HomeMy WebLinkAbout02_101 Bayside Drive Limited Term Permit_PA2016-164 Zoning Administrator-January 26, 2017
Item No.2
P�R�' CITY OF NEWPORT BEACH
}
@�n COMMUNITY DEVELOPMENT DEPARTMENT
F' 100 Civic Center Drive
Newport Beach,California 92660
949 644-3200
C4"poRN�P newportheachca.gov/communitydevelopment
Memorandum
To: Patrick Alford, Zoning Administrator
From: Liz Westmoreland, Assistant Planner
Date: January 26, 2017
Re: Limited Term Permit for Vehicle Storage (PA2016-164)
On January 12, 2017, the referenced application was continued to the January
26, 2017, Zoning Administrator meeting. Staff has been discussing current and
future operations at the AutoNation dealership located at 445 East Coast
Highway. Dealership operations and the referenced application are linked
together and the discussions with the applicant are ongoing.
On January 25, 2017, the Applicant submitted a request to place the project on
hold for the purpose of considering the temporary use in conjunction with a
planned amendment of the Conditional Use Permit for the AutoNation dealership
at 445 East Coast Highway.
Staff recommends this item be removed from calendar.
Community Development Depa
U ? COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive,P.O. Box 1768,Newport Beach, CA 92658-8915
Cq�IFORN`P 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 12, 2017
Agenda Item No. 4
SUBJECT: Newport Dunes Limited Term Permit for AutoNation (PA2016-164)
101 Bayside Drive
• Limited Term Permit No. XP2016-009
APPLICANT: Newport Dunes Resort and Marina
OWNER: Terravista Management Inc.
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, Iwestmoreland@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: PC48 Newport Dunes
• General Plan: PR Parks and Recreation
PROJECT SUMMARY
A Limited Term Permit application (over 90 days) to store up to 300 vehicles from the
AutoNation dealership in a temporary location at the Newport Dunes Resort and Marina.
The parking area abuts residential uses to the west, marina related uses to the north,
and additional Newport Dunes Resort and Marina parking to the south. AutoNation
porters would retrieve vehicles from the existing AutoNation facility (445 East Coast
Highway) via Bayside Drive and drive them to the AutoNation property between the
hours of 10:00 am and 6:00 pm. No test drives, car washing, vehicle repair, sales, or
other activities would occur at the vehicle storage site. The vehicles to be parked on the
site include new or previously owned vehicles awaiting transportation and there will be
no damaged or wrecked vehicles parked or stored at the site. There are currently no
other vehicle storage leases for the site. The Limited Term Permit would expire one
year from the effective date, unless the Zoning Administrator grants an extension for up
to one additional year. The existing parking lot is paved and no additional structures or
property improvements are proposed.
1
Newport Dunes Limited Term Permit
Zoning Administrator, January 12, 2017
Page 2
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2016-009 (Attachment No. ZA 1).
DISCUSSION
Background
The project site is a surface parking lot within the Newport Dunes Resort. The parking
lot is located in the northwest corner of the Newport Dunes Resort and is used for
marina and overflow parking for special events.
The Applicant is requesting to use 300 of the parking spaces in the parking lot for the
temporary storage of vehicles from the AutoNation dealership. The limited term permit
would expire a year from the effective date unless extended for up to one additional
year.
Analysis
The main issues are whether the temporary storage of vehicles interferes with the public
access and recreation components of the Newport Dunes Resort and if the proposed
use is compatible with the site and surrounding area. Under the terms of the Newport
Dunes Settlement Agreement, the applicant is required to maintain boat launch and
trailer parking, wash down, beach and day use facilities, bike trail, human-powered
launch, and camping.
The temporary storage of vehicles will utilize no more than 300 of the 654 parking
spaces in the marina/overflow parking lot. Furthermore, the proposed limited term use
will not impact the beach and day use parking area, which has over 800 parking spaces.
Under the terms of the Settlement Agreement, the applicant is only required to provide a
minimum 645 parking spaces for day use beach area users. Therefore the limited term
use will not impact the public access and recreation components of the Newport Dunes
Resort.
The project site maintains adequate access from Bayside Drive and the temporary
storage of vehicles does not generate an excess of vehicular traffic or significantly
impact the parking for patrons and guests of the Newport Dunes Resort. The storage
area would be blocked off from the public by landscape planters and temporary
barricades. Adequate fire access would be maintained within the vehicle storage area
by maintaining all drive aisles free of parked cars. The subject property has been used
for temporary vehicle storage since at least December 2014 (by Newport Beach
Maserati and AutoNation), and there is no evidence that this use has been detrimental
TmpIt:05-05-16
Newport Dunes Limited Term Permit
Zoning Administrator, January 12, 2017
Page 3
or hazardous to public convenience, health, or safety of persons residing or working in
the neighborhood. The nearest residential use is the Bayside Village Mobile Home Park
located west of the parking area, separated by a block wall and a row of garages. Due
to the limited nature of the proposed vehicle storage activities and the proposed hours
of use, the use is not expected to impact the surrounding neighborhood.
ENVIRONMENTAL REVIEW
Staff recommends the Zoning Administrator find the project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor
Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment.
Class 4 consists of minor public or private alterations in the condition of land, water and/or
vegetation which do not involve removal of mature, scenic trees except for forestry and
agricultural purposes. The proposed land use would meet the definition of Class 4, F,
which allows minor temporary use of land having negligible or no permanent effects on the
environment, including carnivals, outdoor festivals, sales of Christmas trees, and similar
uses. The use is the temporary parking of vehicles for an off-site land use on an existing
paved parking lot and does not involve any new construction.
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.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
Liz Westmreland, Assistant Planner
Attachments: ZA 1 Draft Resolution
TmpIt:05-05-16
Newport Dunes Limited Term Permit
Zoning Administrator, January 12, 2017
Page 4
ZA 2 Vicinity Map
ZA 3 Project Plans
TmpIt:05-05-16
J
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2017- ###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING A LIMITED TERM
PERMIT NO. XP2016-009 FOR TEMPORARY VEHICLE
STORAGE LOCATED AT 101 BAYSIDE DRIVE (PA2016-164)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Dunes Resort and Marina with respect to property
located at 101 Bayside Drive and legally described as Record of Survey RS_095_39-43,
requesting approval of a Limited Term Permit for a period of more than 90 days.
2. The applicant proposes to store up to 300 vehicles from the AutoNation dealership in a
temporary location at the Newport Dunes Resort and Marina. AutoNation porters
would retrieve vehicles from the existing AutoNation facility (445 East Coast Highway)
via Bayside Drive and drive them to the AutoNation property between the hours of
10:00 am and 6:00 pm. No test drives, car washing, vehicle repair, sales, or other
activities would occur at the vehicle storage site.
3. The subject property is located within the Newport Dunes Planned Community (PC 48)
Zoning District and the General Plan Land Use Element category is Parks and
Recreation (PR).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Parks and Recreation (PR).
5. A public hearing was held on January 12, 2016, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment. Class 4 consists of minor public or private
alterations in the condition of land, water and/or vegetation which do not involve removal
of mature, scenic trees except for forestry and agricultural purposes.
2. The proposed land use would meet the definition of Class 4, F, which allows minor
temporary use of land having negligible or no permanent effects on the environment,
including carnivals, outdoor festivals, sales of Christmas trees, and similar uses. The
0
Zoning Administrator Resolution No. ZA20174t##
Page 2 of 8
application does not include any site improvements or the removal of mature, scenic
trees. The use is the temporary parking of vehicles for an off-site land use on an existing
paved parking lot and does not involve any new construction.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act Guidelines
under Class 4 (Minor Alterations to Land).
Facts in Support of Finding:
1. Class 4 exempts minor temporary uses of land having negligible or no permanent effects
on the environment, such as temporary vehicle storage.
Finding:
B. The operation of the requested limited duration use at the location proposed and within
the time period specified would not be detrimental to the harmonious and orderly growth
of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood of the requested limited duration use.
Facts in Support of Finding:
1. The use would be authorized for one year.
2. The proposed vehicle storage is a passive use, with porters transporting vehicles to and
from the site approximately 5-10 times per day Monday through Saturday between the
hours of 10:00 a.m. and 6:00 p.m., thereby reducing any potential effects to persons
residing or working in the neighborhood.
3. The subject property has been used for temporary vehicle storage since at least
December of 2014, and there is no evidence that this use has been detrimental or
hazardous to public convenience, health, or safety of persons residing or working in the
neighborhood.
4. The temporary storage of vehicles uses a maximum of 300 parking spaces in the
marinaloverHow parking area, which contains 654 parking spaces leaving adequate
parking for the existing marina and other uses at the Newport Dunes.
05-26-2016
Zoning Administrator Resolution No. ZA2017-###
Page 3 of 8
5. The proposed parking area would be separated from the residential uses to the west by
distance, landscaping, and a block wall. Additionally, the area would not be accessible to
the public.
6. Minimum 26-foot wide drive aisles would be maintained thereby allowing access by the
Fire Department in the event of an emergency.
7. The directly adjacent uses are nonresidential in nature.
Finding:
C. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot.
Facts in Support of Finding:
1. The temporary storage of vehicles uses a maximum of 300 parking spaces in the
marina/overflow parking area, which contains 654 parking spaces. The parking area is
separated from the main access drive aisle and vehicular access to the other component
uses at the Newport Dunes will not be affected.
2. The temporary storage of vehicles in the marina/overflow parking area will not impact the
800-space beach day use parking area located east of the lagoon, which is required to
provide a minimum 645 parking spaces for day use beach area users by the Settlement
Agreement.
3. The temporary storage of vehicles using a small portion of a parking area that is used for
the marina and overflow for events will not impact public access and recreation
components of the Newport Dunes Resort.
4. No structures or property improvements are proposed or authorized.
5. As conditioned, the applicant is required to maintain public access and parking in
accordance with the Newport Dunes Settlement Agreement, including, but not limited to
boat launch and trailer parking, wash down, beach and day use facilities, bike trail,
human-powered launch, and camping.
Finding:
D. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration
use would or could reasonably be expected to generate.
Facts in Support of Finding:
05-26-2016
8
Zoning Administrator Resolution No. ZA2017-###
Page 4 of 8
1. The subject lot maintains adequate access from Bayside Drive via a two (2) lane access
drive.
2. Traffic related to the proposed use would be minimal, consisting of approximately 5 to 10
porter trips per day.
Finding:
E. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator.
Facts in Support of Finding:
1. The temporary storage of vehicles does not generate an excess of vehicular traffic or
significantly impact the parking for patrons and guests of the Newport Dunes Resort and
Marina.
2. The applicant, Newport Dunes Resort and Marina would maintain the Settlement
required parking spaces.
Finding:
F. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan and Zoning Code establish the policies and implementing
regulations to promote public health, safety, general welfare, economic vitality of
neighborhoods, as well as the orderly development of the City, and to ensure the
beneficial development of the City. The site is designated for Parks and Recreation,
and although the use is not Parks and Recreation, it is temporary and does not
preclude use of the remainder of the site for existing recreational uses.
2. The use will not be detrimental to surrounding uses, thereby furthering the intent of the
General Plan and Zoning Code. Facts in support of Findings B.1-B.7, CA, D.1, and
D.2 are hereby incorporated by reference to support this conclusion.
3. The temporary vehicle storage is conditioned such that it will comply with all applicable
provisions of the General Plan, Municipal Code, and other City regulations.
2. The subject lot is not located within a specific plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
05-26-2016
9
Zoning Administrator Resolution No. ZA2017-###
Page 5 of 8
1. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2016-009 subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. 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 12th DAY OF JANUARY, 2017.
By:
Patrick J. Alford, Zoning Administrator
05-26-2016
2�
Zoning Administrator Resolution No. ZA2017-###
Page 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Temporary vehicle storage shall be limited to the general area depicted on the site plan
and may accommodate up to a maximum of 300 vehicles at any one time.
2. No test drives, car washing, vehicle repair, sales, painting, or other activities shall
occur onsite.
3. Transport of vehicles from or to the project site shall be limited to the hours of 10:00
am to 6:00 pm Monday through Saturday.
4. All vehicles shall be stored in marked parking spaces and there shall be no vehicle
stacking within drive aisles.
5. All vehicles stored on site shall be operable at all times. No wrecked or inoperable
vehicles shall be stored onsite.
6. In the event that the stored vehicles must be removed from the site on a temporary
basis due to a special event at the Newport Dunes, the vehicles shall not be parked on
City streets or public parking lots. If a separate private parking lot is to be used during
said special event, the owner of said private parking lot or AutoNation shall secure a
Limited Term Permit for the temporary parking of vehicles in accordance with the
Zoning Code.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
9. This Temporary Use Permit 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.
10. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Temporary Use Permit or the
processing of a new Temporary Use Permit.
11. 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
05-26-2016
22
Zoning Administrator Resolution No. ZA2017-###
Page 7 of 8
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.
12. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of TOOAM Between the hours of
and 10:OOPM 10:00PM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 5OdBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
13. 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.
14. No outside paging system shall be utilized in conjunction with this establishment.
15. The temporary vehicle storage location shall be maintained free of litter and graffiti at all
times.
16. 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.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of Newport Dunes Limited Term Permit including, but not
limited to, XP2016-009. 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.
05-26-2016
12
Zoning Administrator Resolution No. ZA2017-###
Page 8 of 8
Life Safety Conditions
18. Emergency vehicle access shall be maintained onsite at all times. The Life Safety
Division's minimum drive aisle requirement is 20-feet in width. An emergency drive
aisle loop shall be maintained that continues throughout the storage area. The loop
shall be provided at the entrance drive and continue to an exit drive.
Public Works Conditions
19. Vehicle drop off and pick up shall occur entirely on private property.
20. The general public, including customers, shall not be permitted to use and/or drive
through the vehicle storage area. Temporary traffic barricades or other means shall be
installed to block public access to the vehicle storage area.
05-26-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
r _
Project Location
DR
e \�
r
-s
t ( r� •
Limited Term Permit No. 1 • 11 •
' ' 1 • •4
101 Bayside
Attachment No. ZA 3
Project Plans
1(
M
o_
g"gYFRO NT
A
N I
PRINCETON
y y y
W A V•
Sq Rq?'00
o ti
o r �
t
�
` •
\ J °
t, SfO�
a'
Newport
Beach Disclaimer: Every reasonable effort has been made to assure the
accuracy of the data provided, however,The City of
GIS Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
�ia 'Pogr any results obtained in its use.
° m 0 100 200
_ Imagery: 2009-2013 photos provided by Eagle
Feet Imaging www.eagleaerial.com
fznvzots
17
Continued to Januar 26, 2017 Meeting Zoning Administrator-January 12, 2017
Y g Item No. 4a Additional Material
Item NO. 2a 101 Bayside Drive Limited Term Permit(PA2016-164)
PORre� CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT
3
100 Civic Center Drive
u , = Newport Beach,California 92660
at 949 644-3200
Cq'lPopt \P' newportbeachca.gov/communitydevelopment
Memorandum
To: Patrick Alford, Zoning Administrator
From: Liz Westmoreland, Assistant Planner
Date: January 11, 2017
Re: Limited Term Permit for Vehicle Storage (PA2016-164)
On January 11, 2017, Staff requested to continue the application for the Limited
Term Permit No. XP2016-009 (PA2016-164) t o the next Zoning Administrator
hearing date of January 26, 2017. Staff intends to obtain additional information
regarding the project prior to the hearing.
Continued to January 26, 2017 Meeting
Item No. 2b Zoning Administrator—January 12, 2017
Item No. 4 Additional Material
101 Bayside Drive Limited Term Permit(PA2016-164)
From:T Otte Imailto:toddotteCabamail.com]
Sent: Monday,January 09, 2017 11:03 AM
To: Westmoreland, Liz; Alford, Patrick
Subject: Fwd: [WARNING: A/V UNSCANNABLE]ADA parking at Autonations
Liz,
Thank you for your email below you will find just brief email outlining my very recent observations on
AutoNations. I am always available for more conversations as well as any back up photos needs to
support time place and occurrence.
Thank you
Todd
Good Morning All,
I trust each had a wonderful holiday and had a chance to spend time with family and friends.
Last week, I received a call from Liz regarding the temporary parking permit for the AutoNations a the
Dunes. Sense the withdrawal from the CC meeting late last year I have not really keep too close an eye
on the operations of AutoNations. Although sense I drive by their current location at least twice a day I
have noticed they continue to (everyday) use the ADA stalls for employee and customer service
vehicles.
I have attached a couple photos from yesterday afternoon.There has been zero attitude adjustment or
behavioral adjustment by the large auto dealership and they continue to "do as they please" in our city.
It makes me sad to see this happens and I think it is disrespectful to the community,the people in need
and city staff.Although these code violation do not impact me directly I do believe they speak volumes
into how the dealership operates under a level of entitlement they feel deserving.
Additionally, it has been noted the dealership had reached some type of arrangement with the retailers
across Bayside to park their employee cars. It might be worthy of a discussion, as their staff now runs
across Bayside Dr. and do not use the crosswalk at PCH and bayshore. I am assuming there is not a
pedestrian variance that would allow this to occur?
Although these facts are not the reason for my email today, they do display the actions of the dealership
(on a day I had an extra hour to actually look at them). My understanding is city staff has made a
recommendation to allow 300 spaces to be leased for parking on the Dunes property. As we are all
aware AutoNations has been documented servicing vehicles, painting vehicles, double and triple parking
vehicles, using unknown chemicals on the property,washing vehicles, test driving vehicles,showing
vehicles off the property, using the dunes as employee parking, storing unrelated containers and
trailers, destruction of greenbelt areas, limiting public usage and a whole host of other things violating
the spirit of the intended future use and unsecured current use on this property.
Continued to January 26, 2017 Meeting
Item No. 2b Zoning Administrator—January 12, 2017
Item No. 4 Additional Material
101 Bayside Drive Limited Term Permit(PA2016-164)
Images and documentation of these past and current violations are available to anyone.
One of the most offensive uses that has popped up recently is a whole section of the lot dedicated to
used car sales with flags and sales stickers clearly separated from the new vehicle "storage". We (the
city, residents and the dunes) have allowed this dealership to turn the lot into an extension of their PCH
retail business.
Yesterday, I was down at the Dunes as a sales person drove customers onto the lot to show them
vehicles.They came in and wandered around the lot opening and looking different models and colors.
Then got back into the car and drove back to the dealership.This is not just a storage lot for
Autonations,this area is actively being operated as a new and used car lot and should be
considered retail.
Again, on Dec 4th 2016, 1 happened to be at the dunes when the gate was down.As you can see from
the photos this did not stop the sales activity.The sales person simply parked the car in the fire
lane outside the gate and walked the customers in to look and test drive vehicles within the Dunes
parking lot.
As I explained to Liz this morning.The city is allowing this to happen and it is not "if' AutonNation will
violate the terms of the temporary parking permit it is "when". It is not fair to expect Code Enforcement
to keep up with this organizations operation as it is massive and they are playing a huge shell game with
the city.
Bottom line, AutoNation currently violate public safety,fire codes(current property and the Dunes
property), ADA compliancy, EPA regulation, city codes and entitlement, not to mention the verbal
agreements made by the dealership with the city.
What makes anyone think they will follow the spirit and terms of the proposed parking permit. Past
behavior will determine future behavior and this permit will ultimately be a liability to the city.
AutoNations will violate the terms,the Dunes will not be able to control them (as they haven't been able
too) and the city and code enforcement will have to step in and be put in the middle.
The permit may help eliminate the predicament AutoNation has built for themselves but it will be at the
expense of the city staff and residents of Newport Beach.
It is my sincere feeling this is a win/win/loose, (Auto Natio ns)/(the Dunes)/(the City and its residents) and
we should be looking for a fair and equitable solution not one at the expense of the resident.Simply put
doesn't seem to be the right use of city and county resources.
Please forgive my ignorance but also how does this proposed usage fit within the RMC zoning?
Thank you for yourtime to read this document and review the photos.Jim I know you and Liz are
working closely with the ZA if you pass this on to that individual I would appreciate it.
Todd
H Zoning dministrator—January 12,2017
C Inued to J 6, 2017 Meeting_ Item No.a Additional Material
O. 2b i01 Bayside Drive Limited Term Permit(PA2016-164
y j w
► �n iNed to January 26, 2017 Meeting ZoningAdministraor—Jajwary,z,zon
. Item No.4 Ad itional Material
No. 2b 101 Bayside Ddve Limited Term Permit(PA2016-164)
'• Aud! NM d=p '
R
lLoning Administrator—January 12,2017,
Item No.4 Additional Material 1
101 Bayside.Drive Limitedirprm
Permit(PA2016-164)
R �
t All ,� f
it
Continued to January 26, 2017
Item • • Zoning Administrator — January 12 , 2017
Item No . 4 Additional Material
101 Bayside Drive Limited Term Permit ( PA201 & 1 64 )
,. ,i
R
'r� � •
lip
aw
10 9 0 i�
A It
VENOM—
AM
qr `
e "yam
y \� � , ��Y[ .+5 'f�. / as'. + • .1 , � � [ y � a�' tel+ • '�Y. ' , 4 •
• r
I
'� 'mss-•�,y.n �� �". — _ � - �y __ � �-_
_ MOW""
` 1
1
�-, 0
Y
Y
.+'.P +.✓_ j• � ` _ - 81...11
- _+• _ - Yom' g.. � �� � . I - .. _ ; _
Il
..J_ • 61
>l
.4 w'
.p r
i._
'.1
i
r
Zoning Administrator — January 12 , 2017
* Item No . 4 Additional Material
101 Bayside Drive Limited Term Permit ( PA201 & 1 64 )
1
Mb d
N w '^ 1 1 r. I ,, ' _ ip +, ', I fig• ,y. - as - „ o __ 46 _ e._
+�, �✓? # •� •q -* + ,t r F-. � h • '� .' .• - p ✓ ,.' � �"�+ �� tit .��, - t.- ; .* _ i•► y ��� _ �, ; , �a�+� . ��` " � '. r � ■ ■
. + .. yZoningAdministrator —
January12 , 2017
10 INS
fy
It
Li OIL
low
NOW
PIP
A OF -
Ir
a r F +4 '■� • r • a
{,I n u' • r T• ' 'A ",� ." Y ♦ a }., k , /�1` aq �r �y] :./ . _r I
a '/6 ,I,k s • ! -_ �• - r Tr iI7*y,` ' +f+. .y,. t. i r •' F- ' Sy y`+�r
t _ , . . . ::� -� . � • , _ :� Ja � , . . is , .+ tem No . 4AdditionalMaterial
.'•� • P. • _. q x:rR• _ • r J •+r< A' _� ' f �, �1
r H
WO
W
R . .. � , , . . � ✓ ` rFV .:. n1Bayside Drive Limited Term Permit ( PA201 & 164 )
'Kj 46
ILI
,.+ . - ' �3� � �� ���,'` _ - ..•, ,� r+f � . • ��s ti I • s � '.! 1 . r 4 s R �^a +� J' '•`� ay / .;�
40
its
'Ir + i I t• „ 'M tl + -y I''r . 4 9 r ra i •p` - + .} _ . '1
q p y, i .! f = l' � � �; 1._: '~ `sem R 'I _ i• � a f - •Y� �_
i
,
�. • � • r �°. " .., ,Ail' . ,� i , t � 1Z1 • � * 7 , � � � ,r ... .1 � li -�,� r•+��� �r� � • `« s+ r .* - [ .r y . 'sj • J �� }-
��7711
l �^��y ~ � k ! _ �{ � a Y J r a ,y i1, ®a . e -s � h ° • /� s R 'Mi
W � � / � � - �� � i � t � /. • '� �- � � ,ow
�_ s
R
a '
•L1� 'i'�Y � rf � ✓ - t • _1". ' t � r j t I �: 1
6 ,■,�,.a h y1 �� �'` .: � ` +� Y r a '� "q ,..:. _ r. • �. A` Y. ' • � ��: 1� �` y , �' '- r� _ - ' � y4W R - - _ x �♦ f w
t
.� I!. k j V�, y ✓r"� .y i• '�' ( r �« �, r .F' .'1 Y' /fir+■ + . �R • - 1 ` •' - + •...-f' 1
*w -M _ - !• 'S ,y= r + -.r._ �•.��. - /I'P, w l' y! -p �l r I ti► .'
l • y� ♦ +V �. � .. i 5r "' i # �c R •.,: y a,, J JJ • % +y t Y .r Sk.It
r • e
y „ r
• y,yi•ga '�, '7'•,,`,'i l i- ■ l' �. JP _ - J • r . - ilr +C. f t s - k • '' ' '4� ' :' • '
lift
r ,. :_1_11 ` , � . i 'xP 'F1� • r a�.. - - Y ,v4 •--i••_'�!#t ii. - , I tr " . _ •\ ) A �' I Y` _
� � � � r ; ♦ " 74- 6,.L � / ` g� . •4 J�•t P ^',' * ■ '` ► •`�`r d �1 ���►'"
f 4� Y �" �0
.' • 1 ` I . 'S' q j �• .ray - R P'.
L L �\`a.._, •' \ - t % o r tp,�, Y �' a v 'T �1 ♦1 �+ a s«a: } {af�y •q 'R •, .�� `'�7f�} .'
eh ► - � -.6 ' •�,C iR • �_` - ti ■ f ;a T �' + .. a t_ 'f, • x ♦ �` 4� '1 Y� � � _ * ! ; - �1,�
y .
,
i4i � J
� ` �•�1£ � s xtnl 4 � .� _. S •/} • I r, 'tl. r�• 4 J' •-.: • � � _ a 1�
, -... 'Y!• Il•.`y `.1, !i . �° �a ` '• r { ! * � - 5 1 +. v -x .r.,`f •` � ,�' x L YC J ^ ! ... ', ' , { ' R. -'q 4 S ; �r - � it �`* '
,,yr _ _ /.. _ _ .
} • ' � �� r �� + � � 1 {fr r r _ � }� I Ato
LevT ' •-' '�� � � a � � ; J f � +fk 1� .. A , �
h•' y
y . J
,
- it
e - tto
yr q v 7� }„ b �./ + . * J'. h + it• 1 �/ + - *F M y� y' .� .� .• �•4 , ,�'k.}• t�. I06
IMP
Ar
`�r
`j �a. r` • , - 1 � • " s . J ' } •,"�t''G �� �� � � � �t q f * J4 � •
'1 -•• , ' - . * h qac+ 'S , '.• 4 r - •x x "`'�, �" f4 IR _. �,_ -i i` ra].'' J` /l.
i h • r ''i + 1 . - � ; 'i .I�•. a �11'' _ •�q W !^�.Z < �• r= • • Jq . Jr,r- a
G
oo-
yw
-0 Orr
. • 4 a W.• � rl -Ski
- 7 't
1 f ■`r eOw 0 40
Y j1�
r
41
40 14M
jlk
it
AM
, apI41 WfIA AV
1 q q•�yA PZ
4
L a F
{
_ _ a
L
• _ _ `e. 1 � - � 3 _ rte" k' • _ -
WA
Y _
I, ..
f
_.h r
P
x ice..
1 '
• 1
• s -
L
� Y -
i .a . ! +"fay - \ .' ♦. ' � _
• r
a `
• r
v ,
January 12 , 2017
ZoninAdministrator
� . Item No . 4 Additional Material
y
Bayside Drive Limited Term Permit PA2016 - 164
do
4 if
tOdI
■V
40
41- tq
All
' ' • IWO
TAW {
•�, "4W • ''
A
* ,? ` .
.�' 1 f1p
dip
%A. ate
41
low
GOD
A
s
y log
SIP t ANN i •
r
waft low wil
WWA. AS
r
+ L
s
A
s i
111111111111r, w a w 1 0 4 1 0 1- v 0 -IIIIIIIIIIII'T
A4 J6 0
i wwoollh Ike 06. � !
o . . of . - • • • • . , - ,
p 94
r � s
IL
' t 4046 let
AW Of
� .■
+
4W IL
K �
`.
' v •
1 � r
do
All
• ►
whop
OL
J
Zoning Administrator — January 12 , 2017
Item No . 4 Additional Material
101 Bayside Drive Limited Term Permit ( PA201 & 1 64 )
F _
I _
IL
10
-Al
i Aso
_-
a
i.
. V lIL
_ 4
aK
S
I
'w
CT J I-•
I'
10 a oil V- pr7w- Wrm, MPF
�}f
l r
i
_ i. •'
Zoning Administrator — January 12 , 2017
Item No . 4 Additional Material
101 Bayside Drive Limited Term Permit ( PA201 & 1 64 )
s
S .
+�+ r
r � .
y k
•
ib
"J F
1p.'r:
iha P
SON�
r�
1
Y I
Ask
r
rkI
b
I
J
rte;
w r
r Ya.
J
f
J
r �
y
tfi t t'r • s n #
r
r"
r • iii _
•. ` ` • e
a
A.
dip
a
dime
4 f I'
(+p R f w IT Af
M16- PF . A. J
'�'. b ay. • .,, 'S•. ,+ ;- .iez •_ • i 1 a \ 40
� • 1jj""r' e':R 1 ti!--. - , 4
t - • : �� •
IpAb
JW I
IL
r.
ed
04
_ t
« ` y y • +
ORD
. I
wr�
on
1 '
" Awn
f
. . .
Ir
�_ t,,._ -.:�,.,. J-n..•+, '.t " 1 •, t, 4t+ 4a.vr,,.*y3��', rit.,k y�5lli ,I�'�r,' rxa�4„_ r - - + - _ - _ y- IWvr
"It 44
r» �y •� ar
a�`+ ■ +!,
I%-
_ "I•■'`. - _ 'a. n s -• 1a !J�in ,�l� ter- lip—
Alkr
` r
,. _ • '^sem $r�Jli � F �J - R y'" ` r: _ 4 '� -
y
ilk
I
CepVrod
'� -vim ` �� a'�• ..�. i+a f r. _ ' \
e
-. _ ' ��M L __ � w._ a a L • ..'• a 1 +#"Y �"v `,a.i . y6 �` a +�a �
. .. :ate..a ` a, '- _ • . ` m 1 s � v. _
a
- r -
-� `a
a '
w
R � k
_ - f p� .• rur � y^ 4 - � ayV Lir ? i. .� - . ^-- • 1. 4 a' 1 ,,, . • - E *.� � a
_ m
, t
' R r ` o _ i • _ ` •` r r a
• a
�. -..
� � m
Y a
i I . � _ ° r ^rT lz _ • . -mss '.. �a- .. E a • _ 1 1'i ' t L e R
m
� • t
•r
Iti�.tialvl�kc�..�ui I �
ZoningI � _ Administrator — January 12 , 2017
NO+ y Item No . 4 Additional Material
101 Bayside Drive Limited Term Permit PA201 & 164
r
F
! / JAW M
If Ar
1
7
a '+o
Jw
4
r
1 � ,A a
RL 4
AID
4 d90
ar
00
IL
4
N �
I
}
I � _
s v
VA
v
' � A
S
- f
t i
70 —
•� r
� s
s r .�
_ dpAID
i
s
A To L »
s 1
/ * a f
r ,
s
40 I �• O i
jp 4—
Ilk
• •sp '
` 00` 1 4 ♦ M,.
• V
a At
40
a {
41*
i
4
_ • , •
4ft `.
f .
Continued • January 26, 2017 • jft
4I
,t • :
Item No. 2b
Zoning Adminiatrator — January 12 , 2017 tj) 67i
! 1
'..
r '
• � r
I
tem No . 4 Additional Material"I-1111111111
Drive Limited Term Permit ( PA201 & 164 )
Ail
hW ,
lip
t
u ,�• ! r >
r
S`:t . !
i
1 �
•d
� ff
I
• air city
Awl
rIFF1 r+
AAW
y
VAL
low
wi
V !fi
,r � �3 '�• _ 111
a
a
- a
r
"
,. a , a ,:. :+, c .. s_'I a ., '' - •. r - ,. it 6 - v . -
• - + is
r
•
fir .ri "y„ .. . - 9. ' P R a� II. ` . e � � - Y T a• ... . -,: '. .. -'e . - '`
r
_
°f
r
10
Ir
ro
or
a
l
>r _
r
r
s
+• 1
_ Y
, r
r
4'
•.Ir, a .-+r r: e u • " .. _ . e e s .f r _ r • ♦ - a • to a•�..r
qO
J " - w . �. r _ 1 9 .f l•' s _ n - r . � r .: + �' - # x Y e _ I 9 _ F • e _ 9 _ Y
•
w
+
+ • m
. . Ir• _ „ w 1 p e ' .l r �/ x " `�- • R .: , _ r • v "••r • Pyr rr a 4 s 4
- I, r ` ' % .• < : a .• e` A i r rt ,'�. - ti P ' ,. • •• y - .w . a r 9-, �• -� ♦, _ • � . • , `
,
r
w41, i
, , r
dffi
r
> > Y�. L � ` r + S I .. , .}. ' r • + : S -.� `r r r'r ,,.. � ' !. r � " � . :. r ., - - 1
n
a
u � } � ', �. - � " I 1.. / rC'- •. r J ' a ' � s � :. . - _ -w r� ryf / 1 �►, ti^ ! •.!' { . ♦ - ' r �, Gi y -
y
a .
+ - .. - s Y . • i . ,�.. .^a" 3 Ali a, ♦ w', .'i
4 °
• ., y r r ..•r SII ' 7 ♦ p " r '., - - +- ` : - . _ "- .,, r - « x r.. " � ._ '+'^ .- e.
• i r I ., _
c +- . . . iea l _, , � + � J + � � f : > ./ T . . r+ +. � �' •r aF - "� .. + S ••A= ^ , - 4 •.
a r .
♦. ,e". r e� • • . . - r : 1• r r•, C. a r � - • • > y � *, • a - J _ - + . a +�4 . � e ,+ • r .• . . ,. +. ' �' ' ! ' a ., - In
a
J< j • P 1f :.n_ :' - r s , ! . ,m :, , />. ° r.` ._. �' +'. .- .r ,, rr • + ! .r • f.. - , �. , .. . , * e � - >. ,
_ J 4
,.P • -. . , - t •, x 'a ��• ° ," - ', • - � � - "4 • _ . a,. e � • _ �a r ..• _ � � x . r .. _ . r• � ,4' tia ' 3 L * ":
..
� 4
-
4w 1
-r y •, 0 4
• « ,, Jr el. .. :� r - ^_ - IF wr , i ... ,., r , a - . a r. _, � .. � !1 - `" 4 wra - ' `
1
„ � �+♦ , '.. � ' r `.. - , , r r - .. , ■ eP - e • „ -# w I.W' � � Y' ` •d 1 - - ` , - •P' + ,: - 6 r,l. � j' 9 Sr ,. .
r a _.. � ^ ^- >.. �r, + J • ,..♦ . r ' ... . ° • ' r � !. ,n♦ '.�•. . . �' .� ^ r • S, r f I + .: • ♦ y - t ♦• '� �` '
e
Y • r • / at ' ':. ►• y. � x 1 rt - , r a r - itf_ +.. - L 'Yr #' y: • 1 '� i. .,,I. t _
a
y r" � • ' A ' ' P i v - •yr' > - [ S ,
• u
is
IV
� J ,f u . r e: - r / • J e i r !. r I �.e'er a r � w - . ; w • ` ♦ ° - � t
+ r
' r
3
w €.
Y . A4 _ .,,r r • i yI' .�. $r " w d '! ° . fl, 1 + .a A, y
t
� . r r y " l4 ` • r. � .. a • '°t, T ' u - _ a � • k w - ti .
. r r �f a
c r
It 4k
so , l
+ , / .i , ,. r. iy !F Y a-1- a • F + y s 1l e- i a, r `' + - - . - ..• dw
+L q e
} ti
w ri- •. r i s e w ' . ,r t r' ' # + ' ■. . " , ,r♦ w ,.- .. '" . ♦ - • •,- . - + -f{� �� -• Y ..^ ft 1 - y . -^ r "•. i 7[ 8i
rts • r ' r I r + ✓ . i r + . - If ,r.A 1 I t + '" F +< Iti•• s ` •' • _+e� `ID1rt dP " �']k' ,�r - ,yr •, ..� ' y,. J �'♦'_ , 7! - ..
" r F t € 1 IF
F e i r + F * , : r+ - + / e • • 1
. , - tom- � .•` , ` � f .r. r _ e - �' . r+>1 �" � � r r � ' �I '+ Y _ '! - 9 r . t f r� � + : •: - •. _ r
+. rr _ ! ! , , +,� +, r.. . " . • I. r ,r ° � ' � .. � • Sr ''l'► �, � '." . � � r / #. • �—'�I" .. _ u. r Rte` R: '`'�
r 1.+. •• �' ry a + t' + . ++ ,� •} 1•. _ h t wP - r. r Vowr'
YZYrt * I. F • .y, e x 7 ` .. 4 . A a s .,. # r • # a ` a" 1� , r • r •�
1 r
h
r / F
8' • r. I' . / • +■. i � + � y f� r� �.l' ' '� 1 �� rb- '. r ° '.+ r - ■ , i � K Fz ' r-ti r ♦- • • • n� "' 'r • S .r i U'~
`• �Or !_ �/ r :r a, / .. ", �. r A - Y • 9 { y - y • ! r 'u + + : + •Tr . l 'j
+ 1
n r t /
. + � , - �:: •• wy' 'y ` 'aY -dkl� '�i1^ . . + r � * f r .'r, y � � e , . • 'y� 'ti f a i:' �f 3• r i ,t ^�' ' �• r _ ' a •"'s
■ + + .• " t 2 '�.ar �_� .. i J r � .'r t4 r . • a' �
1 r a V r A ,1 a l y1 4 9 , I' 4 rl+.♦ f., 7� ' r a -1' ,
J • M v. ,
,p• + '' • ' .-a r f P 4 ♦ L f A Y �: : 'r / ., " a a ♦ 1 ,♦
y
P +
s r � . • r .. ,� ,. 'a. �'� �- ' 'R r ' .� :. • arm _ + ' � � n xfr + �r - � a' l ' ! �r ei , �` + t ;� _ + ,.,t..• • " x Y 'Re• a � i ,." e • � • A "'a ;
>>- .. s r R 4•y - rjE i� ,t° � • •k v ,: "� f y f � '°r' I * R. • +�. ! y � a
/ , • , ..r r, + * r +• , :, rd r iH .+ ' + r 51`• # '." M "•�' ,r r + , ` tb l `FAW
•+' n -
r _ s
r r r - r, r- • If 4„ .. - a 1 a y / ! i'S- w.. r ♦ , _ . 1 . . '� . a ! • ,! ` 1 r + a * . > �' -
r :� 1: f r n ,r • , e .r 4 � y
film
AOL
„ I • I
il 117 IL
+ • ' f r s rr + � , •� + + rf r R � liy * �r e r _ r ' Al _
.N R i rr • _ n.. 1 � r .pr4r •
-, 1
• 1.. a w �{ -• Jy r 1
AT , 1
IL
t w
AL q4
� r J
A
• 4 r. ! „�W rayl ..
1
ur 8 b
+tis ' iGlr
VA
111101
- t
_ s
i
I�
h f
1
z
IF
or t
ti
f
4
�n
e
t
T•'j n
r � 4
o I
T , 1
f ' + • 'F'b` ,� Orn!
�r-
° � w
00
ir
AV
f pipe
� L
,° t
- -1,t4l
It -C,
.s
i1{ - a .•,� - — -ti ;- -�G ,} I �, r °f" •+T h y
s
77
st s • 1
r L L
... � � � �"•,mak f
� � i 1 � 1 �Yl � � � � 1 � �• �1
d
1p
IL
P - �y ,� , • «, � i '}S'y 111' ', _.
.16
r '
op
I J
a fk�A � _
r M
IL
� \ 4
+ w
r
: d..1" , h� y � �l Y'f. �.�_ y I _ _. _� =���• � � r.��+, � ��' V'i`a '+' �� 1 � !, � �� a