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HomeMy WebLinkAbout1893 - APPROVE CUP_ 2121 BRISTOL STREETRESOLUTION NO. 1893 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2012 -012 FOR A NEW CONVENIENCE MARKET, AN ADDITIONAL CAR WASH BAY NEXT TO AN EXISTING RENOVATED CAR WASH BAY, A NEW CANOPY AND DISPENSERS, A TRASH ENCLOSURE WITH RECYCLING BINS, THE INTRODUCTION OF OFF -SITE BEER AND WINE SALES (TYPE 20), AND DEMOLITION OF SERVICE BAYS AT AN EXISTING SERVICE STATION LOCATED AT 2121 BRISTOL STREET (PA2012 -073) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chevron Products Co., with respect to property located at 2121 Bristol Street, and legally described as shown on a map filed in Book 179, Page 48 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to construct the following: a 2,945 - square -foot convenience store, an additional car wash bay next to an existing renovated car wash bay, a new canopy with five new dispensers, and a trash enclosure with recycling bins. Demolition would include three service bays, a snack shop, an existing canopy and six dispensers. The existing underground storage tanks and the Healy clean air system will remain. Also included in the request is a Type 20 (Off Sale Beer & Wine) ABC license. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 23, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. At this meeting the Planning Commission continued this item until September 6, 2012. 6. A public hearing was held on September 6, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. At this meeting the Planning Commission continued this item until September 20, 2012. Planning Commission Resolution No. 1893 Page 2 of 15 7. A public hearing was held on September 20, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 32 (In -fill Development Projects). Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The subject property has a land use designation of General Commercial (CG) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel /service stations, convenience stores, and car washing facilities are permitted uses within this land use designation. The property is located within the Commercial General (CG) Zoning District. The convenience market and automated car wash uses are permitted as accessory uses to the service station with approval of a conditional use permit (CUP). (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is located at the intersection of Irvine Avenue and Bristol Street, which are designated as "major roads" in the Circulation Element of the General Plan. This site is 39,956 square feet (0.92 acre) in area and is completely surrounded by urban uses. The Del Taco parking lot is directly adjacent the southeast property line. Adjacent the southwest property line are two parcels (under common ownership). The parcel fronting on Irvine Avenue is developed with a mini mart and the land locked property to the rear is developed with a vacant commercial office building which is currently being used for private storage by the mini mart owner. (c) The project site has no value as habitat for endangered, rare or threatened species. The site is currently fully developed with an existing service station and paved surface parking lot, and does not contain any habitat for endangered, rare or threatened species. Vegetation that exists on -site consists of non - native ornamental landscaping. Tmplt: 04/14110 Planning Commission Resolution No. 1893 Page 3 of 15 (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Traffic: Per comments from the Public works Department, the proposed project will not result in additional trip generation per ITE standards. Noise: The proposed redevelopment of the existing service station and addition of an automated car wash bay will not generate a substantial increase in noise levels as compared to the existing service station operation. The car wash bays have been designed and hours have been limited to 7:00 a.m. to 10:00 p.m. to comply with the noise ordinance. Air Quality: The addition of the car wash bay and larger convenience store will not result in an overall increase in the average daily trips (ADT) to the site. The applicant expects construction to take place in two phases. The first phase will take approximately 3 months and the second phase will take a maximum 3 months. The project will be conditioned to comply with the regional AQMP established by the SCAQMD. This will ensure that any construction impacts are minimized. Water Quality: The applicant has completed a Water Quality Management Plan (WQMP) and will be required to comply with all requirements of the Zoning Code and Municipal Code related to water quality. (e) The site can be adequately served by all required utilities and public services. Sewer collection and wastewater treatment services are provided by the City of Newport Beach and the Orange County Sanitation District. All utilities (i.e. electricity, natural gas, and telephone) are currently available and serve the existing site. Fire and police protection facilities and services are located off of Jamboree Road on Santa Barbara Drive. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, 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. Tmplt: 04/14110 Planning Commission Resolution No. 1893 Page 4 of 15 Facts in Support of Finding A. -1. The project has been reviewed and conditions of approval are included 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. The service of beer and wine is intended 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. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, 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 B. -1. The subject property has a land use designation of General Commercial (CG) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel /service stations, convenience stores, and car washing facilities are permitted uses within this land use designation. The service station, proposed remodel, and addition of car wash bays are consistent with this designation. B. -2. The service station development is located adjacent to Irvine Avenue and Bristol Street, which consist of six lanes each. Bristol Street provides a major transportation route connecting with the 73 Freeway. The proposed 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. B. -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; Facts in Support of Finding C. -1. The site is located in the Commercial General (CG) Zoning District. The CG zoning district is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve City -wide or regional needs. The proposed service station development is located at the intersection of two major roads and will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Paqe 5 of 15 Findinq 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 D. -1. The subject site is located at the southeast corner of the intersection of Bristol Street and Irvine Avenue. The site is surrounded by commercial properties. The site provides a convenient location for visitors to the area, residents and employees of the neighboring areas 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. D. -2. The size of the site (0.92 acres) complies with the standards of the Zoning Code related to minimum land area for service stations and car washing facilities and vehicular access to the site is provided via four existing driveways, two adjacent to Irvine Avenue and two adjacent to Bristol Street. The project is located and designed to provide adequate circulation and parking on -site for the service station, convenience market area, and the car wash bays. D. -3. The hours of operation of the service station and convenience market, currently 24- hours, seven - days -a -week, will remain the same. The original use permit did not limit the hours of operation for the service station. It has been operating 24- hours, seven - days -a -week for an indeterminate time and has 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. D.4. The automated car wash bays will be located at the rear of the site where the existing car wash has been located since 1987 to provide adequate circulation and parking. 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 7:00 a.m. until 10:00 p.m. to comply with the City's exterior noise standards. 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 E. -1. The project is located at the intersection of two major roads. The area of the site (0.92 acres) meets the minimum size requirements for service stations required by the Zoning Code, and is large enough to provide adequate access, circulation and on -site parking to permit the new convenience store and two car wash bays. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Page 6 of 15 E. -2. The subject site is developed with the existing service station operation and there is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. E. -3. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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 F. -1. The existing service station has been in operation since 1982 pursuant to Use Permit No. 3010 (which was for reconstruction of the older service station), has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring commercial uses. Furthermore, Use Permit No. 3010 A. was approved in 1987 for the addition of an automated car wash which also has not proven detrimental to the area and has demonstrated compatibility with the neighborhood. F. -2. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding commercial land uses are minimized to the greatest extent possible. F. -3. The automated car wash bays will be 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 7:00 a.m. until 10:00 p.m. to comply with the City's exterior noise standards. F.4. The 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 any impacts to the surrounding area, which are related to the sale of alcohol from the convenience store. Facts in Support of Finding G. -1. The overall site plan and architectural design of the existing service station and proposed car wash operation are consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Page 7 of 15 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. UP2012 -012, subject to the conditions set forth in draft resolution, which is attached hereto and incorporated by reference. 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 201h DAY OF SEPTEMBER, 2012. AYES: Brown, Hillgren, Kramer, Myers, Toerge, and Tucker NOES: Ameri ABSTAIN: None ABSENT: None M m Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Paqe 8 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. This resolution supersedes Planning Commission Use Permit Nos. UP3010 and UP3010 A, which upon vesting of the rights authorized by this application, shall become null and void six months following the issuance of building permits for the proposed project. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the approved site plan, floor plan(s), and building elevation(s) stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 4. Hours of operations for the car wash shall be limited to 7:00 a.m. until 10:00 p.m. daily. The hours of operation of the service station and convenience market (24 hours -a -day, 7 days -a -week) are permitted to continue. 5. The existing fuel tank vents (EVR) shall be screened and painted to blend in with the landscaping and existing property line wall. 6. This Use Permit may be modified or revoked by the City Council or 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. 7. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 8. 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. 9. 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. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Page 9 of 15 10. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 11. Use Permit No. UP2012 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 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. NOISE 13. As recommended in the noise study, the renovated car wash and additional bay shall be improved with the Noise Silencer Package. LIGHTING 14. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with 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. 15. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified per condition of approval LIGHTING, No.14. An additional photometric study may be required by the Code Enforcement Department. SIGNAGE 16. New signs or changes to existing signs shall comply with sign regulations required in Zoning Code Section 20.42.080.K.3 (Service Station Signs), as well as City Standard 110 -L to ensure adequate sight distance. If there is conflict between the proposed plans and the Zoning Code, the Zoning Code shall prevail. LANDSCAPING 17. The plant palette of the new landscaping shall be complimentary to the palette provided by the Bristol Street South Landscape Revitalization Project approved by City Council on January 10, 2012. The final landscaping plan shall be subject to review and approval by the Planning Division prior to issuance of a building permit. 18. The project shall comply with Chapter 14.17 (Water Efficient Landscaping) of the Municipal Code, if applicable. The Planning and Building Divisions shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Paqe 10 of 15 19.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. 20. 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. 21. Reclaimed water shall be used whenever available, assuming it is economically feasible. 22. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 23. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. ALCOHOL SALES 24.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25.All exits shall remain free of obstructions and available for ingress and egress at all times. 26.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. 27. No alcoholic beverages shall be sold between the hours of 2:00 a.m. to 6:00 a.m. 28. 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. Tmplt 04/14110 Planning Commission Resolution No. 1893 Paqe 11 of 15 29. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 30. The applicant shall post and maintain a professional quality sign facing the premise's parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be printed in English and Spanish. 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 32. Beer, malt beverages, and wine coolers in containers of 16 oz. or less shall not be sold by single container, but must be sold in manufacturer pre - packaged multi -unit quantities. 33. Wine shall not be sold in bottles or containers smaller than 750 ml. 34. No person under the age of 21 shall sell or deliver alcoholic beverages. VEHICLE USES 35. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. 36. Building permits and plan review are required for each structure. 37.AII work shall comply with the current California Building Code (CBC) and related codes at the time of plan submittal. 38. The renovated car wash may be subject to CalGreen compliance for existing nonresidential buildings as required by CalGreen Section 5.701. 39. Full access compliance is required throughout the project buildings, site work and pump islands. See CBC 11018 and 1101C for specific requirements. FIRE 40.Any aboveground or underground vent piping removal must be disposed of in accordance with federal and state regulations. California Fire Code Section 3404.2.14.2 Tmpit: 04/14/10 Planning Commission Resolution No. 1893 Page 12 of 15 41.An underground tank inventory control and leak detection system must be provided for the existing underground tanks upon construction of the new dispensers and structure. C.F.C. Chapter 34. 42. New dispensing devices must be protected as per C.F.C. Sec. 2203.1.1. 43. An emergency disconnect switch for exterior fuel dispensers must be provided as per C.F.C. Sec. 2203.2. 44. Dispensing operations must comply with C.F.C. Sec. 2204 and 2205. 45. A fire extinguisher with a minimum rating of 2A 20BC shall be provided and located such that an extinguisher is not more than 75 -feet from pumps, dispensers, and car wash. In addition, a 2A 1013C fire extinguisher will be required in the convenience store with a travel distance no to exceed 75 -feet to an extinguisher. C.F.C. Sec.2205.5. 46. A Knox box which contains building keys will be required with the new construction of the convenience store. PUBLIC WORKS /UTIILITIES 47. Prior to issuance of the certificate of occupancy or final of building permits, reconstruct the existing and /or otherwise damaged concrete sidewalk panels along the Bristol Street and Irvine Avenue frontages. 48. Prior to issuance of the certificate of occupancy or final of building permits, reconstruct the existing broken and /or otherwise damaged concrete curb and gutter along the Bristol Street and Irvine Avenue frontages. 49. Prior to issuance of the certificate of occupancy or final of building permits, a minimum 12 -inch wide by 12 -inch deep full depth asphalt concrete patchback is required against the new edge of gutter along the length of all curb and gutter and curb access ramp reconstruction work. Tack coat all joint surfaces prior to patchback placement. 50. Upon reconstruction of broken and /or otherwise damaged sidewalk, curb and gutter, along Bristol Street and Irvine Avenue, the existing curb access ramps shall be upgraded to current ADA standards prior to issuance of the certificate of occupancy or final of building permits. 51. All existing overhead utilities shall be undergrounded. 52. Prior to issuance of the certificate of occupancy or final of building permits, all existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 53. An encroachment permit is required for all work activities within the public right -of -way. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Pape 13 of 15 54. The construction plans shall depict the parking layout consistent with City standard STD - 805-L-A and STD - 805 -L -B. One -way drive aisles shall be a minimum of 14 feet wide. Two -way drive aisles shall be a minimum of 26 feet wide. 55. Prior to issuance of permits, final parking and circulation design shall be subject to further review by the City Traffic Engineer. 56. Site access shall be designed to comply with the City's sight distance standard STD -110- L. 57. Prior to the issuance of building permits, the applicant shall work with the Traffic Engineer to reduce the width of the existing driveway along Irvine Avenue, closest to the intersection of Irvine Avenue and Bristol Street. The width of the driveway shall be reduced from 39 -feet, 6- inches to 25 -feet (the minimum required for two -way traffic). The area of the closed driveway shall be replaced by additional landscaping. The final circulation design and landscape plans shall be approved by the City Traffic Engineer and the Community Development Director. CONTRUCTION 58. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department, if required. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes; and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 59. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation, if required. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 60.A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 61. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: a. Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Pape 14 of 15 • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. b. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 5 minutes for trucks and heavy equipment. 62. Prior to issuance of final grading permits, the applicant shall prepare a final Project Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 63.A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. ENVIRONMENTAL 64. Prior to the issuance of grading or building permits, the applicant shall submit written documentation from the Orange County Department of Environmental Health, the Certified Unified Program Agency (CUPA) for Orange County, verifying that the project site is in compliance with all applicable Underground Storage Tank (UST) requirements, that the project site has passed any applicable UST site pollution testing and that the repair, maintenance and removal of any existing USTs is being performed in accordance with Orange County Department of Environmental Health (CUPA) regulations and policies. 65.Additional samples shall be collected beneath removed features (hydraulic lifts within service bays and clarifier) and analyzed for SVOCs (by EPA method 8270) VOCs (by method 8260B), and TPH (CC1D by EPA method 8015). Results shall be submitted within 45 days of sampling activity. Impacted results could require additional assessment or removal. 66. 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 Tmplt: 04/14/10 Planning Commission Resolution No. 1893 Paqe 15 of 15 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 the (Bristol Chevron Service Station) project including, but not limited to, (Use Permit No. UP2012 -012) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Tmplt: 04/14/10