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HomeMy WebLinkAboutPC2020-022 - RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2018-001 AND CONDITIONAL USE PERMIT NO. UP2016-025 FOR THE ADDITION OF A CAR WASH TO TRESOLUTION NO. PC2020-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2018-001 AND CONDITIONAL USE PERMIT NO. UP2016- 025 FOR THE ADDITION OF A CAR WASH TO THE EXISTING VEHICLE SERVICE STATION LOCATED AT 1600 JAMBOREE ROAD (PA2016-093) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by R & M Pacific Rim Inc. (“Applicant”), with respect to property located at 1600 Jamboree Road, and legally described as shown as Parcel 1 in the City of Newport Beach, on a map filed in Book 33, Page 50 of Parcel Maps in the office of the Orange County Recorder (“Property”) requesting approval of a car wash addition to an existing vehicle service station. The Project would require the approval of a general plan amendment and conditional use permit. 2. The Property is developed with a vehicle service station that was previously approved by Use Permit No. UP1495 in 1970 and amended in 1992 to add a convenience store. In 2014, Conditional Use Permit No. UP2011-028 was approved to allow the conversion of service bays into an expanded convenience store and also authorized the sale of alcoholic beverages. 3. The Applicant requests the following approvals from the City of Newport Beach (“City”): • Use Permit (UP2016-025) - An amendment to the existing conditional use permit (“CUP”) (UP2011-028) to permit the operation of an automated car wash and modify the car wash setback standard; • General Plan Amendment (GP2018-001) (“GPA”) - A general plan amendment to increase the 2,300-square-foot maximum development intensty of the site (Anomaly No. 62) to accommodate the 1,100-square-foot car wash addition (“Project”). 4. The Property is located within Commercial - Area 15 of the PC-8 (Big Canyon Planned Community) Zoning District and the City of Newport Beach General Plan (“General Plan”) Land Use Element category is CG (General Commercial). 5. The Property is not located within the coastal zone. 6. A public hearing was held on September 13, 2018 in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Government Code Section 54950 et seq. Planning Commission Resolution No. PC2020-022 Page 2 of 18 (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission continued the item to give the Applicant time to address concerns regarding noise, neighborhood outreach, and potentially revise the design of the car wash. 7. A telephonic public hearing was held on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. the (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The car wash addition is an accessory structure to the gas station that does not involve the use of hazardous substances and does not exceed 2,500 square feet in floor area. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq. require specific findings for either approval or denial of such amendments. 2. The Land Use Element of the General Plan designates the Property CG (General Commercial), which is intended to provide for a wide variety of commercial activities primarily oriented to serve citywide or regional needs. The Project is consistent with this designation. 3. General Plan Land Use Element Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re-use and infill with uses that are complementary in type, form, scale, and character. Policy LU 3.2 states that changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach’s share Planning Commission Resolution No. PC2020-022 Page 3 of 18 of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The GPA is consistent with General Plan Policy LU 3.2 as follows: a. The General Plan recognizes the existing site as CG (Commercial General), which allows gas stations to provide services to the surrounding neighborhood and visitors to the area. b. The Property was solely planned for service station use and related ancillary services with the adoption of the PC-8 (Big Canyon Planned Community) in 1981. The increased intensity would provide an economic stimulus needed to improve the existing service station with a car wash facility, remain competitive with other service stations, and provide a convenient service for the community. c. The Project is conditioned to include adequate landscaping and screening of equipment, providing a buffer between the service station site and adjacent residential areas. d. The Property is served by existing infrastructure and public services. The proposed increase in intensity will not necessitate any expansion of existing infrastructure. Adequate parking is provided for the service station with the proposed car wash and circulation has been reviewed by the City Traffic Engineer. The ITE Trip Generation Manual (10th Edition) includes car wash in the Gasoline/Service Station with Convenience Market land use description. Therefore, there is no increase in site specific vehicle trips that will impact the Level of Service at Jamboree Road and San Joaquin Hills Road. 4. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the Charter of the City of Newport Beach (“Charter”). If a GPA (separately or cumulatively with other GPAs within the previous ten [10] years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. a. The GPA is located in Statistical Area L2 and this is the second amendment that affects Statistical Area L2 since the General Plan update in 2006. The prior amendment, General Plan Amendment No. GP2007-008, was approved over ten (10) years ago on January 27, 2009, and is no longer tracked for Charter 423 purposes. Planning Commission Resolution No. PC2020-022 Page 4 of 18 b. The General Plan Amendment results in a 1,100-square-foot increase of nonresidential floor area, and a net increase of 3.3 a.m. peak hour trips and a net increase of 4.4 p.m. peak hour trips. No changes in density are proposed. c. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2018-001. 5. The addition of the accessory car wash use to the existing service station constitutes a major change in operations and requires the approval of a new conditional use permit. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits, Findings and Decision) of the NBMC, 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 General Plan and any applicable specific plan; Facts in Support of Finding: 1. The Property has a land use designation of CG (General Commercial) 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 are permitted uses within this land use designation. The proposed expansion to add the car wash is consistent with this designation and provides an additional vehicle-related amenity for the community. 2. The Property is not part of a specific plan area. Finding: B. 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: 1. The site is located in the PC-8 (Big Canyon Planned Community) Zoning District. Within PC-8, the Property is designated as Commercial - Area 15, which is intended solely for a service station and related amenities. The service station development is located at the intersection of two (2) major roads and will continue to provide services for visitors, residents and employees of businesses located within the area. 2. With exception of the car wash setback standard, the addition of the car wash is consistent with applicable design and development standards of Section 20.48.210 (Service Stations) of the NBMC. The car wash location meets the required thirty Planning Commission Resolution No. PC2020-022 Page 5 of 18 (30)-foot minimum setback on Jamboree Road and thirty (30)-foot minimum setback on San Joaquin Hills Road. The required setback of thirty (30) feet to the rear free-right-turn lane is proposed to be modified to fifteen (15) feet pursuant to Section 20.48.210(T)(2) (Permit and Review Procedures) of the NBMC related to service stations. See below Findings F, G, and H below. 3. The existing 49,984-square-foot site area of the Property exceeds the total minimum 29,549 square feet required for the fueling area, convenience store and car wash. The required parking is provided with an adequate queuing area for five (5) cars. Access and circulation of the service station site with the new car wash has been reviewed by the City Traffic Engineer. Landscaping that meets all of the required planting types and minimum areas for plantings will be implemented prior to the final of the building permit for the car wash. Additional planting is provided on the side walls of the car wash to provide a green screen to the adjacent street and residences above the service station site. 4. The existing gas station with the new car wash maintains all of the requirements for security, utilities, drainage and pollution control, lighting, screening of equipment, and refuse storage areas. 5. The car wash maintains the complementary site and architectural design of the existing service station consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The architectural style of the existing service station is a clean, modern, industrial look with white metal sheathing and simple lines. The convenience store and the service island canopy have consistent materials and architectural and design elements such as painted metal sheathing. The car wash building will have the same modern design and colors of the convenience store. A vine will be planted and trained along the car wash walls facing the rear one-way turn lane and the PC-8 (Big Canyon Planned Community) so that the mature growth will provide a green screen identical to the existing hydrogen fuel enclosure screening wall. Finding: C. 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 northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road. The Property is a triangular shape with street frontage on all sides. The surrounding area contains residential as well as regional commercial and business centers such as Fashion Island shopping mall and the Newport Center business area. The Property provides a convenient location for visitors to the Fashion Island shopping mall and Newport Center business area, as well as residents and employees of the neighboring areas to purchase fuel, wash their vehicles, and purchase convenience items. Conditions Planning Commission Resolution No. PC2020-022 Page 6 of 18 of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. 2. The size of the Property (1.15 acres) complies with the standards of Title 20 (Planning and Zoning) related to minimum land area for service stations. Vehicular access to the Property is provided via four (4) existing driveways: two (2) adjacent to Jamboree Road and two (2) adjacent to San Joaquin Hills Road. The Project is located and designed to provide adequate circulation and parking on-site for the service station, convenience store, and car wash. 3. The hours of operation of the service station and the convenience store are currently 6:00 a.m. to 11:00 p.m. The requested hours of the car wash operation are 7:00 a.m. to 10:00 p.m., and since noise from the carwash could affect nearby residents when traffic diminishes after the evening peak hour usage, a ceasing of the operation at 8:30 p.m. daily is warranted to promote compatibility of the use with nearby residences. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. 4. The Project is located at the intersection of two (2) major roads and it is also below the flight path of aircraft flying two and from John Wayne Airport. As a result, the general area surrounding the Project has a high ambient noise level. 5. The design of the car wash minimizes visual and noise impacts to nearby residents with the building wall and two (2), ten (10)-foot-long, sixteen (16)-feet- tall masonry block wing walls between the closest residents and the rear free- right-turn lane. The building and masonry walls will be improved with a green vine that will provide a green screen at mature growth. The building and block walls will have a split face exterior finish that will help to diffuse traffic noise from bouncing off the walls. Additionally, the car wash includes an automatic entry and exit door that will be closed during the washing of each vehicle. Due to the potential to add to the ambient noise that could affect nearby residents, no vacuum station is allowed. A noise study was prepared by Mike Holritz with Bridgenet International dated February 5, 2020. The noise study updates the projected noise, taking into account the new design with the ten (10)-foot-long, sixteen (16)-foot-tall wall extensions at the entrance and the exit of the car wash. The noise study concludes the projected noise levels of the car wash operation complies with Chapter 10.26 (Community Noise Control) of the NBMC. Finding: D. 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 Planning Commission Resolution No. PC2020-022 Page 7 of 18 Facts in Support of Finding: 1. The Project is located at the intersection of two (2) major roads. The Property is 1.15 acres which meets the minimum size requirements for service stations required by Title 20 (Planning and Zoning), and is large enough to provide adequate access, circulation and on-site parking to permit the car wash addition. 2. The Property 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 Project. 3. The improvements to the Property shall comply with all applicable Uniform Building Codes, Uniform Fire Codes and Public Works regulations regarding circulation and access. All ordinances of the City and all conditions of approval will be complied with. Finding: E. 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 has been in operation since 1970 pursuant to Use Permit No. UP1495, has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring uses. In 2014, Use Permit No. UP2011-028 was approved to expand the convenience store and add the Type 20 Alcoholic Beverage Control License. The existing uses have not proven detrimental to the area and has demonstrated compatibility with the neighborhood. The car wash will be an added amenity to the existing use. 2. As analyzed in the updated noise analysis prepared by Mike Holritz with Bridgenet International dated February, 5, 2020, the car wash as designed with two (2) automated doors and the two (2) ten (10)-foot-long, sixteen (16)-foot-tall- wing-walls projects noise well below the Community Noise Control limits pursuant to NBMC Chapter 10.26. There are conditions included in the resolution to ensure the design measures from the noise study are implemented. 3. Conditions of approval will ensure that potential conflicts with the surrounding land uses are minimized. 6. In accordance with Section 20.48.210(T)(2) (Permit and Review Procedures) of the NBMC related to service stations, the following findings and facts in support of the modification of the service station setback standard of thirty (30) feet from public rights- of-way for vehicle washing facilities are set forth: Planning Commission Resolution No. PC2020-022 Page 8 of 18 Finding: F. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section [Section 20.48.210 of the NBMC - Service Stations]; Facts in Support of Finding: 1. The intent of the large thirty (30)-foot setback for vehicle washing facilities is to locate these facilities toward the rear of a service station to an area that is least visible from the primary street frontages. However, in this case, the existing service station property is unique in shape, area and orientation due to the triangular shape with all three (3) sides along a public right-of-way. As such, this large setback applies on all three (3) sides, where typically this would only apply on one (1) frontage, or two (2) frontages in the case of a corner lot. 2. The site constraints create challenges to provide a service station with the services provided at other service station without providing relief from one (1) of the street setbacks. The existing service station property across San Joaquin Hills Road has a similar triangular shape but does not have the free-right-turn lane at the rear of the property line and is able to fit a car wash and convenience store. 3. The location of the proposed car wash meets the intent of this design setback by locating the car wash at the rear of the service station approximately one hundred twenty (120) feet back from the two (2) primary street frontages of Jamboree Road and San Joaquin Hills Road and behind the convenience store and fueling pumps. Although located within fifteen (15) feet of the free-right-turn lane, this segment of right-of-way is not a typical street and not considered street frontage for the service station. Finding: G. The project possesses compensating design and development features to achieve the purpose and intent of this section [Section 20.48.210 - Service Stations]; Facts in Support of Finding: 1. Automated car washes are a common service found at many modern service stations within the City. The car wash will provide approximately a one hundred twenty (120)-foot setback to both Jamboree Road and San Joaquin Hills Road. With the approved encroachment, the car wash will still provide fifteen (15) feet to the rear free-right-turn-lane. 2. The Project is only sixteen (16) feet tall. When the width of the free-right-turn lane and the fifteen (15)-foot setback are combined, the proposed car wash is Planning Commission Resolution No. PC2020-022 Page 9 of 18 approximately forty-four (44) feet away from the Big Canyon community and over one hundred (100) feet away from the nearest residence. 3. A noise analysis has been prepared and concluded that the car wash as designed with two (2) automated doors and two (2) wing wall extensions, projects noise well below the requirements set forth in Chapter 10.26 (Community Noise Control) of the NBMC. 4. A vine will be planted and trained along the car wash walls facing the rear one (1)-way turn lane and the Big Canyon Planned Community above, so that the mature growth will provide a green screen similar to the existing hydrogen fuel enclosure screening wall. It will appear as a natural transition to motorists traveling along the free-right-turn lane. Finding: H. 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 architectural style of the existing service station is a very clean, modern, industrial look with white metal sheathing and simple lines. The convenience store and the service island canopy have consistent materials and architectural and design elements such as painted metal sheathing. The car wash building will have the same modern design and colors of the convenience store. A vine will be planted and trained along the car wash wall facing the rear one (1)-way turn lane and the Big Canyon Planned Community so that the mature growth will provide a green screen identical to the existing hydrogen fuel enclosure screening wall. 2. The car wash will be located to the rear of the Property with the existing convenience store and service island canopies effectively screening the car wash from the intersection of Jamboree Road and San Joaquin Hills Road. 3. The existing trash enclosure is being re-located to be adjacent to the entry of the car wash, painted to match the car wash and convenience store, and includes a solid roof, which minimizes its visibility to the public. 4. The existing fuel tank vents (“EVR”) will remain within the landscaped area along San Joaquin Hills Road and are painted to match the structures on-site. New landscaping will provide additional screening and the vents will remain painted to blend in with the surrounding site. Glare is minimized from the recessed fixtures in the fueling station canopy. The exterior lighting throughout the site is concealed and directed away from adjacent properties to avoid glare and light. Planning Commission Resolution No. PC2020-022 Page 10 of 18 5. Access to the Property is provided via four (4) existing driveways, two (2) adjacent to Jamboree Road and two (2) adjacent to San Joaquin Hills Road. The driveways provide good on-site circulation. The existing drive aisles are wide and allow easy maneuverability throughout the site and provide sufficient on-site space for fuel delivery trucks so as not to disrupt circulation during deliveries. The design and location of the proposed car wash at the rear of the property will not interfere with the service station convenience store and fueling operation. Adequate parking pursuant to Title 20 (Planning and Zoning) is maintained for the convenience store. The queuing area at the entrance of the car wash is adequate for five (5) cars (meeting the minimum Code requirement). The queuing, entrance/exit locations, and location of the car wash have been reviewed by the City Traffic Engineer to verify adequate access and circulation. 6. The existing landscaped area at the corner of the Property will be improved with shrubs and trees, creating a prominent street corner landscape element that the Guidelines encourage. Landscaping will also be established in front of the existing storefront. Additional landscaping will be provided throughout the Property especially along the street frontages to meet the minimum landscaping requirements of the Zoning Code and to enhance the appearance of the overall site. All planting areas provide the three (3)-tier system of grasses and groundcovers, shrubs and trees, as encouraged by the Guidelines. The landscaping is conditioned to be completed prior to the final of the building permits. A vine will be planted and trained along the car wash walls facing the rear free-right-turn lane. 7. New signage is not proposed at this time but a condition of approval is included in the draft resolution, which requires new signs to comply with the sign regulations contained in NBMC Section 20.42.080(K)(3) (Service Station Signs). 8. The exterior areas of the property are adequately and not excessively lighted to provide security on the site. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends rescinding UP2011-028, approval of General Plan Amendment No. GP2018-001 attached herein as Exhibit “A” and Conditional Use Permit No. UP2016-025 to the City Council subject to the conditions set forth in Exhibit “B,” which is attached hereto and incorporated by reference. 2. If approved by the City Council, Resolution No. 1929 adopting Use Permit No. UP2011- 028 are superseded and the rights authorized by this Use Permit shall become null and void. Planning Commission Resolution No . PC2020-022 Page 11 of 18 PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF JULY, 2020. AYES : NOES : ABSTAIN : Ellmore , Klaustermeier , Kleiman , Lowrey , Rosene , and Weigand Koetting BY: ~2 --L-a-ur_e_n_K-le_i_m_afl~n~, S-e-c-re_t_a_ry_ Planning Commission Resolution No. PC2020-022 Page 12 of 18 EXHIBIT “B” CONDITIONS OF APPROVAL 1. This resolution supersedes Use Permit No. UP2011-028, which upon vesting of the rights authorized by this application, shall become null and void upon Use Permit No. UP2016-025 becoming final and effective 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 plans, building elevations, and landscaping plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 4. Hours of operations for the service station, including convenience market, shall remain 6:00 a.m. to 11:00 p.m., daily. The hours of operation for the car wash station shall be 7:00 a.m. to 8:30 p.m., daily. 5. Pursuant to the Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020, the car wash design must meet all of the design measures for the specifications of a RYKO Soft Gloss MAXX system on page 16 of the analysis including the location of the equipment, automated doors and identical building design (walls and roof) to the Arco Facility used in the analysis. The automated entrance and exit doors shall be closed at all times during the entire car wash and drying process. If at any time these doors are not operational, the entire car wash shall cease operation until such time the doors are fully functional. The car wash structure shall also include two (2) wing-walls, ten (10) feet long, sixteen (16) feet tall at the entrance and exit of the car wash designed pursuant to the design measures included in the noise analysis, including the use of the split-faced block. 6. An exterior on-site vacuum 7. shall be prohibited. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Planning Commission Resolution No. PC2020-022 Page 13 of 18 Commercial Property N/A 65dBA N/A 60dBA 9. The wall of the car wash structure including the wing-wall extensions facing the free-right- turn lane shall be planted with the vines from the approved landscape plan. At mature growth these vines shall provide a screen of the car wash wall from the free-right-turn lane and from Big Canyon Planned Community. 10. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 11. The EVR shall remain screened and painted to blend in with the landscaping and existing structures on-site. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Use Permit No. UP2016-025 shall expire unless exercised within twenty four (24) months from the date of approval as specified in Section 20.54.60 (Time Limits and Extensions) , of the NBMC unless an extension is otherwise granted. 18. 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. Planning Commission Resolution No. PC2020-022 Page 14 of 18 19. If queuing for the car wash exceeds more than five (5) vehicles, all other vehicles shall be diverted to not impact internal circulation. 20. A sign shall be installed near the entry of the carwash advising vehicle operators to avoid blocking access to and from Jamboree Road driveways or otherwise significantly impeding on site vehicle circulation. The sign message and its location shall be subject to the review and approval of the City Traffic Engineer and Planning Division staff. Said sign shall be installed prior to car wash operations and shall be maintained indefinitely. . 21. 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.). 22. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 23. 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 twenty (20) feet above the existing grade. 24. Prior to the issuance of a building permit, the Applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 25. 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. 26. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 27. The project shall comply with Chapter 14.17 (Water Efficient Landscaping) of the NBMC, 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. 28. All landscape materials, landscaped areas, and irrigation systems shall be installed and maintained in accordance with the approved landscape plan and Zoning Code Section 20.48.210(N). All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas Planning Commission Resolution No. PC2020-022 Page 15 of 18 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. 29. All landscaping shall be planted pursuant to the approved landscape plan. Any changes shall be reviewed and approved by the Planning Division. 30. 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. 31. Reclaimed water shall be used whenever available, assuming it is economically feasible. 32. New landscaping shall incorporate drought-tolerant plant materials and drip irrigation systems where possible. 33. 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. 34. No outside paging system shall be utilized in conjunction with this establishment. 35. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 36. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 37. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. 38. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 39. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. Planning Commission Resolution No. PC2020-022 Page 16 of 18 40. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 41. 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. ALCOHOL SALES 42. 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, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 43. All exits shall remain free of obstructions and available for ingress and egress at all times. 44. 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 one hundred eighty (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. 45. No alcoholic beverages shall be sold between the hours of 11:00 p.m. and 6:00 a.m. 46. 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. 47. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 48. 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 (2) feet square with two (2)-inch block lettering. The sign shall be printed in English and Spanish. Planning Commission Resolution No. PC2020-022 Page 17 of 18 49. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 50. Beer, malt beverages, and wine coolers in containers of sixteen (16) ounces or less shall not be sold by single container but must be sold in manufacturer pre-packaged multi-unit quantities. 51. Wine shall not be sold in bottles or containers smaller than seven hundred fifty (750) milliliters. 52. No person under the age of twenty-one (21) shall sell alcoholic beverages. Alcohol beverages shall not be delivered from premises. 53. The owner shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter at all times. BUILDING 54. Plans must illustrate compliance with Section 11B 202.4 California Building Code and Chapter 11B for new construction. 55. Plans must indicate sand and oil interception construction requirements. 56. Full access compliance is required throughout the project building. See CBC Chapter 11 for specific requirements. CONTRUCTION 57. A list of “good housekeeping” practices shall be conducted 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). ENVIRONMENTAL 58. 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 CUPA regulations and policies. 59. 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 Planning Commission Resolution No. PC2020-022 Page 18 of 18 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 the Shell Service Station Car Wash Addition including, but not limited to, General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 (PA2016-093) 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.