017 minutes. Motion made by Chair Koetting and seconded by Vice Chair Zak to approve the draft minu of the October 5, 2017 meeting with Mr. Mosher's revisions. AYES: Koetting, Zak, Weigand, Dunlap, Lowrey NOES: None ABSTAIN: Kleiman ABSENT: Dunlap VII. PUBLIC HEARING ITEMS ITEM NO. 2 NEWPORT AUTO CENTER OFF-SITE PARKING (PA2017-097 AND PA2016-164) Site Location: 445 East Coast Highway; 1131 Back Bay Drive; 101 Bayside Drive Continued from October 5, 2017 Assistant Planner Liz Westmoreland reported the application relates to off-site parking for the Newport Auto Center. The existing automobile sales and service facility was initially permitted in the 1960s. Since that time, entitlements have been modified to allow improvements. One intent of the application is to consolidate all entitlements so that only one use permit governs operations at the site. A key component of the site plan is the access route for transport vehicles delivering vehicles to the site. In the past, transport vehicles have utilized the public right-of-way to drop off vehicles. The applicant corrected this issue by providing adequate on-site space. Staff has received no complaints since approximately January 2017. The dealership will be 1 of 6 41 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 required to clean up or remove anything that does not align with the site plan. The application has two distinct components: the conditional use permit to allow off-site employee parking and a limited term permit for off- site inventory parking. Pursuant to existing entitlements, the applicant is required to maintain 70 employee parking spaces at the site. The conditional use permit will allow the applicant to reallocate the 70 spaces to an off-site location. No activities other than parking of employee vehicles will be permitted at the off-site location. A shuttle will operate between the off-site location and the dealership facility. The limited term permit will allow a maximum of 300 inventory vehicles to be stored on the site for a maximum of one year. After one year, the applicant can request approval of a second year. After a second year, the applicant will need to find an alternate location. The only activity authorized at the inventory site is the parking of inventory vehicles. Customers are not allowed to access the site per conditions of approval. Staff received public correspondence expressing concerns regarding unauthorized activities which will not be permitted under the conditions of approval. Staff believes any issues related to dust at the lot will be negligible based on 5-10 trips per day. The Commission can include a condition requiring intermittent watering of the site. Staff analyzed compatibility with surrounding uses and impact of either off-site location on public access or recreation uses at The Dunes. Both sites at The Dunes are currently used for parking, which will be maintained under the applications. Both sites have buffers to residential uses. Public Works has vetted established routes to and from both sites. If additional parking is needed for public recreation or a special event at The Dunes, the applicant will be required to move the vehicles to an approved off-site location which will likely be in Irvine. The applicant will not utilize any parking supply required by the settlement agreement governing the site. Based on the findings and conditions contained in the resolution, staff recommends approval of the conditional use permit and the limited term permit and requests revocation of all existing use permits, associated amendments, and the most recent staff approval. In response to Secretary Weigand's question, Assistant Planner Westmoreland advised that the limited term permit authorizes parking of inventory vehicles within the specified area. In reply to Chair Koetting's inquiries,Assistant Planner Westmoreland indicated existing conditions of approval do not require the applicant to pave, water, or oil the unpaved area. The Commission could add a condition requiring intermittent watering of the unpaved portion. Lighting is not proposed for the site. Reported issues are customers accessing the site; test drives occurring on the site, and possibly work being performed on vehicles. Principal Planner Jim Campbell advised that The Dunes is contemplating building a hotel on the site. In answer to Commissioner Kleiman's queries,Assistant City Attorney Torres explained that Section 20.52.040 of the Municipal Code is intended to prevent consecutive limited term permits for the same site. This should not be an issue because there is not an existing limited term permit on the site. Principal Planner Campbell stated the request referenced on handwritten page 2, number six, is the current application. The applicant has been parking vehicles at The Dunes for several years and it has not been a detrimental condition. Current operations at Newport Auto Center do not comply with the Municipal Code. With approval and implementation of the permit, operations will comply with the Code. Staff cannot estimate how often The Dunes will reach existing capacity. Delivery of vehicles will occur only at 445 East Coast Highway, the dealership site. In response to Chair Koetting's inquiry, Assistant Planner Westmoreland reported the application conforms with The Dunes' settlement agreement. The applicant will not utilize any parking spaces required by the settlement agreement. Commissioners reported no ex parte communications. Tim Tauber, Newport Auto Center General Manager, advised that employees will move cars from the inventory site to the dealership and load them onto transport vehicles. Most vehicles will be unloaded in Irvine and brought to the dealership. No large trucks will access the inventory site. In reply to Secretary Weigand's inquiries, Mr. Tauber indicated the agreement is for one year. The company is considering a parking structure to store vehicles after the one-year period. If necessary, the company will move components of the business off the premises. He has a calendar of events held at The Dunes for which vehicles will need to be moved. He could not recall specific events. The company has hired a guard to show transport vehicles where to park while unloading vehicles at the dealership. 2of6 42 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 Gordon Giacomazzi, Audi Newport Beach General Manager, reported new and used vehicles are delivered to Irvine. Transport vehicles have not been on the premises in the last seven months. He instituted measures to prevent customers from accessing the inventory site but he could not state customers were not accessing the site. Salespeople have to retrieve vehicles from the inventory site to show customers but management is working toward customers not accompanying salespeople to the site. Reconditioning of vehicles is not occurring on the site. Mr. Tauber promised any issues will be addressed immediately if the permits are approved. Chair Koetting opened the public hearing. Jim Mosher remarked that parking is not a recreational use, and the two sites are designated for parks and recreation. Condition 1 refers to approval of plans, but which plans is not clear. Many responsibilities are placed on the applicant, Stantec Company; yet, that company does not appear to be the operator of the business. Compliance issues have been occurring for sometime. He questioned whether the County is aware of the use of The Dunes for parking, whether the use is consistent with the County's lease, and whether taxpayers are receiving any revenue. Mr. Tauber stated events typically occur at The Dunes on a weekend. Only a few employees are on duty on a weekend and they can park at the dealership. Chair Koetting closed the public hearing. In answer to Secretary Weigand's query, Assistant Planner Westmoreland reported the conditional use permit runs with the land and is not limited to one year. Motion made by Commissioner Kramer and seconded by Vice Chair Zak to find this project exempt from CEQA pursuant to Sections 153011 and 15304; and to adopt Resolution No. 2067, approving Conditional Use Permit No. UP2017-014 and Limited Term Permit No. XP2016-009. In reply to Secretary Weigand's question, Assistant Planner Westmoreland indicated employee parking will not be presented to the Planning Commission again unless the applicant modifies the conditional use permit. A request to extend the limited term permit for inventory parking will be presented to the Zoning Administrator, who can refer it to the Planning Commission for review. Secretary Weigand requested the motion be amended to require review of both applications by the Planning Commission after one year for a potential extension of the limited term permit. The maker and seconder of the motion accepted the amendment. Commissioner Kleiman requested clarification regarding shuttle routes and several of the conditions. The resolution needs to state clearly that vehicles need to be moved to the unpaved side of the parking lot. In Condition Numbers 4 and 5, residential streets need to be further defined. Condition Number 8 should state delivery and/or transport vehicles are prohibited in residential neighborhoods and at The Dunes parking site. Condition Number 36 is unclear as to whether the employee shuttle is allowed. The language regarding transport vehicles should be struck from Number 2 on page 8. Commissioner Kleiman requested clarification regarding these conditions. Community Development Director Jurjis explained that many of the conditions were carried forward from the existing use permits. If the Commission directs, staff can revise specific language to address the Commission's concerns. The conditions can prohibit all business activity on residential streets. Secretary Weigand suggested Commissioner Kleiman's concerns are salespeople taking customers to The Dunes to view, look at, review, and/or drive vehicles. In answer to Commissioner Kleiman's query, Assistant Planner Westmoreland indicated that the established route for porters will be Bayside Drive between the parking lot and the dealership. The route for employee shuttles will be along Back Bay Drive, Jamboree, Pacific Coast Highway, and into the site. 3of6 43 NEWPORT BEACH PLANNING COMMISSION MINUTES 10/19/2017 In reply to Chair Koetting's inquiries, Assistant Planner Westmoreland reported Condition Number 8 applies to the dealership and has been carried forward from previous use permits. Staff is not aware of any violations specifically relating to Condition Number 8. If directed, Staff can incorporate changes to specific conditions. Commissioner Kleiman requested conditions related to restrictions in residential areas be modified to specify that the employee shuttle is prohibited in residential neighborhoods and that deliveries occur on the dealership site rather than The Dunes lot. Commissioner Kleiman did not specifically request an amendment to the motion. Assistant City Attorney Torres explained that the facility mentioned in Condition Number 36 is the dealership property, not the two off-site locations. Amended motion Commissioner Kramer with Vice Chair Zak's concurrence included in the motion two minor edits to the conditions as discussed. AYES: Koetting, Zak,Weigand, Kleiman, Kramer, Lowrey NOES: None RECUSED: None ABSENT: Dunlap I M NO. 3 LIDO MARINA VILLAGE PARKING MANAGEMENT PLAN AMENDMENT(PA2017-135) Site Location: 3636 Newport Boulevard, 3418-3428 Via Lido, 3434 and 3444 Via Lido, and 3400-3450 Via Oporto Principal Pla er Campbell reported Lido Marina Village is a commercial area located between Newport Boulevard and Via Lido g erally. The renovation and re-occupancy of the Village is almost complete. The Commission approved the use rmit in 2014;authorized a parking reduction,off-site parking,and a parking management plan; established limits on ses; and established occupancy build-out scenarios, which are no longer necessary because off-site parkin nd a shuttle are provided. With this amendment, the occupancy scenarios will be eliminated. Currently, the o.ect is consistent with the prior use permit. Staff has been tracking all restaurant uses that generate additional rking and the project is below the maximum allowed restaurant capacity. Parking issues began occurring as busi sses opened. A plan to obtain 100 off-site parking spaces with a shuttle for employees was approved by the P ning Commission in 2016. Between March and May 2017, Staff and the applicant developed and implemente pilot program to address parking concerns. Staff has been monitoring parking on a weekly basis. The amend use permit will replace the original use permit. Modifications to the parking management plan allow the share se of parking at 3700 Newport Boulevard (a new off-site parking facility), continues free employee parking in the arking structure, and requires the shuttle to operate as needed. Revised conditions allow future adjustment to the rking management plan by staff. In reply to Chair Koetting's questions, Principal Planner mpbell indicated Via Oporto is a public City street. Staff reviews parking policies for spaces located in the public ri t-of-way. The allowed time for parking depends on the need in the area. The Elks Lodge has an agreement wi the City to use the City's public parking lot after hours. In answer to Commissioner Kleiman's questions, Principal Plann Campbell advised that the applicant's representative could provide the number of employees and the number o rking spaces available for employees. Commissioner Kramer reported he had spoken with the applicant. Other Co missioners reported no ex parte communications. Chair Koetting opened and closed the public hearing with no public comment. Motion made by Commissioner Kramer and seconded by Vice Chair Zak to find this project empt from CEQA pursuant to Sections 15305;and to adopt Resolution No. 2068, approving Conditional Use Pe it No. UP2017- 019 subject to the findings and conditions of approval. Secretary Weigand clarified that future modifications will be subject to approval by the Cc munity Development Director. I 4of6 Attachment No. PC 3 Planning Commission Meeting Minutes (October 2018) 45 V� QP �P NEWPORT BEACH PLANNING COMMISSION 10/18/2018 1. Approve and file ITEM NO. 3 HELM RESIDENCE ENCROACHMENT PERMIT Site Location: 200 Via Koron Summary: request to waive City Council Policy L-6 to retain existing non-compliant private improvements within th is Koron public right-of-way consisting of two(2) low planter walls. A request to retain an existing comp' nt private improvement within the Via Koron public right-of-way consisting of a decorative walkwa . Recommen Action: 1. Find th roject exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 1 60(c)(2)and 15060(c)(3)(Preliminary Review)of the CEQA Guidelines, because it has no pot tial to have a significant effect on the environment; and 2. Adopt Resolutio No. PC2018-029 approving Encroachment Permit No. N2018-0387. ITEM NO.4 LAFRANCE AND B AM RESIDENCE ENCROACHMENT PERMIT Site Location: 2209 Pr ate Road Summary: A request to waive City Council Policy -6 to retain an existing non-compliant private improvement within the Private Road public right-of-way nsisting a six-foot high concrete retaining wall previously approved by City Council on August 8, 2017. Recommended Action: 1. Find the project exempt from the California nvironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)and 15060(c)(3) (Prelimin Review)of the CEQA Guidelines, because it has no potential to have a significant effect on th environment; and 2. Adopt Resolution No. PC2018-030 approving Encroa ment Permit No. N2018-0471. Jim Mosher suggested the Commission add a condition of approval to Items 3 d 4 that the encroachment permits will lapse should the current improvements be removed and reconstructed in a future. This will prevent the property owner from having a right to encroach in perpetuity. Community Development Director Jurjis explained that once an encroachment is rem ved, the encroachment permit ceases to exist. If the property owner wants to build a subsequent encroachment, would have to file a new application. Motion made by Commissioner Kramer and seconded by Vice Chair Weigand to approve Consent lendar Items 2, 3 and 4,with revisions to the minutes as suggested by Mr. Mosher. AYES: Zak, Weigand, Kleiman, Koetting, Kramer, Lowrey NOES: None ABSTAIN: None ABSENT: None Vill. NEW BUSINESS ITEM NO. 5 NEWPORT AUTO CENTER USE PERMIT REVIEW(PA2017-097) Site Location: 445 East Coast Highway and 1131 Back Bay Drive Summary: A one-year review of Conditional Use Permit UP2017-014,which authorized off-site parking foremployees of the Newport Auto Center at the Newport Dunes Resort property located at 1131 Back Bay Drive. The purpose of this review is to determine compliance with the conditions of approval of the conditional use permit. 2of6 NEWPORT BEACH PLANNING COMMISSION 10/18/2018 Recommended Action: 1. Receive public comments; and; 2. Require an additional one-year review to confirm compliance with refuse and outdoor storage conditions. Assistant Planner Liz Westmoreland reported that in October 2017. the Planning Commission authorized the dealership to locate its required employee parking off-site at 1131 Back Bay Drive and, as part of the conditions of approval, required the applicant to return in one year to verify compliance. In 2017, the Planning Commission also approved a limited term permit that authorized inventory vehicles to be parked on a limited basis at 101 Bayside Drive, also known as the Dunes gravel lot. The limited term permit expires on October 19, 2018, and the applicant has not filed a request for an extension. Staff observed that Sterling BMW has been using the lot without approval and staff is working with Code Enforcement to resolve the issue. The limited term permit is not part of this one- year review. In 2017, the Commission's main concerns were employees parking in residential areas, delivery vehicles idling/parking in the public right-of-way, and the availability of parking at the Dunes for public use. The previous issues have been resolved. There have not been any code enforcement complaints or any reports filed with the Police Department related to compliance with the conditional use permit. Additionally, no violations or issues pertaining to the off-site employee area have been reported. The dealership has hired a guard to monitor vehicles parking and/or idling in the public right-of-way. All customer and service parking spaces are being used properly. Drive aisles are being kept clear. Employees are using the correct area of the Dunes for parking. Regarding parking for marine-or recreation-related uses at the Dunes, events primarily occur on weekends when there are few employees. There has been only one event at the Newport Dunes where Newport Auto Center needed to move their employees to the nearby Hyatt Hotel. As part of the site investigation for this review, staff observed two types of violations. The conditions of the use permit prohibit outdoor storage of materials and require that all trash be screened from view. Staff observed auto parts and boxes being stored on the ground and on racks and several dumpsters without lids. The applicant informed staff that some of the boxes found outside resulted from Audi vacating the site. The areas are screened from Bayside Drive and Pacific Coast Highway; however, they are visible from the apartments above. Staff believes that the applicant has made a concerted effort to resolve all the key issues; however, the applicant is noncompliant with trash and storage provisions. Future options may involve construction of permanent storage and trash enclosures or moving the storage inside. Because of this, staff recommends an additional one-year review of the application or resolution of the issues through code enforcement. In response to Commissioner Koetting's questions,Assistant Planner Westmoreland advised that employees are using the parking area authorized by the conditional use permit. Employees are not using the inventory storage lot located in the Dunes gravel lot. In reply to Vice Chair Weigand's queries, applicant Tim Tauber indicated the Audis have been moved to the new Fletcher Jones lot, which leaves quite a bit more room for Newport Auto Center vehicles. Newport Auto Center used the 101 Bayside Drive lot(Dunes gravel lot) for inventory storage, but it is no longer needed. He indicated that Newport Auto Center will work on the trash and storage issue. Commissioners reported no ex parte communications. Chair Zak opened the public hearing. Seeing that no one from the public wished to comment, Chair Zak closed the public hearing. Commissioner Koetting related that he had visited the site and found quite a few new cars parked in areas not designated for parking and found stacks of tires against the wall next to the apartment project. Fourteen parking stalls have been removed and a second detailing area installed. Mr. Tauber stated the detail area has always been there, but it is temporary. Newport Auto Center is planning a building project, which will eliminate that stuff. The tires are picked up weekly. Employees park in the Dunes asphalt lot, not the gravel lot. Deputy Community Development Director Campbell advised that staff can look into the parking issues in conjunction with outdoor storage and work with the applicant to make it fully compliant. In answer to ChairZak's inquiries,Assistant Planner Westmoreland explained that the conditions of approval allow the applicant to do a certain amount of detailing in that area, including washing the vehicles. The site plan can be updated to reflect the second detailing area because it would be considered substantially conforming. 3of6 42 NEWPORT BEACH PLANNING COMMISSION 10/18/2018 In response to Vice Chair Weigand's query, Assistant Planner Westmoreland advised that with another one-year review, staff would review all conditions of approval for the dealership operations. Motion made by Commissioner Kramer and seconded by Vice Chair Weigand to amend the site plan to reflect the current condition and to require an additional one-year review to confirm compliance with refuse and outdoor storage conditions. AYES: Zak,Weigand, Kleiman, Koetting, Kramer, Lowrey NOES: None ABSTAIN: None ABSENT: None IX. PUBLIC HEARING ITEMS ITEM NO.6 POWERHOUSE VEHICLE SALES CUP(PA2018-166) Site Location: 2244 West Coast Highway Summary: A Conditional Use Permit to allow a 15,823-square-foot vehicle sales showroom and supporting office for re-owned luxury automobiles with approximately 15 display vehicles. No exterior vehicle display is p posed. The proposed hours of operation are from 8:00 a.m. through 6:00 p.m., daily. Test drives are not nticipated to exceed 10 test drives per week. If approved, this Conditional Use Permit would super de previously approved Use Permit Nos. UP0251, UP1296, UP1490, and UP2087, which upon vesting o he rights authorized by the subject application, shall become null and void. Recommend Action: 1. Conduct public hearing; 2. Find this p 'ect exempt from the California Environmental Quality Act (CEQA) pursuant to Section 1530 xisting Facilities)of the CEQA Guidelines, because it has no potential to have a significant effe on the environment; and 3. Adopt Resolution . PC2018-031 approving Conditional Use Permit No. UP2018-010. Associate Planner, Makana Nova, repo d the showroom will be located on the first floor with office uses on the second floor. Staff proposes allowing a aximum of 15 display vehicles in the showroom where the floor plans show a maximum of 12 vehicles. Ther is no exterior vehicle storage or display. No vehicle repair is proposed as part of the application. The propo d hours of operation are similar to the existing office uses, 8:00 a.m. to 6:00 p.m., daily, and customers will be en primarily on an appointment-only basis. The applicant proposes a maximum of 10 test drives per week. La uses designated for the property are mixed-use, and residential uses are located north of the site. Land use mpatibility was a key consideration in staffs review of the application. There are 63 parking spaces on-site, a the parking requirement for the proposed use is 42 parking spaces. When reviewing the application, the Buildi Division and Public Works Department noted the drive aisle behind the ADA parking stalls is less than 24 feet ide. Some of the landscape areas opposite the parking areas would have to be removed to accommodate a 24- of-wide drive aisle. To offset the removal of landscape, landscaping would be added at the front of the buildi including a 3-foot-wide hedge and 3 palm trees in keeping with the guidelines set forth in the Mariners'Mile St tegic Vision and Design Framework. The Public Works Department requests the drive apron at the front of the in entrance off Coast Highway be replaced to comply with ADA standards, which would require an encroach ent permit. The existing use permits on the site are outdated because they are based on prior developme t of the site, thus, staff has determined the use permits are no longer relevant and should be rescinded. A rol door would be installed in the existing window area to provide access for display vehicles. The draft condit s of approval prohibit test drives on residential streets and require a log of test drives that would have to be ade available upon staffs request. Staff has determined the project is categorically exempt under Class of the California Environmental Quality Act Guidelines. If approved, the use permit would become effective November 1, 2018. If no appeal is filed, the applicant could proceed with tenant improvements, permitting an onstruction. Vice Chair Weigand suggested continuing the item to the next Planning Commission meeting to en re site compatibility of a car dealership with potential mixed-use development, including residential units, w ' In is planned for the adjacent property. Vice Chair Weigand wanted to be sure the use is permissible under e 4of6 V� QP �P �o Attachment No. PC 4 Planning Commission Staff Report (October 2018) 51 V� QP �P �EWPpRT p� e CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT r+� = October 18, 2018 C,��00.NP Agenda Item No. 5 SUBJECT: Newport Auto Center Use Permit Review • Conditional Use Permit UP2017-014 (PA2017-097) SITE LOCATION: 445 East Coast Hwy and 1131 Back Bay Drive APPLICANT: Tim Tauber, Newport Auto Center OWNER: Newport Beach Cars, LLC PLANNER: Liz Westmoreland, Assistant Planner 949-644-3234, Westmoreland@newportbeachca.gov PROJECT SUMMARY One-year review of Conditional Use Permit UP2017-014, which authorized off-site employee parking for Newport Auto Center. The purpose of this review is to determine compliance with the conditions of approval of the conditional use permit, as required by Condition 11 of Planning Commission Resolution No. 2067. A one-year review of Limited Term Permit No. XP2016-009 for approved temporary off-site vehicle inventory storage at 101 Bayside Drive was also required; however, the limited term permit will not be extended and the associated review will not be required. RECOMMENDATION 1) Receive public comments; and 2) Require an additional one-year review to confirm compliance with refuse and outdoor storage conditions. INTRODUCTION Project Setting The Newport Auto Center automotive dealership is located at 445 East Coast Highway. As authorized by UP2017-014, the parking lot used for offsite employee parking is located on the east side of the Newport Dunes Resort and Marina near Back Bay Drive (1131 Back Bay Drive). The parking lot is also used as day use parking for visitors to the Dunes. 1 53 V� Q� `-� �� �� �� �P ,`�O �� �� �� VICINITY MAP MR i 1*7 r T=w "MR Employee • 1 e . V� Q� `-� �� �� �� �P ,`�O �� �� � �� Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 3 General Plan Y aowry pIREH IV A UM11AL`V �Q' sigp ��oa _ y�G' �P t P G O0. _ µ50 p- RS-0 �~ Zoning Map pG� RppRTOWN �EBER'n' i l Sa 3 Oa P H + S rO G1� Ra 'k o.;as 4 c U S � ONP V` OS pl 0..1 Back Bay pl Vlew Park % LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial CG Commercial General CG Automotive Dealemhi NORTH Multiple-Unit Residential (RM) PC1 Bayside Village Mobile Coast Highway/Mobile Home Park home Park SOUTH Single-Unit Residential Single-Unit Residential (R-1) Residential Detached RS-D EAST Multiple-Unit Residential (RM) PC12 Promontory Point— UP Residential 1494 WEST General Commercial CG Commercial General CG Commercial V� Q� `-� �� �� �� �P ,`�O �� �� �g Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 4 OFF-SITE PARKING PR (Parks and Recreation) PC48 Newport Dunes Recreation AREA L__ Background Conditional Use Permit Prior to the approval of Conditional Use Permit No. UP2017-014 (CUP) in October of 2017, operations at the automotive dealership were regulated by Conditional Use Permit No. UP3660 (approved in 1999), two amendments to UP3660, and Staff Approval No. SA2014-002. The CUP reauthorized the dealership and modified the existing entitlements to allow the designated employee parking (75 vehicles) to be located off-site at the Dunesi. Previously, 70 employee parking spaces were required to be located on-site. All prior use permits were revoked, and applicable conditions of approval were incorporated into UP2017-014 (Attachment No. PC1 — Planning Commission Resolution No. 2067). The main concerns expressed by staff and the Planning Commission at the hearing related to the operation of the dealership were: • Employees parking off-site within residential areas; • Delivery vehicles idling/parking in the public right-of-way; and • Parking at Dunes utilized for private use. Pursuant to Condition of Approval No. 11 of UP2017-014, a one-year review is required by the Planning Commission. Limited Term Permit A Limited Term Permit (XP2016-009) was also authorized on October 19, 2017, as part of Planning Commission Resolution No. 2067. The permit allowed for the temporary storage of inventory vehicles at 101 Bayside Drive. However, XP2016-009 is set to expire on October 19, 2018, and the applicant is not seeking an extension. Therefore, this one- year review does not include review of the limited term permit2. i Please note that Condition 31 contains a typographic error.It should state that"An additional 74 spaces are required off-site for 186 parking spaces total for the site...".Further,Condition 6 simply mirrors what was shown on the site plan. z During the one-year review,it was discovered that the applicant discontinued the temporary storage of vehicles at 101 Bayside Drive,specifically Audis,when the Audi dealership was relocated to Costa Mesa. It appears that Sterling BMW has been storing vehicles on the 101 Bayside Drive lot without a permit. Code Enforcement staff is working with Sterling BMW and the Dunes Resort to address the violation. Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 5 DISCUSSION Overview of Compliance Staff has not received any complaints regarding the business. Staff believes the dealership operates in conformance with all of their off-site employee parking conditions, which was the focus of the most recent approval. However, staff found that the business was not in compliance with the historical conditions of approval related to trash and outdoor storage. The following conditions of approval and operational characteristics are of particular interest and were evaluated by staff for conformance. Areas of Compliance Use of Public Right-of-Ways and Residential Streets Conditions related to use of the public right-of-way and residential streets for commercial operations were among the key concerns of the Planning Commission during the previous approval process (Conditions 4, 5 and 9). There is no evidence that any test drives, deliveries, or other business activities have occurred within residential streets, nor have any vehicles associated with the business been parked or idled in residential streets or on public property. The applicant has hired a guard to monitor the delivery entrance to prevent transport/delivery vehicles idling or parking in the public right-of-way. Location and Allocation of Parking Spaces A site visit was conducted to review the allocated parking spaces on-site for service, customer, employee (2 manager spaces), and inventory are all being used as allocated (Condition 31). Staff visually inspected the drive aisles to verify there are no obstructions (Condition 25). No issues were observed with the aforementioned conditions. Conditions 28, 29, and 30 regulate activities, types, and number of vehicles utilizing the offsite lot at 1131 Back Bay Drive. Employee vehicles were marked with a sticker and parked in the correct area of the Dunes site. No conflicts were observed or reported. Condition No. 12 relates to the availability of parking for marine/recreation related uses at the Dunes. The applicant reported that events at the Dunes typically occur on weekends, when there are very few employees working at the dealership. He stated that the employee vehicles were only required to move to another location once, and they parked at the Hyatt Regency Hotel that is adjacent to the Dunes (due to parking availability at the Dunes). 2 00 Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 6 Areas Not in Compliance Trash and Storage Staff also checked both the dealership and off-site parking site for any outdoor storage or litter issues. The applicant was found to be non-compliant with the following conditions, which are all related to trash and storage at the dealership site: Condition 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. Condition 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. Condition 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). Condition 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. Based on a site visit conducted in September of 2018, staff observed a substantial number of boxes stacked on the ground and on metal racks outside of the service building near the Promontory Point apartments. The boxes appeared to contain automotive parts. Several dumpsters without lids were observed in this same area. The trash and storage were screened from view of the public streets, but not from the adjacent apartments above. These areas were not blocking the drive aisles, and not visible from customer use areas. However, as shown in the above conditions, outdoor storage of parts and trash is not permitted in this area and all trash shall be properly enclosed and screened. Photographs of these areas are included as Attachment No. PC3. No issues related to trash or storage were observed at the off-site parking location. 9 O2 Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 7 Applicant's Statement The operator of Newport Auto Center submitted a statement (Attachment No. PC 4) that they believe they have done well complying with the use permit. He stated that they have not had any complaints of trucks parking on the street or employees parking in front of residential homes. They have worked to keep handicap parking available and they now have more than enough parking for inventory and customers on site. The applicant stated that most of the employee parking at the Dunes is utilized on weekdays, and they have arrangements with the Hyatt Regency to move vehicles when needed. Although not addressed in the written statement, the applicant verbally responded to the issues related to trash and outdoor storage stating that they have been experiencing a transition since the Audi brand vacated the site. He stated that he did not know that the dumpsters needed to be covered and enclosed, just that they should be screened from view of the street. Code Enforcement and Police Department The Code Enforcement Division reported (Attachment No. PC5) that there have no complaints since approval of the project on October 19, 2017. Staff also reached out to the Police Department to verify that no complaints had been received related to the subject properties. The Police Department verified that there have not been any relevant complaints or calls for service relating to non-compliance with any use permit conditions of approval. Conclusion Staff believes the applicant has complied with the majority of the required conditions of approval and that the operation, as approved, has not proven to be detrimental to the surrounding neighborhood. The applicant has made a concerted effort to eliminate issues regarding parking and deliveries, which were the primary areas of concern during the review process. The applicant has adequately resolved these issues. However, the applicant has not complied with conditions of approval related to trash and storage. Staff has informed the applicant of the need to properly store trash within an enclosure that includes a cover. Additionally, the applicant needs to either move the stored parts within existing buildings and/or construct additional storage structures. Staff will work with the applicant to resolve these issues in a timely manner. Staff recommends an additional one-year review be conducted by the Planning Commission to verify compliance with all conditions. Alternatives Should the Planning Commission choose to make additional changes to the Conditional Use Permit, staff can draft a resolution for review at a future noticed public hearing. 10 02 Newport Auto Center Use Permit Review Planning Commission, October 18, 2018 Page 8 Environmental Review This Conditional Use Permit review is exempt from environmental review pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the Guidelines for Implementation of the California Environmental Quality Act. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Jim Campbell Liz W tmoreland, Assistant Planner Deputy Community Development Director ATTACHMENTS PGA 206T PC 3 Site Photographs PC 4 Applicant's Statement PC 5 Code Enforcement Memo PC 6 Site Plan 11 63 V� Q� `-� �� �� �� �P ,`�O �� �� 2� �� tt2chman+ No PC I Planning Commission Resolution No 2067 13 05 39 00 Attachment No. PC 3 Site Photographs 45 LZ V� Q� `-� �� �� �� �P ,`�O �� �� �� �g LN 4 t, ,-low .1 AA- y. r: 1 i , .r T � Attachment No. PC 4 Applicant's Statement 49 ZLI- V� Q� `-� �� �� �� �P ,`�O �� �� �o From: Westmoreland, Liz Sent: Monday, October 01, 2018 9:18 AM To: Westmoreland, Liz Subject: RE: Newport Auto Center-Follow-Up Review From:Tauber,Tim [mailto:TauberT@AutoNation.Comj Sent: Wednesday, September 26, 2018 5:08 PM To: Westmoreland, Liz<LWestmoreland@newportbeachca.gov> Subject: RE: Newport Auto Center-Follow-Up Review Hi Liz, In regards to our use permit I feel that we are doing a very good job. We have had no complaints of trucks parking on the street or employees parking in front of residential homes. We have a concerted effort to keep the handicap spots available. We now have more than enough parking for inventory and customers. In regards to employee parking we have only had to remove everyone one time and had made arrangements with the Hyatt. Most of the employee parking at the Dunes is more on week days then weekends. Please let me know if there is anything else that I can help with. Best Regards, Tim 7au6er Newport Auto Center 445 E Coast Highway Newport Beach, CA 92660 Tel 949-673-0900 Fax 949-673-6079 www.newportautocenter.com taubert@autonation.com i®cAcc a BENTL.EY 61 � V� Q� `-� �� �� �� �P ,`�O �� �� �� Attachment No. PC 5 Code Enforcement Memo s3 V� Q� `-� �� �� �� �P ,`�O �� �� �� P�R�' CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT f n 100 Civic Center Drive Newport Beach,California 92660 949 6443200 C,IlpofL 6P newportbeachca.gov/community development Memorandum To: Liz Westmoreland, Assistant Planner From: Brian Contino, Acting Code Enforcement Supervisor Date: October 4, 2018 Re: 445 E Coast Highway/1131 Back Bay Drive Code Enforcement was ask to look into any complaints filed regarding 445 E. Coast Hwy and 1131 Back Bay Dr. dating back to October of 2017. After reviewing the records for both properties, Code Enforcement found that no complaints have been filed. Community Development Department V� Q� `-� �� �� �� �P ,`�O �� �� �� Attachment No. PC 6 Site Plan V� Q� `-� �� �� �� �P ,`�O �� �� �g go PAPOn-09] }}n,aommam ea Pa s.sue Prop \ RPNNO WiP a H. AukoNaton �sro �ILL , , -n, M IdlTkl�l��h 041 - - --- _ 4 EP9i PPCRC�ypgiyUMIPY E— ��p ® a^ AUTONATION { BENTYTLP EEYY NNEWPYOo BT }F mwm �� civ auaouas'are R.w bN6 � °SR'- ... rqr-r mnrt �� IH IpIED:,•[SITE PLAN 1 a.19pi < 0 �2 V� QP �P g� Attachment No. PC 5 Site Photographs 2S V� QP �P g� Dumpsters Without Lids Along `�- Entry Gate i, Ly Storage between Service and Bentley buildings ( � Outdoor Storage Along Property r Line (View Towards PCH) - AkW C� V, a' Outdoor Storage Along Property Line (View Towards Bayside Dr.) c> Tire Enclosure and Outdoor Tire Storage Along Property Line Permitted Construction of Bentley Canopy om4 1 1 1 V� QP �P gg Attachment No. PC 6 Applicant's Statement V� QP �P From: Aaron Albertson<aalbertson@cdrwest.com> Sent: Tuesday, September 24, 2019 9:13 AM To: Westmoreland, Liz Subject: RE: Porsche-Permit Application-Narrative for Temp Storage Follow Up Flag: Follow up Flag Status: Flagged Hello Liz: In response to the Cities request to remove the white tents between the buildings... We are proposing to construct a temporary storage enclosure in the same location as the existing storage enclosure along the retaining wall east retaining wall, see site plan. The proposed temporary storage enclosure will be approximately 100' x 36'. The temporary storage enclosure will be chain link fence with fabric mesh to obstruct view inside. The roof will be of water proof canvas and/or vinyl to protect the contents from water. The contents will contain trash enclosures and auto parts. The proposed temporary storage will eliminate 11 parking stalls along the east retaining wall. We have provided an revised site plan showing the addition of 11 parking stalls that were not on the original CUP site plan. With the addition of 11 inventory parking stalls, the net loss of parking due to the temporary storage is zero. Do you have the narrative for the original temp parking permit? Regards, Aaron M. Albertson, P.E., SCDP Principal Commercial Development C1>1Resources Today's Ideas. Tomorrow's Reality. 4121 Westerly Place#112 Newport Beach, CA 92660 Direct: 949.351.5325 Office: 949.610.8997 ext. 704 Fax: 949.610.8997 Email: AAlbertson(a)CDRwest.com Please check out our website and gallery of projects..., www.CDRWest.com V� QP �P Attachment No. PC 7 Code Enforcement Memo V� QP �P P�R�' CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT f n 100 Civic Center Drive Newport Beach,California 92660 949 6443200 C,IlpofL 6P newportbeachca.gov/community development Memorandum To: Liz Westmoreland, Assistant Planner From: Jonathan Munoz, Code Enforcement Trainee Date: August 28, 2019 Re: 445 E Coast Highway, 1131 Back Bay Drive, 101 Bayside Drive Code Enforcement was asked to look into any complaints filed regarding 445 E. Coast Highway, 1131 Back Bay Drive, and 101 Bayside Drive, dating back to September of 2018. After reviewing the records for these properties, Code Enforcement found that no complaints have been filed. V� QP �P Attachment No. PC 8 Site Plan V� QP �P PA2017-097 Attachment No. PC 8 - Site Plan Stantec \ RIMM]WLR -r.. •//\ \\` - �� w AukoNadon -- _-El — _-� - FA4f PACAC COhBIH]1MAY F �- � IEfBO f ¢ a,K AUTOMATION BENT LEY NNEWPPORT — Cw AMaDme ert MTIX ¢'FSITE PLAN 9PI 0 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Auto Center CUP Review (PA2017-097) O�SEW PO V`t � D cq4 FORN�P N ew o rt Auto Ce me r p Planning Review Commission 445 East Coast Highway Conditional Use Permit Review 11/21/2019 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Auto Center CUP Review (PA2017-097) 2017: CUP Approved • Authorize off-site employee parking • Allow continued dealership operations • Resolve complaints Introduction 2018 : One-Year Review of CUP • Areas of concern were resolved • New issues with trash and storage 2019 : Two-Year Review of CUP • Trash and storage issues not resolved • New issue with off-site parking agreement Community Development Department- Planning Division 2 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting -Staff Newport Auto Center CUP Review (PA2017-097) N uBElilY '1 r 'TRO O��aOa S - _iNGSON � 7L • - JY f0 Employee Parking Vicinity Map Newport Auto Center m y 9�Sr -YF Bac c d} P ;71 Community Development Department- Planning Division 3 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Auto Center CUP Review (PA2017-097) 000 Issue Area 1 L' �o��= ■ --.sue Issue : No off-site parking agreement for employee parking area Solution : Amend the CUP (z) Allocate employee parking on-site (2) Find a new feasible off-site location Community Development Department- Planning Division 4 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Mee ng - Staff Newport Auto Center CUP Review (P 17-097) Issue Area 2 Issue: Outdoor trash and storage Solution : Amend the CUP (1) Revise site plan (2) Design a trash enclosure and parts/tire storage area along the block wall Community Development Department- Planning Division Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting -Staff Newport Auto Center CUP Review (PA2017-097) R •�- rf t Issue Area 2 '1; i¢i �<y ,� ,•,•.;• ''ter , '� � �tM ' !u'�`i t lot -L" Community Development Department- Planning Division 6 Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting -Staff Newport Auto Center CUP Review (PA2017-097) Issue : Off-site inventory storage Solution : Apply for Limited Term Permit Issue • yl A ' ( T P.RI42 N Cr '. ��_ � �fB' t I � � 1 �H i$' •l�Y�tl���t i�.��.,te�P . if.i � SAR4•tt�r +.� � �(. � tom` tif�'�,"��'� ?rit`AI i4'�FI`" In i 1 Community Development Department- Planning Division Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Auto Center CUP Review (PA2017-097) Direct the Applicant to : • (1)Apply for Limited Term Permit • Off-site inventory storage • Zoning Administrator Recommended • Apply by December 21, 201g Action AND • (2) Apply for a CUP Amendment • Move employee parking • Create trash and storage enclosure • February 28, 2020 Community Development Department- Planning Division P► Planning Commission - November 21, 2019 Item No. 2a Additional Materials Presented At Meeting - Staff Newport Auto Center CUP Review (PA2017-097) • more information ■ CLizWesontact fQuestions ?. 949-644-3234 . . www.newportbeachca.govdFj 9�- O,p , M u d_ c Community Development Department- Planning Division