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HomeMy WebLinkAbout2.0_76 Station Expansion_PA2017-067�EWPpRT p� e CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT ra January 18, 2018 C'9C,F00.N�P Agenda Item No. 2 SUBJECT: 76 Station Expansion (PA2017-067) SITE LOCATION: 1461 Superior Avenue Conditional Use Permit No. UP2017-007 APPLICANT: Western States Engineering, Inc. OWNER: Kokda Oil, Inc. PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY On November 9, 2017, the Planning Commission conducted a public hearing on the proposed conditional use permit to allow the expansion of an existing 648 -square -foot single -story convenience store. The request includes the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control (ABC) License, an increase in hours of operation, and a modification to the landscaping requirements. The expansion included a 1,695 -square -foot first floor addition and 2,219 square -foot second floor addition. The total convenience store area would be 4,562 square feet. The requested hours of operation were 24 hours daily. If approved, this Conditional Use Permit would supersede the existing use permit that governs the site (Use Permit No. UP3566). During the public hearing, the Commission expressed concerns with the project height, size of the second story, the visual impacts of the rear elevation to the adjacent residential property, lighting impacts on adjacent residential properties, and hours of operation. At the conclusion of the hearing, the Planning Commission continued the item for the applicant to consider the following: 1. Provide existing and proposed lighting photometric study. 2. Decrease the height of the structure to promote compatibility with adjacent uses. 3. Decrease the size of or eliminate the proposed second story. 4. Provide a rear elevation of the proposed structure. 5. Decrease hours of operation. RECOMMENDATION 1) Conduct a public hearing, and if the applicant's proposed changes to the project address Commission concerns and the Commission is able to make all of the required findings; 1 9 76 Station Expansion Planning Commission, January 18, 2018 Page 2 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2018-001 approving Conditional Use Permit No. UP2017- 007 (Attachment No. PC 1). DISCUSSION In response to Planning Commissioners' comments at the November 9, 2017, public hearing (full staff report included as Attachment No. PC 2), the applicant has made revisions to the project and provided additional materials, detailed below. 1. Updated photometric study, including existing conditions (Attachment No. PC 8). The photometric plan shows a decrease in light spillover to all adjacent properties and in increase in brightness at the fueling canopy. This is accomplished with more efficient lighting and better shielding. 2. Decreased building height. The revised building is 24 feet to its highest point. The proposed building was originally 32 feet in height. 3. Decreased gross floor area. The applicant has decreased the overall size of the proposal by 606 square feet. The revised proposal includes a 1,695 -square -foot first floor addition and 1,613-squre-foot second floor addition for a total 3,956 - square -foot convenience store, private office, and storage area. The original proposal was for a gross floor area of 4,562 square feet, which included a larger second story addition of 2,219 square feet. 4. Additional elevations and renderings. The updated plans are included in Attachment No. PC 9. 5. Decreased hours of operation. The proposed hours of operation for the service station and convenience store have been modified to be 6 a.m. to 12 a.m., consistent with Use Permit No. UP3566. Staff has updated Table 1 (Service Station Design and Development Standards) (Attachment No. PC 3) consistent with the project revisions. Alcohol License and Car Wash Hours of Operation The applicant has not revised the request for a Type 20 ABC license or hours of operation of the car wash. The hours of operation of the car wash are 8 a.m. to 6 p.m. daily. 3 76 Station Expansion Planning Commission, January 18, 2018 Page 3 Service Station Development and Landscaping Standards The applicant has not revised the proposed landscaping, and requests modifications from the following four landscape standards: 1. Minimum 150 square feet of landscape area at the street corner; 2. Minimum 5 -foot -wide planning area along interior property lines; 3. Minimum 30 percent of required landscaping within 20 feet of front property lines; and 4. Quantity of landscaping adjacent to Placentia Avenue. Staff supports approval of the proposed landscape modifications due to the unique shape of the lot and the necessity of the existing three driveways to maintain adequate circulation onsite and truck access for fuel delivery. Correspondence At the time of staff report printing, staff has received three correspondence letters in opposition of the proposed application since the November 9, 2017, Planning Commission meeting. The letters raised concerns with alcohol sales, hours of operation, and the size of the expansion. These letters are provided as Attachment No. PC 7. Alternatives The Planning Commission may suggest specific project modification or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 5). Environmental Review The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant impact on the environment. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA guidelines. 0 76 Station Expansion Planning Commission, January 18, 2018 Page 4 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: /% (%I"'t-C Chelsea Crager, Assistant Planner ATTACHMENTS Submitted by: J��4� Jim Campbell Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 November 7, 2017 Staff Report Including Attachments PC 3 Table 1 (Service Station Design and Development Standards) PC 4 Table 2 (Landscaping Standards) PC 5 Draft Resolution for Denial PC 6 Project Description PC 7 Correspondence Letters PC 8 Photometric Studies PC 9 Project Plans os/zein 15 N Attachment No. PC 1 Draft Resolution with Findings and Conditions 7 N RESOLUTION NO. PC2018-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING CONDITIONAL USE PERMIT UP3566 AND APPROVING CONDITIONAL USE PERMIT NO. UP2017-007 FOR A TWO- STORY ADDITION TO AN EXISTING CONVENIENCE STORE, THE INTRODUCTION OF A TYPE 20 (OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND THE MODIFICATION OF LANDSCAPE STANDARDS FOR THE PROPERTY LOCATED AT 1461 SUPERIOR AVENUE (PA2017- 067) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Western States Engineering, Inc. ("Applicant'), with respect to property located at 1461 Superior Avenue, and legally described as Parcel 1 of Lot Line Adjustment 95-10, in the City of Newport Beach, County of Orange, State of California, Recorded March 21, 1996 as Instrument No. 960137624, Official Records ("Property'), requesting approval of a conditional use permit. 2. On October 19, 1995, the Planning Commission approved Use Permit No. UP3566 ("UP3566"), which authorized Union Oil to operate a service station, convenience store, and car wash at 1461 Superior Avenue. 3. The Applicant proposes a conditional use permit to expand an existing convenience store with a 1,695 -square -foot first floor addition and 1,613 -square -foot second floor addition with some deviations from landscaping requirements. The total convenience store area will be 3,956 square feet. The existing carwash and 12 fueling dispensers are to remain unchanged. The convenience store and fueling station would operate from 6:00 a.m. to 12:00 a.m. daily. The carwash hours of operation are to remain unchanged at 8:00 a.m. to 6:00 p.m. daily. Also included in the request is the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control ("ABC') license. If approved, this Conditional Use Permit would supersede UP3566. 4. The subject Property is located within the Commercial Neighborhood ("CN") Zoning District and the General Plan Land Use Element category is Neighborhood Commercial ("CN"). 5. The subject Property is not located within the coastal zone. 6. A public hearing was held on November 9, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach 9 Planning Commission Resolution No. PC2018-001 Pape 2 of 15 Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 7. Following the conclusion of public comments, the Planning Commission continued this item to January 18, 2018 to allow staff time to work with the Applicant to modify the building's scale and size to comply with the comments received during the public hearing. 8. A public hearing was held on January 18, 2018 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exempts additions to existing structures less than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the general plan and the area in which the project is located is not environmentally sensitive. The project consists of an addition of less than 10,000 square feet with all public services and facilities available. The area is not environmentally sensitive. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), the following findings and facts in support of the findings for a use permit are set forth: Findin A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the proposed use is consistent with NBMC Section 20.48.030, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 24 (RD 24). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Tmplt: 04/14/10 10 Planning Commission Resolution No. PC2018-001 Pape 3 of 15 Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 24 was 244 crimes reported in 2016, which is higher than adjacent reporting districts RD 25, RD 16, and RD 17. Reporting Districts RD 25, RD 16, and RD 17 are predominately residential with some commercial areas. The Part One Crime rate in RD 24 is higher than the citywide average. 2. The Police Department has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 20 alcoholic beverage license subject to appropriate conditions of approval. Conditions of approval include a closing hour of 12 a.m. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 24 is higher than adjacent reporting districts RD 25, RD16, and RD 17. Adjacent reporting districts are comprised of primarily residential properties with some commercial components, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposed use and has no objection. 2. In 2016, 25 calls for service representing less than one percent of all calls for service in RD 24 have been reported at the subject property. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The establishment is directly abutting residential zoning districts and approximately 700 feet from the Hoag Hospital campus, which also operates a day care onsite. The property is not located within close proximity to any park and recreation facilities, places of worship, or schools. The establishment is to be closed by midnight and conditions are included to ensure compatibility with the surrounding uses. 2. The area is characterized primarily by residents and visitors traveling along Superior Avenue and is intended to serve these customers. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. There is not an oversaturation of alcohol licenses in Census Tract 0636.03, where the subject property is located. The only two other off -sale alcohol establishments within this census tract are 7 -Eleven, located directly across Placentia Avenue, and Minute King, located approximately 500 feet away on Placentia Avenue. 2. There are no nearby locations with on -sale alcohol licenses. Tmplt: 04/14/10 11 Planning Commission Resolution No. PC2018-001 Pape 4 of 15 v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. A service station with convenience store and car wash has operated at the subject property since 1995 with no operating issues. No objectionable conditions are presently occurring at the site and this conditional use permit as conditioned is intended to avoid future objectionable conditions related to the service of alcohol. 2. The proposed use has been reviewed and conditioned to help ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for businesses is preserved. The service of alcohol is intended for the convenience of customers living in and visiting the area. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment is to close by 12 a.m. In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The subject property has a General Plan land use designation of Neighborhood Commercial ("CN") within the General Plan. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Fuel/service stations, convenience stores, and car washing facilities are permitted uses within this land use designation with approval of a use permit. The larger convenience store, extended hours of operation, existing service station and existing car are consistent with this designation. 2. The service station development is located adjacent to Superior Avenue and Placentia Avenue. Superior Avenue provides a primary transportation route connecting with the 55 Freeway. The proposed expanded convenience store and existing service station development will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City. 3. The subject property is not part of a specific plan area. Tmplt: 04/14/10 12 Planning Commission Resolution No. PC2018-001 Paqe 5 of 15 Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Fact in Support of Finding 1. The Property is located in the Commercial Neighborhood ("CN") Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The existing service station development is located at the intersection of a primary road (Superior Avenue) and a secondary road (Placentia Avenue) and will provide services for residents of the surrounding area, employees of businesses located within the area, and visitors to the City. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The Property is located at the west corner of the intersection of Superior Avenue and Placentia Avenue. The site is abutting residential properties to the north, south and west. The Property provides a convenient location for residents and employees of the neighboring areas as well as visitors to the City traveling on Superior Avenue to purchase fuel and convenience items. Conditions of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. 2. The hours of operation of the service station and convenience store, 6:00 a.m. to 12:00 a.m., will remain the same as previously approved. The original use permit limited the hours of the car wash operation to 8 a.m. to 6 p.m. and the gas dispensing operation from 6:00 a.m. to 12:00 a.m. The car wash has been operating 8:00 a.m. to 6:00 p.m. and the service station with convenience store has been operating until 10:00 p.m. The existing uses have not proven detrimental to the neighborhood or City. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. 3. The car wash bay will continue to be located at the rear of the site behind the expanded convenience store. Adequate circulation and parking is provided for the uses. The existing car wash does not have any history of negative impacts to the site or the surrounding area. The use permit includes conditions of approval requiring that the car wash hours of operation are limited to 8:00 a.m. until 6:00 p.m. to limit noise impacts to residential neighbors. Tmplt: 04/14/10 13 Planning Commission Resolution No. PC2018-001 Pape 6 of 15 4. The Applicant has submitted a lighting plan that shows compliance with NBMC Section 20.30.070 (Outdoor Lighting) and no excessive lighting impact to residential neighbors. Finding E. 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; and Facts in Support of Finding 1. The project is located at the intersection of a primary road and a secondary road. The size of the Property (1.0 acre) complies with the standards of the Zoning Code related to minimum land area for service stations and car washing facilities. Vehicular access to the site is provided via three existing driveways, two adjacent to Superior Avenue and one adjacent to Placentia Avenue. The project is located and designed to provide adequate circulation and parking on-site for the service station, convenience market, and the car wash. 2. The subject Property is developed with the existing service station, convenience store, and car wash. There is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. 3. The improvements to the project site will comply with all City of Newport Beach Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 4. Site vehicular access has been reviewed by the Public Works Department, which determined that the three existing driveways are necessary for safe and efficient access and circulation onsite. Findin F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The existing service station, convenience store, and car wash has been in operation since 1995 pursuant to Use Permit No. 3655. The development has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential uses. Tmplt: 04/14/10 /I/ Planning Commission Resolution No. PC2018-001 Pape 7 of 15 2. The car wash is located at the rear of the site to maintain adequate circulation and parking on the site. The conditional use permit includes conditions of approval requiring that the hours of operation be limited to 8 a.m. until 6 p.m. to minimize noise impacts to nearby residents. 3. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area, which are related to the sale of alcohol from the convenience store. 4. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding residential land uses are minimized to the greatest extent possible. In accordance with NBMC Subsection 20.48.210(T)(2) (Service Stations — Modification or Waiver of Standards), the following findings and facts in support of such findings are set forth: Finding G. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section. Facts in Support of Finding 1. A landscape area of 110 square feet is located at the corner of Superior Avenue and Placentia Avenue, instead of the requirement of 150 square feet. The existing planter provides separation between driveways at the intersection without interfering with the safe circulation onsite. A larger planter would require narrowing of the access driveways, which may disrupt circulation patterns. 2. The site provides 1,448 square feet of landscaping within 20 feet of street property lines, instead of the requirement of 1,959 square feet. There is minimal site work occurring at the property as a part of this project. The site as designed provides all required parking spaces and adequate circulation onsite. Additional landscaping area within 20 feet of street property lines may affect ability to provide adequate parking and circulation onsite. 3. The site provides no trees or shrubs adjacent to Placentia Avenue where 3 trees and 9 shrubs are required. The existing driveway abutting Placentia Avenue occupies nearly the entire Placentia Avenue frontage, leaving little space for landscaping. All three existing driveways, including two abutting Superior Avenue, are necessary to ensure adequate circulation due to the irregular shape of the lot. The site provides the required number of trees and shrubs along the Superior Avenue property line and interior property lines. Finding Tmplt: 04/14/10 115 Planning Commission Resolution No. PC2018-001 Paqe 8 of 15 H. The project possesses compensating design and development features that offset impacts associated with modification or waiver of standards. Facts in Support of Finding 1. The project will enhance the appearance of the Property with updated and improved landscaping. The landscaping will provide improved screening from nearby residential properties and may mitigate noise impacts. New landscaping will comply with the requirements of the Water Efficient Landscape Ordinance ("WELO"). 2. The Property will be developed with an expanded and enhanced convenience store building. The building will be two stories (24 feet) high. The building architecture is designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. Finding 1. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. Facts in Support of Finding 1. The site plan and architectural design of the expanded convenience store and the existing service station is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The proposed improvements to the building architecture will provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building elevations reflect architecturally treated wall surfaces to prevent monotony. 2. The car wash is to remain in in its current location, which is oriented such that the opening is not visible from public streets. The new landscaping will provide an improved design element to anchor the street corner. 3. The landscaping onsite will be improved to more closely comply with Zoning Code requirements and will comply with the WELD. Irrigation will be updated to drip zone valves where possible to increase water efficiency. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit Application No. UP2017-007, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. Tmplt: 04/14/10 10 Planning Commission Resolution No. PC2018-001 Pape 9 of 15 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. 3. This resolution supersedes Use Permit No. UP3566 as approved by the Planning Commission on October 19, 1995, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN: ABSENT: BY: M Peter Koetting, Chairman Erik Weigand, Secretary Tmplt: 04/14/10 27 Planning Commission Resolution No. PC2018-001 Pape 10 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL Project -Specific Conditions in Italics PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. The Planning Commission shall review this Conditional Use Permit within one year of the implementation of UP2017-007. 4. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the added floor area in accordance with NBMC Chapter 15.38. 6. This Use Permit may be modified or revoked by the City Council or the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 9. All exits shall remain free of obstructions and available for ingress and egress at all times. 10.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 Tmplt: 04/14/10 2g Planning Commission Resolution No. PC2018-001 Pape 11 of 15 media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. 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 NBMC Title 20 Planning and Zoning. 12. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 13. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with NBMC Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low-level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. 14. New signs or changes to existing signs shall comply with sign regulations required in NBMC Subsection 20.42.080(K)(3) (Service Station Signs), as well as City Standard 110-L to ensure adequate sight distance. 15. The project shall comply with NBMC Chapter 14.17 (Water Efficient Landscaping). The Planning and Building Divisions shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. 16. All landscape materials, landscaped areas, and irrigation systems shall be installed and 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. 17. Prior to the final of building permits, the Applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 18. Mature landscaping along borders shall consist of 40 -inch box trees with a minimum 15 - foot height. 19. The existing fuel tank vents (EVR) shall be screened and painted to blend in with the landscaping and existing property line wall. 20. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 21. The Applicant shall post and maintain a professional quality sign facing the premise's parking lot reminding patrons to be respectful of residential neighbors. Tmplt: 04/14/10 29 Planning Commission Resolution No. PC2018-001 Pape 12 of 15 22. Car wash attendants shall not use car horns or any amplified sound to signal customers that their car is ready. 23. Hours of operations for the car wash shall be limited to 8:00 a.m. until 6:00 p.m. daily. The hours of operation of the service station and convenience market shall be limited to 6:00 a.m. to 12:00 a.m. daily. The hours of gas delivery shall be limited to 7:00 a.m. to 8:00 p.m. 24. Fueling stations shall be silent after 10:00 p.m., including the silencing of buttons and the prohibition of gas pump TV/LED advertising. 25. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 6:00 p.m.). 26. The subject car wash facility shall be operated as an integral part of the gasoline station as a single business entity, and any change in the status to create two independent operations shall be subject to an amendment to the use permit. 27. The outdoor storage of auto related parts of merchandise shall be prohibited on-site. 28. All employees shall park on-site at all times. 29.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 76 Station Expansion including, but not limited to, Conditional Use Permit No. UP2017-007 (PA2017-067). 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 30. Charging stations will need to comply with National Electrical Code 625.5. All electrical material, devices, fittings, and associated equipment shall be listed or labeled. Manufactures installation specifications, which include model number, listings for car charging equipment shall be included within the plan review. Tmplt: 04/14/10 20 Planning Commission Resolution No. PC2018-001 Pape 13 of 15 31. Required fire flow needs to be determined. Consult Newport Beach Fire Department Guideline B.01 for determination of required fire flow. 32. Emergency access is indicated passing under the overhead canopy, which has a vertical height of 13 feet. California Fire Code ("CFC") Section 503.2.1 requires fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 33. Newport Beach Amendment 903.2 requires fire sprinklers to be provided throughout in existing buildings when any of the following conditions exists: a. When an addition is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet. b. When an additional story is added above the second floor regardless of fire areas or allowable area. c. When an addition is added and the existing building is already provided with an automatic fire sprinkler system 34.As per CFC Sec. 903.1.1. NFPA 13 sprinkler systems, where required to have fire sprinklers installed throughout, sprinklers shall be installed throughout in accordance with NFPA 13. Throughout would include the car wash unless the car wash is separated by a firewall from the convenience store. 35. California Building Code ("CBC') Section 706.1 each portion of a building separated by one or more firewalls that comply with the provisions of this section shall be considered separate buildings. Consult Table 706.4 for required firewall fire -resistance ratings between occupancies. 36. Number of exits for first and second floor must be provided per CFC Sec. 1006.3.1 or 1006.3.2. Per CFC Sec. 1006.3.2(2), the second floor will be required to have a second exit if one of the following exists: a. Occupant load of more than 29 persons b. Common path of egress travel distance exceeds 75 feet 37. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage -dispensing applications located in doors, room or areas where a leak of carbon dioxide can collect shall be provide with either ventilation in accordance with CFC Section 5307.5.1 or an emergency alarm system in accordance with CFC Section 5307.5.2. 38.CFC Sec. 5307.5.1 mechanical ventilation shall be in accordance with the California Mechanical Code and shall comply with all of the following: a. Mechanical ventilation in the room or area shall be at a rate of not less than 1 cubic foot per minute per square foot. Tmplt: 04/14/10 21 Planning Commission Resolution No. PC2018-001 Pape 14 of 15 b. Exhaust shall be taken from a point within 12 inches of the floor. c. The ventilation system shall be designed to operate at a negative pressure in relation to the surrounding area 39. CFC Sec. 5307.5.2 an emergency alarm system shall comply with all of the following: a. Continuous gas detection shall be provide to monitor areas where carbon dioxide can accumulate. b. The threshold for activation of an alarm shall not exceed 5,000 parts per million. 40. CFC Sec. 5307.4 carbon dioxide systems shall be installed so the storage tanks, cylinders, piping and fittings are protected from damage by occupants or equipment during normal facility operations. PUBLIC WORKS DEPARTMENT 41.AII improvements shall be constructed as required by Ordinance and the Public Works Department. 42. Reconstruct all damaged/broken curb, gutter, sidewalk and driveway approaches along the Superior Avenue and Placentia Avenue frontages per City Standard. 43. Upgrades to the project's water and sewer may be required. Upgrades will be addressed during the plan check process. Upgrades may include, but not be limited to, new sewer clean outs, back flow preventers and double check detectors assemblies. 44. An encroachment permit is required for all work activities within the public right of way. 45. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 46. All on-site drainage shall comply with the latest City Water Quality requirements. 47. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the property line. If the sewer lateral to be abandoned as an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 48. The existing and proposed parking layout shall comply with City Standard STD -805 -L-A and STD -805 -L -B. A 26 -feet clear driveway aisle shall be provided clear of vehicle queue areas and fueling position. 49. All driveways, including landscaping adjacent to driveways, shall comply with the City's sight distance standard STD -110-L. Tmplt: 04/14/10 22 Planning Commission Resolution No. PC2018-001 Pape 15 of 15 POLICE DEPARTMENT 50. The business shall comply with NBMC Title 20 (Zoning Code) and any other applicable provisions of the NBMC. 51.All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 52. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 53. No alcoholic beverages shall be sold between the hours of 2:00 a.m. and 6:00 a.m. 54. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 55. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 56. The Applicant shall post and maintain a professional quality signs facing the premise's parking lot that reads: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOL BEVERAGES, VIOLATORS ARE SUSPECT TO ARREST. Location of signs to be approved by the Police Department and Planning Division. 57. The operator of the facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Tmplt: 04/14/10 23 Attachment No. PC 2 November 7, 2017 Staff Report Including Attachments 25 2Q �EWPpRT o� e CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT u r+� a C'9CIF00.NP SUBJECT: 76 Station Expansion (PA2017-067) SITE LOCATION: 1461 Superior Avenue Conditional Use Permit No. UP2017-007 APPLICANT: Western States Engineering, Inc. OWNER: Kokda Oil, Inc. PLANNER: Chelsea Crager, Assistant Planner (949) 644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY November 9, 2017 Agenda Item No. 4 A conditional use permit to expand an existing 648 square -foot convenience store with a 1,668 square -foot first floor addition and 2,219 square -foot second floor addition. The total convenience store area will be 4,416 square feet. The existing carwash and 12 fueling dispensers are to remain unchanged. The applicant requests for the convenience store and fueling station to operate 24 hours daily. The carwash hours of operation are to remain unchanged at 8 a.m. to 6 p.m. daily. The applicant also requests approval for modification to the landscaping requirements. Also included in the request is the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control (ABC) License. If approved, this Conditional Use Permit would supersede Use Permit No. UP3566. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. 2071 approving Conditional Use Permit No. UP2017-007 (Attachment No. PC 1). 27 m 76 Station Expansion Planning Commission, November 9, 2017 LOCATION GENERAL PLAN ZONING CURRENT USE Neighborhood Commercial Commercial Neighborhood Service station with ONSITE (CN) (CN) convenience store and car wash NORTH Multiple -Unit Residential Multi -Unit Residential (RM) Apartments Multiple-UnitM ResidentialMulti-Unit SOUTH Residential (RM) Senior Living Apartments EAST Medical Commercial Office Office Medical (OM) Bank CO -M WEST Multiple -Unit Residential Multi -Unit Residential (RM) Apartments 76 Station Expansion Planning Commission, November 9, 2017 Page 3 Project Setting The existing service station site is 43,531 square feet (1.0 acre) and is located at the west corner of Superior Avenue and Placentia Avenue. To the north, south, and west are properties developed with residential apartments. Across Superior Avenue to the east is a Union Bank. The project site is currently developed with a 76 gas station permitted under Use Permit No. UP3566, approved in 1995. The existing service station consists of a single -bay car wash, 12 fuel pumps, and a 648square-foot convenience store. Authorized car wash hours are 8 a.m. to 6 p.m. and gas -dispensing hours are 6 a.m. to 12 a.m. A copy of the use permit is provided in attachment No. PC 3. Analysis General Plan and Zoning Code The subject property has a General Plan land use designation of Neighborhood Commercial (CN) within the General Plan. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Fuel/service stations, convenience stores, and car washing facilities are permitted uses within this land use designation with approval of a use permit. The larger convenience store, extended hours of operation, existing service station, and existing carwash are consistent with this designation. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. Pursuant to Newport Beach Municipal Code (NBMC) Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) service stations are permitted in the CN zoning district with approval of a use permit. The proposed project complies with development standards including maximum floor area ratio, height, and parking requirements. The CN Zoning District allows a maximum floor area ratio (FAR) of 0.30, or 13,059 gross square feet for this site (lot size 43,531 square feet). The maximum height permitted is 32 feet for flat roofs, which is the height of the proposed project. Parking is required a rate of 1 space per 200 square feet of convenience store gross floor area, or 23 parking spaces for this project. 76 Station Expansion Planning Commission, November 9, 2017 Page 4 Service Station Development and Landscaping Standards Specific design and development standards for service stations are also provided in NBMC Section 20.48.210 (Service Stations) of the Zoning Code. Each standard, as it relates to the proposed project, is discussed in Table 1 (Service Station Design and Development Standards) and Table 2 (Landscaping Standards) which are included in Attachment Nos. PC 4 and PC 5. The proposed project includes a modification request from four landscape standards but complies with all others. The applicant requests modifications from the following four landscape standards: 1. Minimum 150 square feet of landscape area at the street corner; 2. Minimum 5 -foot -wide planting area along interior property lines; 3. Minimum 30 percent of required landscaping within 20 feet of street property lines; and 4. Quantity of landscaping materials adjacent to Placentia Avenue. A landscape area of 110 square feet is located at the corner of Superior Avenue and Placentia Avenue, instead of the required 150 square feet. The existing planter provides separation between driveways at the intersection without interfering with the safe circulation onsite. A larger planter would require narrowing of the access driveways which may disrupt circulation patterns. The site provides 1,448 square feet of landscaping within 20 feet of street property lines, instead of the requirement of 1,959 square feet. There is minimal site work occurring at the property as a part of this project. The site as designed provides all required parking spaces and adequate circulation onsite. Additional landscaping area within 20 feet of street property lines may affect ability to provide adequate parking and circulation. The site provides no trees or shrubs adjacent to Placentia Avenue where three trees and nine shrubs are required. The existing driveway abutting Placentia Avenue occupies nearly the entire Placentia Avenue frontage, leaving little space for landscaping. All three existing driveways, including two abutting Superior Avenue, are necessary to ensure adequate circulation due to the irregular shape of the lot. The site provides the required number of trees and shrubs along the Superior Avenue property line and interior property lines. The proposed project will improve the existing building architecture and landscaping to be consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The overall design and improvements on-site will offset impacts associated with the modification of landscape standards. The new landscape will comply with the requirements of the Water Efficient Landscape Ordinance (WELD). MAI 76 Station Expansion Planning Commission, November 9, 2017 Page 5 In this case, the strict compliance with these landscape standards is not necessary to achieve a project that is harmonious with the existing and future development and protects the use and enjoyment of neighboring properties. City of Newport Beach Design Guidelines: Automobile Service Stations and Washing There are no proposed changes to the existing fuel pumps and car wash, and there are therefore minimal changes to site design. Access and circulation will be maintained with three driveways (two adjacent to Superior Avenue and one adjacent to Placentia Avenue). Signs will be subject to Zoning Code Section 20.42.080(K)(3) (Service Station Signs) and will ensure adequate sight distance. The architectural design of the expanded convenience store will be upgraded to provide an attractive appearance that is complimentary to the surrounding area. The updated elevations will incorporate architectural details that prevent monotony and will feature a stucco finish and paint in shades of white, brown, and beige. Noise The service station and convenience store are currently authorized to operate 6 a.m. to 12 a.m. by UP3566. Operationally, the convenience store closes at 10 p.m. The current car wash operating hours of 8 a.m. to 6 p.m. daily are not proposed to change. The applicant requests authorization to be open 24 hours daily for the service station and convenience store. There is no record of noise complaints, but due to the proximity to residential zoning districts, staff recommends maintaining the 12 a.m. closing hour as previously approved. A condition of approval to review the use permit in one year following the implementation of the midnight closing hour is included to reconsider effects on the residential uses. Conditions of approval to mitigate noise impacts also include silent fuel pumps after 10 p.m. and signs alerting customers to be courteous to residential neighbors (Condition Nos. 21 and 24). Alcoholic Beverage Sales — Off Site The applicant has requested approval of off-site beer and wine sales (Type 20 ABC license). Section 20.48.030 (Alcohol Sales) Newport Beach Municipal Code requires the Planning Commission to consider certain factors when making the required findings to approve the Conditional Use Permit. The Police Department has prepared an Alcohol Related Statistics report for the project site (Attachment No. PC 6). The data from the Alcohol Related Statistics Report is incorporated into the factors for consideration below. 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 76 Station Expansion Planning Commission, November 9, 2017 Page 6 a. The subject property is located in Reporting District 24 (RD 24). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 24 was 244 crimes reported in 2016, which is higher than adjacent reporting districts RD 25, RD 16, and RD 17. Reporting Districts RD 25, RD 16, and RD 17 are predominately residential with some commercial areas. The Part One Crime rate in RD 24 is higher than the Citywide average. b. The Police Department has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 20 alcoholic beverage license subject to appropriate conditions of approval. Conditions of approval include a closing hour of 12 a.m. 2. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. The total number of alcohol-related calls for service, crimes, or arrests in RD 24 is higher than adjacent reporting districts RD 25, RD16, and RD 17. Adjacent reporting districts are comprised of primarily residential properties with some commercial components, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposed use and has no objection. b. In 2016, 25 calls for service representing less than one percent of all calls for service in RD 24 have been reported at the subject property. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. a. The establishment is directly abutting residential zoning districts and approximately 700 feet from the Hoag Hospital campus. The property is not located within close proximity to any day care centers, park and recreation facilities, places of worship, or schools. The establishment is to be closed by midnight and conditions are included to ensure compatibility with the surrounding uses. b. The area is characterized primarily by residents and visitors traveling along Superior Avenue and is intended to serve these customers. 4. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. a. There is not an oversaturation of alcohol licenses in Census Tract 0636.03, where the subject property is located. The only two other off -sale alcohol 37 76 Station Expansion Planning Commission, November 9, 2017 Page 7 establishments within this census tract are 7 -Eleven, located directly across Placentia Avenue, and Minute King, located approximately 500 feet away on Placentia Avenue. b. There are no nearby locations with on -sale alcohol licenses. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. a. A service station with convenience store and car wash has operated at the subject property since 1995 with no operating issues. No objectionable conditions are presently occurring at the site and this conditional use permit as conditioned is intended to avoid future objectionable conditions related to the service of alcohol. b. The proposed use has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for businesses is preserved. The service of alcohol is intended for the convenience of customers living in and visiting the area. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. c. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment is to close by 12 a.m. Alcohol Sales Finding In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the Planning Commission must find that: 1. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Municipal Code. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Beer and wine are products that are typically found at convenience markets and will be provided for the convenience of customers using the service station. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. Conditional Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 76 Station Expansion Planning Commission, November 9, 2017 Page 8 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes that sufficient facts exist in support of each finding. The service station, convenience store including alcohol sales and car wash are consistent with the Neighborhood Commercial General Plan Land Use Designation and Commercial Neighborhood Zoning District in that they will provide a service to the surrounding residents and employees of area businesses. The area is not oversaturated with alcohol licenses and the majority of arrests in the area are not alcohol related. Conditions of approval are included to ensure compatibility with the adjacent residential uses, including a one-year review to reconsider the hours of operation. As conditioned, the service station and convenience store would close by 12 a.m. Alternatives The Planning Commission may suggest specific project modification or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2) Environmental Review The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant impact on the environment. 76 Station Expansion Planning Commission, November 9, 2017 Page 9 If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA guidelines. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: " �x404�'t _M4 - Chelsea Crager, As tant Planner Seimone Jurjis, P C Community Devet6pment Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Use Permit No UP3566 PC 4 Table 1 (Service Station Design and Development Standards) PC 5 Table 2 (Landscaping Standards) PC 6 Police Department Memorandum PC 7 Project Description PC 8 Project Plans 09/21/» .A Attachment No. PC 1 Draft Resolution with Findings and Conditions a7 m RESOLUTION NO. 2071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA SUPERSEDING CONDITIONAL USE PERMIT UP3566 AND APPROVING CONDITIONAL USE PERMIT NO. UP2017-007 FOR A TWO- STORY ADDITION TO AN EXISTING CONVENIENCE STORE, THE INTRODUCTION OF A TYPE 20 (OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND THE MODIFICATION OF LANDSCAPE STANDARDS FOR THE PROPERTY LOCATED AT 1461 SUPERIOR AVENUE (PA2017- 067) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Western States Engineering, Inc. ("Applicant'), with respect to property located at 1461 Superior Avenue, and legally described as Parcel 1 of Lot Line Adjustment 95-10, in the City of Newport Beach, County of Orange, State of California, Recorded March 21, 1996 as Instrument No. 960137624, Official Records ("Property'), requesting approval of a conditional use permit. 2. On October 19, 1995, the Planning Commission approved Use Permit No. UP3566 ("UP3566"), which authorized Union Oil to operate a service station, convenience store, and car wash at 1461 Superior Avenue. 3. The Applicant proposes a conditional use permit to expand an existing convenience store with a 1,668 -square -foot first floor addition and 2,219 -square -foot second floor addition with some deviations from landscaping requirements. The total convenience store area will be 4,416 square feet. The existing carwash and 12 fueling dispensers are to remain unchanged. The convenience store and fueling station would operate from 6:00 a.m. to 12:00 a.m. daily. The carwash hours of operation are to remain unchanged at 8:00 a.m. to 6:00 p.m. daily. Also included in the request is the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control ("ABC') license. If approved, this Conditional Use Permit would supersede UP3566. 4. The subject Property is located within the Commercial Neighborhood ("CN") Zoning District and the General Plan Land Use Element category is Neighborhood Commercial ("CN"). 5. The subject Property is not located within the coastal zone. 6. A public hearing was held on November 9, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Planning Commission Resolution No. 2071 Pape 2 of 14 Municipal Code ("NBMC`). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exempts additions to existing structures less than 10,000 square feet provided that the project is in an area where all public services and facilities are available to allow for maximum development permissible in the general plan and the area in which the project is located is not environmentally sensitive. The project consists of an addition of less than 10,000 square feet with all public services and facilities available. The area is not environmentally sensitive. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030 (Alcohol Sales), the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. Alcohol sales are limited to beer and wine only and is intended for the convenience of customers using the service station. 2. The subject Property is located in Reporting District 24, which has a higher crime rate than the citywide average. However, the majority of crime was not alcohol related. 3. The project has been reviewed and conditions of approval are included to ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment for residents and businesses is preserved. 4. The City's Police Department has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 20 alcoholic beverage license subject to appropriate conditions of approval. Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 3 of 14 In accordance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The subject property has a General Plan land use designation of Neighborhood Commercial ("CN") within the General Plan. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Fuel/service stations, convenience stores, and car washing facilities are permitted uses within this land use designation with approval of a use permit. The larger convenience store, extended hours of operation, existing service station and existing car are consistent with this designation. 2. The service station development is located adjacent to Superior Avenue and Placentia Avenue. Superior Avenue provides a primary transportation route connecting with the 55 Freeway. The proposed expanded convenience store and existing service station development will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City. 3. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Fact in Support of Finding 1. The Property is located in the Commercial Neighborhood ("CN") Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The existing service station development is located at the intersection of a primary road (Superior Avenue) and a secondary road (Placentia Avenue) and will provide services for residents of the surrounding area, employees of businesses located within the area, and visitors to the City. Tmplt: 04/14/10 K&A Planning Commission Resolution No. 2071 Pape 4 of 14 Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The Property is located at the west corner of the intersection of Superior Avenue and Placentia Avenue. The site is abutting residential properties to the north, south and west. The Property provides a convenient location for residents and employees of the neighboring areas as well as visitors to the City traveling on Superior Avenue to purchase fuel and convenience items. Conditions of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. 2. The hours of operation of the service station and convenience store, 6:00 a.m. to 12:00 a.m., will remain the same as previously approved. The original use permit limited the hours of the car wash operation to 8 a.m. to 6 p.m. and the gas dispensing operation from 6:00 a.m. to 12:00 a.m. The car wash has been operating 8:00 a.m. to 6:00 p.m. and the service station with convenience store has been operating until 10:00 p.m. The existing uses have not proven detrimental to the neighborhood or City. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. 3. The car wash bay will continue to be located at the rear of the site behind the expanded convenience store. Adequate circulation and parking is provided for the uses. The existing car wash does not have any history of negative impacts to the site or the surrounding area. The use permit includes conditions of approval requiring that the car wash hours of operation are limited to 8:00 a.m. until 6:00 p.m. to limit noise impacts to residential neighbors. 4. The applicant has submitted a lighting plan that shows compliance with NBMC Section 20.30.070 (Outdoor Lighting), and no excessive lighting impact to residential neighbors. Findinci E. 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; and Facts in Support of Finding 1. The project is located at the intersection of a primary road and a secondary road. The size of the Property (1.0 acre) complies with the standards of the Zoning Code related to minimum land area for service stations and car washing facilities. Vehicular access to the site is provided via three existing driveways, two adjacent to Superior Avenue and one adjacent to Placentia Avenue. The project is located and designed to provide adequate Tmplt: 04/14/10 f Planning Commission Resolution No. 2071 Pape 5 of 14 circulation and parking on-site for the service station, convenience market, and the car wash. 2. The subject Property is developed with the existing service station, convenience store, and car wash. There is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. 3. The improvements to the project site will comply with all City of Newport Beach Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 4. Site vehicular access has been reviewed by the Public Works Department, which determined that the three existing driveways are necessary for safe and efficient access and circulation onsite. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The existing service station, convenience store, and car wash has been in operation since 1995 pursuant to Use Permit No. 3655. The development has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential uses. 2. The car wash is located at the rear of the site to maintain adequate circulation and parking on the site. The conditional use permit includes conditions of approval requiring that the hours of operation be limited to 8:00 a.m. until 6:00 p.m. to minimize noise impacts to nearby residents. 3. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area which are related to the sale of alcohol from the convenience store. 4. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding residential land uses are minimized to the greatest extent possible. In accordance with NBMC Section 20.48.210(T)(2) (Service Stations — Modification or Waiver of Standards) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 6 of 14 Finding G. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section. Facts in Support of Finding 1. A landscape area of 110 square feet is located at the corner of Superior Avenue and Placentia Avenue, instead of the requirement of 150 square feet. The existing planter provides separation between driveways at the intersection without interfering with the safe circulation onsite. A larger planter would require narrowing of the access driveways, which may disrupt circulation patterns. 2. The site provides 1,448 square feet of landscaping within 20 feet of street property lines, instead of the requirement of 1,959 square feet. There is minimal site work occurring at the property as a part of this project. The site as designed provides all required parking spaces and adequate circulation onsite. Additional landscaping area within 20 feet of street property lines may affect ability to provide adequate parking and circulation onsite. 3. The site provides no trees or shrubs adjacent to Placentia Avenue where 3 trees and 9 shrubs are required. The existing driveway abutting Placentia Avenue occupies nearly the entire Placentia Avenue frontage, leaving little space for landscaping. All three existing driveways, including two abutting Superior Avenue, are necessary to ensure adequate circulation due to the irregular shape of the lot. The site provides the required number of trees and shrubs along the Superior Avenue property line and interior property lines. Finding H. The project possesses compensating design and development features that offset impacts associated with modification or waiver of standards. Facts in Support of Finding 1. The project will enhance the appearance of the Property with updated and improved landscaping. The landscaping will provide improved screening from nearby residential properties and may mitigate noise impacts. New landscaping will comply with the requirements of the Water Efficient Landscape Ordinance ("WELO"). 2. The Property will be developed with an expanded and enhanced convenience store building. The building will be two stories (32 feet) high. The building architecture is designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. Finding 1. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. Tmplt: 04/14/10 �H pp Planning Commission Resolution No. 2071 Pape 7 of 14 Facts in Support of Finding 1. The site plan and architectural design of the expanded convenience store and the existing service station is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The proposed improvements to the building architecture will provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building elevations reflect architecturally treated wall surfaces to prevent monotony. 2. The car wash is to remain in in its current location, which is oriented such that the opening is not visible from public streets. The new landscaping will provide an improved design element to anchor the street corner. 3. The landscaping onsite will be improved to more closely comply with Zoning Code requirements and will comply with the WELD. Irrigation will be updated to drip zone valves where possible to increase water efficiency. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit Application No. UP2017-007, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. 3. This resolution supersedes Use Permit No. UP3566 as approved by the Planning Commission on October 19, 1995, which upon vesting the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Peter Koetting, Chairman Tmplt: 04/14/10 1t x 1 BY: Erik Weigand, Secretary Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 8 of 14 EA Planning Commission Resolution No. 2071 Pape 9 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING DIVISION 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. The Planning Commission shall review this Conditional Use Permit within one year of the implementation of UP2017-007. 4. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the added floor area in accordance with NBMC Chapter 15.38 of the Newport Beach Municipal Code. 6. This Use Permit may be modified or revoked by the City Council or the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 9. All exits shall remain free of obstructions and available for ingress and egress at all times. 10.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 10 of 14 11. 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 NBMC Title 20 Planning and Zoning. 12. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 13. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with NBMC Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low-level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. 14. New signs or changes to existing signs shall comply with sign regulations required in NBMC Section 20.42.080(K)(3) (Service Station Signs), as well as City Standard 110- L to ensure adequate sight distance. 15. The project shall comply with NBMC Chapter 14.17 (Water Efficient Landscaping) of the Municipal Code. The Planning and Building Divisions shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. 16.All landscape materials, landscaped areas, and irrigation systems shall be installed and 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. 17. Prior to the final of building permits, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 18. Mature landscaping along borders shall consist of 40 -inch box trees with a minimum 15 - foot height. 19. The existing fuel tank vents (EVR) shall be screened and painted to blend in with the landscaping and existing property line wall. 20. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 21.The Applicant shall post and maintain a professional quality sign facing the premise's parking lot reminding patrons to be respectful of residential neighbors. 22. Car wash attendants shall not use car horns or any amplified sound to signal customers that their car is ready. Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 11 of 14 23. Hours of operations for the car wash shall be limited to 8:00 a.m. until 6:00 p.m. daily. The hours of operation of the service station and convenience market shall be limited to 6:00 a.m. to 12:00 a.m. daily. The hours of gas delivery shall be limited to 7:00 a.m. to 8:00 p.m. 24. Fueling stations shall be silent after 10:00 p.m., including the silencing of buttons and the prohibition of gas pump TV/LED advertising. 25. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 6:00 p.m.). 26. The subject car wash facility shall be operated as an integral part of the gasoline station as a single business entity, and any change in the status to create two independent operations shall be subject to an amendment to the use permit. 27. The outdoor storage of auto related parts of merchandise shall be prohibited on-site. 28. All employees shall park on-site at all times. 29.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 76 Station Expansion including, but not limited to, Conditional Use Permit No. UP2017-007 (PA2017-067). 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 30. Charging stations will need to comply with National Electrical Code 625.5. All electrical material, devices, fittings, and associated equipment shall be listed or labeled. Manufactures installation specifications, which include model number, listings for car charging equipment shall be included within the plan review. 31. Required fire flow needs to be determined. Consult Newport Beach Fire Department Guideline B.01 for determination of required fire flow. Tmplt: 04/14/10 Planning Commission Resolution No. 2071 Pape 12 of 14 32. Emergency access is indicated passing under the overhead canopy, which has a vertical height of 13 feet. California Fire Code ("CFC") Section 503.2.1 requires fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 33. Newport Beach Amendment 903.2 requires fire sprinklers to be provided throughout in existing buildings when any of the following conditions exists: a. When an addition is 50% or more of the existing building area and the resulting building area exceeds 5,000 square feet. b. When an additional story is added above the second floor regardless of fire areas or allowable area. c. When an addition is added and the existing building is already provided with an automatic fire sprinkler system 34.As per CFC Sec. 903.1.1. NFPA 13 sprinkler systems, where required to have fire sprinklers installed throughout, sprinklers shall be installed throughout in accordance with NFPA 13. Throughout would include the car wash unless the car wash is separated by a firewall from the convenience store. 35. California Building Code ("CBC') Section 706.1 each portion of a building separated by one or more firewalls that comply with the provisions of this section shall be considered separate buildings. Consult Table 706.4 for required firewall fire -resistance ratings between occupancies. 36. Number of exits for first and second floor must be provided per CFC Sec. 1006.3.1 or 1006.3.2. Per CFC Sec. 1006.3.2(2), the second floor will be required to have a second exit if one of the following exists: a. Occupant load of more than 29 persons b. Common path of egress travel distance exceeds 75 feet 37. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage -dispensing applications located in doors, room or areas where a leak of carbon dioxide can collect shall be provide with either ventilation in accordance with CFC Section 5307.5.1 or an emergency alarm system in accordance with CFC Section 5307.5.2. 38. CFC Sec. 5307.5.1 mechanical ventilation shall be in accordance with the California Mechanical Code and shall comply with all of the following: a. Mechanical ventilation in the room or area shall be at a rate of not less than 1 cubic foot per minute per square foot. b. Exhaust shall be taken from a point within 12 inches of the floor. Tmplt: 04/14/10 M? Planning Commission Resolution No. 2071 Paqe 13 of 14 c. The ventilation system shall be designed to operate at a negative pressure in relation to the surrounding area 39. CFC Sec. 5307.5.2 an emergency alarm system shall comply with all of the following: a. Continuous gas detection shall be provide to monitor areas where carbon dioxide can accumulate. b. The threshold for activation of an alarm shall not exceed 5,000 parts per million. 40. CFC Sec. 5307.4 carbon dioxide systems shall be installed so the storage tanks, cylinders, piping and fittings are protected from damage by occupants or equipment during normal facility operations. PUBLIC WORKS DEPARTMENT 41.AII improvements shall be constructed as required by Ordinance and the Public Works Department. 42. Reconstruct all damaged/broken curb, gutter, sidewalk and driveway approaches along the Superior Avenue and Placentia Avenue frontages per City Standard. 43. Upgrades to the project's water and sewer may be required. Upgrades will be addressed during the plan check process. Upgrades may include, but not be limited to, new sewer clean outs, back flow preventers and double check detectors assemblies. 44. An encroachment permit is required for all work activities within the public right of way. 45. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 46. All on-site drainage shall comply with the latest City Water Quality requirements. 47. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the property line. If the sewer lateral to be abandoned as an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 48. The existing and proposed parking layout shall comply with City Standard STD -805 -L-A and STD -805 -L -B. A 26 -feet clear driveway aisle shall be provided clear of vehicle queue areas and fueling position. 49. All driveways, including landscaping adjacent to driveways, shall comply with the City's sight distance standard STD -110-L. Tmplt: 04/14/10 M Planning Commission Resolution No. 2071 Pape 14 of 14 POLICE DEPARTMENT 50. The business shall comply with NBMC Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 51.All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 52. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 53. No alcoholic beverages shall be sold between the hours of 2:00 a.m. and 6:00 a.m. 54. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 55. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 56. The applicant shall post and maintain a professional quality signs facing the premise's parking lot that reads: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOL BEVERAGES, VIOLATORS ARE SUSPECT TO ARREST. Location of signs to be approved by the Police Department and Planning Division. 57. The operator of the facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Tmplt: 04/14/10 _i l Attachment No. PC 2 Draft Resolution for Denial N m RESOLUTION NO. 2071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. UP2017-007 FOR A TWO- STORY ADDITION TO AN EXISTING CONVENIENCE STORE, THE INTRODUCTION OF A TYPE 20 (OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND THE MODIFICATION OF LANDSCAPE STANDARDS FOR THE PROPERTY LOCATED AT 1461 SUPERIOR AVENUE (PA2017- 067) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Western States Engineering, Inc. ("Applicant'), with respect to property located at 1461 Superior Avenue, and legally described as Parcel 1 of Lot Line Adjustment 95-10, in the City of Newport Beach, County of Orange, State of California, Recorded March 21, 1996 as Instrument No. 960137624, Official Records ("Property"), requesting approval of a conditional use permit. 2. On October 19, 1995, the Planning Commission approved Use Permit No. UP3566 ("UP3566"), which authorized Union Oil to operate a service station, convenience store, and car wash at 1461 Superior Avenue. 3. The Applicant proposes a conditional use permit to expand an existing convenience store with a 1,668 -square -foot first floor addition and 2,219 -square -foot second floor addition with some deviations from landscaping requirements. The total convenience store area will be 4,416 square feet. The existing carwash and 12 fueling dispensers are to remain unchanged. The convenience store and fueling station would operate 24 hours daily. The carwash hours of operation are to remain unchanged at 8:00 a.m. to 6:00 p.m. daily. Also included in the request is the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control ("ABC') license. If approved, this Conditional Use Permit would supersede Use Permit No. UP3566. 4. The subject Property is located within the Commercial Neighborhood ("CN") Zoning District and the General Plan Land Use Element category is Neighborhood Commercial ("CN"). 5. The subject Property is not located within the coastal zone. 6. A public hearing was held on November 9, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. 2071 Paqe 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the expansion of an existing convenience store, increased hours of operation, and addition of alcohol sales are inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not compatible with allowed uses in the vicinity. 2. The applicant's request may increase alcohol-related crimes and calls for service and negatively impact police -related response. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit Application No. UP2017-007. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2017. AYES: NOES: ABSTAIN ABSENT: Tmplt: 04/14/10 s® Planning Commission Resolution No. 2071 Paqe 3 of 3 BY: Peter Koetting, Chairman M Erik Weigand, Secretary Tmplt: 04/14/10 52 Attachment No. PC 3 Use Permit No. UP3566 M COMMISSIONERS CITY OF NEWPORT BEACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. DATE: October 19, 1995 ROLL INDEX CALL Commissioner Pomeroy was absent, all other Commissioners present. *** EX -OFFICIO OFFICERS PRESENT: Robin Clauson, Assistant City Attorney *** Patricia Temple, Planning Manager Rich Edmonton, Traffic Engineer Ginger Varin, Executive Secretary *** • Minutes of October 5. 1995: Minutes of 10/05/95 Motion x Motion was made and voted on to approve as amended, the October 5, 1995 Planning Commission Minutes. MOTION Absent x CARRIED. Ayes x x x x x x Public Comments: tic omments No one appeared before the Planning Commission to speak on non -agenda items. Posting of the Agenda: osting of Ms. Temple stated that the Planning Commission Agenda was posted on ends ' Friday, October 13, 1995, in front of City Hall. • COMMISSIONERS � F L 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX SUBJECT: Union Oil Item I 1461 and 1465 Superior Avenue • Use Permit Na 3566 UP 3566 Ts 106 • Traffic StudyNo. 106 • Lot Line Adjustment Na 95-10 LLA 95-11 • and the acceptance of an enviromnental EIE document APPLICANT: Philip Dedge Approved Ms. Temple noted that Mr. Delino, the Assistant City Manager was unable to attend tonight's meeting due to an illness in the family. Ms. Temple then noted that this item would allow for construction of a new carwash in the APF District. The site was previously a gasoline ' service station. Two technical studies have been conducted, a Traffic Study and a Noise Impact Analysis. Design recommendations from these studies have been included in the Staff report. The Applicant has agreed to amend the hours of car wash operation to 8:00 a.m. to 6:00 p.m. daily. The gasoline service operation is to be 24 hours. There are two main issues raised in this item, the noise and light generated from a 24 hours. A 24 hours service station may be considered incompatible to adjoining residential land uses of an apartment complex and a senior congregate living facility. Ms. Temple then spoke of employee on-site parking. Comparisons were made by staff to other car wash facilities in the area. She noted that employee parking demand is not high as they tend to carpool or bus to work. Commissioner Adams asked for and received clarification of elevations of the structure and asked for a revised plan showing length and structure effects on the site. Ms. Temple deferred to the applicant for explanation. 2 COMMISSIONERS IL MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX Commissioner Kranzley asked staff if any study had been done on "stacking" of cars both before and after they are washed in comparisons to other facilities. Ms. Temple answered there were no "stacking" comparisons done and clarified that this was a full service car wash. Commissioner Selich asked staff about the lot line adjustment. He wanted to know if the applicant gave any reason for not aligning the parcels. Ms. Temple stated that the applicant wanted to keep the two parcels separate because of a future intention to add more retail uses if the City's ordinances were to be changed. She deferred more detail information from the applicant. The lot line adjustment is ordinarily done when development occurs on a property. There is a condition which requires that the parcels be held as a single building. Ms. Temple then proceeded to explain the site plan noting elevations, distance and wall extension with roofing. Plan Sheet GA -7 shows a change of parking arrangements verified by the applicant. Public Hearing was Opened. Mr. Scott Peotter, Project Manger, 17510 Von Karmen, Irvine. He noted that the previous Unocal gas station had been demolished over two years ago. He explained the service layout of the older station and compared it with the proposed station noting ingress and egress, acoustic remediation, underground vacuums, equipment housing and maintenance of noise standards of 55 decibels. A "stacking" analysis showed that there were 12 cars before and after loading. A revised site plan indicates the stacking areas for 15 cars after loading and 12 cars before loading. This is a full service car wash and gasoline station. An additional two parking spaces along the north property line and 4 parking spaces by the dry off areas will provide employee parking making a total of 14 spaces. The sides of the parcels will be landscaped. r 3 COMMISSIONERS 00 ipo<'i CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Commissioner Ridgeway asked about the extension of the roof line over the tunnel area. W. Peotter stated that the trellis areas in front of the building was used due to the requirements of the acoustical report. The requirement was to go over the width only of the tunnel area rather than extending whole roof area. A conventional roof framing could be incorporated within the trellis configuration if Commission requires. Commissioner Kranzley asked Mr. Peotter if cars are allowed to be left on site or will they be removed? Mr. Peotter stated that the cars will be removed due to the location of the site. If a problem occurs, then signage will be added. Commission noted a potential stacking problem with potential users in the office buildings across the street leaving their cars. Mr. Peotter J stated that Unocal would post signage to eliminate/prevent addressing stacking problem from occurring. Mr. Peotter stated that a revised site plan was posted on the wall. These revisions/adjustments were done as a result of concerns raised in the staff report. At the request of Commissioner Selich, the Applicant explained the reasons for a lot line adjustment. There are two existing parcels that comply for zoning as individual parcels. It would be hard to re-establish if they were combined. By establishing an active property line, the building code is used for distances and types of construction rather than imaginary property fine which is arbitrarily placed in the middle between the projects. This allows for underground gas tank storage with no use on top to remain separate from the car wash and service area. If the Commission recommends consolidation rather than adjustment that would be acceptable to Unocal. Commissioner Adams referred to conditions of underground tank construction. Is this governed by building code and what measures are • -4- COMMISSIONERS • p2 �9p� � CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX being taken to insure public safety and concerns of future site remediation? Staff answered that this is subject to other agencies' permits. County Public Health is the primary agency that reviews and governs tank installation and if affected, the Regional Water Quality Control Board would look at these issues. The uniform Fire and Building Codes contain standard requirements. The Building Department does not issue permit(s) until the Applicant receives permits from the County Public Health Department first. Mr. AI Newman, 811 West 15th Street, B-2 - noted that residential build -out has occurred since the demolition of the previous station including apartment complex and a senior congregate facility. He stated that the residents are concerned with the all night operations, holding space of cars so near their spa area, lights, and traffic patterns of ingress • and egress, noting that many accidents have occurred at this intersection. Commissioner Ridgeway suggested that Mr. Newman read the staff report that would answer his concerns regarding traffic and noise, etc., particularly pages 7 thru 13. He noted that the Commission would take in consideration his concerns of noise and light. Commissioner Adams asked the date of the demolition of the previous gas station and what other types of uses are in the APF Zone? Staff answered that the date of demolition was August, 1992. Permitted uses in an APF District (administrative, professional and financial commercial district) allows for a broad range of office and retail uses including restaurants, hotels and motels. Clarification was made that the apartment building and senior congregate facility were built when the previous gas station was in operation. Standard Conditions regarding light spillage and glare are included as part of the mitigation measures attached to the negative declaration. • -5 COMMISSIONERS L MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX The applicant stated that the existing station was opened 24 hours a day on and off according to market conditions and business promotions. The fighting will be dimmed when the wash facilities are closed, but allow enough fight for security; it will be high density discharge metal halite aimed directly down on to the site with sharp cut offs. The applicant then brought forward an old aerial map of the location for site determinations. Traffic concerns were addressed by Mr. F.dmonston. He stated that the recommendations in the staff report regarding access have been discussed with the applicant. The proposal is not to have any left turn access onto this site off Superior or Placentia. A double, double yellow line area painted on the street could allow a narrow raised median. This could be an added condition that would be funded by the Applicant. The portion of the median that would be across the frontage of the proposed service station and car wash is presently stripped allowing left turns both north and south. Left turns could be made when the old station was in service. These double yellow lines were painted for traffic safety when the old gas station was closed. Mr. Newman approached the podium and looked at the aerial map and indicated his apartment building and pointed out the various destinations of use by the service station. There is a building between the service station and the apartment complex. Commissioner Adams asked Mr. Edmonston if a Condition closing the access on Placentia could be considered. This would mitigate concerns of the local residents. Pierre Langevin, 403 Bolero Way - spoke up in opposition of this Use Permit. He expressed similar concerns with speeding and the noise o gas truck dropping gas loads any time of the day or night. Commissioner Kranzley asked Mr. Langevin the hours of operation, as he used to manage the old gas station. He answered, 6 a.m. to 10 p.m. and there was never all night service while he was managing. COMMISSIONERS 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Commissioner Gifford asked if he had observed the exiting patterns onto Placentia turning left. He answered that it had been a frequent occurrence and that most people drove very fast coming into and going out. Debra Des Jardins, 821 West 15th Street, No. 3A - spoke in opposition of this Use Permit. She presented a petition signed by several residents in the complex who are also in opposition. She addressed their concerns of increased noise. She asks the Commission to think about the residents and their property value. Commissioner Adams stated that all of the Commission are aware of the noise and the impact of land uses of surrounding residents. The conditions on this project are such that the applicant is required to provide noise attenuation and reduce noise levels established by City Ordinance. This is an established gas station site that has remained under the ownership of Unocal, anybody purchasing a condominium or taking residence in a retirement type facility next door should have known the established use. It should come as no surprise that the owner wants to rebuild the gas station. They are changing the use by proposing a car wash. This change in Land Use should not significantly impact the residences. Staff stated that supplemental acoustical analysis shall be performed to validate that the operation of the business stays within the parameters o the City's Noise Ordinance which is a maximum of 55 Decibels at each property fine. The applicant is required to submit a lighting plan prepared by a licensed electrical engineer verifying that the proposed fighting plan will not produce direct fight spillage and glare onto adjoining properties. This is also validated in the field after construction. Any ongoing noise impacts, if the City receives reports o complaint they will be investigated by the Code Enforcement Division o Planning and Building Department and possibly by the Police Department if complaint occurred at night or on the weekend. Mr. Edmonston then responded to the question of driveway closure on Placentia. He stated that from a public access standpoint, a closure kk I -7- COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX would have no particular impact, whether or not it would impact the ability of tanker trucks to service the site in any manner, he has no information. There is in increased traffic use in that area due to the City of Costa Mesa putting in diverters in some residential neighborhoods that cut out access to northern Newport Beach. Discussion ensued regarding traffic egress and ingress to the gas station off from both Placentia and Superior Avenues.' Mr. Bob Richardson, 19485 Mariposa, Riverside - owner of the structure between the condominium complex and the gas station addressed the Commission. He asked for copies of elevation and plot view of the car wash. He is concerned with the lot being vacant with no development. He is opposed to medians on Placentia Avenue. Mr. Tom Hyans, 217 19th Street - spoke for his mother-in-law who lives at the senior facility. The building is three stories with balconies on the second and third floors. The views from these balconies will be directly down the tunnel of the car wash as it is proposed. He is concerned with the additional noise. He would like inserted into the Conditions that the trees on the southerly property line be mature trees rather than small plantings. The Applicant, Mr. Peotter addressed the hours of gas drops. They could be restricted between 7:00 a.m. and 10:00 p.m. There are two lighting levels, at the cashier with more intense lighting, and, by the gas canopies. The car wash closing at 6:00 p.m. would require a minimum of lighting in that area. The driveway on Placentia is where their tankers are proposed to come in to do gas drops. The driveway also allows extra stacking for gas pump queuing. Mature trees can be planted, with no protest by Unocal. Gas hours of operation are requested to be 24 hours because of their statewide push for uniformity. If not, they propose, close at midnight and open at 5 a.m. Discussion followed regarding gas deliveries timing, shut off time, conflict with uses on site during day and potential operational problems -8- COMMISSIONERS • � cr9�i9oh4 4 Mot9 L CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX relative to the driveway on Placentia being a danger to the motoring public. Mr. Peotter stated that they are expecting a volume of approximately 9,000 gallons of gas to be sold at night per month with $11,000 to $12,000/month generated revenue in this credit card facility. This would be facilitated by approximately five deliveries per week. Mature landscaping purposes would be served by 40" box trees with minimum height of 15 feet. Mr. Peotter then was asked to point out the locations of the new gas tanks in relation to the location of the old tanks. It was noted the new tanks are further away from the pool area and closer to Placentia at the same depth. Commissioner Adams asked the applicant to agree to constructing a raised concrete median for the distance of their property on Superior Avenue. Mr. Peotter stated that Unocalwould be agreeable. ' Ms. Clauson Covenant be recorded stating that the requested a properties will be held as one as long as the use is there. The applicant stated Unocal would have no problem. Mr. Langevin stated that he is concerned with the gas drops being done at any time. He was assured that if there is a violation of any condition or requirement, a call of complaint to the City or Planning Department would commence a Code Enforcement action to bring the operation into i compliance with all Conditions of Approval. Public Hearing was Closed. .on Motion was made to approve Use Permit No. 3566, Traffic Study No. 106, Lot Line Adjustment No. 95-10 and the acceptance of an environmental document with the following modifications: • Hours of gas delivery are limited to 7:00 a.m. to 8:00 p.m. • Hours of sales of gas limited to 6:00 a.m. to 12:00 a.m. • A concrete median is installed on Superior in a location to be designated by the Traffic Engineer at the cost of the applicant f I _y_ Ayes Abse L L COMMISSIONERS ���yc<2y9�90 MINUTES CITY OF NEWPORT BEACH October 19, 1995 ROLL CALL INDEX • Authority is granted to Traffic Engineer to close or limit the ingress and egress on Placentia if appropriate • 'Mature landscaping along all the borders consist of 40" box trees . with minimum 15 foot height • Signs to be posted • Resubdivision of the two parcels into one, to be consistent with the Municipal Code. Commissioner Selich requested an amendment to the motion requiring a parcel map consolidating the two parcels rather than a Lot Line Adjustment. This amendment was agreed to by all parties and incorporated in the motion. * * * ** MOTION CARRIED. I Absent, 6 Ayes. nt * A ENVIRONMENTAL DOCUMENT: Accept the environmental document, maldng the following findings and requiring the ' following mitigation measures: Findines: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the ' -10. COMMISSIONERS • \4" *®R0J +� 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Mmimis hnpact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR Mitigation Measures: 1. That the project access along Superior Avenue, closest to Placentia Avenue, shall be eliminated unless otherwise approved by the Public Works Department and the City Traffic Engineer. 2. That the project access along Superior Avenue furthest from Placentia Avenue shall be restricted to "right-intright-out" access only, unless otherwise approved by the City Traffic Engineer, and shall be appropriately signed in accordance with requirements of the City Traffic Engineer. 3. That the project access along Placentia Avenue shall be restricted to "right -in" access only, unless otherwise approved by the City Traffic Engineer. 4. Prior to the issuance of a building permit, the applicant shall provide written certification acceptable to the City's Budding Department signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. 5. Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate to the Building Department and Fire Department that the project is in compliance with the County o Orange Health Department and the City's Fire Department Regulations. 6. The wash tunnels shall be extended approximately 20 feet at the entrance and approximately 16 feet at the exit, as described in Exhibit 3 of the noise analysis showing the recommended extensions. These tunnels are required to reduce noise to levels that comply with the City of Newport Beach Noise Control -11- COMMISSIONERS 41 101PIPA-110kx CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Regulations. The extensions shall have a roof that is at least as wide as the wash tunnel entrance and the inside wall of the tunnel extensions shall be constructed of a rough block face. The roof and wall structures for the extension shall have a surface density of at least 4.0 pounds per square foot. Any masonry material will meet this requirement. Two layers of 3/4 inch plywood will also meet the requirement (although this should be checked with the architect or structural engineer, since plywood densities do vary). The inside surface of the wall of the extension shall be of non -reflective surface. Rough split face block would satisfy this requirement. Acoustic panels and other options are available that would also be non -reflective. 7. That the blower that is to be installed in the project shall meet a requirement of generating a noise level of 83 dBA at a distance of 5 feet (Worldwide blower with the silencer kit or equivalent blower/dryer). 8. That the vacuum accumulators shall be enclosed in a structure that reduces noise by at least 10 dBA. These enclosures are required to reduce noise to levels that comply with the City o Newport Beach Noise Control Regulations. 9. The proposed project will potentially generate noise levels that would exceed the City's maximum noise limits. The only noise source that is loud enough to exceed the maximum noise level limits are car horns. Therefore. the use of car horns by attendants to signal customers that their cars are finished shall be prohibited. 10. That the skylight in the tunnel wash area shall be 1/4 -inch glass or 5/8 -inch Plexiglas. A thin plastic skylight will not suffice to reduce the car wash noise to levels that comply with the City o Newport Beach Noise Control Regulations. 11. That the hours of operation of the car wash shall be limited to between the hours of 8:00 a.m. and 6:00 p.m., daily, and that the -12- 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX gasoline dispensing shall be limited to 6:00 a.m. to 12:00 a.m. daily, unless further restricted by the Planning Commission or the City Council in conjunction with the use permit. 12. Prior to issuance of a certificate of Occupancy, a detailed acoustical analysis report shall be prepared describing the noise generation of the project based on the detailed project design, noise attenuation features, and equipment specifications. The report shall demonstrate that the project does not exceed allowable noise levels as described in County of Orange Noise Control Ordinance or the adopted Newport Beach Noise Control Regulations with respect to the residential properties adjacent to the project site, whichever is more restrictive. The report shall be subject to review and approval by the Director of Planning. 13. Prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system is designed, directed, and maintained in such a manner as to conceal the light source and to minimize fight spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. B. USE PERMIT NO. 3566 f Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. -13- COMMISSIONERS o� q CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 3. That public improvements may be required of the developer per Section 20.80.060 of the Newport Beach Municipal Code. } 4. That adequate parking exists on-site to serve the gasoline station/car wash facility. 5. That the establishment of the subject business will not have an significant environmental impact. 6. That the approval of Use Permit No. 3566 for the proposed use will not, under the circumstances of this case, be detrimental to the health, - safety, peace, morals, comfort and general welfare o persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood o the general welfare of the City. Conditions: 1. That the development shall be in substantial conformance with the approved plot plan, floor plans and elevations (and in accordance with development standards specified in Chapter 20.70), except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That Lot Line Adjustment No. 95-10 combining the two parcel into a single parcel or building site, shall be recorded and all conditions of approval shall be fulfilled, prior to issuance of an Building Permits. 4. That the subject car wash facility shall be operated as an integral part of the gasoline station as a single business entity (subject t the provisions of Chapter 20.70 of the Municipal Code), and an change in the status to create two independent operations shall be subject to an amendment to the use permit. -14- COMMISSIONERS L CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 5. That the sale of merchandise from other than vending machines is prohibited, except as specified in Chapter 20.70 of the Municipal Code. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 7. That a minimum of 14 parking spaces shall be provided on site for the proposed facility. 8. That the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. The Traffic Engineer may require the closure, or limit the ingress or egress on Placentia Avenue, if appropriate. 9. That the intersection of the private approaches and the public streets (Placentia Avenue and Superior Avenue) be designed to provide sight distance for a speed of 40 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 10. That the existing deteriorated drive approaches on Superior Avenue be reconstructed and that the deteriorated or displaced sections of sidewalk be reconstructed along the Superior Avenue and the Placentia Avenue frontages. A concrete median shall be installed on Superior Avenue in a location designated by the Traffic Engineer. That all work be completed under an encroachment permit issued by the Public Works Department. 11. That the drainage from the car wash be collected on-site so that it does not track out onto the public right-of-way. 12. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper -15- COMMISSIONERS L CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no constriction storage or delivery of materials within the Superior Avenue or Placentia Avenue right-of-way unless otherwise approved by the City Traffic Engineer. U. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 14. That a sewer cleanout be provided at property line in conformance with City Standard 406-L. 15. That a landscape plan shall be approved by the Planning Director ' and the Public Works Department. Said landscaping shall be installed in accordance with the approved plan and shall be permanently maintained. That the landscaping installed on all property borders be mature, including 40" box trees with a minimum 15 foot height. 16. That the landscaping shall not obstruct the line of sight of vehicles exiting the subject property. That the City Traffic Engineer shall approve the final location of the landscaping prior to issuance of building perdts. 17. That all mechanical equipment and trash areas shall be hilly screened from view of Superior Avenue, Placentia Avenue, and adjoining properties (including from above). 18. That the outdoor storage of tires and other auto related parts or merchandise shall be prohibited on-site. 19. That the entire site shall be maintained in a clean and orderly manner. -16- 4 COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX 20. That the wash tunnel area shall also be protected so as to prevent drainage from the parking lot from entering the sewer system. The drain shall be connected to the sewer system and have a grease trap. The design and installation of the above facilities shall be approved by the Utilities Department. 21. That the hours of operation of the car wash shall be limited to between the hours of 8:00 a.m. and 6:00 p.m, daily, and that the gasoline dispensing shall be pent ted from 6:00 a.m. to 12:00 a.m. That hours of gasoline delivery are limited to 7:00 am. to 8:00 p.m., daily. 22. That all signs shall meet the requirements of Chapter 20.06 of the Municipal Code. 23. That all employees shall park on-site at all times. 24. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. C. TRAFFIC STUDY NO. 106 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter of the Newport Beach Municipal Code and City Policy L-18 (formerly S-1). -17- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX i 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any major,"primary-modified,' or'primary street. 3. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the e3dsting traffic during the 2.5 hour peak period on the four study intersections and that the ICU analysis for all four intersections indicates an acceptable ICU value f I of less than 0.90. D. LOT LINE ADJUSTMENT NO. 95-10 Findings: 1. The project site described in the proposal consists of legal parcels. 2. That no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. 6. That in this particular case, the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. -18- COMMISSIONERS 4 4 CITY OF NEWPORT BEACH MINUTES October 19, 1995 ROLL CALL INDEX Conditions: 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot line adjustment, the lot line adjustment shall be submitted to the Public Works Department for checking. 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. 4. That all conditions of approval of Use Permit No. 3566 shall be fulfilled. 5. That this approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. SUBJECT: Ciao Restaurant (Joseph Morano, Item 2 applicant) 2744 East Coast E ighway • Use Permit Na 3568 UP 3568 APPLICANT: Same Approves Establishment of a full-service restaurant with on -sale beer and wine and live entertainment. Also included in the request is a waiver of a portion o the required off-street parking. Staff explained that this was a request to convert an existing Use Permit of a fast food restaurant to a traditional restaurant operation. The primary issue i f �i -19- Attachment No. PC 4 Table 1 (Service Station Design and Development Standards) 155 m TABLE 1: SERVICE STATION DESIGN AND DEVELOPMENT STANDARDS MIM REQUIREMENT PROPOSED PROJECT Location All service station sites shall front on streets Complies. designated as major, primary or secondary on The location of the existing service station will the City Master Plan of Streets and Highways remain the same. Superior Avenue is classified unless the sites are part of or in conjunction with as a 'primary road" and Placentia Avenue is developments such as shopping centers in classified as a "secondary road" per the City residential areas. Master Plan of Streets and Highways Circulation Element). Minimum The minimum land area for service stations shall Complies. Land Area be 1,500 square feet of land area for each 12 fueling spaces fueling space, 1,000 square feet for each service x 1,500 sq ft = 18,000 sq ft bay or washing bay, and 3.33 square feet for 1 washing bay each square foot of gross floor area used for x 1,000 sq ft = 1,000 sq ft retail and/or food and beverage sales. convenience market gross floor area — 4,562 sq ft x 3.33 sq ft = 15,191 sq. ft. Total Minimum Land Area Required = 34,191 sq ft Existing Land Area of Site 43,531 sq ft Required Structure Interior Abutting Abutting Complies. Setbacks a Public an Alley The location of the service station canopy, Right- service islands, car wash, retail and office of -Way (convenience store), and air and water dispensers comply with the required setbacks. Service 20 ft 20 ft 20 ft islands Canopies 5ft 5 ft 5 ft Air and loft loft loft water dispensers Automobile 18 ft 30 ft 30 ft washing, maintenance and repair Retail and Oft 15 ft loft office Parking Pursuant to Section 20.40.030 (Requirements for Complies. Off -Street Parking): number of parking spaces Convenience market required is based on the land uses located on gross floor area = 4,562 the site. parking spaces required = 23 (4,562 sq ft/200) -Service stations with convenience markets require one space per 200 square feet of gross Automated car wash = (1) washing station floor area. Queue — 5 -Automobile washing requires a queue for 5 cars per washing station. Total spaces required = 25 (15 + 5 queue for car wash bay) 23 parking spaces plus queuing for 9 cars on site Utilities All utilities shall be installed underground within Complies. the exterior property lines of the site. The existing utilities shall remain in place. There are no new utilities proposed to be installed as art of the project. MIM REQUIREMENT PROPOSED PROJECT Access Driveways shall be so designed and located as Complies. to ensure a safe and efficient movement of traffic The location of the two existing driveways along on and off the site to and from the lane of traffic Superior Avenue will remain unchanged and nearest the curb. All driveways shall be located comply with City standards. The one existing and constructed according to the City of Newport driveway along Placentia Avenue will remain Beach Driveway Approach Policy. unchanged and complies with City Standards. -Driveways for service stations which are On-site circulation for the existing service station developed as part of or in conjunction with and the proposed queuing lanes have been adjacent uses shall be located as part of the total reviewed and approved by the Public Works circulation element of such adjacent uses. Department. -On-site driveways all should be a minimum of 25 feet for two-way traffic or 18 feet for one way circulation. -On-site queuing lanes shall be provided. Queuing lanes shall not interfere with access to required parking spaces. Drainage and All drainage to the street shall be by under- Complies. Pollution ground structures to avoid drainage across City There is little site work occurring on the property Control walks or drive aprons. In addition, service and a preliminary WQMP is not required. Onsite stations shall incorporate pollution control best drainage shall be addressed at plan check. management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the storm water system. The Public Works director shall approve drainage and pollution control methods, if appropriate. Site and The site plan and architecture of the service Complies. Architectural station shall provide an attractive appearance The proposed project has been designed to be Design that is compatible with and complimentary to the compatible with the surrounding land uses and community and surrounding land uses and architecturally compatible with surrounding development and that is consistent with the City development. The project involves a new of Newport Beach Design Guidelines: convenience store building with aesthetics that Automobile Service Stations and Washing (See add to the overall appearance of the site. discussion below).. Landscaping See Landscaping Development Standards Does not comply. Table 2 and discussion below for specific See Table 2 (Landscaping Standards). landscaping requirements. Perimeter Service station sites shall be separated from Complies. Walls abutting residentially -zoned property or property The subject property abuts residentially zoned used for residential purposes by 6 foot high properties to the north, south, and west. The masonry or concrete wall utilizing materials existing 6 -foot high CMU walls with stucco finish similar in color, module and texture to those are to remain unchanged. The walls are reduced utilized in the building. Such walls shall be in height to 3 feet within street setback areas. reduced to 3 feet in height within adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines Refuse Refuse storage areas shall be enclosed by walls Complies. Storage Areas and integrated with the design of the service The existing trash enclosure is to remain station in compliance with Section 20.30.120 unchanged and complies with the City's (Solid Waste Recycling and Storage). requirements. Lighting Exterior light sources shall be shielded from view Complies. and directed away from adjacent properties in Existing and proposed on-site lighting complies compliance with Section 20.30.070 (Outdoor with these requirements. A photometric study of Lighting). Luminaries shall be of a low level, the site (sheet L01 11298-1) is provided. indirect diffused type and shall not exceed a height of 20 feet above existing grade. REQUIREMENT PROPOSED PROJECT Rest Rooms One men's rest room and one women's rest Complies. room shall be provided during business hours for The new convenience store interior will provide use by service station customers. Rest rooms ADA compliant restrooms for both male and with exterior entrances shall be located so the female customers. entrances are in clear view of the station's service area, cashier station, or office. Fuel Tank Fuel tank vents shall be located at the rear of the Complies. Vents property or other inconspicuous location and The existing fuel tank vent is located at the side shall be screened from public view. of the property and are screened from view with landscaping. A condition of approval is included which requires that the vents continue to be screened and painted to blend in with the landscaping. g® Attachment No. PC 5 Table 2 (Landscaping Standards) 2� 92 TABLE 2: LANDSCAPING STANDARDS REQUIREMENT PROPOSED PROJECT Area Required: Complies. A minimum of 15 percent of the site shall be Site = 43,531 sq ft x 15% = 6,530 sq ft landscaped with plant materials designed to provide Landscaping provided on-site = 8,488 sq ft beautification and screening. 19.5% - A minimum 5 foot -wide (inside dimension) Complies. planting areas between driveway approaches. Two landscape areas, each greater than 5 feet wide, separate the three driveway approaches. - A minimum of 150 square foot landscaped Does not comply. area provided at the intersection of two property lines The landscape area at the corner of Placentia at a street corner. Landscape materials shall not Avenue and Superior Avenue is 110 square feet exceed a height of 36 inches. in area. - A minimum 5 foot -wide (inside dimension) Does not comply. planting area along interior property lines, except The majority of the landscaped areas are at least where openings are needed to facilitate vehicular 5 feet wide, however there are 4 parking spaces circulation to adjacent properties. located immediately adjacent to the property on the south side and a landscaped area less than 5 feet side between the Placentia Avenue driveway approach and the north interior property line. Area Required: Does not comply. Landscaped area required = 6,530 sq ft - A minimum of 30 percent of the required landscaping (43,531 sq ft x 15%) shall be provided within 20 feet of the street property lines. Within 20' of street oropertv lines Required= 1,959 sq ft (6,531 sq ft x 30%) Provided =1,448 sq ft 22% Quantity of Materials: Does not Comply. Landscaped areas adjacent to street property lines shall be Adlacent to street property lines: planted with a minimum of 1 tree and 3 shrubs per every 25 Superior Ave. Street Frontage — 202' linear feet of street frontage. Landscaped areas adjacent to Trees (202'/25') = 8 — provided 8 interior property lines shall be planted with a minimum of 1 tree Shrubs (202'/25'x 3) =24 — provided 24 and 3 shrubs per every 30 linear feet. These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees Placentia Ave. Street Frontage - 77' shall be 24 -inch box size, or larger. Required shrubs shall have Trees (77'/25') = 3 — provided 0 a minimum mature growth height of 18 inches and shall be a Shrubs (206725' x 3) = 9 — provided 0 minimum of 5 -gallon in size upon installation. Adlacent to interior property lines: (696'/30 linear ft): Required: trees (696'/30')= 23 - provided= 23 shrubs (696'/30'x 3 = 70 - provicled= 70 Quality of Materials: Complies. Plant materials shall be chosen for their screening qualities, The final landscape design will be reviewed by the beauty and durability. Plantings shall include a mixture of trees, Planning Division prior to the issuance of building shrubs and groundcwvers. All plant materials shall conform to or permits. exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Street Trees: Complies. City parkway areas shall be provided with groundcover and N/A - There are no requirements for parkway street trees as per City standards areas surrounding the site including street trees. IN Barriers: Complies. Planting areas adjacent to vehicular activity shall be protected Curb is provided. Compliance with this by a continuous concrete curb or similar permanent barrier. requirement will be verified during plan check and field inspections. Sight Distances: Complies. Landscaping shall be located so as not to impede vehicular Per plans submitted, new landscaping will not sight distance in compliance with Section 20.30.130 (Traffic impede vehicular sight distance. Existing plantings Safety Visibility Area) and to the satisfaction of the Public Works at the corner of Superior Avenue and Placentia Director Avenue, which impede vehicular sight distance, are to be removed. This is conditioned and will be verified at plan check. Irrigation: Complies. All planting areas shall be provided with a permanent The irritation controller is to be replaced with a underground automatic sprinkler irrigation system of a design smart controller, per submitted landscape plans. suitable for the type and arrangement of the plant materials All existing overhead spray heads are to be selected. replaced with drip zone valves. The final design will be reviewed at plan check. Required Plans: Complies. The Director shall approve landscape planting and sprinkler Standard included in the recommended conditions irrigation plans and specifications before issuance of a building of approval permit, if appropriate. Maintenance of Landscaping: Complies. a. Landscape materials and landscaped areas shall be Conditions of approval are included to ensure maintained in compliance with the approved landscape compliance with these requirements. plan. b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. c. Landscaped areas shall be kept free of weeds and debris. d. Irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as art of regular maintenance. 1 :! Attachment No. PC 6 Police Department Memorandum Ell is NEWPORT POLICE DEPARTMENT DIVISIONDETECTIVE MEMORANDUM TO: Chelsea Crager, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: April 27, 2017 SUBJECT: 76 Station Expansion 1461 Superior Avenue Use Permit No. UP2017-007 (PA2017-007) At your request, the Police Department has reviewed the project application to add alcohol sales, specifically a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control License to an existing gas station and convenience store. The applicant currently operates the gas station with a 648 square foot convenience store. The expansion would add 3,237 square feet which will include a Subway Restaurant and a larger convenience store which will be open 24 hours a day. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, and an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. For a Type 20 license, the Newport Beach Police Department must submit a finding of PCN to the Department of Alcoholic Beverage Control (ABC). Crime Statistics Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 1461 Superior Avenue. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 24 which is west of Newport Boulevard and north of West Coast Highway. The highest volume crime in RD 24 is Burglary/Theft from Auto and the highest volume of arrests are drug related. M, 76 Gas Station UP2017-007 This location meets the legal criteria for undue concentration (B&P §23958.4). • In 2016, RD 24 had a total of 244 reported crimes • In 2016, RD 24 was 190% over the city-wide average of reported crime • In 2016, RD 24 had 304 arrests • In 2016, 24% of the arrests made in RD 24 were directly related to alcohol Alcohol License Statistics Per the Business and Professions code, while crime data is analyzed using local law enforcement reporting districts, alcohol license information must be analyzed using census tracts. The applicant premise is located within census tract 0636.03. This census tract has an approximate population of 6,221 residents with 8 licensed establishments. That is a per capita ratio of 1 on -sale license for every 778 residents. Per the Business and Professions code, we compare this census tract's on -sale per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 477 residents and find that Census Tract 0636.03 is not oversaturated by legal definition. This location does not meet the legal criteria for undue concentration as it relates to oversaturation. (B&P §23958.4). Discussion and Recommendations The above statistical information is provided for educational reference and perspective. The Newport Beach Police Department has no objection to the proposed project and is of the opinion Public Convenience or Necessity can be found because there are only two other off - sale alcohol establishments within this census tract: Minute King and 7Eleven. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. No alcoholic beverages shall be sold between the hours of 2:00 a.m. 6:00 a.m 76 Gas Station U P2017-007 Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 6. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 7. The applicant shall post and maintain a professional quality sign facing the premise's parking lot that reads: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOL BEVERAGES, VIOLATORS ARE SUBJECT TO ARREST. 8. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. Investigator, Special Investigations 'V Jeff rouwer Deputy Chief IN NEWPORT BEACH POLICE DEPARTMENT 2016 CRIME AND ALCOHOL-RELATED STATISTICS CHIEF JON I. lE WIS ��• SUMMARY FOR 76 GAS STATION AT 1461 SUPERIOR AVE (RD24) 5ubject: 1461 Superior A" Subject RD: RD24 Adjacent RD: R025 Adjacent RD: RD17 Adjacent RD: RD16 Newport Beall 25 6.126 3,494 2,502 3,667 93,685 2 act"plito le norvyp+mek ,•tg oustie ."'acwHe 8 Burg/Tnefl 244 84 .160 .290% From Auto Bumf"wit 136 84 +52 +62% From Auto 99 84 .15 +18% Burgrtheft From Auto 4,795 Burg/Theft 105 84 +21 +25% Tract: 634 From AM 3,177 ntlrpongw MOAalmke Ne gpimar Burgrtheff From Amo •von renmes arc rMen,mr urmvz mmrz m eK ee oyuo rel u„ye,m um! Aepart ,ame�x. ROOn RekMrY. AppNWIM 4XYl1, Burpbry, (nrtMµi�rll..tuM 111¢f[meArSOn ilitl r[p4rt rtlhN (ifVW rlY'MrtBeulAlbrt I lnnYeile/g}014 g wllg 3v'eh bbwYOM VnMOWT Subject: 1461 Superior A" +g oepsmae nolaPWm61r Subject Census 6,221 8 778 8 Tract: 636.03 Adjacent Census 4,795 48 100 39 Tract: 634 Adjacent Census 3,835 11 349 8 Tract: 636.04 Adjacent Census 5,726 83 69 73 Tract: 635 Newport Beach 85,186 439 194 389 OraWCotaity 3,010,232 6,314 477 5,561 Number ojr give ABCLlcenses Is me mrol o10 Types ofretail Acerues known to Me NBPO as cf O2116/2017. Au Population pgi res mken)rom the ZOIO US Cercus. 5 304 120 83 172 3,457 1 36 21 7 6 351 Legend ABC Licenses Count • 1 • 2 49 3-4 • ,-7 • 8-11 1 1 38 0 DrugRelated 20 16 1 DrugRelimad 40 663 18 Drug -Related 1,068 • 0= Subject Location 116 a09/311t7 Attachment No. PC 7 Project Description M Im K A R A K I I WESTERN STATES 4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807 T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM October 25th of 2017 Project Name: 76 Superior Ave. Full Service Station & Carwash Project Address: 1461 Superior Ave., Newport Beach, CA 92633 Subject: Request for Conditional Use Permit to Expand Existing Convenience Store PROJECT DESCRIPTION AND JUSTIFICATION Karaki Western States Engineering, Inc. on behalf of KOKDA OIL, Inc. is requesting a Conditional Use Permit to the City of Newport Beach for the improvement (area increase) of the existing Convenience Store located in the existing 76 Full Service Station and Carwash at the West side corner of Superior Ave. and Placentia Ave. The objective of improving and expanding the existing building is to provide a quality service to their customers and improve image of the building and surrounding areas. There are no changes in the existing use of the property, which makes the project consistent with the current General Plans and Zoning (CN -Commercial Neighborhood). The existing fueling canopy (1,906 sq. ft.) and Carwash area (2,115 sq. ft.) will remain as they are. Only the retail space will increase its total gross area from 648 sq. ft. to 2,343 sq. ft. in the first floor plus a completely new second floor of 2,219 sq. ft. for private office and storage area. The total gross area for the C -Store will be 4,562 sq. ft. The new proposal requires the addition of new parking spaces. 18 parking spaces are existing on site right now, as per municipal code 23 spaces will be required for the new improvement (1/200 sq. ft., see parking computation on Site Plan, AS -1.0). The total of parking provided is 23 stalls in the new layout. This also includes an upgrade of the existing ADA van accessible parking to comply with current code. We are also requesting the off sale of Beer & Wine (ABC License type 20) as part of this CUP. The new C -Store can better serve the surrounding community by providing its customers with the convenience of "one-stop" shopping. Beer and wine sales will not be a major staple at the 76/ C -store. Indeed, beer and wine sales are expected to account for only a small percentage of the reach -in coolers. Therefore, the proposed use will not adversely affect the adjoining land uses or the growth and development of the area. The C store is currently operating from 6am to 12midnight and is being proposed to operate 24 hours /7 days a week in order to increase sales; with 2 full time employees and 4 part-time employees divided in 3 shifts. The existing Carwash service will continue operating with its current schedule, from 8 am to 6 pm (one shift) and 4 employees, serving from 125 to 150 cars per day. We don't anticipate any changes for the Carwash operation. For more detailed information, see the following Project Data (also available on Site Plans sheet AS -1.0) 0 PROJECT DATA C -STORE • Lot area: 43,531 sq. ft. (0.99 Acres) • Lot width: 254 feet • Lot Depth: 270 feet • (N) C -Store: Front: Required= 15'-0", Provided= 50'-6" Interior: Required= 0'-0", Provided= 35'-2" • (E) Carwash: Front: Required= 30'-0", Provided= 80'-8" Interior: Required= 18'-0", Provided= 18'-2" • (E) Canopy: Front: Required= 5'-0", Provided= 19'-10" Interior: Required= 5-0", Provided= 40'-10" • (E) Service Islands: Front: Required= 20'-0", Provided= 29'-11" Interior: Required= 20'-0", Provided= 48'-4" • (E) Air & Water Dispenser: Front: Required= 10'-0", Provided= 167'-7" Interior: Required= 10'-0", Provided= 10'-10" BUILDING DATA K A R A K I I WESTERN STATES 4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807 T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM • Total Gross Floor Area (1st and 2"d floors of C -Store): 4,562 sq. ft. • Floor Area Ratio (including all buildings): 0.15 • Lot Coverage (including all buildings): 15.25% • Building Height: 32 ft. • Landscape: 15% (see Preliminary Landscape Plan) • Asphalt Paving: 40% • Concrete Paving: 21% • Parking: Required= 23, Provided= 23 • Number of Employees and Shifts (C -Store): 3 shifts, 2 full time and 4 part-time. • Number of Employees and Shifts (Carwash): 1 shift, 4 employees. • Hours of Operation (C -Store): 6am-12 midnight (existing); 24hours/7days (proposed) • Hours of Operation (Carwash): 8 am to 6 pm, 7 days a week (existing) • Use: Commercial Attachment No. PC 8 Project Plans m LEGEND VIGNITV-MAP' A 1 II n A 17 ° T SITE KEY NOTES PROJECT DATA , n °Due emzwnw 0 MINT .1 Y' 0 �.—NNIN IN °o...�...�.e ... 0: NM. 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E�IDASIGATGNET9TEM EXISTWGSIS HI GW NED-E.—DUEEM M �Iro = � W=R ws r IRAIWIWN.PE0.Y1lNG YGIFS: 8 b R \ _ SITZ IRRIGAT EO ADJUSTMENT STATEME'T: n -_ E- —.T. aeMun O 12 1�111GBTUUE >n;n; v m m m m m m m v- TAEE E 76 DAE%STtT,DN & CES ETD A%REMODEL 4 ioDEAN. - ... ".ED�� pL.ryT MATER W. AEgVIpEMEyi a ixeu mNE o ern.. Ail. ."�. ES E14 A5sQ T.US .iaAla: �oulrtasurnolvErvmnm __ TU �.�...D.\ErEioD� ....e..a,.. urw�uo EE . V. VEASttI g..a e" .� —--- -- —E .mu.xomm..•+..a YD U.CGVFRE. TtGI m / I7 NEWEIFIN iDHIINAED REN.14 NEW IRRMA„G.E MM O� o o O G TEA ExIETE.GTw.RTGAEMa.\ AREPPERNPMC \ _ SITZ IRRIGAT EO ADJUSTMENT STATEME'T: n woDE UEN >n;n; PRELIMINARY LANDSCAPE PLAN -TEaMS-- ENGINEERING,ING.+ ...,a......aa 76 DAE%STtT,DN & CES ETD A%REMODEL OVERALL (PLAN Amaciates, Inc. ER eY. 3 x Attachment No. PC 3 Table 1 (Service Station Design and Development Standards) 113 22� TABLE 1: SERVICE STATION DESIGN AND DEVELOPMENT STANDARDS 1115 REQUIREMENT PROPOSED PROJECT Location All service station sites shall front on streets Complies. designated as major, primary or secondary on The location of the existing service station will the City Master Plan of Streets and Highways remain the same. Superior Avenue is classified unless the sites are part of or in conjunction with as a 'primary road" and Placentia Avenue is developments such as shopping centers in classified as a "secondary road" per the City residential areas. Master Plan of Streets and Highways Circulation Element). Minimum The minimum land area for service stations shall Complies. Land Area be 1,500 square feet of land area for each 12 fueling spaces fueling space, 1,000 square feet for each service x 1,500 sq ft = 18,000 sq ft bay or washing bay, and 3.33 square feet for 1 washing bay each square foot of gross floor area used for x 1,000 sq ft = 1,000 sq ft retail and/or food and beverage sales. convenience market gross floor area — 3,956 sq ft x 3.33 sq ft = 13,173 sq. ft. Total Minimum Land Area Required = 32,173 sq ft Existing Land Area of Site 43,531 sq ft Required Structure Interior Abutting Abutting Complies. Setbacks a Public an Alley The location of the service station canopy, Right- service islands, car wash, retail and office of -Way (convenience store), and air and water dispensers comply with the required setbacks. Service 20 ft 20 ft 20 ft islands Canopies 5ft 5 ft 5 ft Air and loft loft loft water dispensers Automobile 18 ft 30 ft 30 ft washing, maintenance and repair Retail and Oft 15 ft loft office Parking Pursuant to Section 20.40.030 (Requirements for Complies. Off -Street Parking): number of parking spaces Convenience market required is based on the land uses located on gross floor area = 3,956 the site. parking spaces required = 20 (3,956 sq ft/200) -Service stations with convenience markets require one space per 200 square feet of gross Automated car wash = (1) washing station floor area. Queue — 5 -Automobile washing requires a queue for 5 cars per washing station. Total spaces required = 25 (20 + 5 queue for car wash bay) 23 parking spaces plus queuing for 9 cars on site Utilities All utilities shall be installed underground within Complies. the exterior property lines of the site. The existing utilities shall remain in place. There are no new utilities proposed to be installed as art of the project. 1115 110 REQUIREMENT PROPOSED PROJECT Access Driveways shall be so designed and located as Complies. to ensure a safe and efficient movement of traffic The location of the two existing driveways along on and off the site to and from the lane of traffic Superior Avenue will remain unchanged and nearest the curb. All driveways shall be located comply with City standards. The one existing and constructed according to the City of Newport driveway along Placentia Avenue will remain Beach Driveway Approach Policy. unchanged and complies with City Standards. -Driveways for service stations which are On-site circulation for the existing service station developed as part of or in conjunction with and the proposed queuing lanes have been adjacent uses shall be located as part of the total reviewed and approved by the Public Works circulation element of such adjacent uses. Department. -On-site driveways all should be a minimum of 25 feet for two-way traffic or 18 feet for one way circulation. -On-site queuing lanes shall be provided. Queuing lanes shall not interfere with access to required parking spaces. Drainage and All drainage to the street shall be by under- Complies. Pollution ground structures to avoid drainage across City There is little site work occurring on the property Control walks or drive aprons. In addition, service and a preliminary WQMP is not required. Onsite stations shall incorporate pollution control best drainage shall be addressed at plan check. management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the storm water system. The Public Works director shall approve drainage and pollution control methods, if appropriate. Site and The site plan and architecture of the service Complies. Architectural station shall provide an attractive appearance The proposed project has been designed to be Design that is compatible with and complimentary to the compatible with the surrounding land uses and community and surrounding land uses and architecturally compatible with surrounding development and that is consistent with the City development. The project involves a new of Newport Beach Design Guidelines: convenience store building with aesthetics that Automobile Service Stations and Washing (See add to the overall appearance of the site. discussion below).. Landscaping See Landscaping Development Standards Does not comply. Table 2 and discussion below for specific See Table 2 (Landscaping Standards). landscaping requirements. Perimeter Service station sites shall be separated from Complies. Walls abutting residentially -zoned property or property The subject property abuts residentially zoned used for residential purposes by 6 foot high properties to the north, south, and west. The masonry or concrete wall utilizing materials existing 6 -foot high CMU walls with stucco finish similar in color, module and texture to those are to remain unchanged. The walls are reduced utilized in the building. Such walls shall be in height to 3 feet within street setback areas. reduced to 3 feet in height within adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines Refuse Refuse storage areas shall be enclosed by walls Complies. Storage Areas and integrated with the design of the service The existing trash enclosure is to remain station in compliance with Section 20.30.120 unchanged and complies with the City's (Solid Waste Recycling and Storage). requirements. Lighting Exterior light sources shall be shielded from view Complies. and directed away from adjacent properties in Existing and proposed on-site lighting complies compliance with Section 20.30.070 (Outdoor with these requirements. A photometric study of Lighting). Luminaries shall be of a low level, the site (sheet L01 11298-1) is provided. indirect diffused type and shall not exceed a height of 20 feet above existing grade. 110 227 REQUIREMENT PROPOSED PROJECT Rest Rooms One men's rest room and one women's rest Complies. room shall be provided during business hours for The new convenience store interior will provide use by service station customers. Rest rooms ADA compliant restrooms for both male and with exterior entrances shall be located so the female customers. entrances are in clear view of the station's service area, cashier station, or office. Fuel Tank Fuel tank vents shall be located at the rear of the Complies. Vents property or other inconspicuous location and The existing fuel tank vent is located at the side shall be screened from public view. of the property and are screened from view with landscaping. A condition of approval is included which requires that the vents continue to be screened and painted to blend in with the landscaping. 227 112 Attachment No. PC 4 Table 2 (Landscaping Standards) 119 12D TABLE 2: LANDSCAPING STANDARDS REQUIREMENT PROPOSED PROJECT Area Required: Complies. A minimum of 15 percent of the site shall be Site = 43,531 sq ft x 15% = 6,530 sq ft landscaped with plant materials designed to provide Landscaping provided on-site = 8,488 sq ft beautification and screening. 19.5% - A minimum 5 foot -wide (inside dimension) Complies. planting areas between driveway approaches. Two landscape areas, each greater than 5 feet wide, separate the three driveway approaches. - A minimum of 150 square foot landscaped Does not comply. area provided at the intersection of two property lines The landscape area at the corner of Placentia at a street corner. Landscape materials shall not Avenue and Superior Avenue is 110 square feet exceed a height of 36 inches. in area. - A minimum 5 foot -wide (inside dimension) Does not comply. planting area along interior property lines, except The majority of the landscaped areas are at least where openings are needed to facilitate vehicular 5 feet wide, however there are 4 parking spaces circulation to adjacent properties. located immediately adjacent to the property on the south side and a landscaped area less than 5 feet side between the Placentia Avenue driveway approach and the north interior property line. Area Required: Does not comply. Landscaped area required = 6,530 sq ft - A minimum of 30 percent of the required landscaping (43,531 sq ft x 15%) shall be provided within 20 feet of the street property lines. Within 20' of street oropertv lines Required= 1,959 sq ft (6,531 sq ft x 30%) Provided =1,448 sq ft 22% Quantity of Materials: Does not Comply. Landscaped areas adjacent to street property lines shall be Adlacent to street property lines: planted with a minimum of 1 tree and 3 shrubs per every 25 Superior Ave. Street Frontage — 202' linear feet of street frontage. Landscaped areas adjacent to Trees (202'/25') = 8 — provided 8 interior property lines shall be planted with a minimum of 1 tree Shrubs (202'/25'x 3) =24 — provided 24 and 3 shrubs per every 30 linear feet. These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees Placentia Ave. Street Frontage - 77' shall be 24 -inch box size, or larger. Required shrubs shall have Trees (77'/25') = 3 — provided 0 a minimum mature growth height of 18 inches and shall be a Shrubs (206725' x 3) = 9 — provided 0 minimum of 5 -gallon in size upon installation. Adlacent to interior property lines: (696'/30 linear ft): Required: trees (696'/30')= 23 - provided= 23 shrubs (696'/30'x 3 = 70 - provicled= 70 Quality of Materials: Complies. Plant materials shall be chosen for their screening qualities, The final landscape design will be reviewed by the beauty and durability. Plantings shall include a mixture of trees, Planning Division prior to the issuance of building shrubs and groundcwvers. All plant materials shall conform to or permits. exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Street Trees: Complies. City parkway areas shall be provided with groundcover and N/A - There are no requirements for parkway street trees as per City standards areas surrounding the site including street trees. 121 Barriers: Complies. Planting areas adjacent to vehicular activity shall be protected Curb is provided. Compliance with this by a continuous concrete curb or similar permanent barrier. requirement will be verified during plan check and field inspections. Sight Distances: Complies. Landscaping shall be located so as not to impede vehicular Per plans submitted, new landscaping will not sight distance in compliance with Section 20.30.130 (Traffic impede vehicular sight distance. Existing plantings Safety Visibility Area) and to the satisfaction of the Public Works at the corner of Superior Avenue and Placentia Director Avenue, which impede vehicular sight distance, are to be removed. This is conditioned and will be verified at plan check. Irrigation: Complies. All planting areas shall be provided with a permanent The irritation controller is to be replaced with a underground automatic sprinkler irrigation system of a design smart controller, per submitted landscape plans. suitable for the type and arrangement of the plant materials All existing overhead spray heads are to be selected. replaced with drip zone valves. The final design will be reviewed at plan check. Required Plans: Complies. The Director shall approve landscape planting and sprinkler Standard included in the recommended conditions irrigation plans and specifications before issuance of a building of approval permit, if appropriate. Maintenance of Landscaping: Complies. a. Landscape materials and landscaped areas shall be Conditions of approval are included to ensure maintained in compliance with the approved landscape compliance with these requirements. plan. b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. c. Landscaped areas shall be kept free of weeds and debris. d. Irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as art of regular maintenance. 122 Attachment No. PC 5 Draft Resolution for Denial 123 2�� RESOLUTION NO. PC2018-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. UP2017-007 FOR A TWO- STORY ADDITION TO AN EXISTING CONVENIENCE STORE, THE INTRODUCTION OF A TYPE 20 (OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND THE MODIFICATION OF LANDSCAPE STANDARDS FOR THE PROPERTY LOCATED AT 1461 SUPERIOR AVENUE (PA2017- 067) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Western States Engineering, Inc. ("Applicant'), with respect to property located at 1461 Superior Avenue, and legally described as Parcel 1 of Lot Line Adjustment 95-10, in the City of Newport Beach, County of Orange, State of California, Recorded March 21, 1996 as Instrument No. 960137624, Official Records ("Property'), requesting approval of a conditional use permit. 2. On October 19, 1995, the Planning Commission approved Use Permit No. UP3566 ("UP3566"), which authorized Union Oil to operate a service station, convenience store, and car wash at 1461 Superior Avenue. 3. The Applicant proposes a conditional use permit to expand an existing convenience store with a 1,668 -square -foot first floor addition and 2,219 -square -foot second floor addition with some deviations from landscaping requirements. The total convenience store area will be 4,416 square feet. The existing carwash and 12 fueling dispensers are to remain unchanged. The convenience store and fueling station would operate 24 hours daily. The carwash hours of operation are to remain unchanged at 8:00 a.m. to 6:00 p.m. daily. Also included in the request is the addition of a Type 20 (Off -Sale Beer and Wine) Alcoholic Beverage Control ("ABC') license. If approved, this Conditional Use Permit would supersede Use Permit No. UP3566. 4. The subject Property is located within the Commercial Neighborhood ("CN") Zoning District and the General Plan Land Use Element category is Neighborhood Commercial ("CN"). 5. The subject Property is not located within the coastal zone. 6. A public hearing was held on November 9, 2017 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach 125 Planning Commission Resolution No. PC2018-001 Paqe 2 of 3 Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. 7. Following the conclusion of public comments, the Planning Commission continued this item to January 18, 2018 to allow staff time to work with the Applicant to modify the building's scale and size to comply with the comments received during the public hearing 8. A public hearing was held on January 18, 2018 in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the expansion of an existing convenience store, increased hours of operation, and addition of alcohol sales are inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not compatible with allowed uses in the vicinity. 2. The applicant's request may increase alcohol-related crimes and calls for service and negatively impact police -related response. �9xi>t�[�7►[!•91x0169[0101 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit Application No. UP2017-007. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt: 04/14/10 120 Planning Commission Resolution No. PC2018-001 Paqe 3 of 3 PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JANUARY, 2018. AYES: NOES: ABSTAIN ABSENT: BY: M Peter Koetting, Chairman Erik Weigand, Secretary Tm plt 04/14/10 227 2--22 Attachment No. PC 6 Project Description 129 ISD Crager, Chelsea From: Joseph Karaki <jkaraki@westernsec.com> Sent: Tuesday, January 09, 2018 4:54 PM To: Crager, Chelsea; Florentino Mendoza Cc: Joseph Karaki Subject: RE: PA2017-067 76 Station Expansion - HOURS OF OPERATION Hello Chelsea, �EWPpRJ o®� Just wanted to amend the request of the hours of operation from 24/7 to keep it "as is" now from 6am- V }� 12am. �4toM1N� Please advise. Best Regards, onrF1sG Joseph Karaki I PRESIDENT i karaki(a)westernsec. com 4887 E. La Palma Ave I Suite 707 Anaheim, Ca 92807 T 714 695 9300 1 714 693 1002 1 F www.karakiws.com "Successful people always have two things on their lips Silence & Smile" Best Regards, From: Crager, Chelsea [mailto:ccrager@newportbeachca.gov] Sent: Tuesday, January 09, 2018 2:39 PM To: Florentino Mendoza <finendoza@westernsec.com> Cc: Joseph Karaki <jkaraki@westernsec.com> Subject: RE: PA2017-067 76 Station Expansion - HOURS OF OPERATION Thankyou CHELSEA CRAGER Community Development Department Assistant Planner ccraaerna newoortbeachca.00v eEL•II119S:Yiii CITY OF NEWPORT BEACH 131 K A R A K I I WESTERN STATES 4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807 T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM December 15, 2017 Project Name: 76 Superior Ave. Full Service Station & Carwash Project Address: 1461 Superior Ave., Newport Beach, CA 92633 Subject: Request for Conditional Use Permit to Expand Existing Convenience Store PROJECT DESCRIPTION AND JUSTIFICATION Karaki Western States Engineering, Inc. on behalf of KOKDA OIL, Inc. is requesting a Conditional Use Permit to the City of Newport Beach for the improvement (area increase) of the existing Convenience Store located in the existing 76 Full Service Station and Carwash at the West side corner of Superior Ave. and Placentia Ave. The objective of improving and expanding the existing building is to provide a quality service to their customers and improve image of the building and surrounding areas. There are no changes in the existing use of the property, which makes the project consistent with the current General Plans and Zoning (CN -Commercial Neighborhood). The existing fueling canopy (1,906 sq. ft.) and Carwash area (2,115 sq. ft.) will remain as they are. Only the retail space will increase its total gross area from 648 sq. ft. to 2,343 sq. ft. on the first floor plus a completely new second floor having an area of 1,613 sq. ft. for private office and storage area. The total gross area for the C -Store will be 3,956 sq. ft. The proposed building height is 24 feet, which is the minimum height necessary to accommodate HVAC requirements that runs between the first and second floors, within the first floor ceiling. The new proposal requires the addition of new parking spaces. 18 parking spaces are existing on site right now, as per municipal code 20 spaces will be required for the new improvement (1/200 sq. ft., see parking computation on Site Plan, AS -1.0). The total of parking provided is 23 stalls in the new layout. This also includes an upgrade of the existing ADA van accessible parking to comply with current code. We are also requesting the off sale of Beer & Wine (ABC License type 20) as part of this CUP. The new C -Store can better serve the surrounding community by providing its customers with the convenience of "one-stop" shopping. Beer and wine sales will not be a major staple at the 76/ C -store. Indeed, beer and wine sales are expected to account for only a small percentage of the reach -in coolers. Therefore, the proposed use will not adversely affect the adjoining land uses or the growth and development of the area. The selling of alcohol will be until 9pm only and from then the display coolers for the alcohol sales will be locked from 9pm onwards until closing time. The C store is currently operating from Gam to 12midnight and is being proposed to operate 24 hours /7 days a week in order to increase sales; with 2 full time employees and 4 part-time employees divided in 3 shifts. The existing Carwash service will continue operating with its current schedule, from 8 am to 6 pm (one shift) and 4 employees, serving from 125 to 150 cars per day. We don't anticipate any changes for the Carwash operation. 132 K A R A K I I WESTERN STATES 4887 E. LA PALMA AVE. STE 707 ANAHEIM CA 92807 T: 714-695-9300 F: 714-693-1002 WWW.WESTERNSEC.COM For more detailed information, see the following Project Data (also available on Site Plans sheet AS -1.0) PROJECT DATA C -STORE • Lot area: 43,531 sq. ft. (0.99 Acres) • Lot width: 254 feet • Lot Depth: 270 feet SETBACKS • (N) C -Store: Front: Required= 15-0", Provided= 50'-6" Interior: Required= 0'-0", Provided= 35'-2" • (E) Carwash: Front: Required= 30'-0", Provided= 80'-8" Interior: Required= 18'-0", Provided= 18'-2" • (E) Canopy: Front: Required= 5'-0", Provided= 19'-10" Interior: Required= 5-0", Provided= 40'-10" • (E) Service Islands: Front: Required= 20'-0", Provided= 29'-11" Interior: Required= 20'-0", Provided= 48'-4" • (E) Air & Water Dispenser: Front: Required= 10'-0", Provided= 165'-7" Interior: Required= 10'-0", Provided= 10'-10" BUILDING DATA • Total Gross Floor Area (1st and 2W floors of C -Store): 3,956 sq. ft. • Floor Area Ratio (including all buildings): 0.15 • Lot Coverage (including all buildings): 15.25% • Building Height: 24 ft. • Landscape: 19.5% (see Preliminary Landscape Plan) • Asphalt Paving: 40% • Concrete Paving: 21% • Parking: Required= 20, Provided= 23 • Number of Employees and Shifts (C -Store): 3 shifts, 2 full time and 4 part-time. • Number of Employees and Shifts (Carwash): 1 shift, 4 employees. • Hours of Operation (C -Store): 6am-12 midnight (existing); 24hours/7days (proposed) • Hours of Operation (Carwash): 8 am to 6 pm, 7 days a week (existing) • Use: Commercial 133 13� Attachment No. PC 7 Correspondence Letters 1.35 23a From: Campbell, James To: crater. Chelsea Subject: PRN: 76 Gas Station Expansion - Is this a Good Investment for West Newport Beach? Date: Monday, November 13, 2017 1:14:50 PM Attachments: imaoe001.Dnt imaue003.iDu FYI JAMES CAMPBELL Community Development Department Deputy Community Development Director icamobell(&ne woortbeachca. aov 949-644-3210 From: Peggy Palmer [mailto:pvpalmer@icloud.com] Sent: Sunday, November 12, 2017 7:02 PM To: Koetting, Peter <pkoetting@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Kleiman, Lauren <Ikleiman@newportbeachca.gov>; Kramer, Kory <I<kramer@newportbeachca.gov>; Lowrey, Lee <Ilowrey@newportbeachca.gov> Cc: Campbell, James <JCampbell@newportbeachca.gov> Subject: 76 Gas Station Expansion - Is this a Good Investment for West Newport Beach? November 12, 2017 The City of Newport Beach Planning Commission Department 100 Civic Center Drive Newport Beach, CA 92660 Re: 76 Station Expansion (PA2017-067) Dear Planning Commissioners, This letter is in regard to the 76 Station Expansion that was presented to the Planning Commission meeting on November 9, 2017, this business should facilitate its operation as a "dusk to dawn" operation. During the presentation, the Newport Beach Police Department made it quite clear that this particular area of West Newport has the highest crime rate within the City's parameters. 137 As a stakeholder of one of the adjacent properties, I can assure you that their statistics are accurate. Our community has been working very hard with the Police and Code Enforcement to clean- up this area and make it a better place to live. This area borderlines Costa Mesa and has had a propensity to channel more crime and transient activity into Newport Beach. According to the National Association of Convenience Stores, (NACS), Crime and Convenience store hold-ups account for about 6% of all robberies in the nation. Additional studies found an increasing trend as the number of alcohol outlets in an area rose and had a direct impact on neighborhood violence. For example, the following convenience stores are located within 300 feet of each other from property line to property line: Minute King 7 -Eleven 76 Gas Station Recently, developers have been investing millions of dollars to revitalize this area of West Newport Beach. This is the case of the Ebb & Tide development located at 1560 Placentia Ave., Newport Beach; MBK Homes has recently completed 81 detached luxury homes that begin at approximately $1,000,000.00. According to the developer these homes are almost sold -out and there is a residual waiting list of 121 applicants. We need to ask ourselves, if we are doing an injustice to the developers and the new homeowners by adding another convenience store that will be selling alcohol? Ironically, one of the most trending "Hipster" or "Counter Culture" places to dine are referred to as Gourmet Gas Stations, or also known as, " Park, Pump & Pig -Out." An example of this concept is the 76 Gas Station in Fullerton. This particular station has a deli that makes cold and hot food and they also have a mini - express spa onsite. It is located across the street from St. Jude Hospital and is enjoyed by the employees and visitors from the hospital who want to leave the hospital for fresh air and a quick lunch in a pleasant outdoor setting. Visit the website at: http://www.sunnyhiliscarwash.com "Let's challenge the applicant to bring added value to the community, by meeting the needs of the residents and in so doing provide a better quality of life for West Newport Beach." `7 personally, / think that a good cup of "Joe" yields more profits and less problems than a bottle of hooch. " Thank you, Peggy V. Palmer 1701 Kings Road Newport Beach, CA 92663 1.39 From: Ramirez. Brittany To: Craoer. Chelsea Subject: FW: Expanded 76 station on Placentia and Superior Date: Wednesday, November 29, 2017 4:04:23 PM Hi Chelsea, Please include this as an attachment to your staff report whenever this item goes back to PC. Thank you, BRITTANY RAMIREZ Community Development Department Administrative Specialist to the Community Development Director bramirez@newportbeachca.gov 949-644-3232 -----Original Message ----- From: Linda Mendenhall [mailto:linchuck&me.com] Sent: Tuesday, November 14, 2017 12:20 PM To: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Koetting, Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren <lkleiman@newportbeachca.gov>; Lowrey, Lee <Ilowrey@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Ramirez, Brittany <bmmirez@newportbeachca.gov>; Campagnolo, Daniel <DCampagnolo@newportbeachca.gov>; jurjis, Seimone <sjurjis@newportbeachca.gov> Subject: Expanded 76 station on Placentia and Superior Planning Commissioners, Please do not add more hinderance to traffic at the intersection of Placentia and Superior by allowing the expansion of the 76 Station. With all the new construction on Placentia and in the nearby Costa Mesa area we are having more traffic and don't need an additional complication because of cars entering and exiting a 2 story mega center and gas station. Thank you for your service, Linda Mendenhall Newport Crest Resident 140 From: Ramirez. Brittany To: Craoer. Chelsea Subject: FW: Stop the Proposed Expansion on Superior and Placentia Date: Wednesday, November 29, 2017 4:01:58 PM Attachments: imaae001.ona Hi Chelsea, Please include this as an attachment to your staff report whenever this item goes back to PC. Thank you, BRITTANY RAMIREZ Community Development Department Administrative Specialist to the Community Development Director bramirezB newoortbeachca. coy 949-644-3232 From: Jane Drew [mailto:docjanedrew@gmail.comj Sent: Monday, November 13, 2017 9:01 AM To: Kramer, Kory <kkramer@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Koetting, Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren <Ikleiman@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Zak, Peter <pzak@newportbeachca.gov>; Ramirez, Brittany <bra mi rez@ newportbeachca.gov>; Campagnolo, Daniel <DCampagnolo@newportbeachca.gov>; Jurl.is, Seimone <sjurjis@newportbeachca.gov> Subject: Stop the Proposed Expansion on Superior and Placentia Dear Commissioners, I am speaking against the proposed 4,000 sq foot expansion of the gas station/car wash on the corner of Superior and Placentia. This is a relatively quiet corner near Hoag Hospital and residential areas. Please keep noise and crime down by vetoing this expansion which includes a liquor store. Alcohol is sold just down the hill in the shopping area on the comer of PCH and Superior. Again, please do not endorse this expansion. Jane M Drew 6 Swift Court Newport Beach, CA 92663 949-645-5907 1-41 142 Attachment No. PC 8 Photometric Studies 144 I C I m,„m g�!7 mmm ,.e Ch i. u n. i. » ,. • � m v. ,. a. n i. a i. a. .. t� '•\u�: ya�F�l m e. .. ,. m e. rev mnv ,. ,v m s.. maS�tie Mnn �ni.�nC�� i. r. .> .za �e> r• n� nr ,. m m m m e. e. ,. m m ..rr�.. i. 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Ma m -t No. PL a -P,g Plare INIGAign L MMmc NOIFs', FX61PovMWTh4 yALsro L.�YL�N PRELIMINARY LANDSCAPE PLAN 76 GAS STATION & C-STOREe REMODEL NewnR F nMLx ML�nLou Lam OVERALL PLAN AswNate�s.l�ncs 159 76 GAS STATION C -STORE REMODEL 1661 SUPERIOR AVE, NEWPORT BEACH, CA. 97633 I FRONT ELEVATION (NORTH-EAST) Attachment No. PC 9 - Pmled Plans SIDE ELEVATION (SOUTH-EAST) Air ::RAK WS Attachment No. PC 9 - Pmled Plans 76 GAS STATION C -STORE REMODEL 1661 SUPERIOR AVE, NEWPORT BEACH, CA. 97633 FRONT ELEVATION (NORTH-EAST) REAR ELEVATION 76 GAS STATION C -STORE REMODEL 1461 SUPERIOR AVE, NEWPORT BEACH, CA. 92633 F1 F2 PNNTHWH PNNTFIN4 COLOR TO MATCH COLOR TO MATCH m 009! SW6092 'SENSATIONAL SANG- •OOHhVEIOH BEIGE' PNWFINM OOLORTOMATCH SWIM TOASTY' F4 Attachment No. PC 9 - Pmled Plans PNMT FIN6H MN TO MATCH S ]005 'PORE mw FRONT ELEVATION-NORTHIEAST COLOR & MATERIAL BOARD NOS! • [01055 • ISf V!(S M Y!• MINVIACIVSII'S SSODVCf SS[CISIC1510N55 PA201Y-06] 76 GAS STATION C -STORE REMODEL 1461 SUPERIOR AVE, NEWPORT BEACH, CA, 92633 Attachment No. PC 9 - Pmled Plans SIDE ELEVATION (NORTH-WEST) SIDE ELEVATION (SOUTH-EAST) PA201Y-06] 76 GAS STATION C -STORE REMODEL 1/61 SUPERIOR AVE, NEWPORT BEACH, CA. 92633 Attachment No. PC 9 - Pmled Plans PERSPECTIVE 1 Attachment No. PC 9 - Pmled Plans 76 GAS STATION C -STORE REMODEL 1661 SUPERIOR AVE. NEWPORT BEACH. CA. 92633 PERSPECTIVE 2 Planning Commission - January 18, 2018 Item No. 2a Additional Materials Received 76 Station Expansion (PA2017-067) Subject: FW: 76 Gas Station Expansion (PA2017-067) Attachments: Screen Shot 2018-01-15 at 1.09.08 PM.png From: Peggy Palmer <pvpalmer(c-1�,icloud.com> Date: January 15, 2018 at 3:02:58 PM PST To:<pkoetting(na,newportbeachca.gov>, City of Newport Planning Department <icampbellAnewportbeachca.gov>, <IlowreyAnewportbeachca.gov>, "Kleiman, Lauren" <lkleiman(d),,newportbeachca.gov>, Erik Weigand<eweigandnq,newportbeachca.g_ov>, Bill Dunlap <bdunlap(d)newportbeachca.gov>, <kkramer(cJ,newportbeachca.gov>, <pzak(&newportbeachca.gov> Cc: Brad Avery <baverykocc.cccd.edu> Subject: 76 Gas Station Expansion (PA2017-067) Dear Honorable Planning Commissioners, Recently, the 76 Gas Station located at 1461 Superior, Newport Beach, CA 92663 applied for an application to increase their operating hours, as well as, apply for a liquor license. Please let me point out a few statistics with regard to this area, the most recent Newport Beach Police report indicates that this area has twice the amount of calls for service than any other area in Newport Beach. This section is area 24 on the Newport Beach Police Vicinity Map. You can review and verify the calls for service compared with any other neighborhood on the following link: http://www.nbpd.org/crime/calls/may.asp According to the Community & Environmental Defense Services, (CEDS), convenience store, gas stations and vehicle repair facilities may provide benefits, they also can have a severe quality of life impact when allowed too close to homes and other inappropriate locations. It is critical to formulate a strategy to protect a neighborhood or environment from the impacts of an over - concentration of convenience stores: 1. 7/11 - Located art 1495 Superior Ave., Newport Beach, CA 92663 / Hours of Operation: 24/7 2. Minute King - Located at 1526 Placentia, Newport Beach, CA / Hours of Operation: 6:30 AM -10 PM 3. Circle K - Located at 4555 W. Coast Highway, Newport Beach, CA / Hours of Operation: 24/7 Please note the diagram below that illustrates the "peak hours" of these local convenience stores. Planning Commission - January 18, 2018 Item No. 2a Additional Materials Received 76 Station Expansion (PA2017-067) The data clearly suggests, that peak sales are in the morning and tapering off greatly after 9:00 PM. The City of Newport Beach needs to guide growth to locations where benefits are maximized with minimal harm to quality of life. These zoning ordinances should contain height limits, separation distances, use restrictions and other requirements that enhance compatibility. I am asking that the Planning Commission adopt an ordinance with regard to "Distance Requirements", this means that no on -sale or off -sale liquor establishment shall be maintained within 500 feet of any other on -sale or off -sale liquor establishment, or within 500 feet from the following `consideration points", residential, hospitals, clinics, churches, public parks and playgrounds and other similar uses. Crime A study of the relationship between violence of other factors found an increasing trend as the number of alcohol outlets in an area rose. The principle find from this study is as follows: "A larger number of alcohol outlets and a high rate of violence might be expected in poorer neighborhoods or in neighborhoods with a larger population of young people. But, as the research described above shows, even when levels of poverty and the age and the ethic background of residents are taken into account, a high density of outlets is strongly related to violence regardless of a neighborhood's economic, ethnic or age status. Please review the footage of just some of the criminal activity that was been reported at the residential property located at: 1421 Superior Ave., Newport Beach, CA 92663. This is an example of what our community and the Newport Beach Police Department have been trying to combat in West Newport Beach. https://www.dropbox.com/sh/wgloo'hwn7og767/AABhGFrlagKl RdFC8rjZbVaxa (Please note, there is a direct correlation and crime factor involved with those locations that allow multi pump stations with alcohol sales and this particular residential complex is just one of many residential complexes that are in direct proximity to the 76 Gas Station) In closing, we also need to consider lighting impacts, noise, property values, visual impacts, traffic and most of all community character. We have many new residential homes in the area that begin at a million plus dollars a unit, as in the case of the newly developed Ebb & Tide, this 81 unit complex is a beneficial new tax base for the City, as well as, an investment in our community by local developers. We need to ask ourselves, if we are doing an injustice to this area by selling more alcohol? Will more alcohol sales bring added value to the local residents and businesses? Will more alcohol sales continue to meet the needs of the surrounding community? Will more alcohol sales provide a better quality of life in West Newport Beach? Statically speaking, the answer is "No". Thank you for your time and for your consideration regarding this matter. Sincerely, Peggy V. Palmer (949) 887-2471 4 �0 (D SIM' 2 CC i C C w CL 0 CL f Planning Commission - January 18, 2018 Item No. 2a Additional Materials Received 76 Station Expansion (PA2017-067) Planning Commission - January 18, 2018 Item No. 2b Additional Materials Received At Meeting 76 Station Expansion (PA2017-067) UNIVERSAL PROPERTIES and MANAGEMENT, INC. January 18, 2018 Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: 76 Station Expansion — Project File No. PA2017-067 Opposition to Alcoholic Beverage Control License Dear Planning Commission: I am a resident of Newport Beach and the owner of 1501 Superior Avenue, a 3 story medical office building steps away from the 76 Station. Since we purchased 1501 Superior over 10 years ago, the patients, staff, nurses anc doctors at our medical office building have experienced ongoing harassment and disrespect from customers purchasing alcoholic beverages from the adjacent Minute King Liquor Store on Placentia and the 7 Eleven on Superior Avenue, including: - Drunken and disorderly conduct in the early morning and late afternoon - Vomit and feces at the building entrance and parking areas - Broken and leftover alcohol containers along with other trash. Please see the attached, example letters to the Newport Beach Police Department dating back many years. The uncivil behavior experienced is a direct result of alcoholic beverage purchases. I respectfully and strongly request that the Planning Commission not issue a third Alcohol License, because there are already two active licenses within 50 feet. A third license is unnecessary and would simply create a greater magnet for alcohol purchases, harassment and disrespectful behavior. Very truly yours, David Fishman President 129 West Wilson Street, Suite 101 - Costa Mesa, CA - 92627 - 949.646-3800 ph - 949-646-3801 fx 26400 West Twelve Mile Road, Suite 5 - Southfield, MI - 48034 - 248.352-9770 ph - 248-352-9790 fx Planning Commission - January 18, 2018 Item No. 2b Additional Materials Received At Meeting 76 Station Expansion (PA2017-067) Aft ® UNIVERSAL PROPERTIES rUand MANAGEMENT, INC. February 3, 2017 Officer Anthony Yim Police Department City of Newport Beac RE: PERMISSION TO ARREST TRESSPASSERS 1501 SUPERIOR AVENUE, NEWPORT BEACH, CA Dear Tony: I am an owner of the property located at 1501 Superior Avenue, Newport Beach, CA, and I am authorized to send this letter. Several tresspassers have been found on the above-mentioned property recently. After repeated attempts to remove them, we formally request that they be arrested if found on our property again. These tresspassers are Michael Turner and Mark Lance. Also, please ask officers in the department to patrol our property. There has been a marked increase in the number of drunken people sleeping at our property. Please contact me for any additional information. Thank you for your assistance. Sincerely yours, David Fishman President 129 West Wilson Street, Suite 101 - Costa Mesa, CA 92627 - (949) 646.3600 ph - (949) 6463801 fx 26400 West 12 Mile Road, Suite 5 - Southfield, MI 48034 - (248) 352-9770 ph - (248) 352-9790 fx Planning Commission - January 18, 2018 Item No. 2b Additional Materials Received At Meeting 76 Station Expansion (PA2017-067) November 6, 2017 =Yim We are the property management company for the Newport Superior Medical Plaza located at 1501 Superior Avenue, Newport Beach, CA 92663. We have had several incidents with a specific transient man who I am told is named Michael Turner. He frequently trespasses at our building, drinking, defecating on the property at the entrances and harassing tenants and patients of our tenants, he has even entered some of the Doctor's offices and lobby of our building. When he is asked to leave he is often times rude or combative. We are asking that you issue an official trespass warning so as to keep him off of the property. We appreciate your help and understanding in this matter. Please let me know if there are any further steps or information that is required from us. Thank you, Brooke J. Grey Universal Prroll and Management. Inc. 129 W. Wilson Street, #101 Costa Mesa, CA 92627 Tel. 949-646-3800 Fax 949-646-3801 Emergency Line/Cell: 949-610-5805 I jg(aluniversaIproop.com Planning Commission - Januarpapct of 1 Item No. 2b Additional Materials Received At Meeting 76 Station Expansion (PA2017-067) From: Maxine Rosenzweig t: Wed 10/30/2013 11:36 AM To: EPeberson@nbpd.org Cc: Subject: 1501 Superior Avenue, NB =Peterswon e requesting assistance from the NBPD at our properly at 1501 Superior Avenue. There ersons that sleep in our covered garage in actual parking spaces. We have female staff that arrive at Gam and find someone sleeping in their parking space. They are frightened to speak to the homeless person, and therefore cannot park in their space and go in to work. Management is not on the premises at that hour, and we are at a loss as to how to fix this problem. We are turning to the NBPD to give us some guidance. We have requested the NBPD increase their drive-thrus during the nighttime, but to no avail. Thank you for your attention and we look forward to hearing from you soon, Maxine Rosenzweig Universal Properties & Mgt., Inc. 129 W. Wilson Street, Suite 101 Costa Mesa, CA 92627 Tel: 949-646-3800 Fax:949-646-3801 https://remote.universalprop.com/exchange/mpr/Sent%20Items/1501 %20Superior"/o20Av... 10/30/2013 Planning Commission- January 18, 2018 Item No. 2b Additional Materials Received At Meeting 76 Station Expansion (PA2017-067) Newport'Beach Police Attn: David Sega RE: 1501 Superior Avenue Newport Beach, CA 92663 Gentlemen: Please be advised that we, as the property managers and owners of 1501 Superior Avenue, Newport Beach, CA, give the Newport Beach Police Department permission to arrest any persons or transients from our private property who do not have any business on the property, in the building or the parking structure until further notice. Very truly yours, L3r David Fishman President 129 WEST WILSON STREET ■ SUITE 101 ■ COSTA MESA, CA 92627 ■ (949) 646-3800 ■ FAX: (949) 646-3801 26400 WESTTWELVE MILE ROAD 0 SUITE 60 0 SOUTHFIELD, MI 48034 0 (248) 352-9770 ■ FAX: (248) 352-9790 76 Station Expansion Planning Commission Public Hearing January 18, 2o18 PAzo17-o67 Item No. 2c Planning Commission -January 18, 2018 Additional Materials Presented At Meeting 76 Station Expansion (PA2017-067) • IVL: U 9V-kIWI• Photometric Studies Decrease Height Decrease/Eliminate Second Story Rear Elevation Decrease Hours of Operation Item No. 2c Height Planning Commission -January 18, 2018 Additional Materials P t Meeting 76 Station 6c 7-067) Planning Commission -January 18, 2018 Item No. 2c - Additional Materials P t Meeting 76 Station Fac 7-067) Proposed Second Floor Plan Elevations ■1 if A39 Planning Commission -January 18, 2018 Item No. 2c - Additional Materials P t Meeting 76 Station 6c 7-067) ■ u Side Elevation Planning Commission -January 18, 2018 Item No. 2c - Additional Materlals P t Meeting 76 Station 6c 7-067) Planning Commission -January 18, 2018 Item No. 2c - Additional Materials P t Meeting 76 Station 6c 7-067) Street View If, Street View + Sam t Planning Commission -January 18, 2018 Item No. 2c - Additional Materials P t Meeting 76 Station 6c 7-067) Item No. 2c Parking Planning Commission -January 18, 2018 Additional Materials P t Meeting 76 Station 6c 7-067) Item No. 2c Landscape Modifications Planning Commission -January 18, 2018 Additional Materials P t Meeting 76 Station Bc 7-067) • • i Am.m.a.. 1 For more information contact: Chelsea Crager, Assistant Planner 949-644-3227 ccrager@a newportbeachca.gov www.newport�eachca.gov Planning Commission -January 18, 2018 Item No. 2c - Additional Materials Presented At Meeting 76 Station Expansion (PA2017-067)