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HomeMy WebLinkAboutPC2018-001 - CUP TO SUPERCEDE UP3566 AND APPROVE A TWO-STORY ADDITION TO AN EXISTING CONVENIENCE STORE, THE INTRODUCTION OF A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AND THE MODIFICATION OF LANDSCAPE STANDARDS - 1461 SUPERIOR AVENUERESOLUTION 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. 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. 1f 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. PC2018-001 Paae 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: Finding 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 Planning Commission Resolution No. PC2018-001 Paqe 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. 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. 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 Planning Commission Resolution No. PC2018-001 Paae 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 oonvenience 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: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 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 Planning Commission Resolution No. PC2018-001 Paae 5 of 15 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 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 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 Planning Commission Resolution No. PC2018-001 Paae 6 of 15 4. The Applicant has submitted a lighting plan that shows compliance with NEMC Section 20.30.070 (Outdoor Lighting) and no excessive lighting impact to residential neighbors. 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 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. 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 Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Page 7 of 15 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: 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. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paae 8 of 15 Facts in Support of Findin 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 Wafter 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. 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 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 WELO. Irrigation will be updated to drip zone valves where possible to increase water efficiency. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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 or call for review is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paqe 9 of 15 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: Koetting, Weigand, Dunlap, Kleiman, Lowrey NOES: None ABSTAIN: Zak ABSENT: Kramer M M Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paqe 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 Planning Commission Resolution No. PC2018-001 Paae 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) shag 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 Planning Commission Resolution No. PC2018-001 Paae 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. Alcohol sales shall be limited to 6:00 a. m. to 10:00 p. m., daily. 24. The sale or service of single -serving alcoholic beverages shall be prohibited. 25. Fueling stations shall be silent after 10:00 p.m., including the silencing, of buttons and the prohibition of gas pump TV/LED advertising. 26. 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.). 27. 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. 28. The outdoor storage of auto related parts of merchandise shall be prohibited on-site. 29. All employees shall park on-site at all times. 30. 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 31. 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. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paae 13 of 15 Manufactures installation specifications, which include model number, listings for car charging equipment shall be included within the plan review. 32. Required fire flow needs to be determined. Consult Newport Beach Fire Department Guideline 8.01 for determination of required fire flow. 33. 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. 34. 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 35. 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 NEPA 13. Throughout would include the car wash unless the car wash is separated by a firewall from the convenience store. 36. 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. 37. 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 38. 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. 39. CFC Sec. 5307.5.1 mechanical ventilation shall be in accordance with the California Mechanical Code and shall comply with all of the following: Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paae 14 of 15 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. c. The ventilation system shall be designed to operate at a negative pressure in relation to the surrounding area 40. 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. 41. 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 42. All improvements shall be constructed as required by Ordinance and the Public Works Department. 43. Reconstruct all damaged/broken curb, gutter, sidewalk and driveway approaches along the Superior Avenue and Placentia Avenue frontages per City Standard. 44. 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. 45. An encroachment permit is required for all work activities within the public right of way. 46. 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. 47. All on-site drainage shall comply with the latest City Water Quality requirements. 48. 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. 49. 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. Tmplt: 04/14/10 Planning Commission Resolution No. PC2018-001 Paae 15 of 15 50. All driveways, including landscaping adjacent to driveways, shall comply with the City's sight distance standard STD -110-L. 51. The business shall comply with NBMC Title 20 (Zoning Code) and any other applicable provisions of the NBMC. 52. 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. 53. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 54. No alcoholic beverages shall be sold between the hours of 2:00 a.m. and 6:00 a.m. 55. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 56. 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. 57. 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. 58. 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