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HomeMy WebLinkAbout1835 - APPROVE CUP_EXISTING SERVICE STATION AT 1550 JAMBOREE ROADRESOLUTION NO. 1835 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. 2008 -051 FOR AN INCREASE IN THE GROSS FLOOR AREA OF THE CONVENIENCE MARKET, REMOVAL OF THE EXISTING SERVICE BAYS, ADDITION OF AN AUTOMATED CAR WASH, AND INTRODUCTION OF OFF -SITE BEER AND WINE SALES (TYPE 20) TO AN EXISTING SERVICE STATION LOCATED AT 1550 JAMBOREE ROAD (PA2008 -165) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by SDA PARTNERSHIP USA, with respect to property located at 1550 Jamboree Road, and legally described as Parcel 2 as shown on a map filed in Book 34, Page 40 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow the following design and operation changes to an existing service station: demolition of three, unused service bays to increase the floor area of the existing convenience market; introduction of off -site beer and wine sales (Type 20); the addition of an automated car wash; removal of an existing office /storage building and trash enclosure; construction of a new trash enclosure; the addition of landscaping areas; and related interior and exterior improvements. The application also includes a modification or waiver of the landscaping standards of the Zoning Code to allow fewer trees and shrubs than required. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. A public hearing was held on March 3, 2011 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. 1835 Page 2 of 18 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 32 (In -fill Development Projects). Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The subject property has a land use designation of General Commercial (CG) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel /service stations, convenience stores, and car washing facilities are permitted uses within this land use designation. The property is located .within the Commercial General (CG) Zoning District. The convenience market and automated car wash uses are permitted as accessory uses to the service station with approval of a conditional use permit (CUP). (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is located at the intersection of Jamboree and San Joaquin Hills Road, which are six -lane, divided roads designated as "major roads" in the Circulation Element of the General Plan. This site is 43,314 square feet (0.99 acres) in area and is completely surrounded by urban uses. The Land Rover (Jaguar /Aston Martin) auto dealership is located adjacent to the rear property line facing Jamboree Road. San Joaquin Hills Plaza office complex is located adjacent to the rear property line of the subject site, abutting the Land Rover site, facing San Joaquin Hills Road. A Shell service station and Big Canyon residential developments are located to the north of San Joaquin Hills Road. Harbor Cove residential development is located to the west of Jamboree Road, and Park Newport is located to the west of Jamboree Road and north of San Joaquin Hills Road. (c) The project site has no value as habitat for endangered, rare or threatened species. The site is currently fully developed with an existing service station and paved surface parking lot, and does not contain any habitat for endangered, rare or threatened species. Vegetation that exists on -site consists of non - native ornamental landscaping. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Paae 3 of 18 Traffic: Per comments from the Public works Department, the proposed project will not result in additional trip generation per ITE standards. Noise: The proposed redevelopment of the existing service station and addition of an automated car -wash will not generate a substantial increase in noise levels as compared to the existing service station operation. The car wash has been designed and hours have been limited to 7:00 a.m. to 10:00 p.m. to comply with the noise ordinance. Air Quality: The addition of the car wash use will not result in an overall increase in the average daily trips (ADT) to the site. The applicant expects construction of the car wash to take approximately 2 months. The project will be conditioned to comply with the regional AQMP established by the SCAQMD. This will ensure that any construction impacts are minimized. Water Quality: Some of the existing landscaped areas will be removed along the perimeter of the site to provide additional required parking spaces and a stacking area for vehicles entering the car wash. The applicant will be required to prepare a Water Quality Management Plan (WQMP) and will be required to comply with all requirements of the Zoning Code and Municipal Code related to water quality. (e) The site can be adequately served by all required utilities and public services. Sewer collection and wastewater treatment services are provided by the City of Newport Beach and the Orange County Sanitation District. All utilities (i.e. electricity, natural gas, and telephone) are currently available and serve the existing site. Fire and police protection facilities and services are located less than a mile south from the project site just east of Jamboree Road on Santa Barbara Drive. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding A. -1. The project has been reviewed and conditions of approval are included to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is Tmplt 04M4110 Planning Commission Resolution No. 1835 Paae 4 of 18 maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers using the service station. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding B.-1. The subject property has a land use designation of General Commercial (CG) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel /service stations, convenience stores, and car washing facilities are permitted uses within this land use designation. The existing service station, proposed remodel, and addition of a car wash are consistent with this designation. B. -2. The service station development is located adjacent to Jamboree and San Joaquin Hills Roads, which consist of six lanes each. Jamboree Road provides a major transportation route connecting Coast Highway with 1 -405 and San Joaquin Hills Road connecting to Fashion Island (a regional shopping center), Newport Center, and Corona del Mar Plaza. The proposed service station development will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City. B. -3. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding C.-1. The site is located in the Commercial General (CG) Zoning District. The CG zoning district is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve City -wide or regional needs. The proposed service station development is located at the intersection of two major roads and will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City Tmpll: 04/14/10 Planning Commission Resolution No. 1835 Paqe 5 of 18 Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding D.-1. The subject site is located at the southeast corner of the intersection of Jamboree and San Joaquin Hills roads, which are six -lane, divided roads classified as "major" roads by the General Plan. With the exception of the Shell service station located at the northeast corner of the intersection, residential uses are located to the east of Jamboree Road and north of San Joaquin Hills Road. Commercial and office uses are located adjacent to the site to the south and east. The site provides a convenient location for residents and employees of the neighboring areas, and visitors to the area to purchase fuel and convenience items. Conditions of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. D. -2. The size of the site (0.99 acres) complies with the standards of the Zoning Code related to minimum land area for service stations and car washing facilities and vehicular access to the site is provided via four driveways, two adjacent to Jamboree Road and two adjacent to San Joaquin Hills Road. The project is located and designed to provide adequate circulation and parking on the site for the service station, expanded convenience market area, and the car wash. D. -3. The hours of operation of the service station and convenience market, currently 24- hours -a -day, seven - days -a -week, will remain the same. The original use permit did not limit the hours of operation for the service station. It has been operating 24- hours -a- day, seven - days -a -week for an indeterminate time, and has not proven detrimental to the neighborhood or City. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. D.4. The automated car wash operation will be located at the rear of the site to provide adequate circulation and parking. The use permit includes conditions of approval requiring that the hours of operation are limited to 7:00 a.m. until 10:00 p.m. to comply with the City's exterior noise standards. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and Facts in Support of Finding E.-1. The project is located at the intersection of two major roads. The area of the site (0.99 acres) meets the minimum size requirements for service stations required by the Tmpit: 04/14/10 Planning Commission Resolution No. 1835 Paqe 6 of 18 Zoning Code, and is large enough to provide adequate access, circulation and parking on the site to permit the addition of the car wash operation. E. -2. The subject site is developed with the existing service station operation and there is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. E. -3. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding F. -1. The existing service station has been in operation since 1971 pursuant to Use Permit No. 1496, has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential and commercial uses. F. -2. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding residential and commercial land uses are minimized to the greatest extent possible. F. -3. The automated car wash operation will be located at the rear of the site to maintain adequate circulation and parking on the site. The conditional use permit includes conditions of approval requiring that the hours of operation be limited to 7:00 a.m. until 10:00 p.m. to comply with the City's exterior noise standards. F. -4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area, which are related to the sale of alcohol from the convenience store. Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Paqe 7 of 18 Pursuant to Section 20.48.210.T.2 (Modification or waiver of standards), the Planning Commission may modify or waive any of the design and development standards upon finding that: Finding G. The strict compliance with the standards is not necessary to achieve the purpose and intent of the design standards section. Facts in Support of Finding G. -1. The shape of the site, the design and location of the existing service station and proposed car wash are unique to this location. The location, number, and maturity of the existing trees, shrubs, and landscaped areas enhance the overall visual quality of the site. The mature trees adjacent to the semi - circular rear property line provide a buffer from the service operation to the adjacent land uses. G. -2. Although not a part of the subject site, the landscaped area at the corner of Jamboree Road and San Joaquin Hills Road, enhances the overall service station site, and provides a buffer to screen the service station operation. H. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of standards. Facts in Support of Finding H. -1. A greater number of shrubs are provided throughout the site than are required (27 trees required, 27 trees provided; 78 shrubs required, 154 shrubs provided. H. -2. Increases to the landscaped areas and plantings adjacent to the service station building are proposed, and additional landscaped areas will be planted adjacent to the proposed car wash building. 1. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Paoe 8 of 18 Facts in Support of Finding I. -1. The overall site plan and architectural design of the existing service station and purposed car wash operation is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit Application No. UP2008 -051, subject to the conditions set forth in draft resolution, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3`d DAY OF MARCH, 2011. AYES: Eaton, Unsworth, Hawkins, McDaniel, and Hillgren NOES: None ABSTAIN: None ABSENT: Ameri and Toerge BY:( Earl McDaniel, Chairman BY: ;f mes W. Campbell, Ex- Officio Secretary of the Planning Commission Tmpll: 04/14/10 Planning Commission Resolution No. 1835 Page 9 of 18 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) GENERAL This resolution supersedes Planning Commission Use Permit Nos. UP14966 and UP1496A, which upon vesting of the rights authorized by this application, shall become null and void six months following the issuance of building permits for the proposed project. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the approved site plan, floor plan(s), and building elevation(s) stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 4. Hours of operations for the car wash shall be limited to 7:00 a.m. until 10:00 p.m. daily. The hours of operation of the service station and convenience market (24 hours -a -day, 7 days -a -week) are permitted to continue. 5. The EVR shall be located on the side of the rear wall of the service station building shall be screened and painted to blend in with the remodeled building finishes, or be moved to a location at the rear of the property and be screened with landscaping and painted to the landscaping. 6. This Use Permit may be modified or revoked by the City Council or the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health 8. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Paae 10 of 18 10. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 11. Use Permit No. 2008 -051 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 12. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. PARKING A total of 12 parking spaces (not including fueling spaces) shall be provided for the service station /convenience market operation. Five queuing spaces shall be provided for the car wash. All parking spaces and queuing spaces shall be maintained clear of obstructions at all times. NOISE A 6- foot - high- noise - barrier wall shall be installed surrounding the vacuum stations. The location of the barrier shall be constructed in the location shown on the plans dated with this approval or relocated to a location reviewed and approved by the Planning Director. The wall must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 318 plate glass, 518 -inch Plexiglas, any masonry material, or a combination of these materials. 2. Prior to issuance of a permit to operate the car wash and final of the building permit, a post- construction noise study of the car wash system and vacuuming system stations and their location shall be conducted by a qualified acoustical engineer. The results of the study shall show that the noise levels of the car wash system and location and number (four)of the vacuum system stations comply with the City's Noise Ordinance. 3. 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: Tmplt: 04/14/10 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM 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 Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Paqe 11 of 18 4. The operator of the facility shall be responsible for control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 5. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 6. No outside paging system shall be utilized in conjunction with this establishment. LIGHTING Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low - level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. 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 Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 3. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified per condition of approval LIGHTING, No.2. An additional photometric study will be provided, if required by the Code Enforcement Department. SIGNAGE New signs or changes to existing signs shall comply with sign regulations required in Section 20.42.080.K.3 (Service Station Signs) and Section 20.42.120 (Comprehensive Sign Program), if applicable, of the Zoning Code. 2. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site. 3. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 4. Window signs visible on the exterior of the building are not permitted. Tmplt 04/14/10 Planning Commission Resolution No. 1835 Paae 12 of 18 5. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. .'MN The location and design of the trash enclosure shall be in substantial conformance with the plans stamped and dated with the date of this approval. 2. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 3. 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. 4. 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 20 feet of the premises. 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 Department. 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). 6. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. LANDSCAPING The final landscaping plan shall be subject to review and approval by the Planning Division prior to issuance of a building permit. 2. The project shall comply with Chapter 14.16 (Water Efficient Landscaping) of the Municipal Code, if applicable. The Planning Division and the General Services shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. 3. 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 Tmpll: 04/14/10 Planning Commission Resolution No. 1835 Page 13 of 18 debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 4. Prior to issuance of grading or building permits, the applicant shall submit plans for the review and approval by the Planning Division that incorporate the use of alternate paving materials or banding to break up expanses of pavement. The materials used shall be complimentary to the overall design and architecture of the site. 5. Prior to the final of building permits, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping was installed in accordance with the approved plan. 6. Reclaimed water shall be used whenever available, assuming it is economically feasible. 7. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 8. Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code Enforcement Division shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and /or shut off the irrigation water. 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. 10. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division and the applicant shall complete all required repairs. 11. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. ALCOHOL SALES 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. 2. All exits shall remain free of obstructions and available for ingress and egress at all times. 3. Displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside the service station building. 4. All, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Page 14 of 18 alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 5. No alcoholic beverages shall be sold between the hours of 2:00 a.m. to 6:00 a.m. 6. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 7. The applicant shall post and maintain a professional quality sign facing the premise's parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be printed in English and Spanish. 8. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. Beer, malt beverages, and wine coolers in containers of 16 oz. or less shall not be sold by single container, but must be sold in manufacturer pre - packaged multi -unit quantities. 10. Wine shall not be sold in bottles or containers smaller than 750 ml. 11. No person under the age of 21 shall sell or deliver alcoholic beverages. VEHICLE USES The parking of vehicles and equipment for purposes of sale or rental is prohibited. 2. No vehicles shall be parked or stored in the public right -of -way. 3. 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.). SITE ACCESS AND CIRCULATION Tmplt: 04/14/10 Planning Commission Resolution No. 1835 Page 15 of 18 1. Parking layout shall be per City standard STD - 805 -L -A and STD - 805 -L -B. Standard parking stall dimensions shall be 8'6" by 17' adjacent to minimum drive aisle width of 26 feet. 2. Prior to issuance of permits, final parking and circulation design shall be subject to further review by the City Traffic Engineer. 3. The drive aisle located between the proposed car wash building and the building shall remain open at all times and not be impacted by the car wash operation. 4. The car wash operation shall not impact the overall circulation on the site. Vehicles shall not queue /stack into the public right -of -way. 5. Site access shall be designed to comply with the City's sight distance standard STD -110- L. UTILITIES 1. A sewer lateral con -out shall be installed per CNB -STD 406L at the property line. 2. A clarifier on the discharge side of the car wash drain system shall be installed. 3. If the car wash water supply will be tapping off of the existing domestic water line, the inlet to the water tank shall require and RP backflow or air -gap. CONTRUCTION 1. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 2. A six - foot -high screen and security fence shall be placed around the construction site during construction. 3. Construction equipment and materials shall be properly stored on the site when not in use. 4. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth- Moving a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. Tmpll: 04/14/10 Planning Commission Resolution No. 1835 Paae 16 of 18 C. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than 5 minutes. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. 5. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise, shall be limited to between the hours of 7:00 a.m. to 6:30 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m., Saturday. Noise - generating construction activities are not allowed on Sundays or federal holidays. 6. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 7. Prior to commencement of demolition and grading of the proiect, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department, if required. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes; Tmpll: 04/14/10 Planning Commission Resolution No. 1835 Paqe 17 of 18 and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 8. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation, if required. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 9. A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 10. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment. Off -Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 11. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Tmpit: 04/14/10 Planning Commission Resolution No. 1835 Pacae 18 of 18 Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 12. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 13. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g.' trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. ENVIRONMENTAL 1. Prior to the issuance of grading or building permits, the applicant shall submit written documentation from the Orange County Department of Environmental Health, the Certified Unified Program Agency (CUPA) for Orange County, verifying that the project site is in compliance with all applicable Underground Storage Tank (UST) requirements, that the project site has passed any applicable UST site pollution testing and that the repair, maintenance and removal of any existing USTs is being performed in accordance with Orange County Department of Environmental Health (CUPA) regulations and policies. 2. 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 the (Jamboree Chevron Service Station) project including, but not limited to, (Use Permit No. 2008 -051) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tmplt: 04/14/10