HomeMy WebLinkAbout2021-117 - Upholding the Decision of the Planning Commission and Approving Conditional Use Permit No. UP2019-004 and Coastal Development Permit No. CD2019-005, which Supersedes Conditional Use Permit No. UP1580, to Remodel and Expand an Existing ConvenienRESOLUTION NO. 2021-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE
DECISION OF THE PLANNING COMMISSION AND
APPROVING CONDITIONAL USE PERMIT NO. UP2019-
004 AND COASTAL DEVELOPMENT PERMIT NO.
CD2019-005, WHICH SUPERSEDES CONDITIONAL USE
PERMIT NO. UP1580, TO REMODEL AND EXPAND AN
EXISTING CONVENIENCE STORE INCLUDING A
WAIVER OF SOME SERVICE STATION DEVELOPMENT
STANDARDS AND THE INTRODUCTION OF A TYPE 20
(OFF -SALE BEER AND WINE) ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR THE PROPERTY LOCATED
AT 2201 EAST COAST HIGHWAY (PA2019-027)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, on February 17, 1972, the Planning Commission of the City of Newport
Beach ("City") approved Use Permit No. UP1580 ("UP1580") which authorized Union Oil to
operate a service station, including vehicle repair, at 2201 East Coast Highway and legally
described Lots 1, 2, and 3 of Tract 682, in the City of Newport Beach, County of Orange,
State of California, as shown on a map recorded in Book 20 Page 19 of Miscellaneous
Maps, in the Office of the County Recorder of said County ("Property");
WHEREAS, an application was filed by Hamid Kianipur ("Applicant") with respect to
the Property;
WHEREAS, the Applicant seeks a conditional use permit (UP2019-004) and coastal
development permit (CD2019-005) to allow the remodel of an existing service repair station
and convenience market, including the addition of 232 square feet, to operate solely as a
convenience market ("Project");
WHEREAS, the Project requires deviations from minimum lot size, setbacks for the
retail building and air/water dispenser, and minimum landscaping requirements pursuant to
Section 20.48.210 (Service Stations) of the Newport Beach Municipal Code ("NBMC") and
a Type 20 (Off -Sale Beer and Wine) license with the Alcoholic Beverage Control ("ABC")
license;
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WHEREAS, the Property is designated CC (Corridor Commercial) by the General
Plan and located within the CC (Commercial Corridor) Zoning District;
WHEREAS, the Property is designated CC -B (Corridor Commercial) (with a floor
area ratio of 0.0 to 0.75) by the Coastal Land Use Plan and located within the CC
(Commercial Corridor) Coastal Zoning District;
WHEREAS, the Planning Commission held a public hearing on October 7, 2021,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 20.62
(Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2021-029 by a majority vote (6 ayes, 1 nay) approving Project subject
to additional conditions of approval for the Project including limiting the sale of alcohol
beyond 9:00 p.m.;
WHEREAS, on October 12, 2021, City Council Member Joy Brenner filed a Call
for Review of the Planning Commission's decision to the City Council; and
WHEREAS, the City Council held a de novo public hearing on November 16, 2021,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act, and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the decision of the Planning
Commission and determined that modifications to the Project made by the City Council,
if any, are not major changes that require referral back to the Planning Commission for
consideration and recommendation.
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Section 2: The City Council does hereby uphold the Planning Commission's
approval of Use Permit No. UP2019-004 and Coastal Development Permit No. CD2019-
005, subject to the conditions of approval set forth in Exhibit "A," which is attached hereto
and incorporated herein by reference. Use Permit No. UP2019-004 supersedes Use
Permit No. UP1580, which shall become null and void upon vesting of the rights
authorized herein.
Section 3: In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC,
the following finding and facts in support of finding for Use Permit No. UP2019-004 are
set forth as follows:
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 Project is consistent with Section 20.48.030 (Alcohol Sales) of
the NBMC, the following criteria must be considered:
1. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
a. The Property is located in Reporting District 44 (RD 44). Part One Crimes
are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide,
rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson. In 2020,
there were 103 Part One crimes in RD 44, which is more than nearby reporting districts
RD 42 and RD 43, which are predominantly residential with some commercial areas. The
Part One Crime Rate in RD 44 is lower than adjacent reporting district RD 39, which
includes Newport Center but is higher than the Citywide average.
b. The Newport Beach Police Department ("NBPD") has reviewed the Project,
provided operating conditions of approval, and did not object to the addition of the Type
20 alcoholic beverage license subject to all conditions of approval including limits on the
hours for alcohol sales (6:00 a.m. to 11:00 p.m., daily). However, the Planning
Commission further limited the sale of alcohol to 9:00 p.m.
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2. The number of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
a. Alcohol related arrests in RD 44 make up 17 percent of arrests in this
reporting district, which is higher than adjacent reporting district RD 39, lower than
adjacent reporting district RD 42, and the same as adjacent reporting district RD 43. The
NBPD has reviewed the Project and believes it will not contribute to additional alcohol-
related calls for service, crimes and arrests, and did not object to the Applicant's request.
b. In 2020, there were 11 calls for service to the Property. Three (3) of those
calls were traffic related and did not involve the business.
3. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other similar
uses, and any uses that attract minors.
a. The Property is adjacent to a residential zoning district, and is approximately
800 feet from Old School Park, 1,000 feet from Community Church Congregational, and
1,700 feet from Harbor View Elementary School. The Property is not located within close
proximity of any day care centers or hospitals. The Project is to be closed by midnight,
with no alcohol sales after 9:00 p.m., and conditions are included to ensure compatibility
with the surrounding uses.
b. The area is characterized primarily by nearby residential and commercial
uses. The Project is intended to serve these nearby uses and customers who travel along
East Coast Highway. Nearby uses do not attract an inordinate number of minors.
4. The proximity to other establishments selling alcoholic beverages for either
off-site or on-site consumption.
a. The Property is located in Census Tract 627.01, which has two active off -
sale ABC licenses and a population of approximately 2,800 residents. This represents a
per capita ratio of one license for every 1,400 residents. Orange County has a per capita
ratio of one license for every 1,597 residents. Since the area's ratio exceeds the ratio of
on -sale retail licenses to population in the County, the area is deemed to have an undue
concentration of alcohol licenses.
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b. There are two off -sale ABC licenses within this census tract. Korker Liquor
is located at the abutting property, and Johndrow Vineyards, which is located in a
residence and is restricted to providing internet sales only with no on-site customers.
Adjacent Census Tract 627.02 has an additional six off -sale ABC licenses.
5. Whether or not the proposed amendment will resolve any current
objectionable conditions.
a. A service station with convenience store has operated at the Property since
1972 with no operating issues. The current convenience store does not sell alcohol. No
objectionable conditions are presently occurring at the Property, and this conditional use
permit and coastal development permit, as conditioned, are intended to avoid future
objectionable conditions related to the service of alcohol.
b. The Project has been reviewed and conditioned to help ensure that the
purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for businesses is preserved. The service of alcohol is intended
for the convenience of customers living in and visiting the area. Operational conditions of
approval recommended by the NBPD relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize alcohol-related impacts.
C. The hours of operation of the establishment will help reduce the potential
effects on nearby land uses. The hours of operation of the convenience market will be
limited to 6:00 a.m. to midnight daily. The hours of gas delivery will be limited to 7:00 a.m.
to 8:00 p.m. daily. Alcohol sales shall be limited to 6:00 a.m. to 9:00 p.m. daily. These
hours of operation are proposed to mitigate impact to nearby residences. There are no
restrictions proposed on hours of operation for fuel dispensing.
Section 4: 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 findings for Use Permit No. UP2019-004 are set forth as follows:
Finding
A. The use is consistent with the General Plan and any applicable specific plan;
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Facts in Support of Finding
1. The CC (Corridor Commercial) land use designation under the General Plan
and Coastal Land Use Plan are intended to provide a range of neighborhood -serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. The service station and convenience store, including alcohol sales,
are consistent with this designation and will serve residents and visitors to the area as
well as travelers along East Coast Highway.
2. The Project is allowed a maximum floor area ratio of 0.75 pursuant to the
General Plan Land Use Map (Figure LU 14) or 10,389 square feet for the 13,853 -square -
foot Property. The proposed floor area is 1,995 square feet below the maximum allowed.
3. The Project is located adjacent to East Coast Highway and Avocado
Avenue. East Coast Highway provides a primary transportation route through the City.
The Project and existing service station site will provide services for visitors to the City as
well as residents and employees of businesses located within the area.
4. The Property is not part of a specific plan area, therefore no findings of
consistency with a specific plan is necessary.
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;
Fact in Support of Finding
1. The Property is located in the CC (Commercial Corridor) Zoning District.
Fuel/service stations with convenience markets including alcohol sales are permitted
uses within this land use designation with the approval of a conditional use permit.
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2. The Project complies with the requirements of Title 20 (Planning and
Zoning) of the NBMC. The Project is under 24 feet in height, below the maximum allowed
height of 32 feet. The proposed building meets the CC (Commercial Corridor) zone
setback standard which is zero feet pursuant to NBMC Section 20.20.030 (Commercial
Zoning Districts General Development Standards), Table 2.7 (Development Standards
for Commercial Retail Zoning Districts). The Project provides 10 parking spaces meeting
the minimum standard of one space for every 200 gross square feet for service stations
with convenience markets. The Project does not meet the minimum lot area, service
station alley setback and landscaping standards, however, Section 20.48.210(T)(2)
(Planning and Zoning, Standards for Specific Land Uses, Service Stations, Modification
or Waiver of Standards) of the NBMC, allows for deviations when specific findings can be
made. Facts to support the deviations are provided in Findings G, H, and I below and are
incorporated herein by reference.
Findinq
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 south corner of the intersection of East Coast
Highway and Avocado Avenue. The Project is abutting residential properties to the south.
The Property is surrounded by commercial properties to the north, east, 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 East Coast Highway 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. Although the Project does not provide the minimum land area required by
Section 20.48.210 (Service Stations) of the NBMC, the Project is sited and designed to
provide sufficient parking for the proposed use as well as safe and efficient vehicle and
pedestrian circulation based on the review of the City's Traffic Engineer.
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3. The hours of operation of the convenience store are proposed to be from 6:00
a.m. to midnight daily, with alcohol sales until 9:00 p.m. The existing Use Permit No.
UP1580, does not limit hours of operation. The fuel dispensers will continue to be allowed
to operate 24 hours a day if there is a demand for said services. The existing uses,
including the fuel dispensers and convenience store, 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.
4. The Applicant has submitted a lighting plan that shows compliance with
Section 20.30.070 (Outdoor Lighting) of the NBMC, and no excessive lighting impact to the
community and residential neighbors will be created.
5. The proposed convenience store faces away from abutting residences and
has no windows and doors that face south toward residences.
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
Facts in Support of Finding
1. The Project is located at the intersection of East Coast Highway, designated
a major road by the Master Plan of Streets and Highways, and Avocado Avenue.
Vehicular access to the site is provided via three existing driveways, two adjacent to East
Coast Highway and one adjacent to Avocado Avenue. The Project is designed to provide
adequate circulation and parking on-site for the service station and convenience market.
2. The Property is developed with the existing service station, vehicle repair
bays, and convenience store. There is adequate public and emergency vehicle access,
public services, and utilities, which are existing on the Property to accommodate the
Project development.
3. The improvements to the Project 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.
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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. The existing driveways and layout of the fuel dispensers,
parking spaces, and proposed building provide adequate spaces for efficient vehicle
circulation for the fuel delivery truck and customer vehicles.
5. All necessary utilities are presently provided to the Property and the Project
is not anticipated to increase utility demands beyond what is currently provided or
available to the site. No expansion of existing public utility systems is anticipated.
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, convenience store, and vehicle repair has been
in operation since 1972 pursuant to Use Permit No. UP1580. The existing use has not
proven detrimental to the area and has demonstrated that it is compatible with the
neighboring residential uses.
2. The operational conditions of approval recommended by the NBPD 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.
3. Conditions of approval are included which will ensure that potential conflicts
with the surrounding residential land uses are minimized to the greatest extent possible.
Section 5: In accordance with Section 20.48.210(T)(2) (Service Stations,
Modification or Waiver of Standards) of the NBMC, the following findings and facts in support
of findings are set forth:
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Finding
A. The strict compliance with the standards is not necessary to achieve the
purpose and intent of this section.
Facts in Su ort of Finding
1. A total of 1,350 square feet, or 9.7 percent of the site area of landscaping
is provided instead of the required 15 percent of the site area. The provided landscape is
primarily located along the rights-of-way and the corner of East Coast Highway and
Avocado Avenue for maximum visual impact, consistent with the NBMC's intent to
promote service station design that is compatible with surroundings, by buffering the
Property with landscaping.
2. The Project provides an irregularly shaped planting area along the east side
interior property line that does not meet the 5 -foot minimum dimension. There is no
perimeter landscaping provided along the south interior side property line abutting the
alley. The Project is designed to provide sufficient parking circulation as determined by
the City's Traffic Engineer, and to leave the existing fueling stations unchanged.
Landscape area is located primarily along the Avocado Avenue and East Coast Highway
property lines to maximize visual impact. The highly visible landscape buffers the Property
from the public right-of-way and is therefore consistent with the NBMC's intent to promote
service station design that is compatible with its surroundings.
3. The Project provides three trees and 21 shrubs adjacent to the interior side
property line abutting the alley where a minimum of four trees and 13 shrubs are required.
The existing convenience store is located adjacent to this side property line, leaving little
space for landscaping. The Property provides the required number of trees and shrubs
along the Avocado Avenue, East Coast Highway, and east interior side property lines.
4. A minimum 14,643 square feet is required to accommodate the Project
(1,000 square feet of site area per fueling position and 3.33 square feet of site area per
square foot for each square foot used for retail and/or food and beverage sales). The
Property is 13,853 square feet in size; however, the Property is sited to provide adequate
parking and efficient vehicle circulation despite its size and is thereby consistent with the
NBMC's intent to promote service station design that includes adequate area for safe and
efficient circulation.
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5. The Project provides a zero foot setback to the south side property line
abutting the alley, where a 10 foot setback is required for the proposed convenience store
building abutting an alley. The existing building and the proposed addition are located at
the southeast corner of the Property to maximize vehicle maneuverability at the front of
the site around fuel pumps and parking spaces to promote convenient and safe
circulation. The eight existing fuel dispensers are not proposed to change. The existing
convenience market and vehicle repair bays have been located with a zero foot setback
to the south and east property lines since 1972 and have not proven to be a detriment to
the surrounding area. Requiring a 10 foot setback would either reduce the depth of the
convenience store, which would not be ideal for retail operations and would require
substantial work to the existing building, or it would reduce vehicle maneuvering areas,
negatively affecting circulation. The resulting setback area to the south would benefit the
residential property to the south by creating more open space, which may result in people
congregating near residences with limited visibility to the business.
6. The Project provides a four foot setback to the rear property line abutting
Korker Liquor for the air/water dispenser, whereas a ten foot setback is required. The
air/water dispenser is strategically located far from residential land uses to avoid potential
noise impacts to residential neighbors. The air/water dispenser is located near proposed
parking spaces for convenience to customers and to prevent interference with onsite
circulation. The existing air/water dispenser is located in a similar location and has not
proven to be a detriment to the surrounding area.
Finding
B. The project possesses compensating design and development features that
offset impacts associated with modification or waiver of standards.
Facts in Support of Finding
1. The Project will enhance the appearance of the Property with updated and
improved landscaping that is required to be consistent with the Zoning Code. The
landscaping will provide improved screening and buffering from the public right-of-way.
New landscaping will comply with the requirements of the Water Efficient Landscape
Ordinance ("WELO") set forth in Chapter 14.17 (Water -Efficient Landscaping) of the
NBMC and will not include any invasive plants consistent with Title 21 (Local Coastal
Program Implementation Plan) of the Coastal Land Use Plan.
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2. The Property will be developed with an expanded and enhanced
convenience store building. The building will be one story and 23 feet and six inches high,
where the maximum height is 32 feet for flat roofs. The building architecture is designed to
provide an attractive appearance that is compatible with the surrounding area with high
quality materials and architectural treatments to prevent building monotony.
3. The layout of the Project provides for vehicle maneuverability around the
existing fuel dispensers, which are to remain unchanged. The new parking layout will
provide sufficient parking spaces and circulation to serve the expanded convenience
store. The deviation from the side setback avoids creating a secluded setback area
between the building and the alley that is not beneficial to safe or convenient operations
of the service station.
Finding
C. 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 design guidelines do not include any architectural theme. The proposed
improvements to the building architecture will provide an attractive modern appearance
that is compatible with and complementary to the existing pump canopy and surrounding
area. The building elevations reflect architecturally treated wall surfaces to prevent
monotony and they will provide visual interest.
2. The strong landscaping features, including four trees at the corner at the
intersection of East Coast Highway and Avocado Avenue anchors the corner and
provides visual relief from the public right-of-way. Landscaping further enhances the
design of the building and buffers the Property from the right-of-way.
3. The landscaping onsite will be improved to comply with the WELD. Irrigation
will be updated to drip zone valves where possible to increase water efficiency and no
invasive plant species will be planted.
Section 6: In accordance with Section 21.52.015 (Coastal Development
Permits) of the NBMC, the following findings and facts in support of findings are set forth:
(LCP).
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Finding
A. Conforms to all applicable sections of the certified Local Coastal Program
Facts in Support of Finding
1. The Property is located within the Commercial Corridor Coastal Zoning
District. The Commercial Corridor Coastal Zoning District is intended to provide for areas
appropriate for a range of neighborhood -serving retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The Project is
located at the intersection of East Coast Highway and Avocado Avenue and will provide
services for residents of the surrounding area, employees of businesses located within
the area, and visitors to the City as well as those traveling through the City. Fuel/service
stations and convenience stores are allowed uses within the CC Coastal Zoning District.
2. The Project complies with all applicable Commercial Corridor development
standards, including, but not limited to, floor area ratio, parking requirements, and
setbacks.
3. The maximum floor area ratio allowable in the Commercial Corridor zone is
0.75, or 10,389 square feet for this 13,853 -square -foot lot. The proposed floor area is
1,995 square feet, below the maximum allowed.
4. Title 21 (Local Coastal Program Implementation Plan) of the NBMC allows
for a zero foot setback along property lines abutting streets and nonresidential properties.
The Project provides a setback of over 75 feet from East Coast Highway to the
convenience market and a five foot setback to Avocado Avenue from the new trash
enclosure serving the convenience store.
5. Title 21 (Local Coastal Program Implementation Plan) of the NBMC requires
a minimum of one parking space for every 200 square feet of gross floor area for service
stations with a convenience market. In this case, 10 parking spaces are required and
provided for the 1,995 -square -foot convenience market.
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Finding
B. Conforms with the public access and public recreation policies of Chapter 3
of the Coastal Act if the Project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
Facts in Support of Finding
1. The Property is located in Corona del Mar and is not located between the
nearest public road and the sea. Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear
a reasonable relationship between the requirement and the Project's impact and be
proportional to the impact. In this case, the Project involves the remodel of an existing
convenience market with vehicle service repair bays to be used as a convenience market
only, including a 232 -square -foot addition. Although the Project involves a change in
intensity from the existing condition, service stations with convenience markets are allowed
by right in the CC Coastal Zoning District and the development complies with all other
applicable development standards including required parking. The Project is not anticipated
to significantly increase demand on public access and recreation opportunities. The
Property is located approximately 2,200 feet from Newport Harbor and approximately a two-
mile drive from Corona del Mar State Beach and does not provide any public access
easements. The Project will provide goods and services to the general public supporting
access to the coast.
2. The Property is not located adjacent to a coastal view road, public viewpoint,
public park or beach, or public accessway, as identified in the City of Newport Beach Coastal
Land Use Plan. Furthermore, an investigation of the Property and surrounding area did not
identify any other public view opportunities. The Property may be located within the
viewshed of distant public viewing areas; however, the Project is located on an inland lot
that involves the remodel of an existing single -story building and a 232 -square -foot addition
that complies with development standards including height and setback requirements. The
Property will be developed with an expanded and enhanced convenience store building.
The building will be one story and 23 feet and six inches high, where the maximum height
is 32 feet for flat roofs. The building architecture is designed to provide an attractive
appearance that is compatible with the surrounding area with high quality materials, unique
colors, and architectural treatments to prevent building monotony. Therefore, the Project
does not have the potential to degrade the visual quality of the coastal zone or result in
significant adverse impacts to public views.
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Section 7: The City Council finds the adoption of this resolution is exempt from
environmental review under 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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2021-117
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Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 16th day of November, 2021.
d� Avery
ATTEST:
A"41&n'
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar6n C. Harp
City Attorney
Attachment(s): Exhibit A — Conditions of Approval
EXHIBIT "A"
CONDITIONS OF APPROVAL
Project -Specific Conditions in Italics
PLANNING DIVISION
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. 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 (Fair Share Traffic
Contribution Ordinance).
4. 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.
5. 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.
6. 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.
7. All exits shall remain free of obstructions and available for ingress and egress at all
times.
8. 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 ("NBMC") to require such permits.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The displays, shelving, etc. shall be positioned in such a way that the clerk can be
seen from outside of the building.
17. The Applicant shall post and maintain a professional quality sign facing the premise's
parking lot reminding patrons to be respectful of residential neighbors.
18. The hours of operation of the 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 9:00 a.m. to 9:00 p.m., daily.
19. Refrigeration units and non -refrigeration units containing alcohol for sale shall be
locked at 9:00 p.m., daily.
20. Prior to issuance of building permits, plans shall be revised to reflect a less
contemporary architectural design. Architectural design of canopy shall match the
design of the building.
K
21. The sale or service of single serving alcoholic beverages shall be prohibited.
22. Fueling stations shall be silent after 10:00 p.m., including the silencing of buttons and
the prohibition of gas pump TV/LED advertising.
23. The outdoor storage of auto related parts or merchandise shall be prohibited on-site.
24. All employees shall park on-site at all times.
25. No demolition or construction materials, equipment debris, or waste, shall be
placed or stored in a location that would enter sensitive habitat, receiving waters,
or a storm drain or result in impacts to environmentally sensitive habitat areas,
streams, the beach, wetlands or their buffers. No demolition or construction
materials shall be stored on public property.
26. The Applicant is responsible for compliance with the Migratory Bird Treaty Act
("MBTA"). In compliance with the MBTA, grading, brush removal, building
demolition, tree trimming, and similar construction activities shall occur between
August 16 and January 31, outside of the peak nesting period. If such activities
must occur inside the peak nesting season from February 1 to August 15,
compliance with the following is required to prevent the taking of Native Birds
pursuant to MBTA:
a. The construction area shall be inspected for active nests. If birds are observed
flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the
nest is no longer active. Continue to observe the nest until the chicks have left
the nest and activity is no longer observed. When the nest is no longer active,
construction activity can continue in the nest area.
b. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting
birds, and to determine when it is safe to commence construction activities. If
an active nest is found, one (1) or two (2) short follow-up surveys will be
necessary to check on the nest and determine when the nest is no longer
active.
27. Best Management Practices ("BMPs") and Good Housekeeping Practices
("GHPs") shall be implemented prior to and throughout the duration of construction
activity as designated in the Construction Erosion Control Plan.
28. The discharge of any hazardous materials into storm sewer systems or receiving
waters shall be prohibited. Machinery and equipment shall be maintained and
washed in confined areas specifically designed to control runoff. A designated
fueling and vehicle maintenance area with appropriate berms and protection to
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prevent spillage shall be provided as far away from storm drain systems or
receiving waters as possible.
29. Debris from demolition shall be removed from work areas each day and removed
from the project site within twenty-four (24) hours of the completion of the project.
Stockpiles and construction materials shall be covered, enclosed on all sites, not
stored in contact with the soil, and located as far away as possible from drain inlets
and any waterway.
30. Trash and debris shall be disposed in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be
disposed in adequate disposal facilities at a legal disposal site or recycled at a
recycling facility.
31. Prior to the issuance of building permits, the Applicant shall submit a final drainage
and grading plan. The plan shall be subject to the review and approval by the
Building Division.
32. Prior to the issuance of building permits, a copy of the Resolution, including
conditions of approval Exhibit "A" shall be incorporated into the Building Division
and field sets of plans.
33. Prior to issuance of building permits, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Coastal Development file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to eleven (11) inches by
seventeen (17) inches. The plans shall accurately depict the elements approved
by this Coastal Development Permit.
34. Prior to the issuance of building permits, the Applicant shall submit a final
landscape and irrigation plan. These plans shall incorporate drought tolerant
plantings, non-invasive plant species and water efficient irrigation design. The
plans shall be approved by the Planning Division.
35. All landscape materials and irrigation systems shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing,
mowing, and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
36. 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
C!
resources. The Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
37. The noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control
requirements of the NBMC. The maximum noise shall be limited to no more than
depicted below for the specified time periods unless the ambient noise level is
higher:
38. Construction activities shall comply with Section 10.28.040 (Loud and
Unreasonable Noise, Construction Activity — Noise Regulations) of the NBMC,
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. Pursuant
to Section 10.28.045(B) of the NBMC (Real Property Maintenance — Noise
Regulations), noise -generating construction activities are not allowed on
Saturdays, Sundays or Holidays.
39. 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 Corona del
Mar 76 Service Station Remodel including, but not limited to, Conditional Use Permit
No. UP2019-004 and Coastal Development Permit No. CD2019-005 (PA2019-027).
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.
5
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
38. Construction activities shall comply with Section 10.28.040 (Loud and
Unreasonable Noise, Construction Activity — Noise Regulations) of the NBMC,
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. Pursuant
to Section 10.28.045(B) of the NBMC (Real Property Maintenance — Noise
Regulations), noise -generating construction activities are not allowed on
Saturdays, Sundays or Holidays.
39. 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 Corona del
Mar 76 Service Station Remodel including, but not limited to, Conditional Use Permit
No. UP2019-004 and Coastal Development Permit No. CD2019-005 (PA2019-027).
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.
5
FIRE DEPARTMENT
40. Carbon dioxide systems used in beverage dispensing applications shall comply with
Section 5307.3 of the 2019 California Fire Code (CFC).
BUILDING DIVISION
41. Accessible path of travel shall be minimum four (4) feet wide, five (5) percent
maximum slope in direction of travel, two (2) percent maximum cross slope.
42. Provide compliant curb ramp and detectable warning per California Building Code.
43. Building exteriorwalls shall complywith Chapters 5 and 6 of California Building Code.
PUBLIC WORKS DEPARTMENT
44. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
45. All improvements shall comply with the City's sight distance requirement per City
Standard STD -110-L including project driveway approaches and the East Coast
Highway and Avocado Avenue intersection. Planting within the limited use area shall
be limited to 24 -inches in height maximum.
46. An encroachment permit is required for wall work activities within the public right-of-
way.
47. Applicant shall be required to upgrade/reconstruct all non-compliant water services
per City Standard.
48. Structural encroachment, including but not limited to, caissons, retaining walls and
tiebacks are prohibited in the public right-of-way.
49. 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.
50. Plug all unused portions of driveways per City Standard STD -165-L.
51. All driveways shall be constructed per City Standard STD -160 -L-A. The driveway
along Avocado Avenue shall be shifted southerly away from the signalized
intersection of Easy Coast Highway and Avocado Avenue. Final location shall be
reviewed and approved by the Public Works Department.
52. Parking layout shall comply with City Standard STD -805 -L-A and STD -805 -L -B.
Parking stalls adjacent to walls or curbs shall be 9 -foot -wide minimum.
0
53. Project shall provide signage and striping to reinforce the proposed one (1) -way
circulation. Signage shall be consistent with the latest edition of the California Manual
on Uniform Traffic Control Devices (CA MUTCD). Striping shall be consistent with
the latest edition of the CALTRANS Standard Plans. Signage and striping shall be
approved by the Public Works Department.
54. Delivery trucks, fueling trucks, and trash trucks are prohibited from backing up or
staging within the public right of way.
55. The convenience store shall not include meals prepared to order, such as
sandwiches, wraps, etc.
POLICE DEPARTMENT
56. The Applicant shall comply with all federal, state, and local laws, and all conditions
of the Alcoholic Beverage License. Material violation of any of those laws or
conditions in connection with the use is a violation and may be cause for revocation
of the use permit.
57. 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 within 60 days of hire. This training must be
updated every 3 years regardless of certificate expiration date. The certified
program must meet the standards of the certifying/licensing body designated by
the State of California. The establishment shall comply with the requirements of
this section within 60 days of approval. 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.
58. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
59. No alcoholic beverages shall be sold between the hours of 11:00 p.m. and 6:00 a.m.
60. Patrons shall be required to show valid identification to verify age at the point of sale
for alcohol.
61. Alcoholic beverages in containers of 16 ounces. or less shall not be sold by single
container, but must be sold in manufacturer pre-packaged multi -unit quantities.
62. Wine shall not be sold in bottles or containers smaller than 750 milliliters.
63. No person under the age of 21 shall sell or deliver alcoholic beverages.
64. 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
7
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.
65. 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, and debris
from the premises and on all abutting sidewalks within 20 feet of the premises.
Graffiti shall be removed within 48 hours of written notice from the City.
66. The Applicant shall post and maintain a professional quality sign facing the premise's
parking lot that reads:
NO LOITERING, NO LITTERING,
NO DRINKING OF ALCOHOL BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
67. 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 Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
68. The Applicant shall maintain a security recording system with a 30 -day retention and
make those recording available to police upon request.
E-1:
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-117 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 16th day of November, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Duffy Duffield
IN WITNESS WHEREOF; I have hereunto subscribed my name and affixed the official seal of
said City this 17th day of November, 2021.
Leilani I. Brown
City Clerk
Newport Beach; California