HomeMy WebLinkAbout3.0_Powerhouse Vehicle Sales_PA2018-166CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 8, 2018
Agenda Item No. 3
SUBJECT: Powerhouse Vehicle Sales (PA2018-166)
Conditional Use Permit No. UP2018-010
SITE LOCATION: 2244 West Coast Highway
APPLICANT: Powerhouse Enterprises NB, LLC.
OWNER: Mariner’s Mile North LLC.
PLANNER: Makana Nova, Associate Planner
949-644-3249, mnova@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to allow a 15,823-square-foot vehicle sales showroom and
supporting office for pre-owned luxury automobiles with approximately 15 display
vehicles. No exterior vehicle display is proposed. The proposed hours of operation are
from 8:00 a.m. through 6:00 p.m., daily. Test drives are not anticipated to exceed 10 test
drives per week.
If approved, this Conditional Use Permit would supersede Use Permit No. UP0251,
UP1296, UP1490, and UP2087, which upon vesting of the rights authorized by this
Conditional Use Permit, shall become null and void.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3)Adopt Resolution No. PC2018-031 approving Conditional Use Permit No. UP2018-
010 (Attachment No. PC 1).
BACKGROUND
October 18, 2018, Planning Commission Meeting
The Planning Commission held a public hearing on October 18, 2018. The staff report
and draft Planning Commission minutes from this meeting are included as Attachment
Nos. PC 3 and 4. The public hearing included a staff presentation, Commissioner
1
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, November 8, 2018
Page 2
discussion, and public testimony. Two members of the public, Jim Mosher and Sandra
Ayres commented on the project. The Planning Commission voted unanimously (6 ayes,
0 noes) to continue the item and allow the surrounding community members to discuss
the project application and future development applications associated with the property
with the property owner.
Topics discussed at the public hearing included: traffic, average daily trips (ADT), Local
Coastal Program requirements, and the scope of the CEQA analysis. The following
analysis discusses these subjects and includes additional information based on
discussion at the October 18, 2018, meeting.
DISCUSSION
Analysis
Traffic Analysis
The Public Works Department reviews proposed land uses and analyzes traffic impacts
based on the Institute of Traffic Engineers (ITE) trip manual, which provides a
standardized set of land use categories with accompanying trip generation characteristics
(AM peak hour, PM peak hour, and average daily trip rates-ADT). The ITE trip land use
category for Automobile Sales (Used) is described as follows:
“A used automobile sales dealership is typically located along a major arterial street
characterized by abundant commercial development. The sale or lease of used cars is
the primary business at these facilities; however, automobile services and parts sales
may also be available. Some dealerships also include leasing options, truck sales, and
servicing.”
The proposed operational characteristics suggest that the proposed business is not a
typical example of automobile sales as described above due to the limited retail nature of
the proposed vehicle sales operation. The business would not include related lea sing,
parts sales, or servicing mentioned in this land use description. The renovated building
was previously occupied by an office building, which would generate 154 average daily
trips based upon the ITE trip generation rates.
Public Works also considered trip generation data used for a similar luxury car sales use
with no vehicle maintenance or service proposed at 1100 West Coast Highway in 2004
(Attachment No. PC 5). Based on the similar characteristics of the previously proposed
pre-owned luxury automobile sales, the proposed business is likely to generate
approximately 55 average daily trips. This is fewer trips than those projected by a typical
Automobile Sales (Used) or the existing General Office Building land use category
identified in the ITE manual.
2
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, November 8, 2018
Page 3
Table 1, below, provides a comparison of the ITE trip rates and the trip generation data
from the similar use:
Table 1. Trip Rate Comparison
Use Trip Rate Sq. Ft. Rate ADT
Existing Use-Office ITE Rate 15,823 9.74/TSF 154
Auto Sales (Used) ITE Rate 15,823 27.06/TSF 428
Luxury Auto Sales
Luxury Auto Sales
City Study 15,823 3.5/TSF 55
Therefore, staff believes the dealership as proposed and conditioned would not result in
an increase of traffic trips associated with this land use. The draft conditions of approval
would ensure that the use operates under the same characteristics and assumptions
made when the application was considered to keep trips low where inventory, hours of
operation, and test drives are limited and no service or parts sales are proposed.
Local Coastal Program
The local coastal program defines a change in the intensity of use of land as follows: “a
change in the intensity of use of land which is likely to result in a new, decreased or
increased impact due to a lesser or greater level of activity, population density, traffic
generation, parking demand, dust, odor, noise, or similar impacts.”(Emphasis added.)
The proposed vehicle dealership does not result in an impact due to change in the intensity
of use from the existing/historical office use that would require a Coastal Development
Permit:
As detailed above, the City Traffic Engineer determined that trip generation would be
similar or less than a typical office use.
There is no increase in the parking rate (63 parking spaces are provided where 42
are required on-site).
The only physical modification to the existing building is the installation of a roll-up
door to provide vehicle access to the showroom.
Vehicle display would occur entirely within the existing building, similar to a retail
sales use. The second floor level would continue to be utilized as administrative
offices serving the vehicle dealership.
Therefore, the proposed vehicle sales would not result in a change or intensification of use
that would require a Coastal Development Permit.
Pending Newport Village Application and Environmental Review
The Newport Village application and its CEQA review does not preclude consideration of
the subject application including its required CEQA review. The subject CUP application
3
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, November 8, 2018
Page 4
is a separate application with a different applicant from the Newport Village project
application. This CUP was submitted by a proposed tenant with authorization from the
property owner. The Newport Village application, which includes this property, was
submitted by the property owner to consider future redevelopment of this and other
adjacent properties. The Newport Village project application is currently incomplete and
processing is on hold. The property owner has suggested that the existing building will
remain in the Newport Village scope of work. The vehicle sales tenant is aware of the
other pending application for this property.
Likewise, approval of the subject application will in no way compromise t he Newport
Village application review. Should the proposed vehicle sales CUP be approved and
should the property owner choose to redevelop the adjacent property (a boat sales and
storage business) with a mixed-use development, the compatibility of the subject vehicle
sales use would be considered as part of the Site Development Review application and
CEQA review for the Newport Village application. Section 20.48.130 (Mixed-Use Projects)
of the Zoning Code requires a deed notification to owners and tenants of a residential unit
in a mixed-use project acknowledging the urban type of environment resulting from living
in an area with potentially higher noise, odor, and outdoor activity levels. Further, the
baseline condition under CEQA is normally the conditions existing when the
environmental review for a project commences. In this case, the environmental review for
the Newport Village project has not yet commen ced since the applicant is still in the
process of reconsidering the development.
Staff believes the proposed project would clearly qualify for a Class 1 exemption as
discussed in the prior staff report and does not result in significant impacts under CEQA
and moving forward with this application in no way violates CEQA.
PUBLIC COMMENTS
One additional public comment letter was submitted since the Planning Commission
meeting on October 18, 2018, from Peggy Palmer representing The Coalition to Protect
Mariners’ Mile. Their letter suggests adding a condition of approval that would require the
proposed use permit to be rescinded if another development is authorized and additional
limitations on the allowed test drive hours. All public comments received are included as
Attachment No. PC 5.
PUBLIC NOTICE
This item was continued to a date certain by the Planning Commission at their noticed
October 18, 2018 public hearing. Notice for the October 18, 2018, hearing was published
in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at
the site a minimum of 10 days in advance of this hearing consistent with the Municipal
Code. As part of the original public notice mailing, nearby homeowner’s associations
including the Newport Heights Improvement Association were sent notices. Additionally,
4
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, November 8, 2018
Page 5
the item appeared upon the agenda for this meeting, which was posted at City Hall and
on the City website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Updated Draft Resolution with Findings and Conditions
PC 2 Updated Draft Resolution for Denial
PC 3 Planning Commission Staff Report from October 18, 2018
PC 4 Planning Commission draft Minutes from October 18, 2018
PC 5 Public Comments
PC 6 Trip Generation supporting data
PC 7 Applicant’s Project Description and Justification
PC 8 Test Drive Route
PC 9 Project Plans
:\Users\PLN\Shared\PA's\PAs - 2018\PA2018-166\PC\PA2018-166 PC Rpt.docx01/12/18
5
INTENTIONALLY BLANK PAGE6
Attachment No. PC 1
Updated Draft Resolution with
Findings and Conditions
7
INTENTIONALLY BLANK PAGE8
RESOLUTION NO. PC2018-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2018-010 FOR A VEHICLE
SALES SHOWROOM AND OFFICE LOCATED AT 2244 WEST
COAST HIGHWAY (PA2018-166)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ricky Kwan of Powerhouse Enterprises NB, LLC (“Applicant”),
with respect to property located at 2244 West Coast Highway, and legally described as the
northeasterly 100.78 feet of the southeasterly 600.78 feet of Lot “A” of Tract No. 919, in
the City of Newport Beach, as per map recorded in in Book 29, Pages 31 through 34 of
Miscellaneous Maps, in the office of the County Recorder of said County, said 600.78 feet
and said 100.78 feet being measured along the northeasterly line of the California State
Highway as shown on said map, and the northwesterly line and the southeasterly line of
said northwesterly 100.78 feet being parallel with the southeasterly line of said Lot “A”,
except the northeasterly rectangular 150 feet thereof (“Property”).
2. The applicant requests a conditional use permit to allow a 15,823-square-foot vehicle sales
showroom and office for pre-owned luxury automobiles with no more than fifteen (15)
display vehicles. No exterior vehicle display is proposed. The proposed hours of operation
are from 8:00 a.m. and 6:00 p.m., daily. The showroom is available on an appointment
only basis. Test drives will not exceed ten (10) test drives per week. If approved, this
Conditional Use Permit would supersede Use Permit Nos. UP0251, UP1296, UP1490, and
UP2087, which upon vesting of the rights authorized by this Conditional Use Permit, shall
become null and void.
3. The subject property is designated MU-H1 (Mixed-Use Horizontal) by the General Plan
Land Use Element and is located within the MU-MM (Mixed-Use Mariners’ Mile) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed-Use Horizontal) and it is located within the MU-MM (Mixed-Use
Mariners’ Mile) Coastal Zone District. The proposed vehicle dealership does not result in
a change or intensification of the existing/historical use that would require a Coastal
Development Permit. There is no increase in the parking rate. The Public Works
Department determined that a Traffic Study is not required to comply with the Traffic
Phasing Ordinance. The only physical modification to the existing building is the installation
of a roll-up door to provide vehicle access to the showroom. Vehicle display would occur
entirely within the existing building, similar to a retail sales use. The second floor level
would continue to be utilized as administrative offices serving the vehicle dealership.
Therefore, the proposed vehicle sales would not result in a change or intensification of use
that would require a Coastal Development Permit.
9
Planning Commission Resolution No. PC2018-031
Page 2 of 11
07-23-18
5. A public hearing was held on October 18, 2018 and November 8, 2018, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to , and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt as Class 1 (Existing
Facilities) under the requirements of the California Environmental Quality Act (“CEQA”)
Regulation Section 15301.
2. The Class 1 exemption includes 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 use. The
proposed project includes exterior and interior improvements to convert an office
building to a vehicle sales showroom with supporting offices and involves no expansion
in floor area.
3. The exceptions to this categorical exemption under CEQA 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.
In accordance with NBMC Subsection 20.52.020(F) (Use Permit, Required Findings), the
following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-H1 (Mixed-Use Horizontal). The
MU-H1 designation can be found for properties located on the inland side of Coast
Highway in the Mariners’ Mile Corridor, (a) the Coast Highway frontages shall be
developed for marine-related and highway-oriented general commercial uses in
accordance with CM and CG designations; and (b) portions of properties to the rear of the
commercial frontage may be developed for free-standing neighborhood-serving retail,
multi-family residential units, or mixed-use buildings that integrate residential with retail
uses on the ground floor in accordance with the CN, RM , CV, or MU-V designations
respectively. Based on its size and design, with all inventory located within the interior
10
Planning Commission Resolution No. PC2018-031
Page 3 of 11
07-23-18
showroom and no on-site maintenance or repair facilitates, this vehicle sales use is similar
to a retail land use and is consistent with this MU-H1 and the CG land use designations.
2. The proposed project application will not result in an increase in floor area and the project
is consistent with the Land Use Element development limitations. The existing building is
15,823 square feet and the subject property is 41,348 square feet resulting in a floor area
ratio (FAR) of 0.37, which is consistent with the 0.5 nonresidential FAR maximum for the
site.
3. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The site is located in the MU-MM (Mixed-Use Mariners’ Mile) Zoning District. This zoning
district applies to properties located on the inland side of Coast Highway in the Mariners’
Mile Corridor. Properties fronting on Coast Highway may be developed for
nonresidential uses only. Vehicle sales are allowed as a conditionally permitted use
within this district to ensure site compatibility.
2. The proposed vehicles sales use complies with all applicable parking and development
standards, including landscaping, building height, floor area ratio, and setbacks.
3. A total of 42 parking spaces are required (Vehicle Sales rate of 1/1,000 square feet of
lot area) where 63 parking spaces are available for the existing building. In this case,
the property consists of 41,348 square feet; therefore, 42 spaces are required. The
previous use, a 15,823-square-foot office building, generated a parking requirement of
one space per 250 square feet, or 62 spaces.
4. The Public Works Department has reviewed the proposed operational characteristics
and determined that a Traffic Study is not required to comply with the Traffic Phasing
Ordinance.
5. The proposed use and project design is consistent with the Mariner’s Mile Strategic
Vision and Design Framework because it provides a highway -oriented general
commercial use on the Coast Highway frontage that is compatible with the surrounding
general commercial retail and service businesses. Additionally, it is consistent with the
architectural and landscaping polices and goals of the Vision and Design Framework.
Finding:
11
Planning Commission Resolution No. PC2018-031
Page 4 of 11
07-23-18
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed project includes conditions of approval to prohibit the more intense
operations associated with vehicle sales, such as maintenance, repair, and installation
of related equipment and parts. This will help ensure that the use remains compatible
with nearby office, motel, and residential uses in the area.
2. The design and operation of the proposed vehicle sales dealership is similar to a retail
store. Traditional vehicle dealerships are typically comprised of a showroom and large
outdoor areas for the display and storage of vehicles and service areas for maintenance
and repairs. The proposed vehicle sales use does not incorporate outdoor display.
3. Several specialty vehicle sales dealerships, including Ferrari, Maserati, Phillips Auto, and
McLaren, in addition to boat and yacht sales facilities are located along the inland side of
the Mariner’s Mile corridor. These types of facilities are consistent with General Plan
designations and are compatible with other allowed uses in the area. The proposed
vehicle sales use will maintain similar hours and characteristics of the existing office
building and other vehicle dealerships located along Mariner’s Mile.
4. The expanded dealership will improve and revitalize the existing vacant office building
and the surrounding area.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The vehicle sales use with a showroom on the first floor and supporting offices on the
second floor of the existing commercial building is similar to retail and office uses. The
design, size, location, and operating characteristics of the use are compatible with the
surrounding retail and service land uses.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utility upgrades or safety requirements
specific to the display of motor vehicles will be required at plan check. The site is
sufficient to accommodate vehicle loading on site.
3. The proposed project is conditioned to prohibit the more intense operations associated
with vehicle sales and is therefore suitable to occupy the existing commercial tenant
space.
12
Planning Commission Resolution No. PC2018-031
Page 5 of 11
07-23-18
4. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. The project will comply with all ordinances of the City and all conditions
of approval.
Finding:
E. 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
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed use would be limited to sales of vehicles only, with no additional inventory,
outdoor storage, maintenance, or repair of vehicles on-site.
2. The delivery or pick-up of vehicles will not be allowed on West Coast Highway and
delivery will take place directly on-site. Due to the relatively small size of the dealership,
delivery of vehicles is expected to be less frequent than a traditional dealership.
3. The project has been reviewed and includes conditions of approval to ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible.
4. That the design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2018-010 (PA2018-166), subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This resolution supersedes UP0251, UP1296, UP1490, and UP2087, which upon vesting
of the rights authorized by this Conditional Use Permit, shall become null and void.
13
Planning Commission Resolution No. PC2018-031
Page 6 of 11
07-23-18
PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF NOVEMBER, 2018.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Zak, Chairman
BY:_________________________
Lee Lowrey, Secretary
14
Planning Commission Resolution No. PC2018-031
Page 7 of 11
07-23-18
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. 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 this Use
Permit.
4. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of NBMC Chapter 20.42 (Signs).
5. Conditional Use Permit No. UP2018-010 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Exceptions), unless an extension is otherwise granted.
6. The hours of operation shall be limited from 8:00 a.m. to 6:00 p.m., daily. The retail vehicle
showroom shall be available on an appointment only basis as identified in the business
plan.
7. The test drive route shall be approved by the City Traffic Engineer and any changes shall
require City Traffic Engineer approval. Test driving of vehicles shall adhere to the approved
test driving route and shall be prohibited on all residential streets. The business shall
adhere to a maximum of ten (10) test drives per week as indicated in their business plan.
The business shall maintain a test drive log indicating the vehicle make/model, date, and
time of test drives and the applicant shall produce and a copy to the Community
Development Director upon request.
8. Retail vehicle display shall be limited to fifteen (15) vehicles located within the interior of
the first floor level of the existing commercial building. Vehicle display or storage is not
permitted in the outdoor parking areas.
9. Vehicle maintenance, service, repair, or washing shall not occur on-site.
10. No outside paging system shall be utilized in conjunction with this establishment.
15
Planning Commission Resolution No. PC2018-031
Page 8 of 11
07-23-18
11. Vehicle 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.
12. The delivery or pick-up of vehicles shall not occur on West Coast Highway and shall
occur directly on-site. No vehicles, including trash trucks and vehicle delivery trucks, can
back out of the site onto West Coast Highway.
13. The planter areas opposite the existing ADA stalls shall be removed to provide a
minimum 24-foot side drive aisle width. The loss of these planting areas shall be off-set
by the planting of a 4-foot wide hedge and three (3) Washingtonia filifera palms with a
minimum 8-foot high brown trunk height adjacent to the front of the property along West
Coast Highway.
14. 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.
15. Mechanical equipment, screening, and the roof paint color shall be architecturally
compatible with the existing building and shall maintain the existing gray roof color or
another color to the satisfaction of the Community Development Director.
16. This Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious
to property or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
17. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
18. 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 o f the
building permits.
19. 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.
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.
16
Planning Commission Resolution No. PC2018-031
Page 9 of 11
07-23-18
21. 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.
22. 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).
23. 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.
24. 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 NBMC to require such
permits.
25. 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 Powerhouse Vehicle Sales including, but not limited to, Conditional Use Permit
No. UP2018-010 (PA2018-166). 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 Conditions
26. As per California Fire Code Section 314.4 Vehicles, liquid-or gas-fueled vehicles, boats,
or other motorcraft shall not be located indoors except as follows:
a. Batteries are disconnected.
b. Fuel in fuel tanks does not exceed one-quarter tank or five (5) gallons (whichever
is least).
c. Fuel in fuel tanks and fill openings are closed and sealed to prevent tampering.
17
Planning Commission Resolution No. PC2018-031
Page 10 of 11
07-23-18
d. Vehicles, boats, or other motor craft equipment are not fueled or defueled within
the buildings.
Building Division Conditions
27. 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.
28. The construction plans must meet all applicable State Disabilities Access requirements.
Accessible parking shall be located at the closest possible route to building entrances.
29. The exit access stairways shall comply with California Building Code Section 1019.
30. The exterior exit stairs shall comply with California Building Code Section 1027.
31. If the second floor office area will be open to the public as part of the vehicle sales business,
an accessible route to the second floor shall be provided if the project does not meet an
exemption per Section 11B-202.4 or 11B-206.2.3 of the California Building Code.
Public Works Conditions
32. Prior to the issuance of building permits for tenant improvements, t he parking layout
shall be revised per City Standard STD-805-L-A and STD-805-L-B. Drive aisles shall be
a minimum of 24-foot wide when adjacent to 9-foot wide parking stall. Parking stalls that
are 8-foot 6 inches wide shall have a minimum drive aisle of 26 feet.
33. The vehicle sales showroom shall be available on an appointment only basis.
34. Landscaping and signage shall be located so as not to impede vehicular sight distance
per City Standard STD-110-L and to the satisfaction of the City Traffic Engineer.
35. All above ground permanent improvements, such as signs, backflow assemblies, etc.
within the existing 12-foot wide street easement along the project frontage of West Coast
Highway shall be relocated at the owner’s expense upon the widening of West Coast
Highway.
36. No planting with substantial root systems shall be installed within the existing Utility and
Storm Drain Easement within the site. Any existing planting with substantial root
systems within the Utility and Storm Drain easement shall be removed prior to the final
of building permits for tenant improvements.
37. Prior to the final of building permits for tenant improvements, a new accessible compliant
driveway approach shall be installed along the West Coast Highway frontage.
18
Planning Commission Resolution No. PC2018-031
Page 11 of 11
07-23-18
38. The applicant shall obtain a Caltrans encroachment permit for all work within the West
Coast Highway right-of-way.
39. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
19
INTENTIONALLY BLANK PAGE20
Attachment No. PC 2
Updated Draft Resolution for Denial
21
INTENTIONALLY BLANK PAGE22
RESOLUTION NO. PC2018-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT NO. UP2018-010 FOR A VEHICLE SALES
SHOWROOM AND OFFICE LOCATED AT 2244 WEST COAST
HIGHWAY (PA2018-166)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ricky Kwan of Powerhouse Enterprises NB, LLC (“Applicant”),
with respect to property located at 2244 West Coast Highway, and legally described as the
northeasterly 100.78 feet of the southeasterly 600.78 feet of Lot “A” of Tract No. 919, in
the City of Newport Beach, as per map recorded in in Book 29, Pages 31 through 34 of
Miscellaneous Maps, in the office of the County Recorder of said County, said 600.78 feet
and said 100.78 feet being measured along the northeasterly line of the California State
Highway as shown on said map, and the northwesterly line and the southeasterly line of
said northwesterly 100.78 feet being parallel with the southeasterly line of said Lot “A”,
except the northeasterly rectangular 150 feet thereof (“Property”).
2. The Applicant requests a conditional use permit to allow a 15,823-square-foot vehicle sales
showroom and office for pre-owned luxury automobiles with no more than fifteen (15)
display vehicles. No exterior vehicle display is proposed. The proposed hours of operation
are from 8:00 a.m. and 6:00 p.m., daily. The showroom is available on an appointment
only basis. Test drives will not exceed ten (10) test drives per week. If approved, this
Conditional Use Permit would supersede Use Permit Nos. UP0251, UP1296, UP1490, and
UP2087, which upon vesting of the rights authorized by this Conditional Use Permit, shall
become null and void.
3. The subject property is designated MU-H1 (Mixed-Use Horizontal) by the General Plan
Land Use Element and is located within the MU-MM (Mixed-Use Mariners’ Mile) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed-Use Horizontal) and it is located within the MU-MM (Mixed-Use
Mariners’ Mile) Coastal Zone District.
5. A public hearing was held on October 18, 2018 and November 8, 2018, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
23
Planning Commission Resolution No. PC2018-031
Page 2 of 2
07-23-18
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a Conditional Use Permit only after making each of
the required findings set forth in Section 20.52.020 (Conditional and Minor Use Permits). In
this case, the Planning Commission was unable to make the required findings based upon the
following:
1. The Planning Commission determined, in this case, that the proposed use permit for a
vehicle sales showroom and office is inconsistent with purpose and intent of NBMC
Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use
is not compatible with allowed uses in the vicinity.
2. The Planning Commission determined, in this case, that the site is not physically suitable
in terms of design, location, shape, size, operating characteristics for a vehicle sales
showroom and office.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2018-010 (PA2018-166).
2. This action shall become final and effective fourteen days after the adoption of this
Resolution 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.
PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF NOVEMBER, 2018.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Zak, Chairman
BY:_________________________
Lee Lowry, Secretary
24
Attachment No. PC 3
Planning Commission Staff Report
October 18, 2018
25
INTENTIONALLY BLANK PAGE26
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 18, 2018
Agenda Item No. 6
SUBJECT: Powerhouse Vehicle Sales (PA2018-166)
Conditional Use Permit No. UP2018-010
SITE LOCATION: 2244 West Coast Highway
APPLICANT: Powerhouse Enterprises NB, LLC.
OWNER: Mariner’s Mile North LLC.
PLANNER: Makana Nova, Associate Planner
949-644-3249, mnova@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to allow a 15,823-square-foot vehicle sales showroom and
supporting office in an existing commercial building for pre-owned luxury automobiles with
no more than 15 display vehicles. No exterior vehicle display is proposed. The prop osed
hours of operation are from 8:00 a.m. through 6:00 p.m., daily. Test drives are not will not
exceed 10 test drives per week.
If approved, this Conditional Use Permit would supersede Use Permit No. UP0251,
UP1296, UP1490, and UP2087, which upon vesting of the rights authorized by this
Conditional Use Permit, shall become null and void.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2018-031 approving Conditional Use Permit No. UP2018-
010 (Attachment No. PC 1).
127
INTENTIONALLY BLANK PAGE2
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 2
VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-H1 (Mixed-Use
Horizontal)
MU-MM (Mixed-Use
Mariners’ Mile) Vacant office building
NORTH RS-D (Single Unit
Residential Detached)
R-1 (Single-Unit
Residential) Single-unit residential dwellings
SOUTH MU-W1 (Mixed-Use
Water Related)
MU-W1 (Mixed-Use
Water Related) Retail and office buildings
EAST MU-H1 (Mixed-Use
Horizontal)
MU-MM (Mixed-Use
Mariners’ Mile) Boat sales and storage
WEST CV (Visitor-Serving
Commercial)
CV (Commercial Visitor-
Serving) Motel (Holiday Inn)
Subject
Property
329
INTENTIONALLY BLANK PAGE4
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 3
INTRODUCTION
Setting and Project Description
The project site consists of a 41,348-square-foot property located on the northerly side of
West Coast Highway, east of the Holiday Inn Express. The site is developed with a 2-
story, 15,823-square-foot vacant office building with a 63-space surface parking lot.
Vehicular access is provided from one driveway accessed from West Coast Highway.
The applicant requests use of the building as a luxury automobile showroom with a
maximum of 15, pre-owned vehicles for sale. Refer to the applicant’s project description
and justification for a more complete description of the proposed use (Attachment No. PC
3). A showroom and interior display for up to 15 vehicles would occupy the first floor level
and the second floor would be limited to office uses. The use would not contain facilities
for the maintenance or repair of vehicles. The recommended hours of operation are from
8:00 a.m. through 6:00 p.m., daily. The showroom is available on an appointment only
basis. Test drives will not exceed 10 test drives per week. Refer to the proposed test drive
route exhibit provided as Attachment No. PC 4.
The existing building would be renovated with roll-up doors on the first floor level that are
large enough to move inventory in and out of the showroom. No expansion or additional
floor area is proposed. The exterior roll-up door would be designed to match the design
and finish of the existing window openings.
Background
The existing 15,823-square-foot retail and office building was constructed in 1982. If
approved, this Conditional Use Permit would supersede Use Permit No. UP0251 (for a
trailer park), UP1296 (for a mobile marine repair shop), UP1490 (for boat sales and
display), and UP2087 (for general office uses on the second floor level, which do not
provide direct services to the public), which upon vesting of the rights authorized by this
Conditional Use Permit, shall become null and void. These approvals are no longer
relevant to the existing development on-site or are already permitted per the current
zoning district.
The subject property is also included in a current application submitted on December 4,
2017, for redevelopment of the property as part of the 11.3-acre Newport Village Mixed-
Use project located along the north and south of West Coast Highway. The applications
for an Approval in Concept, Coastal Development Permit, Conditional Use Permit,
Environmental Impact Report, Site Development Review, Tentative Tract Map, and Traffic
Study (PA2017-253) remain incomplete as the project applicant reconsiders the scope of
the project. If approved, the proposed use permit will run with the land and will be
rescinded if a redevelopment of the property is authorized in the future.
531
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 4
DISCUSSION
Consistency with the General Plan
The General Plan land use designation for this site is MU-H1 (Mixed-Use Horizontal). The
MU-H1 designation can be found for properties located on the inland side of Coast
Highway in the Mariners’ Mile Corridor. The MU-HH is intended to allow the following
development: (a) the Coast Highway frontages shall be developed for marine -related and
highway-oriented general commercial uses in accordance with CM and CG designations;
and (b) portions of properties to the rear of the commercial frontage may be developed
for free-standing neighborhood-serving retail, multi-family residential units, or mixed-use
buildings that integrate residential with retail uses on the ground floor in accordance with
the CN, RM , CV, or MU-V designations respectively. Based on its size and design, with
all inventory located within the interior showroom and no on -site maintenance or repair
facilitates, the vehicle sales use is similar to a retail land use and is consistent with this
MU-H1 and the CG land use designations. Therefore, the proposed project is consistent
with the Land Use Element development limitations.
Consistency with the Zoning Code
The site is located in the MU-MM (Mixed-Use Mariners’ Mile) Zoning District. This zoning
district applies to properties located on the inland side of Coast Highway in the Mariners’
Mile Corridor. Properties fronting on Coast Highway may be developed for nonresidential
uses only. Vehicle Sales is a nonresidential use and is allowed as a conditionally
permitted use subject to obtaining a conditional use permit pursuant to Section 20.23.020
Mixed-Use Districts) of the Newport Beach Municipal Code (NBMC) to ensure site
compatibility.
The existing building is 15,823 square feet and the subject property is 41,348 square feet
resulting in a floor area ratio (FAR) of 0.37, which is consistent with the 0.5 nonresidential
FAR maximum for the site. The existing building height is 24 feet high, which complies with
the 26-foot height limit in the MU-MM zoning district.
Parking Requirement
The off-street parking requirement for Vehicle/Equipment Sales is one space per 1,000
square feet of lot area. In this case, the property consists of 41,348 square feet; therefore,
42 spaces are required. The previous use, a 15,823-square-foot office building, generated
a parking requirement of one space per 250 square feet, or 62 spaces. No intensification
or enlargement of the existing building is proposed; therefore, no additional parking is
required to accommodate the proposed vehicle dealership. A total of 42 parking spaces
are required where 63 parking spaces are available for the existing building. To make the
drive-aisle widths comply near the ADA parking stalls, a portion of the planter area
opposite these stalls would be removed to provide a 24-foot minimum width. The loss of
632
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 5
these planting areas would be off-set with new plantings at the front along the West Coast
Highway frontage.
Traffic Analysis
The Public Works Department has reviewed the proposed operational characteristics and
determined that a Traffic Study is not required to comply with the Chapter 15.40 (Traffic
Phasing Ordinance) of the Newport Beach Municipal Code. The renovated building was
previously occupied by an office building, which generated 150 average daily trips (ADT)
(15.41 thousand square feet (TSF) x 9.74 ITE trip rate/TSF = 150 ADT). The proposed
vehicles sales use generates 417 ADT (15.41 TSF x 27.06 ITE trip rate/TSF = 417 ADT),
or 267 additional average daily trips. The threshold to require a traffic study is a net
increase of 300 or more average daily trips and thus, a traffic study is not required to
accommodate vehicle sales at this site. Further, the operational characteristics of this
vehicle sales use suggests reduced trip generation than a typical automobile dealership
since the site inventory is limited, the business is will operate on an appointment only
basis, and no repair and maintenance services are provided.
Coastal Land Use Plan
The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed-Use Horizontal) and it is located within the MU-MM (Mixed-Use
Mariners’ Mile) Coastal Zone District. The proposed vehicle dealership does not result in
a change or intensification of the existing/historical use that would require a Coastal
Development Permit. There is no increase in the parking rate, building floor area, or
building height. Despite the potential increase in traffic, the City Traffic Engineer has
determined that there would be no impact to intensification and roadways by applying the
Traffic Phasing Ordinance. The only physical modification to the existing building is the
installation of a roll-up door to provide vehicle access to the showroom. Vehicle display
would occur entirely within the building, similar to a retail sales use. The second floor level
would continue to be utilized as administrative offices serving the vehicle dealership.
Therefore, the proposed use would not result in a change or intensification of use that
would require a Coastal Development Permit.
Mariners’ Mile Design Framework and Guidelines
The Mariners’ Mile Strategic Vision and Design Framework provides a set of design
strategies and goals for the improvement of Mariners’ Mile. The following design policies
are applicable to the proposed project:
1.11 Recognize the auto-reliant nature of much of Pacific Coast Highway,
particularly on those zones on the inland side, both east of Rocky Point and
west of 3000 West Pacific Coast Highway.
733
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 6
1.12 Institute improved planning, design and development standards for auto -
oriented businesses (i.e. requiring better quality buildings and landscaping
to “fit in” with Mariner’s Mile).
5.11(c)Design freestanding buildings as “five-sided” walls + roof.
The proposed project is not located in the specific auto-reliant areas identified in Policy
1.11. However, the proposed project would add to the “auto -reliant” uses (auto dealers,
drive-thru and stand-alone restaurants, car washes, and convenience retail) of Mariners’
Mile. The use will be limited to the display and sale of vehicles within a building designed
for traditional office and does not present the types of impacts associated with traditional
automobile use dealerships such as inventory/storage, exterior display, and maintenance
and repair facilities.
The Design Framework suggests a common color palette (calm neutrals with accenting
trim) to create a less discordant, more tasteful and sophisticated appearance. The
proposed project includes minor improvements to the exterior of the building to
accommodate a new tempered glass roll-up door for vehicle access to the showroom.
The existing neutral grey colors of the building are consistent with the Design Framework.
Existing landscaping would be maintained on-site and a new 4-foot wide hedge and three
palms (Washingtonia filifera) would be added to enhance the front of the property along
West Coast Highway consistent with the Design Framework. The Design Framework also
encourages 5-sided architecture where the design considers the roof and impacts to
resident’s above. Roof-top equipment is adequately screened from the ground with the
existing roof design. The draft resolution includes a condition of approval to maintain the
existing gray roof color or other color to the satisfaction of the Community Development
Director so that mechanical equipment, screening, and paint color are architecturally
compatible with the existing building and does not result in a light or glare concern for
residents above.
Conditional Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits)
of the NBMC, the Planning Commission must make the following findings for approval of
a conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan.
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
834
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 7
4. 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.
5. 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 otherwis e
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Staff believes sufficient facts exist to support each finding. The vehicle sales use is
consistent with the MU-H1 (Mixed-Use Horizontal) General Plan land use category and
is a conditionally permitted use in the MU-MM (Mixed-Use Mariners’ Mile) zoning district.
In this particular case, the proposed use is similar to a retail use and lacks the service
repair bays, parts store, and on-site vehicle inventory storage typically associated with
auto dealerships. Additionally, several specialty vehicle sales dealerships, including
Ferrari, Maserati, Phillips Auto, and McLaren, in addition to boat and yacht sales facilities
are located along the inland side of the Mariners’ Mile corridor. The proposed retail
vehicles sales dealership will operate in a similar manner to these existing businesses
and will be compatible with nearby residential properties.
The following conditions of approval have been included in the draft resolution
(Attachment No. PC 1) to ensure that the establishment is compatible with surrounding
land uses, that more intense operations associated with vehicles sales such as exterior
inventory storage and service/maintenance are not permitted, and that the use remains
consistent with the business plan submitted with this application :
Limits the number of vehicles to 15 vehicles displayed within the existing building.
Prohibits vehicle display or storage in outdoor parking areas.
Hours of operation from 8:00 a.m. through 6:00 p.m., daily, which is similar to
existing retail/office uses authorized for the site.
Test drives are limited to 10 per week so that the use is commensurate with the
prior office uses does not result in undue noise nuisances to nearby residential
property owners located along Cliff Drive.
Vehicle maintenance and repair will not be permitted on -site.
All vehicle deliveries will be required to occur on-site via flatbed truck so that traffic
circulation on West Coast Highway is not impacted.
The Building Division and Public Works Department have included conditions of
approval requiring some site and building design modifications in the tenant
improvement plans for ADA accessibility.
The site provides adequate public and emergency access and the low inventory nature
of the proposed use suggests the operation will be compatible with the other uses in the
Mariners’ Mile area. The proposed retail vehicle sales will provide an economic
935
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 8
opportunity for the property owner to update the office tenant space and provide additional
services to employees, residents, and visitors.
Alternatives
The following alternatives are available to the Planning Commission should they feel the
facts are not enough evidence to support the project application:
1. The Planning Commission may suggest specific operational changes that are
necessary to alleviate any concerns. If any additional re quested changes are
substantial, the item could be continued to a future meeting. Should the Planning
Commission choose to do so, staff will return with a revised resolution
incorporating new findings and/or conditions.
2. If the Planning Commission believes that the facts to support the findings for
approval are insufficient, the Planning Commission should deny the application
and provide facts in support of denial to be included in the attached draft resolution
for denial (Attachment No. PC 2).
Environmental Review
Staff recommends that the Planning Commission find the project is categorically exempt
under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines -
Class 1 (Existing Facilities). The Class 1 exemption includes 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 use. The proposed project includes exterior and interior
improvements to convert an office building to a vehicle sales showroom with supporting
offices and involves no expansion in floor area.
Public Notice
Notice of this hearing 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 meeting, 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.
1036
Powerhouse Vehicle Sales Conditional Use Permit
Planning Commission, October 18, 2018
Page 9
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Applicant’s Project Description and Justification
PC 4 Test Drive Route
PC 5 Project Plans
:\Users\PLN\Shared\PA's\PAs - 2018\PA2018-166\PC\PA2018-166 PC Rpt.docx01/12/18
1137
INTENTIONALLY BLANK PAGE38
Attachment No. PC 4
Planning Commission draft Minutes
October 18, 2018
39
INTENTIONALLY BLANK PAGE40
NEWPORT BEACH PLANNING COMMISSION 10/18/2018
4 of 6
In response to Vice Chair Weigand's query, Assistant Planner Westmoreland advised that with another one-year
review, staff would review all conditions of approval for the dealership operations.
Motion made by Commissioner Kramer and seconded by Vice Chair Weigand to amend the site plan to reflect
the current condition and to require an additional one-year review to confirm compliance with refuse and outdoor
storage conditions.
AYES: Zak, Weigand, Kleiman, Koetting, Kramer, Lowrey
NOES: None
ABSTAIN: None
ABSENT: None
IX. PUBLIC HEARING ITEMS
ITEM NO. 6 POWERHOUSE VEHICLE SALES CUP (PA2018-166)
Site Location: 2244 West Coast Highway
Summary:
A Conditional Use Permit to allow a 15,823-square-foot vehicle sales showroom and supporting office for
pre-owned luxury automobiles with approximately 15 display vehicles. No exterior vehicle display is
proposed. The proposed hours of operation are from 8:00 a.m. through 6:00 p.m., daily. Test drives are
not anticipated to exceed 10 test drives per week. If approved, this Conditional Use Permit would
supersede previously approved Use Permit Nos. UP0251, UP1296, UP1490, and UP2087, which upon
vesting of the rights authorized by the subject application, shall become null and void.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2018-031 approving Conditional Use Permit No. UP2018-010.
Associate Planner, Makana Nova, reported the showroom will be located on the first floor with office uses on
the second floor. Staff proposes allowing a maximum of 15 display vehicles in the showroom where the floor
plans show a maximum of 12 vehicles. There is no exterior vehicle storage or display. No vehicle repair is
proposed as part of the application. The proposed hours of operation are similar to the existing office uses,
8:00 a.m. to 6:00 p.m., daily, and customers will be seen primarily on an appointment-only basis. The applicant
proposes a maximum of 10 test drives per week. Land uses designated for the property are mixed-use, and
residential uses are located north of the site. Land use compatibility was a key consideration in staff's review
of the application. There are 63 parking spaces on-site, and the parking requirement for the proposed use is
42 parking spaces. When reviewing the application, the Building Division and Public Works Department noted
the drive aisle behind the ADA parking stalls is less than 24 feet wide. Some of the landscape areas opposite
the parking areas would have to be removed to accommodate a 24-foot-wide drive aisle. To offset the removal
of landscape, landscaping would be added at the front of the building, including a 3-foot-wide hedge and 3
palm trees in keeping with the guidelines set forth in the Mariners’ Mile Strategic Vision and Design Framework.
The Public Works Department requests the drive apron at the front of the main entrance off Coast Highway be
replaced to comply with ADA standards, which would require an encroachment permit. The existing use
permits on the site are outdated because they are based on prior development of the site; thus, staff has
determined the use permits are no longer relevant and should be rescinded. A roll-up door would be installed
in the existing window area to provide access for display vehicles. The draft conditions of approval prohibit
test drives on residential streets and require a log of test drives that would have to be made available upon
staff's request. Staff has determined the project is categorically exempt under Class 1 of the California
Environmental Quality Act Guidelines. If approved, the use permit would become effective on November 1,
2018. If no appeal is filed, the applicant could proceed with tenant improvements, permitting and construction.
Vice Chair Weigand suggested continuing the item to the next Planning Commission meeting to ensure site
compatibility of a car dealership with potential mixed-use development, including residential units, which is
planned for the adjacent property. Vice Chair Weigand wanted to be sure the use is permissible under the
41
NEWPORT BEACH PLANNING COMMISSION 10/18/2018
5 of 6
General Plan and to allow time for the property owner and residents to discuss potential development of the
adjacent property.
In response to Commissioners' questions, Associate Planner Nova advised that the dealership site is included
in the Newport Village application, which is currently and incomplete application. The applicant is reconsidering
the scope of the Newport Village project. Staff is aware of the meeting between the property owner and several
residents scheduled for the following week. Mariners’ Mile North LLC is the property owner, and the manager
of the LLC is Manouch Moshayedi. Community Development Director Jurjis added that the City is not a party
to the meeting between the property owner and residents. If the Commission wishes to continue the item, it
could be continued to November 8th.
In response to Commissioner Koetting’s inquiry, Associate Planner Nova noted that the applicant has indicated
that vehicles will be brought to the site via flatbed truck, rather than tractor-trailer style transport trucks.
In reply to Commissioner Kleiman's inquiries related to the proposal to continue the item, Chair Zak believed
the purpose of continuing the item is to allow as much public outreach as possible. The Commission probably
will not get a full picture of the ultimate project proposed for the adjacent site for quite some time. Vice Chair
Weigand added that a number of residents had contacted him to request the item be continued.
Chair Zak opened the public hearing.
Jim Mosher noted the staff report implies that the conditional use permit for vehicle sales may be rescinded if
the Newport Village proposal is adopted; however, that is not reflected in the resolution. He did not believe
approval of the application would be consistent with the Mariners’ Mile Strategic Vision and Design Framework,
even though staff pointed out that the project does not look quite like an auto dealership. The finding that the
project does not need a coastal development permit, because the project does not increase the intensity of
use, should be reconsidered because the number of trips to and from the property would increase from 150 to
417 per day.
Sandra Ayers supported the Planning Commission continuing the item. This project does not further the goal
of maintaining the nautical spirit along Mariners’ Mile. The proposed conditional use permit is outside the
defined uses for the site along Coast Highway. The Newport Heights Association was not informed of the
conditional use permit application. There are Local Costal Program and California Environmental Quality Act
concerns. The Newport Village project should be reviewed in its entirety. Residents have asked the developer
if the proposed use would change in the future and received a response that there were no plans in the works.
Chair Zak closed the public hearing.
In answer to Commissioner Koetting's queries, City Traffic Engineer Tony Brine explained that the 417 trips is
based on the trip rate for a typical auto sales lot, but the proposed business is not a typical auto sales lot. The
number is misleading and overstates the increase in trips. Associate Planner Nova related that staff worked
on a series of community meetings for the Mariners’ Mile Revitalization Master Plan during the prior year, but
that effort was put on hold to consider it as part of the anticipated General Plan update. The General Plan,
Zoning Code, and Coastal Land Use Plan standards apply to the project. The Mariners’ Mile Strategic Vision
and Design Framework is a set of guidelines and objectives for the area but do not set specific code or
development standards. The Zoning Code allows vehicle sales in this particular zone, on this particular lot, as
a conditionally permitted use.
Commissioner Kramer remarked that the Commission cannot wait years for the General Plan to be updated and
that they have a duty to take action on the application before them. The Commission must consider the current
General Plan and Zoning Code regulations, in place, when reviewing the application and the current regulations
in place allow for the proposed use. This is a cosmopolitan city and this is a local location for a luxury car dealership
to occur in Mariners’ Mile. He noted his support for the applicant’s request when it comes time to take action on
the application.
Vice Chair Weigand disclosed ex parte communications with residents. The remaining Commissioners disclosed
no ex parte communications.
42
NEWPORT BEACH PLANNING COMMISSION 10/18/2018
6 of 6
Motion made by Vice Chair Weigand and seconded by Chair Zak to continue the item to November 8, 2018.
AYES: Zak, Weigand, Kleiman, Koetting, Kramer, Lowrey
NOES: None
RECUSED: None
ABSENT: None
X. STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
None
ITEM NO. 8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
Commissioner Koetting commented that it is important for the applicant and/or a representative of the property
owner to be present. Associate Planner Nova advised that the applicant and his representative were present for
Item 6. Chair Zak added that neither the applicant nor his representative chose to speak during the public hearing.
Jim Mosher stated the City received 17 applications for the vacant seat on the Planning Commission. A City
Council subcommittee will select five of the 17 applicants.
Community Development Director Jurjis interrupted Mr. Mosher and advised that his comments did not pertain to
this particular agenda item.
Chair Zak requested staff update the Commission at the next meeting regarding the vacant seat on the
Commission.
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
None
XI. ADJOURNMENT – 7:23 p.m.
The agenda for the October 18, 2018, Planning Commission meeting was posted on Thursday, October
11, 2018, at 3:40 p.m. in the Chambers binder, 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 Thursday, October 11,
2018, at 3:55 p.m.
_______________________________
Peter Zak, Chairman
_______________________________
Lee Lowrey, Secretary
43
INTENTIONALLY BLANK PAGE44
Attachment No. PC 5
Public Comments
45
INTENTIONALLY BLANK PAGE46
From:Jim Mosher
To:Planning Commissioners
Cc:Nova, Makana
Subject:Comments on PC agenda Item 6
Date:Thursday, October 18, 2018 1:14:50 PM
Attachments:2018Oct18_PC_AgendaItem_6_Comments_JimMosher.pdf
Please find attached some comments on Item 6 on tonight's Planning Commission
agenda (the proposed new auto sales facility at 2244 West Coast Highway).
-- Jim Mosher
Planning Commission - October 18, 2018
Item No. 6a Additional Materials Received After Deadline
Powerhouse Vehicle Sales CUP (PA2018-166)
47
October 18, 2018, Planning Commission Item 6 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. 6. POWERHOUSE VEHICLE SALES CUP (PA2018-166)
Regarding the proposed resolution of approval (Attachment PC 1):
1.Section 1.1: The legal description, already difficult to decipher, is made completely
inscrutable by what seem to be two typos made in copying the description to the resolution
(referring to it by Assessor’s Parcel Number might have been easier). As presented it refers
to the northeasterly segment of a southeasterly property line, something that is logically
impossible since northeasterly and southeasterly are directions at right angles to each other.
To make sense of it, these corrections are needed: “legally described as the northeasterly
northwesterly 100.78 feet of the southeasterly 600.78 feet of Lot “A” of Tract No. 919, …
and the northeasterly northwesterly line and the southeasterly line of said northwesterly
100.78 feet …”
a.It might be noted that “Lot "A" of Tract No. 919” is the entire 31.86 acres bounded by
what are now Cliff Drive on the north and PCH on the south and running from the
extension of Irvine Avenue on the east to Riverside Avenue on the west. The
southeast corner is the point where the extension of Irvine Avenue would touch the
PCH right-of-way.
2.Section 1.2:
a.It is unclear why the Commission is being asked to approve a use permit for a 15 car
display when the applicant’s request (handwritten page 33, paragraph 3) and plan
(handwritten page 41) is for 12.
b.It is also unclear how the voiding of the earlier use permits for this property can be
found consistent with the Harbor and Bay Element of the City’s General Plan.
i.According to handwritten page 5 of the staff report, UP1296 is for “a mobile
marine repair shop” and UP1490 is for “boat sales and display.”
ii.Policy HB 1.1 calls for such uses to be preserved and enhanced, not
displaced by non-harbor-related ones.
c.The requested change of use also seems inconsistent with the City’s Mariner's Mile
Strategic Vision and Design Framework.
i.Section 0.33 (page 12) specifically cites “Continued transformation of
properties to auto-serving uses” as one of the undesirable consequences of
ignoring its proposals.
ii.Section 2.72(d) (page 37) seeks to “Balance Neighborhood, Marine and
Tourism” by containing the intrusion of auto dealerships though limiting “auto-
serving retail” to “Inland East” and “Inland West” – the existing “auto-oriented
strips” illustrated on page 13.
Planning Commission - October 18, 2018
Item No. 6a Additional Materials Received After Deadline
Powerhouse Vehicle Sales CUP (PA2018-166)
48
October 18, 2018, PC agenda Item 6 comments - Jim Mosher Page 2 of 2
1.2244 West Coast Highway is not in the “auto-oriented strips” of the
Strategic Vision and Design Framework.
2.It is also not within the “highway-oriented commercial corridor” of our
General Plan Land Use Element Policy LU 6.19.1.
3.Section 1.4: Coastal development permits are required for increased intensity of land use,
with “Change in the intensity of use of land” defined in NBMC Sec. 21.70.020 as “a change
in the intensity of use of land which is likely to result in a new, decreased or increased
impact due to a lesser or greater level of activity, population density, traffic generation,
parking demand, dust, odor, noise, or similar impacts.”
a.Per handwritten page of the staff report the proposed use is predicted to increase the
average daily trips generated by the parcel from 150 to 417 (nearly tripling the
number). It is hard to see how this could not be perceived as a “Change in the
intensity of use of land” per the Coastal Commission certified definition.
b.The City’s Traffic Phasing Ordinance is not (to the best of my knowledge) part of the
City’s Local Coastal Program. It is hard to see how it can be used to dismiss the
need for a CDP.
4.Neither the staff report nor the resolution mentions that on July 19, 2007, as Item 4, the
Planning Commission (probably erroneously) approved redevelopment of this property as
“Lamborghini OC.” Presumably that approval has lapsed?
Planning Commission - October 18, 2018
Item No. 6a Additional Materials Received After Deadline
Powerhouse Vehicle Sales CUP (PA2018-166)
49
The Coalition to Protect Mariner’s Mile
PO Box 2967
Newport Beach, CA 92659
October 30, 2018
The City of Newport Beach
Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
Re: Powerhouse Vehicle Sales –Use Permit No: UP2018-010
2244 West Coast Highway- Mariners Mile
Dear Chairman Zak and Members of the Planning Commission:
This letter is regarding the application that has been filed by Powerhouse Vehicle Sales
for a Conditional Use Permit, (CUP), at the property located at 2244 West Coast
Highway, Newport Beach.
The application site is currently located within the proposed “Newport Village” plan that
has been previously filed with the City of Newport Beach. Under these circumstances,
we are requesting that a Temporary Use Permit be issued to the applicant, (TUP). This
would allow for the short-term placement of activities on privately owned property with
the appropriate regulations, so that such activities will be compatible with the
surrounding areas.
We are also requesting that an additional Condition of Approval be added that contains
language that the temporary use permit is to be automatically revoked upon the
approval of the Newport Village project.
The proposed hours of operation proposed in Condition No. 6 state “The proposed
hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. daily”. The surrounding
communities of Cliff-Haven and Newport Heights request this Condition be amended to
add a stipulation that test drives be restricted to the hours between 10:00 a.m. to 4:00
p.m.
We do support the language in Condition No. 7 that stipulates that “test drives shall be
prohibited on residential streets” and want to stress we understand this to mean no test
drives will not occur in and around the above-mentioned neighborhoods.
50
If the Planning Commission can make this a Temporary Use Permit and Condition 6 is
amended as requested, our primary issues with this request will have been addressed.
Thank you for your consideration of our concerns.
Peggy V. Palmer
The Coalition to Protect Mariner’s Mile
51
INTENTIONALLY BLANK PAGE52
Attachment No. PC 6
Trip Generation Supporting Data
53
INTENTIONALLY BLANK PAGE54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
Attachment No. PC 7
Applicant’s Project Description
and Justification
69
INTENTIONALLY BLANK PAGE70
2020 Main St., Ste. 100
Irvine, CA 92614
PH (949) 851-5100
FX (949) 261-9092
Lic. #01991785
HarringtonGroupRE.com
The project herein proposed is to establish a luxury auto showroom for the purpose of supporting the
luxury auto sales business that will be occupying the premises. Said project will help to achieve the
objectives set forth in the General Plan that which are geared towards the “revitalization of older
commercial areas” by “re-using underperforming properties”.
Consistent with other uses in the immediate vicinity, the project will feature a clean, visually appealing
layout and will provide further diversity in the retail options available to both visitors and residents alike.
The show room will include up to, but not exceed, 12 luxury, pre-owned, automobiles for sale. The hours
of operation of the show room will be from 10:00 AM to 6:00 PM, Monday through Sunday, on an
appointment only basis.
There will be up to four employees in the show room at any given time. Test drives of the automobiles
for sale will not exceed 10 total test drives per week (less than one per day).
The proposed site, its design, size and operational characteristics are a perfect fit for the proposed
project. Information regarding the site is below:
Lot Area:41,501 (.95 Acres)
Lot Width: 102.2 Feet
Lot Depth: 397.7-412.2 Feet
Set Backs: 10.44’ to Landscape - 25’ to building
Floor Area: 15,410
Floor Area Ratio: .37
Building / Lot Coverage: 49.98%
Building Height: 24’
Parking: 4:1000 -> 62 spaces
www.HarringtonGroupRE.com
PA2018-166
3371
INTENTIONALLY BLANK PAGE72
Attachment No. PC 8
Test Drive Route
73
INTENTIONALLY BLANK PAGE74
1
Coa
s
t
H
w
y
Coa
s
t
H
w
y
Newport BlvdNewport BlvdCli
f
f
D
r
Cli
f
f
D
r
Riverside AveRiverside AveVia LidoVia Lido
NEWPORT BEACH
Proposed Test Drive Route
3775
INTENTIONALLY BLANK PAGE76
Attachment No. PC 9
Project Plans
77
INTENTIONALLY BLANK PAGE78
3REMOVE AND REPLACE EXISTINGSTOREFRONT WINDOW SYSTEM WITH NEWTEMP GLASS ROLL UP DOOR TO BESELECTED BY OWNER AND INSTALLED PERMANUFACTURERS RECOMMENDATIONS.2FIRST FLOORPLANPA2018-166Attachment No. PC 5 - Project Plans79
INTENTIONALLY BLANK PAGE80
012345ABC1ST FLOOR WALL LINEDNPA2018-166Attachment No. PC 5 - Project Plans81
INTENTIONALLY BLANK PAGE82
3A.6.13A.6.13A.6.13A.6.13A.6.13A.6.13A.6.112A.6.012A.6.0012345ABCAREA OF WORKENTRY10OMEN'S102WOMNS103104105UPUPUPOPEN PLAN OFFICE101OPEN PLAN SHOWROOM101STAIRS208STORAGEWOMNSREMOVE AND REPLACE EXISTINGSTOREFRONT WINDOW SYSTEM WITH NEWTEMP GLASS ROLL UP DOOR TO BESELECTED BY OWNER AND INSTALLED PERMANUFACTURERS RECOMMENDATIONS.2FIRST FLOORPLAN1ELEVATIONREMOVE AND REPLACE EXISTINGSTOREFRONT WINDOW SYSTEM WITHNEW TEMP GLASS ROLL UP DOOR TOBE SELECTED BY OWNER ANDINSTALLED PER MANUFACTURERSRECOMMENDATIONS.SEE EXISTING PERMIT NO X2018-1869FOR INFORMATION CALLED OUT ONTHIS SHEET NOT INCLUDED IN THISPACKAGE1No. Revision/Issue..FLOOR IMPROVEMENT PLAN PA2018-166Attachment No. PC 5 - Project Plans83
INTENTIONALLY BLANK PAGE84
Hedge
(E) CONCRETE 'V' GUTTER
(E) CONCRETE 'V' GUTTER
(E) CONCRETE 'V' GUTTER
(E) CONCRETE ACCESSIBLE PARKING AREA.5'-0"5'-3"5'-0"(E) DETECTABLE WARNING STRIP (TYP).
SEE 3/A.1.0
(E) ACCESSIBLE PARKING
(N) ACCESSIBLE PARKING SIGN
(TYP.) SEE 1/A.1.0 & 2/A.1.0
3'-0"
SHEET NUMBER:A.1.0
SITE PLAN / ADA PATH
OF TRAVEL
SCALE:116 " = 1'-0"
EXISTING SITE PLAN - FOR REFERENCE ONLY NSITE PLAN NOTES
1. ALL WALKS AND SIDEWALKS SHALL BE 48" MIN. WIDTH.
2. ALL WALKS SHALL BE PROVIDED WITH A LEVEL AREA NOT LESS
THAN 60"X60" AT DOOR OR GATE THAT SWINGS TOWARD THE
WALK, AND NOT LESS THATN 48" WIDE BY 44" DEEP AT A
DOOR OR GATE THAT SWINGS AWAY FROM WALK.
3. THE FLOOR LANDING SHALL NOT BE MORE THAN
1
2" LOWER
THAN THE THRESHOLD OF THE DOORWAY.
4. WHEN THE SLOPE IN THE DIRECTION OF TRAVEL OF ANY WALK
EXCEEDS ONE VERTICAL TO 20 UNITS HORIZONTAL. (5%
GRADIENT), IT SHALL COMPLY WITH THE PROVISIONS OF
SECTION 1133B.5 (1133B.7.3)
5. LEVEL AREA OF WALKS SHALL EXTEND 24" TO THE SIDE OF THE
STRIKE EDGE OF A DOOR OR GATE THAT SWINGS TOWARD THE
WALK. (113B.7.5)
6. ALL ENTRANCE AND EXTERIOR GROUND FLOOR EXIT DOORS TO
BUILDING AND FACILITIES SHALL BE MADE ACCESSIBLE TO
PERSONS WITH DISABILITIES. (113B.1.1.1.1)
7. ALL BUILDING AND FACILITY ENTRANCE THAT ARE ACCESSIBLE
TO AND USABLE BY PERSON WITH DISABILITIES AND AT EVERY
MAJOR JUNCTION ALONG OR LEADING TO AN ACCESSIBLE
ROUTE OF TRAVEL SHALL BE IDENTIFIED WITH A SIGN
DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILITY
AND WITH ADDITIONAL DIRECTIONAL SIGNS, AS REQUIRED, TO
BE VISIBLE TO PERSONS ALONG APPROACHING CIRCULATION
PATHS. (1117B.5.8.1.2 AND 1127B.3)
8. WHEN SIGNS DIRECT TO OR GIVE INFORMATION ABOUT
PERMANENT ROOMS AND FUNCTIONAL SPACES OF BUILDING
OR SITE, THEY SHALL COMPLY WITH CBC SECTIONS
1117B.5.2, 1117B.5.3, 1117B.5.4 MEANS OF EGRESS SIGNS AND
IDENTIFICATION FOR VISUAL EXIT SIGNS, GRAPHICS,
ILLUMINATION, POWER SOURCE, TACTILE EXIT SIGNAGE,
TACTILE STAIR LEVEL IDENTIFICATION AND SPECIAL EGRESS
CONTROL DEVISES SHALL COMPLY WITH CBC SECTIONS
1133B & 1117B.5.1.2
JOB NUMBER:XXXXX
REVISIONS
2
A.6.0
SITE PLAN LEGEND
ADA PATH OF TRAVEL
ISSUED FOR:PROJECT:TENANT IMPROVEMENT FOR2 2 4 4 W . COAS T HI GHW AYN E W P O R T B E A C H , C A 9 2 6 6 33412 VIA LIDO NEWPORT BEACH CALIFORNIA 92663 TEL 949 500 9416A R C H I T E C T U R E A N D I N T E R I O R S
PREPARED BY:
1'-6" DIA.
SCALE
NTS1 TYP. VAN ACCESS. SIGN
VAN ACCESSIBLE
MINIMUM FINE $250
17" x 22"
TOWING SIGN
2'
SCALE
NTS3 TRUNCATED DOMES
1.6" - 2.4"
1.6" - 2.4"
3"
PLAN
0.9" - 1.4"
ELEVATION
0.2"
50 - 65% OF BASE DIA.
DETECTABLE WARNING STRIP. SEE 2/A.1.0
SITE PLAN SCOPE OF WORK
6'-8"
DATE:5/22/17
1'-6" DIA.
SCALE
NTS2 TYP. ACCESS. PARKING SIGN
MINIMUM FINE $250
17" x 22"
TOWING SIGN
2'3"
6'-8"
1. ALL WORK ON THIS SHEET IS SHOWN FOR REFERENCE ONLY
PATH OF TRAVEL AND ACCESSIBLE PARKING WAS COMPLETED UNDER PERMIT # X2015-3296, 12/8/16
EXISTING TWO STORY BUILDING
INTERIOR UPGRADES
ONLY UNDER THIS PERMIT
(E) PARKING LOT
FOR REFERENCE ONLY
Mx3 VENTURES, LLC
2505 W. COAST HWY. #201
NEWPORT BEACH, CA 92663
Tel. 949.631.6276
233'
9'
17.5'17.5'92'92'18.5'20’
24’24’
24’24’
46’
24’
9’
17’*
*All handicap stalls measure 9’ x 17’
**All regular stalls measure 9’ x 17.5’
**
1.
2.
1.Remove existing planters
2.Addition of city recommended landscaping
Proposed Parking Lot Revisions
PA2018-166 Attachment No. PC 5 - Project Plans
85
November 8, 2018, Planning Commission Item 3 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. 3. POWERHOUSE VEHICLE SALES CUP (PA2018-166)
1.In the last paragraph at the end of staff report page 2, the reference to Attachment No. PC 5
should be to PC 6.
2.Regarding the City’s Local Coastal Program (staff report page 3), its Implementation Plan
(NBMC Title 21) requires Coastal Development Permits for “development” within the Coastal
Zone. Essentially quoting the Coastal Act’s definition, Title 21 defines “development” as
including, among other things, a “change in the density or intensity of use of land.”
a.In the present case, page 3 of the staff report dismisses the need for a CDP by
quoting the definition of “Change in the intensity of use of land” from Title 21. It does
so by emphasizing there will be no increased impact.
b.The staff report ignores the fact the definition places equal emphasis on changes of
use that result in a decreased impact.
c.I am not sure why a decreased impact should require a CDP, but the sharp reduction
in ADT predicted on page 3 clearly makes this proposal fit the definition of
“development.”
3.With regard to the connection between this request and the larger Newport Village
application (PA2017-253), the October 18, 2018, staff report (end of its handwritten page 5)
acknowledged the existence of that plan and said “the proposed use permit will run with the
land and will be rescinded if a redevelopment of the property is authorized in the future.”
a.That could have been read to imply the present permit would be automatically
rescinded if the larger project Newport Village were approved.
b.The new staff report says the present permit will be rescinded only if this particular
parcel is redeveloped, and that if this parcel is not redeveloped the remaining
development will have to be designed around it.
4.Regarding the updated proposed resolution of approval (Attachment PC 1) [it would have
been helpful to highlight what has been updated]:
a.Section 1.1: See my comment from October 18 (present Attachment No. PC 5). The
legal description continues to contain errors:
i.In line 3, this parcel is the northwesterly 100.78 feet of a larger lot, not the
northeasterly part.
b.Section 1.4: The conclusion regarding the absence of need for a CDP appears to be
based on erroneous logic (see my comment 2, above): a decrease in intensity is a
“change” as much as an increase is.
Planning Commission - November 8, 2018
Item No. 3a Additional Materials Presented At Meeting
Powerhouse Vehicle Sales CUP (PA2018-166)
November 8, 2018, PC agenda Item 3 comments - Jim Mosher Page 2 of 2
c. Section 3.B.5: The claim that “The proposed use and project design is consistent
with the Mariner’s Mile Strategic Vision and Design Framework” is questionable.
i. The strategic vision calls for auto-related uses to the confined to the east and
west ends of the Mariner’s Mile corridor.
ii. This proposal represents an expansion of auto sales into an area outside the
area where they were planned.
5. I continue to be puzzled why the resolution is for 15 vehicles when the application
(Attachment No. PC 7) and plan (Attachment No. PC 9) is for 12.
Planning Commission - November 8, 2018
Item No. 3a Additional Materials Presented At Meeting
Powerhouse Vehicle Sales CUP (PA2018-166)