HomeMy WebLinkAbout2.0_Genesis Automobile Dealership Appeal_PA2023-0094
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 7, 2024
Agenda Item No. 2
SUBJECT: Genesis Automobile Dealership Appeal (PA2023-0094)
▪ Minor Use Permit
▪ Minor Site Development Review
▪ Modification Permit
▪ Tentative Parcel Map
SITE LOCATION: 320, 400, 410, 500, and 600 West Coast Highway
APPELLANT:
APPLICANT:
Maryam Parman c/o Newmeyer & Dillion, LLP
Gen Newport Beach LLC
OWNER: Russ Fluter
PLANNER: Jenny Tran, Assistant Planner
949-644-3212 or jtran@newportbeachca.gov
PROJECT SUMMARY
An appeal of the Zoning Administrator’s February 1, 2024, decision to approve a minor use
permit, minor site development review, modification permit, and tentative parcel map to
allow the demolition of the existing on-site structures, and the construction and operation of
an automobile dealership. The proposed automobile dealership consists of an
approximately 19,952-square-foot, two-story, 25-foot tall, building that includes a showroom,
sales office, storage area, electric vehicle (EV) repair area (i.e., EV Lab), and employee
areas. The dealership will involve the sale and minor repairs of EVs only. Parking is provided
within a surface parking lot and at-grade enclosed parking at the rear of the property. The
request includes a modification permit to allow up to a 6-inch encroachment of the structure
into the 5-foot rear setback. The tentative parcel map is requested to merge 11 underlying
legal lots into a single lot. Lastly, the project includes removal of two above ground utility
poles and relocation of the curb along the project frontage on West Coast Highway to allow
smoother flow of traffic from the intersection at Dover Drive.
RECOMMENDATION
1) Conduct a de novo public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 under Class 32 (In-Fill Development Projects), pursuant
to Section 15301 under Class 1 (Existing Facilities), and pursuant to Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
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3)Adopt Resolution No. PC2024-004 denying the appeal and upholding and affirming
the Zoning Administrator’s approval for a Minor Use Permit, Minor Site Development
Review, Modification Permit and Tentative Parcel Map filed as PA2023-0094
(Attachment No. PC 1).
(Intentionally left blank)
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial (CG) Commercial General
(CG) Various Office and Retail (vacant)
NORTH Single Unit Residential
Detached (RS-D)
Single-Unit
Residential (R-1) Single-unit residential
SOUTH RS-D R-1 Single-unit residential
EAST CG CG Retail Building
WEST CG CG Drive-Thru Restaurant (McDonalds)
Subject Property
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INTENTIONALLY BLANK
P
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INTRODUCTION
Project Setting
The project site is located near the intersection of West Coast Highway and Dover Drive
to the west of Lower Castaways Park in what is known as Mariners’ Mile. Mariners’ Mile
is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the
west to Dover Drive on the east. Within this area, inland properties are developed
predominantly with highway-oriented retail and neighborhood commercial services.
The project site consists of six lots (11 underlying lots) that are separately developed with
six commercial retail and services uses, many of which are currently vacant. Along this
area of West Coast Highway are retail shopping centers, restaurants, and several
automobile dealerships. The existing commercial uses along West Coast Highway consist
primarily of restaurants, retail uses, the Balboa Bay Club, and several automobile
dealerships such as Ferrari of Newport Beach, Maserati of Newport Beach, and Phillips
Auto. A McDonald’s Restaurant with drive-thru is located immediately west of the project
site and the Mariner’s Pointe commercial development is located to the east. The Cliff
Haven residential neighborhood is located north of the project site, atop a large slope.
The Bayshores private residential community is located to the south, across West Coast
Highway.
Project Description
The project includes the demolition of six existing commercial retail and service use
buildings totaling approximately 14,500 square feet and associated site improvements.
The existing buildings are one and two-story, operate separately from one another, are
situated across the site without a cohesive design, and are showing notable signs of
aging.
The proposed project includes construction of a Genesis Automobile Dealership. Genesis
specializes in EV cars and will be fully electric by 2025 and a zero-emissions brand by
2030. The 19,952-square-foot building will include a showroom with four display cars,
sales offices, a customer lounge, restrooms, a Zen Garden, landscaped atrium, parts
storage, and an EV Lab on the first floor, with additional offices, a breakroom, storage,
and restrooms at the mezzanine level. Parking will be provided via 80 surface parking
spaces. Surface parking at the rear of the building will be enclosed to reduce noise from
closing car doors and routine project operation and will connect to the fully enclosed EV
Lab for limited vehicle service.
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Operational Characteristics
Genesis will employ approximately 20 full-time employees, with approximately 15-16
employees on-site at peak periods. The proposed hours of operation for sales will be
between 9:00 a.m. and 8:00 p.m., Monday through Friday, 9:00 a.m. and 7:00 p.m. on
Saturday, and 10:00 a.m. and 6:00 p.m. on Sunday. The proposed hours of operation for
services in the EV lab will be between 8:00 a.m. and 6:00 p.m., Monday through Friday.
Limited hours of service will be provided on Saturday and no services will be provided on
Sunday. All services will be provided within the building. These hours of operation are
consistent with nearby uses including the McDonald’s Restaurant drive-thru, which is
open Sunday through Thursday 6:00 a.m. – 11:00 p.m., and Friday through Saturday 6:00
a.m. – 1:00 a.m.
Project Design
Figure 1 below depicts the proposed site plan. The building will occupy the north-eastern
corner of the property, located in a manner to reduce potential visual impacts from homes
on the slope above the site (Kings Road) and to maximize onsite circulation. The EV Lab
will be located closest to the eastern property line and will be setback from West Coast
Highway with the showroom and sales offices oriented closer to the street. The building
will range from approximately 20 feet to 25 feet in height and all rooftop mechanical
equipment will be screened from view.
Figure 1 – Proposed Site Plan
The building will be constructed with basalt grey and matte black aluminum composite
metal with a multi-panel glass frontage. The building will incorporate a modern design
with a flat, non-reflective roof. No rooftop uses are proposed. The roof overhangs the
multi-pane glass frontage of the showroom providing a depth to the structure and visual
interest while the EV Lab and enclosed parking are further setback, providing appropriate
architectural relief as viewed from the Bayshores residential community across West
Coast Highway. Parking lot light fixtures will be directed downward and will have back
shields to prevent the spill of light onto residential properties.
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Figure 2 is the front elevation of the project. This figure depicts the long project frontage
along West Coast Highway (approximately 550 feet) and shows the scale of the building
relative to the size of the site. The majority of the site will be comprised of surface parking
with the building located on the eastern side of the property adjacent to the existing
Mariner’s Pointe commercial center.
Figure 2 – Front Elevation from West Coast Highway
Figure 3 provides an up-close view of the showroom from West Coast Highway and
depicts how the showroom will be oriented towards the street with the EV Lab and
enclosed parking further setback from the street.
Figure 3 – Showroom from West Coast Highway
The site will be accessed by three driveways. The eastern driveway will provide direct
ingress-only access to the EV Lab. The main driveway, located at the center of the site,
will provide direct access for ingress and egress to the customer parking area and the
enclosed parking at the rear of the site. The driveway located at the western end of the
site will also provide access for ingress and egress directly to the customer parking area.
Onsite circulation between the driveways will be maintained by a 26-foot-wide drive aisle.
Several EV charging stations will be located onsite for inventory vehicles and vehicles
being serviced; additional EV charging stations will be provided for customer use. Limited
vehicle service will be provided in the enclosed EV Lab. The EV Lab will include eight
service bays to be used for routine EV service and will be on an appointment-only basis.
The EV Lab will be provided in a fully enclosed environment and will not include the use
of pneumatic lifts. Once service is complete, or while waiting for service, vehicles will be
parked in the enclosed parking area.
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Utility, Retaining Wall, and Drainage Improvements
The project proposes to remove two above-ground utility poles (telephone poles) located
along the eastern side of the property on the hillside.
The proposed development also includes construction of new retaining walls designed
with global and surficial slope stability analysis performed in accordance with the current
standard-of-practice including California Building Code, City of Newport Beach Municipal
Code, and a geotechnical engineer with expertise in slope stability analysis. The retaining
wall design and slope stability analysis will be reviewed by the City of Newport Beach to
ensure the design of the wall and the stability of the bluff would have at least a factor of
safety of 1.5. Additionally, site development will include constructing drainage control
systems (e.g., drain ditch and catch basins along the sloped hillside) to better direct storm
runoff, enhancing the overall slope stability and reducing the potential for long-term slope
issues of that area of the slope. Given these factors, the overall site development will
improve the stability of the lower slope area from its current state.
Lot Consolidation
The project proposes to consolidate the 11 underlying legal lots, Lots 7 through 17 of
Tract Map No. 1210, into a single lot totaling approximately 1.79 acres. The consolidation
of these lots is consistent with Section 2.51 (A Design Framework for Mariner’s Mile) of
the Mariner’s Mile Strategic Vision and Design Framework which encourages
development of multiple lots and shared access agreements in order to consolidate curb
cuts, thereby reducing potentially hazardous turning movements on and off Coast
Highway. The project will reduce the number of curb cuts, or driveways, from four to three.
Required Discretionary Approvals
Table 1 below shows the required applications for the proposed project and the purpose
for each application pursuant to the project description.
Table 1 – Required Discretionary Approvals
APPLICATION PURPOSE PROPOSED PROJECT
Minor Use Permit Permit Vehicle/Equipment Repair,
Limited
Vehicle/Equipment Repair
Limited1
Minor Site
Development Review
Permit nonresidential construction
between 10,000 and 19,999
square-feet
19,952 square-foot automobile
dealership (non-residential)
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Zoning Administrator Hearing and Decision
A noticed public hearing was held on February 1, 2024, online via Zoom. During the
hearing, the applicant provided a presentation that discussed the various components of
the project such as the site renderings, elevations, landscape plan, parking, and curb
realignment on Coast Highway. The presentation also discussed the public outreach
efforts of the applicant and the CEQA exemptions for the project. Four members of the
public spoke during the hearing with concerns related to impacts to coastal bluffs,
concerns for on-site EV battery storage, public notice procedures, and appropriateness
of CEQA exemptions. Two members of the public expressed support for the project.
Further analysis of the concerns raised by the public are included in the Response to
Appeal section of the Discussion below as well as included in the minutes from this
hearing (Attachment No. PC 2).
After considering all public comments and findings, both written and oral, the Zoning
Administrator adopted Resolution No. ZA2024-005 approving Minor Use Permit, Minor
Site Development Review, Modification Permit, and Tentative Parcel Map (PA2023-0094)
(Attachment No. PC 3).
Zoning Administrator Appeal
On February 15, 2024, Maryam Parman c/o Newmeyer & Dillion, LLP filed a timely appeal
of the Zoning Administrator’s decision citing objections towards the CEQA exemptions,
requesting further environmental review, concerns that there is no guarantee the
applicant will only sell EV cars, and that the project will create traffic impacts and a have
significant impact to nearby sensitive receptors and properties. The appeal also reiterates
the objections and concerns raised by others during the Zoning Administrator hearing
(Attachment No. PC 4).
Pursuant to Section 20.64.030(C)(3) (Conduct of Hearing), a public hearing on an appeal
is conducted “de novo,” meaning that it is a new hearing. The prior decision of the Zoning
Administrator to approve Minor Use Permit, Minor Site Development Review, Modification
Permit, and Tentative Parcel Map (PA2023-0094) has no force or effect. The Planning
Commission is not bound by the Zoning Administrator’s prior decision.
Modification Permit Allow a 10% deviation from rear
setback of 5 feet2
2-inch encroachment in rear
setback
Tentative Parcel Map Consolidate lots Merge 11 underlying lots
1. The “Vehicle/Equipment Sales, Limited” land use (excluding repair) is allowed by right without a
minor use permit.
2. The Modification Permit allows an encroachment up to 6-inches into the rear setback; however
the current design includes an encroachment of 2-inches.
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DISCUSSION
General Plan and Zoning Consistency
The property is categorized as CG (General Commercial) by the General Plan Land Use
Element, which is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs such as retail sales and services,
restaurants, personal services, vehicles rental, sales, and services, and other similar
commercial uses. The project is for an automobile dealership with automobile sales and
limited service as defined above, that will provide a retail and service use to residents and
visitors to the City.
The property is located within the CG Zoning District which is intended to provide for areas
appropriate for a wide variety of commercial activities oriented primarily to serve Citywide
or regional needs such as retail sales and services, restaurants, personal services,
vehicles rental, sales, and services, and other similar commercial uses.
The Newport Beach Municipal Code (NBMC) defines “Vehicle/Equipment Repair, limited”
as minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans,
or similar size vehicles. Examples of uses include brake adjustments and repairs;
installation of electronic equipment; servicing of cooling, electrical, fuel, and exhaust
systems; oil and lube shops; and wheel alignment and balancing. This project includes
minor repair and maintenance as defined and does not include services such as a full-
service motor vehicle repair garage, machine shop, alarms, stereos, paint shop, tire sales
and installation, towing services, or a transmission shop that would classify the
automobile service as a more intense use. Furthermore, this use is permitted in the CG
Zoning District subject to approval of a minor use permit.
The NBMC defines “Vehicle/Equipment Sales”, limited as the sale of automobiles,
including display, storage, minor maintenance, and incidental rental. It does not include
maintenance and/or repair requiring pneumatic lifts. The automobile dealership offers
luxury automobiles that are purely electric and does not include any maintenance and/or
repair services that would require pneumatic lifts. This use is permitted in the CG Zoning
District by right.
Development Standards
The property is subject to a maximum floor area to land ratio (FAR) of 0.30, or 23,400
square feet maximum1. The proposed 19,952 square feet of gross floor area of the
building results in a FAR of 0.26, which complies with the maximum 0.30 FAR limit.
Pursuant to Land Use Policy 6.19.13 (Lot Consolidation on Inland Side of Coast Highway)
of the Land Use Element of the General Plan, the FAR may be increased to 0.5 where
1 The property will consist of approximately 78,001 square feet (1.79 acres), after the merger of the
underlying 11 lots.
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parcels are consolidated to accommodate larger commercial development projects that
provide sufficient parking. A 0.5 FAR for this property would equate to a building size of
39,000 square feet. Although the project would qualify for a FAR of 0.5, an increase in
FAR is not requested. Therefore, the proposal represents approximately 52% of the
maximum development limit allowed for the site.
The building height is limited to 26 feet for a flat roof and can be increased to 35 feet in
height through a discretionary approval. The project proposes building heights ranging
from 20 to 25 feet in height with limited projections including a skylight and allowable
rooftop appurtenances. The proposed project is consistent with the building height limit
and no increase in the height limit is requested.
The automobile dealership requires a parking rate of one parking space per 1,000 square
feet of lot area. The project requires 79 parking spaces and a total of 80 parking spaces
are proposed. Parking would be provided via surface parking lots on the western side of
the site and the enclosed surface parking at the rear of the building on the eastern side
of the site. This includes 11 parking spaces for vehicle inventory/display. The project is
consistent with the City’s parking requirement and no rooftop parking is proposed.
The minimum required rear and side setback is zero feet, except when abutting residential
zoning districts. The property abuts a residential neighborhood to the rear; therefore, the
required rear setback is 5-feetfeet. The applicant requests a modification permit to allow a
minor deviation from the required 5-foot rear setback. Specifically, an approximately 15.5
feet long portion of the proposed 243-foot-long building would encroach up to 2 inches
into the required 5-foot rear setback. The majority of the building, the surface parking,
and retaining walls will not encroach into the required setback. In the middle of the
property, the setback to the rear property line will be approximately 50 feet, and along the
western portion of the site, the setback will be approximately 85 feet from the rear property
line. The 2-inch deviation to the rear setback is requested to provide a design that is more
compatible with the upslope residential uses by enclosing the parking at the rear of the
building and thereby reducing noise and visual impacts. The modification permit also
recognizes the reduced buildable lot depth that is created by the City-required 12-foot
dedication for the curb realignment along the property frontage. Detailed facts in support
of the findings necessary to support the requested modification permit are provided in
Attachment No. PC 1.
Table 2 below provides a summary of the development standards for the property. The
proposed project complies with all development standards, except for the minor
encroachment into the rear setback where the applicant is requesting a modification
permit.
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Table 2 – Development Standards
DEVELOPMENT STANDARDS
ALLOWED PROPOSED
Floor Area Ratio
(Maximum) 0.30- 0.50* 0.26
Height (Maximum) 26 feet flat roof
31 feet sloped roof 25 feet
Parking (Minimum) 1 per 1,000 SF of lot area
(79 parking spaces) 80 parking spaces
Setbacks (Minimum)
Front: 0’
Sides: 0’
Rear: 5’ (abutting residential)
Front: 0’
Sides: 0’
Rear: 4’-6” with Modification
Permit
*0.5 FAR is allowed with lot consolidation and sufficient parking on-site
Mariner’s Mile Strategic Vision and Design Framework
The Mariner’s Mile Strategic Vision & Design Framework recognizes the auto-reliant
nature of the inland easterly and westerly portions of Mariners’ Mile and provide strategies
for improved planning, design, and development standards including better quality
buildings and landscaping to fit in with Mariners’ Mile. The design strategies recognize
the economic and physical realities of “auto-reliant” land uses and seeks to improve
private development standards that will contribute to the improvement of Mariners’ Mile
as a whole. This includes quality buildings, landscaping, and signage to “fit in” with
Mariners’ Mile.
As previously discussed, the project includes high quality design features, including the
expansive use of glass and substantial architectural treatment. The project includes
approximately 4,900 square feet of new planting focused mainly in the parking area with
17 Mexican Fan Palms along West Coast Highway, nine parking lot trees, two Brisbane
Box trees at the western property line near McDonald’s, and utilizes various species of
shrub, ground cover, and green walls throughout the site to provide a high-quality
aesthetic. The proposed project had been designed consistent with the landscape
standards set forth in Section 3.0 (Landscape) of the Mariner’s Mile Strategic Vision &
Design Framework.
The Mariner’s Mile Strategic Vision & Design Framework emphasizes the need for “5-
sided architecture”, which takes into account views from properties above West Coast
Highway. The proposed design includes non-reflective materials on the roof and
screening for all rooftop equipment from above.
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Access and Queuing
There is one driveway that provides ingress only access to the site from the eastern side
of West Coast Highway and leads to the EV Lab. The driveway will be designed to ensure
proper ingress for cars being serviced in the facility and provides six spaces for vehicles
queuing into the EV Lab, and an additional 14 parking spaces to ensure vehicles can
arrive for service without creating a hazard from vehicles stacking on West Coast
Highway. This driveway will lead through the site into the enclosed surface parking at the
rear of the site.
An EV Lab Service and Vehicle Queuing technical memorandum dated January 16, 2024,
was provided by CAA Planning to address EV Lab operation and anticipated queueing
on the project site (Attachment No. PC 5). According to the memorandum, the project
includes services by appointment only to ensure that no more than four vehicles will be
arriving at the EV lab at any one time. Additionally, vehicle technicians will be on-site to
monitor the queue and direct vehicles to the enclosed parking area should the driveway
reach capacity. EVs require less maintenance compared to typical vehicles and Genesis
is able to provide software updates via wireless communication to its customers
eliminating the need to bring vehicles to the site for certain repairs. Furthermore, Genesis
offers complimentary Service Valet for up to three years or 36,000 miles for vehicle pick-
ups which will also contribute to the reduction of anticipated vehicles arriving to the EV
Lab for service. Condition of Approval No. 49 requires the applicant to revise operational
procedures should the vehicle queueing become an issue, which is not anticipated
because there are six vehicle queuing spaces for the EV Lab, and an additional 14 parking
spaces adjacent to the EV Lab.
As conditioned, the project will be prohibited from conducting any test drives of vehicles
within residential neighborhoods, including, but not limited to the Newport Heights
community. A test drive plan has been included as Attachment No. PC 6.
As conditioned, the project will also be prohibited from loading and unloading vehicles on
West Coast Highway. Vehicles will be delivered off-site and driven individually to the site
and no delivery parking will be allowed on West Coast Highway.
California Department of Transportation (Caltrans) Improvements to West Coast Highway
The project includes improvements to the Caltrans right-of-way adjacent to the site that
include realigning the curb and extending the existing lane transition area. Caltrans is
also planning to install bike lanes along this section of West Coast Highway in the future.
Therefore, as conditioned, the project is required to dedicate 12-feet of their property
along the West Coast Highway right-of-way to facilitate the proposed improvements. No
additional through lanes are being created as part of this project.
Improvements to West Coast Highway are to be constructed with the initial project
construction to the extent practicable to limit disruption to West Coast Highway. A
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condition of approval is included to require all roadway improvement plans, including but
not limited to widening, drainage, signing, striping, curb markings and other related design
items to be reviewed by the Public Works Department prior to submittal to Caltrans.
Response to Appeal
CEQA Clearance - This project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects),
pursuant to Section 15301 under Class 1 (Existing Facilities), and pursuant to Section
15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. A
detailed analysis of the CEQA exemptions is provided below in the Environmental Review
Section.
Staff clarified the appropriateness of the CEQA Exemptions for the project and the
applicant’s representative further addressed the technical studies in support of the finding
that the project was exempt from CEQA and that no special circumstances were present.
EV Only Assurances - The project is for a Genesis Automobile Dealership that specializes
in EV cars. Condition of Approval No. 14 is included that requires any changes in operational
characteristics, including changes that would add services of automobiles with internal
combustion engines, to seek an amendment to this Minor Site Development Review, Minor
Use Permit, and Modification Permit or to process a new Minor Site Development Review,
Minor Use Permit, and Modification Permit.
Traffic Concern - A Trip Generation Analysis was reviewed by the City Traffic Engineer to
determine that the net increase of 299 daily trips, which is under the threshold for a Traffic
Study. Further analysis of the traffic impacts is discussed below in the Environmental Review
Section No. 1(b).
Concerns by Others - Further, the concerns by others that were discussed during the Zoning
Administrator hearing on February 1, 2024, were addressed during the hearing and are
included in Attachment No. PC 2. The main points of discussion are as follows:
• A member of the public expressed concerns about the hillside slope and coastal bluff.
Staff determined that the property is not considered a protected coastal bluff within
the City’s Coastal Land Use Plan. Additional concerns were raised that the scope of
the project warranted elevating the review to the Planning Commission. However,
based on the scope of work and the required discretionary approvals outlined in
Table 1 above, the Zoning Administrator is the appropriate hearing authority for the
project. Condition of Approval No. 1 has been included to ensure the maximum size
of the building shall not exceed 19,999 square-feet which would require a review from
the Planning Commission.
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• A member of the public expressed safety concerns related to combustible batteries
on-site. Staff clarified that Condition of Approval No. 32 prohibits on-site storage of
EV batteries and the applicant further clarified that, during maintenance, replacement
batteries would be brought on-site as needed by appointment and old batteries would
be subsequently removed from the site.
• A member of the public expressed concerns with the lack of public noticing. Staff also
confirmed that the public noticing was provided in compliance with City’s
requirements, including mailed notices to all property owners within a 300-foot radius,
notices physically posted at the site, and publication of the notice in the Daily Pilot.
The applicant’s representative further stated that individual letters were sent via
FedEx to 26 of the residents nearest to the project on Kings Road as well as to the
Bayshores private residential community. Additionally, 121 letters were mailed via
United States Postal Service describing the proposed project and providing contact
information if anyone had questions or concerns about the project. The applicant’s
representative stated that two queries were received.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In-Fill Development Projects), pursuant to Section 15301
under Class 1 (Existing Facilities), and pursuant to Section 15303 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the
environment.
1. The Class 32 reflects a determination by the California Office of Planning and
Research (OPR) that projects that meet the Class 32 criteria will not have a significant
environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside
Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.) To apply, a project
must be an in-fill development and meet the following criteria: (1) is consistent with
the applicable General Plan designation and applicable policies, as well as applicable
zoning designations and regulations, (2) would occur on a site less than five (5) acres,
(3) the project site must have no habitat value, (4) the project would not result in
significant traffic, noise, air quality, or water quality effects, and (5) the site can be
adequately served by all required utilities and public services. The Class 32 exemption
reflects the understanding that “the majority of private projects for which a government
permit or similar entitlement is necessary are minor in scope … and hence, in the
absence of unusual circumstances, have little or no effect on the public environment.”
(Pacific Palisades Residents Association, Inc. v. City of Los Angeles (2023) 88
Cal.App.5th 1338, 1363.) If a project meets the criteria and qualifies for the Class 32
exemption, the project is categorically exempt from CEQA unless one of the
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exceptions to exemptions apply. The exemption is not limited to any use type and may
apply to residential, commercial, industrial, public facility, and/or mixed-use projects.
The project meets all of the aforementioned requirements and is exempt under Class
32, as supported by substantial evidence:
a. General Plan and Zoning Consistency: The project site is designated General
Commercial (CG) by the General Plan Land Use Element and is located within
the CG Zoning District. The CG designation provides for a wide variety of
commercial activities to serve citywide or regional needs such as retail sales
and services. The project proposes an automobile dealership that will provide
retail and minor repair services to residents and visitors to the City.
b. Less Than 5 Acres: The project includes a tentative parcel map to merge 11
lots that will total approximately 1.79 acres, which is less than five acres.
c. No Habitat Value: The project site is located in an urban area that is currently
developed with six commercial retail and service use buildings totaling
approximately 14,500 square feet and associated site improvements. Because
of the existing site’s developed nature in a highly urban environment (along
West Coast Highway), the site has no value as habitat for endangered, rare, or
threatened species (General Plan Figure NR1 [Biological Resources].) There
is no sensitive vegetation or habitat on-site. The project would not encroach
into any jurisdictional waters or areas that support native and/or sensitive
habitat. The property does not contain any wetland areas.
d. No Significant Traffic, Noise, Air Quality or Water Quality Effects: The project’s
net daily trip generation rate has been reviewed by the City’s Traffic Engineer
based on the average daily trips of the existing commercial uses on-site and
the proposed automobile dealership. The project will generate a net increase
of 299 daily trips. Pursuant to Council Policy K-3, projects that meet one of
more of the land use project screening criteria are considered to have a less
than significant impact on transportation/traffic and no further VMT analysis is
required. Pursuant to project screening threshold “v” of Council Policy K-3, the
project would result in a net increase of fewer than 300 daily trips and no
impacts related to VMT are anticipated.
The primary source of noise within the project vicinity is traffic noise from West
Coast Highway (General Plan Figures N-1, N-4 [Noise Contours].) The addition
of 299 daily trips would not significantly contribute to the existing traffic volumes
on Coast Highway such that it would increase vehicular noise. The automobile
dealership specializes in sales and repair of EVs that produce less noise than
conventional automobiles. The project has been designed with enclosed
parking at the rear of the property adjoining the residential zoning district to limit
operational noise, such as vehicle doors closing. The EV Lab itself will also be
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fully enclosed and high noise generating activities (such as use of pneumatic
lifts) are prohibited. All stationary noise sources (air conditioning, trash
enclosures) must comply with the NBMC and remain below applicable
standards. The noise generated by the project is anticipated to be consistent
with the urban environment along West Coast Highway.
As discussed above, the ultimate number of vehicles accessing the project site
would increase by 299 trips over existing conditions (i.e. net increase), where
the existing traffic volume on West Coast Highway is 45,000 average daily trips
(2023 Traffic Flow Map, Orange County Transportation Authority
https://www.octa.net/pdf/2023-ADT.pdf). That increase in trips is negligible, as
it represents roughly half a percent of the existing vehicular volumes on Coast
Highway, a high-travel corridor through the City. The project would not
contribute significantly to an increase in emissions from existing conditions.
Regarding vehicle service operations at the site, EVs eliminate tailpipe pollution
such as nitrogen oxides (NOx), carbon monoxide (CO) and hydrocarbons (HC)
because there is no combustion process. As such, air quality emissions
associated with the sale of EVs are considerably less compared to cars with
internal combustion engines. All service areas are located indoors, which
minimizes the exposure of any emissions associated with vehicle servicing.
Condition of Approval No. 14 limits the service of vehicles to EVs only, further
ensuring that the project would not generate emissions in significant quantities
such that a significant air quality impact would occur.
The project will not produce a significant effect related to water quality. The
project would not result in changes in site drainage that cannot be addressed
through standard conditions such as best management practices (BMPs) to
prevent erosion and construction pollutants from contacting stormwater. A
Water Quality Management Plan (WQMP) has been submitted and reviewed
by the City’s Geotechnical Engineer. The project site will be re-graded to collect
and treat onsite stormwater flows to the maximum extent possible. Runoff from
the proposed building roof, surface parking area, and landscape area will be
directed to onsite inlets and conveyed by the proposed storm drain system to
the Modular Wetland System (MWS) BMP for pre-treatment and treatment.
Runoff will then be conveyed to the new underground retention system prior to
discharge into the City’s storm drain system. The WQMP concludes that the
project site is located outside of areas susceptible to erosion and the
downstream channels and conveyance system will not be at risk of increased
erosion due to project site developments.
e. Utilities and Public Services: All required utilities, including sewer, water,
energy, are existing within the project site. A Water and Sewer Demand
analysis was prepared for the project and reviewed by the City’s Public Works
division. All public services, including police and fire protection, are adequate
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to accommodate the project. As conditioned and designed, the project will be
adequately served by all required utilities and public services.
2. Class 1 exempts projects involving the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former use. Specifically, 15301(c) exempts work on existing
highways and streets, sidewalks, gutters, bicycle, and pedestrian trails, and similar
facilities. The project includes improvements to West Coast Highway to realign the
curb line, extend the existing transition area, and allow for the construction of a bike
lane.
3. Class 3 exempts construction and location of limited numbers of new, small facilities
or structures. Examples of this exemption includes, but is not limited to, a store,
motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances that are, in urban areas, generally not exceeding
10,000 square feet in floor area and where public services and facilities are available
and the surrounding area is not environmentally sensitive. As discussed above, the
project site is within an urban, developed area of the City. The project is also served
by all required public facilities, the area is not environmentally sensitive, and
significant amounts of hazardous substances would not be used. The project’s
proposed buildings would exceed 10,000 square feet (at 19,952 square feet).
However, the project includes the demolition and replacement of existing commercial
retail and service use buildings totaling approximately 14,500 square feet.
Accounting for that demolition of similar uses, the project increases total square
footage on-site by approximately 5,000 square feet, well within the 10,000 square
feet identified by the Class 3 exemption. (See Walters v. City of Redondo Beach
(2016) 1 Cal.App.5th 809, 817 [an approximately 4,000 square foot car wash and
coffee shop project that was to be located in an urban area was properly found to be
exempt under Class 3 because car washes are similar to stores, motels, offices, and
restaurants in that they are commercial businesses that serve customers].) Nearly
three-quarters of the project’s total square footage is replacement square footage,
which reflects the nominal increase in daily vehicular trips associated with the project
(299) over existing conditions.
4. The exceptions to these categorical exemptions under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have
a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste
site, and is not identified as a historical resource.
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PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
SUMMARY AND ALTERNATIVES
In conclusion, the proposed project is consistent with the City’s goals and objectives of
the General Plan and Mariner’s Mile Strategic Vision and Design Framework. The
automobile dealership has been designed to complement the site and the adjacent
residential neighborhood. Staff believes the findings for approval can be made to support
the proposed project and the facts in support of the required findings are presented in the
draft Resolution (Attachment No. PC 1). The following alternatives are available to the
Planning Commission should they feel the facts are not in evidence of support for the
project application:
1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project; or
2. If the Planning Commission does not believe the facts in support of findings can
be made, the Planning Commission may deny the application request.
Prepared by: Submitted by:
____________________________
Jenny Tran, Assistant Planner
LAW/jt
Attachments: PC 1 Draft Resolution
PC 2 Zoning Administrator Minutes from February 1, 2023
PC 3 Zoning Administrator Resolution No. ZA2024-005
PC 4 Appeal Form
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PC 5 EV Lab Service and Vehicle Queueing Technical
Memorandum
PC 6 Test Drive Route
PC 7 Project Plans
PC 8 Tentative Parcel Map
20
Attachment No. PC 1
Draft Resolution
21
INTENTIONALLY BLANK
P
A
G
E
22
RESOLUTION NO. PC2024-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH UPHOLDING THE ZONING
ADMINISTRATOR’S APPROVAL OF A MINOR USE PERMIT,
MINOR SITE DEVELOPMENT REVIEW, MODIFICATION PERMIT,
AND TENTATIVE PARCEL MAP FOR A NEW TWO-STORY
AUTOMOBILE DEALERSHIP FOR GENESIS AUTOMOBILE
LOCATED AT 320, 400, 410, 500, AND 600 WEST COAST
HIGHWAY (PA2023-0094)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Gen Newport Beach, LLC (Applicant), with respect to properties
located at 320, 400, 410, 500, and 600 West Coast Highway, and legally described as Lots
7 through 17 of Tract Map No. 1210 (Property) requesting approval of a minor use permit,
minor site development review, modification permit, and tentative parcel map.
2. The Applicant requests a minor use permit, minor site development review, modification
permit, and tentative parcel map to allow the demolition of the existing on-site structures,
and the construction and operation of an automobile dealership. The proposed automobile
dealership consists of an approximately 19,952 square-foot two-story building that includes
a showroom, sales office, storage area, electric vehicle (EV) lab, and employee areas.
Parking is provided within a surface parking lot and at-grade parking structure at the rear
of the Property. The request includes a modification permit to allow a portion of the
structure to encroach 6-inches into the 5-foot rear yard setback. The tentative parcel map
is requested to merge 11 underlying legal lots into one lot. Lastly, the Project includes
improvements to the West Coast Highway right-of-way (Project).
3. The Property is designated General Commercial (CG) by the General Plan Land Use
Element and is located within the Commercial General (CG) Zoning District.
4. The Property is not located within the coastal zone.
5. A public hearing before the Zoning Administrator was scheduled on January 25, 2024,
online via Zoom. A notice of time, place and purpose of the hearing was given in
accordance with the Newport Beach Municipal Code (NBMC). The Zoning Administrator
continued the item to February 1, 2024, based on staff’s request for a continuance.
6. A public hearing before the Zoning Administrator was held on February 1, 2024, online
via Zoom. A notice of time, place, and purpose of the hearing was given in accordance
with the NBMC. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
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7. The Zoning Administrator adopted Resolution No. ZA2024-005 approving PA2023-0094
to allow a minor use permit, minor site development review, modification permit, and
tentative parcel map.
8. On February 15, 2024, Maryam Parman c/o Newmeyer & Dillion, LLP filed an appeal of
the Zoning Administrator’s decision objecting to the Project’s exemptions from the
California Environmental Quality Act (CEQA).
9. A public hearing was held by the Planning Commission on March 7, 2024, in the City
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with California
Government Code Section 54950 et seq. (Ralph M. Brown Act) and Chapter 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from CEQA pursuant to Section 15332 under Class 32 (In-Fill
Development Projects), Section 15301 under Class 1 (Existing Facilities,) Section 15303
under Class 3 (New Construction or Conversion of Small Structures), and Section 15183
(Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the
Project has no potential to have a significant effect on the environment.
2. The Class 32 exemption reflects a determination by the California Office of Planning and
Research (OPR) that projects that meet the Class 32 criteria will not have a significant
environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside
Preservation v. City of Berkeley, (2015) 60 Cal.4th 1086, 1102.) To apply, a project must
be an in-fill development and meet the following criteria: (1) is consistent with the
applicable General Plan designation and applicable policies, as well as applicable
zoning designations and regulations, (2) would occur on a site less than five acres, (3)
the project site must have no habitat value, (4) the project would not result in significant
traffic, noise, air quality, or water quality effects, and (5) the site can be adequately
served by all required utilities and public services. The Class 32 exemption reflects the
understanding that “the majority of private projects for which a government permit or
similar entitlement is necessary are minor in scope …and hence, in the absence of
unusual circumstances, have little or no effect on the public environment.” (Pacific
Palisades Residents Association, Inc. v. City of Los Angeles, (2023) 88 Cal.App.5th
1338, 1363.) If a project meets the criteria and qualifies for the Class 32 exemption, the
project is categorically exempt from CEQA unless one of the exceptions to exemptions
apply. The exemption is not limited to any use type and may apply to residential,
commercial, industrial, public facility, and/or mixed-use projects.
The Project meets all the requirements and is exempt under Class 32, as supported by
substantial evidence which is a differential standard that, when a city approves a
proposed development as consistent with its general plan, reviewing courts defer to that
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approval as an extension of the entity’s unique competence to interpret its own policies.
Id. at 1365.
a. General Plan and Zoning Consistency: The Property is designated General
Commercial (CG) by the General Plan Land Use Element. The CG designation
provides for a wide variety of commercial activities to serve citywide or regional
needs such as retail sales and services. The Project proposes an automobile
dealership that will provide retail services and uses to residents and visitors to
the City. The Property is located within the CG Zoning District, which provides for
areas appropriate for a wide variety of commercial activities oriented primarily to
citywide and regional needs, including retail sales and services.
b. Less Than 5 Acres: The Project includes a tentative parcel map to merge 11 lots
that will total approximately 1.79 acres, which is less than five acres.
c. No Habitat Value: The Property is currently developed, and the Project includes
the demolition of six existing commercial retail and service use buildings totaling
approximately 14,500 square feet and associated site improvements. Because of
the existing site’s developed nature in a highly urban environment (along West
Coast Highway), the Property has no value as habitat for endangered, rare, or
threatened species nor is it specified as a Property with Biological Resources on
General Plan Figure NR1 (Biological Resources) of the Natural Resources
Element of the General Plan. There is no sensitive vegetation or habitat on-site.
The Project would not encroach into any jurisdictional waters or areas that
support native and/or sensitive habitat. The Property does not contain any
wetland area.
d. No Significant Traffic, Noise, Air Quality or Water Quality Effects: The net daily
trip generation rate has been reviewed by the City’s Traffic Engineer based on
the average daily trips of the existing commercial uses on-site and the proposed
automobile dealership. The Project will generate a net increase of 299 daily trips.
Therefore, the Project would result in a net increase of fewer than 300 daily trips
and no impacts related to vehicle miles traveled (VMT) are anticipated based on
City Council Policy K-3.
The primary source of noise within the Property’s vicinity is traffic noise from
Coast Highway as shown on General Plan Figures N-1 and N-4 (Noise Contours)
of the Noise Element of the General Plan. The addition of 299 daily trips would
not significantly contribute volume to Coast Highway such that it would increase
vehicular noise. The automobile dealership specializes in sales and repair of EVs
that produce less noise than conventional automobiles. The Project has been
designed with enclosed parking at the rear of the Property adjoining the
residential zoning district to limit operational noise, such as vehicle doors closing.
The EV Lab itself will also be fully enclosed and high noise generating activities
(such as use of pneumatic lifts) is prohibited. All stationary noise sources (air
conditioning, trash enclosures) must comply with the NBMC and remain below
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applicable standards. The noise generated by the Project is anticipated to be
consistent with the Coast Highway urban environment.
As discussed above, the ultimate volume of vehicles accessing the Property
would be a net increase of 299 trips over existing conditions. That increase in
trips is negligible compared to existing vehicular volumes on Coast Highway, a
high-travel corridor through the city. It would not contribute significantly to an
increase in emissions from existing conditions. Moreover, as to the Project’s
service operations, compared to traditional internal combustion engines, EVs
eliminate tailpipe pollution such as nitrogen oxides (NOx), carbon monoxide (CO)
and hydrocarbons (HC) because there is no combustion process. As such, air
quality emissions associated with the sale of EVs is considerably less compared
to cars with internal combustion engines. All service areas are located indoors,
which minimize the exposure of any emissions associated with vehicle servicing.
Condition of Approval No. 14 limits the service of vehicles to EVs only, further
ensuring that the Project would not generate emissions in significant quantities
such that a significant air quality impact would occur.
The Project will not produce a significant effect related to water quality. The
Project would not result in changes in site drainage that cannot be addressed
through standard conditions such as best management practices (BMPs) to
prevent erosion and construction pollutants from contacting stormwater. A Water
Quality Management Plan (WQMP) was prepared by Commercial Development
Resources dated August 2, 2023, and reviewed by the City’s Geotechnical
Engineer. The Property will be re-graded to collect and treat onsite stormwater
flows to the maximum extent possible. Runoff from the proposed building roof,
surface parking area, and landscape area will be directed to onsite inlets and
conveyed by the proposed storm drain system to the Modular Wetland System
(MWS) BMP for pre-treatment and treatment. Runoff is then conveyed to the new
underground retention system prior to discharge into the City’s storm drain
system. The WQMP concludes that the Property is located outside of areas
susceptible to erosion and the downstream channels and conveyance system will
not be at risk of increased erosion due to the Project’s development.
e. Utilities and Public Services: All required utilities, including sewer, water, energy,
existing within the Property. A Water and Sewer Demand analysis was prepared
by Commercial Development Resources dated October 16, 2023, and reviewed
by the City’s Public Works division. All public services, including police and fire
protection, are adequate to accommodate the Project. As conditioned and
designed, the Project will be adequately served by all required utilities and public
services.
3. Class 1 exempts projects involving the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use. Specifically, Section 15301(c) exempts work on existing highways and streets,
sidewalks, gutters, bicycle, and pedestrian trails, and similar facilities. The Project includes
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improvements to West Coast Highway to realign the curb line, extend the existing transition
area, and allow for the construction of a bike lane.
4. Class 3 exempts construction and location of limited numbers of new, small facilities or
structures. Examples of this exemption includes, but is not limited to, a store, motel, office,
restaurant or similar structure not involving the use of significant amounts of hazardous
substances that are, in urban areas, generally not exceeding 10,000 square feet in floor
area and where public services and facilities are available and the surrounding area is not
environmentally sensitive.
As discussed above, the Property is within an urban, developed area of Newport Beach.
The Property is also served by all required public facilities, the area is not environmentally
sensitive, and significant amounts of hazardous substances would not be used. The
Project’s proposed buildings would exceed 10,000 square feet (at 19,952 square feet).
However, the Project includes the demolition and replacement of existing commercial retail
and service use buildings totaling approximately 14,500 square feet. Accounting for that
demolition of similar uses, the Project increases total square footage by only approximately
5,000 square feet, well within the 10,000 square feet identified by the Class 3 exemption.
(See Walters v. City of Redondo Beach, (2016) 1 Cal.App.5th 809, 817 [an approximately
4,000 square-foot car wash and coffee shop project that was to be located in an urban
area was properly found to be exempt under Class 3 because car washes are similar to
stores, motels, offices, and restaurants in that they are commercial businesses that serve
customers].) Nearly three-quarters of the Project’s total square footage is replacement
square footage, which reflects the nominal increase in daily vehicular trips associated with
the Project (299) over existing conditions.
5. The provisions of State CEQA Guidelines Section 15183 are applicable to the Project. The
Project is not subject to further environmental review pursuant to CEQA Guidelines Section
15183 because the Project does not change the underlying land use or zoning
designations of any specific parcels; and would not result in new significant impacts or a
substantial more adverse impact than addressed in 2006 General Plan Update EIR (SCH:
2006011119).
CEQA Guidelines Section 15183 provides, in relevant part:
(a) CEQA mandates that projects which are consistent with the development density
established by existing zoning, community plan, or general plan policies for which an EIR
was certified shall not require additional environmental review, except as might be
necessary to examine whether there are project-specific significant effects which are
peculiar to the project or its site. This streamlines the review of such projects and reduces
the need to prepare repetitive environmental studies.
(b) In approving a project meeting the requirements of this section, a public agency
shall limit its examination of environmental effects to those which the agency determines,
in an initial study or other analysis:
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(1) Are peculiar to the project or the parcel on which the project would be
located,
(2) Were not analyzed as significant effects in a prior EIR on the zoning action,
general plan, or community plan, with which the project is consistent,
(3) Are potentially significant off-site impacts and cumulative impacts which
were not discussed in the prior EIR prepared for the general plan, community
plan or zoning action, or
(4) Are previously identified significant effects which, as a result of substantial
new information which was not known at the time the EIR was certified, are
determined to have a more severe adverse impact than discussed in the
prior EIR.
(c) If an impact is not peculiar to the parcel or to the project, has been addressed as
a significant effect in the prior EIR, or can be substantially mitigated by the imposition of
uniformly applied development policies or standards, as contemplated by subdivision (e)
below, then an additional EIR need not be prepared for the project solely on the basis of
that impact.
(d) This section shall apply only to projects which meet the following conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan,
(B) A zoning action which zoned or designated the parcel on which the
project would be located to accommodate a particular density of
development, or
(C) A general plan of a local agency, and
(2) An EIR was certified by the lead agency for the zoning action, the community
plan, or the general plan.
As part of its decision-making process, the City is required to review and consider whether
the Project would create new significant impacts or significant impacts that would be
substantially more severe than those disclosed in the 2006 General Plan Update EIR.
Additional CEQA review is only triggered if the Project’s new significant impacts or impacts
that are more severe than those disclosed in 2006 General Plan Update EIR such that
major revisions to the EIR would be required.
In this case, the Project does not revise the land use designation, density or
development standards applicable to Mariners’ Mile. The General Plan and Zoning
designation for the Property is General Commercial (CG) which is intended to provide
for a wide variety of commercial activities oriented primarily to serve Citywide or regional
needs such as retail sales and services, restaurants, personal services, vehicles rental,
sales, and services, and other similar commercial uses. The project is for an automobile
dealership with automobile sales and limited service as defined above, that will provide
a retail and service use to residents and visitors to the City.
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The Property is located within the CG Zoning District which is intended to provide for
areas appropriate for a wide variety of commercial activities oriented primarily to serve
Citywide or regional needs such as retail sales and services, restaurants, personal
services, vehicles rental, sales, and services, and other similar commercial uses.
The Newport Beach Municipal Code (NBMC) defines “Vehicle/Equipment Repair,
limited” as minor repair of automobiles, motorcycles, recreational vehicles, or light
trucks, vans, or similar size vehicles. Examples of uses include brake adjustments and
repairs; installation of electronic equipment; servicing of cooling, electrical, fuel, and
exhaust systems; oil and lube shops; and wheel alignment and balancing. This project
includes minor repair and maintenance as defined and does not include services such
as a full-service motor vehicle repair garage, machine shop, alarms, stereos, paint shop,
tire sales and installation, towing services, or a transmission shop that would classify
the automobile service as a more intense use. Furthermore, this use is permitted in the
CG Zoning District subject to approval of a minor use permit.
The NBMC defines “Vehicle/Equipment Sales”, limited as the sale of automobiles,
including display, storage, minor maintenance, and incidental rental. It does not include
maintenance and/or repair requiring pneumatic lifts. The automobile dealership offers
luxury automobiles that are purely electric and does not include any maintenance and/or
repair services that would require pneumatic lifts. This use is permitted in the CG Zoning
District by right.
Moreover, the Project is consistent with the development density authorized for the
Property. The Project is located within Statistical Area H-4 under the Newport Beach
General Plan Land Use Element which tracks increases in density that require a General
Plan amendment. Although a General Plan amendment is not required, Statistical Area
H-4 is relevant because it accounts for the development density analyzed in the 2006
General Plan Update EIR. Currently, there is approximately 39,859 square feet available
in this Statistical Area. With the Project increasing density by approximately 5,000
square feet which is well within the development density analyzed in the 2006 General
Plan Update EIR.
The Project is consistent with the development density established by General Plan for
which the 2006 General Plan Update EIR was certified, therefore, the Project is exempt
under Section 15183.
6. The exceptions to these categorical exemptions under Section 15300.2 are not
applicable. The Property does not impact an environmental resource of hazardous or
critical concern, does not result in cumulative impacts, does not have a significant effect
on the environment due to unusual circumstances, does not damage scenic resources
within a state scenic highway, is not a hazardous waste site, and is not identified as a
historical resource.
SECTION 3. REQUIRED FINDINGS.
Minor Site Development Review
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In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. The proposed development is allowed within the subject zoning district;
Facts in Support of Finding:
1. The Property is located within the Commercial General (CG) Zoning District which is
intended to provide for areas appropriate for a wide variety of commercial activities
oriented primarily to serve Citywide or regional needs. The Project includes the
construction of a new automobile dealership, specifically categorized as
“Vehicle/Equipment Repair, limited” and “Vehicle/Equipment Sales, limited” land use.
The Vehicle/Equipment Repair, limited land use requires approval of a minor use permit
and the Vehicle/Equipment Sales, limited land use is allowed by right.
2. Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC defines
Vehicle/Equipment Repair, limited as minor repair of automobiles, motorcycles,
recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of uses
include brake adjustments and repairs; installation of electronic equipment (e.g., alarms,
stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube
shops; wheel alignment and balancing. This Project, however, includes minor repair and
maintenance as described and does not include services such as a full-service motor
vehicle repair garage, machine shop, alarms, stereo, paint shop, tire sales and
installation, towing services, or a transmission shop that would classify the automobile
dealership as a more intense land use.
3. Section 20.70.020 (Definitions of Specialized Terms and Phrases) of the NBMC defines
Vehicle/Equipment Sales, limited as the sale of automobiles, including display, storage,
minor maintenance, and incidental rental. The land use definition does not include
maintenance and/or repair requiring pneumatic lifts. The automobile dealership offers
luxury automobiles that are purely electric and does not include any maintenance and/or
repair services that would require pneumatic lifts.
4. The Property has a maximum floor area to land ratio (FAR) of 0.30. The Property consists
of 11 lots to be merged and is approximately 78,001 square feet (1.79 acres). The
Project consists of 19,952 square feet of gross floor area; therefore, the Project has a
proposed FAR of 0.26, which complies with the maximum 0.30 FAR limit.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria;
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i. Compliance with this section, the General Plan, Title 20 (Planning and Zoning) of the
NBMC, any applicable specific plan, and other applicable criteria and policies related
to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on site
and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
Section 20.30.100 (Public View Protection) of the NBMC.
Facts in Support of Finding:
1. The Property is categorized as General Commercial (CG) by the General Plan Land
Use Element, which is intended to provide for a wide variety of commercial activities
oriented primarily to serve citywide or regional needs. The Project includes the
construction of an automobile dealership that specializes in purely electric vehicles. EV
services will be provided in a fully enclosed environment. This section of West Coast
Highway includes several existing automobile dealerships. However, Genesis
Automobile will offer specialized EV cars and will provide an additional offering for the
residents of the City.
2. Land Use Policy LU 5.2.2 (Buffering Residential Areas) of the Land Use Element of the
General Plan requires that commercial uses adjoining residential neighborhoods be
designed to be compatible and minimize impacts through incorporation of landscaping,
attractive architectural treatment of elevations facing residential neighborhoods, and
location of automobile and truck access to prevent impacts on neighborhood traffic and
privacy. The building will be constructed with basalt grey and matte black aluminum
composite metal with a multi-pane glass frontage. The building will incorporate a modern
design with a flat, non-reflective roof to reduce the visual impacts on the residential
neighborhood behind the Property. The multi-pane glass frontage of the showroom will
be set back from the roof, providing visual interest, and the EV Lab and enclosed parking
are further setback, providing appropriate architectural relief as viewed from the
residential neighborhood of Bayshores across West Coast Highway. Parking lot light
fixtures will be directed downward and will have back shields to prevent the spillage of
light onto residential properties. Test drives through residential neighborhoods are
prohibited to prevent impacts on neighborhood traffic. To address privacy concerns
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related to adjacent residential areas, parking behind the building will be enclosed, and
no roof-top uses are proposed.
3. The Noise Element of the General Plan requires residential land uses and other
sensitive receptors to be protected from excessive noise from motor vehicles. One of
the major sources of traffic noise in the City is along Coast Highway which is considered
to be a major arterial roadway. The Project includes vehicle repair as classified as the
Vehicle/Equipment Repair, Limited land use of the NBMC that includes minor repair of
automobiles such as brake adjustments and repairs, installation of electronic equipment;
servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; and wheel
alignment and balancing. Full-service vehicle repair, painting services, towing services,
and transmissions shops are not offered at this location and pneumatic lifts are not
proposed which ensures the Project will not create noise impacts. The EV Lab is entirely
enclosed, which will further ensure the Project will not create noise impacts. Finally, EVs
are quieter than conventional vehicles by nature, and will not create noise impacts during
routine operation.
4. Section 2.51 (A Design Framework for Mariners’ Mile) of the Mariners’ Mile Strategic
Vision and Design Framework encourages development of multiple lots and shared
access agreements in order to consolidate curb cuts, thereby reducing potentially
hazardous turning movements on and off Coast Highway. The Project includes a
tentative parcel map to merge 11 individual underlying legal lots into a single lot which
is compatible with the Vision and Design Framework. The Project will demolish several
vacant buildings with individual uses to construct an automobile dealership across the
merged lots.
5. Section 2.71 (Land Use Considerations – Sensitivity to Existing Neighborhoods) of the
Mariners’ Mile Strategic Vision and Design Framework encourages sensitivity to the
adjacencies of the existing neighborhoods with proposed new uses and development
projects. Mitigation of potential impacts to existing residents should be considered and
may be accomplished through landscaping, equipment screening, limitations on
signage, lighting and glare spill-off, building colors, or other appropriate measures. The
maximum height of the building is 26-feet with an allowed 6-inch increase for skylights.
The roof will be a solid, non-reflective color to mitigate impacts to the residential
neighborhood located at a significantly higher grade behind the Property. All roof top
equipment will be screened from view from all five sides. Parking lot lighting will be
directed downward and will include back shields to prevent the spill of light on both up-
slope residential properties as well as those across Coast Highway.
6. Section 3.21 (Pacific Coast Highway Edge Landscape) of the Mariners’ Mile Strategic
Vision and Design Framework encourages Washington Robusta (Mexican Fan Palm) to
be planted across the entire frontage of the Property. Additionally, landscaping is
provided towards the rear of the Property along the existing sloping landscaping area
that is to remain. Prior to the issuance of building permits, a final landscape plan will be
reviewed to ensure the Project complies with Section 3.21 of the Vision and Design
Framework, incorporates non-invasive plant species and water-efficient irrigation
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designs, and complies with Caltrans standards for plantings within or near the right-of-
way.
7. The Project includes a surface parking lot with indoor and outdoor parking spaces for
customers, employees, and inventory parking. Appropriate drive aisles are provided for
cars being serviced as well as customer parking for prospective buyers. The Project has
been reviewed by the Public Works Department and conditions of approvals are
provided to ensure adequate queueing and loading space is provided on-site to prevent
any queueing or stacking of cars onto West Coast Highway.
8. An EV Lab Service and Vehicle Queuing technical memorandum dated January 16,
2024, was provided by CAA Planning that addresses concerns regarding potential
queueing into West Coast Highway. The Project includes services by appointment only
to ensure no more than four vehicles are arriving at the EV Lab at any one time.
Additionally, vehicle technicians will be on-site to monitor the queue and direct vehicles
to the enclosed parking area should the driveway reach capacity. EVs require less
maintenance compared to conventional vehicles and Genesis is able to provide software
updates via wireless communication to its customers eliminating the need to bring
vehicles to the site for certain repairs. Furthermore, Genesis offers complimentary
Service Valet for up to three years or 36,000 miles for vehicle pick-ups which will also
contribute to the reduction of anticipated vehicles arriving to the EV Lab for service. Prior
to building permit issuance, a final Queuing Analysis shall be reviewed and approved by
Public Works Department.
9. Facts in support of Finding A are hereby incorporated by reference.
10. Pursuant to Land Use Policy 6.19.13 (Lot Consolidation on Inland Side of Coast
Highway) of the Land Use Element of the General Plan, the FAR may be increased to
0.5 where parcels are consolidated to accommodate larger commercial development
projects that provide sufficient parking. The Project proposes sufficient parking and is
compliant with the current FAR of 0.3 as the proposed FAR is 0.26. While the Project
includes lot consolidation, an increase in FAR to 0.5 is not proposed.
11. Pursuant to Section 20.30.100 (Public View Protection), the nearest public viewpoint is
approximately 1,300 feet away at Castaways Park and the Project is not expected to
obstruct this public viewpoint, or any other public viewpoint.
12. The Property is not located within a specific plan area.
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development.
Facts in Support of Finding:
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1. Facts 4 and 8 in support of Finding B are hereby incorporated by reference.
2. A test drive route was provided by the Applicant to ensure that all test driving will occur
on West Coast Highway. Additionally, a condition of approval is included to ensure that
no test driving will occur in residential neighborhoods.
3. The Project will be conditioned to ensure that new vehicles are driven individually to the
Property and will not be delivered via car hauler on West Coast Highway. Any other
delivery vehicles would be required to stage within the project site (e.g. FedEx, UPS,
etc.).
4. The Applicant has submitted a Fire Master Plan which has been reviewed and
preliminarily approved by the Life and Safety Division (Fire Department). The plans have
been reviewed to ensure adequate access to fire hydrants, hose pull, and building
coverage is provided and any changes shall be reviewed and approved by the Fire
Department.
5. The Project has been designed to enclose the parking areas nearest residential uses
and does not propose roof-top parking or other roof-top uses beyond mechanical
equipment that will be screened.
6. As part of the development, the power lines behind the Property will be eliminated.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permit –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
D. The use is consistent with the General Plan and any specific plan;
Facts in Support of Finding:
1. Facts 1-3 in support of Finding B are hereby incorporated by reference.
2. The Property is not located within a Specific Plan area.
Finding:
E. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
Facts in Support of Finding:
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1. Facts in support of Finding A are hereby incorporated by reference.
2. Section 20.30.120(D) (Solid Waste and Recyclable Materials Storage – Nonresidential
Projects) of the NBMC requires 96 square feet of storage area for refuse and recycling
for up to 25,000 square feet of structure. The total square footage of the proposed
structure is 19,952 square feet. The Project proposes 142 square feet of storage area
for refuse and recycling in compliance with this requirement. The trash enclosure is
situated in the middle of the Property near the entrance to the enclosed parking and
away from residential uses.
Finding:
F. 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. Fact 2, 5, and 6 in support of Finding B are hereby incorporated by reference.
2. The EV Lab will be approximately 2,500 square feet within the total 19,952 square-foot
building and will include eight service areas, a storage room for parts, a general storage
room, and employee areas. The EV services will be conducted in a fully enclosed
building and will not use pneumatic lifts or other heavy repair equipment such as
bodywork or painting. Additionally, EV batteries will not be stored on-site, but will rather
be brought to the site on an as-needed basis with corresponding appointments for
battery replacement. A condition of approval is included to ensure that no batteries are
to be stored on-site and any future changes to the operational characteristics to propose
on-site storage of batteries must be reviewed by the Fire Department.
3. The existing uses along West Coast Highway consist of several automobile dealerships
and the project proposes similar hours of operation as these existing automobile
dealerships and other retail and service uses along Mariners’ Mile. The proposed hours
of operation for sales will be between 9:00 a.m. and 8:00 p.m., Monday through Friday,
between 9:00 a.m. and 7:00 p.m. on Saturday, and between 10:00 a.m. and 6:00 p.m.
on Sunday. The proposed hours of operation for services in the EV Lab will be between
8:00 a.m. and 6:00 p.m., Monday through Friday. Limited hours of service will be
provided on Saturday and no services will be provided on Sunday. The adjacent
McDonald’s Restaurant drive thru is open 6:00 a.m. to 11:00 PM Sunday through
Thursday and 6:00 a.m. to 1:00 a.m. Friday and Saturday.
Finding:
G. 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:
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1. The Project includes a tentative parcel map to merge 11 lots that will total approximately
1.79 acres and provide adequate space for the automobile dealership including all
required parking spaces.
2. The Project has been reviewed by the City’s Fire, Public Works, and Building
Departments. Adequate public and emergency vehicle access, public services, and
utilities are provided to the Property.
3. Fact 8 in support of Finding B is hereby incorporated by reference.
4. Facts 2 and 3 in support of Finding F are hereby incorporated by reference.
Finding:
H. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
or persons residing or working in the neighborhood of the proposed use;
Facts in Support of Finding:
1. The Project has been reviewed by all relevant City Divisions and 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 in parking
areas, sidewalks, and areas surrounding the Property and adjacent properties during
business hours, if directly related to the patrons of the establishment.
2. The Project has been designed to be harmonious with persons residing or working in
the neighborhood by enclosing the parking area behind the building and enclosing the
EV Lab to ensure that project operations (e.g., parking cars, opening and closing of car
doors, employee conversations, etc.) area not detrimental to said persons. Additionally,
the Project does not propose roof-top parking or any other roof-top uses which might
generate noise or privacy concerns.
3. Facts in support of Finding C are hereby incorporated by reference.
Modification Permit
In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
I. The requested modification will be compatible with existing development in the
neighborhood;
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Facts in Support of Finding:
1. The Property requires a 5-foot rear setback when the property is adjacent to residential
zoning districts. The Zoning District to the rear of the property is within the R-1 (Single-
Unit Residential Zoning District). The Project requests a modification permit to allow a
10%, or 6-inch, deviation from the required setback. The request does not include an
encroachment within an alley setback or bluff setback, which are not allowed pursuant
to Section 20.52.050(2)(a) (Modification Permits – Setback Modifications) of the NBMC.
2. The residential neighborhood adjacent to the rear of the Property is located at a
substantially higher grade where the rear yard of these residential developments are
approximately 30-40 feet above the elevation of the Property. The height of the
proposed structure is 26-feet with a flat roof and is not expected to obstruct or impede
on any views for the residential neighborhood above.
3. The Property is also adjacent to the shopping center located at 100 West Coast Highway
to the east that is constructed within the five-foot rear setback along the rear property
line. The proposed structure will only encroach 6-inches into the required setback and
will maintain 4-feet 6-inches from the rear property line, which is greater than 100 West
Coast Highway, which was constructed with a 0-foot setback.
Finding:
J. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use;
Facts in Support of Finding:
1. The Property is located in the CG Zoning District. The Project is designed with an
automobile dealership, surface parking for employees, customers, and inventory
vehicles, and landscaping. The Property also has existing landscaping on a hillside
slope that is to remain. The Project proposes new landscaping along the street frontage
of Coast Highway that is compatible with the Mariners’ Mile Strategic Vision and Design
Framework to maintain and improve the visual aesthetic of Mariners’ Mile.
2. The Property is a long shallow lot that is approximately 140-feet in depth. Additionally,
the Caltrans initiated improvements to West Coast Highway will require the curb line to
be relocated and the depth of the property will be reduced by 12-feet. The 6-inch
encroachment in the rear setback is negligible in size compared to the 12-foot reduction
at the front of the Property and will allow the proposed building to have additional space
to fit within the confines of the Property after the reduction in lot depth.
3. The Property is a shallow lot and the reduction in lot size after realigning the curb line
will create a physical hardship in constructing the building with adequate space to
accommodate the parking of vehicles as well as provide adequate drive aisles for cars
to be serviced. The 6-inch encroachment allows the EV Lab parking to be enclosed,
designed with adequate parking spaces, as well as a 26-foot drive aisle as required by
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Table 3-13 (Standard Vehicle Space Requirements) of Section 20.40.070(C)
(Development Standards for Parking Areas – Parking Space and Lot Dimensions) of the
NBMC.
4. The requested 6-inch encroachment is for the dealership building that extends across
approximately one-third of the site. Approximately two-thirds of the site will not exceed
the required setback. In the middle of the Property, the setback to the rear property line
will be approximately 50-feet, and along the western portion of the site the setback will
be approximately 85-feet from the rear property line.
Finding:
K. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code;
Facts in Support of Finding:
1. Section 20.30.110 (Setback Regulations and Exceptions) of the NBMC establishes
setback standards to ensure the provision of open areas around structures for various
reasons such as safety, privacy, and separation of incompatible uses. The Property is
in the CG Zoning District where the rear setback would be zero feet unless the Property
is abutting a residential zoning district; and in this instance would require a 5-foot
setback. The purpose and intent of this 5-foot rear setback would be to separate
commercial uses from the nearby residential uses. However, the commercial properties
along Coast Highway are separated from this residential neighborhood by a substantial
grade difference (30 to 40 feet) with sloping hillside landscaping.
2. Facts 2 and 3 in support of Finding J is hereby incorporated by reference.
Finding:
L. There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public; and
Facts in Support of Finding:
1. The automobile dealership requires a parking rate of one parking space per 1,000
square feet of lot area. The property requires 79 parking spaces, and the Project
proposes a total of 80 parking spaces with a combination of indoor and outdoor surface
parking spaces. The proposed drive aisle within the facility is also required to ensure
proper ingress/egress for cars being serviced in the facility and to allow for areas for
vehicles to queue and park on-site without creating a detriment from cars stacking on
Coast Highway.
2. The area where the structure encroaches 6-inches into the rear setback is enclosed
parking, which is proposed to increase compatibility with the up-slope residential
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properties. An alternative design is not possible while still providing the same level of
compatibility.
3. Fact 8 in support of Finding B is hereby incorporated by reference.
Finding:
M. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The 6-inch encroachment into the rear setback will not result in a change of density to
the Property nor will it allow for an intensity in proposed use that is inconsistent with the
provisions of the Zoning Code.
2. The CG Zoning Designation allows 0.30 FAR and the automobile dealership proposes
0.26 FAR and adequate parking will be provided as required. The automobile dealership
will be distanced from the residential neighborhood above by the existing hillside
landscaping. The grade difference and the limited services provided in the enclosed EV
Lab are not expected to create a noise detriment to the residential neighborhood above
as compared to a typical general vehicle repair service station that is not enclosed and
that has more intense vehicle service.
3. Compliance with Title 20 (Planning and Zoning) of the NBMC and the attached
conditions of approval are required and will further ensure that the proposed use will not
be detrimental to the occupants of the Property, nearby properties, the neighborhood,
or the City.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
N. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code;
Facts in Support of Finding:
1. Facts 1-3 in support of Finding B are hereby incorporated by reference.
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2. The Project proposes to merge 11 lots into one single contiguous lot. The tentative
parcel map will not constitute a division of land or create any new lots.
3. The Property is not located within a specific plan area.
Finding:
O. That the site is physically suitable for the type and density of development;
Facts in Support of Finding:
1. The Property was previously developed with six separate structures for various
commercial retail and service uses. The proposed Project will be developed as a single
commercial use with surface parking areas that will further reduce the amount of
potentially hazardous turning movements on and off West Coast Highway.
2. The Property is accessible from West Coast Highway.
Finding:
P. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report;
Facts in Support of Finding:
1. The Property is located within an existing commercial area that does not contain any
sensitive vegetation or habitat on-site.
2. The Project is exempt from CEQA pursuant to Section 15332 under Class 32 (In-Fill
Development Projects), Section 15301 under Class 1 (Existing Facilities), and Section
15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines. Section 2 of this Resolution is hereby incorporated by reference.
Finding:
Q. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
Facts in Support of Finding:
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1. The tentative parcel map is to merge 11 lots into one contiguous lot. All improvements
associated with the Project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per NBMC Section 19.28.010 (General Improvement
Requirements) of the Subdivision Map Act. All ordinances of the City and all Conditions
of Approval will be complied with.
2. Fact 2 in support of Finding N is hereby incorporated by reference.
Finding:
R. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision;
Facts in Support of Finding:
1. The Public Works Department has reviewed the proposed Tentative Parcel Map and
has determined that the design of the development will not conflict with easements
acquired by the public at large, for access through, or use of property within the
proposed development.
2. The Project includes a request to encroach 6 inches in the 5-foot rear setback area
which includes the 5-foot Southern California Edison easement located in the rear of the
property. A condition of approval is included to require the Applicant to receive approval
for the encroachment from the easement holder.
Finding:
S. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land;
Facts in Support of Finding:
1. The Property is not subject to the Williamson Act because the property is not designated
as an agricultural preserve and is less than 100 acres in area.
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2. The Property is in the CG Zoning District, which is intended for commercial uses. The
CG Zoning District is not intended for residential development that is incidental to
commercial agricultural uses.
Finding:
T. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to be
included within the land project; and (2) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area;
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this Project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the project site does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
Finding:
U. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act;
Fact in Support of Finding:
1. The tentative parcel map and automobile dealership are subject to Title 24 of the
California Building Code which requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The City’s Building
Division enforces Title 24 compliance through the plan check and inspection process.
Finding:
V. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources;
Fact in Support of Finding:
1. The proposed Project is an automobile dealership consistent with the CG Zoning District
for commercial uses. The Property does not allow for residential uses nor is it identified
as a housing opportunity site in the Housing Element of the General Plan. The demolition
of the existing structures on-site does not include the demolition of any residential
structures.
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Finding:
W. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board; and
Fact in Support of Finding:
1. A condition of approval is included to require new sewer laterals and cleanouts to be
installed per City Standard 406 and for sewer cleanouts to be placed adjacent to the
property line within the public right-of-way.
Finding:
X. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The Property is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15332 under Class 32 (In-Fill Development Projects), Section 15301 under Class 1
(Existing Facilities), Section 15303 under Class 3 (New Construction or Conversion of
Small Structures), and Section 15183 under Class 1 (Projects Consistent with a
Community Plan, General Plan, or Zoning) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby upholds the Zoning
Administrator’s approval of a Minor Use Permit, Minor Site Development Review,
Modification Permit, and Tentative Parcel Map (PA2023-0094), subject to the conditions
set forth in Exhibit A, which is attached hereto and incorporated by reference.
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 Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
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PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF MARCH, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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). The structure shall not exceed 19,999
square feet without subsequent review by the Planning Division and, potentially, an
amendment to this Site Development Review or a new site development review.
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Minor Site
Development Review, Minor Use Permit, Modification Permit, and Tentative Parcel Map.
4. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
5. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
6. Prior to the issuance of building permits, a Traffic Fair Share Fee for the change in use
to the automobile dealership shall be paid in accordance with the fee effective at the
time of payment.
7. Test driving of vehicles shall be prohibited on all residential and local streets, including but
not limited to, the streets in the Newport Heights and Cliff Haven communities.
8. Vehicle service shall be performed entirely within the designated service areas of the
building. No vehicle service or repair shall take place in any designated parking space,
drive aisle, or outdoor area.
9. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside.
10. Full-sized vehicles shall not be stored or displayed in parking spaces such that they extend
into traffic aisles.
11. The Applicant shall receive approval for any encroachments in the Southern California
Edison utilities easement from the easement holder.
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12. The hours of operation for vehicle service shall be limited to between 8 a.m. and 6 p.m.,
Monday through Saturday. No vehicle service shall occur on Sundays.
13. This Minor Site Development Review, Minor Use Permit, Modification Permit, and
Tentative Parcel Map may be modified or revoked by the Zoning Administrator if
determined 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.
14. Any change in operational characteristics, including changes that would add service of
automobiles with internal combustion engines, expansion in area, or other modification
to the approved plans, shall require an amendment to this Minor Site Development
Review, Minor Use Permit, and Modification Permit or the processing of a new Minor
Site Development Review, Minor Use Permit, and Modification Permit.
15. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
16. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division. No invasive species shall be permitted, and the plans
shall comply with the Mariners’ Mile Strategic Vision and Design Framework to the
extent feasible.
17. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
18. 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
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
19. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) 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:
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Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
20. 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise-generating construction activities are not allowed on Sundays or Holidays.
22. No outside paging system shall be utilized in conjunction with this establishment.
23. 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.
24. 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.
25. 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.
26. 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
Division. 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).
27. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit. All deliveries shall be accommodated onsite and no delivery staging is permitted
within the Coast Highway right-of-way.
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28. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
29. 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.
30. 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 Genesis Automobile Dealership including, but not limited to, a minor site
development review, minor use permit, modification permit, and tentative parcel
map (PA2023-0094). 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.
Fire Department
31. Automatic fire sprinklers shall be required for all new construction. The sprinkler system
shall be monitored by a UL certified alarm service company.
32. Batteries for electric vehicles shall not be stored on-site. Any changes to the operational
characteristics that would require batteries to be stored on-site must be reviewed and
approved by the Fire Department.
Building Division
33. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
34. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
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Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the top 6-
inch surface layer, subject to review/discretion of the geotechnical engineer.
35. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
36. Prior to issuance of building permit, the Applicant shall identify the occupancies of the
building and provide occupancy separation or analysis as non-separated occupancy.
37. Prior to issuance of building permit, the Applicant shall provide the required number of
accessible EV parking separate from accessible parking.
38. Prior to issuance of building permit, the Applicant shall provide the accessible route from
outdoor parking and the public right-of-way to the building.
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39. Prior to issuance of building permit, the Applicant shall provide the required number of
accessible outdoor and indoor parking.
40. Prior to issuance of building permit, the Applicant shall provide ventilation for enclosed
parking garage.
41. Prior to issuance of building permit, the Applicant shall provide detectable warning in
compliance with Section 11B-247 of the 2022 California Building Code. Detectable
warning cannot be on the drive aisle and door maneuvering clearance.
42. Prior to issuance of building permit, the Applicant shall provide, an egress court in
compliance with Section 1029 of the 2022 California Building Code.
43. Prior to issuance of building permit, the Applicant shall provide curb ramps on the
exterior change in elevation towards the building.
Public Works Department
44. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
45. An encroachment permit shall be required for all work activities within the public right-
of-way on City Facilities.
46. A Caltrans encroachment permit is required for all work within Caltrans right-of- way.
47. Prior to building permit issuance, the final Parking Management Plan shall be reviewed
and approved by the Community Development Director and City Traffic Engineer,
including the operation of the proposed tandem parking.
48. Parking layout shall comply with the City Parking Lot Standard 805. Dead-end drive
aisle in public areas and/or unassigned parking areas shall provide a dedicated turn
around space and minimum 5-foot drive aisle extension.
49. Loading and unloading of vehicles shall occur entirely on-site and shall be prohibited
from loading and unloading within the West Coast Highway public right-of-way.
50. Vehicles waiting for service shall be prohibited from encroaching into the public right-
of-way, including the sidewalk area. Vehicle queueing shall be monitored at all times.
Applicant shall implement operation defined in Genesis-EV Lab Service and Vehicle
Queueing Memorandum dated January 16, 2024, to ensure queue does not impact the
public right-of-way including the sidewalk and Coast Highway areas. Should vehicle
queueing become an issue, as determined by the City, Applicant shall propose new
operation procedures to the Community Development Director and City Traffic
Engineer for review and approval. Applicant shall implement the revised operation
immediately upon approval.
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51. The Applicant shall provide a full 12-foot-wide dedication along West Coast Highway
right-of-way in fee to the City of Newport Beach. The Applicant shall be responsible to
design and construct the full width curb relocation on West Coast Highway along the
entire property frontage per the Preliminary Striping Plan. The Applicant shall also be
responsible to design and construct the transitions on the adjacent property frontages
as required (which shall be the minimum feasible length required to achieve the
conceptual design depicted in the Preliminary Striping Plan). The Applicant will be
responsible for 100% of the cost of the curb relocation along the project frontage and
transition at adjacent property frontages. Plans shall be reviewed and approved by the
City of Newport Beach and Caltrans. The City will support the Applicant in acquiring all
necessary permits from Caltrans and construction access from neighboring properties.
The curb relocation improvements shall be constructed with the initial project
construction to the extent practicable to limit disruption to West Coast Highway. The
Applicant may also work with Caltrans, for Caltrans to physically construct the curb
relocation plans, at the Applicant’s expense, if so agreed by Caltrans.
52. Prior to the recordation of the final parcel map, the Applicant shall provide separate
performance improvement bond and labor/materials improvement bond in the form and
amount acceptable to the Public Works Director and City Attorney for 100% of the
estimated improvement costs, as prepared by a Registered Civil Engineer and
approved by the Public Works Director, for each of the following, but not limited to,
street improvements, monuments, sidewalk, striping, signage, street lights, sewer
systems, water systems, storm drain and water quality management systems, erosion
control, landscaping and irrigation in the public right-of-way.
53. A parcel map (Map) shall be recorded prior to the issuance of building permit for new
construction. The Map shall be prepared on the California coordinate system (NAD83).
Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital- graphic file of said map
in a manner described in Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to
be submitted to the City of Newport Beach shall comply with the City’s CADD
Standards. Scanned images will not be accepted.
54. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the City Engineer. Monuments shall be protected in place if
installed prior to completion of construction project.
55. All unused water services shall be abandoned at the water main.
56. All unused sewer laterals to be abandoned shall be capped at the property line. If the
sewer lateral to be abandoned has an existing cleanout, abandonment shall include
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removal of the cleanout riser, the “4TT” box and “wye”. Sewer laterals shall then be
capped where the “wye” used to be.
57. New sewer laterals and cleanouts shall be installed per City Standard 406 and sewer
cleanouts shall be placed adjacent to the property line within the public right-of-way.
58. The Applicant is responsible for all improvements to the City’s water and sewer
systems necessary to accommodate the proposed Project.
59. Caltrans is scheduled to repave West Coast Highway in Spring 2024 and any repaved
trenching or damage to West Coast Highway as part of the proposed project will require
street repair per the City’s Moratorium Roadway Trench Resurfacing Standard 106-D.
60. Parking along the project frontage of West Coast Highway shall be prohibited. No
vehicles shall be parked, staged, stored or placed in the public right-of-way for any
duration of time. Vehicle deliveries are prohibited within public right-of-way.
61. Prior to submittal to Caltrans, roadway improvements plans, including, but not limited
to, widening, drainage, signing, striping, curb markings and other related design items
shall be reviewed by the Public Works Department. Applicant shall make revisions
noted by the Public Works Department and resubmit prior to submittal to Caltrans.
62. Remove and required replacement of existing City trees along West Coast Highway is
subject to further review and approval by the City Arborist.
63. Final design of the realigned City water main along the entire West Coast Highway
project frontage is subject to final approval by the Public Works and Utilities
Departments. Project is responsible for the cost and installation of the new water main.
64. All Project driveways shall comply with the City Sight Distance Standard 105. All
structures and landscaping shall comply with the height restrictions within the limited
use area.
65. Final construction management plan shall be reviewed and approved by the City Traffic
Engineer and Community Development Director prior to building permit issuance.
Locations of construction fencing, and gates shall not impact the line of sight per City
Standard. Final construction schedule shall be provided as part of the final construction
management plan.
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Attachment No. PC 2
Zoning Administrator Minutes from
February 1, 2024
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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, FEBRUARY 1, 2024 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Jenny Tran, Assistant Planner II. REQUEST FOR CONTINUANCES
None III. APPROVAL OF MINUTES Action: Minutes will not be heard at this meeting.
IV. PUBLIC HEARING ITEMS ITEM NO. 1 Genesis Automobile Minor Use Permit, Minor Site Development Review, Modification Permit and Tentative Parcel Map (PA2023-0094) Site Location: 320, 400, 410, 500, and 600 West Coast Highway Council District 2
Jenny Tran, Assistant Planner, used a presentation to review the project location and description, applicant’s
requests, curb realignment, site plan, floor area ratio, roofing, setbacks, encroachment, parking rate, auto reliant strip of Mariner’s Mile, landscape plan, lot consolidation, specialization in EV cars, parking, test driving,
conditions of approval, and allowed property use concerns. She relayed that staff recommended the project be approved.
Prior to opening the public hearing, Zoning Administrator Zdeba referenced written correspondence and stated
the City makes every effort to accommodate in-person hearing requests; however, given the short notice of this request, the City was unable to provide accommodations at City Hall to allow equal access for both in-
person attendees and virtual participants.
Zoning Administrator Zdeba opened the public hearing.
Shawna Schaffner, CEO of CAA Planning representing the applicant, used a presentation to review the project site, description, site plan, components, rendering, site elevation, landscape plan, parking, and curb relocation.
She relayed the property use concerns, comparisons to the design for a previous project, public outreach, CEQA exemptions, and project impacts, and agreed to the conditions of approval. In response to Zoning Administrator Zdeba’s inquiry, Ms. Schaffner confirmed that the trash enclosure will be
covered consistent with the City’s requirement. She used the site plan to explain how the tandem inventory parking will work and explained why the surface parking was not covered. She also expressed acceptance with
a possible condition of approval to limit service hours. Zoning Administrator Zdeba opened the public hearing.
One member of the public, Jim Mosher thought the matter should be referred to the Planning Commission because of the project square footage and commented on the hillside slope and coastal bluff references,
grading, preservation area, and repair facility operations. One member of the public, Mark Anelli, expressed concern for safety measures to contain combustible batteries.
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Another member of the public, Maryam Parman requested a continuance of the hearing due to lack of notice, objected to a virtual meeting, questioned if traffic and noise studies have been completed to address CEQA exemptions, and did not support the project.
One member of the public, Constance Esposito questioned the current height of the existing buildings, expressed support for the project, and questioned how soon the existing buildings can be demolished. A member of the public, Francis Tran inquired about the current phase of the project and expressed a concern about lack of public noticing.
Russ Fluter, a member of the public and owner of the property, emphasized the distinction between the current project and the previous Porsche project. He encouraged support for the proposed project.
Prior to closing the public hearing, Zoning Administrator Zdeba requested that Assistant Planner Tran and Ms. Schaffner address the comments made.
Assistant Planner Tran stated that no battery storage will be allowed on site per Condition of Approval No. 30 and the Fire Department would need to approve any changes. She clarified the CEQA exemption Class 1 and that no traffic study is required for this project based on the trip generation analysis. Lastly, she outlined the
steps and potential timeline for the demolition of the building.
Ms. Schaffner confirmed that no batteries will be stored on site. She added that noticing regarding the hearing was provided per the City’s requirements and beyond with additional notice being provided by the applicant,
clarified CEQA exemptions Class 1 and 32, and thought the categories for CEQA exemptions are met and well established and there is substantial evidence in the record that the CEQA exemption applies here.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba requested that City Traffic Engineer Brad Sommers briefly share about his review
of the proposed project. He noted that the project does not meet the criteria for a further traffic study under the City’s Traffic Phasing Ordinance, and recognized concerns for a challenging area along the heavily traveled
Coast Highway, but reviewed the project’s efforts to improve the efficiency, safety, and queuing process.
Zoning Administrator Zdeba stated that, should the project be approved, he will include that Condition of Approval No. 1 be revised to indicate an initial building maximum of 19,999 square feet, in alignment with the
threshold allowing for a minor site development review.
In response to Zoning Administrator Zdeba’s question, Assistant Planner Tran confirmed that the project design is intended to maintain the hillside area to the west of the property to limit the amount of grading, the hearing
was noticed in accordance with the Newport Beach Municipal Code, as well as three notices posted at the site and another in the Daily Pilot, the CEQA exemption Class 1 addresses the improvement to Coast Highway/curb
realignment and CEQA exemption Class 32 addresses the automobile dealership, and water quality was addressed through the preparation of a water quality management plan (WQMP).
Zoning Administrator Zdeba requested Assistant Planner Tran work with the applicant to identify a condition of approval to establish limitations on the operational service hours.
He recognized the project as a smaller boutique dealership given its limited on-site inventory and smaller footprint, discussed the intended zoning uses for the property, the appropriateness of the minor site
development review, the project’s alignment with the General Plan goals and Mariner’s Mile Strategic Vision and Design Framework, the current degrading site condition and redevelopment benefits, facts to support the required findings, that the CEQA exemptions are substantiated in the resolution with supportive studies. Lastly, he emphasized that the project’s compliance and compatibility are important stating that the application was
reviewed by multiple City departments that each provided conditions of approval to ensure a quality project that is harmonious with the surrounding area. Action: Approved as amended
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V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None VI. ADJOURNMENT The hearing was adjourned at 10:57 a.m.
The agenda for the Zoning Administrator Hearing was posted on January 25, 2024, at 3:35 p.m. on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City’s website on January 25, 2024, at 3:31 p.m.
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Attachment No. PC 3
Zoning Administrator Resolution
No. ZA2024-005
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RESOLUTION NO. ZA2024-005
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A MINOR USE
PERMIT, MINOR SITE DEVELOPMENT REVIEW, MODIFICATION
PERMIT, AND TENTATIVE PARCEL MAP FOR A NEW TWO-
STORY AUTOMOBILE DEALERSHIP FOR GENESIS
AUTOMOBILE LOCATED AT 320, 400, 410, 500, AND 600 WEST
COAST HIGHWAY (PA2023-0094)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Gen Newport Beach, LLC, with respect to properties located at
320, 400, 410, 500, and 600 West Coast Highway, and legally described as Lots 7 through
17 of Tract Map No. 1210 requesting approval of a Minor Use Permit, Minor Site
Development Review, Modification Permit, and Tentative Parcel Map.
2. The applicant requests a minor use permit, minor site development review, modification
permit, and tentative parcel map to allow the demolition of the existing on-site structures,
and the construction and operation of an automobile dealership. The proposed automobile
dealership consists of an approximately 19,952 square foot two-story building that includes
a showroom, sales office, storage area, electric vehicle (EV) lab, and employee areas.
Parking is provided within a surface parking lot and at-grade parking structure at the rear
of the property. The request includes a modification permit to allow a portion of the structure
to encroach 6-inches into the 5-foot rear yard setback. The tentative parcel map is
requested to merge 11 underlying legal lots into one lot. Lastly, the project includes
improvements to the West Coast Highway right-of-way.
3. The subject property is designated General Commercial (CG) by the General Plan Land
Use Element and is located within the Commercial General (CG) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was scheduled on January 25, 2024, online via Zoom. A notice of time,
place and purpose of the hearing was given in accordance with the Newport Beach
Municipal Code (NBMC). The Zoning Administrator continued the item to the meeting of
February 1, 2024, based on staff’s request for a continuance.
6. A public hearing was held on February 1, 2024, online via Zoom. 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 Zoning Administrator at this hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In-Fill Development Projects) and under Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. Class 32 exempts projects which are consistent with the applicable General Plan
designation and applicable policies, as well as applicable zoning designations and
regulations. The development must occur within city limits on a project site of no more
than five acres substantially surround by urban uses. The project includes the demolition
of existing on-site structures and construction of a new automobile dealership featuring
electric vehicles (EVs). The site has no value as habitat for endangered, rare, or
threatened species. The site is developed with six one and two-story buildings with
paved surface parking lots. The project also includes a tentative parcel map to merge
11 lots that will total approximately 1.79 acres, which is less than five acres.
3. To qualify for the Class 32 exemption, the project cannot result in any significant effects
relating to traffic, noise, air quality, or water quality. The net daily trip generation rate
has been reviewed by the City’s Traffic Engineer based on the average daily trips of the
existing commercial uses on-site and the proposed automobile dealership. The project
will generate a net increase of 299 daily trips. Therefore, the project would result in a
net increase of fewer than 300 daily trips and no impacts related to VMT are anticipated
based on City Council Policy K-3. The automobile dealership specializes in sales and
repair of EVs that produce less noise than conventional automobiles. The project has
been designed with enclosed parking at the rear of the property adjoining the residential
zoning district to reduce operational noise, such as vehicle doors closing. The EV Lab
will also be fully enclosed and high noise generating activities such as use of pneumatic
lifts is prohibited. Compared to traditional internal combustion engines, EVs eliminate
tailpipe pollution such as nitrogen oxides (NOx), carbon monoxide (CO) and
hydrocarbons (HC) because there is no combustion process. As such, air quality
emissions associated with the sale of EVs is considerably less compared to cars with
internal combustion engines. Additionally, the project will not produce a significant effect
related to water quality. The project would not result in changes in site drainage that
cannot be addressed through standard conditions such as best management practices
(BMPs) to prevent erosion and construction pollutants from contacting stormwater. A
Water Quality Management Plan (WQMP) has been submitted and reviewed by the
City’s Geotechnical Engineer. The WQMP concludes that the project site is located
outside of areas susceptible to erosion and the downstream channels and conveyance
system will not be at risk of increased erosion due to project site developments. The
project has been conditioned to require the property to be adequately served by all
required utilities and public services.
4. Class 1 exempts projects involving the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
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former use. Specifically, 15301(c) exempts work on existing highways and streets,
sidewalks, gutters, bicycle, and pedestrian trails, and similar facilities. The project includes
improvements to West Coast Highway to realign the curb line, extend the existing transition
area, and allow for the construction of a bike lane.
5. The exceptions to these categorical exemptions under Section 15300.2 are not
applicable. The project location does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is
not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
Minor Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. The proposed development is allowed within the subject zoning district;
Facts in Support of Finding:
1. The property is located within the CG Zoning District which is intended to provide for
areas appropriate for a wide variety of commercial activities oriented primarily to serve
Citywide or regional needs. The project includes the construction of a new automobile
dealership, specifically categorized as “Vehicle/Equipment Repair, limited” and
“Vehicle/Equipment Sales, limited” land use. The Vehicle/Equipment Repair, limited land
use requires approval of a minor use permit and the Vehicle/Equipment Sales, limited
land use is allowed by right.
2. The NBMC defines Vehicle/Equipment Repair, limited as minor repair of automobiles,
motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles.
Examples of uses include brake adjustments and repairs; installation of electronic
equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust
systems; oil and lube shops; wheel alignment and balancing. This project, however,
includes minor repair and maintenance as described and does not include services such
as a full-service motor vehicle repair garage, machine shop, alarms, stereo, paint shop,
tire sales and installation, towing services, or a transmission shop that would classify
the automobile dealership as a more intense land use.
3. The NBMC defines Vehicle/Equipment Sales, limited as the sale of automobiles,
including display, storage, minor maintenance, and incidental rental. The land use
definition does not include maintenance and/or repair requiring pneumatic lifts. The
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automobile dealership offers luxury automobiles that are purely electric and does not
include any maintenance and/or repair services that would require pneumatic lifts.
4. The property has a maximum floor area to land ratio (FAR) of 0.30. The property consists
of 11 lots to be merged and is approximately 78,001 square feet (1.79 acres). The
project consists of 19,952 square feet of gross floor area; therefore, the project has a
proposed FAR of 0.26, which complies with the maximum 0.30 FAR limit.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria;
i. Compliance with this section, the General Plan, Title 20 (Planning and Zoning) of the
NBMC, any applicable specific plan, and other applicable criteria and policies related
to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on site
and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with
Section 20.30.100 (Public View Protection) of the NBMC.
Facts in Support of Finding:
1. The property is categorized as CG (General Commercial) by the General Plan Land Use
Element, which is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. The project includes the construction of an
automobile dealership that specializes in purely electric vehicles. Electric Vehicle (EV)
services will be provided in a fully enclosed environment. This section of West Coast
Highway includes several existing automobile dealerships. However, Genesis
Automobile will offer specialized EV cars and will provide an additional offering for the
residents of the City.
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2. Land Use Policy LU 5.2.2 (Buffering Residential Areas) of the Land Use Element of the
General Plan requires that commercial uses adjoining residential neighborhoods be
designed to be compatible and minimize impacts through incorporation of landscaping,
attractive architectural treatment of elevations facing residential neighborhoods, and
location of automobile and truck access to prevent impacts on neighborhood traffic and
privacy. The building will be constructed with basalt grey and matte black aluminum
composite metal with a multi-pane glass frontage. The building will incorporate a modern
design with a flat, non-reflective roof to reduce the visual impacts on the residential
neighborhood behind the property. The multi-pane glass frontage of the showroom will
be set back from the roof, providing visual interest, and the EV Lab and enclosed parking
are further setback, providing appropriate architectural relief as viewed from the
residential neighborhood of Bayshores across West Coast Highway. Parking lot light
fixtures will be directed downward and will have back shields to prevent the spillage of
light onto residential properties. Test drives through residential neighborhoods are
prohibited to prevent impacts on neighborhood traffic. To address privacy concerns
related to adjacent residential areas, parking behind the building will be enclosed, and
no roof-top uses are proposed.
3. The Noise Element of the General Plan requires residential land uses and other
sensitive receptors to be protected from excessive noise from motor vehicles. One of
the major sources of traffic noise in the City is along Coast Highway which is considered
to be a major arterial roadway. The project includes vehicle repair as classified as the
Vehicle/Equipment Repair, Limited land use of the NBMC that includes minor repair of
automobiles such as brake adjustments and repairs, installation of electronic equipment;
servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; and wheel
alignment and balancing. Full-service vehicle repair, painting services, towing services,
and transmissions shops are not offered at this location and pneumatic lifts are not
proposed which ensures the project will not create noise impacts. The EV Lab is entirely
enclosed, which will further ensure the project will not create noise impacts. Finally, EVs
are quieter than conventional vehicles by nature, and will not create noise impacts during
routine operation.
4. Section 2.51 (A Design Framework for Mariner’s Mile) of the Mariner’s Mile Strategic
Vision and Design Framework encourages development of multiple lots and shared
access agreements in order to consolidate curb cuts, thereby reducing potentially
hazardous turning movements on and off Coast Highway. The project includes a
tentative parcel map to merge 11 individual underlying legal lots into a single lot which
is compatible with the Vision and Design Framework. The project will demolish several
vacant buildings with individual uses to construct an automobile dealership across the
merged lots.
5. Section 2.71 (Land Use Considerations – Sensitivity to Existing Neighborhoods) of the
Mariner’s Mile Strategic Vision and Design Framework encourages sensitivity to the
adjacencies of the existing neighborhoods with proposed new uses and development
projects. Mitigation of potential impacts to existing residents should be considered and
may be accomplished through landscaping, equipment screening, limitations on
signage, lighting and glare spill-off, building colors, or other appropriate measures. The
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maximum height of the building is 26-feet with an allowed 6-inch increase for skylights.
The roof will be a solid, non-reflective color to mitigate impacts to the residential
neighborhood located at a significantly higher grade behind the property. All roof top
equipment will be screened from view from all five sides. Parking lot lighting will be
directed downward and will include back shields to prevent the spill of light on both up-
slope residential properties as well as those across Coast Highway.
6. Section 3.21 (Pacific Coast Highway Edge Landscape) of the Mariner’s Mile Strategic
Vision and Design Framework encourages Washington Robusta (Mexican Fan Palm) to
be planted across the entire frontage of the property. Additionally, landscaping is
provided towards the rear of the property along the existing sloping landscaping area
that is to remain. Prior to the issuance of building permits, a final landscape plan will be
reviewed to ensure the project complies with Section 3.21 of the Vision and Design
Framework, incorporates non-invasive plant species and water-efficient irrigation
designs, and complies with Caltrans standards for plantings within or near the right-of-
way.
7. The project includes a surface parking lot with indoor and outdoor parking spaces for
customers, employees, and inventory parking. Appropriate drive aisles are provided for
cars being serviced as well as customer parking for prospective buyers. The project has
been reviewed by the Public Works Department and conditions of approvals are
provided to ensure adequate queueing and loading space is provided on-site to prevent
any queueing or stacking of cars onto West Coast Highway.
8. An EV Lab Service and Vehicle Queuing technical memorandum dated January 16,
2024, was provided by CAA Planning that addresses concerns regarding potential
queueing into West Coast Highway. The project includes services by appointment only
to ensure no more than four vehicles are arriving at the EV Lab at any one time.
Additionally, vehicle technicians will be on-site to monitor the queue and direct vehicles
to the enclosed parking area should the driveway reach capacity. EVs require less
maintenance compared to conventional vehicles and Genesis is able to provide software
updates via wireless communication to its customers eliminating the need to bring
vehicles to the site for certain repairs. Furthermore, Genesis offers complimentary
Service Valet for up to three years or 36,000 miles for vehicle pick-ups which will also
contribute to the reduction of anticipated vehicles arriving to the EV Lab for service. Prior
to building permit issuance, a final Queuing Analysis shall be reviewed and approved by
Public Works Department.
9. Facts in support of Finding A are hereby incorporated by reference.
10. Pursuant to Land Use Policy 6.19.13 (Lot Consolidation on Inland Side of Coast
Highway) of the Land Use Element of the General Plan, the FAR may be increased to
0.5 where parcels are consolidated to accommodate larger commercial development
projects that provide sufficient parking. The project proposes sufficient parking and is
compliant with the current FAR of 0.3 as the proposed FAR is 0.26. While the project
includes lot consolidation, an increase in FAR to 0.5 is not proposed.
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11. Pursuant to Section 20.30.100 (Public View Protection), the nearest public viewpoint is
approximately 1,300 feet away at Castaways Park and the proposed development is not
expected to obstruct this public viewpoint, or any other public viewpoint.
12. The property is not located within a specific plan area.
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development.
Facts in Support of Finding:
1. Facts 4 and 8 in support of Finding B are hereby incorporated by reference.
2. A test drive route was provided by the applicant to ensure that all test driving will occur
on West Coast Highway. Additionally, a condition of approval is included to ensure that
no test driving will occur in residential neighborhoods.
3. The project will be conditioned to ensure that new vehicles are driven individually to the
project site and will not be delivered via car hauler on West Coast Highway. Any other
delivery vehicles would be required to stage within the project site (e.g. FedEx, UPS,
etc.).
4. The applicant has submitted a Fire Master Plan which has been reviewed and
preliminarily approved by the Life and Safety Division (Fire Department). The plans have
been reviewed to ensure adequate access to fire hydrants, hose pull, and building
coverage is provided and any changes shall be reviewed and approved by the Fire
Department.
5. The project has been designed to enclose the parking areas nearest residential uses
and does not propose roof-top parking or other roof-top uses beyond mechanical
equipment that will be screened.
6. As part of the development, the power lines behind the property will be eliminated.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permit –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
D. The use is consistent with the General Plan and any specific plan;
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Facts in Support of Finding:
1. Facts 1-3 in support of Finding B are hereby incorporated by reference.
2. The property is not located within a Specific Plan area.
Finding:
E. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
Facts in Support of Finding:
1. Facts in support of Finding A are hereby incorporated by reference.
2. Section 20.30.120(D) (Solid Waste and Recyclable Materials Storage – Nonresidential
Projects) of the NBMC requires 96 square feet of storage area for refuse and recycling
for up to 25,000 square feet of structure. The total square footage of the proposed
structure is 19,952 square feet. The project proposes 142 square feet of storage area
for refuse and recycling in compliance with this requirement. The trash enclosure is
situated in the middle of the property near the entrance to the enclosed parking and
away from residential uses.
Finding:
F. 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. Fact 2, 5, and 6 in support of Finding B are hereby incorporated by reference.
2. The EV Lab will be approximately 2,500 square feet within the total 19,952 square foot
building and will include eight service areas, a storage room for parts, a general storage
room, and employee areas. The EV services will be conducted in a fully enclosed
building and will not use pneumatic lifts or other heavy repair equipment such as
bodywork or painting. Additionally, EV batteries will not be stored on-site, but will rather
be brought to the site on an as-needed basis with corresponding appointments for
battery replacement. A condition of approval is included to ensure that no batteries are
to be stored on-site and any future changes to the operational characteristics to propose
on-site storage of batteries must be reviewed by the Fire Department.
3. The existing uses along West Coast Highway consist of several automobile dealerships
and the project proposes similar hours of operation as these existing automobile
dealerships and other retail and service uses along Mariner’s Mile. The proposed hours
of operation for sales will be between 9:00 a.m. and 8:00 p.m., Monday through Friday,
between 9:00 a.m. and 7:00 p.m. on Saturday, and between 10:00 a.m. and 6:00 p.m.
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on Sunday. The proposed hours of operation for services in the EV Lab will be between
8:00 a.m. and 6:00 p.m., Monday through Friday. Limited hours of service will be
provided on Saturday and no services will be provided on Sunday. The adjacent
McDonald’s Restaurant drive thru is open 6:00 a.m. to 11:00 PM Sunday – Thursday
and 6:00 a.m. to 1:00 a.m. Friday -Saturday.
Finding:
G. 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 project includes a tentative parcel map to merge 11 lots that will total approximately
1.79 acres and provide adequate space for the automobile dealership including all
required parking spaces.
2. The project has been reviewed by the City’s Fire, Public Works, and Building
Departments. Adequate public and emergency vehicle access, public services, and
utilities are provided to the property.
3. Fact 8 in support of Finding B is hereby incorporated by reference.
4. Facts 2 and 3 in support of Finding F are hereby incorporated by reference.
Finding:
H. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
or persons residing or working in the neighborhood of the proposed use;
Facts in Support of Finding:
1. The project has been reviewed by all relevant City Divisions and 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 in parking
areas, sidewalks, and areas surrounding the subject property and adjacent properties
during business hours, if directly related to the patrons of the establishment.
2. The project has been designed to be harmonious with persons residing or working in
the neighborhood by enclosing the parking area behind the building and enclosing the
EV Lab to ensure that project operations (e.g., parking cars, opening and closing of car
doors, employee conversations, etc.) area not detrimental to said persons. Additionally,
the project does not propose roof-top parking or any other roof-top uses which might
generate noise or privacy concerns.
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3. Facts in support of Finding C are hereby incorporated by reference.
Modification Permit
In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
I. The requested modification will be compatible with existing development in the
neighborhood;
Facts in Support of Finding:
1. The property requires a five-foot rear setback when the property is adjacent to residential
zoning districts. The Zoning District to the rear of the property is within the R-1 (Single-
Unit Residential Zoning District). The project requests a modification permit to allow a
10%, or six-inch, deviation from the required setback. The request does not include an
encroachment within an alley setback or bluff setback, which are not allowed pursuant
to Section 20.52.050(2)(a) (Modification Permits – Setback Modifications) of the NBMC.
2. The residential neighborhood adjacent to the rear of the property is located at a
substantially higher grade where the rear yard of these residential developments are
approximately 30-40 feet above the elevation of the subject property. The height of the
proposed structure is 26-feet with a flat roof and is not expected to obstruct or impede
on any views for the residential neighborhood above.
3. The property is also adjacent to the shopping center located at 100 West Coast Highway
to the east that is constructed within the five-foot rear setback along the rear property
line. The proposed structure will only encroach six-inches into the required setback and
will maintain four-feet six-inches from the rear property line, which is greater than 100
West Coast Highway, which was constructed with a zero-foot setback.
Finding:
J. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use;
Facts in Support of Finding:
1. The subject property is located in the CG Zoning District. The proposed project is
designed with an automobile dealership, surface parking for employees, customers, and
inventory vehicles, and landscaping. The property also has existing landscaping on a
hillside slope that is to remain. The project proposes new landscaping along the street
frontage of Coast Highway that is compatible with the Mariner’s Mile Strategic Vision
and Design Framework to maintain and improve the visual aesthetic of Mariner’s Mile.
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2. The property is a long shallow lot that is approximately 140-feet in depth. Additionally,
the Caltrans initiated improvements to West Coast Highway will require the curb line to
be relocated and the depth of the property will be reduced by 12-feet. The six-inch
encroachment in the rear setback is negligible in size compared to the 12-foot reduction
at the front of the property and will allow the proposed building to have additional space
to fit within the confines of the property after the reduction in lot depth.
3. The property is a shallow lot and the reduction in lot size after realigning the curb line
will create a physical hardship in constructing the building with adequate space to
accommodate the parking of vehicles as well as provide adequate drive aisles for cars
to be serviced. The six-inch encroachment allows the EV Lab parking to be enclosed,
designed with adequate parking spaces, as well as a 26-foot drive aisle as required by
Table 3-13 (Standard Vehicle Space Requirements) of Section 20.40.070(C)
(Development Standards for Parking Areas – Parking Space and Lot Dimensions) of the
NBMC.
4. The requested six-inch encroachment is for the dealership building that extends across
approximately one-third of the site. Approximately two-thirds of the site will not exceed
the required setback. In the middle of the property, the setback to the rear property line
will be approximately 50-feet, and along the western portion of the site the setback will
be approximately 85-feet from the rear property line.
Finding:
K. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code;
Facts in Support of Finding:
1. Section 20.30.110 (Setback Regulations and Exceptions) of the NBMC establishes
setback standards to ensure the provision of open areas around structures for various
reasons such as safety, privacy, and separation of incompatible uses. The subject
property is in the CG Zoning District where the rear setback would be zero feet unless
the property is abutting a residential zoning district; and in this instance would require a
five-foot setback. The purpose and intent of this five-foot rear setback would be to
separate commercial uses from the nearby residential uses. However, the commercial
properties along Coast Highway are separated from this residential neighborhood by a
substantial grade difference (30 to 40 feet) with sloping hillside landscaping.
2. Facts 2 and 3 in support of Finding J is hereby incorporated by reference.
Finding:
L. There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public; and
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Facts in Support of Finding:
1. The automobile dealership requires a parking rate of one parking space per 1,000
square feet of lot area. The property requires 79 parking spaces, and the project
proposes a total of 80 parking spaces with a combination of indoor and outdoor surface
parking spaces. The proposed drive aisle within the facility is also required to ensure
proper ingress/egress for cars being serviced in the facility and to allow for areas for
vehicles to queue and park on-site without creating a detriment from cars stacking on
Coast Highway.
2. The area where the structure encroaches six-inches into the rear setback is enclosed
parking, which is proposed to increase compatibility with the up-slope residential
properties. An alternative design is not possible while still providing the same level of
compatibility.
3. Fact 8 in support of Finding B is hereby incorporated by reference.
Finding:
M. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The six-inch encroachment into the rear setback will not result in a change of density to
the subject property nor will it allow for an intensity in proposed use that is inconsistent
with the provisions of the Zoning Code.
2. The CG Zoning Designation allows 0.30 FAR and the automobile dealership proposes
0.26 FAR and adequate parking will be provided as required. The automobile dealership
will be distanced from the residential neighborhood above by the existing hillside
landscaping. The grade difference and the limited services provided in the enclosed EV
Lab are not expected to create a noise detriment to the residential neighborhood above
as compared to a typical general vehicle repair service station that is not enclosed and
that has more intense vehicle service.
3. Compliance with Title 20 (Planning and Zoning) of the NBMC and the attached
conditions of approval are required and will further ensure that the proposed use will not
be detrimental to the occupants of the property, nearby properties, the neighborhood, or
the City.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
NBMC, the following findings and facts in support of such findings are set forth:
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Finding:
N. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code;
Facts in Support of Finding:
1. Facts 1-3 in support of Finding B are hereby incorporated by reference.
2. The project proposes to merge 11 lots into one single contiguous lot. The tentative parcel
map will not constitute a division of land or create any new lots.
3. The property is not located within a specific plan area.
Finding:
O. That the site is physically suitable for the type and density of development;
Facts in Support of Finding:
1. The site was previously developed with six separate structures for various commercial
retail and service uses. The proposed project will be developed as a single commercial
use with surface parking areas that will further reduce the amount of potentially
hazardous turning movements on and off West Coast Highway.
2. The subject property is accessible from West Coast Highway.
Finding:
P. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report;
Facts in Support of Finding:
1. The property is located within an existing commercial area that does not contain any
sensitive vegetation or habitat on-site.
2. The project is exempt from CEQA pursuant to Section 15332 under Class 32 (In-Fill
Development Projects) and Section 15301 under Class 1 (Existing Facilities) of the
CEQA Guidelines. Section 2 of this Resolution is hereby incorporated by reference.
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Finding:
Q. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
Facts in Support of Finding:
1. The tentative parcel map is to merge 11 lots into one contiguous lot. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health problems. Public improvements will
be required of the developer per NBMC Section 19.28.010 (General Improvement
Requirements) of the Subdivision Map Act. All ordinances of the City and all Conditions
of Approval will be complied with.
2. Fact 2 in support of Finding N is hereby incorporated by reference.
Finding:
R. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to
the City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision;
Facts in Support of Finding:
1. The Public Works Department has reviewed the proposed Tentative Parcel Map and
has determined that the design of the development will not conflict with easements
acquired by the public at large, for access through, or use of property within the
proposed development.
2. The project includes a request to encroach six inches in the five-foot rear setback area
which includes the five-foot Southern California Edison easement located in the rear of
the property. A condition of approval is included to require the applicant to receive
approval for the encroachment from the easement holder.
Finding:
S. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land;
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Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the property is not designated
as an agricultural preserve and is less than 100 acres in area.
2. The property is in the CG Zoning District, which is intended for commercial uses. The
CG Zoning District is not intended for residential development that is incidental to
commercial agricultural uses.
Finding:
T. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to be
included within the land project; and (2) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area;
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the project site does not contain 50 or more parcels of land.
2. The project is not located within a specific plan area.
Finding:
U. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act;
Fact in Support of Finding:
1. The tentative parcel map and automobile dealership are subject to Title 24 of the
California Building Code which requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The City’s Building
Division enforces Title 24 compliance through the plan check and inspection process.
Finding:
V. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources;
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Fact in Support of Finding:
1. The proposed project is an automobile dealership consistent with the CG Zoning District
for commercial uses. The property does not allow for residential uses nor is it identified
as a housing opportunity site in the Housing Element of the General Plan. The demolition
of the existing structures on-site does not include the demolition of any residential
structures.
Finding:
W. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board; and
Fact in Support of Finding:
1. A condition of approval is included to require new sewer laterals and cleanouts to be
installed per City Standard 406 and for sewer cleanouts to be placed adjacent to the
property line within the public right-of-way.
Finding:
X. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
1. The subject property is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15332 under Class 32 (In-Fill Development Projects) and Section 15301 under Class 1
(Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves a Minor Use
Permit, Minor Site Development Review, Modification Permit, and Tentative Parcel Map
(PA2023-0094), subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
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3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF FEBRUARY, 2024.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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) and the structure shall not exceed 19,999
square feet.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Minor Site
Development Review, Minor Use Permit, Modification Permit, and Tentative Parcel Map.
4. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
5. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
6. Prior to the issuance of building permits, a Traffic Fair Share Fee for the automobile
dealership shall be paid in accordance with the fee effective at the time of payment.
7. Test driving of vehicles shall be prohibited on all residential and local streets, including but
not limited to, the streets in the Newport Heights and Cliff Haven communities.
8. Vehicle service shall be performed entirely within the designated service areas of the
building. No vehicle service or repair shall take place in any designated parking space,
drive aisle, or outdoor area.
9. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside.
10. Full-sized vehicles shall not be stored or displayed in parking spaces such that they extend
into traffic aisles.
11. The applicant shall receive approval for any encroachments in the Southern California
Edison utilities easement from the easement holder.
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12. The hours of operation for vehicle services shall be between 8 a.m. and 6 p.m., Monday
through Saturday. No vehicles services shall occur on Sunday.
13. This Minor Site Development Review, Minor Use Permit, Modification Permit, and
Tentative Parcel Map may be modified or revoked by the Zoning Administrator if
determined 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.
14. Any change in operational characteristics, including changes that would add service of
automobiles with internal combustion engines, expansion in area, or other modification
to the approved plans, shall require an amendment to this Minor Site Development
Review, Minor Use Permit, and Modification Permit or the processing of a new Minor
Site Development Review, Minor Use Permit, and Modification Permit.
15. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
16. Prior to the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division. No invasive species shall be permitted, and the plans
shall comply with the Mariner’s Mile Strategic Vision and Design Framework to the
extent feasible.
17. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
18. 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
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
19. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) 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:
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Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
20. 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.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise-generating construction activities that produce noise to between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise-generating construction activities are not allowed on Sundays or Holidays.
22. No outside paging system shall be utilized in conjunction with this establishment.
23. 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.
24. 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.
25. 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.
26. 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
Division. 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).
27. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit. All deliveries shall be accommodated onsite and no delivery staging is permitted
within the Coast Highway right-of-way.
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28. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
29. 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.
30. 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 Genesis Automobile Dealership including, but not limited to, a minor site
development review, minor use permit, modification permit, and tentative parcel
map (PA2023-0094). 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.
Fire Department
31. Automatic fire sprinklers shall be required for all new construction. The sprinkler system
shall be monitored by a UL certified alarm service company.
32. Batteries for electric vehicles shall not be stored on-site. Any changes to the operational
characteristics that would require batteries to be stored on-site must be reviewed and
approved by the Fire Department.
Building Division
33. The applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
34. The applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
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Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the top six-
inch surface layer, subject to review/discretion of the geotechnical engineer.
35. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
36. Prior to issuance of building permit, the applicant shall identify the occupancies of the
building and provide occupancy separation or analysis as non-separated occupancy.
37. Prior to issuance of building permit, the applicant shall provide the required number of
accessible EV parking separate from accessible parking.
38. Prior to issuance of building permit, the applicant shall provide the accessible route from
outdoor parking and the public right-of-way to the building.
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39. Prior to issuance of building permit, the applicant shall provide the required number of
accessible outdoor and indoor parking.
40. Prior to issuance of building permit, the applicant shall provide ventilation for enclosed
parking garage.
41. Prior to issuance of building permit, the applicant shall provide detectable warning in
compliance with Section 11B-247 of the 2022 California Building Code. Detectable
warning cannot be on the drive aisle and door maneuvering clearance.
42. Prior to issuance of building permit, the applicant shall provide, an egress court in
compliance with Section 1029 of the 2022 California Building Code.
43. Prior to issuance of building permit, the applicant shall provide curb ramps on the
exterior change in elevation towards the building.
Public Works Department
44. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
45. An encroachment permit shall be required for all work activities within the public right-
of-way on City Facilities.
46. A Caltrans encroachment permit is required for all work within Caltrans right-of- way.
47. Prior to building permit issuance, the final Parking Management Plan shall be reviewed
and approved by the Community Development Director and City Traffic Engineer,
including the operation of the proposed tandem parking.
48. Parking layout shall comply with the City Parking Lot Standard 805. Dead-end drive
aisle in public areas and/or unassigned parking areas shall provide a dedicated turn
around space and minimum five-foot drive aisle extension.
49. Loading and unloading of vehicles shall occur entirely on-site and shall be prohibited
from loading and unloading within the West Coast Highway public right-of-way.
50. Vehicles waiting for service shall be prohibited from encroaching into the public right-
of-way, including the sidewalk area. Vehicle queueing shall be monitored at all times.
Applicant shall implement operation defined in Genesis-EV Lab Service and Vehicle
Queueing Memorandum dated January 16, 2024, to ensure queue does not impact the
public right-of-way including the sidewalk and Coast Highway areas. Should vehicle
queueing become an issue, as determined by the City, applicant shall propose new
operation procedures to the Community Development Director and City Traffic
Engineer for review and approval. Applicant shall implement the revised operation
immediately upon approval.
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51. The applicant shall provide a full twelve foot wide dedication along West Coast Highway
right-of-way in fee to the City of Newport Beach. The applicant shall be responsible to
design and construct the full width curb relocation on West Coast Highway along the
entire property frontage per the Preliminary Striping Plan. The applicant shall also be
responsible to design and construct the transitions on the adjacent property frontages
as required (which shall be the minimum feasible length required to achieve the
conceptual design depicted in the Preliminary Striping Plan). The applicant will be
responsible for 100 percent of the cost of the curb relocation along the project frontage
and transition at adjacent property frontages. Plans shall be reviewed and approved by
the City of Newport Beach and Caltrans. The City will support the applicant in acquiring
all necessary permits from Caltrans and construction access from neighboring
properties. The curb relocation improvements shall be constructed with the initial
project construction to the extent practicable to limit disruption to West Coast Highway.
The applicant may also work with Caltrans, for Caltrans to physically construct the curb
relocation plans, at the applicant’s expense, if so agreed by Caltrans.
52. Prior to the recordation of the final parcel map, the applicant shall provide separate
performance improvement bond and labor/materials improvement bond in the form and
amount acceptable to the Public Works Director and City Attorney for 100 percent of
the estimated improvement costs, as prepared by a Registered Civil Engineer and
approved by the Public Works Director, for each of the following, but not limited to,
street improvements, monuments, sidewalk, striping, signage, street lights, sewer
systems, water systems, storm drain and water quality management systems, erosion
control, landscaping and irrigation in the public right-of-way.
53. A parcel map (Map) shall be recorded prior to the issuance of building permit for new
construction. The Map shall be prepared on the California coordinate system (NAD83).
Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit
to the County Surveyor and the City of Newport Beach a digital- graphic file of said map
in a manner described in Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to
be submitted to the City of Newport Beach shall comply with the City’s CADD
Standards. Scanned images will not be accepted.
54. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the City Engineer. Monuments shall be protected in place if
installed prior to completion of construction project.
55. All unused water services shall be abandoned at the water main.
56. All unused sewer laterals to be abandoned shall be capped at the property line. If the
sewer lateral to be abandoned has an existing cleanout, abandonment shall include
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removal of the cleanout riser, the “4TT” box and “wye”. Sewer laterals shall then be
capped where the “wye” used to be.
57. New sewer laterals and cleanouts shall be installed per City Standard 406 and sewer
cleanouts shall be placed adjacent to the property line within the public right-of-way.
58. The applicant is responsible for all improvements to the City’s water and sewer systems
necessary to accommodate the proposed project.
59. Caltrans is scheduled to repave West Coast Highway in Spring 2024 and any repaved
trenching or damage to West Coast Highway as part of the proposed project will require
street repair per the City’s Moratorium Roadway Trench Resurfacing Standard 106-D.
60. Parking along the project frontage of West Coast Highway shall be prohibited. No
vehicles shall be parked, staged, stored or placed in the public right-of-way for any
duration of time. Vehicle deliveries are prohibited within public right-of-way.
61. Prior to submittal to Caltrans, roadway improvements plans, including, but not limited
to, widening, drainage, signing, striping, curb markings and other related design items
shall be reviewed by the Public Works Department. Applicant shall make revisions
noted by the Public Works Department and resubmit prior to submittal to Caltrans.
62. Remove and required replacement of existing City trees along West Coast Highway is
subject to further review and approval by the City Arborist.
63. Final design of the realigned City water main along the entire West Coast Highway
project frontage is subject to final approval by the Public Works and Utilities
Departments. Project is responsible for the cost and installation of the new water main.
64. All project driveways shall comply with the City Sight Distance Standard 105. All
structures and landscaping shall comply with the height restrictions within the limited
use area.
65. Final construction management plan shall be reviewed and approved by the City Traffic
Engineer and Community Development Director prior to building permit issuance.
Locations of construction fencing, and gates shall not impact the line of sight per City
Standard. Final construction schedule shall be provided as part of the final construction
management plan.
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Appeal Form
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Attachment No. PC 5
EV Lab Service and Vehicle Queueing
Technical Memorandum
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30900 Rancho Viejo Road, Suite 285, San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599
Memorandum
To: Brad Sommers
From: Shawna Schaffner
Date: January 16, 2024
Subject: Genesis – EV Lab Service and Vehicle Queuing
The Genesis project has 8 EV Labs, or service bays, and 20 spaces to accommodate EVs for
service. This includes 6 queuing spaces at the easterly driveway on West Coast Highway, and 14
service only parking spaces contained within the enclosed parking area. Service is by appointment
only. Everything is scheduled to ensure there will be no more than 2-4 vehicles arriving at any one
time.
Once vehicles pull into the service drive, they will be greeted by an attendant and the vehicles will
be immediately moved into one of the enclosed EV Labs, or into the adjacent dedicated service
parking area. While queuing problems are not anticipated given the low number of appointments
per hour, the EV Lab queuing area will be actively monitored by vehicle technicians at all times.
If the driveway ever reached capacity, the entrance would be closed and the two additional
driveways located westerly of the service drive would be used to provide access to the main
parking lot. From the main parking lot, a vehicle can be moved through the enclosed parking area
into the “service” parking spaces.
Genesis EV cars, and EVs in general, require significantly less maintenance compared to a vehicle
with an internal combustion engine because there are fewer moving parts and fluids requiring
maintenance. Genesis EVs feature over-the-air (OTA) technology, which delivers software
updates via wireless communication. OTA updates enable vehicles to update essential safety,
performance, and feature enhancements all without visiting a service center.
Genesis also offers complimentary Service Valet for 3 years or 36,000 miles. Genesis performs a
remote diagnostic check, picks up the vehicle from your home or office, provides the service, and
returns the vehicle when it is ready. These types of features reduce the need for visits to the EV
Lab, and also allow for a better distribution of vehicles arriving at the EV Lab for service. Service
peaks are thereby actively managed and spread out so that there is not an overconcentration of
vehicles arriving for service at any given time.
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Test Drive Route
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Project Plans
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THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D000 - SHEET INDEX
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
DRAWING INDEX
ARCHITECTURAL
D000 SHEET INDEX
D100 COVER
D101 EXISTING SURROUNDINGS USAGE MAP
D102 EXISTING SITE PLAN
D103 PROPOSED SITE PLAN
D104 PROPOSED SITE PLAN AT GRADE
D120 PROPOSED FLOOR PLANS
D121 PROPOSED OCUPANCY PLANS
D140 PROPOSED REFLECTED CEILING PLAN
D150 PROPOSED ROOF PLAN
D200 PROPOSED BUILDING ELEVATIONS
D201 SITE ELEVATION
D205 PROPOSED SITE SECTIONS
AREA MAP
WEST COAST HIGHWAY
DO
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THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D100 - COVER
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663 102
R-1
CG
PROPOSED
GENESIS FACILITY
USE MAP LEGEND
R-1RESIDENTIAL DWELLINGS
CGCOMMERCIAL GENERAL
PROPOSED BUILDING FOOTPRINT
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D101 - EXISTING SURROUNDING USAGE MAP
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
0 4020
SCALE: 1" = 20'
5 10
N N
TRUE NORTH PROJECT NORTHTRUE NORTH PROJECT NORTH
103
EXISTING
TO DEMO
EXISTING
TO DEMO EXISTING
TO DEMO
PROPERTY LINE
WEST COAST HWY.
PROPERTY LINE
EXISTING
TO DEMO
EXISTING
TO DEMO
EXISTING
TO DEMO
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D102 - EXISTING SITE PLAN
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
0 4020
SCALE: 1" = 20'
5 10
N N
TRUE NORTH PROJECT NORTHTRUE NORTH PROJECT NORTH
104
UP
MAIN BUILDING TOTAL 19,952 SF
LEVEL 1 -MAIN TOTAL 16,498 SF
LEVEL 2 -MAIN TOTAL 3,454 SF
TOTAL LOT AREA 78,001 SF
(1.791 AC)
PARKING REQUIRMENTS
FLOOR AREA RATIO
NEWPORT BEACH MUNICIPAL CODE 20.40.040, TABLE 3-10
VEHICLE / EQUIPMENT RENTALS AND SALES: 1 PARKING SPACE PER 1,000 SF LOT AREA
REQUIRED:78,001 SF (TOTAL LOT AREA) / 1000 = 79 SPACES
PROPOSED:80 SPACES
19,952 (TOTAL BUILDING AREA) / 78,000 SF (TOTAL LOT AREA) = 0.256 FAR
PROPOSED
SOLID WASTE AND RECYCLABLE MATERIALS STORAGE
NEWPORT BEACH MUNICIPAL CODE 20.30.120, TABLE 3-5
19,952 (TOTAL BUILDING AREA)
REQUIRED:48 SF (REFUSE STORAGE AREA) + 48 SF (RECYCLING STORAGE AREA)
=96 SF TOTAL
PROVIDED:142 SF
INDOOR PARKING
14 SPACES
EV PARKING 0 SPACES
ACCESSIBLE PARKING 2 SPACES
TOTAL INDOOR PARKING
OUTDOOR PARKING
66 SPACES
EV PARKING 4 SPACES
ACCESSIBLE PARKING 4 SPACES
TOTAL OUTDOOR PARKING
PARKING TOTAL 80 SPACES
2022 CBC, TABLE 11B-208.2
INDOOR PARKING
TOTAL NUMBER OF PARKING SPACES:1 TO 25 SPACES
MIN. NUMBER OF REQUIRED ACCESSIBLE SPACES:1 SPACE
OUTDOOR PARKING
TOTAL NUMBER OF PARKING SPACES:51-75 SPACES
MIN. NUMBER OF REQUIRED ACCESSIBLE SPACES:3 SPACES
PROPOSED:6 SPACES TOTAL
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, TABLE 5.106.5.3.1
TOTAL NUMBER OF PARKING SPACES:76-100 SPACES
NUMBER OF REQUIRED EV CAPABLE SPACES:17
NUMBER OF REQUIRED of EV CHARGING STATIONS:4
PROPOSED:4 SPACES, INCLUDING 1 ACCESSIBLE
(INCLUDES PARTS MEZZ)
PROPOSED
GENESIS FACILITY
WEST COAST HWY.
PROPOSED
DUMPSTER
142 SQ FT.
PROPERTY LINE
N88°58'28"E 550.08'
PROPOSED
MONUMENT SIGN
33.18 SF
6' HEIGHT x 5'-6.4" WIDTH
DISPLAY
PROPOSED
DIRECTIONAL
SIGNAGE
MAX HEIGHT: 4'
MAX AREA: 3 SF
EXISTING NATURAL
VEGETATION
PR
O
P
E
R
T
Y
L
I
N
E
S0
1
°
4
7
'
5
5
"
E
145
.
5
2
'
PR
O
P
E
R
T
Y
L
I
N
E
S0
1
°
4
7
'
5
5
"
E
138
.
1
0
'
NEW RETAINING WALL
NEW RETAINING WALL
CUSTOMER PARKING (4)
EMPLOYEE PARKING (2)
CUSTOMER PARKING (11)
INVENTORY PARKING (11)
CUSTOMER PARKING (11)
CUSTOMER PARKING (6)EMPLOYEE PARKING (13)
NEW SIDEWALK
MWS
243' - 4"
12
0
'
-
9
"
TYP.
17'
-
0
"
TYP.
8' - 6"
PROPERTY LINES88°12"05"W 550.03'
4'-6" BUILDING SETBACK
TRANSFORMER PAD
CUSTOMER PARKING (8)
LEVEL 3 EV CHARGER
LEVEL 3 EV CHARGER
PROPOSED
PEDESTRIAN
CROSSING
12' DEDICATION
LINE OF WALLS BELOWTYP
.
14
'
-
6
"
9' - 0"5' - 0"12' - 0"9' - 0"6' - 0"12' - 0"
TY
P
.
18'
-
0
"
EV CHARGINGONLY
EV CHARGINGONLYEV CHARGINGONLY
EV CHARGINGONLY
TYP.
8' - 6"0"8' - 6"8' - 6"
CURB RAMP
CURB RAMPDETECTABLE
WARNING
ROLL OVER CURB
ROLL OVER CURB
PATH OF TRAVEL
EV CHARGING STATION (4)
EV CAPABLE (9)EV CAPABLE (8)
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D103 - PROPOSED SITE PLAN
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
0 4020
SCALE: 1" = 20'
5 10
N N
TRUE NORTH PROJECT NORTHTRUE NORTH PROJECT NORTH
105
TV TVTVTVTV
UP
WEST COAST HWY.
PROPOSED
DUMPSTER
142 SQ FT.
PROPERTY LINE
N88°58'28"E 550.08'
PROPOSED
MONUMENT SIGN
33.18 SF
6' HEIGHT x 5'-6.4" WIDTH
DISPLAY
PROPOSED
DIRECTIONAL
SIGNAGEMAX HEIGHT: 4'MAX AREA: 3 SF
EXISTING NATURAL
VEGETATION
CUSTOMER/EV LABS
PARKING (14)
PR
O
P
E
R
T
Y
L
I
N
E
S0
1
°
4
7
'
5
5
"
E
14
5
.
5
2
'
PR
O
P
E
R
T
Y
L
I
N
E
S0
1
°
4
7
'
5
5
"
E
13
8
.
1
0
'
NEW RETAINING WALL
NEW RETAINING WALL LEVEL 3 EV CHARGERS
ENCLOSED
PARKING STRUCTURE (16)
LOANER VEHICLES
NEW SIDEWALK
MWS
PROPERTY LINES88°12"05"W 550.03'
4'-6" BUILDING SETBACK
TRANSFORMER PAD
5' -
1
"
26
'
-
0
"
TY
P
.
18
'
-
0
"
PROPOSED
GENESIS FACILITY
CUSTOMER PARKING (4)
EMPLOYEE PARKING (2)
CUSTOMER PARKING (11)
INVENTORY PARKING (11)
CUSTOMER PARKING (11)
CUSTOMER PARKING (6)EMPLOYEE PARKING (13)
CUSTOMER PARKING (8)
LEVEL 3 EV CHARGER
LEVEL 3 EV CHARGER
PROPOSED
PEDESTRIAN
CROSSING
12' DEDICATION
EDGE OF ROOF ABOVE
EDGE OF ROOF ABOVE
3' - 2"68' - 0"9' - 0"9' - 0"9' - 0"34' - 0"20' - 0"
TYP.
8' - 6"
TYP.
8' - 6"
7' - 3"110' - 6"8' - 6"51' - 0"8' - 0"94' - 0"14' - 3"
26' - 0"6' - 0"85' - 0"8' - 6"93' - 6"8' - 6"9' - 0"5' - 0"12' - 0"9' - 0"6' - 0"12' - 0"39' - 0"5' - 0"16' - 0"
17'
-
0
"
26'
-
0
"
TYP
.
14
'
-
6
"
5' -
6
"
TYP
.
17'
-
0
"
TY
P
.
17'
-
0
"
26'
-
0
"
18'
-
0
"
VEHICLE TURNAROUND AREA
4' - 6"1' - 7 1/2"
EV CHARGING STATION (4)
TYP.
8' - 6"
EV CAPABLE (9)EV CAPABLE (8)
VIEW TRIANGLE
REF: CIVIL
26' - 0"
VIEW TRIANGLE
REF: CIVIL
VIEW TRIANGLE
REF: CIVIL
CURB RAMP
CURB RAMP
CURB RAMP
DETECTABLE
WARNING
EV CHARGINGONLY
EV CHARGINGONLYEV CHARGINGONLY
EV CHARGINGONLY
ROLL OVER CURB
PATH OF TRAVEL
MAIN BUILDING TOTAL 19,952 SF
LEVEL 1 -MAIN TOTAL 16,498 SF
LEVEL 2 -MAIN TOTAL 3,454 SF
TOTAL LOT AREA 78,001 SF
(1.791 AC)
PARKING REQUIRMENTS
FLOOR AREA RATIO
NEWPORT BEACH MUNICIPAL CODE 20.40.040, TABLE 3-10
VEHICLE / EQUIPMENT RENTALS AND SALES: 1 PARKING SPACE PER 1,000 SF LOT AREA
REQUIRED:78,001 SF (TOTAL LOT AREA) / 1000 = 79 SPACES
PROPOSED:80 SPACES
19,952 (TOTAL BUILDING AREA) / 78,000 SF (TOTAL LOT AREA) = 0.256 FAR
PROPOSED
SOLID WASTE AND RECYCLABLE MATERIALS STORAGE
NEWPORT BEACH MUNICIPAL CODE 20.30.120, TABLE 3-5
19,952 (TOTAL BUILDING AREA)
REQUIRED:48 SF (REFUSE STORAGE AREA) + 48 SF (RECYCLING STORAGE AREA)
=96 SF TOTAL
PROVIDED:142 SF
INDOOR PARKING
14 SPACES
EV PARKING 0 SPACES
ACCESSIBLE PARKING 2 SPACES
TOTAL INDOOR PARKING
OUTDOOR PARKING
66 SPACES
EV PARKING 4 SPACES
ACCESSIBLE PARKING 4 SPACES
TOTAL OUTDOOR PARKING
PARKING TOTAL 80 SPACES
2022 CBC, TABLE 11B-208.2
INDOOR PARKING
TOTAL NUMBER OF PARKING SPACES:1 TO 25 SPACES
MIN. NUMBER OF REQUIRED ACCESSIBLE SPACES:1 SPACE
OUTDOOR PARKING
TOTAL NUMBER OF PARKING SPACES:51-75 SPACES
MIN. NUMBER OF REQUIRED ACCESSIBLE SPACES:3 SPACES
PROPOSED:6 SPACES TOTAL
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, TABLE 5.106.5.3.1
TOTAL NUMBER OF PARKING SPACES:76-100 SPACES
NUMBER OF REQUIRED EV CAPABLE SPACES:17
NUMBER OF REQUIRED of EV CHARGING STATIONS:4
PROPOSED:4 SPACES, INCLUDING 1 ACCESSIBLE
(INCLUDES PARTS MEZZ)
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D104 - PROPOSED SITE PLAN AT GRADE
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
0 4020
SCALE: 1" = 20'
5 10
N N
TRUE NORTH PROJECT NORTH
106
UP
UP
RECEPTION
PARTS126
VESTIBULE
100
SHOWROOM
101
GENESIS CUBE
102
OPEN SALESCNSLT.
103
N.V.D.
104
F&I MGR.
105
F&I MGR.
106
GEN. MGR.
107
SALES MGR.
108
SALES MGR.
109
SALES CNSLT.
110
SALES CNSLT.
111
CUSTOMERLOUNGE
112WOMEN'S RR114 MEN'S RR113
ATRIUM
118
ELEVATOR
116
MACH.
117
STAIRS
119
OUTDOOR ZENGARDEN
120
EV LAB MGR.
121
EV LAB ADV.
122
EV LAB ADV.123
EV VEHICLE
RECEPTION
124
EV LAB125
JAN.
115
RECEPTION
FEATURE
VEHICLE
FEATURE
VEHICLE
ENCLOSED PARKING STRUCTURE
(16 SPACES)
KEY
DROP
BOX
BLDG.
SUPPORT
127
OIL/ COMP.
128
ELEC
129
WOMENS TECH.
130
MENS TECH.
131
STORAGE
133
FIRE RISER135
BREAK ROOM
132
PARKINGGARAGE134
3' - 1 7/8"8 SPACES @ 8'-6" EA. = 68' - 0"9' - 0" 9' - 0" 9' - 0" 4 SPACES @ 8'-6" EA. = 34' - 0"19' - 11 1/2"
18
'
-
0
"
26'
-
0
"
5' -
0
1
1
/
1
6
"
CA BUILDING CODE
11B-407.4
MIN CAR SIZE:
68" x 54"
ROLL
OVER
CURB
CURB RAMP
CURB RAMP
OPEN TO
SHOWROOM
BELOW
N.V.D.ROOFBELOW
ROOF BELOW
OFFICE
200
ELEVATOR
202
STAIRS
203
HALL
204
ASSISTANT205
OWNER'S
OFFICE
206
BREAKROOM
207
WOMENS R.R.208 MENS R.R.209
GENERALOFFICE210
STOR.
211
ATRIUM
118
OFFICE
212
OFFICE
213
OPEN TO LOUNGE BELOW
ROOF BELOW
PROGRAMMING
SHOWROOM
FIRST FLOOR
CUSTOMER FOCUS AREAS
PARTS DEPARTMENT
PROGRAM TYPE PROPOSED
UNIT / AREA
EV LAB
EV DEPARTMENT
7,824 SF
8 BAYS / 5,983 SF
EV RECEPTION 4 CARS / 1,841 SF
BUILDING GRAND TOTAL
7,492 SF
4 CARS / 7,492 SF
950 SF
19,952 SF
BREAKROOM
GENERAL OFFICE
232 SF
2,649 SF
1,987 SF
LEVEL 1 -SUBTOTAL 16,498 SF
MEZZANINE -SUBTOTAL 1,037 SF
MAIN SHOWROOM FACILITY
ADMINISTRATION
MEZZANINE 1,037 SF
LEVEL 2 -SUBTOTAL 2,417 SF
2,417 SF
PARTSMEZZANINE
126B
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D120 - PROPOSED FLOOR PLANS
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1/8" = 1'-0"1 PROPOSED - LEVEL 1
1/8" = 1'-0"2 PROPOSED - LEVEL 2
0 2 4 8 16
SCALE: 1/8" = 1'-0"N N
TRUE NORTH PROJECT NORTH
1/8" = 1'-0"3 PROPOSED - PARTS MEZZANINE
107
UP
7,419.36 SF
SHOWROOM & SALES
1/150 = 50 OCCUPANTS
(GROUP B SPRINKLED)
7,521.14 SF
EV LABS
1/200 = 38 OCCUPANTS
(GROUP S-1 SPRINKLED)
817.05 SF
PARTS STORAGE
1/200 = 2 OCCUPANTS
(GROUP S-1 SPRINKLED)
539.30 SF
NVD
1/150 = 4 OCCUPANTS
(GROUP B SPRINKLED)
PROPOSED H-2 SPRINKLER SYSTEM THROUGHOUT
1 HR RATED
1 H
R
R
A
T
E
D
1 HR RATED
7,753.22 SF
PARKING GARAGE
1/200 = 39 OCCUPANTS
GROUP S-2 (SPRINKLERED)
58' -11"
13 sec
112' -3"26 sec
53' -4"
12 sec
86' -8"
20 sec
123' -8"
28 sec
75' -6"17 sec
169' -6"
39 sec
141.16 SF
STORAGE
1/200 = 1 OCCUPANT
(GROUP S-2 SPRINKLED)
1 HR RATED
37' -5"
9 sec
1,801.24 SF
BACK OF HOUSE OFFICES
1/150 = 13 OCCUPANTS
(GROUP B SPRINKLED)
74' -11"17 sec
1 HR RATED
237.99 SF
BREAK ROOM
1/15 = 16 OCCUPANTS
(GROUP B SPRINKLED)
72' -4"
16 sec
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D121 - PROPOSED OCCUPANCY PLANS
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1/8" = 1'-0"1 OCCUPANCY PLAN
1/8" = 1'-0"2 OCCUPANCY PLAN
0 2 4 8 16
SCALE: 1/8" = 1'-0"N N
TRUE NORTH PROJECT NORTH
APPLICABLE CODES:
PROJECT:
BUILDING CODE ANALYSIS
ACTUAL FLOOR AREA ALLOWANCES
SHOWROOM & SALES (B):7,419 SF/150 SF PER ONE OCCUPANT =50 OCCUPANTS
PARKING GARAGE (S-2):7,753 SF/200 SF PER ONE OCCUPANT =39 OCCUPANTS
STORAGE (S-2):141 SF/500 SF PER ONE OCCUPANT =1 OCCUPANTS
TOTAL:26,535 SF 163 OCCUPANTS
GENESIS OF NEWPORT BEACH
NEWPORT BEACH, CA 92663NEW BUILDING, MOTOR VEHICLE SHOWROOM & SERVICE
2022 CALIFORNIA BUILDING CODE2022 CALIFORNIA ELECTRICAL CODE2022 CALIFORNIA PLUMBING CODE2022 CALIFORNIA MECHANICAL CODE2022 CALIFORNIA FIRE CODE2022 CALIFRONIA ENGERY CODE2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN)
NUMBER OF EXITS:
4.
3.
2.
1.
6.
TABLE 1006.3.3 MINIMUM NUMBER OF EXITS OR ACCESS TO EXITS PER STORY
1-500 =2 EXITS501-1,000 =3 EXITSMORE THEN 1,000 =4 EXITS
CONSTRUCTION TYPE: TYPE IIB
PER SECTION 602 & TABLE 601
ALLOWABLE HEIGHT AND BUILDING:HEIGHT AND AREAS PER TABLE 504.3, 504.4, AND 506.2
OCCUPANCY TYPE: B, BUSINESSPER SECTION 304
MAXIMUM FLOOR AREA ALLOWANCES (TABLE 1004.5):
TOTAL EGRESS WIDTH:WITH SPRINKLER SYSTEM-OTHER EGRESS COMPONENTS -0.15"
ACTUAL:3 EXITS PROVIDED WITH 36" OF EXIT WIDTH
1 EXIT PROVIDED WITH 48" OF EXIT WIDTH
1 EXIT PROVIDED WITH 36" OF EXIT WIDTH
MINIMUM CORRIDOR WIDTH:(TABLE 1020.3) 44" (36" IF LESS THAN 50 OCCUPANTS)
5.
TABLE 1006.1 SPACES WITH ONE EXIT OR EXIT ACCESS DOORWAYB =49 OCCUPANTS (MAX)S =29 OCCUPANTS (MAX)
PROJECT DESCRIPTION:NEW BUILDING FOR THE SALE OF MOTOR VEHICLES w/ SHOWROOM & SERVICE SHOP
REQUIRED:
a. OCCUPANCY S-1: 75 FEET; 4 STORIES; 52,500 SF PER FLOOR
NVD (B):539 SF/150 SF PER ONE OCCUPANT =4 OCCUPANTS
EV LABS (S-1):7,521 SF/200 SF PER ONE OCCUPANT =38 OCCUPANTS
1 EXIT PROVIDED WITH 36" OF EXIT WIDTH
1 EXIT PROVIDED WITH 36" OF EXIT WIDTH
BUSINESS AREAS 1 PERSON / 150 S.F. (GROSS AREA)
ASSEMBLY WITHOUT FIXED SEATS -UNCONCENTRATED (TABLES AND CHAIRS)
1 PERSON / 15 S.F. (NET AREA)
PARKING GARAGES 1 PERSON / 200 S.F. (GROSS AREA)
WAREHOUSES 1 PERSON / 500 S.F. (GROSS AREA)
PARTS STORAGE (S-1):817 SF/500 SF PER ONE OCCUPANT =2 OCCUPANTSBACK OF HOUSE OFFICES (B):1,871 SF/150 SF PER ONE OCCUPANT =13 OCCUPANTSBREAK ROOM (B): 238 SF/15 SF PER ONE OCCUPANT =16 OCCUPANTS
SHOWROOM & SALES (B):
PARKING GARAGE (S-2):
STORAGE (S-2):
NVD (B):
EV LABS (S-1):
PARTS STORAGE (S-1):
BACK OF HOUSE OFFICES (B):
BREAK ROOM (B):
50 OCCUPANTS @ 0.15" PER OCCUPANT =4 OCCUPANTS @ 0.15" PER OCCUPANT =39 OCCUPANTS @ 0.15" PER OCCUPANT =
38 OCCUPANTS @ 0.15" PER OCCUPANT =
1 OCCUPANTS @ 0.15" PER OCCUPANT =
2 OCCUPANTS @ 0.15" PER OCCUPANT =
13 OCCUPANTS @ 0.15" PER OCCUPANT =
16 OCCUPANTS @ 0.15" PER OCCUPANT =
7.5" (MIN. 32" REQUIRED)0.6" (MIN. 32" REQUIRED)5.9" (MIN. 32" REQUIRED)
5.7" (MIN. 32" REQUIRED)
.15" (MIN. 32" REQUIRED)
0.3" (MIN. 32" REQUIRED)
2.0" (MIN. 32" REQUIRED)
2.4" (MIN. 32" REQUIRED)
SHOWROOM & SALES (B):
PARKING GARAGE (S-2):
STORAGE (S-2):
NVD (B):
EV LABS (S-1):
PARTS STORAGE (S-1):
BACK OF HOUSE OFFICES (B):
BREAK ROOM (B):
50 OCCUPANTS =4 OCCUPANTS =39 OCCUPANTS =38 OCCUPANTS =1 OCCUPANTS =
2 OCCUPANTS =
13 OCCUPANTS =
16 OCCUPANTS =
1 EXIT
1 EXIT
1 EXIT
PROVIDED WITH 36" OF EXIT WIDTH
PROVIDED WITH 36" OF EXIT WIDTH
PROVIDED WITH 36" OF EXIT WIDTH
108
ATRIUM OPEN TO SKYLIGHT ABOVE(GL-4)
10' X 20' CLOUD LIGHT FIXTUREMOUNTING HEIGHT: 11'-6"
OPEN TO EXPOSED CEILING ABOVE
OPEN TO EXPOSED CEILING ABOVE
F6 F6 F6 F6 F6F6
F12F17
F17
F17
F17
F1B F1B
F2
F3
F2
F2F2
F2F2
F2
F3
F2
F2F2
F2F2
F1B
F2
F3
F2
F2
F2
F2
F2
F2
F2
F1B
F2
F3
F2
F2
F2
F2
F2
F2
F2
F1B
F2
F3
F2
F2
F2
F2
F2
F2
F2
F1B
F2
F3
F2
F2
F2
F2
F2
F2
F2
F21F21F21
F29 F29 F29
F6
F6
F6
F10
F18A
F1
F1
F4
F1
F1
F1
F1
F1
F1
F1 F1 F1 F1 F1 F1 F1 F1 F1 F1 F1 F1 F1 F1 F1
F4 F4 F4 F4 F4 F4 F4 F4 F4 F4 F4 F4 F4 F4 F4
F4
F4
F4
F4
F4
F4F4
F4
F4
F2
F3
F3
F3
F2
F4
F2
F2
F2
F2
F2
F2
F4
F3
F3
F3
F3
F4F4
F2
F2
F2
F3
F3
F4F4
F2
F2
F3
F3
F4F4 F4
F11
F3
F3
F4F4F4F4F4
F3F3F3F3
F3F3F3F3
F2
F2
F2
F2
F2F2
F3
F3
F3
F2
F2
F2
F2
F2
F3
F2F2F2F2F2
F2 F2F2F2
F2F3F3F3F2
F7 F7 F7 F7 F7 F7 F7
F14
F14
F14
F14F14 F14 F14 F14 F14 F14 F14 F14
F14
F14
F14
F14
F14
F14
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F8
F8
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F18A
F21
F5
F5
F21
GYP-19' - 0"
GYP-112' - 6"
GYP-120' - 0"
OPEN
ECS-1
BCLG-117' - 4"
OPE
N
ECS-1
OPEN
ECS-1
OPE
N
ECS-1
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
F20
OPEN
ECS-1F20 F20 F20 F20
F20F20F20F20
F20
F20F20
F20
F20
F20
F20
F20F20
F20
F20
F20
F20
F20
F20
F20F20
F20
F20
F20
F20
F20
F20
F20
F20
F20
F20
F20 F20
F20
F20
F20F20
F20
F20
F20
F20 F20 F20
F21
F21F21F21 F21
F21F21F21 F21
F14
F14
F8
F8
F8
F8
F8
F8
ACT-410' - 0"F5
ACT-29' - 0"
F20
F20
F20 F20 F20 F20 F20
F4
F14 F14 F14 F14
F20
F20
F21F21F21F21
F21
F21
F21
F21
F21
F21
OPE
N
ECS-1 OPE
N
ECS-1
F21
F21
OPEN
ECS-1
F17 F17 F17
GYP-19' - 6"
GYP-19' - 6"
F17 F17 F17
F17
F17
F17F17
F17 F17
F27
F27
F27F27
F27
F5 F5
F5
F14 F14 F14 F14 F14
F6
F14
F14
ACT-114' - 0"
GYP-19' - 0"
OPEN
ECS-1
OPE
N
ECS-1
GYP-19' - 0"
GYP-19' - 0"
GYP-19' - 0"
F21
OPEN
ECS-1
F5
F5
?
?
?
F4 F4
ATRIUM OPEN TO SKYLIGHT ABOVE
(GL-4)
F4 F4F4F4F4F4F4F4F4F4F4F4F4F4F4F4
F18A
F8
F18A
F21
F17
F17 F17 F17
F17 F17
GYP-18' - 0"
GYP-18' - 0"
GYP-18' - 0"
GYP-18' - 0"
GYP-18' - 0"
GYP-18' - 0"ECS-121' - 0"
OPEN
ECS-1
F17
F17F17
F17F17
F17 F17
GYP-18' - 0"
GYP-18' - 0"
F17 F17
F17F17
F17
F17F17
F17
F21 F21 F21
F21 F21F21 F8 GYP-18' - 0"
F18AF18AF18AF18A
F17
F17
F17
F17
F17
F17 F17
F17F17
F17 F17
F17 F17 F17 F17 F17
F17F17F17
F17 F17 F17
F17F17F17
F17 F17 F17
F17
F17
F17F17F17
F17
F17F17
F17
F17 F17F17
F17
F17F17
F17
F17 F17
F17
F17 F17
F17
F17
F17
F21
F17
F17
F17
F17
F17
F17 F17
F17
F17
F17
F17
F17 F17
F17
F18A F18A F18AF18AF18AF18A
GYP-18' - 0"
RCP LEGEND
ACT-1
24" X 72" T-BAR CEILING MESH
ACT-2
24" X 24" WHITE HALCYON (98223)
INTERIOR ACOUSTIC CEILING TILE
GYP-1GYP. BOARD CEILING TO BE PAINTED; REFER TO FINISH SCHEDULE FOR COLOR
BCLG-1ILLUMINATED CEILING (SIZE VARIES)
ECS-1EXPOSED CEILING STRUCTURE TO BE PAINTED P-4
GL-4
DARK TINTED GLASSMULTIPLANE LOW-E
ACM-1BASALT GRAY ACM
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D140 - PROPOSED REFLECTED CEILING PLANS
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
0 2 4 8 16
SCALE: 1/8" = 1'-0"N N
TRUE NORTH PROJECT NORTH
1/8" = 1'-0"1 REFLECTED CEILING PLAN - FIRST FLOOR
1/8" = 1'-0"2 REFLECTED CEILING PLAN - SECOND FLOOR
TRUE NORTH PROJECT NORTH
109
UP
1/4
"
/
1
2
"
1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"1/4" / 12"
1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"
1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"1/4" / 12"
1/4" / 12"1/4" / 12"1/4" / 12"
1/4" / 12"1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"1/4" / 12"1/4" / 12"1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4" / 12"1/4" / 12"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
1/4
"
/
1
2
"
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D150 - PROPOSED ROOF PLAN
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1/8" = 1'-0"1 COMPOSITE ROOF PLAN
0 2 4 8 16
SCALE: 1/8" = 1'-0"N N
TRUE NORTH PROJECT NORTH
110
LEVEL 1 F.F.0' -0"
SITE-0' -6"
B.O. ACM-1 FASCIA20' -0"
T.O. ACM-1 FASCIA
25' -0"
LEVEL 2 F.F.12' -9 1/2"
T.O. EV BAYS19' -4"
GL-2B
PARKING
GARAGE
1' -
6
"
9' -
0
"
26
'
-
5
"
PROPOSED BUILDING SIGN51 SF
1.5' HEIGHT x 34' LENGTH
PROPOSED BUILDING SIGN20 SF
2' HEIGHT x 10' LENGTH
LEVEL 1 FINISH FLOOR = 11.25'
REF: CIVIL
ACM-1 P-1ACM-2
LEVEL 1 F.F.0' -0"
SITE-0' -6"
T.O. ACM-1 FASCIA25' -0"
LEVEL 2 F.F.12' -9 1/2"
T.O. EV BAYS19' -4"
PARKINGGARAGE134
26
'
-
6
"
LEVEL 1 FINISH FLOOR = 11.25'
REF: CIVIL
ACM-1
GL-2BGL-2B
PARTS MEZZANINE10' -6"
LEVEL 1 F.F.0' -0"
SITE-0' -6"
B.O. ACM-1 FASCIA20' -0"
T.O. ACM-1 FASCIA25' -0"
LEVEL 2 F.F.12' -9 1/2"
T.O. EV BAYS
19' -4"
PARKING
GARAGE
134
26
'
-
5
"
EV LAB
125
LEVEL 1 FINISH FLOOR = 11.25'
REF: CIVIL
?
LEVEL 1 F.F.0' -0"
T.O. ACM-1 FASCIA25' -0"
LEVEL 2 F.F.
12' -9 1/2"
T.O. EV BAYS19' -4"
26
'
-
6
"
LEVEL 1 FINISH FLOOR = 11.25'REF: CIVIL
ACM-1
GL-2B
GL-2B P-1
ELEVATION LEGEND
ACM-1BASALT GRAY ACM
ACM-2
TRICORN BLACK ACM
EIFS-1
EIFS TO BE PAINTED P-1; REF EXTERIOR
FINISH SCHEDULE
GL-2
EXTERIOR CURTAIN WALL GLAZING
P-1
SW 7076 CYBERSPACE
P-3
SW 6258 TRICORN BLACK
GL-4
EXTERIOR STOREFRONT GLAZING
GL-3ATRIUM SKYLIGHT GLAZING
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D200 - PROPOSED BUILDING ELEVATIONS
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1/8" = 1'-0"1 PROPOSED BUILDING ELEVATION - FRONT
1/8" = 1'-0"3 PROPOSED BUILDING ELEVATION - N.V.D.
1/8" = 1'-0"2 PROPOSED BUILDING ELEVATION - BACK
1/8" = 1'-0"4 PROPOSED BUILDING ELEVATION - SERVICE
EXTERIOR MATERIAL SCHEDULE
TAG MANUFACTURER MODEL / SERIES STYLE / COLOR
GL-3 OLDCASTLE BMS-300 RIDGE METAL FRAME SKYLIGHT, COLOR:BLACK CLEAR ANODIZED, SOLARBAN72 LOW E, 1/4" PPG
LANDSCAPE
PV-1 ORCO PAVINGSTONES BORREGO ANTIQUE COBBLEINTERLOCKING, #24017
PV-2 LOCAL SUPPLIER MEXICAN BEACH PEBBLES GREY
PV-3 LOCAL SUPPLIER POLISHED BEACH PEBBLES BLACK
PV-4 PORCELONA PARADISE LAKE STONE NEGRO
ROOF
TPO TBD TBD GRAY
EXTERIOR MATERIAL SCHEDULE
TAG MANUFACTURER MODEL / SERIES STYLE / COLOR
EXTERIOR
ACM-1 ALUCOBOND
ALUMINUM COMPOSITE METALPANEL COLOR: BASALT GREY PVDF-2,MATTE
ACM-2 ALUCOBOND
ALUMINUM COMPOSITE METAL
PANEL COLOR: TRICORN BLACK SMP, MATTE
P-1 SHERWIN WILLIAMS TBD SW 7076 CYBERSPACE FINISH: FLAT
P-3 SHERWIN WILLIAMS TBD SW 6258 TRICORN BLACK FINISH:
EGGSHELL
GLASS
GL-2A OLDCASTLE RELIANCE CASSETTE
2-1/2" X 10", 4 SIDED BUTT GLAZED
CURTAIN WALL FRAMING SYSTEM,
COLOR: BLACK
GL-2B SOLARBAN 72 LOW E, 1/4" PPG,INSULATED GLASS
0 2 4 8 16
SCALE: 1/8" = 1'-0"
111
LEVEL 1 F.F.0' -0"
SITE-0' -6"
B.O. ACM-1 FASCIA20' -0"
T.O. ACM-1 FASCIA25' -0"
LEVEL 2 F.F.12' -9 1/2"
T.O. EV BAYS19' -4"FIRST FLOOR
FOUNDATION
PLAN0"
SECOND FLOOR
FRAMING PLAN12' -9 1/2"
ROOF FRAMING
PLAN24' -2 1/8"
A.1 A B C D E F
D.1A.2
1' -
6
"
9' -
0
"
2'-6" TO GRADE 25
'
-
0
"
NEW RETAINING WALL 26
'
-
5
"
6' - 0" TO GRADE
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D201 - SITE ELEVATION
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1" = 20'-0"1 PROPOSED SITE ELEVATION - FRONT
0 4020
SCALE: 1" = 20'
5 10
112
LEVEL 1 F.F.0' -0"
LEVEL 2 F.F.12' -9 1/2"
COVERED PARKING
SECOND LEVEL
SHOWROOMRESTROOMS
RESEDENTIAL
PROPERTY ABOVE
FIRST FLOOR
FOUNDATIONPLAN0"
SECOND FLOOR
FRAMING PLAN12' -9 1/2"
ROOF FRAMING
PLAN24' -2 1/8"
1.1
2
3 3.5 3.6
4
1.3 1.4 1.6 1.8
1
1.2 2.8 4.54.6
THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT. THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.
D205 - PROPOSED SITE SECTIONS
10/13/2023
GENESIS OF NEWPORT BEACH
400 WEST COAST HWY, NEWPORT BEACH, CA 92663
1/8" = 1'-0"1 SITE SECTION
113
INTE
N
T
I
O
N
A
L
L
Y
B
L
A
N
K
P
A
G
E
114
Attachment No. PC 8
Tentative Parcel Map
115
INTENTIONALLY BLANK
P
A
G
E
116
WEST COAST HIGHWAY
X
MTE
EC
0.32'8
10
5'
11
12
10
5'
11
10.54FS
26
24
22
18
16
14
20
28
38
36
34
32
40
30
48
46
50
44
42
56
54
52
58
62
60
64
66
44
42
3836
34
32
28
26
24
22
18
16
14
40
30
20
32
2826
2422
18
16
30
20
28
34
3230
36
1820
24
22
26
30
28
32
16 16
14 14
1
4
14
12
12
12
12
12
12
12
12
10
10
MWS
EV VAN ACCESS
VAN ACCESSIBLE
PROPOSED
BUILDING
11.25FF
9.75PAD
COVERED PARKING
GARAGE
11.25FF
9.75PAD
PROPOSED
BUILDING
11.25FF
9.75PAD
17
16
12
12
13
15
12
15
14
12
12
18
1920 13
13
14
151617181920
17
14
14 13
20 1918
1416
13
12
14
17 16 15
13
11 11 11
11
11
11
11
11
10.24TC9.74FL9.87FS
MATCH(10.92FS)MATCH(10.35FS)MATCH(10.58FS)MATCH(10.99FS)MATCH(10.27FS)MATCH(10.16FS)MATCH(10.03FS)MATCH(9.83FS)MATCH(9.98FS)
MATCH(10.57TC)(10.07FL)(10.20FS)
10.57FS10.68FS 10.62FS 11.30FS
11.34FS0" CF
11.28FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
DOOR11.25FF11.23FS
10.61FS
11.00TG
11.04TG
11.13FS 11.13FS
11.38FS
11.12TC10.79FS
11.00TG10.67TG11.27TC10.77TG
12.80TC12.30FL12.43FS
26.00TW25.25FL-DITCH19.50FG-BW
10.81FS 10.94FS 11.03FS 11.06FS 11.63TC11.13FS-R
11.00TC10.50FS 10.67FS 10.71FS 10.75FS
11.29TC10.79FS
11.89TC11.39FS
15.88TC15.38FS
13.38TC12.88FS-GB
12.74TC12.24FS
WALL H: 8.00'26.00TW25.25FL-DITCH18.00TC-BW17.50FS
WALL H: 7.62'22.50TW21.75FL-DITCH14.88TC-BW14.38FS
14.08TC13.58FS
13.58TC13.08FS
WALL H: 1.92'16.00TW15.25FL-DITCH14.08TC-BW13.58FS
WALL H: 7.80'22.50TW21.75FL-DITCH14.70TC-BW14.20FS
14.70TC14.20FS
14.00TC13.50FS
16.10TC15.60FS
WALL H: 7.73'24.50TW23.75TG-DITCH16.77TC-BW16.27FS
WALL H: 7.90'24.00TW23.25FL-DITCH16.10TC-BW15.60FS
13.94TC13.44FS
WALL H: 7.00'21.50TW20.75FL-DITCH14.50TC-BW14.00FS
18.00TC17.50FS
16.32TC15.82FS
16.60TC16.10FS
12.72TC12.22FS 12.66TC12.16FS
14.13TC13.63FS
13.57TC13.07FS
14.50TC14.00FS
14.88TC14.38FS
12.29TC12.79FS-GB
12.19TC11.69FL11.82FS
12.13TC11.63FL11.76FS 11.36TC10.86FS
11.42FS
11.39FS
11.08TC-FS
11.66TC11.16FS
11.73TC11.23FS
DOOR11.79FF11.77FS
11.15TC10.82FS
11.25TC-FS
11.56TC11.06FS
11.49TC10.99FS
11.13FS
13.47TC12.97FS
11.48FS 11.23FS
11.57TC11.07FS
14.38TC13.88FS
PROP. DROPINLET10.74TG
10.70FS
11.25FS
11.06TC10.73FS
13.72TC13.22FS
13.13TC12.63FS
10.99TC10.49FS-BOW
11.13TC10.63FS
10.55FS
11.17FS
11.10FS
WALL H: 3.12'17.50TW16.75FL-DITCH14.38TC-BW13.88FS
WALL H: 1.28'15.00TW14.25FL-DITCH13.72TC-BW13.22FS
WALL H: 0.00'14.50TW13.25TG-DITCH14.50FG-BW
MATCH(10.02FS)MATCH(10.09FS)MATCH(9.59FS)MATCH(9.89FS)
MATCH(9.80FS)MATCH(10.73FS)MATCH(11.24FS)MATCH(11.47FS)
MATCH(11.47FS)
MATCH(13.00TC)(12.54FL)MATCH12.67TC12.17FL(12.34FS)
10.55FS10.68FS
9.93LIP9.89FL10.02FS10.40TC9.90FL10.03FS
9.86LIP9.82FL9.95FS
9.80LIP9.76FL9.89FS10.46TC9.96FL10.09FS
10.55TC10.05FL10.18FS
9.65TC9.15FL9.28FS
10.12TC9.62FL9.75FS
9.82TC9.32FL9.45FS
9.99TC9.49FL9.62FS
10.15TC9.65FL9.78FS
10.32TC9.82FL9.95FS
10.46TC9.96FL10.09FS
10.51TC10.01FL10.14FS10.06LIP10.02FL10.15FS
10.11LIP10.07FL10.20FS 10.12LIP10.08FL10.21FS
10.58TC10.08FL10.21FS
11.26FS
11.09TC10.59FL10.72FS10.63LIP10.59FL10.72FS
10.78TC10.28FL10.41FS
10.88TC10.38FL10.51FS
10.99TC10.49FL10.62FS 10.68LIP10.64FL10.77FS
11.14TC10.64FL10.77FS
11.40TC10.90FL11.03FS
11.28TC10.78FL10.91FS 11.50TC11.00FL11.13FS
11.75TC11.25FL11.38FS11.37LIP11.33FL11.46FS
11.79LIP11.75FL11.88FS12.33LIP11.83FL11.96FS
10.87TC10.37FS 10.40TC9.90FS
10.65LIP10.61FL10.84FS
(11.39TC)(10.89FS)
11.21TC10.71FS
10.57TC10.07FS 10.74TC10.24FS 10.91TC10.41FS
10.96TC10.46FS-CC
10.86TC10.36FS-CC
11.17TC10.67FS-BOW10.17TG
11.06TC10.72FS
13.28TC12.78FS-GB
11.47TC10.97FL-CC11.10FS
11.15TC10.65TG11.28TC10.78TG
11.43TC10.93FS 10.72FS
11.04TC10.74FS
12.51FS12.17FS
(12.77TC)(12.27FS)
(13.11TC)(12.61FS)
MATCH(13.21FS)
12.21TC11.71FS
12.00TC11.50FS
10.94TC-FS
2.0
%
2.0
%
7.6
%
9.5
%
1.0
%
1.0
%
1.0%
1.0
%
1.0%
2.0
%2.0
%
2.0%
1.8%
10.
0
%
10.
0
%
0.7%0.7%0.7%0.7%
12.0
%
3.8%1.4%3.8%
2.0
%
2.0
%
0.7%
5.0
%
4.0
%4.0%
4.0
%
4.0
%
4.0%4.0%3.2
%
0.5%0.5%
1.8%MAX 1.8%MAX1.8%MAX
2.0
%2.0
%
1.2%
0.5%0.5%
1.8
%
1.4
%
1.8
%
1.8
%
1.0%
1.0%
0.5%
1.1
%
1.0
%
0.5
%
0.5
%
0.5%
2.0%2.2%0.8%
1.0
%
4.5
%
1.0%
0.5%
2.4
%
2.8%
3.9
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%2.0
%
2.0
%
2.0
%
6.0
%
8.1
%
6.9
%
5.5
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
2.0
%
4.7
%
7.8
%
10.
0
%
6.5
%
6.2
%
8.0
%
2.0
%2.0%2.0
%
2.0
%
9.8
%2.0
%
0.5%
1.0%
4.1
%
4.1
%
3.
9
%
5.
5
%
4.2
%
3.5%
4.0
%
38.00TW(37.50FS)36.00TG-DITCH11.25FFE
25.75TW(25.25FS)23.75TG-DITCH11.25FFE
36.25TW(35.75FS)34.25FL11.25FFE 22.75TW(22.25FS)20.75TG-DITCH11.25FFE
22.75TW(22.25FS)20.75FL11.25FFE
32.75TW(32.25FS)30.75FL11.25FFE
16.18FS(15.68FS-E)11.09FS-W
15.50FS(14.50FS-E)11.05FS-W
LIMITS OFCALTRANS W.COAST HIGHWAYWIDENING (TYP.)
N01
°
4
7
'
5
5
"
W
1
3
3
.
5
2
'
S88°12'05"W 550.03
S01
°
4
7
'
5
5
"
E
1
3
8
.
1
0
'
N88°58'28"E 550.08
50
.
0
'
38
.
0
'
12
.
0
0
DE
D
I
C
A
T
I
O
N
12
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EXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINE
PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE
PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE
TENTATIVE PARCEL MAP NO. _________
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLWWS:
LOTS 7 TO 17, INCLUSNE, OF TRACT NO. 1210, IN THE CITY OF NEWPORTBEACH,AS SHOWN ON AMAP RECORDED IN BOOK
40 AT PAGES 45 ANID 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH SHOWN
BELOW BUT WITH NO RIGHT OF SURFACE ENTRY, DEPTH 500 FEET, AS PROVIDED IN DEED RECORDED JUNE 2, 1969 IN BOOK
8974 AT PAGE 265 OF OFFICIAL RECORDS.
APN: 049-280-86
(400 WEST COAST HIGHWAY)
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA
BENCHMARK:SUBDIVIDER PREPARED BY:
COMMERCIAL DEVELOPMENT RESOURCES
695 TOWN CENTER DRIVE #110
COSTA MESA, CA 92626
949-610-8997
LEGEND
(XXX) RECORD DISTANCE PER CITY OF NEWPORT BEACH
TRAC, NO. 1210, LOTS 7 TO 17.
PROPOSED BUILDING LINE
EXISTING BUILDING LINE
CL CENTERLINE
CONC CONCRETE
FF FINISH FLOOR
FG FINISH GRADE
FL FLOWLINE
FS FINISHED SURFACE
TC TOP OF CURB
RECORD OWNER
US AUTO TRUST - MR. MATT KAISER
10250 CONSTELLATION BOULEVARD, SUITE 2850
LOS ANGELES, CA 90067
THE BENCHMARK FOR THIS SURVEY IS A ORANGE COUNTY BM#3K-24A-82. DESCRIPTION: DESCRIBED
BY OCS 2002 - FOUND 3 34" OCS ALUMINUM BENCHMARK DISK STAMPED "3K-24A-82", SET IN THE TOP
OF A CONCRETE BRIDGE DECK. MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF THE
INTERSECTION OF PACIFIC COAST HIGHWAY AND NEWPORT BAY CROSSING, 42 FT. SOUTHERLY OF
THE CENTERLINE OF PCH AND 37 FT. EASTERLY OF THE WEST END OF THE SOUTHERN GUARD RAIL
ALONG BRIDGE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.
ELEVATION: 19.353 DATUM: NAVD88 (LEVELED IN 2015)
US AUTO TRUST - MR. MATT KAISER
10250 CONSTELLATION BOULEVARD, SUITE 2850
LOS ANGELES, CA 90067
SC
A
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:
1
'
=
5
'
EASEMENTS
TERMS, CONDITIONS, STIPULATIONS AND
EASEMENT(S) FOR PERPETUAL AIR OR
FLIGHT EASEMENT, SOMETIMES REFERRED
TO AS AVIGATION RIGHTS IN FAVOR OF THE
COUNTY OF ORANGE RECORDED MARCH 17,
1964 IN BOOK 6995 AT PAGE 721 OF OFFICIAL
RECORDS. THIS ITEM AFFECTS THE SUBJECT
PROPERTY. IT IS BLANKET IN NATURE AND
NOT PLOTTED HEREON.
COVENANTS AND RESTRICTION(S) AS
CONTAINED IN THE DEED RECORDED JUNE
2, 1969 IN BOOK 8974 AT PAGE 265 OF
OFFICIAL RECORDS. THIS ITEM AFFECTS THE
SUBJECT PROPERTY BUT IS BLANKET IN
NATURE AND IS NOT PLOTTED HEREON.
TERMS, CONDITIONS AND STIPULATIONS AS
SET FORTH IN THE "GRANT OF
ENCROACHMENT EASEMENT" RECORDED
JULY 2, 2012 AS INSTRUMENT NO.
2012000376353 OF OFFICIAL RECORDS. THIS
TEM BENEFITS THE SUBJECT PROPERTY AND
IS PLOTTED HEREON.
THE TERMS AND CONDITIONS OF THE LEASE
REFERRED TO IN SCHEDULE A, PARAGRAPH
N0. 2, A MEMORANDUM OF LEASE OF WHICH
WAS RECORDED SEPTEMBER 4, 2018 AS
INSTRUMENT NO. 2018000323131. THIS TEM
AFFECTS THE SUBJECT PROPERTY BUT IS
BLANKET IN NATURE AND IS NOT PLOTTED
HEREON.
EASEMENT FOR THE INSTALLATION, USE AND
MAINTENANCE OF TELECOMMUNICATIONS
FACILITIES, IN FAVOR OF THE PACIFIC
TELEPHONE AND TELEGRAPH COMPANY,
ALONG THE NORTHERLY FIVE (5) FEET OF
THE LAND, AS SET FORTH IN THE GRANT OF
EASEMENT RECORDED SEPTEMBER 29, 1949
IN BOOK 1909 AT PAGE 515. THIS ITEM
AFFECTS THE SUBJECT PROPERTY AND IS
PLOTTED HEREON.
EASEMENT FOR THE INSTALLATION, USE AND
MAINTENANCE OF FACILITIES FOR THE
TRANSMISSION AND DISTRIBUTION OF
ELECTRICAL ENERGY, IN FAVOR OF THE
SOUTHERN CALIFORNIA EDISON COMPANY,
ALONG THE NORTHERLY FIVE (5) FEET OF
THE LAND, AS SET FORTH IN THE GRANT OF
EASEMENT RECORDED IN BOOK 2251 AT
PAGE 319. THIS ITEM AFFECTS THE SUBJECT
PROPERTY AND IS PLOTTED HEREON.
THE EFFECT OF AN "OFFER OF DEDICATION
FOR STREET, HIGHWAY AND UTILITIES
PURPOSES: RECORDED FEBRUARY 28, 2013
AS INSTRUMENT NO. 2147483647. THIS ITEM
AFFECTS THE SUBJECT PROPERTY AND IS
PLOTTED HEREON.
THE EFFECT OF RECORDED OF SURVEY NO.
2013-1124, RECORDED IN RECORD OF
SURVEY BOOK 270 AT PAGE 21. THIS ITEM
AFFECTS THE SUBJECT PROPERTY BUT IS
BLANKET IN NATURE AND IS NOT PLOTTED
HEREON.117
INTE
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118
March 7, 2024, Planning Commission Item 1 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 1. MINUTES OF FEBRUARY 22, 2024
The passages in italics are from the draft minutes, with corrections suggested in strikeout
underline format.
Page 3 of 5, paragraph 3 from end, sentence 2: “Acting Deputy Community Development
Director Murillo added that the proposed Queen Palms are similar to the existing palm trees, but
located just outside of the project site, and should be cohesive.” [The proposed trees would be
inside the project area. The comparison was to existing trees outside the project area.]
Page 3 of 5, last paragraph: “Jim Mosher noted the difference between the past and the current
proposal for the property, provided a perspective on implementing the nonconforming structures
section of the City’s Local Coastal Program Implementation Plan, and suggested changes to the
retaining wall along the front property line to improve visional visual enjoyment of the area.”
Page 4 of 5, paragraph 2: “Karen Carlson, 2616 Cove Road Street, suggested changing the
property address”
Page 4 of 5, paragraph 4: “In response to public comment,Mr. Daniel Martinez described the
incorporation of bio-retention basins to contain all stormwater onsite, explained the approach to
the cantilever design, and clarified that the proposed elevator is within the height requirements
of the zoning code.” [At this point, there were two “Mr. Martinez” participating, making the
minutes ambiguous unless identified by first name.]
Planning Commission - March 7, 2024 No. 1a Additional Materials Received Draft Minutes of Febraury 22, 2024
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Jenny Tran, Assistant Planner
Date: February 28, 2024
Re: Item No. 2: Genesis Automobile Dealership Appeal
________________________________________________________________
A letter from James F. Carlson, chairman of The Coalition to Protect Mariners’
Mile, was provided citing an appeal of the Zoning Administrator’s decision with
concerns regarding the 6-inch encroachment into the rear setback area including
a hillside slope with residential above. However, it should be noted that Mr. Carlson
did not formally appeal the decision but the letter is provided for consideration.
Enc. Letter from The Coalition to Protect Mariners’ Mile
Existing site photographs
Planning Commission - March 7, 2024
Item No. 2a - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
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Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
INTENTIONALLY BLANK
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Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 Item No. 2a - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
5874.101 / 15624240.1
Newmeyer & Dillion LLP
895 Dove Street
Second Floor
Newport Beach, CA 92660
(949) 854-7000
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
Charles S. Krolikowski
Charles.Krolikowski@ndlf.com March 5, 2024
VIA EMAIL AND US MAIL
Curtis Ellmore, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
planningcommission@newportbeachca.gov
Re: Genesis Automobile Dealership PA2023-0094 at 320-600 West Coast
Highway - Appeal of Zoning Administrator Approval Resolution 2024-005
Dear Chair Ellmore and Fellow Commissioners:
This office represents Maryam Parman, (“Appellant” or "Owner") resident of
Newport Beach (“City”) and owner property directly on the slope above (Kings Road)
the proposed Genesis Automobile Dealership (PA2023-0094) (“Project”) located at 320,
400, 410, 500 and 600 West Coast Highway, Newport Beach (“Property”). Appellant
appeals the City Zoning Administrator’s adoption of Resolution No. 2024-005 (“ZA
Resolution”), approving a minor use permit, minor site development review, modification
permit, and tentative tract map. We understand that the City intends to hold the
Planning Commission meeting on March 7, 2024. Owner submits this letter as support
of her appeal.
Notice of the March 7, 2024, Planning Commission Hearing is defective.
Appellant and other interested parties did not receive notice of the March 7, 2024,
Planning Commission hearing in accordance with the Newport Beach Municipal Code
(“NBMC”) notice requirements, which mandates at least 10 days' notice. (See NBMC, §
20.62 et seq.) We learned that the City intended to place the hearing on the March 7,
2024, agenda only by emailing the City’s planning staff on February 28, 2024. Staff
noted that public notices were being mailed that day, only eight days prior to the
hearing. This is not sufficient time to evaluate the Project’s supporting documents or its
impact on the surrounding community.
Despite this lack of proper notice, the documents show the City’s environmental
review is severally lacking and legally insufficient for the Project. Even by reviewing the
Project documents, it is clear the Project is neither exempt via Class 1 nor Class 32
despite the Zoning Administrator’s (“ZA”) findings. The City now also claims that the
Planning Commission - March 7, 2024
Item No. 2b - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
Curtis Ellmore
March 5, 2024
Page 2
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Project is exempt via Class 3 per the Planning Commission’s March 7 Staff Report
(“March 7 Staff Report”). Still, the record shows little to no information regarding the
Project’s impacts to traffic, noise, emissions, or potential damage to nearby residential
properties (sensitive receptors). Instead, the City attempts to mitigate the Project into a
categorical exemption by utilizing conditions of approval in violation of CEQA.
1. Project Description.
Applicant Genesis of Newport Beach, LLC’s (“Applicant”) Project involves the
merging of eleven lots, the complete demolition and scraping of the existing multiple on-
site structures (approx. 14,500 square feet and associated site improvements), and the
construction and operation of a large new automobile dealership. (ZA Staff Report
2/1/24.) Whereas the various structures were scattered across the Property’s various
lots, all of the new structure(s) will be massed on one side of the Property. The
proposed dealership includes a 19,952 square foot two-story (25-foot height), building
with a showroom, sales office, storage area, maintenance space, and employee area.
The staff report claims that the Applicant will only sell and repair electric vehicles at the
Property and notes that further requests to service internal combustible engines will
require a modification permit. The Project also requests a 6-inch encroachment into the
5-foot rear setback, cutting into a coastal bluff with residences directly above it, removal
of above ground utility poles, and dedication of twelve feet of the Property along West
Coast Highway with relocation of the curb and sidewalk.
2. Hearing Procedures And Improper Notice Requirements.
NBMC section 20.64 governs the appeals process from a decision from the
Zoning Administrator. The Planning Commission’s review of the Project and approvals
is de novo. (NBMC, § 20.64.030.C.3.a.) Notice of the hearing shall be provided in
accordance with NBMC section 20.62, which mandates at least 10 days' notice. (Id.,
§ 20.64.030.C.3.b.) The Planning Commission must consider the same application,
plans, and project-related materials that were subject of the original decision. (Id., §
20.64.C.3.d.)
Here, the March 7 Staff Report states that notice of the hearing was sent via mail
in accordance with the NBMC. (March 7 Staff Report, p. 18.) This is a material
misstatement. As of March 1, 2024, Owner had yet to receive notice of the March 7,
2024 hearing by mail. It was only after this office contacted Planning staff on February
28, 2024, did the Owner discover the upcoming hearing date. In response, City Staff
noted in writing that the hearing notices would be mailed out that day (only 8 days
before the hearing). (See Exhibit 1.) This is a due process violation.
Further, the March 7 Staff Report provides sufficiently more information regarding
the Project than the ZA Staff Report from February 1, 2024 – in violation of the NBMC.
For example, the ZA never reviewed the City staff’s determination that the Project is
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Curtis Ellmore
March 5, 2024
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Class 3 exempt. It was only after this appeal was submitted that City staff purportedly
determined that the Project can be considered “Class 3 exempt.”
3. The Project’s Environmental Review is Scant and Not Legally Viable.
The basic purposes of CEQA are fourfold:
(a) To inform governmental decision makers and the public about the
potential, significant environmental effects of proposed activities;
(b) To identify ways that environmental damage can be avoided or
significantly reduced;
(c) To prevent significant, avoidable damage to the environment by requiring
changes in projects through the use of alternatives or mitigation measures
when the governmental agency finds the changes to be feasible; and
(d) To disclose to the public the reasons why a governmental agency
approved the project in the manner the agency chose if significant
environmental effects are involved.
(Cal. Code Regs., tit. 14 (“CEQA Guidelines”), § 15002.) At its heart, therefore,
CEQA is a public disclosure statute.
CEQA is a three-tiered process: (1) an agency to conduct a preliminary review to
determine whether CEQA applies to a proposed project; (2) If CEQA applies, the
agency must proceed to the second tier of the process by conducting an initial study of
the project; (3) An environmental document is prepared depending upon the findings set
forth in the initial study. (Save Our Big Trees v. City of Santa Cruz (2015) 241
Cal.App.4th 694, 705.)
CEQA broadly defines a “project” as “an activity which may cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment, and … that involves the issuance to a person of a lease,
license, certificate, or other entitlement for use by one or more public agencies.”
(Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora (2007) 155
Cal.App.4th 1214, 1222, citing Public Resources Code § 21065.) The statutory
definition is augmented by the CEQA Guidelines, which define a “project” as “the whole
of an action, which has a potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the
environment....” (Id. citing 14 CCR § 15378, subd. (a).) The term “project” refers to the
activity which is being approved and which may be subject to several discretionary
approvals by governmental agencies. It does not mean each separate governmental
approval. (Id. citing 14 CCR § 15378; see also County of Amador v. El Dorado County
Water Agency (1999) 76 Cal.App.4th 931, 966-967 [finding that although the ‘existing
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facilities’ exemption would properly apply to a mere ownership transfer of an existing
hydroelectric facility, the fact that the project also proposed to modify operation of the
facility to permit consumptive use of additional water constituted a “major change in
focus” of the existing facility that could not be considered categorically exempt from
CEQA].)
If an agency claims that a project is categorically exempt, it must provide
substantial evidence in the record that the project satisfies the criteria to qualify for that
exemption. (Id.)
A. The Project is Not Class 1 Exempt.
The key consideration for Class 1 exemption is whether the project involves
negligible or no expansion of an existing use. (14 CCR § 15301; County of Amador
v. El Dorado County Water Agency (1999) 76 Cal.App.4th 931, 966-967 [finding that
although the ‘existing facilities’ exemption would properly apply to a mere ownership
transfer of an existing hydroelectric facility, the fact that the project also proposed to
modify operation of the facility to permit consumptive use of additional water constituted
a “major change in focus” of the existing facility that could not be considered
categorically exempt from CEQA].) Application of the existing facilities exemption
CEQA categorical exemptions depends is to ascertain the baseline against which the
agency is to measure the project’s environmental impact.
Specifically for the existing facilities exemption (Class 1) the City must ascertain
the extent to which the applicant seeks to change the ongoing operations at the
property. (See Committee for a Progressive Gilroy v. State Water Resources Control
Board (1987) 192 Cal.App.3d 847, 864-865 [prior environmental evaluation is a relevant
factor in whether an existing facility exemption should be applied]; Azusa Land
Reclamation Company v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th
1165, 1194-1195 [a minor alteration to a facility cannot be an activity that creates a
reasonable possibility of a significant environmental effect].)
In Resolution 2024.005, the ZA finds a Class 1 exemption applies because the
Project “includes improvements to West Coast Highway to realign the curb line, extend
the existing transition area, and allow for the construction of a bike lane.” (Resolution,
Section 2.) However, that is only on a portion of the Project, not its entirety. A lead
agency cannot categorically exempt a project where one aspect of the project – taken
independently – is categorically exempt.
The Project is the entirety of the actions required to build and construct the
Applicant’s proposed Genesis automobile dealership. As noted, this includes the legal
consolidation of eleven separate lots, the demolition and scraping of the existing
commercial structures on those lots, the removal of existing utilities and easements, the
realignment of West Coast Highway, and the construction of a 26-foot high, 20,000
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Curtis Ellmore
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square foot automobile dealership in a heavily traversed corridor. The Project simply
cannot fall within the Class 1 distinction and the record provides no evidence to support
the City’s initial environmental findings.
B. The Project is Not Class 3 Exempt.
After the ZA’s hearing and this appeal, the City Staff Report now astonishingly
claims the Project is Class 3 exempt. (March 7, 2024 Report, p. 17.) Class 3
exemption consists of projects involving construction and location of limited numbers of
new, small facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one use to
another where only minor modifications are made in the exterior of the structure.
(14 CCR § 15303.) One such example of this is commercial buildings such as store
fronts, offices, restaurants, and other similar structures not exceeding 10,000 square
feet in an urbanized area.
In the March 7 Staff Report, the Applicant and City staff weave a tale that the
Project will only net increase the structural square footage of the Property (currently
eleven separate lots to be converted into one large property) approximately 5,000
square feet from its current onsite commercial buildings at 14,500 square feet. The City
argues that this net increase of approximately 5,000 square feet therefore falls under
the threshold of the 10,000 feet for new commercial buildings accordance with CEQA
Guidelines section 15303, subsection c. However, that analysis fails to acknowledge
the change involves the complete renovation and demolition of the prior commercial
buildings, not the “conversion” of them.
The reasoning for the Class 3 exemption in the March 7 Staff Report also falls
short because, following its logic, any increase in square footage below a 10,000 square
foot threshold could constitute a Class 3 exemption. For example, this very same
Project could be approved, be completely scrapped, then expanded to a 25,000 square
foot structure – all without obtaining any environmental review. This is not the intent of
CEQA environmental exemptions. Class 3 involves small increases in similar structures
and uses, not net increases in following lot consolidation, full demolition of the Property,
and redevelopment amassed on one-side of the Property. The change from separate
lots with small commercial stores and offices to an automobile dealership is not similar.
The City staff’s reliance upon Walters v. City of Redondo Beach is unfounded.
There, a 5,000 foot car wash was being replaced by a 4,000 square foot joint car wash
and coffee house. (Walters v. City of Redondo Beach (2016) 1 Cal.App.5th 809, 814-
815.) The applicant provided both traffic and noise studies showing the project would
not have a significant impact on the surrounding residential properties. Neither was
provided here.
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C. The Project is not Class 32 Exempt.
To meet a Class 32 in-fill development exemption, the City must find by
substantial evidence that:
(a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well
as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a
project site of no more than five acres substantially
surrounded by urban uses.
(c) The project site has no value, as habitat for endangered,
rare or threatened species.
(d) Approval of the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities
and public services.
(14 CCR § 15332.)
The record provides insufficient evidence to support the City’s findings that the
Project does not result in significant impacts to traffic, noise, or air quality. In evaluating
of the Project’s traffic impacts, the City relies upon a preliminary review of a purported
traffic analysis which conveniently shows the Project will generate 299 net daily trips –
one less than the 300 required to initiate a traffic study per City Council policy K-3.
(March 7 Staff Report, p. 16.) This traffic analysis has not been provided as supporting
documentation in either the ZA or Planning Commission staff reports. The public
therefore cannot determine how this conclusion was reached. The record does not
support the determination that the Project will not significantly increase traffic near a
major intersection on West Coast Highway. (See, United Neighborhoods for Los
Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074, 1097.)
The City also relies upon assurances that the Project will not generate significant
additional noise or emissions because the Applicant will only sell and service electric
vehicles at the dealership. (March 7 Staff Report, p. 17.) The City Staff Report finds
that condition of approval No. 14 ensures any change in this service would require an
additional modification permit or minor use permit. (March 7 Staff Report, p. 17.)
However, the condition only applies to service of combustible engines, not the sale of
them. While Genesis may have the lofty goal of only selling EV vehicles by 2025 and
becoming carbon neutral by 2030, the conditions do not require them to do so. On the
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contrary, several recent car manufacturers have changed course by reducing EV
production.1 There are simply no assurances Genesis will not do the same.
Thus, actual noise, traffic and emissions studies must be performed to ensure
that the Project’s impacts are properly evaluated and its significant impact mitigated, if
possible.
D. The Project Has Unusual Circumstances Constituting an Exception
and Requires Further Environmental Review.
Courts have found the unusual circumstances exception applies if two elements
are met: (1) the project has some feature that distinguishes it from others in the exempt
class, such as its size or location; and (2) there is “a reasonable possibility of a
significant effect [on the environment] due to that unusual circumstance." (IBC Bus.
Owners for Sensible Dev. v. City of Irvine (2023) 88 Cal. App. 5th 100, 132 citing
Respect Life South San Francisco v. City of South San Francisco (2017) 15 Cal.App.5th
449, 456.)
The Project requests a modification permit to encroach into the rear setback of
the Property. This rear setback includes a coastal bluff with a steep slope
(approximately 45 degrees). Residential homes along King’s Road (including Owner’s
home) abut the coastal bluff directly above the Property. Even the smallest
encroachment into the rear setback slope can cause grave physical impacts to the
slope and properties above. One only need to look at recent examples of properties in
Dana Point and San Clemente to show the potential hazardous effects landslides can
have on such properties.2 The City offers no evaluation of the potential damages and
any mitigation measures that should be put in place to ensure the safety of the
Property’s nearby residences. (See Santa Monica Chamber of Commerce v. City of
Santa Monica (2002) 101 Cal.App.4th 786, 801 [“whether a circumstance is ‘unusual’ is
judged relative to the typical circumstances related to an otherwise typical exempt
project.”)
These unusual circumstances prompt potentially significant environmental
impacts to the community and constitutes an exception to CEQA’s categorical
1 See the following articles: https://www.foxbusiness.com/fox-news-auto/mercedes-
benz-delays-ev-goals-weak-demand-continue-gas-powered-cars;
https://www.reuters.com/business/autos-transportation/ford-reduce-f-150-lightning-
production-2024-01-19/.
2 The recent Dana Point and San Clemente landslides can be found at the following
Washington Post and Orange County Register articles, respectively:
https://www.washingtonpost.com/climate-environment/2024/02/21/california-landslides-
home-dana-point/ ; https://www.ocregister.com/2024/02/06/soil-movement-increased-
with-latest-storm-at-san-clemente-landslide/.
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exemptions. (14 CCR §§ 15300, 15300.2, 15300.4; Pub. Res. Code § 21080(b)(10).)
The City is therefore required to initiate further environmental analysis via an initial
study to determine the Project’s impacts based upon these unusual circumstances.
E. The City Resolution Improperly Mitigates the Projects Environmental
Impacts and Fails to Fully Consider Cumulative Impacts.
The City cannot retroactively mitigate a project’s impacts to the surrounding
community by and through conditions of approval attached to the approval documents
for that Project. (See, Salmon Protection & Watershed Network v. County of Marin
(2004) 125 Cal.App.4th 1098, 1108.) In Salmon, the lead agency relied upon mitigation
measures offered by an applicant to support its categorical exemption determination.
(Ibid.) The court determined that these mitigation measures (whether in the application
or after adopted as a condition of approval) must be conducted under established
CEQA procedures.
The City attempts to do the same. The conditions of approval purport to require
the Applicant to only service EV vehicles at the dealership to mitigate the Project’s
sound impacts on the surrounding community. The City also attempts to mitigate the
project’s traffic impacts via dedication of 12 feet adjacent to West Coast Highway. The
Applicant is also required to redesign and construct the curb relocation. Certainly, the
City understands that the Project will contain significant impacts to traffic along the
Mariner’s Mile corridor and attempts to mitigate that impact via dedication or additional
lanes. This dedication in turn pushes the Project’s structure further against the rear
setbacks, causing potential damages to the slope and properties above.
Finally, as required under CEQA, the City has failed to provide an adequate
assessment or analysis of potential cumulative impacts for both recent or reasonably
future development projects in the area.
4. Conclusion.
For the above reasons, the staff report presents an inadequate analysis of the
Project’s environmental impacts and therefore fails to provide sufficient disclosure to the
public. The Project’s lot consolidation ensures the Project’s massing will be on one
portion of the Property rather than scattered across eleven lots. The Project’s purported
traffic analysis is scant (not even provided) and offers no assurances that the Project
will not significantly increase traffic along the Mariner’s Mile corridor. The Project will
generate significant sound and emissions which have not been properly analyzed to
determine their effect on nearby sensitive receptors. And the Project’s rear lot
encroachment creates an unusual circumstance reasonably prompting further
environmental analysis on its effects to the coastal bluff.
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Curtis Ellmore
March 5, 2024
Page 9
5874.101 / 15624240.1
Las Vegas | Newport Beach | Walnut Creek
newmeyerdillion.com
In addition to the above, the City failed to provide adequate notice of the appeal
hearing and is attempting to improperly include evidence that was not presented to the
Zoning Administrator in direct violation of the NBMC.
The City and Applicant must therefore prepare an initial study and initiate further
environmental review to ensure proper public disclosure and informed decision-making.
Respectfully,
Charles S. Krolikowski
CSK
cc: Client
City Planner, Jenny Tran jtran@newportbeachca.gov
City Clerk, cityclerk@newportbeachca.gov
Greg Tross, greg.tross@ndlf.com
Enclosure
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
EXHIBIT 1
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
1
Ruby Williams
From:Charles S. Krolikowski
Sent:Tuesday, March 5, 2024 9:26 AM
To:Viola R. Fennell; Gregory D. Tross
Subject:FW: [EXTERNAL]:RE: Genesis Appeal Before PC
From: Tran, Jenny <jtran@newportbeachca.gov>
Sent: Wednesday, February 28, 2024 12:51 PM
To: Charles S. Krolikowski <Charles.Krolikowski@ndlf.com>
Subject: [EXTERNAL]:RE: Genesis Appeal Before PC
Hi Charles,
I believe the public notices are being mailed out as of right now. The hearing date for the appeal is on Thursday, March
7th at 6:00 p.m. It is an in-person hearing at the Council Chambers at 100 Civic Center Drive, Newport Beach, CA 92660.
Kind regards,
Jenny Tran
Assistant Planner
Community Development
Department
Office: 949-644-3212
100 Civic Center Drive
Newport Beach, CA 92660
From: Charles S. Krolikowski <Charles.Krolikowski@ndlf.com>
Sent: February 28, 2024 12:48 PM
To: Tran, Jenny <jtran@newportbeachca.gov>
Subject: Genesis Appeal Before PC
[EXTERNAL EMAIL]DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi Jenny, can you please let me know when the Genesis car dealership appeal hearing is scheduled before the planning
commission?
No one has received notice of it.
Thanks,
Chuck Krolikowski
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
2
Charles S.Krolikowski
Partner
949.271.7233 | Charles.Krolikowski@ndlf.com
Newmeyer &Dillion LLP
895 Dove Street, 2nd Floor
Newport Beach, CA 92660
newmeyerdillion.com
| View my bio
Planning Commission - March 7, 2024 Item No. 2b - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
1
From:constance z <ConstanceBroker@outlook.com>
Sent:March 06, 2024 5:28 PM
To:Planning Commission
Subject:GENESIS PROJECT ON PCH NEAR DOVER
Dear Planning Commission,
As a 35+ year homeowner and resident of Newport Heights, I encourage you to approve the
GENESIS PROJECT on PCH.
The original plan has been scaled back to almost half the size and the design is appropriate for
the land use of that strip of 11 conƟguous lots. The older exisƟng 6 buildings on these parcels
are outdated compared to the other upgrades in the area and the proposed use/project is
approved in the City’s General Plan.
Ownership and the Planning Commission have saƟsfactorily addressed every and all possible
concerns. It is an upgraded use of the parcels and a far superior use by only one user vs 11
separate users.
Anyone wanƟng to thwart this project needs to be reasonable. The owner has property rights
and has exhibited a very high standard of concern and flexibility.
All the due diligence done by ownership and the City Planning Commission is much
appreciated to make this a sound project for Newport Beach.
Kind regards,
Constance
Constance Esposito | Broker Associate
First Team Commercial
CA License #01354956
4 Corporate Plaza Drive #100
Newport Beach, CA 92660
949 759 5747 office
949 355 4464 cell
constanceBroker@outlook.com
Planning Commission - March 7, 2024 Item No. 2c - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
1
From:Matsler, Sean <SMatsler@coxcastle.com>
Sent:March 07, 2024 11:05 AM
To:Planning Commission
Subject:Item No. 2: Genesis Automobile Dealership
Attachments:Cox Castle Response to Genesis Automobile Dealership Appeal.pdf
Chair Ellmore and Planning Commissioners:
Together with CAA Planning, Inc., this Firm represents Gen Newport Beach LLC on the pending appeal that you
will consider tonight.
This letter responds directly to allegations in the March 5, 2024, letter submitted by counsel for the Appellant,
Maryam Parman. As discussed in our letter, Appellant’s assertions regarding the inadequacy of notice of the
Planning Commission hearing are incorrect, as are her claims about the City’s California Environmental Quality
Act categorical exemption conclusions.
For the reasons set forth in this letter, Gen Newport Beach LLC respectfully requests that the Planning
Commission deny the appeal and approve the proposed project.
Regards,
Sean
Sean Matsler
Cox, Castle & Nicholson LLP
3121 Michelson Drive | Ste 200 | Irvine, CA 92612
direct: 949.260.4652 | mobile: 714.330.0797
main: 949.260.4600
smatsler@coxcastle.com | vcard | bio | website
This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not the addressee, or
someone responsible for delivering this document to the addressee, you may not read, copy or distribute it. Any unauthorized dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please call us promptly and securely dispose of it. Thank you.
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
106696\17453963v3
www.coxcastle.com Los Angeles | Orange County | San Francisco
Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, California 92612-5678
P: 949.260.4600 F: 949.260.4699
Sean Matsler
949.260.4652
SMatsler@coxcastle.com
March 7, 2024
VIA E-MAIL: PLANNINGCOMMISSION@NEWPORTBEACHCA.GOV
Chair Curtis Ellmore
Newport Beach Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Appeal of Zoning Administrator Approval Resolution No. 2024-005: Genesis
Automobile Dealership
Chair Ellmore and Planning Commissioners:
Together with CAA Planning, Inc., this Firm represents Gen Newport Beach LLC
(“Genesis NB”), which is seeking entitlements to construct and operate an automobile dealership
at 320, 400, 410, and 500 West Coast Highway (PA2023-0094). The proposed automobile
dealership would consist of an approximately 19,044 square foot building that includes a
showroom, sales office, storage area, electric vehicle (“EV”) repair area (“EV Lab”), and
employee area. The dealership will primarily focus on the sale of EVs and will exclusively
service EVs.
This letter responds directly to allegations in the March 5, 2024, letter submitted by
counsel for the Appellant, Maryam Parman. As discussed below, Appellant’s assertions
regarding the inadequacy of notice of the Planning Commission (“PC”) hearing are incorrect, as
are her claims about the City’s California Environmental Quality Act (“CEQA”) categorical
exemption conclusions. For the reasons set forth in this letter, the applicant respectfully requests
that the Planning Commission deny the appeal and approve the proposed project.
I. The PC Hearing Was Appropriately Noticed
The Appellant argues that the PC’s March 7th hearing on the appeal was not adequately
noticed, relying on an email from a City Community Development Department staffer stating
that notices were being mailed on February 28, 2024. That email was mistaken. The notices were
actually mailed on Thursday, February 22, 2024, as reflected on the Community Development
Department’s affidavit of noticing (Attachment A). February 22nd is fourteen (14) days before
the March 7th meeting, meeting the NBMC requirement that notice be mailed ten (10) days
before the schedule hearing. (NBMC § 20.62.020.B.)
Planning Comission - March 7, 2024
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The Appellant’s assertion that the PC staff report provides “sufficiently more
information” than was in the Zoning Administrator’s (“ZA”) staff report and is therefore in
“violation of the NBMC” is similarly without merit. Appellant cites no provision of the NBMC
that prohibits additional information or detail on appeal (no such provisions exist). In fact, such
additional detail should be expected and encouraged. The appeal itself asserts numerous claims
regarding the propriety of the ZA’s approval, each of which deserves a response from the City
and/or Applicant. It is disingenuous for the Appellant to appeal the ZA’s decision, assert
numerous deficiencies, and then expect that the PC materials be exactly the same as the ZA’s.
To support its assertion, the Appellant cites the “example” of the PC staff report
concluding that the project is exempt pursuant to the CEQA Class 3 categorical exemption, a
finding which was not made by the ZA. That claim is without any basis. The NBMC makes very
clear that appeals are reviewed de novo and that “the review authority is not bound by the
decision that has been appealed or called for review, or limited to the issues raised on appeal or
at the lower hearing.” (NBMC § 20.64.030.C.) CEQA likewise recognizes that administrative
appeals to a higher decision-making body are independent decisions which may include
supplemental information and findings. (Citizens for Restoration of L Street v. City of Fresno
(2014) 229 Cal.App.4th 340, 359.)
II.The Project Is Categorically Exempt From CEQA.
The Appellant argues that the project cannot be found exempt pursuant to a Class 1, Class
3, or Class 32 CEQA categorical exemption. As discussed below, the Appellant’s assertions are
fundamentally flawed, and the project is properly exempt under each of the identified CEQA
exemption classes. There is substantial evidence in the record supporting the PC’s
recommending findings.
a.CEQA Class 1 Categorical Exemption
The appeal asserts that the project cannot be exempt pursuant to Class 1 because the
project constitutes a significant expansion beyond existing conditions. As explained below, the
Class 1 exemption applies to projects that includes a minor expansion.
The Appellant contends that the ZA found the Class 1 exemption applicable to only the
improvements to Coast Highway, referencing a finding from the ZA’s approval resolution.
However, the Appellant ignores a separate finding that the “project is exempt from [CEQA]
under Section 15301 under Class 1 (Existing Facilities)….” (ZA Resolution at p. 2 [emphasis
added].)1 The ZA staff report also explained that the project included Coast Highway right-of-
way improvements, namely realigning the curb line and extending the existing lane transition
1 Even if the ZA applied the Class 1 exemption to only the specified Coast Highway improvements and found the
rest of the project exempt under Class 32, such a finding is proper. (California Farm Bureau Federation v.
California Wildlife Conservation Bd. (2006) 143 Cal.App.4th 173, 183 [recognizing that the combination of two
exemptions may place a project outside the scope of CEQA].).
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area.” (ZA Staff Report at p. 9.) PC staff report similarly describes the Coast Highway
improvements as part of the project, explaining that the “project includes improvements to the
Caltrans right-of-way adjacent to the site that include realigning the curb and extending the
existing lane transition area.” (PC Staff Report at p. 12 [emphasis added].)
Nevertheless, to the extent the ZA’s action could be construed as only finding the Coast
Highway improvements exempt under Class 1, the PC is not bound by that determination. As
noted above, the PC reviews the project de novo and acts independent from the ZA on appeals
and is not bound by the findings/conclusions of the ZA. And, as substantial evidence
demonstrates, the entirety of the project – which the Appellant asserts must be analyzed – is
exempt pursuant to Class 1.
The Class 1 exemption is available for projects consisting of “the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of existing or former uses.” (CEQA Guidelines § 15301.) The term “negligible” is
given meaning by the example projects provided, including additions to existing structures of up
to 10,000 square feet. (Id.) The list of example projects informs the scope of the exemption – and
to which projects it applies – but do not limit the exemption to the example projects. (Id.
[examples “include but are not limited to”]; Walters v. City of Redondo Beach (2016) 1
Cal.App.5th 809, 817 [CEQA Guidelines themselves say that exemptions are not limited to the
examples listed].) The reference to a project that increases square footage by approximately
10,000 square feet is reflective of the fact that project may still be found exempt even if it adds
square footage and/or expands an existing or former use.
Here, the entire project, including of the dealership and right-of-way improvements,
would negligibly expand the existing retail, service, and automobile sales uses. The project
proposes a 19,044 square foot dealership, while the existing on-site uses total approximately
14,500 square feet. The approximately 4,544 square foot increase is well within the 10,000
square foot increase contemplated by the Class 1 exemption. Second, a Trip Generation Analysis
(“TGA”) for the project concluded that the project would result in a net increase of only 299
daily trips. The TGA, which is attached hereto as Attachment B, was prepared in coordination
with the City Traffic Engineer, who found it to be accurate and in accordance with City practice
and policy. (PC March 7th Staff Report at p. 13.) The City has determined that an increase of
less than 300 daily trips is negligible for purposes of both CEQA (presumed to be less than
significant) and citywide traffic phasing. (City Council Policy K-3, Implementation Procedures
for the California Environmental Quality Act, Section H.2 [a land use project that generates a net
increase of less than 300 daily trips is presumed to have a less than significant impact on
transportation/traffic]; NBMC § 15.40.030.C.1 [a project that results in less than 300 daily trips
is exempt from the Traffic Phasing Ordinance].)
The fact that the project site is located in a highly urbanized area of the City, Mariner’s
Mile, also supports the Class 1 exemption and the presumption that no significant impacts would
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result. The City’s General Plan describes the Mariner’s Mile as a “heavily traveled segment of
Coast Highway” developed with a “mix of highway-oriented retail and marine related
commercial uses.” (General Plan, Land Use Element at p. 3-123.) Appellant simply ignores the
site’s context and the fact that the project is consistent with the urbanized conditions of
Mariner’s Mile.
All of the information above – the urban context, less than 300 daily trips, less than
10,000 square foot expansion – is discussed in the PC staff report. Together, those facts are
substantial evidence that the entire project is within the scope of the Class 1 exemption. The
project’s provided technical studies further support the conclusion that no significant impacts
will result from the project. The Appellant has presented no evidence to the contrary.
b. CEQA Class 3 Exemption
The Appellant’s assertions that the Class 3 exemption is inapplicable are likewise without
merit. First, the Appellant argues that the Class 3 exemption cannot apply to the project because
it is not a “conversion” of an existing structure but includes the demolition of an existing
structure and new development. In so doing, Appellant ignores the plain language of the
exemption, which applies not just to conversions but new construction. (CEQA Guidelines §
15303 [entitled “New Construction or Conversion of Small Structures”].)
Second, the Appellant argues that the project cannot possibly be exempt under Class 3
because its total square footage exceeds 10,000 square feet. This argument is surprising. Recall
that Appellant previously argued that existing, baseline conditions must be taken into
consideration when determining the applicability of the Class 1 exemption, but here appears to
take a contrary position – that existing square footage (to be demolished and replaced) cannot be
considered. Again, that position is inconsistent with CEQA, which compares projects against
existing conditions (i.e., not a blank slate), as well as the underlying intent of the categorical
exemptions themselves. When listing a class of projects as categorically exempt, the California
Secretary of Natural Resources has determined that the environmental changes typically
associated with projects in that class are not significant effects within the meaning of CEQA.
(Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.)
For Class 3, the construction of new commercial buildings “not exceeding 10,000 square
feet” in urban areas is identified as an “example” of projects within the scope of Class 3. (CEQA
Guidelines § 15303 [examples of “this exemption include but are not limited to … up to four
such commercial buildings not exceeding 10,000 square feet…].) With that illustration, the
Secretary of Natural Resources concluded that the Class 3 exemption includes projects similar to
10,000 square feet of new development, when in an urban area.
Here, the project is in an urban area and would only increase square footage by
approximately 4,544 square feet, well below the 10,000 square foot example. The project is
clearly within the Class 3 class of projects. Because it only increases development by
approximately 4,544 square feet, the “environmental changes” that are expected to result from
Planning Comission - March 7, 2024
Item No. 2d - Additional Materials Received
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Chair Curtis Ellmore
March 7, 2024
Page 5
the project are expected to be similar to other projects in Class 3, which have been categorically
determined not to have a significant impact. (Centinela Hospital Assn. v. City of Inglewood
(1990) 225 Cal.App.3d 1586, 1600 [project that would demolish three deteriorated buildings and
construct a 15-bed crisis psychiatric facility was within the scope of Class 3 because “it is similar
to both the apartments and duplexes permitted under subdivision (b) and the small commercial
structures permitted under subdivision (c)….”]; Fairbank v. City of Mill Valley (1999) 75
Cal.App.4th 1243 [a project that would result in the construction of a 5,855-square foot
retail/office building was within Class 3].)
The Appellant also ignores the substantial evidence in the record that supports the
exemption, namely the negligible increase in trips (299 daily trips) given the volume of traffic on
this segment of Coast Highway (approximately 45,000 average daily trips). Also, as noted in the
PC staff report, the project would not result in significant noise. The automobile dealership
specializes in sales and repair of EVs that produce less noise than conventional automobiles. The
project has been designed with enclosed parking at the rear of the property adjoining the
residential zoning district to limit operational noise, such as vehicle doors closing. The EV Lab
itself will also be fully enclosed and high noise generating activities (such as use of pneumatic
lifts) are prohibited. All stationary noise sources (air conditioning, trash enclosures) must comply
with the NBMC and remain below applicable standards. The noise generated by the project is
anticipated to be consistent with the urban environment along West Coast Highway.
All of the above reflects substantial evidence supporting the Class 3 exemption and,
importantly, the Appellant presents no evidence to the contrary.
c.CEQA Class 32 Exemption
Finally, the Appellant argues that the administrative record provides insufficient evidence
to support the Class 32 exemption determination. In support of this, the Appellant first asserts
that the project’s traffic analysis was not provided publicly and therefore cannot support the
Class 32 exemption conclusion. That’s incorrect. The TGA is part of the administrative record,
which includes information submitted to a public agency, including application materials and
supporting reports. The PC staff report notes the TGA was submitted and prepared in
consultation with the City Traffic Engineer, who found it to be accurate and appropriate based on
established trip generation rates contained in the Institute of Traffic Engineers (ITE) Trip
Generation Manual (11th Edition). Second, a trip generation summary table showing the existing
uses generation compared to the proposed project was made available to the public as part of the
“Additional Materials” provided to the PC. That summary shows that the proposed project would
not result in a significant traffic impact.
The project’s noise would also not be significant. The PC staff report explains, in great
detail, why noise would not be significant, including project design features such as enclosing
the surface parking at the rear of the building, the EV Lab service area will be fully enclosed, and
that use of pneumatic lifts is prohibited. The project itself proposes only service of EV vehicles,
a feature confirmed by Condition No. 14. Faced with those project features, the Appellant argues
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
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March 7, 2024
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that internal combustion engine vehicles may be sold on-site and that such sales, if they were to
occur, would result in significant noise. It is unclear how the limited sale of non-EV vehicles
would create significant noise given the site’s location on a State highway2, and Appellant
provides no evidence to support its assertion.
The project is subject to the noise control standards of the NBMC. (PC Staff Report
Condition No. 19 [all noise generated by the proposed use shall comply with the provisions of
NBMC Chapter 10.26 and shall not exceed the standards of the NBMC].) To the extent sale of
non-EV vehicles were to occur on-site, it would be a minor component of the overall project, to
say nothing of existing significant vehicular trips on the adjacent State highway (which serves as
a predominant source of noise). As discussed in the staff report, the Genesis dealership
“specializes in EV cars and [Genesis] will be fully electric by 2025….” (PC Staff Report at p. 4.)
And outdoor inventory parking is extremely limited – 11 total spaces. The majority of the
project’s operations will occur within the enclosed spaces of the Genesis facility itself, a design
feature intended to ensure compatibility with the community.
As referenced in the PC staff report, eleven technical reports were prepared for the
proposed project, including a Construction Management Plan, EV Lab Service and Queuing
Analysis, Fire Master Plan, Grading Plan, Hydrology Report, Methane Assessment Report,
Photometric Analysis, Striping Plan, Trip Generation Analysis, Water and Sewer Demand
Analysis, and the Water Quality Management Plan. Each of those studies provides further
evidence that no significant impacts would result from the project. Aside from unsupported
speculation, the Appellant provides no substantial evidence that the project could result in a
significant environmental impact.
d.Unusual Circumstances Exception Does Not Apply
The Appellant speculates that the proposed minor encroachment into the rear setback
would “cause grave physical” impacts to the slope and the properties along King’s Road. As
support, the Appellant cites to news articles about landslides in areas on coast-adjacent bluffs in
other areas of Southern California.
First, the King’s Road properties and rear setback slope on the property are not coast-
adjacent bluffs and Appellant’s “support” is inapplicable. The site is not defined as a Coastal
Bluff in the City’s Coastal Land Use Plan. Second, CEQA case law concludes that a site’s
topography and geology are not unusual circumstances that preclude use of a categorical
exemption when the lot/slope are not unusual for the area. (Protect Telegraph Hill v. City and
County of San Francisco (2017) 16 Cal.App.5th 261, 272-273 [project on a hilltop did not
present unusual circumstances when the slope on the project lot was not unusual for the city and
was a condition that would be addressed in permitting review by the building department and an
engineering report conclude the site was suitable for the project].) Here, the project site condition
2 The Coast Highway right-of-way is identified as within the 70 dBA CNEL noise contour, per General Plan Figure
N1 (Existing Noise Contours).
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
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adjacent to a slope is similar to the majority of properties on the inland side of Coast Highway. It
is not an unusual condition.
Also, like in Protect Telegraph Hill, the project “includes construction of new retaining
walls designed with global and surficial slope stability analysis performed in accordance with the
current standard-of-practice including California Building Code, City of Newport Beach
Municipal Code, and a geotechnical engineer with expertise in slope stability analysis.” (PC
Staff Report at p. 7.) In fact, as designed to meet those standards and with construction of
drainage control systems, the project will enhance “the overall slope stability” and reduce the
potential for long-term slope issues. (Id.)
The Appellant presents no evidence that the staff report is incorrect or that a significant
impact would result. The slopes identified in the news articles were not supported by control
systems or subject to robust geotechnical standards. The project is subject to those requirements.
III.The City Does Not Retroactively Mitigate the Project’s Impacts or Fail to Consider
Cumulative Impacts
Appellant argues that the conditions improperly “mitigate” the project’s impacts.
Although creative, that argument is unavailing. First, as to noise, asserts that Condition No. 14,
which only permits servicing of EV vehicles, constitutes “mitigation” of the project’s noise
impact. However, Condition No. 14 is reflective of the project design itself, which was originally
proposed for exclusively EV service consistent with the fact that Genesis, the dealership,
“specializes in EV cars and will be fully electric by 2025….” (PC Staff Report at p. 4.) A
component of the project itself, or a design feature, is not a mitigation measure that precludes use
of a categorical exemption.
The Appellant next assets that the project’s dedication/frontage improvements are
mitigation for the project’s significant traffic impacts. First, as discussed above, the project does
not have a traffic impact, consistent with the City’s CEQA guidelines and the NBMC. There is
simply no impact to mitigate. Second, the dedication is reflective of the ultimate buildout
condition of Coast Highway. That the City, Caltrans, and Genesis NB worked cooperatively to
facilitate extension of the merge lane on the Coast Highway right-of-way does not, as suggested
by Appellant, make the improvement mitigation. (Wollmer v. City of Berkeley (2011) 193
Cal.App.4th 1329, 1353 [offer to dedicate a right-of-way to install a left-turn lane and upgrade an
intersection signal was not mitigation].) Further, the project will reduce the number of driveways
along Coast Highway from four to three, which is a goal of the Mariner’s Mile Strategic Vision
and Design Framework and will improve the flow of traffic along Coast Highway.
Finally, the Appellant asserts that the project cannot be categorically exempt because of
cumulative impacts. The Appellant provides no evidence supporting its cumulative impacts
assertion, a burden it bears. (Save the Plastic Bag Coalition v. City and County of San Francisco
(2013) 222 Cal.App.4th 863, 880 [the party challenging a categorical exemption has the burden
of producing substantial evidence that a project falls within an exception to that categorical
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March 7, 2024
Page 8
exemption]; Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1105.)
The Appellants failure to cite any evidence is telling. The cumulative impacts exception does not
apply, and the project is categorically exempt.
IV.Conclusion
As the foregoing demonstrates, the City’s processing and conclusions regarding the
project, including that it is categorically exempt from CEQA, are correct and supported by
substantial evidence. The allegations of the Appellant are without merit. For those reasons, the
applicant respectfully requests that the Planning Commission deny the appeal and approve the
proposed project.
Sincerely,
Sean Matsler
Of COX, CASTLE & NICHOLSON LLP
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
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ATTACHMENT A
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
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March 7, 2024
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ATTACHMENT B
Planning Comission - March 7, 2024 Item No. 2d - Additional Materials Received Genesis Automibile Dealership Appeal (PA2023-0094)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Jenny Tran, Assistant Planner
Date: March 7, 2024
Re: Item No. 2 – Genesis Automobile Dealership Appeal (PA2023-0094)
________________________________________________________________
Attached for the Planning Commission’s consideration are revised plans correcting
the overall square footage of the automobile dealership. The project was originally
designed to be approximately 19,044 square-feet; however, the final plans
attached to both the Zoning Administrator and Planning Commission staff reports
included floor area associated with a parts storage mezzanine area that was not
initially considered in the original project review. The final square footage included
in the staff report indicates a total floor area of 19,952 square feet. The revised
project plans reduce the size of the mezzanine and include other minor floor plan
changes and the overall square footage maintains a total project floor area of
19,044 square-feet.
Enc: Revised Project Plans Sheets D103, D104, D120, and D121
Planing Commission - March 7, 2024 No. 2e - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
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Planing Commission - March 7, 2024
No. 2e - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
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Planing Commission - March 7, 2024
No. 2e - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
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Planing Commission - March 7, 2024
No. 2e - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
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Planing Commission - March 7, 2024
No. 2e - Additional Materials Received
Genesis Automobile Dealership Appeal (PA2023-0094)
BALBOA BAY CLUB VENTURES, LLC
1221 W. Coast Highway
Newport Beach, CA 92663
949-630-4275
March 6, 2024
Curtis Ellmore, Chair
Planning Commission - Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
planningcommission@newportbeachca.gov
Subject: Genesis Automobile Dealership (PA2023-0094)
Chair Ellmore and Members of the Planning Commission:
We own Balboa Bay Resort & Club in close proximity to the proposed Genesis Automobile Dealership at
400 W. Coast Highway. We have invested substantial monies and efforts into our property, and by
extension, the Mariner’s Mile neighborhood. We strongly support the proposed project.
The Genesis dealership represents a proposal that is well-suited for the site and Mariner’s Mile. It is well-
planned, considerate of neighboring residents, and provides a much needed and viable project that will
convert several deteriorated incohesive buildings into a single, quality building and enhanced
landscaping.
The proposal provides a high-quality project that presents an opportunity to improve a portion of
Mariner’s Mile that is in need of improvements while responsibly generating revenue for the City. The
failure to relocate the Porsche dealership to the project site in 2016 resulted in not only an 8-year loss of
revenue from the project site to the City, but the loss of the Audi dealership that was ultimately relocated
outside of the City from the existing Porsche site.
Respectfully, I encourage the Planning Commission to approve the Gensis Project PA2023-0094 as
proposed.
Sincerely,
Kevin Martin
Balboa Bay Resort & Club
Balboa Bay Club Ventures, LLC
Planning Commission - March 7, 2024 Item No. 2f - Additional Materials Received After Deadline Genesis Automobile Dealership Appeal (PA2023-0094)
March 7, 2024, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. GENESIS AUTOMOBILE DEALERSHIP APPEAL
(PA2023-0094)
As I was at the Zoning Administrator hearing on February 1, I remain concerned about the
proposed impacts of this project on the coastal bluff to the rear of the property.
At that hearing, I was left with the impression the bluff face on the western side of the property
would be left mostly unchanged. But from the sketchy project plans provided here, that does not
seem to be the case.
The staff report (handwritten page 11) assures readers that in that area, development will be
kept 85 feet from the rear property line. But “D103 - Proposed Site Plan” on handwritten page
105 shows the dimension closer to 70 feet. And in comparison with “D102 - Existing Site Plan”
on the preceding page, that is about 20 feet farther into the bluff slope (horizontally). That
sounds like substantial excavation with unknown effects not clearly disclosed in the report.
There is also a discrepancy between the proposed main structures’ maximum “2 inch”
encroachment into the required 5-foot rear setback, and the “6 inches” cited elsewhere. But both
of those obscure the fact that the existing retaining wall behind 410 W. PCH, and the low site
wall to its east, are 13 to 16 feet from the rear property line. So, the proposal. compared to the
existing condition, is to dig another 10 feet (horizontally) into the bluff. Again, that sounds like
major excavation, yet nowhere do I see disclosed how much.
The only thing I see is the second paragraph at the top of handwritten page 8 of the staff report,
which assures readers that “The retaining wall design and slope stability analysis will be
reviewed by the City of Newport Beach to ensure the design of the wall and the stability of the
bluff would have at least a factor of safety of 1.5.” And I can find nothing in the draft resolution
ensuring this will actually happen, or what will happen if the conclusion is this plan cannot be
safely executed? I can see why people with homes at the top of the bluff might be concerned.
If I am understanding the proposed Tentative Parcel Map on handwritten page 117, the
proposed grading will result in a new 8-foot tall retaining wall (the maximum allowed by the
NBMC Sec. 20.30.040?) holding back the bluff along the western half of the property, and a
20-foot plus exterior wall holding back the bluff at the rear of the buildings on the east – where
currently only the roughly 100 feet behind 410 W. PCH have been at all similarly altered. That is
certainly not an improvement visually, and one has to wonder if the project will improve stability
as the staff report suggests.
I also share the appellant’s concern with whether the cited CEQA exemptions are appropriate.
Planning Commission - March 7, 2024 Item No. 2f - Additional Materials Received After Deadline Genesis Automobile Dealership Appeal (PA2023-0094)
March 7, 2024, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
Surely, the entire project does not qualify for the Class 1 exemption, nor does the court case
(Walters v. City of Redondo Beach, (2016)1 Cal.App.5th 809) cited in support of the Class 3
exemption seem to address their concern. While Walters may imply an auto dealership could be
eligible of a Class 3 exemption, it seems even more emphatic that it could be used only if the
total proposed construction does not exceed 10,000 square feet of floor area. Here, the new
construction definitely exceeds that, I see nothing suggesting there should be a “credit” for
demolition activity – which surely increases potential impacts, rather than reducing them.
The cases cited in Walters led to SPAWN v. County of Marin (2004)125 Cal.App.4th 1098,
which apparently holds that projects cannot be made to qualify for categorical exemptions by
claiming possible impacts will be mitigated by conditions of approval. Is that not what is being
done here by assuming concerns about slope stability will be addressed in later review?
It is also disturbing to see the draft resolution spend more than two full pages (handwritten
27-29) on the applicability of State CEQA Guidelines Section 15183 to the project, with no
mention of that in the staff report. Again, the General Plan may have considered generalized
impacts. I doubt it considered impacts to this particular bluff.
I would also question the suggestion in the staff report that adding still more auto dealerships
along this stretch of PCH advances its “auto-reliant” designation in the Mariner’s Mile Strategic
Vision and Design Framework. I suspect that designation was intended as recognition that the
area is not particularly walkable, so land uses there should assume patrons will arrive by auto,
not that all the uses need to be related to autos.
In that connection, it is not clear to me from the staff report what will happen to PCH as a result
of this project. Evidently the applicant will be relocating the sidewalk 12 feet closer to the bluff.
We are told the expanded road width will eventually be used by Caltrans to add bike lanes. But
what will the immediate effect be?
And in further connection with PCH, I am not sure where the 299 additional trips claimed to be
associated with this project came from. The Application folder for PA2023-0094 contains an
unsigned, undated Genesis Newport Beach - Trip Comparison which concludes “295 net new
trips.” Setting aside that I am doubtful trip estimation is that exact a science for one to know if
the added trips will be more or less than the 300 trip threshold for a traffic study, who is right?
Similarly, I am unsure why the applicant designed the project to be 19,952 square feet, just
under the the 20,000 square feet that would trigger a major site development review by the
Planning Commission. Is there any difference between a “major” and a “minor” review other
than who reviews it?
Finally, while the resolution says it is “upholding” the Zoning Administrator decision, shouldn’t
that be “affirming”? On appeal,NBMC Subsec. 20.64.030.D.1.a allows the Commission to
“Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is
the subject of the appeal.” I see “affirm.” Although arguably the same, I don’t see “uphold.”
Planning Commission - March 7, 2024 Item No. 2f - Additional Materials Received After Deadline Genesis Automobile Dealership Appeal (PA2023-0094)
Genesis Newport Beach
Planning Commission
March 7, 2024
Item 2
Minor Use Permit, Minor Site Development Review, Modification Permit and Tentative Parcel Map (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Proposed Project
•Demolition of 6 separate buildings with approximately 14,500square feet and other site improvements
•Construction of 19,044 square foot Genesis Dealership
•20-25 feet in height
•80 surface parking spaces
•Undergrounding of 2 utility poles at rear of property
•Consolidation of 11 lots into one parcel, removal of 1 driveway onWest Coast Highway
•Curb relocation to match lane configuration from Doverintersection
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
West Coast Highway Curb Relocation and Striping
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Modification Permit
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Public Outreach
•Sent individual letters by Fedex to 26 nearest residents on Kings
Road and Crestview (in Bayshores)
•Mailed over 120 letters to everyone on public noticing list
providing project information and contact information for
questions
•Email, phone and virtual meetings with owners of 421 Kings Road
directly above the site
•421 Kings Road invited neighbors to join virtual meeting but none did
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Issues Raised in Appeal
Issue Response
Environmental review Exempt from CEQA under Class 32, Class 1, Class 3. Supported by: 1.Construction Management Plan
2.EV Lab Service and Queuing Analysis
3.Fire Master Plan4.Grading Plan
5.Hydrology Report6.Methane Assessment Report
7.Photometric Analysis
8.Striping Plan9.Trip Generation Comparison
10.Water and Sewer Demand Analysis11.Water Quality Management Plan
Potential sale of non-
electric vehicles
•Genesis will be increasing EVs by 2025 and carbon neutral by 2035. Sale of
traditional internal combustion engine vehicles would be nominal and dissipate over time
•Any future operator relying on the minor use permit would be bound by the
same conditions applied to this project
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Issues Raised in Appeal (Cont’d)
Issue Response
Traffic impact •Coast Highway has 45,000 Average Daily Trips in this segment
•Project will add fewer than 300 ADT
•TPO analysis not required by NBMC
•Dedication of 12’ of frontage along Coast Highway will extend the
existing lane transition area from the Dover intersection, thereby
improving traffic flow past the site
Impact to sensitive
receptors
•Majority of project’s operations designed to occur within the enclosed
spaces of the Genesis facility
•Intended to ensure compatibility with the community
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Jim Carlson, Coalition to Protect Mariner’s Mile
Issue Response
Damage to slope and
residences from 6-inch encroachment into 5-
foot setback
•The project design has been reviewed by the City’s geotechnical engineer during
the planning process
•The project geologist and structural engineer will prepare construction plans
consistent with requirements of CBC and NBMC
•Review and approval by the City’s geotechnical engineer is required prior to
issuance of Building permit
•Construction will result in a design that will increase slope support and stabilitywhich will benefit upslope residences
Telephone poles and
utilities
•Project will underground two existing telephone poles
•Project will relocate necessary utilities as required by the City
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Conclusion
•Project carefully designed to be sensitive to nearby residents
•Well within allowable square footage and building height
•Reviewed and agree with all Conditions of Approval
•Request approval consistent with Staff Recommendation
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
Modification Permit
Planning Commission - March 7, 2024 No. 2g - Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
PLANNING COMMISSION PUBLIC HEARINGMARCH 7, 2024
Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
1
GENESIS AUTOMOBILE DEALERSHIP APPEAL
320, 400, 410, 500, AND 600 WEST COAST HIGHWAY(PA2023-0094)
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
PROJECT LOCATION
2
320, 400, 410, 500, and 600
West Coast Highway
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
PROJECT LOCATION
3
320, 400, 410, 500, and 600
West Coast HighwayZoning District: Commercial General
General Plan Land Use Category:
General Commercial
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
PROJECT DESCRIPTION
4
•19,044 square-foot 2-story automobile dealership that specializes in EV cars
•Includes showroom, sales office, storage area, EV lab, and employee areas
•Parking on a surface parking lot
•Merge 11 underlying lots
•Improvements to the West Coast Highway
right-of-way to realign the curbline
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
5
PROJECT DESCRIPTION
APPLICATION PURPOSE PROPOSED
PROJECT
Minor Use Permit Vehicle/Equipment Repair,
Limited
Vehicle/Equipment Repair,
Limited1
Minor Site Development
Review
Nonresidential construction
between 10,000 to 19,999 SF
Proposed 19,044 SF automobile
dealership (non-residential)
Modification Permit 10% deviation from rear setback
of 5 feet2
2-inch encroachment in rear
setback
Tentative Parcel Map Consolidate lots Merge 11 underlying lots
1. The “Vehicle/Equipment Sales, Limited” land use (excluding repair) is allowed by right without a minor use permit.
2. The Modification Permit allows an encroachment up to 6-inches into the rear setback; however the current design
includes an encroachment of 2-inches.
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
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IMPROVEMENTS TO COAST HIGHWAYPlanning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
SQUARE FOOTAGE DISCREPANCY
7
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
ZONING ADMINISTRATOR ACTION
8
•February 1, 2024
•Approved Minor Site Development Review, Minor Use Permit, Modification Permit, and Tentative Parcel Map
•Adopted Resolution No. ZA2024-005
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
APPEAL
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•Appeal filed on February 15, 2024, citing concerns for:
•CEQA Exemption
•EV only assurance
•Traffic concern
•Public noticing•Concerns brought forth during ZA Hearing
•Additional material was provided detailing their concern
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
CEQA EXEMPTIONS
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•Class 1 (Existing Facilities) –Improvements to Coast Highway
•Existing right-of-way to be improved without creating additional new lanes
•Class 32 (In-Fill Development Projects)
•No significant traffic, noise, air quality, or water quality effects
•Net daily trip generation is less than 300 which doesn’t require Traffic Study
•Air quality impact is significantly less for EV cars which is a design feature of the project
•Class 3 (New Construction or Conversion of Small Structures)
•Demolish 6 buildings (~14,500 square feet) and construct a 19,044 square foot automobile dealership
•Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning)
•Project is consistent with the General Plan and Zoning District
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
EV SERVICES
11
•Project description is for an automobile
dealership that specializes in EV services but Condition of Approval No. 14 also requires
changes that would include services of automobiles with internal combustion engines
to require an amendment or new review
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
TRAFFIC CONCERN
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•Appointment only
•Requires less maintenance and provides over-the-air software updates
•Complimentary Service Valet
•On-site vehicle technician to direct vehicles to service parking spaces
•Trip Generation Analysis determined the net increase of 299 daily trips, under the threshold for a Traffic Study
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
PUBLIC NOTICING
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•Noticing was provided in compliance with our Zoning Code for both the Zoning Administrator Hearing and this Planning Commission Hearing
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
CONCERNS BROUGHT FORTH DURING ZA HEARING
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•Property is not considered a coastal bluff in the City’s Coastal Land Use Plan
•The Zoning Administrator was the appropriate hearing authority for the project based on the proposed scope of work
•No combustible batteries are to be stored on site per Condition of Approval No. 32
•Project was publicly noticed per the Zoning Code. Additionally, the applicant conducted voluntarily outreach by sending over 100+ letters to the neighborhood.
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
MODIFICATIONS TO RESOLUTION
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•Revise references to square footage from
19,952 SF to 19,044 SF
•Revise proposed FAR from 0.26 to 0.25
•Section 4. Decision
•The Planning Commission of the City of Newport Beach hereby upholds and affirmsthe Zoning Administrator’s approval…
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
RECOMMENDATION
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1.Conduct a de novo public hearing;
2.Find this project exempt from CEQA under Class 32,Class 1,Class 3,and Section 15183;and
3.Adopt Resolution No.PC2024-004 denying the appealand upholding and affirming the ZoningAdministrator’s approval for a Minor Use Permit,MinorSiteDevelopment Review,Modification Permit andTentative Parcel Map with suggested modifications
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)
QUESTIONS AND DISCUSSION
Jenny Tran, Assistant Planner
949-644-3212, jtran@newportbeachca.gov
17
Planning Commission - March 7, 2024 No. 2h Additional Materials Received Genesis Automobile Dealership Appeal (PA2023-0094)