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HomeMy WebLinkAbout01_Genesis Automobile MUP, Minor Site Dev., MP, and TPM_PA2023-0094CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT February 1, 2024 Agenda Item No. 1 SUBJECT: Genesis Automobile Dealership (PA2023-0094) ▪Minor Use Permit ▪Minor Site Development Review ▪Modification Permit ▪Tentative Parcel Map SITE LOCATION: 320, 400, 410, 500, and 600 West Coast Highway APPLICANT: Gen Newport Beach LLC OWNER: Russ Fluter PLANNER: Jenny Tran, Assistant Planner 949-644-3212 or jtran@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: CG (General Commercial) •Zoning District: CG (Commercial General) PROJECT SUMMARY The applicant requests a minor use permit, minor site development review, modification permit, and tentative parcel map to allow the demolition of the existing on-site structures, and the construction and operation of an automobile dealership. The proposed automobile dealership consists of an approximately 19,952 square foot two-story, 25-foot tall, building that includes a showroom, sales office, storage area, electric vehicle (EV) repair area (i.e., EV Lab), and employee areas. The dealership will involve the sale and minor repairs of EVs only. Parking is provided within a surface parking lot and at-grade enclosed parking at the rear of the property. The request includes a modification permit to allow a 6-inch encroachment of the structure into the 5-foot rear setback. The tentative parcel map is requested to merge 11 underlying legal lots into a single lot. Lastly, the project includes removal of two above ground utility poles and relocation of the curb along the project frontage on West Coast Highway to allow smoother flow of traffic from the intersection at Dover Drive. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, 1 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 2 Tmplt: 01/18/23 California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and Adopt Draft Zoning Administrator Resolution No. _ approving the Minor Use Permit, Minor Site Development Review, Modification Permit and Tentative Parcel Map filed as PA2023-0094 (Attachment No. ZA 1). 2 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 3 Tmplt: 01/18/23 DISCUSSION Project Description •The project includes the demolition of six existing commercial retail and service use buildings totaling approximately 14,500 square feet and associated site improvements. The existing buildings are one and two-story, operate separately from one another, are situated across the site without a cohesive design and are showing notable signs of aging. •The proposed project includes construction of Genesis Automobile Dealership. Genesis will be fully electric by 2025 and will be a zero-emissions brand by 2030. The 19,952 square foot building will include a showroom with four display cars, sales offices, a customer lounge, restrooms, a Zen garden, landscaped atrium, parts storage, and an EV Lab on the first floor, with additional offices, a breakroom, storage and restrooms at the mezzanine level. Parking will be provided via 80 surface parking spaces. Surface parking at the rear of the building will be enclosed to reduce noise from closing car doors and routine project operation and will connect to the EV Lab for limited vehicle service, which will be fully enclosed. •The project proposes to consolidate 11 lots (Lots 7 through 17) of Tract Map No. 1210 into a single lot totaling approximately 1.79 acres. The consolidation of these lots is consistent with Section 2.51 (A Design Framework for Mariner’s Mile) of the Mariner’s Mile Strategic Vision and Design Framework which encourages development of multiple lots and shared access agreements in order to consolidate curb cuts, thereby reducing potentially hazardous turning movements on and off Pacific Coast Highway. The project will reduce the number of curb cuts, or driveways, from four to three. •The project proposes to remove two above-ground utility poles (telephone poles) located along the eastern side of the property at the rear of existing parcels 8 and 10.The project will also install a drain ditch and catch basins along the sloped hillside to capture debris and runoff from the slope located toward the center of the property. Project Location and Design •The subject property is located on West Coast Highway in the Mariner’s Mile commercial corridor and the existing commercial uses along West Coast Highway consist primarily of restaurants, retail uses, the Balboa Bay Club, and several automobile dealerships such as Ferrari of Newport Beach, Maserati of Newport Beach, and Phillips Auto. Genesis will differ from other dealerships along Coast 3 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 4 Tmplt: 01/18/23 Highway by providing EVs. A McDonald’s Restaurant with drive-thru is located immediately west of the project site and the Mariner’s Pointe commercial development is located to the east. A residential neighborhood is located north of the project site, atop a large slope. The Bayshores private residential community is located to the south, across West Coast Highway. • The building will occupy the north-eastern corner of the property, located in a manner to reduce potential visual impacts from homes on the slope above the site (Kings Road) and to maximize onsite circulation. The EV Lab will be located closest to the eastern property line and will be setback from West Coast Highway with the showroom and sales offices oriented closer to the street. The building will range from approximately 20’ to 25’ in height and all rooftop mechanical equipment will be screened from view. • The building will be constructed with basalt grey and matte black aluminum composite metal with a multi-panel glass frontage. The building will incorporate a modern design with a flat, non-reflective roof in order to decrease the visual impacts on the residential neighborhood behind the property. No rooftop uses are proposed. The roof overhangs the multi-pane glass frontage of the showroom providing a depth to the structure and visual interest while the EV Lab and enclosed parking are further setback, providing appropriate architectural relief as viewed from the Bayshores residential community across West Coast Highway. Parking lot light fixtures will be directed downward and will have back shields to prevent the spill of light onto residential properties. • The site will be accessed by three driveways. The eastern driveway will provide direct ingress-only access to the EV Lab. The main driveway, located at the center of the site, will provide direct in and out access to the customer parking area and the enclosed parking at the rear of the site. The driveway located at the western end of the site will also provide in and out access directly to the customer parking area. Onsite circulation between the driveways will be maintained by a 26-foot- wide drive aisle. The project proposes 80 surface parking spaces where 79 spaces are required. This will include 11 parking spaces for vehicle inventory display. • Several EV charging stations will be located onsite for inventory vehicles and vehicles being serviced; additional EV charging stations will be provided for customer use. Limited vehicle service will be provided in the enclosed EV Lab. The EV Lab will include eight service bays to be used for routine EV service and will be on an appointment-only basis. The EV Lab will be provided in a fully enclosed environment and will not include the use of pneumatic lifts. Once service is complete, or while waiting for service, vehicles will be parked in the enclosed parking area through an internal drive aisle. 4 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 5 Tmplt: 01/18/23 •Figure 1 below depicts the proposed site plan. As described above, the showroom will be oriented closer to West Coast Highway with the EV Lab and enclosed parking set back from the street. The central and western portions of the site will contain surface parking. Figure 1 – Proposed Site Plan •Figure 2 is the front elevation of the project. This figure depicts the long length of the project frontage along West Coast Highway and shows the scale of the building relative to the size of the site. The building height will be approximately 25 feet, consistent with the 26-foot height limit. The EV Lab and enclosed parking will be approximately 20 feet in height. The majority of the site will be comprised of surface parking with the building located on the eastern side of the property adjacent to the existing Mariner’s Pointe commercial center. Figure 2 – Front Elevation from West Coast Highway •Figure 3 provides an up-close view of the showroom from West Coast Highway, and depicts how the showroom will be oriented towards the street with the EV Lab and enclosed parking further setback from the street. 5 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 6 Tmplt: 01/18/23 Figure 3 – Showroom from West Coast Highway Land Use and Zoning • The property is located within the CG Zoning District which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs such as retail sales and services, restaurants, personal services, vehicles rental, sales, and services, and other similar commercial uses. • The Newport Beach Municipal Code (NBMC) defines Vehicle/Equipment Repair, limited as minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of uses include brake adjustments and repairs; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; wheel alignment and balancing. This project, however, includes minor repair and maintenance as described and does not include services such as a full-service motor vehicle repair garage, machine shop, alarms, stereo, paint shop, tire sales and installation, towing services, or a transmission shop that would classify the automobile service as a more intense use. This use is permitted in the CG Zoning District subject to approval of a minor use permit. • The NBMC defines Vehicle/Equipment Sales, limited as the sale of automobiles, including display, storage, minor maintenance, and incidental rental. It does not include maintenance and/or repair requiring pneumatic lifts. The automobile dealership offers luxury automobiles that are purely electric and does not include any maintenance and/or repair services that would require pneumatic lifts. This use is permitted in the CG Zoning District by right. • The property is categorized as CG (General Commercial) by the General Plan Land Use Element, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs such as retail sales and services, restaurants, personal services, vehicles rental, sales, and services, and other similar commercial uses. The project is for an automobile dealership with 6 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 7 Tmplt: 01/18/23 automobile sales and limited service as defined above, that will provide a retail and service use to residents and visitors to the City. •The Mariner’s Mile Strategic Vision & Design Framework recognizes the auto- reliant nature of the inland easterly and westerly portions of Mariner’s Mile and provide strategies for improved planning, design, and development standards including better quality buildings and landscaping to fit in with Mariner’s Mile. The project has been designed to the highest quality standards. The project includes approximately 4,900 square feet of new planting focused mainly in the parking area with 17 Mexican Fan Palms along West Coast Highway, nine parking lot trees, two Brisbane Box trees at the western property line near McDonald’s, and utilizes various species of shrub, ground cover, and green walls throughout the site to provide proper aesthetic. The proposed project had been designed consistent with the landscape standards set forth in Section 3.0 (Landscape) of the Mariner’s Mile Strategic Vision & Design Framework. Project Operational Characteristics •Genesis will employ approximately 20 full-time employees, with approximately 15- 16 employees at peak periods. The proposed hours of operation for sales will be between 9:00 a.m. and 8:00 p.m., Monday through Friday, 9:00 a.m. and 7:00 p.m. on Saturday, and 10:00 a.m. and 6:00 p.m. on Sunday. The proposed hours of operation for services in the EV lab will be between 8:00 a.m. and 6:00 p.m., Monday through Friday. Limited hours of service will be provided on Saturday and no services will be provided on Sunday. All services will be provided within the building. These hours of operation are consistent with nearby uses including the McDonald’s Restaurant drive-thru, which is open Sunday – Thursday 6:00 a.m. – 11:00 p.m. and Friday – Saturday 6:00 a.m. – 1:00 a.m. •There is one driveway that enters the site from the eastern side of West Coast Highway and leads to the EV Lab. The driveway will be designed to ensure proper ingress for cars being serviced in the facility and provides six spaces for vehicles queuing into the EV Lab, and an additional 14 parking spaces to ensure vehicles can arrive for service without creating a hazard from vehicles stacking on West Coast Highway. This driveway will lead through the site into the enclosed surface parking at the rear of the site. •An EV Lab Service and Vehicle Queuing technical memorandum dated January 16, 2024, was provided by CAA Planning to address EV Lab operation and anticipated queueing on the project site. According to the memorandum, the project includes services by appointment only to ensure that no more than four vehicles will be arriving at the EV lab at any one time. Additionally, vehicle technicians will be on-site to monitor the queue and direct vehicles to the enclosed 7 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 8 Tmplt: 01/18/23 parking area should the driveway reach capacity. EVs require less maintenance compared to typical vehicles and Genesis is able to provide software updates via wireless communication to its customers eliminating the need to bring vehicles to the site for certain repairs. Furthermore, Genesis offers complimentary Service Valet for up to three years or 36,000 miles for vehicle pick-ups which will also contribute to the reduction of anticipated vehicles arriving to the EV Lab for service. Condition of Approval No. 49 requires the applicant to propose new operation procedures should the vehicle queueing become an issue, which is not anticipated because there are six vehicle queuing spaces for the EV Lab, and an additional 14 parking spaces adjacent to the EV Lab. • As conditioned, the project will be prohibited from conducting any test drives of vehicles within residential neighborhoods, including, but not limited to the Newport Heights community. A test drive plan has been included as Attachment No. ZA 3. • As conditioned, the project will be prohibited from loading and unloading vehicles on West Coast Highway. Vehicles will be delivered off-site and driven individually to the site and no street parking will be allowed on West Coast Highway. Development Standards • The property is subject to a maximum floor area to land ratio (FAR) of 0.30. The property will be approximately 78,001 square feet (1.79 acres), with the merging of the 11 lots. The proposed 19,952 square foot of gross floor area of the building results in a FAR of 0.26, which complies with the maximum 0.30 FAR limit. Pursuant to Land Use Policy 6.19.13 (Lot Consolidation on Inland Side of Coast Highway) of the Land Use Element of the General Plan, the FAR may be increased to 0.5 where parcels are consolidated to accommodate larger commercial development projects that provide sufficient parking. A 0.5 FAR for this property would equate to a building size of 39,000.5 square feet. While the project proposes consolidation of 11 lots into 1 lot, and the project provides sufficient parking, an increase in FAR to 0.5 is not proposed. • The building height is limited to 26 feet for a flat roof and can be increased to 35 feet in height through discretionary approval. The project proposes building heights ranging from 20 to 25 feet in height with limited projections including a skylight and allowable rooftop appurtenances. The proposed project is consistent with the building height limit and no increase in the height limit is requested. • The automobile dealership requires a parking rate of one parking space per 1,000 square feet of lot area. The project requires 79 parking spaces and a total of 80 parking spaces are proposed. Parking would be provided via surface parking lots on the western side of the site and the enclosed surface parking at the rear of the 8 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 9 Tmplt: 01/18/23 building on the eastern side of the site. This includes 11 parking spaces for vehicle inventory/display. The project is consistent with the City’s parking requirement and no rooftop parking is proposed. • The minimum required front and side setback is zero-feet, except when abutting residential zoning districts. The property abuts a residential neighborhood to the rear, therefore, the required rear setback is five-feetfeet. The applicant requests a modification permit to allow a 10 percent, or 6-inch, deviation from the required 5- foot rear setback to allow a portion of the proposed building to encroach 6 inches into the required 5-foot rear setback. The setback encroachment is for approximately one-third of the site, where the enclosed parking is proposed to increase compatibility with the upslope residential uses. Approximately two-thirds of the site will not encroach into the required setback. In the middle of the property, the setback to the rear property line will be approximately 50 feet, and along the western portion of the site, the setback will be approximately 85 feet from the rear property line. The 6-inch deviation to the rear setback is requested to provide a design that is more compatible with the upslope residential uses by enclosing the parking at the rear of the building, and in recognition of the 12-foot curb realignment and right of way dedication that is being required along the property frontage. Detailed findings are provided in Attachment No. ZA 1 to address the requested modification permit. California Department of Transportation (Caltrans) Improvements to West Coast Highway • The project includes Caltrans improvements that include realigning the curb line and extending the existing lane transition area. Caltrans is also planning to install bike lanes along this section of West Coast Highway in the future. Therefore, a 12- foot-wide dedication along the West Coast Highway right-of-way is required pursuant to the included conditions of approval to facilitate the proposed improvements. No additional through lanes are being created as part of this project. • Improvements to West Coast Highway are to be constructed with the initial project construction to the extent practicable to limit disruption to West Coast Highway. A condition of approval is included to require all roadway improvement plans, including but not limited to widening, drainage, signing, striping, curb markings and other related design items to be reviewed by the Public Works Department prior to submittal to Caltrans. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of 9 Genesis Automobile Dealership (PA2023-0094) Zoning Administrator, February 1, 2024 Page 10 Tmplt: 01/18/23 Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. A detailed CEQA analysis is provided in Attachment No. ZA 1. 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 the action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: ____________________________ Jenny Tran Assistant Planner LAW/jt Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Test Drive Route ZA 4 EV Lab Service and Vehicle Queueing Technical Memorandum ZA 5 Project Plans ZA 6 Tentative Parcel Map 10 Attachment No. ZA 1 Draft Resolution 11 RESOLUTION NO. ZA2024-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A MINOR USE PERMIT, MINOR SITE DEVELOPMENT REVIEW, MODIFICATION PERMIT, AND TENTATIVE PARCEL MAP FOR A NEW TWO- STORY AUTOMOBILE DEALERSHIP FOR GENESIS AUTOMOBILE LOCATED AT 320, 400, 410, 500, AND 600 WEST COAST HIGHWAY (PA2023-0094) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Gen Newport Beach, LLC, with respect to properties located at 320, 400, 410, 500, and 600 West Coast Highway, and legally described as Lots 7 through 17 of Tract Map No. 1210 requesting approval of a Minor Use Permit, Minor Site Development Review, Modification Permit, and Tentative Parcel Map. 2.The applicant requests a minor use permit, minor site development review, modification permit, and tentative parcel map to allow the demolition of the existing on-site structures, and the construction and operation of an automobile dealership. The proposed automobile dealership consists of an approximately 19,952 square foot two-story building that includes a showroom, sales office, storage area, electric vehicle (EV) lab, and employee areas. Parking is provided within a surface parking lot and at-grade parking structure at the rear of the property. The request includes a modification permit to allow a portion of the structure to encroach 6-inches into the 5-foot rear yard setback. The tentative parcel map is requested to merge 11 underlying legal lots into one lot. Lastly, the project includes improvements to the West Coast Highway right-of-way. 3.The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Commercial General (CG) Zoning District. 4.The subject property is not located within the coastal zone. 5.A public hearing was scheduled on January 25, 2024, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). The Zoning Administrator continued the item to the meeting of February 1, 2024, based on staff’s request for a continuance. 6.A public hearing was held on February 1, 2024, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 12 Zoning Administrator Resolution No. ZA2024-### Page 2 of 25 10-18-21 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and under Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 32 exempts projects which are consistent with the applicable General Plan designation and applicable policies, as well as applicable zoning designations and regulations. The development must occur within city limits on a project site of no more than five acres substantially surround by urban uses. The project includes the demolition of existing on-site structures and construction of a new automobile dealership featuring electric vehicles (EVs). The site has no value as habitat for endangered, rare, or threatened species. The site is developed with six one and two-story buildings with paved surface parking lots. The project also includes a tentative parcel map to merge 11 lots that will total approximately 1.79 acres, which is less than five acres. 3. To qualify for the Class 32 exemption, the project cannot result in any significant effects relating to traffic, noise, air quality, or water quality. The net daily trip generation rate has been reviewed by the City’s Traffic Engineer based on the average daily trips of the existing commercial uses on-site and the proposed automobile dealership. The project will generate a net increase of 299 daily trips. Therefore, the project would result in a net increase of fewer than 300 daily trips and no impacts related to VMT are anticipated based on City Council Policy K-3. The automobile dealership specializes in sales and repair of EVs that produce less noise than conventional automobiles. The project has been designed with enclosed parking at the rear of the property adjoining the residential zoning district to reduce operational noise, such as vehicle doors closing. The EV Lab will also be fully enclosed and high noise generating activities such as use of pneumatic lifts is prohibited. Compared to traditional internal combustion engines, EVs eliminate tailpipe pollution such as nitrogen oxides (NOx), carbon monoxide (CO) and hydrocarbons (HC) because there is no combustion process. As such, air quality emissions associated with the sale of EVs is considerably less compared to cars with internal combustion engines. Additionally, the project will not produce a significant effect related to water quality. The project would not result in changes in site drainage that cannot be addressed through standard conditions such as best management practices (BMPs) to prevent erosion and construction pollutants from contacting stormwater. A Water Quality Management Plan (WQMP) has been submitted and reviewed by the City’s Geotechnical Engineer. The WQMP concludes that the project site is located outside of areas susceptible to erosion and the downstream channels and conveyance system will not be at risk of increased erosion due to project site developments. The project has been conditioned to require the property to be adequately served by all required utilities and public services. 4. Class 1 exempts projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Specifically, 15301(c) exempts work on existing highways and streets, sidewalks, gutters, bicycle, and pedestrian trails, and similar facilities. The project includes 13 Zoning Administrator Resolution No. ZA2024-### Page 3 of 25 10-18-21 improvements to West Coast Highway to realign the curb line, extend the existing transition area, and allow for the construction of a bike lane. 5. The exceptions to these categorical exemptions under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Minor Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district; Facts in Support of Finding: 1. The property is located within the CG Zoning District which is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. The project includes the construction of a new automobile dealership, specifically categorized as “Vehicle/Equipment Repair, limited” and “Vehicle/Equipment Sales, limited” land use. The Vehicle/Equipment Repair, limited land use requires approval of a minor use permit and the Vehicle/Equipment Sales, limited land use is allowed by right. 2. The NBMC defines Vehicle/Equipment Repair, limited as minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans, or similar size vehicles. Examples of uses include brake adjustments and repairs; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; wheel alignment and balancing. This project, however, includes minor repair and maintenance as described and does not include services such as a full-service motor vehicle repair garage, machine shop, alarms, stereo, paint shop, tire sales and installation, towing services, or a transmission shop that would classify the automobile dealership as a more intense land use. 3. The NBMC defines Vehicle/Equipment Sales, limited as the sale of automobiles, including display, storage, minor maintenance, and incidental rental. The land use definition does not include maintenance and/or repair requiring pneumatic lifts. The automobile dealership offers luxury automobiles that are purely electric and does not include any maintenance and/or repair services that would require pneumatic lifts. 14 Zoning Administrator Resolution No. ZA2024-### Page 4 of 25 10-18-21 4.The property has a maximum floor area to land ratio (FAR) of 0.30. The property consists of 11 lots to be merged and is approximately 78,001 square feet (1.79 acres). The project consists of 19,952 square feet of gross floor area; therefore, the project has a proposed FAR of 0.26, which complies with the maximum 0.30 FAR limit. Finding: B.The proposed development is in compliance with all of the following applicable criteria; i.Compliance with this section, the General Plan, Title 20 (Planning and Zoning) of the NBMC, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii.The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii.The compatibility in terms of bulk, scale, and aesthetic treatment of structures on site and adjacent developments and public areas; iv.The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v.The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and vi.The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection) of the NBMC. Facts in Support of Finding: 1.The property is categorized as CG (General Commercial) by the General Plan Land Use Element, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The project includes the construction of an automobile dealership that specializes in purely electric vehicles. Electric Vehicle (EV) services will be provided in a fully enclosed environment. This section of West Coast Highway includes several existing automobile dealerships. However, Genesis Automobile will offer specialized EV cars and will provide an additional offering for the residents of the City. 2.Land Use Policy LU 5.2.2 (Buffering Residential Areas) of the Land Use Element of the General Plan requires that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through incorporation of landscaping, attractive architectural treatment of elevations facing residential neighborhoods, and 15 Zoning Administrator Resolution No. ZA2024-### Page 5 of 25 10-18-21 location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. The building will be constructed with basalt grey and matte black aluminum composite metal with a multi-pane glass frontage. The building will incorporate a modern design with a flat, non-reflective roof to reduce the visual impacts on the residential neighborhood behind the property. The multi-pane glass frontage of the showroom will be set back from the roof, providing visual interest, and the EV Lab and enclosed parking are further setback, providing appropriate architectural relief as viewed from the residential neighborhood of Bayshores across West Coast Highway. Parking lot light fixtures will be directed downward and will have back shields to prevent the spillage of light onto residential properties. Test drives through residential neighborhoods are prohibited to prevent impacts on neighborhood traffic. To address privacy concerns related to adjacent residential areas, parking behind the building will be enclosed, and no roof-top uses are proposed. 3. The Noise Element of the General Plan requires residential land uses and other sensitive receptors to be protected from excessive noise from motor vehicles. One of the major sources of traffic noise in the City is along Coast Highway which is considered to be a major arterial roadway. The project includes vehicle repair as classified as the Vehicle/Equipment Repair, Limited land use of the NBMC that includes minor repair of automobiles such as brake adjustments and repairs, installation of electronic equipment; servicing of cooling, electrical, fuel, and exhaust systems; oil and lube shops; and wheel alignment and balancing. Full-service vehicle repair, painting services, towing services, and transmissions shops are not offered at this location and pneumatic lifts are not proposed which ensures the project will not create noise impacts. The EV Lab is entirely enclosed, which will further ensure the project will not create noise impacts. Finally, EVs are quieter than conventional vehicles by nature, and will not create noise impacts during routine operation. 4. Section 2.51 (A Design Framework for Mariner’s Mile) of the Mariner’s Mile Strategic Vision and Design Framework encourages development of multiple lots and shared access agreements in order to consolidate curb cuts, thereby reducing potentially hazardous turning movements on and off Coast Highway. The project includes a tentative parcel map to merge 11 individual underlying legal lots into a single lot which is compatible with the Vision and Design Framework. The project will demolish several vacant buildings with individual uses to construct an automobile dealership across the merged lots. 5. Section 2.71 (Land Use Considerations – Sensitivity to Existing Neighborhoods) of the Mariner’s Mile Strategic Vision and Design Framework encourages sensitivity to the adjacencies of the existing neighborhoods with proposed new uses and development projects. Mitigation of potential impacts to existing residents should be considered and may be accomplished through landscaping, equipment screening, limitations on signage, lighting and glare spill-off, building colors, or other appropriate measures. The maximum height of the building is 26-feet with an allowed 6-inch increase for skylights. The roof will be a solid, non-reflective color to mitigate impacts to the residential neighborhood located at a significantly higher grade behind the property. All roof top equipment will be screened from view from all five sides. Parking lot lighting will be 16 Zoning Administrator Resolution No. ZA2024-### Page 6 of 25 10-18-21 directed downward and will include back shields to prevent the spill of light on both up- slope residential properties as well as those across Coast Highway. 6. Section 3.21 (Pacific Coast Highway Edge Landscape) of the Mariner’s Mile Strategic Vision and Design Framework encourages Washington Robusta (Mexican Fan Palm) to be planted across the entire frontage of the property. Additionally, landscaping is provided towards the rear of the property along the existing sloping landscaping area that is to remain. Prior to the issuance of building permits, a final landscape plan will be reviewed to ensure the project complies with Section 3.21 of the Vision and Design Framework, incorporates non-invasive plant species and water-efficient irrigation designs, and complies with Caltrans standards for plantings within or near the right-of- way. 7. The project includes a surface parking lot with indoor and outdoor parking spaces for customers, employees, and inventory parking. Appropriate drive aisles are provided for cars being serviced as well as customer parking for prospective buyers. The project has been reviewed by the Public Works Department and conditions of approvals are provided to ensure adequate queueing and loading space is provided on-site to prevent any queueing or stacking of cars onto West Coast Highway. 8. An EV Lab Service and Vehicle Queuing technical memorandum dated January 16, 2024, was provided by CAA Planning that addresses concerns regarding potential queueing into West Coast Highway. The project includes services by appointment only to ensure no more than four vehicles are arriving at the EV Lab at any one time. Additionally, vehicle technicians will be on-site to monitor the queue and direct vehicles to the enclosed parking area should the driveway reach capacity. EVs require less maintenance compared to conventional vehicles and Genesis is able to provide software updates via wireless communication to its customers eliminating the need to bring vehicles to the site for certain repairs. Furthermore, Genesis offers complimentary Service Valet for up to three years or 36,000 miles for vehicle pick-ups which will also contribute to the reduction of anticipated vehicles arriving to the EV Lab for service. Prior to building permit issuance, a final Queuing Analysis shall be reviewed and approved by Public Works Department. 9. Facts in support of Finding A are hereby incorporated by reference. 10. Pursuant to Land Use Policy 6.19.13 (Lot Consolidation on Inland Side of Coast Highway) of the Land Use Element of the General Plan, the FAR may be increased to 0.5 where parcels are consolidated to accommodate larger commercial development projects that provide sufficient parking. The project proposes sufficient parking and is compliant with the current FAR of 0.3 as the proposed FAR is 0.26. While the project includes lot consolidation, an increase in FAR to 0.5 is not proposed. 11. Pursuant to Section 20.30.100 (Public View Protection), the nearest public viewpoint is approximately 1,300 feet away at Castaways Park and the proposed development is not expected to obstruct this public viewpoint, or any other public viewpoint. 17 Zoning Administrator Resolution No. ZA2024-### Page 7 of 25 10-18-21 12. The property is not located within a specific plan area. Finding: C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. Facts 4 and 8 in support of Finding B are hereby incorporated by reference. 2. A test drive route was provided by the applicant to ensure that all test driving will occur on West Coast Highway. Additionally, a condition of approval is included to ensure that no test driving will occur in residential neighborhoods. 3. The project will be conditioned to ensure that new vehicles are driven individually to the project site and will not be delivered via car hauler on West Coast Highway. Any other delivery vehicles would be required to stage within the project site (e.g. FedEx, UPS, etc.). 4. The applicant has submitted a Fire Master Plan which has been reviewed and preliminarily approved by the Life and Safety Division (Fire Department). The plans have been reviewed to ensure adequate access to fire hydrants, hose pull, and building coverage is provided and any changes shall be reviewed and approved by the Fire Department. 5. The project has been designed to enclose the parking areas nearest residential uses and does not propose roof-top parking or other roof-top uses beyond mechanical equipment that will be screened. 6. As part of the development, the power lines behind the property will be eliminated. Minor Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permit – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: D. The use is consistent with the General Plan and any specific plan; Facts in Support of Finding: 1. Facts 1-3 in support of Finding B are hereby incorporated by reference. 18 Zoning Administrator Resolution No. ZA2024-### Page 8 of 25 10-18-21 2. The property is not located within a Specific Plan area. Finding: E. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; Facts in Support of Finding: 1. Facts in support of Finding A are hereby incorporated by reference. 2. Section 20.30.120(D) (Solid Waste and Recyclable Materials Storage – Nonresidential Projects) of the NBMC requires 96 square feet of storage area for refuse and recycling for up to 25,000 square feet of structure. The total square footage of the proposed structure is 19,952 square feet. The project proposes 142 square feet of storage area for refuse and recycling in compliance with this requirement. The trash enclosure is situated in the middle of the property near the entrance to the enclosed parking and away from residential uses. Finding: F. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. Fact 2, 5, and 6 in support of Finding B are hereby incorporated by reference. 2. The EV Lab will be approximately 2,500 square feet within the total 19,952 square foot building and will include eight service areas, a storage room for parts, a general storage room, and employee areas. The EV services will be conducted in a fully enclosed building and will not use pneumatic lifts or other heavy repair equipment such as bodywork or painting. Additionally, EV batteries will not be stored on-site, but will rather be brought to the site on an as-needed basis with corresponding appointments for battery replacement. A condition of approval is included to ensure that no batteries are to be stored on-site and any future changes to the operational characteristics to propose on-site storage of batteries must be reviewed by the Fire Department. 3. The existing uses along West Coast Highway consist of several automobile dealerships and the project proposes similar hours of operation as these existing automobile dealerships and other retail and service uses along Mariner’s Mile. The proposed hours of operation for sales will be between 9:00 a.m. and 8:00 p.m., Monday through Friday, between 9:00 a.m. and 7:00 p.m. on Saturday, and between 10:00 a.m. and 6:00 p.m. on Sunday. The proposed hours of operation for services in the EV Lab will be between 8:00 a.m. and 6:00 p.m., Monday through Friday. Limited hours of service will be provided on Saturday and no services will be provided on Sunday. The adjacent 19 Zoning Administrator Resolution No. ZA2024-### Page 9 of 25 10-18-21 McDonald’s Restaurant drive thru is open 6:00 a.m. to 11:00 PM Sunday – Thursday and 6:00 a.m. to 1:00 a.m. Friday -Saturday. Finding: G. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; Facts in Support of Finding: 1. The project includes a tentative parcel map to merge 11 lots that will total approximately 1.79 acres and provide adequate space for the automobile dealership including all required parking spaces. 2. The project has been reviewed by the City’s Fire, Public Works, and Building Departments. Adequate public and emergency vehicle access, public services, and utilities are provided to the property. 3. Fact 8 in support of Finding B is hereby incorporated by reference. 4. Facts 2 and 3 in support of Finding F are hereby incorporated by reference. Finding: H. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare or persons residing or working in the neighborhood of the proposed use; Facts in Support of Finding: 1. The project has been reviewed by all relevant City Divisions and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The project has been designed to be harmonious with persons residing or working in the neighborhood by enclosing the parking area behind the building and enclosing the EV Lab to ensure that project operations (e.g., parking cars, opening and closing of car doors, employee conversations, etc.) area not detrimental to said persons. Additionally, the project does not propose roof-top parking or any other roof-top uses which might generate noise or privacy concerns. 20 Zoning Administrator Resolution No. ZA2024-### Page 10 of 25 10-18-21 3. Facts in support of Finding C are hereby incorporated by reference. Modification Permit In accordance with Section 20.52.050(E) (Modification Permits – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: I. The requested modification will be compatible with existing development in the neighborhood; Facts in Support of Finding: 1. The property requires a five-foot rear setback when the property is adjacent to residential zoning districts. The Zoning District to the rear of the property is within the R-1 (Single- Unit Residential Zoning District). The project requests a modification permit to allow a 10 percent, or six-inch, deviation from the required setback. The request does not include an encroachment within an alley setback or bluff setback, which are not allowed pursuant to Section 20.52.050(2)(a) (Modification Permits – Setback Modifications) of the NBMC. 2. The residential neighborhood adjacent to the rear of the property is located at a substantially higher grade where the rear yard of these residential developments are approximately 30-40 feet above the elevation of the subject property. The height of the proposed structure is 26-feet with a flat roof and is not expected to obstruct or impede on any views for the residential neighborhood above. 3. The property is also adjacent to the shopping center located at 100 West Coast Highway to the east that is constructed within the five-foot rear setback along the rear property line. The proposed structure will only encroach six-inches into the required setback and will maintain four-feet six-inches from the rear property line, which is greater than 100 West Coast Highway, which was constructed with a zero-foot setback. Finding: J. The granting of the modification is necessary due to the unique physical characteristic(s) of the property and/or structure, and/or characteristics of the use; Facts in Support of Finding: 1. The subject property is located in the CG Zoning District. The proposed project is designed with an automobile dealership, surface parking for employees, customers, and inventory vehicles, and landscaping. The property also has existing landscaping on a hillside slope that is to remain. The project proposes new landscaping along the street frontage of Coast Highway that is compatible with the Mariner’s Mile Strategic Vision and Design Framework to maintain and improve the visual aesthetic of Mariner’s Mile. 21 Zoning Administrator Resolution No. ZA2024-### Page 11 of 25 10-18-21 2.The property is a long shallow lot that is approximately 140-feet in depth. Additionally, the Caltrans initiated improvements to West Coast Highway will require the curb line to be relocated and the depth of the property will be reduced by 12-feet. The six-inch encroachment in the rear setback is negligible in size compared to the 12-foot reduction at the front of the property and will allow the proposed building to have additional space to fit within the confines of the property after the reduction in lot depth. 3.The property is a shallow lot and the reduction in lot size after realigning the curb line will create a physical hardship in constructing the building with adequate space to accommodate the parking of vehicles as well as provide adequate drive aisles for cars to be serviced. The six-inch encroachment allows the EV Lab parking to be enclosed, designed with adequate parking spaces, as well as a 26-foot drive aisle as required by Table 3-13 (Standard Vehicle Space Requirements) of Section 20.40.070(C) (Development Standards for Parking Areas – Parking Space and Lot Dimensions) of the NBMC. 4.The requested six-inch encroachment is for the dealership building that extends across approximately one-third of the site. Approximately two-thirds of the site will not exceed the required setback. In the middle of the property, the setback to the rear property line will be approximately 50-feet, and along the western portion of the site the setback will be approximately 85-feet from the rear property line. Finding: K.The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code; Facts in Support of Finding: 1.Section 20.30.110 (Setback Regulations and Exceptions) of the NBMC establishes setback standards to ensure the provision of open areas around structures for various reasons such as safety, privacy, and separation of incompatible uses. The subject property is in the CG Zoning District where the rear setback would be zero feet unless the property is abutting a residential zoning district; and in this instance would require a five-foot setback. The purpose and intent of this five-foot rear setback would be to separate commercial uses from the nearby residential uses. However, the commercial properties along Coast Highway are separated from this residential neighborhood by a substantial grade difference (30 to 40 feet) with sloping hillside landscaping. 2.Facts 2 and 3 in support of Finding J is hereby incorporated by reference. Finding: 22 Zoning Administrator Resolution No. ZA2024-### Page 12 of 25 10-18-21 L. There are no alternatives to the modification permit that could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants, the neighborhood, or to the general public; and Facts in Support of Finding: 1. The automobile dealership requires a parking rate of one parking space per 1,000 square feet of lot area. The property requires 79 parking spaces, and the project proposes a total of 80 parking spaces with a combination of indoor and outdoor surface parking spaces. The proposed drive aisle within the facility is also required to ensure proper ingress/egress for cars being serviced in the facility and to allow for areas for vehicles to queue and park on-site without creating a detriment from cars stacking on Coast Highway. 2. The area where the structure encroaches six-inches into the rear setback is enclosed parking, which is proposed to increase compatibility with the up-slope residential properties. An alternative design is not possible while still providing the same level of compatibility. 3. Fact 8 in support of Finding B is hereby incorporated by reference. Finding: M. The granting of the modification would not be detrimental to public health, safety, or welfare, to the occupants of the property, nearby properties, the neighborhood, or the City, or result in a change in density or intensity that would be inconsistent with the provisions of this Zoning Code. Facts in Support of Finding: 1. The six-inch encroachment into the rear setback will not result in a change of density to the subject property nor will it allow for an intensity in proposed use that is inconsistent with the provisions of the Zoning Code. 2. The CG Zoning Designation allows 0.30 FAR and the automobile dealership proposes 0.26 FAR and adequate parking will be provided as required. The automobile dealership will be distanced from the residential neighborhood above by the existing hillside landscaping. The grade difference and the limited services provided in the enclosed EV Lab are not expected to create a noise detriment to the residential neighborhood above as compared to a typical general vehicle repair service station that is not enclosed and that has more intense vehicle service. 3. Compliance with Title 20 (Planning and Zoning) of the NBMC and the attached conditions of approval are required and will further ensure that the proposed use will not be detrimental to the occupants of the property, nearby properties, the neighborhood, or the City. 23 Zoning Administrator Resolution No. ZA2024-### Page 13 of 25 10-18-21 Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: N.That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code; Facts in Support of Finding: 1.Facts 1-3 in support of Finding B are hereby incorporated by reference. 2.The project proposes to merge 11 lots into one single contiguous lot. The tentative parcel map will not constitute a division of land or create any new lots. 3.The property is not located within a specific plan area. Finding: O.That the site is physically suitable for the type and density of development; Facts in Support of Finding: 1.The site was previously developed with six separate structures for various commercial retail and service uses. The proposed project will be developed as a single commercial use with surface parking areas that will further reduce the amount of potentially hazardous turning movements on and off West Coast Highway. 2.The subject property is accessible from West Coast Highway. Finding: P.That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; 24 Zoning Administrator Resolution No. ZA2024-### Page 14 of 25 10-18-21 Facts in Support of Finding: 1. The property is located within an existing commercial area that does not contain any sensitive vegetation or habitat on-site. 2. The project is exempt from CEQA pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines. Section 2 of this Resolution is hereby incorporated by reference. Finding: Q. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; Facts in Support of Finding: 1. The tentative parcel map is to merge 11 lots into one contiguous lot. All improvements associated with the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per NBMC Section 19.28.010 (General Improvement Requirements) of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 2. Fact 2 in support of Finding N is hereby incorporated by reference. Finding: R. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision; Facts in Support of Finding: 1. The Public Works Department has reviewed the proposed Tentative Parcel Map and has determined that the design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development. 2. The project includes a request to encroach six inches in the five-foot rear setback area which includes the five-foot Southern California Edison easement located in the rear of 25 Zoning Administrator Resolution No. ZA2024-### Page 15 of 25 10-18-21 the property. A condition of approval is included to require the applicant to receive approval for the encroachment from the easement holder. Finding: S.That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land; Facts in Support of Finding: 1.The property is not subject to the Williamson Act because the property is not designated as an agricultural preserve and is less than 100 acres in area. 2.The property is in the CG Zoning District, which is intended for commercial uses. The CG Zoning District is not intended for residential development that is incidental to commercial agricultural uses. Finding: T.That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision-making body finds that the proposed land project is consistent with the specific plan for the area; Facts in Support of Finding: 1.California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land. 2.The project is not located within a specific plan area. Finding: U.That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act; Fact in Support of Finding: 26 Zoning Administrator Resolution No. ZA2024-### Page 16 of 25 10-18-21 1.The tentative parcel map and automobile dealership are subject to Title 24 of the California Building Code which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City’s Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: V.That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources; Fact in Support of Finding: 1.The proposed project is an automobile dealership consistent with the CG Zoning District for commercial uses. The property does not allow for residential uses nor is it identified as a housing opportunity site in the Housing Element of the General Plan. The demolition of the existing structures on-site does not include the demolition of any residential structures. Finding: W.That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; and Fact in Support of Finding: 1.A condition of approval is included to require new sewer laterals and cleanouts to be installed per City Standard 406 and for sewer cleanouts to be placed adjacent to the property line within the public right-of-way. Finding: X.For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1.The subject property is not located within the Coastal Zone. SECTION 4. DECISION. 27 Zoning Administrator Resolution No. ZA2024-### Page 17 of 25 10-18-21 NOW, THEREFORE, BE IT RESOLVED: 1.The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15332 under Class 32 (In-Fill Development Projects) and Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.The Zoning Administrator of the City of Newport Beach hereby approves a Minor Use Permit, Minor Site Development Review, Modification Permit, and Tentative Parcel Map (PA2023-0094), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3.This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF FEBRUARY, 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 28 Zoning Administrator Resolution No. ZA2024-### Page 18 of 25 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of Minor Site Development Review, Minor Use Permit, Modification Permit, and Tentative Parcel Map. 4. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 5. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 6. Test driving of vehicles shall be prohibited on all residential and local streets, including but not limited to, the streets in the Newport Heights and Cliff Haven communities. 7. Vehicle service shall be performed entirely within the designated service areas of the building. No vehicle service or repair shall take place in any designated parking space, drive aisle, or outdoor area. 8. No vehicles shall be displayed with open hoods, doors, trunks, or tailgates outside. 9. Full-sized vehicles shall not be stored or displayed in parking spaces such that they extend into traffic aisles. 10. The applicant shall receive approval for any encroachments in the Southern California Edison utilities easement from the easement holder. 11. This Minor Site Development Review, Minor Use Permit, Modification Permit, and Tentative Parcel Map may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property 29 Zoning Administrator Resolution No. ZA2024-### Page 19 of 25 10-18-21 or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. Any change in operational characteristics, including changes that would add service of automobiles with internal combustion engines, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Site Development Review, Minor Use Permit, and Modification Permit or the processing of a new Minor Site Development Review, Minor Use Permit, and Modification Permit. 13. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 14. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. No invasive species shall be permitted, and the plans shall comply with the Mariner’s Mile Strategic Vision and Design Framework to the extent feasible. 15. 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. 16. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 17. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 30 Zoning Administrator Resolution No. ZA2024-### Page 20 of 25 10-18-21 18. 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. 19. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 20. No outside paging system shall be utilized in conjunction with this establishment. 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. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 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. 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). 25. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. All deliveries shall be accommodated onsite and no delivery staging is permitted within the Coast Highway right-of-way. 26. 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. 27. 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 31 Zoning Administrator Resolution No. ZA2024-### Page 21 of 25 10-18-21 media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Genesis Automobile Dealership including, but not limited to, a minor site development review, minor use permit, modification permit, and tentative parcel map (PA2023-0094). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 29. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. 30. Batteries for electric vehicles shall not be stored on-site. Any changes to the operational characteristics that would require batteries to be stored on-site must be reviewed and approved by the Fire Department. Building Division 31. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 32. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. 32 Zoning Administrator Resolution No. ZA2024-### Page 22 of 25 10-18-21 •Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. •Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions •Require 90-day low-NOx tune-ups for off road equipment. •Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts •Encourage carpooling for construction workers. •Limit lane closures to off-peak travel periods. •Park construction vehicles off traveled roadways. •Wet down or cover dirt hauled off-site. •Sweep access points daily. •Encourage receipt of materials during non-peak traffic hours. •Sandbag construction sites for erosion control. Fill Placement •The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. •Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10% soil moisture content in the top six- inch surface layer, subject to review/discretion of the geotechnical engineer. 33.A list of “good housekeeping” practices will be incorporated into the long-term post- construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 34.Prior to issuance of building permit, the applicant shall identify the occupancies of the building and provide occupancy separation or analysis as non-separated occupancy. 35.Prior to issuance of building permit, the applicant shall provide the required number of accessible EV parking separate from accessible parking. 36.Prior to issuance of building permit, the applicant shall provide the accessible route from outdoor parking and the public right-of-way to the building. 37.Prior to issuance of building permit, the applicant shall provide the required number of accessible outdoor and indoor parking. 38.Prior to issuance of building permit, the applicant shall provide ventilation for enclosed parking garage. 33 Zoning Administrator Resolution No. ZA2024-### Page 23 of 25 10-18-21 39.Prior to issuance of building permit, the applicant shall provide detectable warning in compliance with Section 11B-247 of the 2022 California Building Code. Detectable warning cannot be on the drive aisle and door maneuvering clearance. 40.Prior to issuance of building permit, the applicant shall provide, an egress court in compliance with Section 1029 of the 2022 California Building Code. 41.Prior to issuance of building permit, the applicant shall provide curb ramps on the exterior change in elevation towards the building. Public Works Department 42.All improvements shall be constructed as required by Ordinance and the Public Works Department. 43.An encroachment permit shall be required for all work activities within the public right- of-way on City Facilities. 44.A Caltrans encroachment permit is required for all work within Caltrans right-of- way. 45.Prior to building permit issuance, the final Parking Management Plan shall be reviewed and approved by the Community Development Director and City Traffic Engineer, including the operation of the proposed tandem parking. 46.Parking layout shall comply with the City Parking Lot Standard 805. Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a dedicated turn around space and minimum five-foot drive aisle extension. 47.Test driving of vehicles shall be prohibited on all residential and local streets, including streets in the Newport Heights and Cliff Haven communities. 48.Loading and unloading of vehicles shall occur entirely on-site and shall be prohibited from loading and unloading within the West Coast Highway public right-of-way. 49.Vehicles waiting for service shall be prohibited from encroaching into the public right- of-way, including the sidewalk area. Vehicle queueing shall be monitored at all times. Applicant shall implement operation defined in Genesis-EV Lab Service and Vehicle Queueing Memorandum dated January 16, 2024, to ensure queue does not impact the public right-of-way including the sidewalk and Coast Highway areas. Should vehicle queueing become an issue, as determined by the City, applicant shall propose new operation procedures to the Community Development Director and City Traffic Engineer for review and approval. Applicant shall implement the revised operation immediately upon approval. 50.The applicant shall provide a full twelve foot wide dedication along West Coast Highway right-of-way in fee to the City of Newport Beach. The applicant shall be responsible to 34 Zoning Administrator Resolution No. ZA2024-### Page 24 of 25 10-18-21 design and construct the full width curb relocation on West Coast Highway along the entire property frontage per the Preliminary Striping Plan. The applicant shall also be responsible to design and construct the transitions on the adjacent property frontages as required (which shall be the minimum feasible length required to achieve the conceptual design depicted in the Preliminary Striping Plan). The applicant will be responsible for 100 percent of the cost of the curb relocation along the project frontage and transition at adjacent property frontages. Plans shall be reviewed and approved by the City of Newport Beach and Caltrans. The City will support the applicant in acquiring all necessary permits from Caltrans and construction access from neighboring properties. The curb relocation improvements shall be constructed with the initial project construction to the extent practicable to limit disruption to West Coast Highway. The applicant may also work with Caltrans, for Caltrans to physically construct the curb relocation plans, at the applicant’s expense, if so agreed by Caltrans. 51. Prior to the recordation of the final parcel map, the applicant shall provide separate performance improvement bond and labor/materials improvement bond in the form and amount acceptable to the Public Works Director and City Attorney for 100 percent of the estimated improvement costs, as prepared by a Registered Civil Engineer and approved by the Public Works Director, for each of the following, but not limited to, street improvements, monuments, sidewalk, striping, signage, street lights, sewer systems, water systems, storm drain and water quality management systems, erosion control, landscaping and irrigation in the public right-of-way. 52. A parcel map (Map) shall be recorded prior to the issuance of building permit for new construction. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital- graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 53. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the City Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 54. All unused water services shall be abandoned at the water main. 55. All unused sewer laterals to be abandoned shall be capped at the property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the “4TT” box and “wye”. Sewer laterals shall then be capped where the “wye” used to be. 35 Zoning Administrator Resolution No. ZA2024-### Page 25 of 25 10-18-21 56. New sewer laterals and cleanouts shall be installed per City Standard 406 and sewer cleanouts shall be placed adjacent to the property line within the public right-of-way. 57. The applicant is responsible for all improvements to the City’s water and sewer systems necessary to accommodate the proposed project. 58. Caltrans is scheduled to repave West Coast Highway in Spring 2024 and any repaved trenching or damage to West Coast Highway as part of the proposed project will require street repair per the City’s Moratorium Roadway Trench Resurfacing Standard 106-D. 59. Parking along the project frontage of West Coast Highway shall be prohibited. No vehicles shall be parked, staged, stored or placed in the public right-of-way for any duration of time. Vehicle deliveries are prohibited within public right-of-way. 60. Prior to submittal to Caltrans, roadway improvements plans, including, but not limited to, widening, drainage, signing, striping, curb markings and other related design items shall be reviewed by the Public Works Department. Applicant shall make revisions noted by the Public Works Department and resubmit prior to submittal to Caltrans. 61. Remove and required replacement of existing City trees along West Coast Highway is subject to further review and approval by the City Arborist. 62. Final design of the realigned City water main along the entire West Coast Highway project frontage is subject to final approval by the Public Works and Utilities Departments. Project is responsible for the cost and installation of the new water main. 63. All project driveways shall comply with the City Sight Distance Standard 105. All structures and landscaping shall comply with the height restrictions within the limited use area. 64. Final construction management plan shall be reviewed and approved by the City Traffic Engineer and Community Development Director prior to building permit issuance. Locations of construction fencing, and gates shall not impact the line of sight per City Standard. Final construction schedule shall be provided as part of the final construction management plan. 36 Attachment No. ZA 2 Vicinity Map 37 VICINITY MAP Minor Use Permit, Minor Site Development Review, Modification Permit, and Tentative Parcel Map (PA2023-0094) 320, 400, 410, 500, and 600 West Coast Highway Subject Property 38 Attachment No. ZA 3 Test Drive Route 39 40 Attachment No. ZA 4 EV Lab Service and Vehicle Queueing Technical Memorandum 41 30900 Rancho Viejo Road, Suite 285, San Juan Capistrano, CA 92675 • (949) 581-2888 • Fax (949) 581-3599 Memorandum To: Brad Sommers From: Shawna Schaffner Date: January 16, 2024 Subject: Genesis – EV Lab Service and Vehicle Queuing The Genesis project has 8 EV Labs, or service bays, and 20 spaces to accommodate EVs for service. This includes 6 queuing spaces at the easterly driveway on West Coast Highway, and 14 service only parking spaces contained within the enclosed parking area. Service is by appointment only. Everything is scheduled to ensure there will be no more than 2-4 vehicles arriving at any one time. Once vehicles pull into the service drive, they will be greeted by an attendant and the vehicles will be immediately moved into one of the enclosed EV Labs, or into the adjacent dedicated service parking area. While queuing problems are not anticipated given the low number of appointments per hour, the EV Lab queuing area will be actively monitored by vehicle technicians at all times. If the driveway ever reached capacity, the entrance would be closed and the two additional driveways located westerly of the service drive would be used to provide access to the main parking lot. From the main parking lot, a vehicle can be moved through the enclosed parking area into the “service” parking spaces. Genesis EV cars, and EVs in general, require significantly less maintenance compared to a vehicle with an internal combustion engine because there are fewer moving parts and fluids requiring maintenance. Genesis EVs feature over-the-air (OTA) technology, which delivers software updates via wireless communication. OTA updates enable vehicles to update essential safety, performance, and feature enhancements all without visiting a service center. Genesis also offers complimentary Service Valet for 3 years or 36,000 miles. Genesis performs a remote diagnostic check, picks up the vehicle from your home or office, provides the service, and returns the vehicle when it is ready. These types of features reduce the need for visits to the EV Lab, and also allow for a better distribution of vehicles arriving at the EV Lab for service. 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352-(&7'(6&5,37,211(:%8,/',1*)257+(6$/(2)027259(+,&/(6Z6+2:5220 6(59,&(6+23 5(48,5(' D2&&83$1&<6)((76725,(66)3(5)/225 19' % 6)6)3(521(2&&83$17 2&&83$176 (9/$%6 6 6)6)3(521(2&&83$17 2&&83$176 (;,7 3529,'(':,7+2)(;,7:,'7+ (;,7 3529,'(':,7+2)(;,7:,'7+ %86,1(66$5($6 3(56216) *5266$5($ $66(0%/<:,7+287),;('6($7681&21&(175$7(' 7$%/(6$1'&+$,56 3(56216) 1(7$5($ 3$5.,1**$5$*(6 3(56216) *5266$5($ :$5(+286(6 3(56216) *5266$5($ 3$5766725$*( 6 6)6)3(521(2&&83$17 2&&83$176%$&.2)+286(2)),&(6 % 6)6)3(521(2&&83$17 2&&83$176%5($.5220 % 6)6)3(521(2&&83$17 2&&83$176 6+2:5220 6$/(6 %  3$5.,1**$5$*( 6  6725$*( 6  19' %  (9/$%6 6  3$5766725$*( 6 %$&.2)+286(2)),&(6 % %5($.5220 %  2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17 2&&83$176#3(52&&83$17  0,15(48,5('  0,15(48,5('  0,15(48,5('  0,15(48,5('  0,15(48,5('  0,15(48,5('  0,15(48,5('  0,15(48,5(' 6+2:5220 6$/(6 %  3$5.,1**$5$*( 6  6725$*( 6  19' %  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GYP-19' - 0" GYP-19' - 0" ) 23(1 ECS-1)))) )))) ) )) ) ) ) ) )) ) ) ) ) ) ) )) ) ) ) ) ) ) ) ) ) ) )) ) ) )) ) ) ) ))) ) )))) )))) ) ) ) ) ) ) ) ) ACT-410' - 0") ACT-29' - 0" ) ) ))))) ) )))) ) ) )))) ) ) ) ) ) )23(1 ECS-1 23(1 ECS-1 ) ) 23(1 ECS-1 ))) GYP-19' - 6" GYP-19' - 6" ))) ) ) )) )) ) ) )) ) )) ) ))))) ) ) ) ACT-114' - 0" GYP-19' - 0" 23(1 ECS-1 23(1 ECS-1 GYP-19' - 0" GYP-19' - 0" GYP-19' - 0" ) 23(1 ECS-1 ) ) " " " )) $75,8023(1726.</,*+7$%29( */ )))))))))))))))) )$ ) )$ ) ) ))) )) GYP-18' - 0" GYP-18' - 0" GYP-18' - 0" GYP-18' - 0" GYP-18' - 0" GYP-18' - 0"ECS-121' - 0" 23(1 ECS-1 ) )) )) ))GYP-18' - 0" GYP-18' - 0" )) )) ) )) ) ))) ))))GYP-18' - 0" )$)$)$)$ ) ) ) ) ) )) )) )) ))))) ))) ))) ))) ))) ) ) ))) ) )) ) ))) ) )) ) )) ) )) ) ) ) ) ) ) ) ) ) )) ) ) ) ) )) ) )$)$)$)$)$)$ GYP-18' - 0" 5&3/(*(1' $&7;7%$5&(,/,1*0(6+ $&7;:+,7(+$/&<21  ,17(5,25$&2867,&&(,/,1*7,/( *<3*<3%2$5'&(,/,1*72%(3$,17('5()(572),1,6+6&+('8/()25&2/25 %&/*,//80,1$7('&(,/,1* 6,=(9$5,(6 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67</(&2/25(;7(5,25 $&0 $/8&2%21' $/80,180&20326,7(0(7$/3$1(/&2/25%$6$/7*5(<39')0$77( $&0 $/8&2%21'$/80,180&20326,7(0(7$/3$1(/&2/2575,&251%/$&.6030$77( 3 6+(5:,1:,//,$06 7%' 6:&<%(563$&(),1,6+)/$7 3 6+(5:,1:,//,$06 7%' 6:75,&251%/$&.),1,6+(**6+(// */$66 */$ 2/'&$67/( 5(/,$1&(&$66(77( ;6,'('%877*/$=('&857$,1:$//)5$0,1*6<67(0&2/25%/$&. */%62/$5%$1/2:(33*,168/$7('*/$66  6&$/(   54 /(9(/)) 6,7(  %2$&0)$6&,$  72$&0)$6&,$  /(9(/))  72(9%$<6 ),567)/225)281'$7,213/$1 6(&21')/225)5$0,1*3/$1  522))5$0,1*3/$1  A.1 A B C D E F D.1A.2          72*5$'(      1(:5(7$,1,1*:$//26' - 5 " 72*5$'( 7+,6'5$:,1*$1'7+(%,0&$'),/()520:+,&+,7+$6%((1*(1(5$7('$5(3529,'('$6$1,167580(172)6(59,&()257+,6352-(&7 7+(6('2&80(176$5(7+(62/(3523(57<*25(($5&+,7(&76,1&$1<86(2)7+(6('2&80(176'$7$$1''(6,*16)25385326(627+(57+$17+26($662&,$7(':,7+7+,6352-(&7:,7+2877+((;35(66(':5,77(13(50,66,212)*25(($5&+,7(&76,1&,6352+,%,7(' ' 6,7((/(9$7,21  *(1(6,62)1(:3257%($&+ :(67&2$67+:<1(:3257%($&+&$   352326('6,7((/(9$7,21 )5217  6&$/(   55 /(9(/))  /(9(/))  &29(5('3$5.,1* 6(&21'/(9(/ 6+2:52205(6752206 5(6('(17,$/3523(57<$%29( ),567)/225)281'$7,213/$1 6(&21')/225)5$0,1*3/$1  522))5$0,1*3/$1  1.1 2 3 3.5 3.6 4 1.3 1.4 1.6 1.8 1 1.2 2.8 4.54.6 7+,6'5$:,1*$1'7+(%,0&$'),/()520:+,&+,7+$6%((1*(1(5$7('$5(3529,'('$6$1,167580(172)6(59,&()257+,6352-(&7 7+(6('2&80(176$5(7+(62/(3523(57<*25(($5&+,7(&76,1&$1<86(2)7+(6('2&80(176'$7$$1''(6,*16)25385326(627+(57+$17+26($662&,$7(':,7+7+,6352-(&7:,7+2877+((;35(66(':5,77(13(50,66,212)*25(($5&+,7(&76,1&,6352+,%,7(' '352326('6,7(6(&7,216  *(1(6,62)1(:3257%($&+ :(67&2$67+:<1(:3257%($&+&$   6,7(6(&7,21 56 Attachment No. ZA 6 Tentative Parcel Map 57 WEST COAST HIGHWAY X MTE EC 8 10 11 12 10 11 10.54FS 26 2422 181614 20 28 38363432 40 30 4846 50 4442 565452 58 6260 64 66 4442 38363432 28 26 24 22 18 16 14 40 30 20 32 2826 2422 18 16 30 20 28 343230 36 1820 2422 26 30 28 32 16 16 14 14 14 14 12 12 12 12 12 1212 12 10 10 MWS EV VANACCESS VAN ACCESSIBLE PROPOSEDBUILDING11.25FF9.75PAD COVERED PARKINGGARAGE11.25FF9.75PAD PROPOSEDBUILDING11.25FF9.75PAD 17 16 12 12 13 15 12 15 14 12 12 181920 13 13 14 151617181920 17 14 14 13 201918 1416 13 12 14 17 16 15 13 11 11 11 11 11 11 11 11 10.24TC9.74FL9.87FS MATCH(10.92FS)MATCH(10.35FS)MATCH(10.58FS)MATCH(10.99FS)MATCH(10.27FS)MATCH(10.16FS)MATCH(10.03FS)MATCH(9.83FS)MATCH(9.98FS) MATCH(10.57TC)(10.07FL)(10.20FS) 10.57FS10.68FS 10.62FS 11.30FS 11.34FS0" CF 11.28FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FSDOOR11.25FF11.23FSDOOR11.25FF11.23FSDOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS DOOR11.25FF11.23FS 10.61FS 11.00TG 11.04TG 11.13FS 11.13FS 11.38FS 11.12TC10.79FS 11.00TG10.67TG11.27TC10.77TG 12.80TC12.30FL12.43FS 26.00TW25.25FL-DITCH19.50FG-BW 10.81FS 10.94FS 11.03FS 11.06FS 11.63TC11.13FS-R 11.00TC10.50FS 10.67FS 10.71FS 10.75FS 11.29TC10.79FS 11.89TC11.39FS 15.88TC15.38FS 13.38TC12.88FS-GB 12.74TC12.24FS WALL H: 8.00'26.00TW25.25FL-DITCH18.00TC-BW17.50FS WALL H: 7.62'22.50TW21.75FL-DITCH14.88TC-BW14.38FS 14.08TC13.58FS 13.58TC13.08FS WALL H: 1.92'16.00TW15.25FL-DITCH14.08TC-BW13.58FS WALL H: 7.80'22.50TW21.75FL-DITCH14.70TC-BW14.20FS 14.70TC14.20FS 14.00TC13.50FS 16.10TC15.60FS WALL H: 7.73'24.50TW23.75TG-DITCH16.77TC-BW16.27FS WALL H: 7.90'24.00TW23.25FL-DITCH16.10TC-BW15.60FS 13.94TC13.44FS WALL H: 7.00'21.50TW20.75FL-DITCH14.50TC-BW14.00FS 18.00TC17.50FS 16.32TC15.82FS 16.60TC16.10FS 12.72TC12.22FS 12.66TC12.16FS 14.13TC13.63FS 13.57TC13.07FS 14.50TC14.00FS 14.88TC14.38FS 12.29TC12.79FS-GB 12.19TC11.69FL11.82FS 12.13TC11.63FL11.76FS 11.36TC10.86FS 11.42FS 11.39FS 11.08TC-FS 11.66TC11.16FS 11.73TC11.23FS DOOR11.79FF11.77FS 11.15TC10.82FS 11.25TC-FS 11.56TC11.06FS 11.49TC10.99FS 11.13FS 13.47TC12.97FS 11.48FS 11.23FS 11.57TC11.07FS 14.38TC13.88FS PROP. DROPINLET10.74TG 10.70FS 11.25FS 11.06TC10.73FS 13.72TC13.22FS 13.13TC12.63FS 10.99TC10.49FS-BOW 11.13TC10.63FS 10.55FS 11.17FS 11.10FS WALL H: 3.12'17.50TW16.75FL-DITCH14.38TC-BW13.88FS WALL H: 1.28'15.00TW14.25FL-DITCH13.72TC-BW13.22FS WALL H: 0.00'14.50TW13.25TG-DITCH14.50FG-BW MATCH(10.02FS)MATCH(10.09FS)MATCH(9.59FS)MATCH(9.89FS) MATCH(9.80FS)MATCH(10.73FS)MATCH(11.24FS)MATCH(11.47FS) MATCH(11.47FS) MATCH(13.00TC)(12.54FL)MATCH12.67TC12.17FL(12.34FS) 10.55FS10.68FS 9.93LIP9.89FL10.02FS10.40TC9.90FL10.03FS 9.86LIP9.82FL9.95FS 9.80LIP9.76FL9.89FS10.46TC9.96FL10.09FS 10.55TC10.05FL10.18FS 9.65TC9.15FL9.28FS10.12TC9.62FL9.75FS 9.82TC9.32FL9.45FS 9.99TC9.49FL9.62FS 10.15TC9.65FL9.78FS 10.32TC9.82FL9.95FS 10.46TC9.96FL10.09FS 10.51TC10.01FL10.14FS10.06LIP10.02FL10.15FS 10.11LIP10.07FL10.20FS 10.12LIP10.08FL10.21FS 10.58TC10.08FL10.21FS 11.26FS 11.09TC10.59FL10.72FS10.63LIP10.59FL10.72FS 10.78TC10.28FL10.41FS 10.88TC10.38FL10.51FS 10.99TC10.49FL10.62FS 10.68LIP10.64FL10.77FS 11.14TC10.64FL10.77FS 11.40TC10.90FL11.03FS 11.28TC10.78FL10.91FS 11.50TC11.00FL11.13FS 11.75TC11.25FL11.38FS11.37LIP11.33FL11.46FS 11.79LIP11.75FL11.88FS12.33LIP11.83FL11.96FS 10.87TC10.37FS 10.40TC9.90FS 10.65LIP10.61FL10.84FS (11.39TC)(10.89FS) 11.21TC10.71FS 10.57TC10.07FS 10.74TC10.24FS 10.91TC10.41FS 10.96TC10.46FS-CC 10.86TC10.36FS-CC 11.17TC10.67FS-BOW10.17TG 11.06TC10.72FS 13.28TC12.78FS-GB 11.47TC10.97FL-CC11.10FS 11.15TC10.65TG11.28TC10.78TG 11.43TC10.93FS 10.72FS 11.04TC10.74FS 12.51FS12.17FS (12.77TC)(12.27FS)(13.11TC)(12.61FS) MATCH(13.21FS) 12.21TC11.71FS12.00TC11.50FS 10.94TC-FS 2.0 % 2.0 % 7.6% 9.5% 1.0% 1.0% 1.0% 1.0% 1.0% 2.0%2.0% 2.0% 1.8% 10.0 % 10. 0 % 0.7%0.7%0.7%0.7% 12.0 % 3.8%1.4%3.8% 2.0%2.0% 0.7% 5.0% 4.0 %4.0%4.0 % 4.0 % 4.0%4.0%3.2 % 0.5%0.5% 1.8%MAX 1.8%MAX1.8%MAX 2.0%2.0 % 1.2% 0.5%0.5% 1.8%1.4%1.8%1.8% 1.0% 1.0% 0.5% 1.1% 1.0 % 0.5% 0.5%0.5% 2.0%2.2%0.8% 1.0% 4.5% 1.0% 0.5% 2.4% 2.8% 3.9% 2.0%2.0%2.0%2.0%2.0%2.0%2.0 % 2.0 % 2.0 % 6.0% 8.1% 6.9 % 5.5 % 2.0% 2.0 % 2.0 % 2.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0% 4.7% 7.8% 10.0 % 6.5 % 6.2 % 8.0 % 2.0%2.0%2.0% 2.0 % 9.8%2.0 % 0.5% 1.0% 4.1% 4.1% 3.9 % 5.5 % 4.2 % 3.5% 4.0% 38.00TW(37.50FS)36.00TG-DITCH11.25FFE 25.75TW(25.25FS)23.75TG-DITCH11.25FFE 36.25TW(35.75FS)34.25FL11.25FFE 22.75TW(22.25FS)20.75TG-DITCH11.25FFE 22.75TW(22.25FS)20.75FL11.25FFE 32.75TW(32.25FS)30.75FL11.25FFE 16.18FS(15.68FS-E)11.09FS-W 15.50FS(14.50FS-E)11.05FS-W LIMITS OFCALTRANS W.COAST HIGHWAYWIDENING (TYP.) N01 ° 4 7 ' 5 5 " W 1 3 3 . 5 2 ' S88°12'05"W 550.03 S01° 4 7 ' 5 5 " E 1 3 8 . 1 0 ' N88°58'28"E 550.08 50 . 0 ' 38. 0 ' 12. 0 0 DE D I C A T I O N 12. 0 0 DE D I C A T I O N 12. 0 0 DE D I C A T I O N 12. 0 0 DE D I C A T I O N 12. 0 0 DE D I C A T I O N EXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINEEXISTING PROPERTY LINE PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE PROPOSED PROPERTY LINE TENTATIVE PARCEL MAP NO. _________ ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLWWS: LOTS 7 TO 17, INCLUSNE, OF TRACT NO. 1210, IN THE CITY OF NEWPORTBEACH,AS SHOWN ON AMAP RECORDED IN BOOK40 AT PAGES 45 ANID 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH SHOWN BELOW BUT WITH NO RIGHT OF SURFACE ENTRY, DEPTH 500 FEET, AS PROVIDED IN DEED RECORDED JUNE 2, 1969 IN BOOK 8974 AT PAGE 265 OF OFFICIAL RECORDS.APN: 049-280-86 (400 WEST COAST HIGHWAY) IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BENCHMARK:SUBDIVIDER PREPARED BY: COMMERCIAL DEVELOPMENT RESOURCES695 TOWN CENTER DRIVE #110COSTA MESA, CA 92626949-610-8997 LEGEND (XXX) RECORD DISTANCE PER CITY OF NEWPORT BEACHTRAC, NO. 1210, LOTS 7 TO 17. PROPOSED BUILDING LINE EXISTING BUILDING LINE CL CENTERLINE CONC CONCRETE FF FINISH FLOOR FG FINISH GRADE FL FLOWLINE FS FINISHED SURFACE TC TOP OF CURB RECORD OWNER US AUTO TRUST - MR. MATT KAISER10250 CONSTELLATION BOULEVARD, SUITE 2850LOS ANGELES, CA 90067 THE BENCHMARK FOR THIS SURVEY IS A ORANGE COUNTY BM#3K-24A-82. DESCRIPTION: DESCRIBEDBY OCS 2002 - FOUND 3 34" OCS ALUMINUM BENCHMARK DISK STAMPED "3K-24A-82", SET IN THE TOPOF A CONCRETE BRIDGE DECK. MONUMENT IS LOCATED IN THE SOUTHWEST CORNER OF THEINTERSECTION OF PACIFIC COAST HIGHWAY AND NEWPORT BAY CROSSING, 42 FT. SOUTHERLY OFTHE CENTERLINE OF PCH AND 37 FT. EASTERLY OF THE WEST END OF THE SOUTHERN GUARD RAILALONG BRIDGE. MONUMENT IS SET LEVEL WITH THE SIDEWALK.ELEVATION: 19.353 DATUM: NAVD88 (LEVELED IN 2015) US AUTO TRUST - MR. MATT KAISER10250 CONSTELLATION BOULEVARD, SUITE 2850LOS ANGELES, CA 90067 SC A L E : 1 ' = 5 ' EASEMENTS TERMS, CONDITIONS, STIPULATIONS ANDEASEMENT(S) FOR PERPETUAL AIR ORFLIGHT EASEMENT, SOMETIMES REFERREDTO AS AVIGATION RIGHTS IN FAVOR OF THECOUNTY OF ORANGE RECORDED MARCH 17,1964 IN BOOK 6995 AT PAGE 721 OF OFFICIALRECORDS. THIS ITEM AFFECTS THE SUBJECTPROPERTY. IT IS BLANKET IN NATURE ANDNOT PLOTTED HEREON. COVENANTS AND RESTRICTION(S) ASCONTAINED IN THE DEED RECORDED JUNE2, 1969 IN BOOK 8974 AT PAGE 265 OFOFFICIAL RECORDS. THIS ITEM AFFECTS THESUBJECT PROPERTY BUT IS BLANKET INNATURE AND IS NOT PLOTTED HEREON. TERMS, CONDITIONS AND STIPULATIONS ASSET FORTH IN THE "GRANT OFENCROACHMENT EASEMENT" RECORDEDJULY 2, 2012 AS INSTRUMENT NO.2012000376353 OF OFFICIAL RECORDS. THISTEM BENEFITS THE SUBJECT PROPERTY ANDIS PLOTTED HEREON. THE TERMS AND CONDITIONS OF THE LEASEREFERRED TO IN SCHEDULE A, PARAGRAPHN0. 2, A MEMORANDUM OF LEASE OF WHICHWAS RECORDED SEPTEMBER 4, 2018 ASINSTRUMENT NO. 2018000323131. THIS TEMAFFECTS THE SUBJECT PROPERTY BUT ISBLANKET IN NATURE AND IS NOT PLOTTEDHEREON. EASEMENT FOR THE INSTALLATION, USE ANDMAINTENANCE OF TELECOMMUNICATIONSFACILITIES, IN FAVOR OF THE PACIFICTELEPHONE AND TELEGRAPH COMPANY,ALONG THE NORTHERLY FIVE (5) FEET OFTHE LAND, AS SET FORTH IN THE GRANT OFEASEMENT RECORDED SEPTEMBER 29, 1949IN BOOK 1909 AT PAGE 515. THIS ITEMAFFECTS THE SUBJECT PROPERTY AND ISPLOTTED HEREON. EASEMENT FOR THE INSTALLATION, USE ANDMAINTENANCE OF FACILITIES FOR THETRANSMISSION AND DISTRIBUTION OFELECTRICAL ENERGY, IN FAVOR OF THESOUTHERN CALIFORNIA EDISON COMPANY,ALONG THE NORTHERLY FIVE (5) FEET OFTHE LAND, AS SET FORTH IN THE GRANT OFEASEMENT RECORDED IN BOOK 2251 ATPAGE 319. THIS ITEM AFFECTS THE SUBJECTPROPERTY AND IS PLOTTED HEREON. THE EFFECT OF AN "OFFER OF DEDICATIONFOR STREET, HIGHWAY AND UTILITIESPURPOSES: RECORDED FEBRUARY 28, 2013AS INSTRUMENT NO. 2147483647. THIS ITEMAFFECTS THE SUBJECT PROPERTY AND ISPLOTTED HEREON. THE EFFECT OF RECORDED OF SURVEY NO.2013-1124, RECORDED IN RECORD OFSURVEY BOOK 270 AT PAGE 21. THIS ITEMAFFECTS THE SUBJECT PROPERTY BUT ISBLANKET IN NATURE AND IS NOT PLOTTEDHEREON. 58 1 From:JULIE WILSON <wilsonbay@mac.com> Sent:January 23, 2024 10:10 AM To:CDD Subject:Proposed Auto Dealership We are adamantly opposed to the prospect of a massive, noisy and busy auto dealership across from and below longstanding residences. A project of similar use and scale was proposed in 2016 and DENIED. We respectfully request this project be DENIED as well. It’s not a fit for Mariners Mile and this location. Sincerely, Julie and Justin Wilson 2571 Bayshore Dr. NB, 92663 Sent from Julie's iPhone Zoning Administrator - FEBRUARY 1, 2024 Item No. 1a Additional Materials Received at January 25, 2024 Meeting Genesis Automobile (PA2023-0094) 1 From:gdemsher@aol.com Sent:January 24, 2024 9:31 AM To:CDD Subject:Proposed Development on PCH/Genesis Dealership Hello, I am a current resident in the Bayshores Community with a home that backs up to PCH. We have major concerns with the proposed development on PCH and how it will affect the noise levels, congestion on PCH and safety near our neighborhood. I would like answers to the following questions: -If accepted what would be the hours of operation for these businesses? -How many employees would be working at these businesses and where would they park? Is there a parking structure being built? -If the Genesis dealership is approved where will test drives take place? PCH? -Is there a light being installed for cars to enter the businesses? Currently most people heading south on PCH do a U turn in the middle of the street, which is illegal and causes numerous accidents. -If a Fast food establishment is part of the development where will the overflow guest go that are in line? Currently for McDonalds and Taco Bell they back up on PCH causing major traffic issues and hazards. Thank you. Gayle Demsher gdemsher@aol.com Zoning Administrator - FEBRUARY 1, 2024 Item No. 1a Additional Materials Received at January 25, 2024 Meeting Genesis Automobile (PA2023-0094) 1 From:Mike Kerr <mike@terranet.global> Sent:January 25, 2024 4:00 PM To:CDD Subject:proposed autodealership on PCH If I am not too late, I would like to express my opposition to the proposed automobile dealership on PCH near Dover.   I believe a project of this magnitude is incompatible with the existing residential communities above and below the site.  A car dealership would add noise, pollution and traffic to our neighborhood.  This area should be maintained for local and visitor serving retail.  The proposed project was proposed and withdrawn in 2016, in the face of neighborhood opposition. The situation has  not changed. It wasn't suitable then, and it isn't suitable now.  Thank you.  Mike Kerr  2762 Circle Drive, NB  Zoning Administrator - FEBRUARY 1, 2024 Item No. 1a Additional Materials Received at January 25, 2024 Meeting Genesis Automobile (PA2023-0094) 1 From:Tran, Jenny Sent:January 31, 2024 10:58 AM To:Maryam Parman Cc:Mark Anelli Subject:RE: Genisis Project Hi Maryam,   Thank you for your email, this will be included as an addiƟonal material item for consideraƟon.   The project is exempt from CEQA per Class 32 and Class 1. Full analysis of the CEQA exempƟon can be found in the DraŌ  ResoluƟon which is an aƩachment in the Staff Report. This can be accessed here by clicking on the link for “Item No. 2  Staff Report.”  The Zoning Administrator Hearing does not have an in‐person hearing. It is only available through Zoom and you can  register at the link here.   Regards,  Jenny Tran Assistant Planner Community Development Department Office: 949-644-3212 100 Civic Center Drive Newport Beach, CA 92660 From: Maryam Parman <mparman@avreklaw.com>   Sent: January 31, 2024 10:49 AM  To: Tran, Jenny <jtran@newportbeachca.gov>  Cc: Mark Anelli <mjm4jc@gmail.com>  Subject: Genisis Project  Good morning, Ms. Tran I would like object to this project based on traffic, lithium baƩeries, environmental issues,  noise, construcƟon, and I believe there has been no oversight.  What is the status with CEQA?  These are general  objecƟons.  I would like this email to be permanent record as to my objecƟons (more to follow) and on behalf of my neighbors and  myself.  A zoom meeƟng is opƟonal as I understand.  Please let me know where I can appear in person regarding this project as a  resident, on behalf of my neighbors and as an aƩorney.  Zoning Administrator - FEBRUARY 1, 2024 Item No. 1b Additional Materials Received Genesis Automobile (PA2023-0094) 2 My community has many concerns about this project, and I would like us to be heard.  Please confirm receipt of this email.  Thank you,  Integrity. Passion. Accountability. Results.  Maryam Parman Managing Attorney p: 949.313.3545 e: mparman@avreklaw.com a: 2350 SE Bristol Street, Newport Beach, CA 92660 w: avrek.com | superwomansuperlawyer.com Zoning Administrator - FEBRUARY 1, 2024 Item No. 1b Additional Materials Received Genesis Automobile (PA2023-0094) 1 From:Tran, Jenny Sent:January 31, 2024 6:43 PM To:Maryam Parman Cc:Mark Anelli; ftran@veeza.com Subject:RE: Genisis Project- Urgent Hi Maryam,   Thank you for your email. I have received it and it will be included as an addiƟonal material for consideraƟon.   Regards,   Jenny Tran Assistant Planner Community Development Department Office: 949-644-3212 100 Civic Center Drive Newport Beach, CA 92660 From: Maryam Parman <mparman@avreklaw.com>   Sent: January 31, 2024 6:39 PM  To: Tran, Jenny <jtran@newportbeachca.gov>  Cc: Mark Anelli <mjm4jc@gmail.com>; ftran@veeza.com  Subject: RE: Genisis Project‐ Urgent  Dear Ms. Tran:  1.Regardless of your claimed CEQA exempƟon, the project will create addiƟonal and unreasonable traffic, greenhouse gas emissions, temporary and permanent noise, potenƟal hazardous environmental (contaminaƟon) concerns, dust, and vibraƟons during construcƟon. 2.The above issues will be actual impacts, not just a reasonable argument that the project may create impacts, which is the threshold determinaƟon regarding an elevated CEQA review. 3.The project does not fall squarely within CEQA exempƟons idenƟfied by the City of Newport Beach. 4.The approval requires more than just a staff decision as there are discreƟonary acƟons that should brought before the planning commission and/or City Council. 5.Not allowing in‐person objecƟons violates my due process rights.  That includes violaƟng my neighbors’’ due process rights as well and the whole community on Kings Road and Kings Place. Zoning Administrator - FEBRUARY 1, 2024 Item No. 1c Additional Materials Received AFTER DEADLINE Genesis Automobile (PA2023-0094) As previously requested, this email shall be considered permanent record.  Please acknowledge receipt of this email.  Thank you,  Integrity. Passion. Accountability. Results.  Maryam Parman Managing Attorney p: 949.313.3545 e: mparman@avreklaw.com a: 2350 SE Bristol Street, Newport Beach, CA 92660 w: avrek.com | superwomansuperlawyer.com PRIVILEGED/CONFIDENTIAL COMMUNICATION: This email and all attachments are intended SOLELY for the recipients as identified in the "To," "CC" and "BCC" lines of this email. If you are not one of the identified intended recipients, your receipt of this email and its attachments is the result of an inadvertent disclosure or unauthorized transmittal. If you are not one of the identified intended recipients, any dissemination, distribution, storing, sharing, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone and destroy all copies of this message. No waiver of any privilege or work product protection is intended by the accidental distribution ordisclosure of this message. NOTICE: NO DUTIES ARE ASSUMED, INTENDED, OR CREATED BY THIS COMMUNICATION. If you have not executed a fee contract, this firm does NOT represent you as your attorney. You are encouraged to retain counsel of your choice, if you desire to do so. Zoning Administrator - FEBRUARY 1, 2024 Item No. 1c Additional Materials Received AFTER DEADLINE Genesis Automobile (PA2023-0094) 1 From:Tran, Jenny Sent:February 01, 2024 8:17 AM To:Mark Anelli; Mparman@avreklaw.com Cc:Leon, Jasmine; Martinez, Savannah; Zdeba, Benjamin; Shawna Schaffner; Murillo, Jaime; Sommers, Brad Subject:RE: 400 West Coast Highway Hi Mark and Jill, Thank you for your email. As this was received after the deadline it will not published until after the hearing. However, it will be included for consideration. Regards, Jenny Tran Assistant Planner Community Development Department Office: 949-644-3212 100 Civic Center Drive Newport Beach, CA 92660 -----Original Message----- From: Mark Anelli <mjm4jc@gmail.com> Sent: January 31, 2024 10:59 PM To: Tran, Jenny <jtran@newportbeachca.gov>; Mparman@avreklaw.com Subject: 400 West Coast Highway [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Ms. Tran, We would like to express concerns and objections regarding the proposed project “400 West Coast Highway - Genesis Project”. It was brought to our attention that various neighbors were not notified of this project. They are within a close proximity to our home and should be made aware of this project. We strongly feel it is a right & necessity for all neighbors within Kings Road & Kings Place to be notified. Allowing all to have an ability to voice their concerns & ask questions. After reviewing the plans, we had several concerns such as: traffic congestion, noise from service center/parking, safety, setback request, environmental & other negative impacts on our neighborhood. We met with Ms. Schaffner via zoom to discuss some of our concerns/ask questions. We reviewed five different plans. None of which included a traffic plan to address increased congestion and noise. No plans showed what the actual “parking structure” will Zoning Administrator - FEBRUARY 1, 2024 Item No. 1d Additional Materials Received AFTER DEADLINE Genesis Automobile (PA2023-0094) 2 look like. Ms. Schaffner informed us that it will be enclosed with walls & have a roof but, is not a traditional parking structure. Have plans been submitted regarding this “parking structure”? It would be helpful to see a rendering of it, traffic flow in parking onto/from PCH from Dover to Balboa Bay Club. Around noon today, almost directly below our property/ in front of this proposed development was a car accident. The sound of a crash unfortunately is not an uncommon occurrence. This event really made us pause and solidified our traffic & safety concerns. The amount of cars that would increase as a result of this project would complicate an already congested roadway. For example and not limited to: the exiting and entering driveways, changing lanes and speeding all contribute to congestion. It would only get worse given that this project will be a main service center and is proposing 80 parking spaces. We feel this project would increase the traffic flow, congestion & noise. It would without a doubt negatively impact our neighborhood. Not to mention, potentially increase as a hazardous area for drivers, bikers & pedestrians. As you know- after the intersection at Dover & PCH it merges from three to two lanes abruptly. It is an extremely high traffic area. We have not seen any traffic flow plans, proposed changes regarding this project. This project will be very close to where these lanes merge. How can this really be addressed? As a result of an already extremely congested road during rush hour- many cars “cut off” PCH by way of Dover/Cliff and then, Riverside back onto PCH. This cuts off several stoplights. These cars speed thru our neighborhood, don’t obey the road signs and often times not adhering to stop signs. We can’t help but think this project will only divert more traffic thru our neighborhood. That is exactly a problem we don’t want contributed to. It would be unreasonable for us to not OBJECT this project without knowing more information regarding the traffic & safety plan for PCH. In addition, environmental impacts, noise. We love where we live. We are so blessed to live in this beautiful neighborhood with wonderful neighbors. We want to ensure we protect this neighborhood for many years to come. We hope our concerns & reasons will encourage the planning committee to take a pause. It is our intention that you will rethink 400 West Coast Highway and truly question if this is the right project for this space. Thank you, Mark & Jill Anelli Zoning Administrator - FEBRUARY 1, 2024 Item No. 1d Additional Materials Received AFTER DEADLINE Genesis Automobile (PA2023-0094)