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3100 W COAST HWY
IIIIIIII ICI III Ihll IIIINI IIIII IIIIN IIII III ICI*NEW FILE* 3100 W Coast Hwy 1 . - -�- a -- 1 e e saigrawercizi- - s. U- D t Day Advance Notice of HOLD Building Permit No. ?0 1�{7 6 35 i r To: Building Department From: Planning Department Re: HOLD on Building Permit Final Address 31 O 0 0 Co"4- 14UY Plan Check No. 2330 — 1 PLANNING DEPARTMENT AND PUBLIC WORKS DEPARTMENT COMMENTS, CONDITIONS OF APPROVAL, MITIGATION MEASURES AND/OR OUTSTANDING ISSUES THAT MUST BE ADDRESSED.PRIOR TO FINAL OF THE BUILDING PERMIT! Park Dedication Fee in the Amount of $ Fairshare Fee in the Amount of $ Parcel Map Recordation: Resubdivision No. is DUE. is DUE. That a QSe- 1 60L, �. ko , 3to (Z has been approved, though, PRIOR TO FINAL OF THE BUILDING PERMIT the following CONDITIONS OF APPROVAL MUST BE SATISFIED WITH THE PLANNING DEPARTMENT: A, Lr l� lei"K ✓ tw{-.. 4 By: J !4 - Date: J cam- 1, 14 4 Y Planning Department Telephone: 714-644-3200 x3-.o6 Coptractor's Acknowledgment of the noted requirements: Signed: Printed: Date: cc: Code Enforcement (pink copy) Inspector (yellow copy) Contractor (original) Joe (vove (� 11 �(�po '�1Utl% 1-Gyt It COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: ,tJct.V{�GV By:r a- By:Christy Teague, Associate Planner By:Marc Myers, Associate Planner B/y�:' Date: 3IIG 9iI /�'��tiY Address: 3100 WeroL at(./r OR,!rt- /rLy Districting Map No. Desycr�iptiioyn of Project: Zone\General Plan Land Use lt¢P /�J Proposed Use /�gpkY (✓{�V< `� V 1 Corrections Required: �✓*� a{ - Legal Description: Lot _� Block Section Tract {� 1 Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,480. -' Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size/Tenant Sq. Footage Required Setbacks Front 5o�1e 1 7 le4_ Right Side Left Side Rear L Remarks: FAR WORKSHF.ET Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): comet sq.ft. f O.5 x site area sq.ft., unless otherwise specified in Land Use Element) FAR permitted, with/without variance: (A) Comm res pkg Square footage permitted: Comm res pkg sq.ft. [(A) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. Sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. (C+D+E) sq.ft. PROPOSED FAR: ( F - site area sq.ft. ) PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting rector (G) (H) sq.ft. Base X 1.00 sq,£t. Reduced X 1.67 -sq. ft. Maximum X 0.50 TOTAL WEIGHTED SQ.FT,(May not exceed BDA) Weighted Sq.Ft. ( G x H ) sq.ft.l sq.ft. sq.ft. Provide tissue overlay of calculations to verify provided square footage. Parking (Indicate number of stalls provided) Total on -Site Parking Required __Provided Dimension building height as measured from natural grade to midpoint and ,_d, )peximum ridge roof height Show natural natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. Indicate location of trash containers on site plan. Q. 641• Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. d44AFYair Share Contribution San Joaquin Hills Transportation Corridor SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attachedi excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Sluelines Modification required for glanninq Commission/City Council: se Permit: No. I Variance: No. Resubdivision/Tract: No. Site Plan Review: No. Amendment; S r� &2!0 Other r- Public Works: Easement/Encroachment Permit Subdivision Engineer �� �L ,/b Traffic Engineer GjN `0 5 ���f(� l� Approval of Landsca p e Plans/!/ /n 8uildin Q GraDartmeb: iEdinggr -(tneen (w, l Gam✓ __QQ C_ p :�n�w. �a✓Vi...3 1` ��(�,Q ,{/,•�,,,,,, l71u� ��VML� 0�.�� Approval of Landscape Plans__. �`(A�nvty PWll1' �QiFVr� 'f��' Coastal Development Permits: —�- Approval In Concept (AIC) No. (Note: File 3 sets of plans: site,,-floO 9d elevations) Coastal Development Permit: No. -')fditt.l Effective Date: 9L 70 V Q' Waiver/Exemption: No. 9` Effective'date: NOTE: It is the responsibilit obtain the necessary approvals have questions regarding your 3200. t of the applicant to circulate his plans anc from the department checked Ib t e(7191 f you application, please Ray. 1195 i'0W\C0HH-L0N. C0R Mariners Mile TLA/City Lights Design Alliance January 26, 1998 Meeting Summary Attending: Jonathan Rodriguez-Atkatz, TLA Inc. Troy Seavers, TLA Inc. Mark VanderZanden, BOORA ARCHITECTS Joseph Goveia, GOVEIA & ASSOCIATES Keenan Smith, CITY LIGHTS DESIGN ALLIANCE Lee Anne Kirby, KIRBY & COMPANY (working w/ City Lights) David Baab, BAAB & ASSOCIATES (working with City Lights) Sharon Wood, CITY OF NEWPORT BEACH Christy Teague, CITY OF NEWPORT BEACH Purpose of Meeting: To discuss continents by City Lights Design Alliance, City Consultant developing design framework for Mariners Mile. Landscaping Keenan Smith noted the need for more landscaping in the Mariners Mile area. Jonathan Rodriquez-Atkatz agreed, noting landscaping is an essential element of the project. As addressed in the consultant comments dated 1/19/98 and attached, Lee Anne Kirby recommended some planting materials be replaced with substitutes more suited for the coastal climate. Specific species such as Washingtonia Robustus Palms and Trumpet flowers instead of bougainvillea were suggested and are further discussed in the consultant comments. Recommendations/Agreement: Incorporate Logustrum hedge with palms clustered at Coast Highway frontage. Relocate proposed back flow prevention device currently shown at Coast Highway frontage to rear of property if at all possible. Landscape screening needed if backflow preventeris not relocated. Lee Anne Kirby suggested the densely planted palm trees planned for the inside rear of the property could be planted with shorter palms or at greater -spaced intervals to allow palms to be planted at the Coast Highway frontage areas. She recommended the palm tree planting areas have drainage provided. There is no drainage for the palm,planting areas currently shown on the plans. It was also suggested drainage for the edge planting areas on each side of the project be closely reviewed due to the possibility of concrete footings in conflict with drainage. She suggested drilled drainage pockets could be a possibility, but that any such drainage needs to be shown on plans to ensure it occurs during construction. / ,- Color Keenan Smith shared the proposed color palette for Mariners Mile, and suggested the proposed blue is more of an accent color. He recommended the building be finished in a white or light gray color such as shown on the color board, perhaps with blue on the canvas or as an accent. Jonathan and Mark suggested the blue was selected to fit in at� KPJ s64B mwd W- , 111 RECT* JAN 3 0 1998 Bu0RA location, with the color being similar to that of the sky or the water reflection. They noted it would be evaluated in the field, and a change could be determined at a later date, but they were not inclined to change the color at this time. Recommendations/Agreement: Special attention should be paid to paving treatment and color in order to minimize glare and oil stains. The paving is suggested to be a color concrete treatment of at least "class 2." Lee Anne Kirby suggested a charcoal gray or other deep tone, with a heavy sealant applied. She suggested glare was a greater issue than heat, and that color was more effective than texture. Paving selection and color is to be determined. Sienaee The planned signs were discussed. Jon Atkatz noted the vision for signage was for a "clean" image. It is expected to include a simple logo on the west comer of the front facade, perhaps with white neon behind a softening glass. No pole signs are being considered, but will likely propose a monument sign. It was agreed the signage as discussed was tasteful, upscale, and not in conflict with goals for Mariners Mile. Li htin The lighting concept includes extensive fiber optic lighting on the perimeter fencing, canopies and landscaping. Any proposed light fixtures such as those on the rear fence will shine downward. It was agreed the lighting concepts were low glare and of high quality. There will be no "Walpack" fixtures attached to the building or typical light standards used. Conclusion In response to a question on the overall feel of Mariners Mile by Keenan Smith, Mark VanderZanden noted the complexity is its'strength, and Mariners Mile has many unique facets besides the obvious feature of the bay. TLA will send a set of landscape plans, with plant lists, to Lee Anne Kirby at 305 N. Coast Highway, Laguna Beach, CA 92651. Cep CITY LIGHTS DESIGN ALLIANCE Urban Design Architecture 1/19H8 To: Sharon Wood, Assistant City Manager City of Newport Beach From: Keenan Smith Re: Design Review/Design Assistance T.L.A. Restaurant 3100 West Coast Highway, Newport Beach, CA Use Permit #3612 1 hris Tea a David Baab, Lee Anne Kirby Community Planning Sharon, We have reviewed the package of descriptive and supportive materials pertaining to the above referenced project received under cover of your letter dated December 17, 1997, including: • Report to the Planning Commission (10/9/97) • Final Findings and Conditions as Approved by City Council (11/24/97) • Use Permit Submittal (llxl7 drawings) by BOORA Architects (8/8/97) • Project Description (I 1x17 color Xeroxes) by BOORA Architects • Planting List Booklet by Walker Macy • Sample of Proposed Building Color Our review also included a visit to the site to review and photograph existing conditions, and to talk to adjoining property owners. We are pleased to offer the following comments, suggestions and recommendations concerning Architecture, Landscape and Signage in order to facilitate and assist the Applicant in creating a project consistent with the City's larger, emerging vision for Mariner's Mile. In some cases, due to the conceptual nature of the descriptive documents, we have asked for additional information in order to more fully understand the precise design intentions of the project. In those conditions, our review should be considered incomplete until supplemental information is provided and clarifications. are obtained. Architecture • The overall architectural character of the project, while clearly highly designed, represents a marked departure from the existing commercial and residential neighborhood context. While in our view this design character is generally inconsistent with the City's larger emerging vision for Mariner's Mile, we recognize and respect the Use Permit granted to - the project by the City Council and therefore offer no overriding comments regarding the fundamental form, materials and stylistic expression of the proposed building. #244 Hill Place, Costa Mesa, Ca. 92627 TEL/FAX (714)645-1455 CITY LIGHTS DESIGN ALLIANCE Urban Design Architecture Community Planning I O To: Sharon Wood, Assistant City Manager Page 2 City of Newport Beach From: Keenan Smith Re: Design Review/Design Assistance T.L.A. Restaurant 3100 West Coast Highway, Newport Beach, CA Use Permit #3612 Architecture (continued) Building Color: We feel the proposed blue color will be highly inconsistent with the context of Mariner's Mile. If the building is to be a monochromatic "object," we strongly recommend the color be drawn from one of the "Soft Wbite" shades we are proposing as the backbone color palette for Mariner's Mile.If a muul iple-color scheme is desired, we recommend the following balanced and proportional palette: - Base Building: Predominately White (90% of building, minimum) - Trim Elements: EM Blue (up to7U% of building, maximum) - Accent Elements: Crimson or Deep Reds, Golds (up to 5% of building) Elements which might receive trim or accent colors include the Steel Truss, Steel Columns, Sunshades or Roof Screens. A preliminary list of possible colors is attached. • Provide more descriptive information and sample of Fabric Sunscreens, Perforated Metal Screens and Corrugated Metal Wall Panels. • Provide Lighting Plan with fixture cut sheets for review. Note Conditions of Approval concerning lighting, glare spilloff, etc: frvkdle. c �k`""dLS,ah mg` t`r*`='""' Sr'`�S #.f- a 0, .q; ,4,eJ Lrl �Cti �'taaF"a.w�•�(-V'�a. In-♦•o . (,'p 7 • Confirm all roof mounted equipment is screened from view. Note resident concerns po Al regarding views of equipment from above. Recommend equipment screens have tops. • Confirm all electrical conduit will be located to be concealed from view. • Provide drawings and details for Storage Building, including, height, materials and appearance. Trash Enclosure gates should be solid, opaque. Landscape ZP�G tI CavrGairot /� �U2 up �( �_ 1 ie P M N .V, ` call uN F /a • Landscaping @ PCH: We -strongly recommend adding a Cluster of Palm Trees (Washingtonia Robusta- 8' BTH) and 30" high Ligustrum Hedge to contribute to the overa visa continuity of PCH. fft {�twr f ov4kd Provide complete Planting Plan and Irrigation Plan for review, including dimensioned locations of all trees, plant spacing, sizes and species. Show Sight Lines/Distances on plan. tp � Stow n • Provide more descriptive information and sample of proposed paving at Auto Plaza OrwJ6. 211;"1?C4At- #244 Hill Place, Costa Mesa, Ca. 92627 TEL/FAX (714)645-1455 CITY LIGHTS DESIGN ALLIANCE Urban Design Architecture 1/19198 To: Sharon Wood, Assistant City Manager City of Newport Beach From: Keenan Smith Re: Design Review/Design Assistance T.L.A. Restaurant Community Planning Page 3 Landscape • Provide information concerning Environmental Remediation Equipment (if needed). Where will such equipment be located on site? Appearance? Screening? fir¢ re,6cu i M . • While Bougainvillea is one of the backbone landscape elements of Mariner's Mile, we recommend a "softer" vine at side trellises due to the tight planter conditions. Bougainvillea sprouts "canes" up to 8' long which will interfere with vehicular circulation on site. If "sheared" to conform to the available space, blooms will be discouraged. We suggest Blood Red Trumpet Vine (Distictus buccinatoria 'Rivers'). • We recommend a minimum of 5' clear at side yard planter areas isee above).'�t o " Cas r �Y AV W it-cr , • We suggest adding a screening hedge between Employee Parking and Site. Eliminating wheel stops by moving the curb back would reduce asphalt paving and generate some additional room for landscaping at the Employee Parking spaces.( ( 5(�,p; fill( S�nw K" (C- 4&� Ve .r.w tHcre.b�� � yaT SlU jpfu,wi L: vYY • We recommend eliminating Gazania from the plant palette. It is short-lived in this locale. L to° s+6-fl oak Rom- PwLeA-- • We recommend considering other groundcovers at.the Palm Grove (rear of site). Daylillies die -off. We suggest adding or replacing with African his (Dietes vegeta). ?C escarp>r.4� • Clarify sidewalk continuity across curb cut @ PCH. Clarify proposed surface treatment and maintenance reponsibilities of existing (blank) building walls at either side of property (i.e.: Sterling BMW). • Clarify grade tratisition at Sterling BMW property line, especially at the sidewalk. Sid a19-y 44'p iSe✓ Co2f.F 41.uf • Clarify treatment of medians: painted or raised and planted? D y-la vij cte-m/dub l � i r'1,rE 2 Signage • Provide complete Signage Program for review, as no signage information is given. yur' PU44d as • We strongly recommend limiting signage to Ground Sign and/or Building Signage only (i.e. no Pole Sign @ PCH). Neon (if proposed) should be used tastefully and sparingly. Sharon, we are available to meet with you and/or the Applicant as needed to discuss our review comments and/or clarify our recommendations. If you have any questions about this review, please feel free to contact me at (714) 645-1455. #244 Hill Place, Costa Mesa, Ca. 92627 TEL/FAX (714)645-1455 4• Master Color Palette Mariner's Mile Design Framework t5 City Lights Design Alliance 12/18/97 Name LRV Frazee # 83 Soft Whites ' CW048W Composed CW066W Picket White 82 CW005W Winterscape 77 CW006W Shaded Ice 76 484 City Lights 76 \CW069W Respectfully White 75 8530W Blizzard White 73 Very Light Grays 8520W Glamour Gray 75 Light Grays CW067W soft Mist 68 384 Pebble Gray 66 8522W Gray Dignity 54 Medium Grays 115 Cape Cod Gray 42 8533M Summer Fog 41 Dark Grays 8524M Vanderbilt Gray 31 Blue/Grays (trimonly)351 Newport Blue 22 Na Blue (trim only) AC076N Harbour Blue 8 / ACO81N Ship Ahoy 8 T.Q.A. Dark Batik 6 Dark Na Blue (trim/accent on� AC075N Galaxy Blue 6 Ultramarine Blue (trim/accents only)) AC079N Blue Brilliance 14 nmson a (preliminary selections. (Pantone 506-C) (paint TBD) (Pantone 704-C) (paint TBD) (Pantone 188-C) (paint TBD) (Pantone 194-C) (paint TBD) Wright Red 13 Dee Ruby Red (accents only) AC120R y 13 Rub Red AC121R AC118R Red Alert 1310 "r t_ .a . AC119R Sizzling Haute y) 7285A Marsh Marigold 52 7295D Malaga 45 7286N Brilliant Orange 45 selections) (Pantone 871» 873-C) (paint TBD) Final Findings and Conditions as approved by City Council 11/24/97 - EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3612, Traffic Study No.112 �D e..& and the acceptance of the EnvironmentalDocument "a Cut IGP�poVw 4— A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making th following findings: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declarationwas considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. MitigationMeasures* � t 11.. That erosion and siltation control measures ofthe construction operations shall comply with FW # ldc the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections). S i U Prior to the issuance of a building permit, the applicant shall provide written certificationby • k the Orange County Health Department, acceptable to the City's Building Department, B 41 SO 6� signed by a licensed Engineer that the area has undergone a soil clean-up process and any e gasoline leakage or soil contaminationhas been cleared. l�(vN �v /3\ That the project shall be designed to eliminate light and glare spillage onto adjacent V properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirementhas been met. That 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 by this condition of approval. i p-4w, � ., W[ B: USEPERMITNO.3612 Findines: 1. That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses and a drive -through restaurant is a permitted use within this designation. 2. That the proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. That the proposal includes no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • 4. That the purpose or intent of the restaurant development standards related to site requirements, off-street parking, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: The required number of off-street parking cannot be accommodated on -site and the request to utilize credit for vehicle stacking in the drive -through lanes (20 spaces) to satisfy a portion of the parking requirement is reasonable based on the operational characteristics of the proposed facility, i.e., drive -through only with -no walk-up or on -site dining. Adequate employee parking will be provided on -site. Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from Avon Street at the rear. The increased landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscaping at the front and rear of the property behind the building will not enhance the streetscapeviews. The provision of the required landscaping at the rear between the parking and the right-of-way would adversely affect the access to the proposed on -site parking 5. The approval of Use Permit No. 3612 to allow the establishment of the drive -through restaurant facility will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize lighting and noise impacts. The provision of employee parking will adequately serve the proposed use since there is no patron parking demand generated by the use because there is no walk- up use or patron dining on -site. The issues related to access and site circulation have been adequately addressed by limiting the project to right -out egress only and conditions of approval to prevent vehicle back-ups onto Coast Highway. • That the limited hours of operation and prohibition of menu board speakers should limit potential noise impact on the neighboring residential uses. No significant adverse traffic or circulation impacts are anticipated from the proposed project as determined by the project analysis in Traffic Study No. 112. 6. The approval of Use PermitNo. 3612 to allow the additional area of increased height of the elevator shaft and the mechanical equipment screen will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons and complies with the findings specifiedby Section 20.42.050I-2 of the NBMC:- • The additional area of increased height will result in more public visual open space and views than is required by the basic height limit zone since the proposed building provides greater front, side and rear yard setbacks than required by the Municipal Code and the height of the screen is 2 feet lower than permitted by Ordinance. Particular attention has been given to the location of the structure on the lot, the percentage of ground cover (0.08 FAR), and the treatment of all setback and open areas. The additional area of increased height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the 26/32 Height Limitation District since the mechanical equipment will be adequately screenedfrom view and the height has been minimized to the greatest extent possible. • The additional area of increased height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces since the Sterling Motors Building to the east of the project is currently taller than the proposed structure (35 feet). Additionally, the total bulk of the proposed structure including both horizontal and vertical dimensions has been taken into consideration (since the proposed structure provides greater front, side and rear yard setbacks than required by the Municipal Code). • The structure shall have no more floor area than could have been achieved without the use permit. The limited area allowed for such elevator shafts and mechanical equipment screen areas cannot adequately accommodate screening of then mechanical equipment of the proposed project: 7. The approval of the modification to the Zoning Code to allow the architectural facade element (steel truss) in excess of the permitted height will not be detrimental to persons, property or improvementsin the neighborhood and that the modificationas approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: • The additional one foot in height is minor in nature and the mid -span height of the truss element generally conforms to the 26 foot Height Limitation Zone requirement. • The proposed architectural element will not affect the flow of air or light to or views from adjoining residential properties since the residential uses located to the rear of the subject property are located on a bluff overlooking the project. 8. That the addition of a pole sign as permitted by the City's Sign Code will detract from the architectural elements incorporated into the building design, which are predominantly on the second level. /Conditions* `1 \ That development shall be in substantial conformance with the approved site plan, floor /—�� plan and elevations, except as noted below. [/2\ That, prior to the submittal of plans for building plan check, the applicant shall submit the �� site plan, elevations, landscaping and sign plans, and proposed colors and materials to the Planning Department for review by the City's Mariner's Mile design consulting team. The applicant shall consider the comments and recommendations of the team in preparing final plans. jw� at( 14 w(loau4d . A3. That the hours of operation of the drive -through restaurant facility shall be limited to between 6:00 a.m. to 11:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit: That deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this use permit. That no on -sale or off -sale alcoholic beverage service shall be permitted on the premises. That the operator of the restaurant facility shall be responsible for the 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. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of 60 dBA commercially zoned property: 65 dBA Measured at the property line of 50 dBA residentially zoned property: 60 dBA /i1 That the use of outside paging system or loudspeaker system (including in conjunctionwith `—� menu boards or patron ordering) shall be prohibited in conjunction with this food service /8. establishment, unless an amendment to the use permit is first approved. That the approval is for the establishment of a drive -through restaurant facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages for off -site consumption. The approval prohibits walk-up or on -site consumptionfacilities, unless an amendmentto the use permit is first approved. 49\ That all signs shall conform to the provisions of the Municipal Code. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. 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. That the proposed restaurant facility and related parking structure shall conform to the requirements of the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 12. That erosion and siltation control measures of the construction operations shall comply withVA the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections). Xa G Prior to the issuance of a building permit, the applicant shall provide written certificationby �/ r the Orange County Health Department, acceptable to the City's Building Department, e signed by a licensed Engineer that the area has undergone a soil clean-up process and anyLb k gasoline leakage or soil contaminationhas been cleared. r fvp . ap 14. That all improvements be constructed as required by Ordinance and the Public Works, Department. 15. That a standard subdivision agreement and accompanying surety be provided or other arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain grading or building permit t d prior to completion of the public improvements. 16. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be 1p�Q, subject to further review by the City Traffic Engineer in conjunction with the review of 5 (fp plans issued for building permits. That the exiting from the property on West Coast Highway shall be limited to right out only, unless otherwise approved by the City Traffic PteLv Engineer. AThat all employees shall park on -site. 01. That the intersection of the private drives and West Coast Highway shall be designed t- �� J-E'4�provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other S�gN ° d obstruction shall be considered in the sight distance requirements. Landscaping within theme vvawd sight line shall not exceed twenty-four inches in height. rlu iA AThat the drive -through facility shall be operated in such a manner that vehicles will not be allowed to block access driveways. The drive -through lanes operation shall be monitored at all times by the applicants' representatives at the site. If back-ups occur, stop point of the drive -through lanes cueing shall be relocated toward the pick-up lanes or the incoming customers shall be directed to bypass the drive -up facility (or combination of both actions). If a traffic congestion problem occurs on West Coast Highway related to the drive -up facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 20. That Avon Street be improved to a minimum 20 foot street width along the project frontage' S(A) ok& with curb, gutter, sidewalk and retaining walls as required. I ' 21. That a loading area be provided adjacent to Avon Street to accommodate deliveries to the storage area. The design of this area or operation shall be reviewed and approved by the Traffic Engineer. 22. That the building setback shall be a minimum of seventeen (17) feet for 50% of the front setback and twenty-two (22) feet for the remaining 50% of the front setback area (this 31� 0j 01 includes a 12 foot width for planned future widening of West Coast Highway plus 5 foot �3- and 10 foot setbacks for landscape purposes) from the existing West Coast Highway property line. That all lease documents shall include a clause that there is a planned future widening of West Coast Highway. Y, Hld) rw'4 P p vb & coey rf lP4S'`' j4,4& Zt 44t6 c((- f 23. Disruption caused by construction work along roadways and by movement of construction Pw vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic 54" control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials with the Coast Highway right-of-way. 24. That street drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. c�P'J ✓(i1� Scy H of3 25 That the Public Works Department plan check and inspection fee be paid. 194a. S Oyu ak'� 2 That overhead utilities serving the site be undergroundedto the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. A That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. That a landscape and irrigation plan for the site shall be submitted to the Building f�--� Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. That prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval. 29 The landscape planter areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition at all times. 'A That the operator of,the food service use shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use. That the area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. That 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 by this condition of approval. VJO0.t AnU r � 1� That storage outside of the buildings in the front or at the rear of the property shall be prohibited. k3. That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. That a covered wash -out area for refuse containers and kitchen equipment shall be provided .A and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. AThat kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. That all trash shall be stored within the building or within dumpsters stored in the trash �—� enclosure, or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. AT That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. AThat should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. Q� 39. That Coastal .Comm' Sion approval shall be obtained prior to issuance of any building permits. c r N/(� 11(J �,�1Jous `�'� �,$'h'( �r✓.`.t ffStiu..ci t� « 2.21�q$ 40. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 41. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section20.91.050 of the Newport Beach Municipal Code. 42. Any ground sign shall not exceed a height of 6 feet. The sign may be permitted to exceed this limit with the approval of the Planning Director upon a determination that the overall design and siting of the sign incorporates landscaping and architectural treatments which contribute to the aesthetics of the project. C. TRAFFIC STUDY NO.112 Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of 'the Newport Beach Municipal Code and City Policy L-18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major, 'primary -modified; or'primary' street, based on the characteristics of the proposed development. 4. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour morning or afternoonpeak periods on six of the seven study intersections. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour morning and afternoon peak periods for the intersection of West Coast Highway and Tustin Avenue. Further ICU analysis of the a.m. and p.m. peaks for the intersection of West Coast Highway and Tustin Avenue, which currently operates at a LOS E (ICU of 0.92), indicates that the level of service will not be made worse by the addition of the project-generatedtrips. March 11, 1998 TO: MARINA MARRELLI ASSOCIATE PLANNER FROM: RICHARD EDMONSTON TRANSPORTATION AND DEVELOPMENT SERVICES MANAGER SUBJECT: FAIR SHARE FEE - TLA DRIVE -THROUGH RESTAURANT 3100 West Coast Highway The Fair Share Fee for this project is $18, 129.14 based on the following information: 1. The proposed drive -through restaurant will generate 460 new daily trips. This trip generation was determined from the traffic study for the project. 2. The parcel was previously occupied by an auto dealer selling new and used vehicles and providing repair and maintenance services. Approximately 8, 480 sq. ft. of building structures was removed from the site to build the new project. This use generated 37.50 trips/1000 sq. ft. based on the 6`h Edition of the ITS Trip Generation manual. 3. The fee calculation is: 460 trips - ( 8,480 sq. ft. x 37.50 trips/1000 sq. ft.) x $127.67 per trip = $18, 129.14 Please contact me if you have any questions about the fee calculation. ""''ti�v'" Richard M. Edmonston Transportation and Development Services Manager \Idivan\fairshar\memos\tia 3.11.98 MAR-13-138B FRI 17!18 ID%CA CUASIAL v PETS WILSON, Oovamor STATE OF CALIFORNIA • THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South coast Area Office 200 oesangefe, 8061000 Long Beach, CA 90802.4302 (562) 6W5071 TELEFAX TRANSMITTAL FORM Date: 5.115111Cj9 No. of Pages ( Including Cover: t TO: Jay �GLVC'a� Voice Phone: L�I`�J ���-3fr C i h� rb N ewrl+ Fax Number: �7(�� If s " 325C �eistL4 PLAAA+M FROM: Jdivt htu. as FAX Numbe : 6B2-590-5084 Subject: �{2•ves G� Ct f t �`� 'fie. {; Ka- f S'a vw k e L r✓� t •JZ� Comments: �' I I .��•�' r . .1_ / _,._. n..d nOaIIMa.A•' l,i lA,�l �o. GU/I. WAAAI-e-VS Lrl' Glct!.yVl If11S f r/WVYi kivt,t,Q Notice6 e it vt -1 tu.i (;Gt/ k'l .8 W✓ z-,ectivet^e5f<. we Cfm'i 1asw:. Urgent/Hand Carry Per Your Request Confidential a Please Comment Information ® Original Will Follow c:\msof f ico\wlnword\eoaatal\forms\fax.doc Rr„19-19�B FRI 17:19 ID:CA COASTAL TEL:SS2 S90 S094 rr,4uvtri pursi3OT ,1i UY 1iRL�t'VttNIN' nh�k KR,n,,UtfUn:p Ab:NUT CAL!L"ORNIA COASTAL. COMMISSION page: 1 of 3 Goulh Coat Area Ol6n 2000006ep.u, SUM 1000 Date: February 26, 1998 Gang s..c,, CA 90802.4302 Permit No: 5-97-398 (662) SOM071 On 3 February 1998, the California Coastal Commission granted to TLA Incorporated Coastal Development Permit 6-97-398, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an automobile showroom and related -facilities and construction of a 1,553 square foot. 32 foot high, drive -through -only restaurant (two -stories consisting primarily of a single -level elevated one story above ground) with a 300 square foot storage building and nine parking spaces located at the rear of the property, 1,612 cubic yards of grading, and paving of Avon Street, More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 3100 West Coast Highway, Newport Beech. Issued on behalf of the California Coastal Commission on February 26, 1998. PETER DOUGLAs Executive Director itle:poasteiProgram A sly MAR 61536 ACK( 1DWLED aMEN% CALIFORNIA --cVASTAI COMMISSION The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 816.4 which states in pertinent part, that: "A public entity Is not liable for injury caused by the Issuance ... of any permit . . .11 applies to the Issuance of this permit. WIITHTHOPY OF THE IT E SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION W OFFICE. 14 CAL, ADMIN. CODE SECTION 13158(a).7LA letjp?i,-*,Q z �ggIs Date Please sign and return one copy of this address. fjWestGEo�Perm form to the Commission office at the above NAR-13-1998 FRI 17:19 ID:CA COASTAL TEL:562 SS0 5084 P:03 COASTAL DEVELOPMENT PERMIT No. 6-97-398 Page 2 of 3 1. Notice of }3acallu and _ACnowledament The permit is not valid and development shall not commence until a copy of the permit, signed by the parmittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Explr tIon if development has not commenced; the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal set forth In the application for permit, subject to any special conditions sat forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspaotiona. The Commission staff shall be allowed to inspect the site and the.project during its development, subject to 24-hour advance notice. 6. Assignment The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Tatms and Conditions Run with the Land These terms and conditions shall be perpetual, and it is the Intention of the Commission and the parmittee to bind all future owners and possassors of the subject property to the terms and conditions. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the owner of the property shall execute and record both a deed and lease restriction, in a form and content acceptable to the Executive Director, stating that the subject permit is only for: 1) the development as described and conditioned herein - namely, a drive -through only restaurant with nine on -site parking spaces (including one handicapped space); and 2) any future improvements IAR-IS-1998 FRI 17:19 IMCA COASTAL ILL:b6Z bt:10 bbbY r:w MT 11 ► i I1 . . Page 3 of 3 to the building, including but not limited to revisions of on -site parking, the addition of walk-up window service, or sit-down dining area, or other change In intensity of use, will require a permit amendment from the Coastal Commission or a new permit. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, except for the existing lien of the Ford -Motor Credit Corporation, that the Executive Director determines may affect the enforceability of the restriction. This deed and lease restriction shall not be removed or changed without a Coastal Commission -approved amendment to this Coastal development permit unless the Executive Director determines that no amendment is required. JTA:bll 07898per.doo. c:'anlaaleelwlnwordltemplatelpermh.dat Printed on fabruary 20, 7>ige fl ECE�y U 8 CALIFORNIA COASTAL CO&iMISSION 0 cu n r. co 0� m C m L 0 7- SEC - - -- PANM Slffl. TRUSS TVO GANG 4.6r SCUARE CAST BOX MITE RGUA9E COVEIZPI.ATE TFIfiEA n HUB FCR 3/4 1/2' MrE1ER HOLE MCUGH TRUSS PRO% f RL= GRCt4U VEATHER PROCP SEAL CAST J-BOX EARS ATTACH TO STEEL. TRUSS VTH BOLTS FIBER CPTIC CAME - 25 STRAND a25" DAPiTBR PVC JACWIM FIBER OPTIC CABLES TFmGH STB1 TRUSS 2' DAI`IEM CLEAR AUMC 'BMW LIGHT DFFUSHG EIRIE TL TAPER DO TO CREATE TEAR-9V SHAPE FIBER OPTIC CA13 E INM CCFCIAf 3/4 IMC sm CCNLXAT CAST UNCTION BOX MATICN CE TRUSS, CAST BOX AND M11SU LIGHT i !, LIGHTS AT 'STIL TRUSS R OPTIC \VfdlSKER _ AiO3 NOT TO SCALE ,.. . .... - I. IL•1-- - !'.:'! Y-I.-r I-r Y t r::: (r ELEVATION OF FOICO TRANSFER SYSTETI TYPE F5 SPICLE TOPE FWCRESIiNT TYPE F5 SINGLE TUBE FLUORESCENT UCtiTNG FIXTURE TYPE Al UIC}1T?�IG FUTURE 2 UGH-FING INSTALA11ON AT FOOD TRANSFER SYSTEM Ai03 NOT TO SCALE FLUS i GRO M MC U14MI UPLIM TYPE M2 3 CANOPY UPSGHT AIMING ANGLE A103 NOT TO SCALE TYPE LB - CONDULET FITTING 1/2" CONDUIT DOWN BACK OF FENCE POST FENCE POST ELEVATION KIM ;#J27N/VG—P MOUNTING BRACKET TYPE LIGHTING FIXTURE CLF SERI S COMPANT FLOODUGHT 1.6"x2.4" FENCE POST ELEVATION SCALE: 1" = 1'— 0" \-- FENCE PLAN VIEW ® UGHTING FIXTURE TYPE ES UGHTING ING I-I`,TLRE MOUNTiI�G TAN NOT TJ SCALE a 1.101TING PLAN FLAG NOTES: M63CRIPT NU BOl INUCATES MOUNTING HEIGHT Of f1BER OPTIC LANDSCAPE LIGHT LEAD. F= PVC CONIMT SHALL NOT EXCEL 12" 1N LENGTH REMAINING HEIGHT SHALL BE 51RAIGHT SECTION Of BLACK PVC TUBING. FIBER OPTIC CABLES SHALL BE BUNM TOGEMrR NEATLY AND Sf;ALL BE BUfilD GRECTLY IN TH EARTH. CO MATE ROUTING MTH LANDSCAPE PLAN ROUTE ADAI CENT TO PAVING %MERE - EVER POSSIBLE. APPROXMATE ROUTING OF VrLSKER FEER OPTIC UGHTNG GARLIC EXACT ROUTING SHALL BE COORLINATED M1TH THE AI?C"TECT AL\D STRUCTURAL ENGINEER. CABLING SHALL BE ROLLED TO V 5KIRS THROUGH THE BOTTCM CORD Of Tlt TUBULAR STEEL TRUSS ALL Pth'lRA-M MIST Ri C01'yTR^ oy4TH i1C Ail iLCT. R Ctfl L CABS TfRO u ACG Sift 1 L"*G SPACE. L� TIME CLOCK FOR CONTROL OF ALL ffla LICHTNG SHALL BE LOCATED IN TM1E ROOM. TIME CLOCK TO BE FURN13U Ul CfR DIVISION IM. PROVIDE ELECTRICAL ROUGH IN TO 11-1I3 LOCATION FOR FUTURE LNSTALATION OF SIGN LIGHTING FIXTURE ROUTE CO CUT THROUGH MICH. RM. 101 FOR CONNECTION TO TIME CLOCK CONTROL T E C T S 721 sw Washington Portland,Or 972•05 [tell 503,226,1575 [fax]503.241.74e9 PROJECT NUMBER T.LAs. 964)O.. NEWPORT BEA CH 3100 PACiFiC COAST MGHVAY NUMBER REMSION DATE SITE UGH-FING PLAN SCALE 1' = 20' DRAWN BY JNL I S S U E D 11.94'E x 1999 SHEET NUMBER A103 'Jed IIa%IIaaI;iIL�'i'� TVO GANG 4.6,T SQUARE CAST BOX VITH RMABIE COVERPLATE IIITiTrillm ••c • W; •• l ii' ike.swiFli CAST J-8OX EARS ATTACH TO STEFLL TRUSS VITH BOLTS FAR OPTIC CARE — 25 SIRAPD 0.25 L]ATERR, PVC JACJ(M IM r a IfiRo 'mii MOM 2 UAFTE(ER CLEAR ACRYLIC 'BOlERY UG fT DIFFUSING ELL9'1ENT. TAPER rIBER OPTIC WVi IS`L �GiT) :AT �T 1=L PUSS NOT TO SCALE '.l i •� i��l lie.."iT 1A71i,1 �.._I' Y-I -r -- -- -T-r.->• .............. t.-1.7.7.Y.l TYPE F5 SNCLE TIC I'LLIUMCtNT UCI-fMG FIXILM UGIHTPIG I'MUI E. TYPE F5 SN(TE TUEE FLUORE5CETTT UCHTNG FIXTURE TYPE Al UCT MG, FIXIM 2 UGH-ONG INSTALLATION AT FQOD TRANSFER SYSTEM A103 NOT TO SCALE nual Gm" M(XINTED —r LPIJGHTSi TYPE M2 TYPE LB - CONDULET FITTING 1/2" CONDUIT DOWN BACK OF FENCE POST FENCE POST ELEVATION ELEVATION SCALE: 1" = l'- 0" PLAN VIEW KIM #J27N/VG—P MOUNTING BRACKET TYPE E LIGHTING FIXTURE CLF SERI S COMPANT FLOODLIGHT 1.6"x2.4" FENCE POST ® LIGHTING FIXTURE FENCE TYPE F3 ! I G1 tTIN G f i X1 URE NOUN T IN NOT TO SCALE LIGHTING PLAN FLAG NOTES '� SJBSCWT NUM INDICATES M UNTNG I-OGHT OF FUR OPTIC LANDSCAPE LIGHT tfAQ rLDOO E PVC CCNCUIT SHALL NOT EXCEED ff N LENGTH, RMAINING HEIGHT SHALL BE STRAIGHT SECTION Of OACK PVC T,1BNCA FDER OPTIC COB SHALL BE W LED TOGETHER NEATLY AND 316L BE BUZED EliffCTLY N THE EARTH. COCONATEL ROUTING VITH LANDSCAPE PLAN ROUTE ADJACENT TO PALING — EVLR POSSE T E C u S 720 sw Washington P o r t I a n d, 0 r 9 7 2 0 5 [teI] 503.226.1575 [fax]503.241.7429 PROJECT NUMBER T.L.A. 96003 NEWPORT BEA Ch 3100 PACIMC COAST "GWAY NUMDER REVISION DATE SITE UGHTING PLAN T8 E CLOCK FCR CONTROL Cf ALL BTLMOR LIGHTING %ALL BE LOCATED IN THE ROOM. TIME CLOCK TO BE FURNISHED 1AIi DIVISION 15000. ® PROVEE ELECTRCAL ROUGH IN TO TI-S LOCATION FOR FUTOHiE INSTALLATION OF SIGN LICHTNG fiXTOPE ROUTE CONWT RF()UGH I'EGH. RM. 101 FOR CONNECTION TO TIME SCALE 1� = 20� CLOCK CONTRC} DRAWN BY JNL 3 CANOPY UPJGHT AIRING ANGLE A103 NOT TO SCALE APPROWIIATE ROUTING Of WHISKER nbER OPTIC UGHTNG CAO.NG EXACT RCUTNG SHALL LE COOMNATED \ATH THE ARCHITECT AND STRUCTURAL ENGINEER. CABLING SHALL BF UM TO ih6SKERS Tt1ZOJCIH T t BOTTC(i COED Cr THE TUBUAR STEEL TRUSS Al PEITATiCNS 1 E ST B f YAz Ir A T Ace rT r 'e. y, y AGf I.:r w.., �•'i ll'i ti:l IL lL� ). Ff ;.L t..+u.�5 ��iS�.'.l..,GH J� ' --'tiu SPACE I S S U E D, am A ima SHEET NumBER A103 11 MJA CONSULTING, INC. "Protecting America's Environment" SINCE 1988 Office Address: 843-C Fourdt Street Encinitas, Canfornia 92024 (760) 943.1735 Mailing Address: P.O. Box 747 Curdiff, California 92007 FAX (760) 942-5414 REPORT UNDERGROUND TANK REMOVAL at 3100 West Coast Highway Newport Beach, California MJA Job No. 00272 Report prepared for: Robins Properties 2060 Harbor Boulevard Costa "Mesa, CA 92627 by: MJA Consulting, Michael Anselmo Engineering Manager (4ani;el ;01 er` Registered Geologist # 4781 �r�tlra u�i February 23, 1998 TABLE OF CONTENTS SECTION PAfrE SUMMARY ............................................ 1 1.0 2.0 INTRODUCTION ........................................ 2 3.0 BACKGROUND ......................................... 4 4.0 TANK REMOVAL AND INSPECTION .......................... 4 4.1 Soil Sampling ........................................ 5 4.2 Laboratory Analysis .................................... 6 5.0 RESULTS .............................................. 7 6.0 CONCLUSIONS ......................................... 8 7.0 RECOMMENDATIONS......................................................................9 8.0 LIMITATIONS................................................................................10 PLATES P-1 Site Vicinity Map P-7 Generalized Site Plan with Soil Sample Results APPENDIX A - APPENDIX B - APPENDIX C - APPENDIX D - APPENDIX E- APPENDIX F - Correspondence Uniform Hazardous 'Waste Manifest Tank Removal Permits Tank Disposal Form Underground Storage Tank Inspection Report Laboratory Report i February 23, 1998 3100 West Coast highway, Newport Beach, CA 1.0 SUMMARY MJA. 00272 On February 9-11, 1998, two, double -walled plasteel underground gasoline tanks were removed from the above -referenced facility. The tank sizes were one, 1,000-gallon gasoline tank and one, 500-gallon waste oil tank, Five soil samples were collected during tank removal operations. N 1 February 23, 1998 3100 West Coast Highway, Newport Beach, CA 2.0 INTRODUCTION MIA 00272 This report summarizes the environmental investigation conducted in conjunction with the removal of five underground storage tanks at the above -referenced site. Robins Properties contracted with MIA Consulting, Inc. (MIA) to remove the tanks, inspect the tanks after removal, collect soil samples for analyses, and prepare a summary report. This report describes the work elements associated with removal and inspection of the tanks, collection of soil samples and summarizes the analytical results obtained. 3 February 23, 1998 IvUA 00272 3100 West Coast Highway, Newport Beach, CA 3.0 BACKGROUND The facility investigated is located at 3100 West Coast Highway, Newport Beach, California, as indicated on the Site Vicinity Map (Plate P-1). Two, double -walled, plasteel underground tanks were located at the southern portion of the facility. The tanks were historically used to store gasoline and waste oil. The site was leased by Newport Imports, Inc. until October of 1994 at which time this entity filed Chapter 7 bankruptcy. On August 24, 1995 Robins Properties assumed ownership of the existing underground storage tanks as indicated in Appendix A. 4.0 TANK RE, MOVAL AND INSPECTION Between February 9-1 J., 1998, under the supervision of MJA, the underground storage tanks and related product piping and dispensers were exposed and removed with various construction equipment. Michael Anselmo from MIA was on site to witness the removal of the underground storage tanks, inspect the outer tank surfaces, inspect native soil from beneath the tanks after their removal, and collect soil samples for analysis. Prior to removal, the tanks were triple -rinsed. Rinse water was pumped from the tanks and disposed of at Advanced Environmental of Fontana, California under a Uniform Hazardous Waste Manifest (see Appendix B). 0 February 23, 1998 3100 West Coast Highway, Newport Beach, CA MJA 00272 Tank Removal Permits were obtained from the County of Orange Health Care Agency and the City of Newport Beach Fire Department prior to tank removal. Tank Removal Permits are provided in Appendix C of this report. Representatives of the City of Newport Beach Fire Department and the County of Orange Health Care Agency (OCHCA) were notified and were present during the excavation and removal. The tanks were lifted from the cavity by a backhoe and loaded on trucks for transportation. The tanks were transported to Cal -Vac Environmental Services, of Santa Fe Springs, California and issued a certificate of tank destruction/disposal (Appendix D). The outer surfaces of the tank were inspected for signs of leakage, through -going holes, pitting, or areas of weakness. No through -going holes, leakage, pitting, zor areas of weakness were observed. 41 Soil Samnline Soil samples were collected under the direction of Joyce Krall of OCHCA. The location of soil samples are indicated on Plate P-7. An Underground Tank Inspection Report was issued by the Orange County Health Care Agency and is included as Appendix E. The soil samples were collected in a brass, tubes, labeled, and chilled in an ice chest to 5 February 23, 1998 3100 West Coast Highway, Newport Beach, CA MJA 00272 maintain the integrity of the samples. The sample was taken in accordance with federal, state (LUFT manual) and local regulations (OCHCA). Al Laboratory Analysis The soil samples were analyzed for Total Petroleum Hydrocarbons (TPH) in accordance with EPA Method 8015, and for benzene, toluene, ethyl benzene, xylene and Methyl Tertiary Butyl Ether (MTBE) in accordance with EPA Method 8020, Chain of Custody records were initiated in the field by OCHCA and accompanied the soil samples to Advanced Technology of Signal Hill, California (state -certified). The laborabDry report and Chain of Custody Records are included in Appendix F. d February 23, 1998 3100 West Coast Highway, Newport Beach, CA 5.0 RESULTS Laboratory analyses of soil samples are contained in Table 1 presented below (and Appendix F). MJA 00272 TABLE 1 ANALYSES OF SOIL SAMPLES FEBRUARY 11,1999 ROBINS PROPERTIES 3100 'GUEST COAST HIGHWAY NEWPORT BEACH, CALIVORNIA MIA=00272 SAMPLE DATE TPH B T E X TRPH S1-6 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 ---- S2-6 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 ---- S3-6 2/11/98 •--- ----- ---- -- ---- 30 Dl-4 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 --- SPl 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 13 TPH and TRPH sample results in milligrams per kilogram (mg'/kg) B = benzene T = toluene E = ethyl benzene X = xylene BTEX sample results in micrograms per kilogram (ug/kg) TPH = total petroleum hydrocarbon TRPH = total recoverable petroleum hydrocarbon TPH and BTEX analyzed by EPA Method 8015M and 8020, respectively TRPH analyzed by EPA Method 418.1 6 February 23, 1998 MJA 00272 3100 West Coast Highway, Newport Beach, CA 6.0 CONCLUSIONS Based on field observations and results of laboratory analyses, MJA concludes the following: 1. Soil analysis indicates that further remediation at this location is not necessary. February 23, 1998 3100 West Coast Highway, Newport Beach, CA 7.0 RECOMMENDATIONS MJA 00272 MJA recommends that no further assessment at this site is necessary and that the underground storage tanks be permanently removed from public record at this location. U February 23, 1998 3100 West Coast Highway, Newport Beach, CA 8. LEWrATIONS MJA 00271 This report was prepared in accordance with generally accepted standards of environmental engineering practice in California at the time this investigation was performed. This investigation was conducted solely for the purpose of evaluating environmental conditions of the soil with respect to hydrocarbon product contamination in the vicinity of the removed tanks. No soil engineering implications are stated or should be inferred. Evaluation of the geologic conditions at the site for the purpose of this investigation is made from a limited number of observation points (tank pit and stockpiled soil). It is possible that variation in the soil and groundwater conditions could exist beyond the points explored in this investigation. Also, changes in the groundwater conditions repo: ed at this investigation could occur at some time in the future due to variations in rainfall, temperature, regional water usage or other factors. The services performed by MJA Consulting, Inc. have been conducted in a manner consistent with the level of care and skill ordinarily exercised by members of this profession currently practicing under similar conditions in the Orange County area. No other warranty is expressed or implied. 10 PLATES '1 1 ,Park sr 77 _ Park or Tan i- 1u�.: I i �•C6 '.'f41� .. �,' iY I'.�,� Parking Area NEWPORT BEACH, NcmWWi' �r)r `� nvniro A� aZ 3uin VZ�, J sr� h Llgnb"41, _ t5o )� r • , Ir ,*Light Las Arenas WA 34 -- Eh I�—;,c�•4 1 N b� eWpo ire %F Pnrk •„ •each NOTES: I) The Base Map was taken from USGS 7.5 Minute Newport Beach, California Topographic Quadrangle, 1965, Photorevised 1972. 2) All Locations and Dimensions are Approximate. ROBINS PROPERTIES 3100 Pacific Coast Highway Newport Beach, California MJA CONSULTING, INC. Project No.: 00272 Dace: February 1998 ;fit••, �,—' '', '..-^ �Bd Collins —Be / 112 `a .•,,�qLv , , qua 0 1000 2000 3000 ' Approximate Graphic Sale. [inch Equals 2000 Feet North SITE VICINITY MAP Plate P-I I 1 1 1 1 1 I-a Former SERVICE Am SP Rma Fuel Dispenser �W` Wall S00iller SMW-3 <o.s TPH <I ;EB a <05 _ m.5 T ms <05Ea <O.5S3;<O5x <0.5 "-"•._ Ara Result NA TRPH 13 % J __ __I TPH NA a NA I Former Location 1J T NA of USTs ------ EA NA Fence Line � _ _________; X NA Stockpiled AMW I i taPH 30 .I .�_________ . 1,000 on S14 Filler Rwuk 1514 TPH `l Ara . aeswt ♦SB-1 B <OS TPH q Previous B <05 Asx <o.s Excavation T tl TRPH NA MW2 x h P TKVH MW4 SB-3♦ ♦SB-2 M W-B 1 SALES BUILDING MW-S MW-6� Asphalt J +MW7 Concrete Sidewalk Sidewalk West Coast Highway EXPLANATION Mw.s Location and Designation of DI -a Location and Designation of Fuel Dispenser 0 10 20 30 S Monitoring Wells. A Soil Sample by MJA Consulting, Inc Approximate Graphic Scale: One Inch Equals 20 Feet North B'e Location and Designation of ss-a Location and Designation of Soil Sample 40 Soil Borings. A by MJA Consulting, Inc. Note: I. All Locations are Approximate. No. I. All Locations are Approvmare. 2 NA= N. Anayeed 3. TPH= Tow Fmcaeum Hydrocarbons as Gasoline B= Benzene T= Toluene EB= ENylbenzene X= Xylenes TRFH= Total Recoverable Petroleum Hydrocarbons a. TPH and TRPH Resuls are in Milligrams Per Kibgnm (mglkgl. All Oilier Resula are in Mla,grams Per Kilogram ROBINS PROPERTIES Pacific Coast Highway GENERALIZED SITE PLAN Plate New ort Newport Beach, California WITH SOIL SAMPLE RESULTS P_7 MJA CONSULTING, INC. ON FEBRURAY 11, 1998 Project No.: 00272 Date: February 1998 APPENDIX A CORRESPONDENCE 11 1 ROBINS PROPERTIES 2060 HARBOR BLVD. AUGUST 24, 1995 COSTA MESA,CA 92627 SOUTH COAST AIR QUALITY MGMT. DIST. 21865 E. COPLEY DRIVE DIAMOND BAR, CA 91765-4182 TO ACCOUNTS RECEIVABLE: ROBINS PROPERTIES IS THE LANDLORD/OWNER OF THE PROPERTY AT 3100 W. COAST HIGHWAY, NEWPORT BEACH. THIS PROPERTY WAS LEASED TO NEWPORT IMPORTS AND OPERATED AS A NEW CAR DEALERSHIP. THE DEALERSHIP FILED CHAPTER 11 BANKRUPTCY IN SEPTEMBER, OF 1992. IN OCTOBER OF 1994, TOKAI BANK CLOSED THE DEALERSHIP AND IT WENT INTO CHAPTER 7. ALTHOUGH, I STILL HAVE NOT HAD THE PROPERTY RELEASED BACK INTO MY CONTROL, I WOULD LIKE TO PAY FOR THE PERMITS THAT HAVE BEEN ISSUED BY S.C.A.Q.M.D. AT THIS SITE. I HAVE BEEN GIVEN THE PERMIT NUMBERS AND FEES BY YOUR DEPARTMENT, AND THEY ARE AS FOLLOWS: PERMIT NO. D22995 $165.97 PERMIT NO. D58897 $165.97 PERMIT NO. M94541 $33.40 YOUR ID NUMBER FOR NEWPORT IMPORTS, I BELIEVE, IS 020529. ENCLOSED IS MY CHECK IN THE AMOUNT OF $365.34 FOR ALL THREE PERMITS. I AM REQUESTING THAT NO PENALTIES WILL BE ASSESED SINCE THE PARTY RESPONSIBLE FOR THE FEES WAS IN CHAPTER 11. PLEASE CONSIDER MY REQUEST. IF THERE IS ANY FURTHER INFORMATION I CAN PROVIDE; MY ADDRESS AND PHONE NUMBER IS LISTED BELOW. fi YOURS TRULY, Cc,l' � R'}L lctc• �, dz.. C"� Lea. ,� c7ulc_N � THEODORE ROBINS JR. ROBINS PROPERTIES 2060 HARBOR BLVD. T COSTA MESA, CA PH: (714) 642-0010 FAX 0// q- ) /'a I 4 :.COJiVTYlE , E Li . k, x}2•"^''({t.. _ r�\'t.iL.4'�:xp�i:Ys� 1 ' Y' ;i.•,`il%�� ':11:: ti , ,c^."1 4 P' T.� • C'110�j >it4: ) a. .L':i< F+ / t.Jy"f,.�T HAZARD . IS 1, � a d t'%! �iyl`S^i tty:• ' Y8 I ,'}•�i` n• kH•. qv tL �5:�.,( �:-•.1-i)1.': :•"k:�7' �'k�; .r. 9 �� '� ?Se�1VT� C 70 -4720' '•r'u:'' ��'��'. <1F R :•'t?ta'@. .,.�. .t: ax..., u... k+�a •i r:' n:.• (714jr'667-3700 . r,a:•.L='�::, ,.•..:, :. • .,.,'., •�:.,',i••c•: ' HAZARDOUS WASTE & UNDERGROUND STORAGE TANK FOLLOW-UP INSPECTION REPORT ' FILE # ACC.O�UT�-N# EPA I.D.# FACILITY � :Lyi S PERMIT # �. , ... STREET JI d d /G✓� � >�. —M�7f� -�— MAP COORDINATES CITY �u m 1. c V ZIP DISTRICT • ' .HAZAR&OUS WASTE INSPECTION TYPE # OF UST ON -SITE UST INSPECTION TYPE NUMBER OF EMPLOYEES # TANKS TO BILL UST COMPLIANCE CODE STATUS TYPE EXEMPT TYPE STATUS TYPE EXEMPTION TYPE / 1 # OF TANKS TO CE AS: CHARGE BILL 1 1 ' 1 ✓✓ nt'741A+ + a hii al' "maw; ono mY a✓� T McS 1 ` ' ACTIVE ICRS# INSPECTOR #�� NAME fJV �N'^qK✓� DATE Z`1 I declare that I have read and received a copy of this inspection report s7P12iVV C SERr//elr D/R702 Print N me Title Signature Date ' F042-0961560 (R8195) DISTRIBUTION: 1 - MAIN FILE It — OPERATOR 3 — INSPECTOR FILE File Number 004454 THIS PERMIT MUST BE POSTED IN A CONSPICUOUS LOCATION Page Number 1 ORANGE COUNTY HEALTH CARE AGENCY PUBLIC HEALTH / ENVIRONMENTAL HEALTH ' PERMIT TO OPERATE UNDERGROUND STORAGE TANKS ' PERMIT NUMBER NUMBER OF TANKS OPERATED ISSUANCE EXPIRATION 1876-3 UNDER THIS PERMIT 2 DATE 04-29-97 DATE 04-28-2002 1 1 aft"M "'OWNER 1.... .A au.i.. t.. NEWPORT IMPORTS ROBINS PROPERTIES 3100 W COAST HY 2060 HARBOR BL NEWPORT BEACH, CA 92663 COSTA MESA, CA 92627 R E N E W A L The underground storage tanks (USTs) located at this facility are permitted to operate provided the following conditions are complied with: 1. Any changes to the information,provided in the UST permit application must be reported, within thirty�6 Yr&ys, tcr"this Agenky9�� a 2. The replacement, repair, or upgrade of all or part of any UST or pipes connected ther- must be reported, and approved by this Agency, prior to the commencement of work. 3. All unauthorized releases must be reported to thi$ Agency within the time limits and according to the manner specified in Title 237 Sections 2650-55 of the California CDC of Regulations (CCR). - 4. Written records, as required by Section 2712(b), of Title 23, CCR, of all monitoring maintenance performed shall be maintained on -site for a period of at least three (3) years from the date the monitoring was performed. Written records of all monitoring and maintenance performed in the last three (3) years shall be shown to representati'v of this Agency upon request during any site inspection. 5. If ownership of the USTs is transferred, the new owner must submit a Transfer of Ownership application to this Agency within thirty (30) days of the change in ownersl- 6. This permit is valid for a period of five (5) years from the date of issuance. An application for renewal must be made by the owner of the UST and received by this Age prior to the expiration of this permit. 7. The USTs must be monitored in accordance with the approved method. This monitoring method is identified below and can be found in Sections 2632 & 2640-48 of Title 23, C and Sections 25291 & 25292 of the Health and Safety Code (H&SC). 8. The USTs must be properly closed in accordance with the requirements of Sections 2670-72, of Title 23, CCR and Section 25298 of the H&SC. 'Section 252T9 of the H&SC states that owners and operators of USTs are liable for civil penalties of not less than Five Hundred Dollars ($500.00) or more than Five Thousand Dollar ($5,000.00) per day for violating the conditions of the permit or any other provisions of the UST law or regulations. �NK • s MONITORING METHOD 176-001 33-NEW DBL WALL TANKS/CONTINUOUS LEAK DETECTORS/DOUBLE WALL PIPING 76-002 33-NEW DBL WALL TANKS/CONTINUOUS LEAK DETECTORS/DOUBLE WALL PIPING UNDERGROUND STORAGE TANK PROGRAM ' OFFICE ADDRESS: 2009 E. EDINGER AVE, SANTA ANA, CA 92705 TELEPHONE: (714) 667-3700 Orange County Health Care Agency Environmental Health Division, Hazardous Materials Management Section Mailing Address: P.O. Box 355, Santa Ana, CA 92702 Office: 2069 E. Edinger, Santa Ana, CA 92705 Telephone: (714) 667-3600 „HAZARDOUS WASTE & UNDERGROUND STORAGE TANK INSPECTION REPORT I' FILE NO: 0044'54 ACCOUNT NO: 1676 FACIL('C'Y: NEWPORT IMPORTS ' STREET: 3100 W COAST' HY BLDG# STE# CITY: NEWPORT 7!tEACH ZIP: 92663 CITY CODE:C15 .i NEWPORT BEACH 'NEARE!;"1 CROSS ;;('BEET: NEWPORT BL NEW DOA? !'•!I: W BUSINESS? — NEW ADDRESS%' NEW INf O: EPA# : CAD068142561 UST PERMIT NO: 1876-3 PERMIT: 04/29/97 - 04/28/25: MAP COORDINATES: 88e-H7 DISTRICT: 205 TSD FACILITY? _ NEW OWNER? — PUBLIC AGENCY"' IHW INs)FECT•ION "TYPE: NO OF UST ON SITE: C UST INSPECTION TYPE: NUMBER OF EMP10YEES: 50 0 # TANKS TO BILL :2 UST COMPLIANCE CODE: to 'LAST 1114 ROUTI!%V INSPECTION: 10-27-94 HW EXEMPT, CODEE' 0 ,HW STATUS CODE:: 5 BUSINE'S9' OWNER: 'TANK OPERATOR: CONTAGI: THEODORE ROBINS JR/JIM ROBINS 1H_W BIi.,(..ING lPIf11lE & MAILING ADTIRESS): NEWP01a )--I MPORI": i 1 3000 W COAST HY NEWPO:f!' BEACH 'PHONE: (714 ) 722-4100 CA 92663 FROFE!t'E'Y t�WNE:' (NAME 2 MAILING ADDRESS) ,ROBINf; PROPER T(ES, LTD PARTNERSHIP ATTN. THEODOPIV ROBINS JR COSTA MESA CA 92627 HONE: (714 ) 642-0010 EMERGI-:NGY CON"I d';t;TS NIGHT: LAST UST ROUTINE INSPECTION: 07-30-96' UST EXEMPT CODE: i UST STATUS CODE: 1 PHONE: ( ) - PHONE: PHONE: ('714 ) 642-0011t. UST BILLING (NAME & MAILING ADDRESS): THEODORE ROBBINS FORD 2060 HARBOR BLVD COSTA MESA CA 92627 PHONE: (714 ) 642-0010 TANK OWNER (NAME & MAILING ADDRESS): - ROBINS PROPERTIES 21360 HARBOR BL COSTA MESA CA 9'6'27 PHONE: (714 ) 642-G.1010 PHONE: ( ) - PHONE: WCTIV(: ICR: 941I100 94IR344 INSPEG"I OR #: i/_JI NAME: '�_�� {_! DATE: -7-/4--IL/� tLin D.,4:e: 06-;.14-97 ( HW INSP CNTR' 1 -- -US'r-INSP CNTR�18 PAGE 1 OF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Fnm� II 2 3 4 ® 5 6 7 DAVID A.. GILL DAMNING, GILL, DIAMOND & KOLLITZ 2029 Century Park East, Suite 1900 Los Angeles, CA 90067-3005 Attorneys for Chapter 7 Trustee, James J. Joseph ...—ENTERED 2 01996 UNITED STATES BANKRUPTCY COURT, • -'_ j- n ... • 4CGYly rt:i CENTRAL DISTRICT OF CALIFORNIA 11 In re ) CASE NO.: SA 92-20666JW 12 LEE WEST ENTERPRISES, INC., a ) ORDER AUTHORIZING ABANDONMENT California corporation, dba ) OF PROPERTY OF THE ESTATE 13 NEWPORT IMPORTS, INC. ) PURSUANT TO 11 U.S.C. 9 554 Debtor ) 14 ) [NO 'HEARING REQUIRED UNLESS REQUESTED PURSUANT TO LOCAL 15 RULE 111(7)] 16 The Application of Chapter 7 Trustee, James J. Joseph, for 17 an Order authorizing the trustee to abandon certain property of 18 the Estate pursuant to Local Rule 111(7) was brought before the 19 undersigned United States Bankruptcy Judge. 20 The Court, after reviewing the Application, the other 21 pleadings on file herein, and no objections having been filed, and 22 good cause appearing therefore, makes the following Order: 23 IT IS ORDERED that the Application of Trustee to Abandon 24 Property of the Estate Pursuant to 11 U.S.C. section 554 which 25 calls for the abandonment of personal property and fixtures of the 26 Debtor located at 3100 West Coast Highway, Newport Beach, 7 California, is approved, it being further noted that the Lease ted December 23, 1987 by and between Robins Properties, a 23/015188-0001/3010422.2 a09/12/96 — 1 — 1 limited partnership, and Debtor for the premises on which said ' 2 personal property and fixtures are located has previously been 3 rejected by the failure to assume same within the requisite time ' 4 period provided under li U.S.C. Section 365(d)(4) and the ' S Premises, including all fixtures located thereon, have previously 6 been surrendered to the Landlord; and ' 7 IT IS FURTHER ORDERED that the Chapter 7 Trustee, James J. 8 Joseph, is authorized to abandon property of the estate consisting ' 9 -of-all personal property and fixtures located at 3100 West Coast 't 10 Highway, Newport Beach, California, including without limitation, 11 all personal property and fixtures which may be subject to the ' 12 lien of Tokai Credit Corporation and/or Michael D. Myers, State 13 Court Receiver; and ' 14 IT IS FURTHER ORDERED that entry of this order shall be ' 15 deemed to constitute the abandonment of said property by the 16 trustee. ' 17 SEP 17 JOHN J. WILSON ' 18 Dated: 1996 John Wilson, United States 19 Bankruptcy Judge ' 20 21 ' 22 ' 23 24 ' 25 26 ,\ 27 i 28 22310151MON113010422.2 a09112196 -2- ' 4 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law office of Rutan & Tucker, LLP in the County of Orange, State of California. I am over the age of 18 and not a party to the above -captioned action. My business address is 611 Anton Boulevard, Suite 1400, Costa Mesa, California 92626. In the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. On September 12, 1996, I placed copies of the attached documents entitled: ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF THE ESTATE PURSUANT TO 11 U.S.C. § 554 in envelopes addressed as set forth below. I then sealed those envelopes and placed them in an out -box for collection by other personnel of Rutan & Tucker, LLP and for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker, LLP with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, those envelopes were posted and placed in the United States mail at Costa Mesa, California, that same day. Lee West Enterprises, Inc c/o Theodore Robins, Jr. 2060 Harbor Blvd. Costa Mesa, CA 92727 William Lobel, Esq. Lobel, Winthrop & Broker 19800 MacArthur Blvd., #1100 Irvine, CA 92713 Office of the U.S. Trustee 600 W. Santa Ana Blvd., Ste. 501 Santa Ana, CA 92701 James J. Joseph Chapter 7 Trustee 2029 Century Park E. , Suite 1900 Los Angeles, CA 90067-3005 Executed on September 12, 1996, at Costa Mesa, California. (X) (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. () (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Carole Keegan 11 • I Y 1 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law office of Rutan & Tucker, LLP in the County of Orange, State of California. I am over the age of 18 and not a party to the above -captioned action. My business address is 611 Anton Boulevard, Suite 1400, Costa Mesa, California 92626. In the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. On September 12, 1996, I placed copies of the attached documents entitled: ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF THE ESTATE PURSUANT TO it U.S.C. § 554 in envelopes addressed as set forth below. I then sealed those envelopes and placed them in an out -box for collection by other personnel of Rutan & Tucker, LLP and for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker, LLP with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, those envelopes were posted and placed in the United States mail at Costa Mesa, California, that same day. Lee West Enterprises, Inc. c/o Theodore Robins, Jr. 2060 Harbor Blvd. Costa Mesa, CA 92727 William Lobel, Esq. Lobel, Winthrop & Broker 19800 MacArthur Blvd., #1100 Irvine, CA 92713 Attn: Carole Keegan Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Office of the U.S. Trustee 600 W. Santa Ana Blvd. , Ste. 501 Santa Ana, CA 92701 James J. Joseph Chapter 7 Trustee 2029 Century Park E. , Suite 1900 Los Angeles, CA 90067-3005 Executed on September 12, 1996, at Costa Mesa, California. [X) (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [) (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Carole Keegan 1 I NOTE TO USERS OF THUS FORM: physically attach this form as the last page of the proposed Order ar JudgctonL Do'not Re this fort as a separate document re (SHORT TITI—� CHAPTER ! GSENUMscR: LEE WEST ENTERPRISES, INC.- SA 92-20666-JW I nentnr NOTICE OF ENTRY OF JUDGMENT OR ORDER AND CERTIFICATE OF MAILING ALL PARTIES IN Itl i ccRESTON THE ATTACHED SERVICE LIST: You are hereby no:''.iad, pursuant to Local Bankruptcy Rula 1 16(1)(a)(iv), that a judgment' or arder entitled (soad y) ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF THE ESTATE PURSUANT TO 11 U.S.C. Sec. 554 was entered on (spedel date): 2 1 hereby certify that I mailed a -copy of this notice and a true copy of the order or judgment to the persons and entities on ;he attached service list an (specify date): fated: I! I 1 II II SE% 19'v S E P 2 0 1998 Clerk ofthe Bankruptcy Court - D. HANAVAA a 6eputy Clerk �'S': :-, isr3:J2•:::::GC'::.St:,'-tl:'.:Y]'::25�]'•_::/t.:_.^.'::=2'_<-••: .:'..��::-'1 110 I I I3100 Pacific Coast Highway ' Weekly Fuel Tank and Oil Tank Test Log +--------+-------+-------XMA----+------_--+------------+ date monitor monitor) fuel I oil comments power alarm level level -- ' +I0-8- +b8_+-I -® 1 -6Jonl onof�7 0-1 +--++--+ +-------+---------+----- --- 108114116nloff Ion I +-7--+---------+----- --- --+ �jg19L on offlonl0170 +--+--+ +--+----+--+---------+---------+-- 1 bBla��gblo l-offlonl ff 70 1 �----1-- ---- -I U I 6 o�r off I onl of 7 U +--+--+--+--+----+--+- +---------+---------+--- --- ---+ offlonl of l I r$ I 19� - - ----- - -- 10�IlBI onl-offlonl d 714 1 �' 1 ��"_ — +- +--+--+--+ +--+----+------+---------+--- - -+ ` I Ion offIon1 ff `76 I + l -- �----+--+----+---------+---------+-- - -----+ Ilo I g 61 � off J on l � (� ®-- _ I J -- - -- -- - -- - ---- - -- - ---- ---- -- +--- -- --+ /0 I� Ct��r off - f- -j --- I -- �� ' 9�� off on +--+ �+/-+--+----+--+----+---------+---------+-- - --- -+ Iil I Imo. offlonl $0i-----1--`� 1 -� r� Y6 7U----+--- - -- il.l23+9+-- +----+lo-n-+l --f-f--6- +I +---+---------- - - Ill I30196 14L3� off Ion of -7 D 1 -� I +--+--+--+--+-----+----+---------+---------+- -+ 1/210r21%lonI f�.onj -0 rl0 1 9— 1 D i +--+-+--+--+----+--+----+---------+---------+---- -+ IIZIJ�Piyoo —offlonl ffI -D ' I 1 ---- i� �y ---+------1---+---------+---- I12 I�yj�l I�J.off l onl �� %l/ --- I --------- I ----- -- --+ + +----+--+----+--- I I I Joni offlonj off) I I I +--+--+--+--+----+--+----+---------+---------+------------+ 3100 Pacific Coast Highway Weekly Fuel Tank and Oil Tank Test Log +--------+-------+-------+---------+---------+------------ l date monitorlmonitorl fuel oil l comments power alarm level level +--+--+--+--+----+--+----+---------+---------+------ -----+ 1.�4_( 16�1911 O"' of f l on l Off ')o 1 -e-- 1 _ 1 0 off on f i l l a� R? --- - n off on I +PL + I�---i--I QI-----a----i---------i-- --- ----- 130 qj off on of -7V ,G- +-+--+--+--+----+--+----+---------+----- +-- - ----+ 10?Za5197 on off Ion l of -7 +--+--+.--+----+--+----+---------+---------+-- --+ I�a� . L�+ +__ff Ion g . +-- --- I --------- I - 1 -- - -- - +��1-- -offlonl- f-"���----I -- ---I -I �1�1'+ICJ�ilor -offlonl-of +--F�---I--'v�-I - - - 4?l0 11L7I@Fofflonl-O--�Q------- ©- ---� -- 1 offlonl I 1 1 I K(7IC1 off off, 7�---1 71' 1 1 +�+�+-L+--+----+--+----+---- +---------+=- - - - + ?J7lqonl fflonl ol - I 94— 1�l+-----+---- ---+ +- +off1f - °1 -- I� -IJCj�J71Q1 offlonl off , l -- - I +--+--+--+----+--+--- -7---+----' -+-- ---- + I IQ offlonl off 70 +--+----+--+----+---------+--- -- -+--- - + y� offlonl ff M. l ��► l 04 -+ +- +----+--+----+---ISO -I- - --+- - '+ ---- 1�71� offlonl off, off on VA— 1 ----+ --------------------------------------- 'I )797 3100 Pacific Coast Highway Weekly Fuel Tank and Oil Tank Test Log +--------+-------+-------+---------+---------+------------+ date Imonitorlmonitorl fuel oil comments power alarm 1 1 level +--+--+--+--+----+--+----+---------+---------+----- + lel oty offlonl �l. I 'U --+offlonl o ----i--i--�/ -+- F Iyi--- ---iI -- '--iI --- - --+ +--Io)(�b�( -I ioffon o /v� -+-_----+--+ ------+---- -+--- I offlonl Q l I I l -offlonl 7 I � >� r+ - i -- i - --- -- i - -- i - -- - l (n -� off on �%� ��jj - - ------------------ - ---+---------+-- - - - --+ jQ%jQg+q.7j@j offlonl-(@I---7d---1--/J'� ---�-- - �lM n offlonl of 0 i I I +----+--+----+--I -----+-- ----+--- - - + ++IQ-- p+-q-+l7 +o-- +-o-f-f-++lo--n--++l- -- -1 -p l ---VA— I + --+I-----+ 1 offlonl- ff -- 7D----- - -++Q+ +II offlonl of I I I +--n��---+--N----+-- -- --+ 1�� n offlonl lQ---I N-A l I� t o offlonl of �0 l N* l �! - +-+--+----+--+-- -+-- fL---+-- ---+ - - -+ I l offlonl f I I jti I I !eS - - +-- /�---+-------+-- - -- + off on of U A� Ilo�f Ig71®I I I 1 7 I I I + +--+ +--+----+--+- +---- gllflC lon -offlonl G1 �() + + +,��,--+--+----+-----/1----+---.-M----+--- -----+ Ypny offlonl off 7U +--+�+----+--+-- ------+---------+--- - -+ lOgA14Z1�-offlonl- - ��---�-- n'r --�--- - ----� 11 Orange County Health Care Agency UNDERGROUND STORAGE TANK INSPECTION REPORT DDA: NEWP1: R P �DDRESSs 3100 W : NEWPORT CITY CODE: 115 :1 11 I IMPORTS COAST HY BLDG# STE# BEACH, CA 92 NEWPORT BEACH ILE NO, 0044.14 IOLATION DESC)yIPTIONS i TANK 1 II II II ACCOUNT NO: 1876 EPA# : CAD068142561 105 OPERATING UNDERGROUND STORAGE TANK (UST) WITHOUT A PERMIT 115 FAILME TO REPORT THE CHANGE IN OWNERSHIP WITHIN 30 DAYS 135 FAILUM: TO ENTER INTO A WRITTEN CONTRACT BETWEEN OWNER(S) AND OPERATOR(S) 140 METEitS NOT INSPECTED BY THE COUNTY DEPARTMENT OF WEIGHTS AND MEASURES OR A CERTIFIED DEVICE REPAIRMAN 145 FAILURE TO MONITOR THE TANK(S) USING THE METHOD SPECIFIED ON THE UST PERMIT _ 150 FAILURE TO MAINTAIN WRITTEN RECORDS OF ALL MONITORING, EQUIPMENT CALIBRATION, AND MAINTENANCE ON -SITE _ 170 FAIL(!i`c TO CORRECT PREVIOUS VIOLATIONS WITHIN 30 DAYS 190 FAILURE TO SUBMIT INVENTORY RECONCILIATION QUARTERLY/ANNUAL REPORT 196 FAILURE TO SUBMIT A "PERMIT TO OPERATE" APPLICATION FOR THE USTS AT THE SITE 197 FAILURE TO IMPLEMENT/SELECT/DEVELOP AN APPROVED MONITORING SYSTEM/PLAN X 198 FAILURE TO OBTAIN/SHOW EVIDENCE OF FINANCIAL RESPONSIBILITY 291 FAILUR.'"•. TO SUBMIT A DIAGRAM SHOWING THE LOCATION OF UST(S) _ 120 FAILLM TO REPORT THE CHANGES IN THE USAGE OF UST(S) WITHIN 30 DAPS 125 FAILtM-.' TO REPORT AN UNAUTHORIZED RELEASE 130 FAILURE TO DEVELOP A RESPONSE PLAN TO REMOVE THE UNAUTHORIZED RELEASE FROM THE SECONDARY CONTAINER 155 FAILUIRE TO MONITOR VISUALLY AT REQUIRED FREQUENCY 165 C0(,9'11eiCUS MONITORING DEVICES/EQUIPMENT/TANK LEVEL MONITORS/LINE LEAK DETECTORS INOPERABLE 180 FAIUJFr TO ANNUALLY TEST AND/OR SUBMIT PROOF OF INSTALLATION OF PIPELINE LEAK DETECTORS 185 FAILURE TO SUBMIT TANK INTEGRITY TEST RESULTS WITHIN 30 DAYS OF TEST COMPLETION " 'i`.•• 195 FAILUR(: TO FOLLOW PROCEDURES WHEN INVENTORY RECONCILIATION/TANK GAUGING EXCEEDS ALLOWABLE VARIATIONS 270 FAILURE TO REPORT CHANGES IN MONITORING ALTERNATIVE PROCEDURES WITHIN 30 DAYS 275 FAILURE TO PROPERLY CLOSE UST(S) _ 280 FAILURE TO PROPERLY REPAIR UST(S) 266 FAILURE TO PERFORM TIGHTNESS/INTEGRITY TEST ON TANK(S)/PIPELINES 287 PRESSURIZED LINE LEAK DETECTORS ARE NOT DESIGNED TO RESIST UNAUTHORIZED TAMPERING 209 UND36ROUND STORAGE TANK(S) NOT SECURED TO PREVENT UNAUTHORIZED INPUTS OR WITHHDRAWLS 290 OTHER I DECLARE THAT ( !:AVE EXAMINED AND RECEIVED A COP`( OF THIS �3 PAGE INSPECTION REPORT. I,FRINT NAME & TI1 SIGNATURE_: 1 — q� DATE: -Z/ L -277 s, APPENDIX B UNIFORM HAZARDOUS WASTE MANIFEST %1�t{irprint or tYF• Form,dm:Bnadlor,Py af'ifiro (12•;khJ Nn�Yrlrr, �:,;,•.r _•..y� �(('"Y./, ..a �%j, •, •• ,., ,;r,'-..• v j', ,pam ' � 1-•' N M. 'l:<: .n. P .'fr" • -. • ).SWNi.iO.'r�. .i. i ".a .� ... :....�. .. '• • . C',.nJ'>'!-f �'r-: 1 'i;l.,5r1 , '<:yV'•NIFO'KRM„JiM•)AAFNAI9FRWEDSOT US1s;WASTEY ^.:•G" en..r.a•rotqhr: U{rb ✓EPA 1DyN:,.o:�I`Kf'=';:.• .,'., "."`"r :jam:m•.ilvrl�D.ttvllM•:•ntl •N-c• .�•i�, ey pe0^./..✓.- ;' ' 0 Ci.neralvi . 1 H.. and+aolllag Addnn irrJ�� ' I ..:'•.'. `• {' : ,, yam• + s e, .♦r rSr 1• •:.. _ ,. • � ..• � (Qb G4J,. •3'/"r.,c .n l•.'Gep.rotoY�P�on:`L>^vF-�.i/�'d".A:T�±/7. :' :'.x?�� .:; � :r ::t,.. .I C4 S.4{ron/lpe�Mr/� Compony No.. } , ' 6. OS E?A 1D Number 4 •,m, . 7.TJampgcl..,,� Compony Name �,^\ S. ll:•�A✓IU flumlcr U Q>' .9 De 'gnend fLy oaa Sib Arldutt - - . 10-fJ$FPA iD Number - cN'•ne..'i tom`=��'• .1 .. - .. �.•, •.c''�:' 12. CeNamn '.iJ. 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' •t �' �}, ' 'i i•� hN•:�- �•S' ��c`- e 1`i«,':•:_: :i: 7'�.. t,..` •" "Gro?n: ...iPANSPO9TER AEfAIPlS ?� i EPA 700=22 '.7i ..� r 7 ��'._�. i:. -d.• • R+"1[`•-= ir.".r ''•.1 •'• i , - '!t 'F/;; .hc�;: �: '!` •+ 6Y. -•r4.^ ,` .�('-'e4:5?Cc•. d''�' e..w ; ,'t: n' .,,: i.�>i Y•n- � ✓=�: {� �' � '� .'y.Y.' v",'Sat1•) ! :'a'i`'' . � �: � �` � ��. t.-'r' '�• i' � •:.-, i.: •i �i :< �#i� 'f'': . .J< �, yJ'�����,r�_p i„K, •- 4t� �•�/,,v1",_ �'L [•- [ t. ht ii _ H1�:l�1 ( • f�✓.•c� r. 1 �y.17'y %"...'rc(i ('v f•:-� tt'' Y 4 J, �i�'•, �" � !r•i.:• "�✓�t •-i 4:["ti.',r 't '• •'. M �. !:i' [ '�.\'NL�/r<4:.: � �i'.f.'P.�!jt�w+i � 'r*' ... 4` ✓•'• *� ,V.x� • �-.. 'h' 'aF..: .s:;• n:. c, � r`�4yy �C „T +•�r�: �•='•:y'.. v..,;;:C �, �S -.�.. �. f�. M --�l^'�i�rjA',.� ' - A•� �r,. •?,Ft��b�•�'. '"•P'. a7.•t?�.a r r;'^: %-. F r .+�.. :j:. :�.:^..pi:`l .>,, ,. ll Y C7 F N Cat IE FACILITY MODIFICATION APPLICATION (NSTALLATION/REMOVAL /REPAIR) (COMPLETE PAGES t & 2) HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH DIVISION 2M E. EDINGER AVENUE SANTA MIA. CALIFORNIA $2705 (714) 667$700 EMU-ITY INFORMLMN ,p � NAME . �O B 1 AU ffi O i MIL it S STREETADORESS: ,2I0 -CITY: o T TOTAL NUMBER OF TANKS E INSTALLATKW VAL) AT THIS LOCATION: 14 TYPE OF BUSINESS: O GASOLINE STATION 113 FARM O GOVERNMENT MOTHER TELEPHONE NO: . ' � • 1 .. 1 t 1` ,Il.a L STAT2 ZIP AX001 TELEPHONE NO.AC-)LO TOM DRAM MBECTDF HUGH F. STALLWLONRT( A ENVIRONMENTAL HEALTH T>NMM ROBERT E. MERRYMAN, RIM. MpH DE" atREcran INDICATE NO, OF TANKS) BEING REMOVEDIREPAIREPANSTALLED BELOW: (COMPLETE PAGE 2 • INDICATING THE TANKS TO BE WSTALLe"EMOVED, OR AFFECTED BY THE REPAIR) av� 1 C7 INSTALLATION($) O REPAIR(SpREUNE(S) TO USTs CLOSURE(SYAEMOVAL(S) • SYSTEM MODIFiCATtON (E.(L REPIPE, REPAIR TO PIPINO) O OTHER (SPECIFY) ; • ll) I . , t � • NAME . L - I tp . . (os411 CAKE'�' 97*01 lu t 04 - "MeGgo SIGNATURE: iA - • t A , r COMPANY NAME: • • 1Lv�►x1TIzfla�71ll� a • • NOTES: NEW INSTALLATIONS, CLOSURES, REPAIRS AND SYSTEM MODIFICATIONS OF UNDERGROUND STORAGE TANKS REQUIRE TK SUBMITTAL OF (4) SM OP PLANS TO THIC DIVISION. THESE PLANE MUST BE APPROVED PRIOR TO THC 49TIATION OK AM CONSTRUCTION OR MODIFICATION. ALL PLANS OR REPORTS REQUIRED MUST ACCOMPANY THIS FORM AT THE TIME Of . SUBMITTAL I PLAN APPROVAL AND FEES ARE VAUD FOR ONE YEAR. IFTANKS HAVE NOT BEEN REMOVED, INST&LED OR MODIFIED WITHIN ONE ' YEN? OF THE APPROVAL DATE, NEW PLANS AND n JV rw rao co Jo U:::47 ORANGE COUNTY HEALTH CARE AGENCY ENVIRONMENTAL HEALTH DMStON MEALTWWFIVICE OMDER 01 • CEQ/HSF wcvsat# ) ' S 02' CEO Plan Check/Foods (PC* ) 03 CEO Plan Check/Foots (PC# ) 04 Food 1etriGes Cal - Decal No(s) 03 CEQ/Court Fie3tkutlonikxfgenwnt i Name (MN 06 07 Hotet3/Mote43 (ACct/Beta` MassaW Partor (Acct/Batt ) ;_ ,* > 4--- -- 06 Noise .111- -� •09 Uqukl Waste Hauler • i 10 Farm Labor Camp Registration 3 ' ' .11 Land Use =ti 12 'Hazardous Waste (Acct/Bat# ) $ 13 Mazerdous Waste Fines . • i ' 14 Hazardous Wrote Restitution/JUdgemVit S , tam Case# 15 Mazamicus Wane Clean-up •• '* ' •16 Inf cWA Waste (AcCt(Bat# ) S -- LIUA15F (ACCVBatf ) i•• y--�' UST Plan Check (PC* 19 UST State Surorterge 20 .UST Restitution/Judgement „ 3 No" Case# 21 VMle (Corsi — Rown _ _ Destr ) S Water— Cam_ ink. Math. AX Monh,— MVAft MiNer Consultant 22 Hacicflow/Cross Connection 3 Montle) i 23 5MI Water Systems i 24 Copies of Records ti 25 Tax (motor comet of Copes)OTHER if PA10 BY CHECK NO, '; �.. - • � • ' _ :•vy. ts.. ' r e.r 5p.t3�. f�f9A 10.M1 .._..____.__ .a . _�....,._.... - �._ '.LFW'� 1. l ,dr 'a.'^ 9.::Li1 •,a rtij 4b •ya ey:5b °k CITY OF NEWPORT BEACH = NEWPORT BEACH, CA 92663 ���RECEIPT ' �ct.o.xr• 'RECEIPT NUMBER: 02000146898 RECEIVED 8Y: PERRY2 PAYOR: MT WALKER Co TODAYt$ DATE: 02/04/98 REGISTER DATE: 02/05/98 TIME: 16:29:57 06404415 SU5INE55 LIC TA BL$#970515 $167.00 0102263 DEP ACC/MICROFI $.50 23305055 FIRE PLAN CHECK F9800037' ;'• $93.00 ' 23305057 FIRE PERMIT/INS ..___..__ $93_00 r.+ UT�L'- , �4JE : $343 .'50 Lf� CASH PAID CHECK -PAID CHECK*NO . '+ TENDERED CHANGE $,00 $343.50• -2561 $343.50 $.00 :%<;�4 ,; :�.e• w: � :'%r ,fie'. Nh 1 •r a` •, YS,. t ,r . - �'' - ' ' .,` •.. ', Y.(y r�•::•+.'''..o.:',� �.j1R+�+t j%...fit'' .,i: 'S.♦ } 't? .µ 1.• �.�1:•:' [;/t •;rt• �-• A��,'jK 'J�v'1iF�i'�.�'�. ,:v�.• ' •"t :�c ••.:r'rtl,�e�'�Qbbd'•,�'%^to-^t'" � "M„"�:�i ' .. .. r • ^Y�.4odf°n 9W. led:' �(5"', '. .. � .. f � :• .'1 •; 1:� ,'S1- �� I• �':�rf•d't".�'%d'n r�1 •':^�iv. ♦u .r ,�.L 9 Y - rye :•..C,`�'u;,^U•f. .. �• rI�>. �i.. ,fir �, 4. t.;An, ,•y� /;.�:.. ' , -•�� -` . t � a$ ;'�: r 'a;G; t^ Y.;FC•,-bat fjiJ.7,?'%'�,G ! _ H ♦ •. _ r ."":i '•'V rJ' ?• -.i� �• Ar. ��•' •K �� vi.fi'•i:•CJJ 4•'' :;i , 7 'l•?:•., YAM „•: �S 1 ._ ' .`'• ..: .; ::.ut:"r u:if: -r'G'. :'L�rt+;�i l+¢"y+���/��lym r.v 4..Y--: x.j::�p+'3� .,FL.w;. �, t:, M' °'�r:.;•�("G`' ai _ �r4,ytiC t. N �:y .T•.f}'�,y-.".'' �1, ry ` , :�f}•J - r ,;a;�;�.,[ ;?' y�••�$59�•2 ` �. ii lkytr+,,q ��;�', s ' �• .ss2-'$%7 ' :? ._ , - •.xr•:Ti7 `�•'"'t�'''"i.�n�'•itr• uT.��.i1..�lk•'y,n9:.� • r r - .. � y v , 1. .'viy'4 V •M, � n. , i � r4.i SERVICE BUILDING `{• �.1=MOVE �+ bio�AS 1-tL �AsaLinl>r 5�0 EW oiL� yrt �n1� ,� 1A.19Sttl 'Sv CF. iii;.sG �Al�frrr.'Ni6 SuPCRt� t_ot1tJ'ty ►�aRrt+ � G JXMIL'T OAXKITaSWOO . 41i pipmy assal�r�d wrt4 t b aw "dw l H aoi rur j ewk �W.aH��i ,•.r ii, ,�Y 1W i 1a P%ALmpJb1M GSHOA ruus1111 of �- Pump, 2 it.lou 4f ;Yy FtZf unaervion, ,1lIMwNt f.� •rr Crecr.u� paaffle ('.oast SALES BUILDING Rov MO r ,tot be MnetrU ^d to pe m" y law, nor d� it on the pI etioie 10 01 {,aQFprov;:t tao Jac un nittct<s Chang@s of made by tho 111ILM.M/ 'ro" In addition to this l!P wr"^•7:" r owAtofpp8ermlt3 to ulred (it MKi,+. IgeW ++ {ma M In of `MIA Crr+mtlrr, In, buildiM1O ePgrbnent� 1Aanag@ment Dietrt�,�,�„ Gnu 1u1. �IM59,04010Va1I a NorrM W lrceti.r erd Ongnrtl.r of irrt {ut Underground tank ins oanta - OreU/ it #41 G 10fit, ire. repair 5cholntd3d8 hou s Itel�d lmo t. Ryupt (71 a) 661-3700 tar an apOA°Id plan must be a a ia510 at the site at all timer . y� s r qqti: 4.,�;�NtiKway { { i� ruts �!{�wrrir+lueM, GlMereta Lf 4"EPAa.IZED > IT15 PL MI !tip 1RIJACONSULTA IP1C. w.r..rH.�seae�:t�•.iifw. riw. trn� 1 w....... w..... r... ii . � •.-.i •... .�. r..�... - _ . ,��r..• ��rC :..r �.ww.� :v �.�..��:.�"tSs.�t.LA ,�...�i:ww:rti.:..i..:....rr w.•ou. ., w. v.. .yi. .i'iu•_.—�ni.. ....n..j... APPENDIX D TANK DISPOSAL FORM r, in, rOl rcn c0 = Un•-11 CERTIFICATE f)F DESTRUCTION Newport Imports 3100 W. Pacific Coast Highway Newport Beach, CA One 1,0007 & One 550 Gallon. Steel Underground Storage Tanks Have Been Scrapped, Crushed and. Destroyed At Pacific Coast Recycling in El Monte, CA On February 11, 1998 DATE: — er CAL -VAC ENVIRONMENTAL SERVICES 10506 SHOEMAKER AVENUE SANTA FE SPRINGS, CA 90670 Phone (562) 946-4994 Fax (562) 906-5210 - ..� . _._^�v,�,4T•,w.._..._.._..-r. rnw�^-.....n..�µ-.��-v-.a�{+C.?a^�.;ew;� , a,.: �_:� •..:�i"M1�t'C^"j''�'��� �'^� APPENDIX E 'UNDERGROUND TANK iI t Orange County Health Care Agency LMqDERGR(xiND STORAGE TANK INSPECTION REPORT E(PA: RESS: NEWPORT IMPORTS 3100 W COAST HY NEWPORT PEACH, TY CODE:C15 I NEWPORT LE NO: 004454 VIOLATION DESCRIPTIONS ILITY 1 II 117197 117/97 r II II It PLUG# STE# CA ?2 PEACH ACCOUNT NO: 1676 EPA# : CAD066142561 _ 105 OPERATING UNDERGROUND STORAGE TAW (UST) WITHOUT A PERMIT _ 115 FAILURE TO REPORT THE CHANGE IN OWNERSHIP WITHIN 30 DAYS _ 05 FAILURE TO ENTER INTO A WRITTEN CONTRACT BETWEEN OWNER(S) AND OPERATOR(S) _ 140 METERS NOT INSPECTED BY THE COUNTY DEPARTMENT OF WEIGHTS AND MEAM-S OR A CERTIFIED DEVICE REPAIRMAN _ 145 FAILURE TO MONITOR THE TAW(S) USING TIE METHOD SPECIFIED ON THE UST PERMIT _ 150 FAILURE TO MAINTAIN WRITTEN RECORDS OF ALL MONITORING, EQUIPMENT CALIBRATION, AND MAINTENANCE ON -SITE 170 FAILURRE TO CORRECT PREVIOUS VIOLATIONS WITHIN 30 DAYS 190 FAILURE TO SUBMIT INVENTORY RECONCILIATION QUTARTERLY/ARAK REPORT 196 FAILURE TO SUBMIT A 'PERMIT TO OPERATE' APPLICATION FOR THE LISTS AT THE SITE 197 FAILURE TO IMPLEMENT/SELECT/DEVELOP AN APPROVED MONITORING SYSTEM/PLAN _ 198 FAILURE TO OBTAIN/SHOW EVIDENCE OF FINANCIAL RESPONSIBILITY _ 291 FAILURE TO SUBMIT A DIAGRAM SHOWING THE LOCATION OF UST(S) 120 FAILURE TO REPORT THE CHANGES IN THE USAGE OF UST(S) WITHIN 3 DAYS 125 FAILURE TO REPORT AN UNAUTHORIZED RELEASE _ 130 FAILURE TO DEVELOP A RERONSE PLAN TO REMOVE THE UNAUTHORIZED RELEASE FROM THE SECONDARY CONTAINER _ 155 FAILURE TO MONITOR VISUALLY AT REQUIRED FREQUENCY _ 165 CONTI(W1S MONITORING DEVICES/EQUIPMENT/TANK LEVEL MONITORS/LINE LEAD( DETECTORS INOPERABLE _ le0 FAILURE TO ANNUALLY TEST AND/OR SUBMIT PROOF OF INSTALLATION OF PIPELINE LEAD( DETECTORS _ 185 FAILURE TO SUBMIT TAN( INTEGRITY TEST RESULTS WITHIN 30 DAYS OF TEST COMPLETION 195 FAILURE TO FOLLOW PROCEDURES MEN INVENTORY RECONCILIATION/TANX SUING EXCEEDS ALLOWABU.E VARIATIONS 270 FAILURE TO REPORT CHANGES IN MONITORING ALTERNATIVE PROCEDURES WITHIN 30 DAYS 275 FAILURE TO PROPERLY CLOSE UST(S) �1 280 FAILURE TO PROPERLY REPAIR UST(S) _ 2B6 FAILURE TO PERFORM TIGHTNESS/INTEGRITY TEST ON TANKS)/PIPELINES 287 PRESSURIZED LINE LEAK DETECTORS ARE NOT DESIGNED TO RESIST UNAUTHORIZED TAMPERING SU 8= TO PREVENT UNAUTHORIZED INPUTS OR WITIDRABLS 1-' 9 $ PL1j, _ 28B UINDERGROUND STORAGE TANK(S) NOT 290 OTHER 10Y1S�� �-Or va-� OQ Oc\fl SO© - \' l (� g. C"e+Y�n,n , , c <c 1�w 'Tc�yxr.n SOU ���+Oc V r \ »n \ CCk Chir lam. DECLARE THAT I HAVE EXAMINED AND RECEIVED A COPY OF THIS PAGE INSPECTION REPORT. 4 XA INT NAMC& TgTLE: tC c cl C/l >la&r 1"§ 1MAT✓&A—. i ,IGNATUK: J l li / DATE: -.�!-z/ �` / 18- ' Orange County Health Care Agency UNDERGROUND STORAGE TANK INSPECTION REPORT �EIBA: NEWPORT IMPORTS IDRESS: 31910 W COAST HY BLE'G# STE# : NEWPORT BEACH, CA 92663 1Y CODE:E15 I NEWPORT BEACH LE NO: 004454 ACCOUNT NO: 1676 EPA# CAD068142561 A TANK ID# !CODE!TANK # 001 !CODE!TAW # 002 !CODE!TANK # ! IY41L11 i TAWh [ ' ' !MATERIAL STORED ! ! ! ! ! ! ! urrentl ! !DOT1203 ASOLINE ! !2070.W WASTE OIL ! '• ! t^e used t ! ! ! ! .'reviousl ! !DOT120 GASOLINE ! l2070.W ASTE OIL ! ! ' _ n.__�.._i. 1�. Iconnn 11 1WAS7F ! t UELcTYPE !1 !UNLEA ED 15 !WASTE I' '• ! ! rade Secret 0 NO t0 'NO ! ! ! !EXEMPT TYPE ! !NO DM ON FILE ! !NO DES ON FILE ! ! ! ! toubie/Sin le Wall !1 !DOU E WALL TANK !1 !DOUBLE WALL TANK ! ! !Compartment No. ! ! ! ! � t ! ! ear Installed ! !196 ! !1987 ! ! ault/Not Vaulted !2 !NO t -2 t .NO ! ! ! ! ! ! ! ' anufacturer !99 !UNKN WN !44 !UNKNOWN ! '• nTerlDr unlit -77 ;WI.nnvn.. _ ....._.._ ! o�dary Nall: ! ! •' •' � ; � too nlnlvwnwM !99 !UNKNOWN eak Detect:Type 15 !LIQ PROBE CO TINUO!5 !LIQ PROBE ONT7Ruu: t anufacturer !14 !RONAN !14 !RONAN ! ! !PIPING: Location !1 !UNDERGROU D(10%+) !1 !UNDERGROU (10%+) ! t- ! t i ensr/Tank Fill !1 !SUCTION !2 '• !GRAVITYIE '• auble/Sin Ie Wall !1 !DOUBLE W L ANK !1 !DOUBLE W L TANK ! `• ! t !Priaary Wall: ! ! ! ! ! ! ! onstruct Material !3 !FIBERGLA S !1 !STEEL ! ! anufacturer !3 !KEESE !99 !UNKNOWN ! ! ! Secondary Wall: ! ! ! ! ! ! ! ! (Construct Material !3 !FIBERGL SS t3 !FIBERG ASS ! `• anufacturer ! 99 ! UNKNOW !99 !UPIKNOW ! ! ! t eak Detect: T e 15 !LID PR E CONTINUO!5 !LIQ PR BE CONTINUO! _ t .13 .MALLUR '- 13 !MALLUR ! ! ! t TYPE OF OVERFILL ! ! ! ! ! ! PROTECTION.. !a !BALL F AT VALVE -!a !BALL FLAT VALVE !SPILL ! ! ! t t CONTAINMENT !1]YES !1 !YES MONITORING ! 35 ! `c•e�Aove 35 ! —� "-M �� ! ! �THOD !-3Z- !NEW D WALL TANKS!�3v !NEW DBL WALL TANKS! ! ! (LAST TANK TEST ! !04/11/91 '• !01/29/87 ! ! ! INSPECTION DATE: /h_/-2Y PAGE OF Count Health Care Agency Orange Y; "' I Environmental Health Division. Hazardous Materials Management Section Mailing Address: F.Q.,Box 355. Santa Ana- CA 92702 Office: 2009 E. Edinger. Santa Ana, CA 927055 Telephone: (714) 667-3600 t ua7ARnnm WASTE k UNDERGROUND STORAGE TANK INSPECTION REPORT FILE NO' 004454 ACCOUNT NO: 1876 EPA# : CAD068142561 UST PERMIT NO` 1876-3 t r1CILITY: NEWPORT IMPORTS PERMIT: 04/29/97 - 04/28/20912 REET: 3100 W COAST HY BLDG# STE# MAP COORDINATES: 688-H7 ,ITY: NEWPORT REACH ZIP: 92663 DISTRICT: 205 ITY CODE:C15 3 NEWPORT REACH NEAREST CROSS STREET: NEWPORT BL TSD FACILITY? tW DBA? — NEW BUSINESS? -,__- NEW ADDRESS? _ . NEW OWNER? ___ PUBLIC AGENCY? NEW INFO: HWSPECTION TYPE: NO OF UST ON SITE:-2--, Q UST INSPECTION TYPE: BER OF EMPLOYEES: 50 O # TANKS TO BILL UST COMPLIANCE CODE: 2 LAST HW ROUTINE INSPECTION: 10-27-94 LAST UST ROUTINE INSPECTION: 07-17-97 EXEMPT CODE: 0 UST EXEMPT CODE: 1 STATUS CODE: 5 UST STATUS CODE: 1 71!LESxS.OWNER: i .t,. Z.i..,PHONE: t ) - IPANK OPERATOR: PHONE: THEODORE ROBINS JR/JIM ROBINS PHONE: (714 ) 642-0010 KONTACT: b1 BILLING (NAME & MAILING ADDRESS): UST BILLING (NAME & -A LING ADDRESS): NEWPORT IMPORTS THEODORE ROBBINS FORD 1000 W COAST HY 2060 HARBOR BLVD EWPORT BEACH HONE: (714 ) 722-4100 CA 92663 ROBINS PROPERTIES, LTD PARTNERSHIP 'TTN: THEODORE ROBINS JR �OBTA MESA HONE: 4714 ) 642-0010 (3ENCY CONTACTS DAY: LIGHT: CA 92627 COSTA MESA CA 92627 PHONE: (714 ) 642-91010 TANK OWNER (NAME & MAILING ADDRESS): ROBINS PROPERTIES 2060 HARBOR BL COSTA MESA CA 92627 PHONE: (714 ) 642-00110 PHONE: ( > PHOt4t: ( > - ACTIVE ICR: 94TI100 ?4IR344 NSPECTOR #: � NAME: Run Date: 02-09-98 HW INSP DATE: L/ I /4T UST INSP CNTR: 19 PAGE 1 OF ___ APPENDIX F LABORATORY ANALYSIS ."dvanced Technology Laboratories February 20,1998 C. ,fames & Associates P.O, Box 742 Cardiff, CA 92007 ATTN: Mr. Michael Anselmo Client's Project: Former Newport Imports, Robins Property Lab No.: 23830.001/013 Gentlemen: ELAP No.- 1838 Enclosed are the results for sample(s) received by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (310) 989 - 4045 if I can be of Rather assistance to your company. Sincerely, Edgar P. Caballero Laboratory Director EPC/ms Enclosures This cover letter is an integral part of this analytical report. 11. report part. ally to We sasnplea mvestigated and does not neaneasily apply to oarer apparusdy identical or smularoalenels 'nis report a subioticd for Wa azclm'm iueaflLachudtowl,wnrtiseddressed Any reproduction ofaus report or we ofais Uboratoys name for adwrlumg or pnbimily pupose widow oudwrirzUosus prohibited Mailing Address: P.O. Box 9108 Newport Beach, CA 92658 15,10 E. 33rd Street Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040 M M= M M M r= M= M M M M M M M r M Client: MA Consulting, Inc. Attn: Mr.Dlichael Anselmo Client's Project: Former Newport Imports Date Received: 02/11/98 Matrix: Soft ilA'Te Tff- r) Rit1 r6 df:acttiini-VFTA 8020' Lab No.: I Method Blank 23830-009 73830-010 23830-011 23830-013 Client Sample I.D.: ISI IS2 IDI Ispi Date Sampled: -- 02/11/98 107111198 02/11/98 02/11/98 C Batch#: 198SG20SO44 11988G20S044 I98SG20SO44 11988G20SO44 11988G20SO44 Date Analyzed: 02/16/98 02/17/98 02/17/98 102117198 02/17/98 Analyst Initials: AK JAK JAK 1AK JAK Dilution Factor: 1 I 1 I 1 I 1 I 1 Analyte 3 1U)}„ twits pm TPH Gas { 11 niWkg 1 1.01 Resatts ND Out, 1.01 lt"alits NDI Ou t 1.01 A'Aa #;! NDI I i71;ut 1.01 Resttlta• NDI Ti);..R 1.01 Rastdts NDI DLR Rkstdts II DLit. Results {DLR Reat is DLR} Results Benzene 5 5.01 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND Toluene 5 5.0 ND 5.0 ND 5.0 ND 5.0 ND 5.0 ND Ethylbenzene I 51tar/kg 1 5.01 ND 5.0 NDI 5.0 ND 5.0 ND 5.01 ND S lens total 1 5 5.0 ND 5.0 lm 5.0 ND 501 ND 5.0 ND Lab No.: Client Sample LD.• Date Sampled: C Batch #: Date Analvzed- Anal st Initials: Aualyte Dilution Factord I MDL e }?ants ` DLR i Results I -DW Reselis _ DLR Results I DLW Results DIA Restdtwj DLRJ Rcsults DLR1 RrsuWl - DLRI-ResulLs I DLR4 Resulta TPH Gas li m - - Benzene I 5 ipglkg Toluene 5 ggtkg Eth Ibenzene 5 UOICE Y lens total 5 MTBE I 5 MDL = Method Deledlon Limit ND = Not Detected. (Below DLR) NA=NatAvalyeed Reviewed/Approved By: I /`— Lee Ingveddson, Department Supervisor The cover letter is an integral p.trt of this analytical report. Date "dvanced Technology Laboratories ' Client: MJA Consulting Inc. Attn: Mr. Michael Ansehno ' Client's Project: Former Newport Import Received: 02/11/11 'Date Date Sampled: 02/11/98 �1}�f} ;a Ee•E:D . • '•;Afs�#4'�is. : '1bat�eil,ttal eft �£asuEfl; €l;�i �>r3ti3fs 1N�1�; :; � Ah�iist 23830-012 S3 EPA 418.1 RP 02/18/98 30 Soil, m 10 10 MO 23830-013 SPl EPA 418.1 RP 02/18/98 13 Soil, mgtkg 10 10 MO ' MDL = Method Detection Limit ND = Not Detected (Below DLR) DF = Dilution Factor (DLR/11IDL) ' Reviewed/Approved By: U',d4- f d4, L / Date: Cheryl De Los Reyes ' Department Supervisor lbe wwr1dW a an mftial part ofnua analyural report '-,APFA�dvanced Technology i- Laboratories 1510 E. 33rd Street Signal Hill, CA 90807 Tel: 562 989-4045 Tax: 562 989-4040 Spike Recovery 5ummaiy Method C:\HPCHEM\1\METHODS\8025EXT.M (RTE Integrator) Title 8015GAS/ 8020(BTXE) Last Update : Wed Feb 04 15:49:17 1998 Response via : Initial Calibration Non -Spiked Sample: 23842-17.D SpikeSpike Sample Duplicate Sample ------------------------------------------------------------------ File ID : IMS0216C.D IMD0216D.D Sample 98BG20S044 988G20SO44 Acq Time: --------------------------------- 17 Feb 1998 3:21 am 17 Feb 1998 3:43 am ------------------------------- Compound Sample Spike Spike Dup Spike Dup RPD QC Limits Conc Added Res Res %Rec %Rec RPD ; Rec -------------------------- Gasolin ------------------------------------------------- 192 47-1401 Benzenee 0.0 10.0 24 1186 122 24 I 100 I 86 I 11 113 68-1211 162-127 Toluene ---------------- ------------------------------------------------------- 162 154 86 82 5 QC BATCH # :988G20SO44 ' Reviewed and Approved by : Date �[4 Lee Ingvaldson, / ' Organics Supervisor ' ` AIPP%dvanced Technology I 15/0 E. 33rd Streel Signal Hill, Cif 90807 Tcl: 562 989-4U45 Fux: 5G2 989-4040 Laboratories Method, 418.1 Analyst: MO Data File, 8049-1s Spike Recovery and RPD Summary Report Dale: 02-19-98 Sample ID: 23830-012 Matrix: SOIL ANALYTE UNITS LCS I LCS Res I % Rec I METH BLANK SPL CONC SPK ADDEDI MS RESULT MSD RESULT i %MS REC I %MSD REC I REC Limitj RPD I RPD Lund i MDL TRPH mglkg 500 438 88 NO 30 so 1 4731 436 1 89 1 81 1 65.123 1 91 201 10 Approved by: Cheryl De L s Reyes Inorganics Supervisor Date: "d>anced Technology Laboratories CHAIN OF CUSTODY Orange County Health Cate Agency Environmental Health Division 2009 E. Edinger Ave., Santa Ana, CA 92705 Telephone: (714),667-3700 1. ALL SAMPLES ARE TO BE HANDLED AS COURT EVIDENCE, AND ARE TO BE PROPERLY STORED IN A SECURE LOCATION. 2. PLEASE WRITE LEGIBLY. 3. ATTACH THIS FORM TO THE ORIGINAL REPORT OF THE ANALYTICAL RESULTS AND RETURN THEM TO THIS OFFICE. LABORATORY RESULTS RECEIVED WITHOUT PROPER CHAIN OF CUSTODY DOCUMENTATION WILL NOT BE ACCEPTED. P a—' J F- 4. 6. 7. TO BE COMPLETED BY LABORATORY ANALYST 5. LAB NO.: DATE RECEIVED: SAMPLE(S) CONDITION (PLEASE CHECK): CHILLED: _ COUNTY SEAL(S) INTACT: CONTAINER IN GOOD CONDITION: DATE ANALYSIS COMPLETED: ANALYST: SITE DATE OF COLLECTION: BY SAMPLE COLLECTOR — 1 i _ SAMPLE COLLECTOR/COMPANY: TELEPHONE NO.: HCA REPRESENTATIVE: SAMPLE DETERMINATION TIME OF NUMBER REQUESTED SAMPLE DESCRIPTION/COMMENTS COLLECTION It,•sriraw-<Jn 'c�fd.ItR 1 J 2. t •'r �. SIGNATURE' ' 3. SIGNATURE 7 4. SIGNATURE 5. SIGNATURE COMPANY/AGENCY _ 7 _ J i,• .N,t COMPANY/AGENCY COMPANY/AGENCY COMPANY/AGENCY COMPANY/AGENCY INCLUSIVE DATES/TIMES 1 INCLUSIVE DATES/TIMES INCLUSIVE DATES/TIMES INCLUSIVE DATES/TIMES 6. SIGNATURE COMPANY/AGENCY INCLUSIVE DATESMMES WHITE -RETURN THIS COPY TO ENVIRONMENTAL HEALTH, CANARY -LABORATORY COPY F272-9.15311(R8189) ® PINK-CONTRACTOR/CONSULTANT COPY, GOLDENROD -OFFICE COPY CITY OF NEtNPORT t9EAGH " /J. / . ' APPROHAUNCONCEPT NO. l` i This prciFc4 Conf;,rr�s to. a!:: r^,' ,able planning replations and pplicies in cli&ct errt:S's cs.i „+_,.r c These plans.are'nv Y,a auw•_, . cc ti tim purpom.. No built ng Wnut vi€il wja8Cc":.Cn ; 3;i^yipa8115fE;CB!VBd (POfn 0 z v If u C 5 � 8� � m v n B O O R A A E C E f E c . f .,... ....... A. ...,.,, ...t., ........ TLA. IIiC NEWPOAT BEACH N r zf a S c llp, 3,'9Sq �a � O S LAI CL lbkk v th (Maetutrict Offioe ROVED �.,ii M�a. 1. 96. 9-8 MAVMM ation: 21,772 sq' 100.00, 218.70' seven standard spaces + 1 handicap 1.7% 40% 58.3% sqare footage (gsf) building ground floor remote storage upper level kitchen building height 114 gsf 256 gsf 370 gsf total 1463 gsf 1806 gsf grand total 28' —0" arm 0J se pacific coast highway pacific ocean 3100 pacific coast highway • CU301 • CU401 x� existing survey demo plan architectural site plan grading plan planting plan floor plans roof plan exterior elevations building sections J L� DEC 1 ®1997 I- T.L.A. Newport Beach, CA use permit submittal C'T r OF NEWPORT BEACH APPROVAL IN CONCEPT N0. / L� This prcject is^�.�ms to all applicable planning regulations end policies i!, e,13o; " this d� °. Thes! ,o S t.re not to he used for constuct'on purposes. No owner,wall iS ieCel4ed from the Cali` mi C;3c:61 'm,.iission. T.L.A., inc. Pt.A �DEP N:T 4464 Fremont N., suite 310 Dy. Date. Seattle, wa 98103 206.545.9055 206.545.9044 (fax) contact: Jonathon Rodriguez-Atkatz, President 49 boora architects, p.c. r' •,� == �rrv^ 720 sw washington, suite 800' Portland, or 97205 503.226.1575 503.241.7429 (fax) contact: Brian Jackson, a.i.a. Mark Vanderzanden I G - - BLDG '' ', • -' - - w.^ - �.' • - BLDGK...� - �{GMJ.LI\fw. �MY1v iA�WR41� BENCH MARIC �� ITCP .. - REINFORCED WI�M\L.L 1. - ERJS STOP_ RD - ROOF DRAIN - • BLK BAM OF BY CRUSHED AGGREGATE BASE SDAW STORM DRAM MAN4NOLE CO -CATCH BASIN - STREETLIGHT CC - CONCRETE CM SLNI OF -CURB FACE S/O -CURB At GUTTER- U Ly II 01 CAST IRON sT - STREET SE•T bl CL - CENTER LJNE SL LT. ` STREET TJOtiT _ gU - P - CHAIN UN K FENCE STATION i85�lJV�OIIS BASE STD _ - GIB - CRUSHED STANDARD _ - -~ _ - 00 m CLEM OUT S1MC - swmmx. 720'aw Ynahfngtoa Pattlaad,Or 07205'. CONC - CONCRETE �g - TEMPORARY BENIM MARK [teI] 509.228:1575 {ta:]b09'.E41.74E9 DC - DETECTOR CHECK TT: -TOP OF CURB 01 - DUCTILE BK1N = - TOP OF CATCH BASH - TE - TRASH 0 ' E ELECTRICAL EE w TELEPHONE pp - � CURVE . WH TOP OF FIRE HYDRANT r EM - ELECTRIC METER TG - TOP OF GRATE ELEVATKN 1 J - -- -- l 1 ---- --_-- — - ---- - 1 T "t Nq/[ EM = EELE�C11�A1. MAM40LE 7Po8 : BEGINNING 6 - --✓ ` l Ei+ - EDGE OF PAVEMENT, - TS TRAM SIGN 99' 9 , ` SET /,P �C EV - ELECTRICAL VAULT tsPB -_ PULL BOX * G, ate) ,�- �'�C p.4 - _ _1 9 N 4i l4 Fl Fd O f L E)C - Ef E AL T.SKi - s 9 ►l EG °Cs• E o08� & Js Fa R PULL Boa VB - VE'EN Of Box S FF - FINISH FLOOR MA - WROUGHT RON - -- 1 fd, L FG - FINISH GROUND MM - - WATER METER l �%� __-' - -� ,- ` - .j�oOg STAG LS j186 C V OF �3 = FIRE HYDRANT W/G M a STOP FL WooFLAW UK MIS PCC SLAB �YD u STA.27i . r` -✓ 100,40i 7635pE ° r 4 FS - FINISH SURFACE Wv =WATER VALVE 1'ft- N$SET PK NA/L Ee 71N P yn, T5/ .re„4 r e - METER Y PROJECL NUM6ER 96003.01- GM YD. LT. -YARD LIGHT _ C 0. SPK GEAR SPIKE (000.00) - EXISTING ELEVATION T` OV -OAS VALVE 000.00 - PROPOSED ELEVATION CABLE' B �� HB - HOSE BIBB - PROPOSED CONTOUR s- AC p dL ' OX - HANDIrrw �- T.LaA. HP CC - HIGH POINT It n HIGH �FW-- . TER' - A Nv ICV - IRRIGATION COINIROL INVERT ELEVATION VALVE N b avr ~ — i YI - --a--- - GRA NEQVPORT BEAC�i - ---GB--- - GRADE BRENc AC i Lp -LOWPODIT —R---- - RIDGE 3i00 PPOW OOAff 1310MAY Ou NNIQ9 : �� SEIM t / PA '"'GAIT ; LT. STD. - LIGHT STANDARD I - STORM DRAIN i LJiT - LEAD AND TAG �'CL '; �• `� MP - METAL POST MT TELEPHONE MO m MOBIL OIL-W---- -WATER NG - NATURAL GROUND ELEVATION -► - DRAINAGE FLOW PCC �i O N/0 - NORTH OF - FQiE HYDRANT 00 • NDOFFTO SCALE _X-- _ - dIAN LINKOF- FENCE ® ® l ^ - - RIGHT-OF-IYAY PCC S (Xj P . - POSE � - — - INTERIOR LOT LJNE FS LAB PN - PRESSURE NJOCTION VALVE — -Nt-- - CENTER UK 11,°T 1r pO PPM - PROPERTY UK - EXISTING CUL7URE p (t/ r • �� p'wQ PCB - PONT OF BE GINNI NG :��- RETAINING WALL `p Poe - POINT ON CURVE 1Qg8 ' �l OVERHANG z BVIL DING (v 1 n PL CURVE DATA - cri O A _ 06°56158' c C SLAB ®3ET PK NA/L• & •r//J R = 1650.00' - __ 3' , T 100,19' P� FL `' _-•. �a� P L = 200,13' -' '0 gI PccsL B = 03028134' �rS AB STA 105 ` A� RI R LINE t cE�' ': ' cos? R _ 1650.00' SET PK NAIL �� _/ �C` MEET ICI? 2 i010 'T O' _ Ai ' a I p ® i � PCC eu� �'' �''Q� o T 50.07 Ppo A,t.,mi�ll'+'�.. o C = 03°28'23" r v CD IV" STA 112(' . a_ _ SET PK NAIL L — 100.02 G % �..; . ��� 1 ® i�Fl A/Wf 2 ` , • ® • . 1 I 1, CITY OF NEWPORT BEACH GZ MNN9 fro NEZL '• , r ` t T APPROVAL 1N COPdCEPI' N0..1�Ld' , � MAN/Ii.IR ' This prr eci coniarms to all appli:ablo plannin reg lations V \� �'• • � in ��IeGt 4* thrrS date !' G ` • 1 t v and p . No V�r \ 6 ' l Thes 're nag i�l be used for construI s r purposes � �• '' ! 4 r nui 7;.• t.a rssed until app I is received from pcc.' BENCH MARK - No. 1 J-52-73 he Ga.,, ;+a r;oasr, rmssron j?/ EX/S ® tC• O (O.C. SURVEYOR MAP No. 54-QUAD SHEET No. 11 PLAty 0~P Date: _ ANG BU/LD/NG } t:� 210 COL BRASS �C AT S/W COR GB. 1�'t E/0 S%Y END OF BY _ T /y MN3 ®"/' MfZL NEWPORT AVENUE HIGHWAY PACIFIC COAST HWAY r ® PC BASE /TYP) p AC P� k �4�r mbwr Yfl :;< 7 :h S/O CDMMLJNE OF PACIFIC COAST HIGHWAY �I ELEV = 9.318 ADJ 1985-76 l MNB NG S/GIN q Olg A/W7 j� PUr l pM o SO Cq f0 BOX NrfR ® RHEAO S® Fd. S &W . ,., DEN o - Sn L .e SE COL bCo 210 COL 12 au PM ® ®SET Pk vA o? � try u PM 'c. � „• - I• - g pII® i PALM ' O (n(�u� glN ��E16I- CIVIL: ENGINEERING & LAND SURVEYING:,— .' , F .` (1 ' • car "PALM ,,, oa-a�, 98 C O.OR Y E N G I N E ER I N G �► A c.U�,,t yr JW C1 `_ _ . Wyg ..d'I�I � TEL- (582) 868=8266 FAX:. (582) 868-072' /. 4 •� Dg7A ^ 4_ sSE- NUMBER, RENT ON DATE CO. 24" L 112"M Fled Irnowa Nrry. sift P. swc. 144.. soft F. "m% CA SWO k T FACT TOPO_ GRAPHIC.. SURVEY 3100 WESTCOAST HIGHWAY, NEWPORT BEACH, CA.; PREPARED FOR: TLA, INC. 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TW \ BW 15' L CB 1 0 50 10.00 / r NP \ • y CID � O .� Q. ��0 0, SA DRAIN a / f / L5z4aZ41w ' rl PR� » PACIFIC COAST H►GHWA Y I A GRADING LEGEND TW TOP OF WALL BW BOTTOM OF WALL TC TOP OF CURB BC BOTTOM OF CURB CB CATCH BASIN -- -- — EXISTING CONTOUR PROPOSED CONTOUR r---7, - A_ P. C H:' - - - 720.sw lfeahington P o r t I d,Or:97205. - (te1' 503,.226 1575 ['fas[503. 24L 7429 „ I TY OFNEWPORT BEACH l PROVALIN CONCEPT II is pr Ject comr.fms to all applicable planning regulations a d posies in on this date. used for construction purposes. No I b ,ding ,r it �.;:! c� iss ac ustll approvai is received from tl' e Cali rnla oimnis2ion. , 3 DEP :"i,.EN"' j E�j Date: 9 South C6ast,D,1strictiC2P ep" APPR6vED Permat No. NUMBER „' REVISION ,DATE "I-- GRADING PLAN : S'C A I. E tag•'. p • - :. :.D R-A,'WN B,Y ,M. - .. . S S U E:D- AUGUSTOB,"1997 SH�E E T "N1U M B E R CU101 tz !U e., G GROUND COVER (3100 S.F.) SHRUBS AND GROUND COVER (1750 S.F.) _LIS STRUCTURES (360 S.F.) 1 BE IRRIGATED. PROJECT NUMBER 96003.01 T.L.A.. NEWWRT BEACH 3100 PAC= COAST HIGHWAY WALKER•MACY 111 Southuai Oak Stmet, Saite 200, Portland, OR, (503) 228-3122 CITY OF NEwvuh I D[mvl APPROVAL IN COP,j -FT 0. la�nm re Rations rt coa(cr ns 4^ ai! 2 p,..abl p g g This pro,.re and pcP.ei e ct on iris d-1s. se not i.3 e Is, for constr;rctlon pwposes- No These p . r s u; i approval is receive from the Caiiic ;" Coasias :mission.. /�G/9 _ PLAN DcF'' 1+ Oate. BY $purls- AVPT Fermi ri Ifr..! 98' �- NUMBER REVISION DATE. PLANTING PLAN . e .,- .. , , . , - _ .. __ . _ v - ,. - - _ .. _ -I. _ _. - _ i;,' - - . . ,� I.� _ I � I �. I. - � - - .. I� ,1I I STORAGE' - I .- - - ., - .. . - ,' . - , � - IIII .'II -I �...�� , � �-' -� �I- ._ 1 -I _ 2 � AI 4 /"�I.I� 5 ),I11 , :-� :I� �II.. _ - - .. . . . I I � I- I I. �I -- L . I .. ��_II /: � ,I ,I , ,,,�-- ��.-II . �II� ,, � , 1X� � LANDSCAPE PLANTING �-�� ...II. y� 5� 11 : ' y . . . II" , . � ,I. .� 87'-0' AREA - .�I� : . I.II - .II -I I.I ��.I I .:�I_ �I- I.I 15'-O" % 18'-0" I 18'-0" 18'-0" 18'-0" I. I�-I ..III � �� -.I II. , II ,111 �I� II..II. .,._ - - -� .// - .- ,.I � ,1 - ' I -, II II� I�� I- ., II - I ,- / - . ,I , - - .I II I ., '1I� .I . - - _ ' - - - - - �II -I - 720-ax Iathin9toil Portl-snd0r 99206'_ .I. ..,I.� � CAST IN AA I .I _CONCRETEDM%E- \. I II [tei]303.226.I573 `[te1]699.2411f22,: .' I I CONCRETE RBS — I -I,— >_.THRU LANES. �I� �II--I�III :: - - � I. I- �III-II- / 1-III CONCRETE PANNG � �I ; . I - 1II ,�I . I —o'-Ii ,1, -IJ I -II . I- - IcED ARGy�l - - - II �� .�1� -. I - 1 .�I .� CONCRETE DWVE- I� .. LANDSCAPE PLANTING I�, CAST IN PLACE - F� - 6 Y_ G. BO I.I� 1 � �A II I� I .- �II 0�5 THRU LANES. ----. ., AREA CONCRETE CURBS .1 /. . II Q /.-/-. I-- I - * *. I. LINE OF BUILDING /I. - � ._ . � 1 I�. ,. z1II TRUSS A80 I-� II J ------ �r , _ 9�F -I ---AND _/. _/-� _A.-. _I ----------� -_. - -- _ ---- ------ -- -- ---- ----- - �SI--..I ------------- -- ------ - ----- A�CAL� --� � —I —I ---- — --------� --� � _ ----� --- — � "I� _� II� -_._ - o-.. II I " �I1I � . i .IF .11I .�mIII .I . I � I I. I. �� I I / . I -� - II I. I I PROJECT NUMBER 98003,01 I.I -I ._1 III ... / / CONCRETE PA NG 'cI o _ . ' ��I,I I _ .I I�. I. II �I II I. -- .I. I I .,� -III I .I � I - �.� - --- -- --- --- --- -- --- --- --- -- --- _— \ '-. ELEY. YAtN. - II�I - - T.L.A. • _ - I� I-.�I. I t ,o, . I� 1. -.. - . .� I� I 'I .. �I .- -\-I,o III: L.I NEWWRT. WACH I B / i .,L =1 PALM CGOAST HMMAY . ,. 1� �I _ � ��- -- �I1 -.� 1 ----- �` — — ------ -- — — ----- — -- — —--------/i----- --- -- — ---I / II . I i _,. _I-- -/ -- I /�� —�I'\-:-�I I.--I � , -�I —. _ /�I I . - , _ _ _ - - - I" -4" /- ,.I I I III �- �I II�_II .-/ I ,- - - - - - ` - ,— FOOD CONVEI(ANCE - -' � J` , -� . II- II II .� % _ - SYSTEM. — —------- — --- �. — - . -� CANOPY/SUNSCREEN J \_ LANDSCAPE PLANTING I� .-. II- I �� � � ABODE.. I_ AREA. I �I- I.- I III LANDSCAPE PLANTING ' ' I- /�� I . . -� I AREA_ I . / , I- ,. , - II.. �I I I . � � .� I . � III . I 11 �I� �II, � I �. ' r ��I .�1I . - ..... , 1 GROUND LEVEL PLAN . I- I -,. - I - I. II�-I. ; . - - -- r` �I-" mII IIII - —I, � - - ' SCALE: 1 /8" = V-0" -- - - II I - -.- ' - �.. -I. - ' II& -I I1IIII- - � I � .--I . � I I �I II � I/. . I I I . II -��I .��I - , - .'r .- �.II .I.I_I ��II I .I I I - �II .�1II - I— I � , III-/1 ._/ :--II_ �I— II L 1�., I I,_ II.,' I "I I1-1 � I I i.I� - -' ._ '-. _ ,_, , . III I I I.. . -I. -I I .I II. I I �,I , I II -- I I I �1 �- -. I �II I . .., , I. . II 1 2 3 4 I 5 .I II 6 -I I. .. . ^ I _ .I. I - 87-0" I —I. I - I�I � . III 1I I III � . 15'-0" 18'4" 18'-0° 18'-0" I 18'-0" �- 18'-O" -- 18'-0" 15-0" I �� • . ' - ,7 , II 1I. -II1. II1� .. -II L III� I4I II. I_�I I -I PAINTED STEEL I I'I.I �II I � I . -1 I I,- II. I. - CITY OF NEWPO�T BE jCH o p ' Rations ieg -. .I1 STAIR W/PERFORATED .I APPFOVIL NG rianr'r+9 u, r -III 1I �.III �_ - I. I/5 . METAL SCREEN. � cr PiSPi:;. :: 140 �II II II I , . III - 13'-0" -0 4'-3" 13'-8" _ ;, J". ^� �, , yr. ; (S" , 11,S. o `: n, cnr GOr,.9 3i':cd`" 'n I�-. I � -I� II - II I._ 1- , I I I 1,. I I 1.I ,, III - II�� I�II. III � .- I � � I= III I . I . - I�� - � I. iheCalR )n,4 q ^1T Da+e. x . II II 1 - I � -II �I I.I�I - �I- � - -III - PLAN O C �' ; . -; �I , I �%.I .�I �:� �. ,_ II I� � I I_ �- —3 c .I - , Iw-. BY II� A ° I. —II� NI . -. =.I" _ . - ���x-_- ;I i � i � i \ !®d I rL---F-I , m . , . RESTROOk tot 676 SQ.FT. - - - 1 J JI COLD RY STORAGE AREA 3350 SQ.FT. - _ r----, grc,mJ r`----1 - - _ _ _ - . - O I 2 .- ' - '' - I Q0 o-�L L l M �-_ 77- 1 1-� 1 Tj + . . - - - RESim— RESTRM. AREA, 202 - FOOD CONWEYANCE G .. WA X-IN FREEZER ` i � 65 SQ.FT' � ; ,' pPh ovg � ' y ,+�s ermit N`°�; 3 :! 9 _ 115 SQ.FT. , ® � ® _ - B I 01_ It ,7:�ZI� .II .I� 0 37 . .. I * ` - 1- -- - - : 1FFECTIVE - .n� //__ `` C E L [ I, . M SMK . II� -I ABorE a� NUMBER ; 'REVISION E - -. ., _ -I 6'-3" 5'-4" 6'-5" - ' �I. I.I „ I,- FABRIC SUN SCREEN - . - ' `. - - . . -'' 11 ON PLANTED STEEL FRAME. - - .. } - , -'. , -- � PAINTED auJalnua . ., „ , .._ _ - = 2 _., , LEVEL PLAN �- I,I - - ,,, WINDOW SYSTEM . �z a - . -' ' :KITCHEN - _ - SCALE: 1/8 1 0' I .-�r1II .1� .- • - . _ .. . �III ., . �. - �,,I _ �II. . . - . . -- I 1 I � �-� ,� I- - I,_I — - - . - .� i III I �I I- II,� - -. I,,. 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II. . ..m.I- -.- -� _ , - ,,11� - 15'-0' 18'-0' 18'-0" 18'-0' 18'-0" STEEL STAIR BELOW CANOPY BELOW r " PROJECT NUM6ER" 96003.101 1 SE' SCALE: 1/8" _ Govemor tCAi.;FORNIA COASTAL COMMISSION South Coast Area Ctocp Zoo Ooea lg'100_Q,,�� (So ID R.C,av pgo C of, N�wpO Page: 1 of 3 Date: February 26, 1998 Permit No: 5-97-398 On 3 February 1998, the California Coastal Commission granted to TLA Incorporated Coastal Development Permit 5-97-398, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an automobile showroom and related facilities and construction of a 1,553 square foot, 32 foot high, drive -through -only restaurant (two -stories consisting primarily of a single -level elevated one story above ground) with a 300 square foot storage building and nine parking spaces located at the rear of the property, 1,612 cubic yards of grading, and paving of Avon Street. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 3100 West Coast Highway, Newport Beach. Issued on behalf of the California Coastal Commission on February 26, 1998. PETER DOUGLASfl EC�Q� P Lh: Executive Director le: oastal Program AFalyf MAR 6 1998 ACKNOWLEDGMENL CALIFORNIA ASTAL COMMIMMI SSION The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).T4A//��Z.,,arpv-aft( 2164ruAt., 19f8 'ly 44 Date Sign Perm' I�1wresrofitif c�6WGEv/ Please sign and return one copy of this form to the Commission office at the above address. Y- lei •• •. •-►j► �►� .. Page 2 of c 1. �lotice of Receigt and are., ,aivag1I18IIL The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Ett kati.= If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior t th i 4-' _ib o e exp ration date 3. Com Ilan s All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. In, actions. The Commission staff shall be allowed to Inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms end Conditions BU �tth the I and These term be perpetual, and it is the intention of the Commission bind all future owners and nncanec„.e s al... _..L:__. __ s and conditions shall and the permittee to PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the owner of the property shall execute and record both a deed and lease restriction, in a form and content acceptable to the Executive Director, stating that the subject permit is only for: 1) the development as described and conditioned herein - namely, a drive -through only restaurant with nine on -site parking spaces (including one handicapped space); and 2) any future improvements '*"�NM-9�7-398 . ►�Page 3 of 3 to the building, including but not limited to revisions of on -site parking, the addition of walk-up window service, or sit-down dining area, or other change in intensity of use, will require a permit amendment from the Coastal Commission or a new permit. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, except for the existing lien of the Ford Motor Credit Corporation, that the Executive Director determines may affect the enforceability of the restriction. This deed and lease restriction shall not be removed or changed without a Coastal Commission -approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. JTA:bu 97398per.doo. c:lmsofficelwinwordltemplatelpermit.dot Printed on February 26, 1998 ECE�'V 0 MAR 6 1998 CALIFORNIA COASTAL COMMISSION South dosst ixistriot ®33is0 GTY0; VOVP0R-1DE;.v9 2l% — 1 AFPROW.L U CV'�EFT W. cc This pru b aP t:lanning regulations Afift6vEB �7 Permit vib. VV� i B7i anGp5iI1... ,.?r_:LGni C,' /G gG1(I ,Lv PL PSG DEPARTMENTtPP Date MTVy :� (� r�l r0 BY r"'"-� Dater --FLJI `n 5- q7- 3 i6' @=D REVISE PARKING, PRONDE i AVON STREET HANDICAP SICN AND LOCO r PER SHEET L700. r r PROPERTY LINE 100.6 o ------------ Th ..e pf as t;^ r„i :o ha ussd for construction purposes. No huil::ing permit '. ;:a isaxd un I a ptuval is receivad from the ce5"or,rn Cvcctal commission. LANDSCAPE AREA J-z P,F-v(5L�o Rye .3103 W �W C& 4LS-1— VlW Y O Q � 9 OO n J J Q n a SEE CIVIL SHEET C202 FOR i AVON STREET IMPROVEMENTS. i lam, ...... .. .._ ' C001(SON' ROLLING' SERNCE - r DOOR, TYPE JP -•PUSH-UP 1' .... .... . i SEE SHEET A102 FOR i-ENLARGED.STORAGE r ROOM PLAN. Mariners Mile TLA/City Lights Design Alliance January 26,1998 Meeting Summary M M Attending: Jonathan Rodriguez-Atkatz, TLA Inc. �iE- Ceti Troy Seavers, TLA Inc. Mark VanderZanden, BOORA ARCHITECTS Joseph Goveia, GOVEIA & ASSOCIATES Keenan Smith, CITY LIGHTS DESIGN ALLIANCE Lee Anne Kirby, KIRBY & COMPANY (working w/ City Lights) David Baab, BAAB & ASSOCIATES (working with City Lights) Sharon Wood, CITY OF NEWPORT BEACH Christy Teague, CITY OF NEWPORT BEACH Purpose of Meeting: To discuss comments by City Lights Design Alliance, City Consultant developing design framework for Mariners Mile. Landscaping Keenan Smith noted the need for more landscaping in the Mariners Mile area. Jonathan Rodriquez-Atkatz agreed, noting landscaping is an essential element of the project. As addressed in the consultant comments dated 1/19/98 and attached, Lee Anne Kirby recommended some planting materials be replaced with substitutes more suited for the coastal climate. Specific species such as Washingtonia Robustus Palms and Trumpet flowers instead of bougainvillea were suggested and are further discussed in the consultant comments. Recommendations/Agreement: • Incorporate Logustrum hedge with palms clustered at Coast Highway frontage. • Relocate proposed back flow prevention device currently shown at Coast Highway frontage to rear of property if at all possible. Landscape screening needed if backflow preventer is not relocated. Lee Anne Kirby suggested the densely planted palm trees planned for the inside rear of the property could be planted with shorter palms or at greater -spaced intervals to allow palms to be planted at the Coast Highway frontage areas. She recommended the palm tree planting areas have drainage provided. There is no drainage for the palm planting areas currently shown on the plans. It was also suggested drainage for the edge planting areas on each side of the project be closely reviewed due to the possibility of concrete footings in conflict with drainage. She suggested drilled drainage pockets could be a possibility, but that any such drainage needs to be shown on plans to ensure it occurs during construction. Color Keenan Smith shared the proposed color palette for Mariners Mile, and suggested the proposed blue is more of an accent color. He recommended the building be finished in a white or light gray color such as shown on the color board, perhaps with blue on the canvas or as an accent. Jonathan and Mark suggested the blue was selected to fit in at the location, with the color being similar to that of the sky or the water reflection. They noted it would be evaluated in the field, and a change could be determined at a later date, but they were not inclined to change the color at this time. Recommendations/Agreement: Special attention should be paid to paving treatment and color in order to minimize glare and oil stains. The paving is suggested to be a color concrete treatment of at least "class 2." Lee Anne Kirby suggested a charcoal gray or other deep tone, with a heavy sealant applied. She suggested glare was a greater issue than heat, and that color was more effective than texture. Paving selection and color is to be determined. Signage The planned signs were discussed. Jon Atkatz noted the vision for signage was for a "clean" image. It is expected to include a simple logo on the west corner of the front facade, perhaps with white neon behind a softening glass. No pole signs are being considered, but will likely propose a monument sign. It was agreed the signage as discussed was tasteful, upscale, and not in conflict with goals for Mariners Mile. Li htin The lighting concept includes extensive fiber optic lighting on the perimeter fencing, canopies and landscaping. Any proposed light fixtures such as those on the rear fence will shine downward. It was agreed the lighting concepts were low glare and of high quality. There will be no "Walpack" fixtures attached to the building or typical light standards used. Conclusion In response to a question on the overall feel of Mariners Mile by Keenan Smith, Mark VanderZanden noted the complexity is its strength, and Mariners Mile has many unique facets besides the obvious feature of the bay. TLA will send a set of landscape plans, with plant lists, to Lee Anne Kirby at 305 N. Coast Highway, Laguna Beach, CA 92651. 00'A CITY OPNEWPORTBEACR• . APPROVAL IN CONCEPT N0. • ' '�?/6 9 6-7 This project conforms 10 all eppftable plapning regulations and p licles in effect on.-Mlsda;e, - Theseplans are nct to: ;used Iry constiuction purposes; Nd buil3ingperntit s ili a is ced griPitupprodal is received from ' the Califorma:Cuastal Commission.. - . • ' PC ING'DEPARTIAENT • (I By .J .. • : • . :.Date: i g � � � v G I 'QI 11 ' B O O R A A R C u : T E C T S Ilfllft M=111 , V u.11 T" NG f J WRORM OOASM 0MDAM 1 PARTIAL SIT£ PLAN tiff.. If b O� I.,t Office Address: 843-C Fourth Street Encinitas, California (760) 943-1735 March 20, 1998 MJA CONSULLTING, INC. "Protecting America's Environment" Mailing Address: P.O. Box 747 92024 Cardiff, California 92007 FAX (760) 942-5414 The City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 The City of Newport Beach Fire Department 3300 Newport Boulevard Newport Beach, California 92663 RE: The 7 barrels located at 3100 West Coast Highway, Newport Beach, CA. Gentlemen: Please be advised that the material contained in the 7 55 gallon Department of Transportation Barrel, was generated from the installation of Ground Water Monitoring Wells. Attached for your review, is the Laboratory Analysis of the subject material. At present, the material is being profiled for disposal at the appropriate facility. Once the material is accepted, it will be manifested as non hazardous material and removed from subject property. Should you need additional information, please contact me at your convenience. Sincerely MJA consulting, In Michael Anselmo Engineering Manager `,AJVPPAF'dilatic•ecl Techiiology Laboratories September 19, 1995 MJA Consultmg, Inc. P.O. Box 747 Cardiff, CA 92007 ATTN: Mr. Michael Anselmo Client's Project 9: CE-272 Lab No.: 7891-001/006 Gentlemen: Enclosed are the results for sample(s) received by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (310) 989 - 4045 if I can be of further assistance to your company. Sincerely, ^ Edgar P. Caballero Laboratory Director EPC\kk Enclosures This cover letter is an integral part of this analytical report. FLAP No.. 1838 Thc upxt extaim wr w tlx mryln imecepew eN don mt mcenxdY xdl W otlxr eppaentlriden0tel a vmlx mtKIAL The rpartle n6iined la h a<lume me al tlx Bunt m wkmn is �ddesnd. Mrreaalucem of the repot a one el ttit UeaowrYs tin fa eMxerinp a gdui71w7^ree mtl�nvt wtlwiaom is Ixandbd. Mailin,, Adrlrese. P.O. Bor 9/08 Newport Beatl h. CA 92058 15/0 F- 331el Sneel Signal Hill. CA 90807 Tek 310 989-4045 Fav: 3/0 989-4040 Client: MJA Cons Attn: Mr. Michas Client's Project: CE-272 Date Received: 09/11/95 Matrix: Soil _ Lab No.: _v Client Sample I.D._ Dale Sampled_ 4C Balch #: Date Analyzed: _ Analyst Initials: Dilution Factor: Analyte 1 MDL Ur TPH(Gas) 1 me Benzene 51 ug Toluene 6i u Eth (benzene 5' uc X lenes total , 5: uc Lab No.: Client Sample I.D. Date Sampled: QC Batch #: Date Analyzed: Analyst Initials; Dilution Factor: Analyte IMDLI Ur TPH Gas 11 me Benzene 5 uc Toluene 6 rc Eth (benzene 61 uc X lenes total 61 uc DIDL= Method Detection Until ND = Not Detected. (Below DLR) DLR =btDL X Dilution Factor NA = Not Analyzed • = 7Te r aa eontalw The w.nne+mw h be,..+.d on ov Reviewed/Approved By: _ The cover letter is an integ.... ...... ... .............,,....,, ,..,.,,.,. `�rh inn rJ lry rrmir�;. IAW Spike Recovery and RPD Summary Report - SOIL Method : C:\HPCHEM\5\METHODS\8025EXT_M Title : EPA M8015 (Gasoline) / EPA 8020(BTEX) Last Update : Mon Sep 18 17:20:49 1995 Response via : Initial Calibration Propject No : CE 272 Sampling Date: 9-11-95 Non -Spiked Sample: V03162-D Spike Spike Sample Duplicate Sample --------------------------------------------------------------------------- File ID : VS3166.D VS3167.D Sample 7926-02 MS 3PPM GAS SOIL 7926-02 MSD 3PPM GAS SOIL Acq Time: --------------------------------------------------------------------------- 14 Sep 95 05:33 PM 14 Sep 95 06:06 PM Compound Sample Spike Spike Dup Spike Dup RPD QC Limits Conc Added Res Res oRec oRec RPD -------------- o Rec ------------------------------------------------------------ Gasoline (mg/kg) ND 3 2 2 51 50 3 12 47-140 Benzene (ug/kg) ND 1178 71 25 1189 23 35# 1107 32# 11 12 66-121 Toluene (ug/kg) ND 191 106 1 14 62-127 QC Batch #:958G20S1135 � Re% iened/Appro%ed By: Date: Yun Pan Organics Supra isor `,4j§Pp,�Advam cd 7erhnolagy Lubnrmmn,� 1.510 E. 3.3rd Street S'ig,wi llill. CA W807 Trl: i/0 989.4045 Fax: 310 989-4040 CHAIN OF CUSTODY RECORD `ANPP�Idronced Tec hnologl• - — FOR LABORATORY USE ONLY No. J H 7 ' t Method of Transport I Samp, Coma or Upon Receo. _ Laboi-arodes Batch rt D.O.z Walk-in CHILLED Y❑ N (Y CCNTAINERI?FAC- YSd N Courier ❑ SEALED Y ❑ N LKi t.OF SPL S MATCH COC Y '$- N U 1510 E. 33rd Strect P Ox, UPS ❑ • SEAL INTACT Y ❑ N I5' " HAZARDOUS FEE Y 0 N rJ Signal Hill, CA 90807 989-4045 FAX FED. EXP. ❑ PRESERVED Y ❑ N R' HEAOSPACENOA: Y C N = (310) • (? 10) 989.4040 Logged By: IV 1 Date: Time:6= r" ATL ❑ CONTR LOT: Client: /7✓A Address: ,00 ,t1 Od)C 7y7 !/f 20lFZ =- ' 6/y 9Yt -17.s lo.vtvtsi ivc Attn: — ----- city State e-4 Zip Code 9Gcic7 cAX t Project Name- Project »: E _ z7L Sampler: (Printed Name) tsignaiure, Relingwshedby s5.m„•. re o,,.,�,e n,m.; �/ Received by ts,-, .. va,n.a n.,,,.I Date ve- Rehngwshetl by reb...�. vd o.„i.d H.m., Received by:lsm..... w R,nisa x.n,.I - - DalegT ry S-% ==e Z- - - Relinquished by isyn.ni n n,dTn d edm., Received by: ISIm"s. Pnmw n.m.I Jme �e 1 hereby authorize ATL to perform the work indicated below Send Report To: Special Instructions/Comments Unless otherwise Project Mgr /Submitter: Attn: Co: requested, all �• CF/G„9�7� 9 !11 Y samples will be 'l Date: r /9 Address disposed 60 days Print Nam�/� � after receipt 'Wa " !' , Signature City State — Zip -SHIP TO LAB: SHIP TO LAB: SHIP TO LAB: Circle or Add u A / C CIRCLE (SUBCONTRACT) (SUBCONTRACT (SUBCONTRACT) Analy9a(ea) Z RTNE a ao } I TEST Art.. TEST ATL. TEST Requested ems' ` y� APPROPRIATE OI U� I RWOCB ATLI au° oU �, m` °°°1 MATRIX r- i WIP [ DATE DATE DATE F' yRv am d'1 04 g� O MATRIX { j `O CLIENT 10 CLIENT 10 CLIENT I D, °�" .p �o U� 0} O cc NAVY _ ?� ��} Qm� rybo m2P �~ 6 e :e \ O OJ p r� Conta:neas): w CT _ LAB USE ONLY. T Batch »: Sample Description a't x-� e N OTHER_—._ @ m ' MLab No. Sample I D. Date Time onF �o� �� �'em moo^ m^ MJ yo` s'e y ,e' 3��� o `A' « Type REMARKS -6D �w4-7 9111 66 sa-i -7 005 J — i I ' i � I { t , Sample Archive,01 sa' ❑ Laboratory Stance , TAT: A= Overnight B= Emergency C= Cr@Icai D= Urgent E= ROUtlne •TAT startsa a.m. following day 8 samples Preserrvatives - Ome,----_--_ 24 hr Next Workda 2 Workda s 3 Workdays s 7 Workda s received aher 7 m H=Hc1 N=HN^v: S=r SC, Re1L•-To_..� ContainerT es:B=Brass V=VOA L=Liter P=Pint J=Jar' T=Tedfar'G=Glass P=Plastic M=Metal Z=Zn(AC•) -^ "c .-a 1•r.7 P..:1-"'i'C CAMPI F DISPOSAI UIS IHIBU IION White with report. Blue with life folder Green to omanlc Yellow to inoraar•; Pink Y Gold --- `AIJIFKA'd panced K chnnlurr y .'Aff Laboratories September 20. 1995 MJA Consulting, Inc. 11.0. Box 747 Cardiff, CA 92007 ATITI: Mr. Michael Anselmo Client's Project 9: CE-272 Lab No.: 7907-001/008 Gentlemen: Enclosed are the results for sample(s) received by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (310) 989 - 4045 if I can be of further assistance to your company. Sincerely, Edgar P. Caballero Laboratory Director EPCUns Enclosures This cover letter is an integral part of this analytical report. ELAP No: 1838 Ih+npwt pann+ W Y b tla nnplss Ima+hpslad aM des mt mcasnnly apply to otlar ppaantlyldroheJ a dmla manJu iN+rapatu sugnttad la tla asclurha ma of tla chant to wiwma a adda+ed MY leaodxhou of W+r"I a use of he talsonter/snare la sMahwnp a pudmty papma w,tlwut sutlaliletM h pphhted Mailing Ai h -ess: P.O,. Bu.v 9108 Newpnrr Beuch. c'A 92658 l5/0 /i .i.ird Street Sivnal lhtl. CA 90807 Ted • 3l0 989-4045 Fax- 3l0 989.4040 a - r Client: MJA Consulting Inc. Attn: Mr. Michael Anselmo Client's Project: CE-272 Date Received: 09112195 Matrix: Water D,' �d ,. :d: ,Is: •• IMW-1 MTW-2 MW3 MW-4 -- _ 09112195 _ _'09112195 09112195 9112/95 968G20W113fi 958G20W7136 958G20Wl136 _ S58G20W1136_ �58G20W1136 09115195 _-_ '09116195 09115195 ,09115195 9119/95 ;HZ HZ HZ Z HZ MWS NW-6 ,MW-7 'MW-8 9112195 i09/12/95 '09112195 09/12l95 ;958G20W1136 _ 558G20W113.6_ 958G20Wt136 958G20W7135 t09115195 _ 14911S195 _ 09115196 _ 09/15/95 HZ HZ IHZ iHZ --1•- or: 1 _ 1 1 1 1 1 1 1 1 1 1 i 1- Units . DLR I I DLR 1 1 DLR I DLR I DLR 1 17FLR I ! DLR : I DLR mgII 1 0.6 N0.6 0.72 N6 0.6 0.2'0. 6 66 0.6 181 0.6: 1.3 ' 0.5 ND III N 0.6 73 0.6 66 90. 0.50.6 37 0.6 781 06! 23. 0.5 ND _ ugll I 0.6 hl 0.61 N 0.51 0.601 0.61 N 0.61 N 0.51 141 0.61 411 0,61 ND; 0.5, _ ND u II I 0.51 Nd 0.61 NDJ 0.51 0.901 0.61 Nd 0.61 0.81 0.51 701 0.51 3.51 0.51 1.71 0.5. ND I • MDL- McWud Dete don U.it ,ND •Not Detecttl (Btlow DLR) DLR -ltDL x Ddndo• rack, M - NotA .Wld ReviewedlApproved By: Yuri Pan Department Supervisor The cover letter is an integral part of this analytical report 40 2 ■ `,JJPPP7idedm tt: !r, irn•i ,p: feho+:c, •err. Method Title Last Update Response via Project name Samplin date Spike Recovery and RPD Summary Report - WATER C:\HPCHEM\5\METHODS\8025WAT.M EPA M8015 (Gasoline) / EPA 602 (BTEX) Mon Sep 18 11:13:23 1995 Initial Calibration CE-272 9-12-95 Non -Spiked Sample: V3195.D Spike Spike Sample Duplicate Sample --------------------------------------------------------------------------- File ID : VS3210.D VS3211.D Sample 7933-1 MS 3PPM GAS 7933-1 MSD 3PPM GAS Acq Time: --------------------------------- 16 Sep 95 06:56 AM 16 Sep 95 ------------------------------- 07:29 AM Compound Sample Spike Spike Dup Spike Dup RPD QC Limits Conc Added Res Res %Rec oRec RPD % Rec -------- ---------------------------------------- Gasoline (MG/L) 0.0 3 3 3 93 98 5 19 66-129 ( I 72#I 70#) Toluene (UG/L) 0.0 295 214 2111 11 12 70-127I QC BATCH # 958G20W1136 REVIEWED/APPROVED BY: DATE:/��`�%�i YUN PAN ORGANICS SUPERVISOR ,11VAdvnneed 7Minologp Lahormmles 1510 E. 33rd Sneer Signal Hill, CA 90807 Tel: 3/0 989-404.5 l ax 310 989-4040 CHam "drone ed Technology FOR LABORATORY USE ONLY: No. H Batch a. 1 '"I 0� D.O. a Method of Transport Sample Condition Upon Receipt y Walk-in pIL CHILLED Y �L N ❑ CONTAINER INTAC- Y N Laboi-atoi•ies 1510 E. 33rd Strect PO P. Courier ❑ SEALED Y ❑ N t9 A OF SPLS MATCH CDC Y by N UPS ❑ SEAL INTACT Y ❑ N ® " HAZARDOUS =EE Y ❑ N 0 Signal Hill. CA 90807 FED EXP ❑ PRESERVED Y `EAOSPACEiVGA, (310)9S9-t(1d5•FAX (T10)989-4(UO Logged By N I Date, 12 Time: ❑ N )2 Y j� N 1 ATL l= CON"R LC-x Client: Address Po D�k 7v7 7EI.9 •iJsY Attn: fvd fs/ CDlty City State alb Zip Code 9Luo7 =AX ; Project Name: Project #: E - L %L Sampler: (Printed Name) (Signature) Relinquished by,(Sgn..,. and Punrod Nam•) A'-,/ Received by:(s,—u. dNt"N.m.) Dale. Time •-•n^ f Relinquished by: lsgd.wc..nd N,m,d N.md) Received by: (sgd.v..nd P WNun.) T,me z _� Relinquished by: (syd.mi•+nd onm•d Nam•) Received by: (sy..v..,d a.dw x.m.) Date• Time: I hereby authorize ATL to perform the work indicated below: Send Report To: Special Instructions/Comments: Unless otherwise Project Mgr /Submitter: Attn: Co: requested, all � s�d4��7E 9 /6 9Jr samples will be Date: r r disposed 60 days Print Name after receipt Address City State- Zip - Signature SHIP TO LAB, SHIPLAB: SHIP TO LAB. Circle or Add A i C (SUBCONTRACT' (SUB cc..... T) V0 CIRCLE Analysls(es) b y O= ' Z TEST TEST TEST 7 APPROPRIATE RTNE Requested u `� I O ATLI ATL, ATLa ��'^' 4a� oo\ m �� U MATRIX f- RWOCB L= i DATE DATE DATE 8a y�Vr.�yiT y� c4F 4dU MATRIX 4 WIP I CLIENT 10 CLIENT I D CLIENT I D c ? }� 8y bo O NAVY _ o-4y ` U ti� 3 Q 3�ti`� my �O c@ o g� : O OJ v �Q• �W Contamer(s); w CT "— S o i o �o iP m OTHER o I LAB USE ONLY: Sample Description EBatch #: �� Aar �Qt Qr ho e --_ ; - M @a Doti �� onp�� ^� ^� C ,� pv Jr' �"��(' y rJ`` tiQ ��q• � � . m� > �y mo 00 a %{ yo �e vP s¢ �5 o rAT # Type ; o REMARKS Lab No Sample I.D. Date Time 00 Z — /' f 2- I ti — 00 40 el I -- — 00-7 Ao�,k. 7 00$ i i I sample A•cawe• socsx Overnight Emergency Critical Urgent Routine TAT s B a,m Preservatives .aoca•� v S•a^c•;•- ' TAT: A=i 24 hr B= Next Workda C= 2 Workda s D= 3 Workda s E= 7 Workda sj Ioliowing day d sampWs N=N(w 5='�:Ji., rr••-r-•. — .. ._ '.carved J, 3 m ^==ICI �. _. ae;..• - -c ___ _ ._-. Container Types. B=Brass V=VOA L=Liter P=Pint J=Jar T=Tedlar i G=Glass P=Plastic M=Meta- Z=Zn „C •�= ,aC- .. _.-_ _ _ _ _ - 1•,pt _ ,,,r �„� „ r?iCTgIR11TInN White with rP,Dort Blue with filo :Dldo• Green •^ vn r••r Yr11OW •^ ^^• - oink - • "-•-- .^.rid •- - -- - I, I 804 MV I.m 33S ' do-Hsod • � IX' •3d11 `dooe - .. ' • 7 3D41ii3S .srs�>loa •trossloa+ • � A A 1 :. - .. -:.•.- G rno 45V 219 - ram 0019 IVOwd M 000.o MELLI'll iilmbww D-oot 3N1 Au3dw - I i 1 I UNWADWIll 133US NMY = � 0901 ow moll v anon+ 133HIS MOAY do) WO 133HS 'Iwo 33S —�' 3mad VNDW4 3&M I I 1 --------------------------------------------- ---------------- :. :also � ,dZl1 W Fla— MIT C 86S�y'g IL104 pmpnj21�� j/� �/ j/l—J /�/[�� . Q9 1F=Od. Siggpudeel Eupue!:i aA - : Ir: f; S!il:^ f•72 ''told S!!Ei ♦owie goIFX4vT-d asao �{anag D A Y m Y m m m W� 2066670512 SPARLING/CANDELA 14 556 P01 MAR 31 199 08:55 CANDELA March 30,1998 Jay Garda, Senior Planner Planning Department P.O. Box 1769 Newport Beach CA 92658-8915 Fax: 714-6443251) Subject: 1TA - Newport Beach, CA AufoBistro Attached is a reduced scale (1/2 size) Site Lighting Plan with foot-candle level contours indicated. A full size copy of this drawing (sheet A103) is available from the project Architect; Brian Jackson at Boora. Lighting Contours are indicated on the calculation plan showing foot-candle levels of s.o Fc 2.0 Fe,1.0 Fc, 0.6 Fc and 0.3 Fc. Following is a description of the site lighting. The site lighting design for this facility is unconventional in that most of the lighting is kept close to the ground - highlighting drive lane access onto the site, the landscaping along the perimeter of the site, the landscaping around the base of the building and finally elements of the building itself. Drive lanes entering and leaving the site are lit with ground mounted 70 watt metal halide lighting fixtures. The fixtures are a tall and are indicated with the callout'Ml' or'M1a'. These fixtures serve as markers along the drive lanes - illuminating the curbs to aid in direction finding as cars enter and leave the site. The fixtures tagged as'Mla' are equipped with house side shields so that they direct lighting onto the drivelanes but not back toward the landscaping or surrounding Property. Fixture type '173' make up the bulk of the site lighting. These are 26 watt compact fluorescent floodlight fixtures that are mounted on the posts of the fence surrounding the site. The fixtures are typically mounted at +e-0" and are equipped with glare shields so that light can be directed down onto the landscaping and onto the pavement The aiming of the fixtures, the fence and the landscaping will serve as shields to ensure that light does not wash back onto adjacent properties These fixtures are also used along the fence at the back of the property to illuminate the employee parking area. The Site Lighting Contours show that there are 2 Fe of illumination along the walkway adjacent to the employee parking area and that the lighting level drops off to 0.3Fc before it reaches the property line. There are two 70 watt metal halide wall mounted lighting fixtures located on the storage building at the back of the site. These are indicated as type 'M3' and are mounted at approximately +7-0". These are quarter sphere shaped downlights providing pools of light at the doors to the storage building. Archileelunal bghring CmeullaWi 720H011Vo wav - Suite I [N) Seattle. WA08101-1N 53 Fnz.206 667-0512 Phone: 206-667-0511 2066670512 SPARLING/CANDELA 14 556 P02 MAR 31 198 09:55 Jay Garcia, senior Planner 11,A - Newport Beach, CA Page 2 of 2 March 30,1998 Flush ground mounted 100 watt metal halide flood lights - type'M2' - are located at the two building canopies. These illuminate the canopies from underneath, reflecting light down onto the Order and Pick Up areas. Landscape lighting around the base of the building is achieved with the use of fiber optic assemblies with short (18" ), adjustable, aimable fixtures heads highlighting specific plazas in the landscape. Fixtures are marked as'M6'. The fiber optic sources are metal halide and are housed inside the building storage mom. Remaining site lighting consists of 'Fr 13 watt compact fluorescent jelly jar style fixtures lighting the stairway at the back of the building and lights at each drive up delivery point. Lighting at each delivery point is made up of three fixtures - an'M7' 35 waft metal halide recess mounted adjustable aimable spot light, an'Al' 5o watt adjustable aimable incandescent accent light and an'F5' fluorescent strip fixture mounted inside each delivery system. The site lighting calculations do not include the contribution from the fiber optic landscape lighting, the light fixtures mounted on the building steps, or the flush ground mounted lighting fixtures that uplight the two building canopies. Note that the lighting from these fixtures is aimed back toward the building and is confined'to the site. If you have any additional questions regarding the site lighting please do not hesitate to can me. My direct line is 206-667-(5(8. My fax number is 206-667-0312 and my e-mail address is JNL®Candela.com. If you get my voice mail, please dial'(' and have me paged -or you Can can Denise Fong at 206-667-0518. Sincerely, 4�& } Jeff Losnegard. L �,--++/-' Sr. Lighting Designer copies: Brian Jackson, Boora Denise Fong, Candela jntj:\1232\ap=\9ilellg.d- CANDELA March 23,1998 Brian Jackson Boora 720 SW Washington, Suite 800 Portland, OR 97205 Subject: TLA Site Lighting Calculations Brian: Attached are the Site Lighting Calculations you requested for the TLA project. I have run plots with the Lighting Contours and Lighting Calculations, with the Lighting Contours only and with the Lighting Calculations only. The drawings get kind of messy and hard to read - you can choose whichever plot you feel is easiest to understand. Note that the Lighting Calculations (the sheets that are covered with numbers) are in foot-candles. As discussed, the lighting design for this facility is rather unconventional. The site lighting fixtures are kept close to the ground. Most of the site lighting is at the top of the fence surrounding the site - the fixtures are mounted at the tops of the fence posts at +6'-0" above grade. There are two building mounted lighting fixtures - these are mounted at approximately 7'-6". The remaining site lights are 6" high fixtures, mounted at grade, marking the driveways. Not included in the site lighting calculation are the fiber optic landscape lighting fixtures illuminating the landscaping underneath the building, the light fixtures mounted on the building steps, or the flush ground mounted lighting fixtures that uplight the two building canopies. The lighting from these fixtures is aimed back toward the building and is confined to the site. I hope this provides you with the information you need for review by the city officials. Please feel free to call should you have any questions. I have not yet had the opportunity to call the city officials to determine if our signature on this letter is sufficient or if the signature of a registered engineer is trully required. I will get that information to you as soon as possible. You can note that all of the lighting design project managers at Candela have passed the recently created National Council on Qualification for the Lighting Professionals (NCQLP) examination and are entitled to use the term 'LC! after our names. S Jeff Losnene ard, J g Sr. Lighting Designer jnitt:\1222\spen\sitecalc.doc Architectural Lighting Consultants 720 Olive Way • Suite 1100 Seattle, WA 98101-1853 Fax: 206-667-0312 Phone: 206-667-0511 jj l2:'i l'i rS:'.1:':•(il L_:wy 1 l (�j lAPPROVALIi:C�d; cFT?:0._� b 1 This pru;i-:,` c^ ; e .3 @1 e"`-:;^bie i:isnniag racuWl"ons ami Thcs, ;`�,: ;:: �. `:,?i ::. i>v usJ5d ;or co. s:mci:on purposes. NO httiluif;g pr4lTd : ; L2 iiZAnj un , _ p,oual is rec6ved from iha Ca.;.,Ti t`a Ct�.1-1 Comas asioe. PLAN t'UDEPARTMENT 3.3 T".93 I by ------------ 5-q7-mid' ----- ----------------------- REVISE PARKING. PROVIDE SEE CIVIL SHEET C202 FOR A` ON STREET HANDICAP SIGN AND LOCO � i AVON STREET IMPROVEMENT PER SHEET LIDO. t PROPERTY LINE 100.0• k Vo o now momm— n 3 L vo "W C& ash- I CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 FAX COVER SHEET DATE: 41,14 TO: BUSINESS PHONE: 'l L 5 1 S o7 FAX NUMBER: S�2 5-7 0 50 8 RE: THE FOLLOWING DOCUMENT IS FROM: -'360"v CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA. 92663 PHONE NO.: (714) FAX NO.: (714)644-3250 NO. OF PAGES: t� SPECIAL INSTRUCTIONS: �C>`IlSe� �°�k�*•7 W 'lrg i etc" 4 s u,tic� Mali G2acr� GcSyfl� /-e&Zva. csy_ - 3300 Newport Boulevard, Newport Beach STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION South Coot Area Office Page: 1 of 3 2000ceengale, Suite 1000 Date: February 26, 1998 -� Long Beach, CA 90802-4302 (5e2) 890.5071 Permit No: 5-97-398 On 3 February 1998, the California Coastal Commission granted to TLA Incorporated Coastal Development Permit 5-97-398, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an automobile showroom and related facilities and construction of a 1,553 square foot, 32 foot high, drive -through -only restaurant (two -stories consisting primarily of a single -level elevated one story above ground) with a 300 square foot storage building and nine parking spaces located at the rear of the property, 1,612 cubic yards of grading, and paving of Avon Street. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 3100 West Coast Highway, Newport Beach. Issued on behalf of the California Coastal Commission on February 26, 1998. PETER DOUGLAS By: Executive Director Title: ACoastal Program A aly The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. COASTAL DEVELOPMENT PERMIT Page 2 of 3 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued In a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance, All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. j`�7�dT • ► � I • ► _TWFTTBTT171..u:i PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the owner of the property shall execute and record both a deed and lease restriction, in a form and content acceptable to the Executive Director, stating that the subject permit is only for: 1) the development as described and conditioned herein - namely, a drive -through only restaurant with nine on -site parking spaces (including one handicapped space); and 2) any future improvements A �' ' �•1l ► ill • •: of 3 to the building, including but not limited to revisions of on -site parking, the addition of walk-up window service, or sit-down dining area, or other change in intensity of use, will require a permit amendment from the Coastal Commission or a new permit. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, except for the existing lien of the Ford Motor Credit Corporation, that the Executive Director determines may affect the enforceability of the restriction. This deed and lease restriction shall not be removed or changed without a Coastal Commission -approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. JTA:bIi 97398per.doc. c:lmsoffice\winwordltemplatelpermit.dot Printed on February 26, 1998 B Q O R A �.I A R C F ' . 4I F cA�I T E C �I ,,. .. ..•\11�, 1, O 1 N 1 1&WPORT BEACH 3 3 132 W r W a m 'Q G -- r4 n �W F � CAJVMA oOASTAICOW®011 PAM LA . M .ARVINN WVQ NM /^1r/ V M1'w ,I.�w If Y 1.1< !\ •T� H�nuU 11919.8 MJA CONSULTING, INC. Y "Protecting America's Environment" SINCE. 7988 Office Address: 943-C Fourth Street Bneinitas, California 92024 (760) 943-1735 Mailing Address: P.O. Box 747 Cardiff, California 92007 FAX (760) 942-5414 REPORT UNDERGROUND TANK REMOVAL at 3100 West Coast Highway Newport Beach, California MJA Job No. 00272 Report prepared for: Robins Properties 2060 Harbor Boulevard Costa Mesa, CA 92627 by: MJA Consulting, Michael Ansclmo Engineering Manager .b AL 02 ! \ (4el O t er N,\� Registered Geologist # 4781 `�<lFr�t tN�lr February 23, 1999 I'IJ YI VUIVJVL. i llvl'1 iivl. 1V.VlJ VVY VVJY 11111♦ i� JV rr ✓✓ •.V.VVi . •V... TABLE OF CONTENTS 1.0 SUMMARY ............................................ 1 2.0 INTRODUCTION ........................................ 2 3.0 BACKGROUND ......................................... 4 4.0 TANK REMOVAL AND INSPECTION ....... . .................. 4 4.1 Soil Sampling .................................. . ..... 5 4.2 Laboratory Analysis . ................................... 6 5.0 RESULTS ................................. I ... ......... 7 6.0 CONCLUSIONS ......................................... 8 7,0 RECOMMENDATIONS......................................................................9 &0 LIMITATIONS....................................................I...........................10 PLAMRS P-1 Site Vicinity Map P-7 Generalized Site Plan with Soil Sample Results APPENDIX A- Correspondence APPENDIX B - Uniform Hazardous Waste Manifest APPENDIX C - Tank Removal Permits APPENDIX D - Tank Disposal norm APPENDIX E- Underground Storage Tank Inspection Report APPENDIX P - Laboratory Report i I IJ 11 �.. VIIV VLI 111V +�.�.• a.r v+/ vv-. vvv� ••��•• - �•' ' February 23,1998 3100 West Coast Highway, Newport Beach, CA 1.0 SUMMARY MJA 00272 on February 9-11, 1998, two, double -walled plasteel underground gasoline tanks were removed from the above -referenced facility. The tank sizes were one, 1,000-gallon gasoline tank and one, 500-gallon waste oil tank, Five soil samples were collected during tank removal operations. 2 February 23, 1998 3100 West Coast Highway, Newport Beach, CA 2.0 INTRODUCTION MJA 00272 This report summarizes the environmental investigation conducted in conjunction with the removal of five underground storage tanks at the above -referenced site. Robins Properties contracted with MJA Consulting, Inc. (MIA) to remove the, tanks, inspect the tanks after removal, collect soil samples for analyses, and prepare a summary report. This report describes the work elements associated with removal andinspectionof the tanks, collection of soil samples and summarizes the analytical results obtained. February 23, 1998 3100 West Coast Highway, Newport Beach, CA 3.0 BACKGROUND MJA 00272 The facility investigated is located at 3100 West Coast Highway, Newport Beach, California, as indicated on the Site Vicinity Map (Plate P-1). Two, double -walled, plasteel underground tanks were located at the southern portion of the facility. The tanks were historically used to store gasoline and waste oil, The site was leased by Newport Imports, Inc. until October of 1994 at which time this entity filed Chapter 7 bankruptcy. On August 24, 1995 Robins Properties assumed ownership of the existing underground storage tanks as indicated in Appendix A. 4.0 TANK REMOVAL AND INSPECTION Between February 9-11, 1998, under the supervision of MIA, the underground storage tanks and related product piping and dispensers were exposed and removed with various construction equipment. Michael Anselmo from MIA was on site to witness the removal of the underground storage tanks, inspect the outer tank surfaces, inspect native soil from beneath the tanks after their removal, and collect soil samples for analysis. Prior to removal, the tanks were triple -rinsed. Rinse water was pumped from the tanks and disposed of at Advanced Environmental of Fontana, California under a Uniform Hazardous Waste Manifest (see Appendix B). 4 February 23, 1998 3100 West Coast Highway, Newport Beach, CA MJA 00272 Tank Removal Permits were obtained from the County of Orangc Health Care Agency and the City of Newport Beach Fire Department prior to tank removal. Tank Removal Permits are provided in Appendix C of this report. Representatives of the City of Newport Beach Fire Department and the County of Orange Health Care Agency (OCHCA) were notified and were present during the excavation and removal. The tanks were lifted from the cavity by a backhoe and loaded on trucks for transportation. The tanks wore transported to Cal -Vac Environmental Services, of Santa Pe Springs, California and issued a certificate of tank destruction/disposal (Appendix D). The outer surfaces of the tank were inspected for signs of leakage, through -going holes, pitting, or areas of weakness. No through -going holes, leakage, pitting, zor areas of weakness were observed. 11 Soi_ Isemntine Soil samples were collected under the direction of Joyce KTall of OCHCA. The location of soil samples are indicated on Plate P-7, An Underground Tank Inspection Report was issued by the Orange County Health Care Agency and is included as Appendix T. The soil samples were collected in a brass tubes, labeled, and chilled in an ice chest to 5 February 23, 1998 3100 West Coast Highway, Newport Beach, CA MJA 00272 maintain the integrity of the samples. The sample was taken in accordance with federal, state (LUFT manual) and local regulations (OCHCA). 4j Laboratory Analysis The soil samples were analyzed for Total Petroleum Hydrocarbons (TPH) in accordance with EPA Method 8015, and for benzene, toluene, ethyl benzene, xylene and Methyl Tertiary Butyl Ether (MTBE) in accordance with EPA Method 8020. Chain of Custody records were Initiated in the field by OCHCA and accompanied the soil samples to Advanced Technology of Signal Hill, California (state -certified). The laboratory report and Chain of Custody Records are included in Appendix F. R February 23, 1998 3100 West Coast Highway, Newport Beach, CA 5.0 RESULTS Laboratory analyses of soil samples are contained in Table 1 presented below (and Appendix ). MJA 00272 ✓l..r iv;a.�ra r.'.S �r nis4sX Y%M<4 xwS.ir _ vti�\n;enX .J. Mn. -?� V .ice •ry n �m ��EBR[TAiiX�Jx1998: ' ::ROBINS-ERUI'Elt�'�ES: , _ F�� _ x ,„_ --1lll 4'TORT-TEACIL7CAE�T_42tN MJA-00272' Si-6 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 -- S2-6 2111198 < 1 <0.5 <0.5 <0.5 <0.5 ---- S3-6 2/11/98 ---- ---- ---- - -- -- - 30 DI-4 2111/98 <1 <0.5 <0.5 <0.5 <0.5 — SPI 2/11/98 <1 <0.5 <0.5 <0.5 <0.5 I3 TP]►1Im'XGau�'ts?a:�ii tdixs rk3logz�t in %; `�'�3ien'bxi��'1'w� �litea�ew•i-::.axe`i1iy1„�eiizeie'.7C:::='�iylene: 'pN s"amplccsu"ftisan morogramser'kilogrm?(ngflrg` 4 "E_ tlital "'tr I y, POW y. TRPi«ot fc."oNeralile.pgtiolgm fiydzoc8ib'on, tial ied:ify'EPA-�vlsifioii 0,15iv RTWri , 20;sgspe 16 February 23, 1999 MIA 00272 3100 West Coast highway, Newport Beach, CA 6.0 CONCLUSIONS Based on field observations and results of laboratory analyses, MJA concludes the following: 1. Soil analysis indicates that further remediation at this location is not necessary. E Fobruary 23, 1998 3100 West Coast highway, Newport Beach, CA 7.0 RECOMMENDATIONS MIA 00272 MJA recommends that no further assessment at this site is necessary and that the underground storage tanks be permanently removed from public record at this location. IV.I VVI.V VLI II.V a..V. au var u./. vv.. �. ••••• February 23, 1998 3100 West Coast Highway, Newport Beach, CA S. LIMUATIONS MIA 00272 This report was prepared in accordance with generally accepted standards of environmental engineering practice in California at the time this investigation was performed. This investigation was conducted solely for the purpose of evaluating environmental conditions of the soil with respect to hydrocarbon product contamination in the vicinity of the removed tanks. No soil engineering implications are stated or should be inferred. Evaluation of the geologic conditions at the site for the purpose of this investigation is made from a limited number of observation points (tank pit and stockpiled soil). It is possible that variation in the soil and groundwater conditions could exist beyond the points explored in this investigation. Also, changes in the groundwater conditions reported at this investigation could occur at some time in the future due to variations in rainfall, temperature, regional water usage or other factors. The services performed by MIA Consulting, Inc. have been conducted in a manner consistent with the level of care acid skill ordinarily exercised by members of this profession currently practicing under similar conditions in the Orange County area. No other warranty is expressed or implied. 10 PIJn I.UIYJ VL.I 11ry 11w. •i •va.i vv-. vv..� ....•. � _� —- -_ _— PLATES 1'IJm IU1IQVL1114V 114V. lU V1J V./, v11_ .0 I . a. �v iY t•. �t �,f � c1. •I1�s .. �.,. I �e��r.•-,. _.._�.)irPiler � �•-, rt,� t ,,,. m ). y� ,ra, x v Park tSrH'. . )P��•l. �6( �x 7.,• @,:�. C, ^, d♦ `) '�.•r1 I 4 ""'^W .f H r S°)''0YG. , P�� `��'li �'}•.�.d `•kZ./}�- G`4 ;°": r NN r• I'1 �; .�'.'1ii.;IK1.JIN'r /rr . �•; rer, .tr..,,.., /'d9 i �\ .s +:,, "-1t`, `,r"ft' kl �x 4 J^ r�`+ ` ♦•o-y` .1 r<,r ,., r1) r0a I . ra /•'C � ix rp , r• ♦�. `i: \�"i�e, \�¢ �,f> I �, �1 �, d C N{IQ ff�S),!:�.� �/f< r .� 'R„ •(t� 'rt ,x i !/ A , ti •,, a - _-. Palk IQ \.h gg f[eli' �.-:.1� /R`c- �:�� L.r `h�: �.� �� i,CQP •.; •( a f y u7♦ i1. I',�'P Fii., ��a •� �,( ♦ �� `Y n.N� ,^`e `•�L S]"flatFu { ik wfe4- l_--e. ,-si• ,....1 i" `•,fi.a: AH' �l • rInrin(� oile §.•-_. ' r onk• IR1R�1^';'�,` �.i/t�';lv,-,• �:.rs`•1., f'•:`' tr r'� fi'i � 1F r. l j �I' _—st•-u���.. III �.�• _t� ':� e�1;i'i :'.thy �:• '''o `F,,rcK. Mutt".� .. •.I i`�., ji PJi 1'f -F' + t'`�l;e. Wit, \i ,: v��. /�r •', j �Ir(`/ tit 'er Y..%\' aL �' •,'•'• s p ¢ < ' P ')'• 1 \�Ir;t�e• .Yr�Fw��e1. `!� ~ cNx�ow}lit•/l/. s:, a. �,, �i` ie )' 1 '� �. •ra'/7r�!rlk�ti � ! � .r�c. x��r,�,.yr 4l ,t �`;(� r1•�.,6by�/ '� • x ) ; . ; ,tiP`o `�\� i• ", r% �. ys., t rs/ I¢�- f t Y' � ' ♦t"�r'a•,}ii t'`��,r'• N �sy;a � "Q >�. � r j .isy��+p,C, ° q/. of `�,- 'C„'xr `eVJ ♦• yr ?R'1R.F13 f •}f:o'�t"• :Soft; "�'i�, v,� r"r ` j ♦//rnonN awco� l� ..r'"i �1' ]l1r j ♦ 1 \ �r ,,�!'l �• , •� New mrl xc. 'OxW'�� .�.. _ti_.. __l •n;. `pill r 1, .• H• T .'ti^ ,•^"."'__..__.: .__ •ia�rxp 1+-)t f�ij�V�-/1'�nir,,_ ,,'� �•�'L ,; •.r �.(Y V�. �) r°"�jl '1..: °' .,•y, \ ... _ nir �'�•¢s , a:�,rs a�xd .'� i' .d� V (' a-, •.;[' r.. �.tCll r pt''r •!i G:1 ' Trrnrro �Jryr , ...St' f tt! " Itunbl 4 w t' rr". nR ,E. (1 rS . t• r jam/! lim 3r . `�c�•. � .r,:,7� % .\.• •' a�t;`)/7�4R,p' �d4``I�;� ,,,h vc:+/�,�j� I �, ;. :.. '< ••� , , My. :.. !, {, 7/P�>t'ri °act•:•.. . file, �• . rr \ {t t �N <•E >•% fl; g }'h" >,., e., -Ligfil Harbor 1 irrrl a� `• —iAnw i~ �. r.ti •,p„ .1 •N�i lye r� 4 .e ,rr,ip. 'fre fx'ryxx x4'�t-. 33 .rr,.Lighl t,a„y F�•!•.4'•''-0; �r'•. bA '. ..A ,... Pnrkln M • •, I qr: ,rV , "", „r '., • !.. Collins n.y.. . B � �, . q as A1,w1ss L lY 3,1 L xnt r�o. Ci.Jr`�)" y pS iJ? Imk 4,• wr ar•. !,U BeY 1>.° rrq iSNF /. NEWPORT BEACH. "( f..' Nets'-r, N�� �'�`W �P'r�j�r"J•NP y: Port f•nrF~ ':r _'�• lIn r1 aeach `'1 r ; '.�.,!Ef• 44 ••3 Ta..,a.sbL� I NOTES: 1) Us Sam Map was taken from VSGS 73 MIn•m Newport Beach, California TopognpMcQwdranglq 1965. Phowmvlsed 1972. 1) AN LopGons and Dimension are Approximate. ROBINS PROPERTIES 3100 Pacific Colic Highway Newport Beach, California MJA CONSULTING, INC. Pro)ect No.: 00272 Dace: February 1999 B 1000 2000 3000 ' Approximate Graphic Snlw I Ind, Eq"IS 20M Faec ' North SITE VICINITY MAP Plate P-1 It • r, i1Tl -'Y:,r„i. Fuel DOpenler p At • .:`:°:SAiRV.ICE'a: NW AxNt -'• p' WAII 3WGGefbn �MW'3 B� •05 - T <s lAt - Ee s T <n3 W % wS EB _ _GCS _ rou • Rrh TPfyl NA % ni ' it -: Fenner Location ,,, ------ �1~ T NA of UST in Nw fcnco Unc Stosil_Ck_ales w V' • • - --_•r .1.000 Filler J Mi•k lIH• •H IejB.l 4- Tell Pretlous s <es :.:'., :•t_ :, Mph* % <cs Cxonion li !' :• fr'?Y.; ..., ;'�:,c.Ft"; • @ �.3' t?'i3'. ,�L,: vl IJiirl{ l].LI f T H NA MW ]AYH NA •IS:a � .f1�;!: :.'1�..:;1: �i:� 1'.?-.7n �MWq ..v t S1AL�$;U,ILU MW S`i•,, n6j?`..:rtl ;::•;:;T am •V' jj.. MW.61 §i: s•`'tti"_ -'�; •;.1. I•j�',: wN Ij ��'�^,%i:��r•'n�•;liv;'??ta :�f;'��1!'• • Concroro Sidewalk '1- •.(:• �~K '. TI Sidewalk Wesi Coast llighway EXPLANATION Ti QMWa Locadoo and Designation of 14 Loontion and Opt lgnat on of Fuel Dispenser 0 to 20 30 Monitoring Wells. • Sall Sample by MJA Consulting. Inc. 1..�� l[e rcaInch ne £puals lO Fees Ne.ih' Gnphlc Sole.r. One e4 Location and Destgnabon of $1•! Location and Designation of Soil Sample Soil Borings. • by Mya Consulting. Inc Norm 1. AN Locations are Approximate. Mon: 1. AN l0eltbM Ml Arr.e•M10. 2. Mt Mnrmd 3, TMaT.Wiletrdeum Hydroatbonsa.Guolne a•R...• Tc TOWN TKITnW lt.UnP.,A.Hrdrourbon. a. TPH.M Ta114 Rer:lu we In Mlli]reeu per KUWAmya� " 04w aado.re in ruvoar•ma pot law. W(n) ROSINS PROPERTIES 3100 Pacific Coast Highway GENERALIZED SITE PLAN Plate NewpomBach, Callfornia WITH SOIL SAMPLE RESULTS P-T MJA CONSULTING, INC. ON FEBRURAY 11, 1998 Project No.: 002n Date: February 1978 IIJfI L.VIIV Vf�l 11\V 11\\.. 1L •V1J VVY VVJY ���i�• �. +v �v ..� •.v ..r ..� �.. APPENDIX A CORRESPONDENCE I'IJ 1't LUIVJVLI 11YV 11Y 1.. lU V1:1 VV" VVJY ROBINS PROPERTIES 2060 HARBOR BLVD. COSTA MESA,CA 92627 SOUTH COAST AIR QUALITY MGMT, GIST. 21865 E. COPLEY DRIVE DIAMOND BAR, CA 91765-41B2 TO ACCOUNTS RECEIVABLE: AUGUST 24, 1995 ROBINS PROPERTIES IS THE LANDLORD/OWNER OF THE PROPERTY AT 3100 W. COAST HIGHWAY, NEWPORT BEACH. THIS PROPERTY WAS LEASED TO NEWPORT IMPORTS AND OPERATED AS A NEW CAR DEALERSHIP. THE DEALERSHIP FILED CHAPTER 11 BANKRUPTCY IN SEPTEMBER OF 1992. IN OCTOBER OF 1994, TOKAI BANK CLOSED THE DEALERSHIP AND IT WENT INTO CHAPTER 7. ALTHOUGH, I STILL HAVE NOT HAD THE PROPERTY RELEASED BACK INTO MY CONTROL, I WOULD LIKE TO PAY FOR THE PERMITS THAT HAVE BEEN ISSUED BY S.C.A.Q.M.O. AT THIS SITE. I HAVE BEEN GIVEN THE PERMIT NUMBERS AND FEES BY YOUR DEPARTMENT, AND THEY ARE AS FOLLOWS: PERMIT NO. D22995 $165.97 PERMIT NO. D58897 $165.97 PERMIT NO. M94541 $33.40 YOUR ID NUMBER FOR NEWPORT IMPORTS, I BELIEVE, IS 020529. ENCLOSED IS MY CHECK IN THE AMOUNT OF $365.34 FOR ALL THREE PERMITS. I AM REQUESTING THAT NO PENALTIES WILL BE ASSESED SINCE THE PARTY RESPONSIBLE FOR THE FEES WAS IN CHAPTER 11. PLEASE CONSIDER MY REQUEST. IF THERE IS ANY FURTHER INFORMATION I CAN PROVIOEj MY ADDRESS AND PHONE NUMBER IS LISTED BELOW. YOURS TRULY, THEODORE ROBINS JR. ROBINS PROPERTIES 4t 2060 HARBOR BLLlVO.�/ � COSTA MESA, CA PH: (714) 642-0010 I•IJN l.U140VL 1114U 114 . t � .''. •'I:•I,;?f�ivtSftl'ITi�'AI!iAr'CA;�27Q, 47zv:,;;•.,, HAZARDOUS WASTE & UNDERGROUND STORAGE TANK FOLLOW-UP INSPCCTION REPORT i V VJ" V FILE # ACCOUNT # ..... ' EPA LD.# ,�•• S ' .. PERMIT # I • FACILITY •L � I STREET 'i�0 d �ili,� (� j.. ��,�, . • � MAP COORDINATES CITY 7,IP_ 9tl6T _ DISTRICI- 1HAZAI&OUS YVAS,0INSPFfiPtONTYFE # 01: UST ON -SITE UST INSPECTION TYPE .t NUMBER- Or- EMPLOYEES #TANKS TOI3ILL UST COMPLIANCECODE—Ae— STATUS TYPE F.XF.MPT TYPE STATUS TYPE EXEMPTION TYPE # OI- TANKS TO'9CEl E A S CHAR( . u ACfIVEICRS# INSP)sCfOR# 7L� NAMIt / �� �� _ DATE I declare that I have read and received a copy of this inspection report S7&-*22V/ C pdµpi � • 'title n1�....,. Date 'FW2.09r1960(RV96) 01SYRIBUTION. 1-MAINFILE l -OPERATOR 3-!NSPECT0RFI1-E JFile Number 004454 THIS PERMIT MUST aE POSTED IN A CONSPICUOUSJLOCATIONvV Page Number 1 ORANGE COUNTY HEALTH CARE AGENCY PUBLIC HEALTH / ENVIRONMENTAL HEALTH PERMIT TO OPERATE UNDERGROUND STORAGE TANKS NUMIER OF TANKS OPERATED ISSUANCE EXPIRATION r1AMIT NUMBER 1876 3 UNDER TN1S PERMIT 2 DATE 04-29-97 DATE 04-28-2002 SUN OWNER ,. PP,EFiAb. 1�RN-ks�$'�+.•' NEWPORT IMPORTS -0,5 PROPERTIES 31M W COAST HY 2060 HARBOR BL NElPORT BEACH, CA 92663 COSTA MESA. CA 92627 R E N E W A L. The underground storage tanks (USTs) located at this facility are permitted to operate provided the following conditions are complied with: application must be 1. Any changes to the information..provi.ded in the UST,`permit reported, within thirty`l,'60r.•Ejays, to -this A'gericy7"4t `R% 2. The replacement, repair, or upgrade of all or part of any UST or pipes connected ther must be reported, and approved by this Agency, prior to the commencement of work. 3. All unauthorized releases must be reported to thiO Agency within the time limits and according to the manner specified in Title 23, Sections 2630-55 of the California Cod of Regulations (CCR).7. 4. Written records, as required by Section 2712(b), of Title 23, CCR, of all monitoring maintenance performed shall be maintained on -site for a period of at least three .(3) years from the date the monitoring was performed. Written records of all monitoring and maintenance performed in the last three (3) years shall be shown to representativ of this Agency upon request during any site inspection. 5. If ownership of the USTs is transferred, the new owner must submit a Transfer of Ownership application to this Agency within thirty (30) days of the change in ownersh 6. This permit is valid for a period of five (5) years from the date of issuance. An application for renewal must be made by the owner of the UST and received by this Age prior to the expiration of this permit_ 7. The USTs must be monitored in accordance with the approved method. This monitoring method is Identified. below and can be found in Sections 2632 & 2640-48 of Title 23, C and Sections 2S291 & 25292 of the Health and Safety Code (H&SC). 8. The USTs must be properly closed in accordance with the requirements of Sections 2670-721 of Title 23, CCR and Section 25298 of the H&SC. Section 25299 of the H&SC states that owners and operators of USTs are liable for civil penalties of not less than Five Hundred Dollars (5500-00) or more than Five Thousand Dollar ($5,000.00) per day for violating the conditions of the permit or any other provisions of the UST law or regulations. TAW * s MONITORING METHOD 11876-001 33-NEW DBL WALL TANKS/CONTINUOUS LEAK DETECTORS/DOUBLE WALL PIPING .1876-002 33•-MEW DBL WALL TANKS/CONTINUOUS LEAK DETECTORS/DOUBLE WALL PIPING UNDERGROUND STORAGE TANK PROGRAM OFFICE ADDRESS: 2009 E. EDINGER AVE, SANTA ANA. CA 02706 TELEPHONE: (714) 667.3700 IIJII VIJIVV Vl I111V 11V la/viJ Vv1 vva uu, a�V —v .. .... ...+_ VI YII1�C VIYW1.� ••v • • • y —' Environmental Health Division, Hazardous Materials Management Section Mailing Address: P.O. Box 3559 Santa Ana, CA Y2702 Office: 2009 E.'Edinger, Santa Ana. CA 92705 Telaphone: (714) 667-3600 ."~HAZARDOUS WASTE & UNDERGROUND STORAGE TANK INSPECTION REPORT FILE 140: $1044:i4 ACCOUNT NO: 1876 EPA# : CAD066142361 UST PERMIT NO: 1876-3 FACILITY: NEWPORT IMPORTS PERMIT: 04/29/97 -- 04/28/20 STREET: 31019 W COAST HY BLD6# STE# MAP COORDINATES: 888-H7 CITY"COEWPORT )ICNEWPORT BEACH ZIP: 92663 DISTRICT: 205 NEARE(;l CROSS STREET: NEWPORT 81 TSD FACILITY? NEW L':)A? _ NI:Y. BUSINESS? _ NEW ADDRESS? NEW OWNER? PUBLIC AGENCY? NEW INI:'•O: U1.1 TkworrTYMM •Type: NO OF UST ON SITE: 2 UST INSPECTION TYPE: �_. NUMBER OF EMPLOYEES: 50 0 # TANKS TO BILL UST COMPLIANCE CODE: p LAST 1.04 ROUTIWI-'. INSPECTION: 10-27-94 LAST UST ROUTINE INSPECTION: 07-30_996 HW EXEMPT CODE- 0 UST EXEMPT CODE: 1 HW STATUS COI4:: 5 UST STATUS CODE: 1 BUS INF..fI'S' 'OWNER, PHONE: TANK OPERATOR' PHONE. CONTA01. THEODORE ROBINS JR/JIM ROBINS PHONE; (714 ) 642-0010 HWLL,TjNG' (h;F111F E< MAILING„ ADDF< ) U:�7 BILLING(NFlME $< MAILIN,AD RESS)_ NEWPORr IMPORTS THEODORE ROBBINS FORD 3000 W COAST HV 2060 HARBOR BLVD NEWPORT BEACH CA 92663 COSTA MESA CA 92627 PHONE: (714 ) 722-4100 PHONE; (714 ) 642-0010 pft}?PFaIt'f'Y i�WNEI.:_, (NAME & MAILINr ADDfF_5_ a7_ ifHtlK ?WNER (NAhIE $ MAILINr ,ADDF'E^S) : ROBIN:;1-•ROPERIICS, LTD PARTNERSHIP ROBINS PROPERTIES ATTN: 'fi•1EODOP(' ROBINS JR 2060 HARBOR 8L COSTA MESA CA 92627 PHONE: 4714 ) 642-0010 EM RQEt4j;Y C:ON I fd•M DAY: NIGHT: COSTA MESA CA 92627 PHONE: (714 ) 642-PJOIO PHONE: ( ) - PHONE: ( > - ACTIVG ICR: 9(,fI100 94IR344 c� INSPE(:'IOR #: NAME: y/ Run D.Ite: 06-it141 97 ( HW INSP CNTR: 1 UST SNSP CNTR: --+- I DATE: 4 /4a/-(4 IS PAGE: 1 OF '� _, IIJ 11 VVI.V VLI II,V ll, .... ViJ VV� vVJ1 Ye 1 DAVID A.. GILL DAMNING, GILL, DIAMOND & KOLLITZ 2 2029 Century Park East, Suite 1900 Los Angeles, CA 90067-3005 3 • 1 1 JF_� i 71996 4 Attorneys for Chapter 7 Trustee, James J. Joseph ... .LN;ERED s.. 6 i i SEP 2 OMB a 7 8 UNITED STATES BANKRUPTCY COURTi,_,..,11_ 9 CENTRAL DISTRICT OF CALIFORNIA 11 In re j CASE NO.: SA 92-20666JW 12 LEE WEST ENTERPRISES, INC., a ) ORDER AUTHORIZING ABANDONMENT California corporation, dba ? OF PROPERTY OF THE ESTATE 13 NEWPORT IMPORTS, INC. ) PURSUANT TO 11 V.S.C. 9 554 Debtor ) 14 ) (NO HEARING REQUIRED UNLESS REQUESTED PURSUANT TO LOCAL 15 RULE 111(7)] 16 The Application of Chapter 7 Trustee, James J. Joseph, for 17 an order authorizing the trustee to abandon certain property of 18 the Estate pursuant to Local Rule 111(7) was brought before the 19 undersigned United States Bankruptcy Judge. 20 The Court, after reviewing the Application, the other 21 pleadings on file herein, and no objections having been filed, and 22 good cause appearing therefore, makes the following Order: 23 IT IS ORDERED that the Application of Trustee to Abandon 24 Property of the Estate Pursuant to 11 U.S.C. section 554 which 25 .calls for the abandonment of personal property and fixtures of the 26 Debtor located at 3100 West Coast Highway, Newport Beach, 7 California, is approved, it being further noted that the Lease "IN ted December 23, 1987 by and between Robins Properties, a K19112N6 -1- .J 11 lr Vl\VVLI}I\V 11\V• 1L'V1J VVY VVJY 111'tl\ 11 JV LV'VJ IVU.VV1 1 .41 1 limited partnership, and Debtor for the premises on which said 2 personal property and fixtures are located has previously been 3 rejected'by the failure to assume same within the requisite time 4 period provided under 11 U.S.C. Section 365(d)(4) and the 5 premises, including all fixtures located thereon, have previously 6 been surrendered to the Landlord; and 7 IT IS FURTHER ORDERED that the Chapter 7 Trustee, James J. 8 Joseph, is authorized to abandon property of the estate consisting .i� 9 •of•all personal property and fixtures located at 3100 West Coast 10 Highway, Newport Beach, California, including without limitation, 11 all personal property and fixtures which may be subject to the 12 lien of Tokai Credit Corporation and/or Michael D. Myers, State 13 Court Receiver; and 14 IT IS FURTHER ORDERED that entry of this order shall be 111 deemed to constitute the abandonment of said property by the 16 trustee. 17 SEP 17 IM JOHN J. WiLSON 18 Dated: 1996 John Wilson, United States 19 Bankruptcy Judge 20 21 22 23 24 25 26 1 27 { 28 Ir 227/015188-OW150104212 &09/121% -2- MJA CONSULTING INC ID:619-634-0054 MAR 17'98 23:05 No.001 P.22 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law office of Rutan & Tucker, LLP in the County of Orange, State of California. I am over the age of 18 and not a party to the above -captioned action. My business address is 611 Anton Boulevard, Suite 1400, Costa Mesa, California 92626. In the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. {I On September 12, 19961 1 placed copies of the attached documents entitled: ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF 5 THE ESTATE PURSUANT TO 11 U.S.C. 5 554 in envelopes addressed as set forth below. I then sealed those envelopes and placed them in an out -box for collection by other personnel of Rutan & Tucker, LLP and for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker, LLP with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, those envelopes were posted and placed in the United States mail at Costa Mesa, California, that same day. Lee West Enterprises, Inc. office of the U.S. Trustee c/o Theodore Robins, Jr. 600 W. Santa Ana Blvd., Ste. 501 2060 Harbor Blvd. Santa Ana, CA 92701 Costa Mesa, CA 92727 William Lobel, Esq. James J. Joseph Lobel, Winthrop & Broker Chapter 7 Trustee 19800 MacArthur Blvd., #1100 2029 Century Park E., Suite 1900 Irvine, CA 92713 Los Angeles, CA 90067-3005 Executed on September 12, 1996, at Costa Mesa, California. (}X) (state) I declare under penalty of perjury under the laws of •+: the State of California that the foregoing is true and correct. () (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. %� 1 Carole Keegan MJA.CONSULTING INC. ID:619-634-0054 l MAR 17'98 l 23:06 No.001 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law office of Rutan & Tucker, LLP in the County of Orange, State of California. I•am over the age of 16 and not a party to the above -captioned action. My business address is 611 Anton Boulevard, suite 1400, Costa Mesa, California 92626. In the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice for Collection and processing of correspondence for mailing with the United States Postal Service. . On September 12, 1996, I placed copies of the attached documents entitled: ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF THE ESTATE PURSUANT TO 11 U.S.C. S 554 in envelopes addressed as set forth below. I then sealed those envelopes and placed them in an out -box for collection by other personnel of Rutan & Tucker, LLP and for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker, LLP with regard to collection and processing of correspondence and mailing were followed, and I am confident that they were, those envelopes were posted and placed in the United States mail at Costa Mesa, California, that same day. Lee West Enterprises, Inc. c/o Theodore Robins, Jr. 2060 Harbor Blvd. Costa Mesa, CA 92727 William Lobel, Esq. Lobel, Winthrop & Broker 19800 MacArthur Blvd., #1100 Irvine, CA 92713 Attn: Carole Keegan Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Office of the U.S. Trustee 600 W. Santa Ana Blvd. , Ste. 501 Santa Ana, CA 92701 James J. Joseph Chapter 7 Trustee 2029 Century Park E. , Suite 1900 Los Angeles, CA 90067-3005 Executed on September 12, 1.996, at Costa Mesa, California. [XI (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [) (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Carole Keegan MJA CONSULTING INC. NOTE TO USERS OF THIS FORM: physically attach this form as the last paste of the pmposed Orn'erorAidgmen4 odnol lea this form as it separare document 7 ID:619-634-0054 in tLEE WEST ENTERPRISES, INC. - MAR 17'98 l 23:06 No.001 P.24 t'yUPTr:R "9611 . SA 92-20666—JW " NOTICE OF ENTRY OF JUDGMENTOR ORDER AND CERTIFICATE OF MAILING TO ALL PARTIES IN in— EST ON THE ATTACHED SERVICE LIST - I. You are hereby not',iad, pursuant to Laval Bankruptcy Rule 116(t)(a)(iv), that a judgment' or otter e(Ithled (SpeC9`/): ORDER AUTHORIZING ABANDONMENT OF PROPERTY OF THE ESTATE PURSUANT TO 11 U,S.C. Sec. 554 was entered an (spectydate): E. 1 hereby certify that 1 mailed a•copy of this nctica and a true r"py of rho order or judgment to the persons and snddas on the attached service list on (specify dare): Dated: C A X:` • a vi 1.r.r. S E P 2 0 1996 Clark of the Bankruptcy Court D. HANAVAI4. RV Deputy clerk .t •��.5 L... :.. :::3 :L2+.1:;::..:':: .t! :r "i V•'•:C. $:�:ts =1-• :: C/ <:-�':: -t :<...::. ... .. 1 110 MJA CONSULTING INC. ID:619-634-0054 MAR 17 3100 Pacific Coast Highway Weekly Fuel Tank and Oil Tank Test Log l���-^+--------+------------+ +--------+-------+-------+------ ` date Imonitor monitor fuel oil comments j power I alarm I level I level +--+--+--+--+-- --+----+---------+---------+- --+ IonI off on of -1g 1-70 1 `e- I �_ I os bs 6 `- 1081141g6 °�'1 offlonl off •7a----1--�-___1 �_ I +--+- + q-+--+-----+--+----+----- + +----- b8I 1�++_off I onl 7---^ I ---� I - - --+ ------+-- +bg26I I to I offlonl f 7 0 J $_-- 1 +Q----+--+_ +---------..+----- -+-- --- -+ 109 6 °�-�_o£f}on1 of +=?v---- -- =- --- -`I-'--+--I off Joni _bff_I 1 I +_+ l+9_�+-----+--+-�-+-�v_----+---------+ I I on1 of£Ion1 QJ 4 1 �� {� • .rh '�' og�/� +---------+^-- I�G off I on 1 ff 76 1 CG- ++-+--+----+--+----+---------+--- -+1 -- -----+ +gI off �----+---I--- -- --I + +---+--+----+-- 1/b11,5+4�� 1-off+oni- l- -- ---I--`---- --I-- I�1 1ff_ lk_ l j offlonl Q -10 I I l 111 11°Ilibl� I 1 �I + off on f 7(� J 1 123 12 offlonl ff l l I II/ 13o1961� Off I n l - _ ^ -- I -F3�- l - - - l --+- - ip2.l©nlC��loni_ on1_^ff `70---I--�----i- I---__ - 1IAIJ,off I onl &51 70 - 1 __i'----+---- vsv [Y� ---- + _+ +__+ _-+ -+----+....------- 'l I��l@L offIonJ, Q01 % --_1- --+- ------ ---� I I I Joni offlonl offl I I __ -I +---------+-------- + MJA CONSULTING INC ID:619-634-0054 MAR 17'98 23:07 No.001 P.26 It. 3100 Pacific Coast Highway Weekly Fuel Tank and Oil Tank Test Log +--------+-------+-------+---------+---------+------------i date Imonitorlmonitorl fuel I oil I comments power I alarm level level ----------------------------------------------------- ----- of f on fE 70- --+----- I - - -- --` O��QDIf7o -offlonl �I �d I I--- bL offlonl _ �Q ---I -6?- I +- +--+ +--+----+--+----+-------- +------ -+-- - ---+ off on �� I �- I w' I I_(r I�71a— I I �I - ----+ I0Z051.97 offlonl �(%---I-- �----I-- -- --I +--+--+--+------+--+- 14 offlonl o n offlonl f + . _-- +-7Q --+ +--+----+--+- _ --'-+I-' -N�f- ' -"+ 2aI�9 Q offlonl of �--+----+--I-+-- _-! ----Y-!II --"" - -+ 131 I C+-offlonl f© -+--+-----+-+ offlonl ++_----+i +I+I I allIO y offlonl offl ? _-_I_-__! ___i== _ - I( 3'![Il ..+-- ofEl__ L�---I---------- onI + -+--- + + b IOC oo1�I offlonl +_1+--+'-Air+`=+----+--+-+----/' - - - - -+ 1QI offlon] Off-7-----+--� I ---- --+--+--- --+- �d^ ��/}f�]I offlonl off %O I �_:I F�Y-'-+--+----+--4'-------------..}_.._ � offlonl f. l a_ l -I 5bG7 offlonl of I l(1��?l� Io.l offlonl ?��---�-Afk— -- --- +--+--+ +-'+----a--+----+---' MJR CONSULTING INC. ID:619-634-0054 MAR 17'98 23:08 No.001 P.27 097 3100 pacific Coast Highway weekly Fuel Tank and oil Tank Test Log ------------------------ _+---------+----------------------+ date monitor monitor fuel oil comments I (power I alarm I level I level -------------------- +---------- ---+---------+----- + 0 off on f I l I ��---+-----+-- - - + Ill offlonl off 7/D� I fy�--- --- I� +21� offlonl-- ^1 �iC_..__I-- IPI I offlonl -- off gyp_ 1 y i I + -+ + +--+-- +--- -- -+- --+- --+ -- - �11 offlonl "�- I�� I i -�+- + +-- -+--+_ +-- - + lU7iog+l off1onl1---7el I I n offlonl of 0 I I I [LIG-1+o t-offlonl-of I- ��---I--Nn---I- - -I I1Q)1 offlonl ff +b' ---7l----+I-Al offlonl f ��r + +----+--+- +--- -- -- -I ---- - --Il -I offlonl It6I0t10 ------ �A oIonl I 'Q--_--FI - l ICSI.(/r17`l�l offlonl f I -- + +--+--+QQ--+--+----+--+- ---�-1-/j----+- - +-- - -- +OgjL7IQ of•flonl_of i /v ,_ -I--- - --I I I Ion offlonl �f I ---------I q lE RZ ---- �A� l I + +- +- +--+-- -+-------+---------+--- -- --1 y�q{� n offlonl ff /�- - I - +JIY += +�'+----+--+- --�y- --------+--- -a +bq l Ion+ offlonl--E-+--2D---I------------ - ----� i MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:08 N0.001 vranym P.Uu„Ly UNI)ERGROUND STORAGE: TANK�INSpf_CTION REPORT DIVA: NEWPORT IMPORTS ADDREgS' 310(n W COAST HY BLDG# STE# : NEWPORT BEACH, CA 92 .CITY C:ODE:CIW :( NEWPORT BEACH FILE NO: 0044!54 ACCOUNT NO: 1876 EPA# CAD068142*61 j/ji.8T.6,C�N DE5(,:I22PTIUNS . FACILITY 105 OPEAIITINu UNDERGROUND STORAGE TAN( (UST) WITHOUT A PERMIT 115 FAILIF3 TO REPORT THE CHANGE IN OWNERSHIP WITHIN 30 DAYS 135 FA1AH-* 10 ENTER INTO A WRITTEN CONTRACT BETWEEN OWNER(S) AND OPERATORS) 149 METETfi MAT INSPECTED BY THE COUNTY DEPARTMENT OF WEIGHTS AND MEASURES OR A CERTIFIED DEVICE REPAIRMAN 145 FAIIAH: TO MONITOR THE TANKS) USING TIE METHOD SFECIFIED ON THE UST PERMIT 350 FAIIUA TO MAINTAIN WRITTEN RECORDS OF ALL MONITORING, EQUIPMENT CALIBRATION, AND MAINTENANCE ON -SITE 170 FAILNIr TO CORRECT PREVIOUS VIOLATIONS WITHIN 39 DAYS �- I" FAINURE TO SUBMIT INVENTORY RECONCILIATION QUARTERLY/ANNUAL. REPORT 14b fAIL1At1 TO SUBMIT A -PERMIT TO OPERATE' APPLICATION FOR THE LISTS AT TIE SITE 197 FAILURG TO IMPLEMENT/SELECT/DEVELOP AN APPROVED NONITORIN6 SYSTEM/PLAN X199 FAILIFE TO OBTAIN/SHOW EVIDENCE OF FINANCIAL RESPONSIBILITY 291 FAILAIV, TO SUBMIT A DIAGRAM SH0WIN6q THE LOCATION OF UST(S) 120 FAIUM, TO REPORT THE OWNS IN THE USAGE OF UST(S) WITHIN 30 DAYS �._ 125 FAT(. 0. TO REPORT AN UNAUTHORIZED RELEASE u 130 FAILU'(E TO DEVELOP A RESPONSE PLAN TO REMOVE THE UNAUTHORIZED RELEASE FROM THE SECONDARY CONTAINER 155 FAIUR(: TO MONITOR VISUALLY AT REQUIRED FREQUENCY 165 CONTIN_US MONITORING DEVICES/EQUIPMENT/TANK LEVEL MONITORS/LINE LEAK DETECTORS INOPERABLE 1S0 FAILIV: TO ANNUALLY TEST AND/OR SUBMIT PROOF OF INSTALLATION OF PIPELINE LEAK DETECTORS 185 FAILUO: TO SUBMIT TANK INTEGRITY TEST RESULTS WITHIN 30 DAYS OF TEST COMPLETION c "T 195 FAILIXE TO FOLLOW PROCEDURES WHEN INVENTORY RECONCILIATION/TANK GAUGING EXCEEDS ALLOWABLE VARIATIONS /;...,. 270 FAILURE TO REPORT CHANGES IN MONITORING ALTERNATIVE PROCEDURES WITHIN 30 DAYS ` T _ 275 FAILU(E TO PROPERLY CLOSE UST(S) " 280 FAILURE. TO PROPERLY REPAIR UST(S) 286 FAILURG TO PERFORM TIGHTNESS/INTEGRITY TEST ON TANKS)/PIPELINES 297 PRESSURIZED LINE LEAK DETECTORS ARE NOT DESIGNED TO RESIST UNAUTHORIZED TAMPERING 280 UNDERGROUND STORAGE TANKS) NOT SECURED TO PREVENT UNAUTHORIZED INPUTS OR WITHDRAU.S ` ". d�WGd 7T�• /Cdn/w.✓ �A� �Trct�ON _-d I DECLftr%r THAT I HAVE EXAMINED AND RECEIVEL1 A COPY OF THIS S PAGE INSPECTION REPORT. PRINT NAME & TIl i SIGNATURP: _ r - w MJA CONSULTING INC. ID:619-634-0054 MAR 17198 23:09 No.001 P.29 MJA CONSULTING INC 14 :09 No.001 P.3 pmyt4. AV I I -A WON tw] Is MAIM' W op mar T 14. fl L tu e 7c PY4.valvRal. I" IV PF --LL k 6,'t . . . . . . . . . . . . ........ . . . . . . . �km!d�llll Moll 1 "01 L3 C 94 jAgm 11 is A a 8 �A W u LIU' 514LW NEI s' MJR CONSULTING INC. ID:619-634-0054 MAR 17198 23:11 No.001 P.31 APPENDIX C TANK REMOVAL PERMITS MJR CONSULTING INC. ID:619-634-0054 MAR 17 .32 anecw �6N'iY OF G IE HEALTH CARE AGENCY PUBLIC HEALTH SERVICES ENVSRON6ENTAL HEALTH DIVISION FACILITY MODIFICATION RW 6. EDINGER AVENUE APPLICATION 61WTAANA. CALIFORNIAU705 WALLATIONJREMOVAL/REPAIR) (7+4) HY4700 (COMPLETE PAGES I t 2) n ,..•, RIM TYPE OF BUSINESS: 0 OABOLNB STATION 13 FARM t7 GOVERNMENT ILMNGR PUOUDACL'NC1y •. • iL1'il[!iVILT1II�liJ.'d�' Irnmc E�- '. it ,.. �_• I ,. ! .'Li>` HUGHF.STALLWV M,p, v WWLWAt.RGuxOpPyPIuCLmA FAMM 6 MBRR AU P14 1/-t(ea\ DATE: t.VOOO INDICATE NO. Of TANKS) BE*M PAMOVEWWAIREWINSTAL!"SELOW: (COMPLIM PAGE 2 • INDICATING THE TANKS TO $E WDTAUmAIMOVED, QR AFPGCTED BY THE REPAIR) 0 INWA"TION(0) 13. FiEPA1R(8yRFJJNE(8) TO UST* gE(SyAL;MOVAL(6) •b -W" 13 8Y8TEM Mp01!!OA'11ON (E(LALDIP$i WAIR TO PANG) 0 OTHER (BP6CIF1�,,,�..•.„,._ ! y NAME TELEPHONE SIGNATURE COMPANY NAME TELEPHONE NO: ,oak--"�ae CITY: FAaLrTy Ma 1TATE . — ZIP Op NAME: —. TELEPHONE NO.: 1ka��3r BUSINESS TELEPHONE ' WM. NISW NSBTAlATWA, CLOSURES, 99PAM AND SYBTBM MODIRCAWW$ OF UNMOROUND 87CRAGE TANOB RNOIRRE TILL BUBIMTTAL OP (Q U" OP PLANS TO WW DVIMON. Tl E PUPA MUBT BE APMCVBD am TO THI INm TION OF AN` ��COIBITRLWM OR MDDUICATWN. ALL PMNB CII REPORT& AlI M MUST ACCOMPANY THUS PORN AT M INNS CI NSBMITTAL WN[� FLMi APPROVAL AND FEES ARE VALID FOR ONE YLMI IFTANKS HAVG NOT DEEN RFJAOVRD, WA M OR MODIFIED LMMI CNf IICti4B1t 4-4 Murton 0P TANw To w A~T0 muA'w .m� IryyMMpMUAspApTAI I, MJA CONSULTING INC ID:619-634-0054 MAR 17'98 23:12 No.001 P.33 EIWIME�.A1MMiY:h C ORDERwvn 0 01 •.CEO/W (A00 40# ) ' f 02' CEO PM Gtaak/Fo0ft (Fcr ) 03 CEO Plon che¢k/Pode (PC*1 ` � 04 Food Ovhrdw Gat - UAoW WS) 05 GGQ/C4Wrt ReatWlWfJu gwMnl No* CA"s, .w i3 04 •HCtals/Motols 07 MS"W Parlor (ACCt/Bat++ ) 777 06 Nol" .09 •LkW WARM HAYW :, f 10 Farm labor CAW RDOW*tW f—{ ---� .11 LAW Uw ' 12 • )twwan)ow V%@W (Acot/Bat# .13 tanuftla volt rinaA 14 must to x V60 R9d Mgn/Jud9emant •__.. „ ` - , M= Caw# ` 15 mazatwx via la QW-W^-•- •16 9tleDWA viu% (ACot/Bat# f uNUH611 (noel/Bat'�) UST Plan Cheek (PC#M ,L;i�--•�•' .._.) s-•".�arr�t---•-' tY UST MID awasu9a •['jam-�.-^- 20 'UBT Hose / domilm PMme C*00 21 V*ft(corm_tlaoon....•.Dwtr t .i VAW —Gather". W. MD* I ' Alld Moan.— 10"M Draw BeoMbw/pow Co Ndw f a mt(A) `;: 25 AK Poor to pow of CCp/A) i .. .'r .'y OMER Imo-"'••� i :•+:', •'+•:Y6r „-C.r" �..t.^m;•�:�. ".` ,:}va. ":F ![•fit. tp�l:..•�" �►Maaa .r .m. ". ,�.�r—r . -•.ram.•+ , ` . .a ITS .. r . ♦ '3: ' ..... .. .. .. ....... .._...._. .. .r :�f [.. _''♦.......,r�'i:__Y.r' .... ... ..:• dc,::I .1fYpl'hMr IY�r 1tY�. .. 'i i MJA CONSULTING INC. ID:619-634-0054 A r CITY OFF NEWPORT BEACH NEWPMT MACH, CA 92663 RECEIVED 6Y: PERRY2 TODAY'S DATE: 0Z/04/96 MAR 17198 23:12 No.001 P.34 CASH RECEIPT RECEIPT NUMBER: 02000146998 PAYOR: MT WALKER CO REGISTER DATE: 02/05/98 TIME:.16:29:57 06404415 DUSINEE5 LIC TA 6L90970515 0102263 DEP ACC/MICROFI 23305055 FIRE PLAN CHECK F9800037' 2330BD57 FIRE PERM17/INS „ TOTRL 'DUE: CASH PAID CHECK''PAIO CHECK NO 4.00 t343.SO •'-2561 - ` $257.00 $.50 •93.00 $93.00 wMYV-----mow 4343 .'SO TENDERED CHANGE $343.50 9.00 l r rhh . • r TI • � ....•..�a.�. . ..q..« .... _ • �• � _.�� n.^��•Tr•. v:,.';� .. . n-P:�.r.`�. e.i I; f 14 .f '- .Y F• 1. J r�1 . i MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:13 No.001 P.35 ,lEAYICE BUILDING / a Awj . PLI lSiwnlD Jo, iiftN ` \ 1 {V I 1, lil<l i miiie, SCOPE OF Vt10R s 6r %F-A oft rtwnV1 P d ib �n19 tt iALEf BUILDING V�jUiw`I�tE luf iplisi,. < of Co1LA1Tb ftAL"M k Ci1y FiLR DCfAR'T 11A[Nii ! 41i plpNly a5soclu�a with unaergufuro r;,t, ^•,W i+,.nCY I` �tor�po iwrike She►! b rotnuve^ out gpAM IR Hf N AL NkAI�N fit��SiUN l ir+AMGP111M �f. y�'��pR�12M0liSF�� par.ttwa. .L. tr3Isc 7t{ oi• any lew, nor dray it prevthe ent ro t ahatl not bs aonsituod to Parmri CCnaxr re On Of arrmittadford°P . I ns. Plans must bo rows• '; � env additional ohar{aos era made by the • M/MMA�NaM In addltlon tothis UMi linens too 011444001144 alesMnur parmlts rs4utptapd en �... 1 I M«wrtq w.ur ms,,as Ir Mla Con.■{l{■t, IK. bulldirla a D1Women fl� n 10 IAanag lftiPM�avat. a N. Lairi44 a"4�otgeuies si fell Wrq Underground tank required i 0 '4 DrumtyIlACOMKINe,iee. 6aQh����s8d8 ocilafto ut$ Ina,M{nant i7141 t4— -- -O Oran prov lens must bs A copy of theae approved P tw,wsl M 1 avalluble at the site atJim etl tlmse• r pw"". At - — -- — ; pEp p'j S MJIN !tiZ 0 Iww�u> •sowrwwwwwwair:.LY, RI'iRSw SiSSiLS.:•S�rt Cl:fi i'r�l:.Gf�,CRf S�•LCLit�ww•w.fiHwO .rrrLr�w«Z y �rrr!Ii�J�►�OMI� MJA CONSULTING INC. ID:619-634-0054 MAR 17198 23.14 No.001 P.36 APPENDIX D TANK DISPOSAL FORM MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:14 N0.001 P.37 CE1zT'IF'ICATE OF DESTRUCTION Newport Imports 3100 W. pacific Coast Highway Newport Beach, CA One 1,000, & One 550 Gallon. Steel Underground Storage Tanks Have Been Scrapped, Crushed and. Destroyed At Pacific Coast Recycling in El Monte, C On February 11, 1998 DATE: CAL -VAC ENVIpONMENTAL SERVICES 10506 SHOEMAKER AVENUE SANTA FE SPRINGS, CA 90670 Phone (562) 946-4994 Fax (562) 906-5210 •.........�..�.....r^^'........,.,....--r.�M.Aw1..,��,p..,[s«f..�—...-t ..�.w, cPSIC:M".GV' ., _ •, ,....'.::?_� MJA CONSULTING INC. ID:619-634-0054 MAR 17198 23:14 No.001 P.38 9 APPENDIX E UNDERGROUND TANK INSPECTION REPORT MJA CONSULTING INC. ID:619-634-0054 MAR 17198 23:15 No.001 P.39 Orange County Health Care Agency UNOERLRROLM STORAUE TANK INSPE7CTION REPORT . VVA: NEWPORT IMPORTS AIVRESSI 3100 W COAST HY BLDG41 STE# NEWPORT BEACH, CA 92 CITY CODE:115 3 NEWPORT BEACH FILE NO: 004454 ACCOUNT NO: 1076 EPA# : CAD06S142561 YI oQ�AT ASCRIPTIONS FACILITY 10S OPERATING IIIOMMOUND STORAGE TANK (UST) WITHOUT A PERMIT 115 FAILURE TO REPORT THE afM IN OWNERSHIP WITHIN 30 DAYS 4 in FAILURE TO ENTER INTO A WRITTEN CONTRACT BETWEEN OLNFR(S) AND OPERATORISI 10 METERS NOT INSPECTED BY THE COUNfl DEPARTMENT OF IEIOHTS AND MEAStAfS OR A CERTIFIED DEVICE REPAIRMAN _ 145 FAILURE TO MONITOR TIE TAW(6) USING THE METHOD SPECIFIED ON THE. UST PERMIT 150 FAILURE TO MAINTAIN WRITTEN RECORDS OF ALL MONITORING, EQUIPMENT CALIBRATION. AND MAINTFlYLNCE 0-9ITE +_ 170 FAILURE TO CORRECT PREVIOUS VIOLATIONS WITHIN 30 DAYS 190 FAILURE TO SUBMIT INVENTORY RECONCILIATION OUAARTEALYlNt" REPORT 07117M Y 196 FAILURE TO SUBMIT A 'PERMIT TO OPERATE' APPLICATION FOR TIE LISTS AT THE SITE 117 FAILURE TO IMPLEKNT/SELECT/DEVELOP AN APPROVED MONITORING SYSTEM/PLAN 01/17/97 _ 19@ FAILURE TO OBTAINISHOW EVIDENCE OF FINANCIAL RESPONSIBILITY 291 FAILURE TO SUBMIT A DIAGRAM SHOWING THE LOCATION OF UST(S) ice. 126 FAILURE TO REPORT THE CENNI?£TI IN THE USAGE OF INTO) WITHIN 30 DAYS 125 FAILURE TO REPORT AN UNAUTHORIZED ROMSE _ 130 FAIUK TO DEVELOP A RES'ONSE PLAN TO REMOVE THE UKAUTIgNiZEO RE1EA51 FROM TIE SW)ONUTARY OONITAIMTIR 133 FAILURE TO MONITOR VISUALLY AT REQUIRED FREOUENCY 165 CONTINUOUS MONITORING DEVICES/EQUIPMENT/TANK LEUk7. MONITORS/LINE LEAK DETECTORS INOPERABLE -' 1B0 FAILURE TO ANNUALLY TEST AND/OR SUMMIT PROOF OF INSTALLATION OF PIPELINE LEAK DETECTORS 1055 FAILURE TO SUBMIT TANK INTEGRITY TEST RESULTS WITHIN 36 DAYS OF TEST COMPLETION _ 195 FAILURE TO FOLLOW PROCEDURES WHEN INVENTORY RECONCILIATION/TANNK SUING EXCEEDS ALLOIIABLE VARIATIONS 210 FAILURE TO REPORT CHANGES IN MONITORING ALTERNATIVE PROCEDURES WITHIN 30 DAYS 275 FAILURE TO PROPERLY 0.06E USTUS) '! 200 FAILURE TO PROPERLY REPAIR UST(S) 286 FAILURE TO PERFORM T16HTNE551INTEGRITY TEST ON TANK (S)IPIFE LINES ._.. 207 PREK;9l.RIZ® LUTE LEA( DETECTORS ARE NOT DESIGNED TO RESIST UN UUTNORIZLD TAN RING BTORA:T TANK USN My SECURED TO PREVENT UNAUTHORIZED INPUTS OR WITKRRA!<.S I= LDNDERBROIIND 290 OTHER ao �J i Or%stA� ;cdr ce..v�ovy� �� 0�4 jU0 (?. wa,S�� 6.� UST a.�oc Gr%f- v ri MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:15 No.001 P.40 a Orange County Health Care Agency LM ERWOUND STORAGE TANK INSPECTION REPORT DBA: NEWPORT IMPOORTS ADDRESS, 3loo W COAST HY BLDG# STET! NEWPORT BERACH, CA 92663 CITY CO+DE;tl5 7 NEWPORT BEACH FILE NO: PW14454 ACCOUNT NO,' 1876 EPA# : CA D2}bB142Sb1 i IASOLINF------ ' !" 31YBTORED !134T12E13 ! 1 y• ! !D071 AS LI ! 12 79. AST IL !— '• ! +W c '2 ! RO U !1 !WASTE r rWA�TF ! ! 1 Ingle Wall -II _DOU E WAL !1 ! OUBLE AL ' ! No led U98 1 11987 to !2 'NO ' 1 U ' 1 hell: ' 1 ' n t ! !FIBERGLA S !1 STEEL ! ! ! r 1 ' + !3 !KE !99 !UNK + 1 1 !Seemdery Mall: ! ! '• ! t U NR ut vnlury !Menu4acture !13 !MAL OR '- '• !TYPE OF OVERFILL ! ! ! ! !PROTECTION !8 !BA F OAT V LV ^!8 ! !SPILL ! ! ! ! +�,`Q�,L91MEMT ! 1 ! YE5_ '• 1 i !MOMITORIN6 t335 NSW D �e M TANKELM IM TfM TM+ '04/11/91 INSPECTION DATE: r r � 1 ! 1 ! ! r 1 ! MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:16 No.001 P.41 OP•ange County,Health Care Agency ::' ;: Environmental Health Division, Hazardous Materials Managerim�pnt Section Mailing Address: P.O. Sax 3=, Santa Ana, CA 92702 Office: 25W9 E. Edinger. Santa Ana. CA 92705 Telephone: (714) 667-368(9 HAZARDOUS WASTE & UNDERGROUND STORAGE TANK INSPECTION REPORT FILE NO: 004454 ACCOUNT NO: 1876 EPA# : CAD068142561 UST PERMIT NO: 1876-3 FACILITY: NEWPORT IMPORTS PERMIT: 04/29/97 - 914/28/20912 STREET: 3100 W COAST HY BLDe# STE# MAP COORDINATES: 888-H7 CITY: NEWPORT BEACH BEACH ZIP: 92663 DISTRICT: 205 NEAREST CROSS STREET: NEWPORT BL TSD FACILITY? NEW DBA7 _ NEW BUSINESS? NEW ADDRESS? _ NEW OWNER? PUBLIC AGENCY? NEW INFO: _ HW INSPECTION TYPE: NO.OF UST ON UST INSPECTION TYPE: NUMBER OF EMPLOYEES: 50 O # TANKS TO BILL :i'--'r Q UST COMPLIANCE CODE: 2 LAST HW ROUTINE INSPECTION: 191-27-94 LAST UST ROUTINE INSPECTION: 07-17-97 HW EXEMPT CODE: 0 UST EXEMPT CODE: 1 HW STATUS CODE: 5 UST STATUS CODE: 1 POIN911P OWNER: PHONE. ( ) - TANK OPERATOR: PHONE: ( ) - ^Ct CT: THEODORE ROBINS JR/JIM ROBINS PHONE: (714 > 642-0010 HW HILLINCI (NBA & �RILT� ADI�REB ) : UST HILLINCz (NAME _ & _tL�LING ADCrRE9S) NEWPORT IMPORTS THEODORE ROBBINS FORD 3000 W COAST HY 2V60 HARBOR BLVD NEWPORT BEACH CA 92663 PHONE: (714 ) 722-4100 PROPERTY OW ER`JNWE Ik MAILING ADDNSS) :• ROBINS PROPERTIES, LTD PARTNERSHIP ATTN: THEODORE ROSINS JR COSTA MESA CA 92627 PHONE: (714 ) 642--0010 TANK OWNER tNAME 4c MA LING ADDRESS): ROBINS PROPERTIES 2060 HARBOR SL COSTA MESA CA 92627 COSTA MESA CA 92627 PHONE: (714 ) 642-0010 PHONE: (714 > b42-0010 EMERGENCY CONTACTS DAY: PHONE: ( ) NIGHT: ( > — ACTIVE ICR: 94TI100 94IR344 INSPECTOR #: F 7._ NAME: Rum Dmts: 02-09-98 HW INSP r DATE: UST I IV8P CNTR: 19 PAGE 1 OF _ __ MJA CONSULTING INC ID:619-634-0054 MAR 17'98 23:17 No.001 [E , I MJA CONSULTING INC. ID:619-634-0054 ,` Advanced Technology Laboratories Febnlaty 20, 1998 C. James 8t Associates 1'.0. Box 742 Cardiff, CA 92007 A'rTN: Mr. Michael Ausclmo ClialO Pri jecl: Former Newport imports, Robing Property Lab No.: 23830-001i0I3 Gentlemen: MAR 17'98 FLAII No.. 183X Enclosed are the results fnr sample(a) received by Advanced Technnlogy taboratorics and tested for the parameters indicated in 41e enclosed chain of oosl(xly. II)nnk you for the opportunity to seivicc the needs of your company. Please fool free to call site at (310) 989 - 4045 if l can he offurther assistalee to your company. Sincerely, j 13dgai•P. Caballero laboratory Director I;PCims linclosures This cover letter is an integral part ofthis analytical report. 23:17 No.001 P.43 llv,npoi J mWm.9y In Iha vanplaa 6we09t114 nM Acemmineov+way alryly tv ellw, algmiunlY Inemwal"Simi].. M1.6.t, 7ri0 roper (s eutmva.l pv arc vxctndw• ,w ef1Le agent Iv wtxvu II a eaercvee. My„ pvalammn m 04,,elmrt Ma athu labnxte,y, amuv as a0eatieng atladdirilypupuaa wi�mut avdmnmtirni+l+'dntawl Mailing Address: P.O. Box 9108 Newport Beach, CA 92658 1510 B. 33rd .Street Signal Hill, CA 90807 Tel: 562 989-4045 rax: 562 989-4040 cmmt•. bwA comallig, lnn Alm: a ir. INVANdAtere6ao Ufa Project: Former N'cwprt IwWcb Date Received: ftnil8 Matrix: Soo < r :li aw yF •<. >•s^s a•TF 3' r ?Ji'<T" <a(-r<sx-r.•x;rasaSA<.., ,,•rs:x --r r inx:�3c ;... xx taF ,y. R eil§l 3Et ' U r.s�- �,{,1,s�3"t�R.�s� ��s:a�i,��;t;rt�r<£: i z3lL.t� s. 3- Lab No.: I Nle&od Blank ?38:i0009 123839410 238 "ll 238 "0 C&at LD.: — SL S2 Di SPI Dates ktL• :— 02/11F98 02/11/98 �2li1f98 OIf1L98 - CBatdt4: 1988G20SW .i988G20QmA I988G20SO44 %S8G205044 'I986G20SO4•t ' Date AnaNud: 02116/98 02t17/98 0�2</ 02/17/96 ow7 /98 Analvttb ds%:'AK AK �17/98 AK fAK AK Ddutinn Factor: t 1 I [ 1 1 x...y3 15< ;: •. <- >r; `i::'..) >u,gi.��r .{: ,. ,�.; >xu '!"s`s �+�� J, s, t.f.B s . fl , x r ;y a c y 3a e.. � { 3 ,< <`., dP � rr �e nr{ 3 B '.n. )a�D�i ��`�. 3j s'r�+iaR t..3 . ;t i`S-•a1l " t TPH Gas ll 1.0 Nnj 1.0 ND 1.91 NDI I.OI NDI LOI ND Bmzme 5' S.0 NDI 5.01 VDa 5.9 ND! 5.0; VD S-01 ND I' Toluene 5± o - S.0 ND 5.0 ?iD SO NTi 5.01 ND- 5.0 ND ' EthFlbenune 5 5.0 VD S.0 \Z 5.0 ND �0 NDi S0 VD I I 7:FI¢Des !0 1 $ p7ft S.01 NDI 5.01 NDI 5.0 NDI &01 NDI 5.0t ND: I Iab Ya; (Imt S=tat I.D • ' Date Sam kd' ! ± C Batch#: _ i Date Anakaed: Analyst Irdbab: ! - Dilution Factor: % I I b9 t'L , 3tA a 1B)al 3 Rfa of y L) u6 f: •%a; t` <i ♦ g• b S Bfnar ➢ b> s 6 'L. r:i U TV ^ I`M1 SeD a6; iLigf n{ f I6 <3 > S?j)%� Cf 'Efa,� .a5 pjjy{ZZ Y5n u jj a iitF 3`!t TPH<GsslMawr' Beene 5 Toluene I 5 • EtltvO,eruRae � 5 a f xvimes to 5 0 1 ! ' MTBE S l MDL+M QMPdK< nL" d ND -Not Duen<d. gktw DLR) YI ..y A .11. `FA = NotAoala.d Resicwed/Approved Br• �e. Lee Infsrvaldsan, Departmmt Supervi_%r The wren tatter 6=integral pan erth6 an*lkd "p"t. to W W z 0 O O Aatc• A "draaccd Tcchrolo,A Laborarosies Client: Attn: JLTING INC. • MJA Consulting Inc. Mr. Michael Anselmc ID:619-634-0054 MAR 17'98 23:19 No.001 P.45 r Client's Project: Former Newport Import Date Rccelved: 02/11/98 Date Sampled: 02/11/98 ^y«k::�7�� :' K« �•`J"° ^d""`a �a'�rih)� �it"J""t»� "'eno� �io?'� �1 30 `�7,•B Soil m A - &,3/At7�i 10 � ....;z... 10 .v.......�.,, MO 23830-012 S3 EPA 418.1 II 02/18/98 23830-013 SP1 EPA 410.l.(rRPI1 02/18/98 13 Soil mg&g. 10 10 MO , MDL - Method Detection Limit ND + Not Detocted (Below DLR) DF = Dilution Factor (DLR/MDL) Reviewed/Approved By: �6.e 14- �/ d, 4,1 Cheryl OL l.oe Reyes Department Supervisor Tw wro� INwrk r,Ybysi paA ntUl�antlyAcd roytnl FdvancedTeeMola,y 1510 G. 33rd Street Signal Hill, C/i 90807 Tel: 562 989.4045 Yax: 562 989-4040 nboratories MJA CONSULTING INC. ID:619-634-0054 MAR 17198 23:19 No.001 P.46 Method C:\HPC1iEM\1\MCTHODS\802bL•'X'1'.M (RTF integrator) Title 8015GAS/ 807.0(BTXE) Last. Update : Wed Feb 04 15:49:17 3998 Response via : Initial Calibration Non -Spiked Sample: 23842-3'7.D spikeSpike Sample ------------------------------- Duplicate Sample -----------------•---- iiie iD : ------ IMS0216C.D IMD023.GD.D Sample 9BBG20SO44 98BG20SO44 Acq Time: 3.7 Feb 1998 3.21. am 17 Feb 1998 3:43 am Compound Sample Spike Spike Dup Spike Dup RPD QC Limits Conc Added Res Res tRec tRec RPDs Rec ------..-------------------- Gasolinc ------------ 4 •-•------------------------------- 1 I1 2 I24 4Benzene I112 92 1119 100 186 117 11 147-3.400.0 68-121 'Toluene 0.0 j4 186 62 3!>4 86 82 5 13 62-127 QC BATCH # :98BG20SO44 Reviewed and Approved by : .�,,, _ Date ro�9— Lee 'ingvalC3non, Organic:. Supervisnr. IL dwInfrd Technology 1510 C. 33rd Strew Sigurd Rill, CA 90807 lCl: 562 989.4045 Fax: 562 989-4040 !.n nrarniirr - �+;:' 'S�7>;ecbie0nitd RPf?SruOStai=rRtpoN , :'y;;: � . Method: 418.1 Date: 02.19-93 Analyst: Mo SamplelD. 23830-012 Data File: 8049-1s Mat4x SOIL AVALYTE UV TS LCS iL£S Res %Rec- METH BLANK SPL CONC 1 SPX ADDED MS RESULT MSS) RESULT %MS, REC •'%MSD REC REC Lim! RPD RPO Lrri' IAOL TRPH ! mglkg • SOD; 43888 1 ND 301 Sol 473' 436 a9' 811 65•:23 9 20 10 ! i 1 � I I I I 1 I ' " I 1 1 i I 1 I Approved by: C,1r*f .NjN'G6Ci�/ Cheryl Ce LA Reyes trwrganics Supervisor Date: "'' ).3 A N W N O Z 0 CD O r .9 A "AdrancedTeMnwiogy tabarmories MJA CONSULTING INC. ID:619-634-0054 MAR 17'98 23:20 No.001 P.48 CHAIN OF CUSTODY Orange County Health Care Agency Environmental Health plvlsion 2009 E. Edinger Ave.. Soma Ana, CA 92705 ' Telephone: (714) 607-3700 1. ALL SAMPLES ARE TO BE HANDLED AS COURT EVIDENCE, AND ARE TO BE PROPERLY STORED IN A SECURE LOCATION. 2, PLEASE WRITE LEGIBLY. 9. 4. 7. ATTACH THIS FORM TO THE ORIGINAL REPORT OF THE ANALYTICAL RESULTS AND RETURN THEM TO THIS OFFICE. LABORATORY RESULTS RECEIVED WITHOUT PROPER CHAIN OF CUSTODY DOCUMENTATION WILL NOT BE ACCEPTED. 1' 4", ` __ ..........n, evon nv 1 AwnaaTnRY ANALYST S. TO BE.QQMPLETED BY SAMPLE COLLECTOR LAB NO.: DATE RECEIVED: SAMPLE(S) CONDITION (PLEASE CHECK): CHILLED. ^ COUNTY SEAL(S) INTACT: _— CONTAINER IN GOOD CONDITION: DATE ANALYSIS COMPLETED: ANALYST: SITE NAMEIADDRE55: DATE OF COLLECTION: C SAMPLE COLLECTOR/COMPANY: ' 1 TELEPHONE NO.: _ HCA REPRESENTATIVE: TIME OF M P L E DETERMINATION SAMPLE DESCRIPTIONICOMMENTS COLLECTION NUMBER REQUESTED i• 41 k. r (S Nr (IR ( COMPANY IG ATURE COMPANY/AGENCY 3. "��'610NATURE� COMPANY/AGENCY 4. "— - - COµPANYlAGENCY ^ ' SIGNATlRE 6' 5IGN4TURE " •'— r C061PANYIAGENCY 6. — COMPANY/AGENCY T 'SIGNATURE 0 INCLUSIVE DATES/TIMES INCLUSIVE DATESRIMES N INCLUSIVE DATES/iIMES I INCLUSIVE DATE-6 MES I WHITE.RETURN THIS COPY TO ENVIRONMENTAL HEALTH, CANARY•LABORRIURT VUFT I2724.101.1(nWe9) 0j PINK-CONTRACTOWCONSULTANT COPY, GOLDENROD-OFECE COPY MEMORANDUM TO: USE PERMIT FILE NO.3612 TLA Restaurant, located at 3100 West Coast Highway FROM: JAVIER S. GARCIA, SENIOR PLANNER RE: TANK REMOVAL AND CLEAN-UP The purpose of this memo is to document a conversation on Tuesday March 17, 1998 at 12:15 p.m., between the Planning Department (Javier Garcia) and the County of Orange Health Care Agency (Joyce Krall 714.667.3714). The conversation was to ascertain the status of final sign off of the clean-up or closure of the open permit for the removal of the underground storage tanks removed during February 9-11, 1998. The County representative has indicated that she is recommending closure of the open tank removal permit. The report performed by MJA Consulting with regard to the tank removal recommended that the removal of the tanks would complete the remediation requirements of the site and that no further remediation at the site was necessary. Based on that information, staff intends to permit the issuance of the grading permit to begin the construction process. This intention was presented to the County representative and she raised no objection since no soil contamination was previously identified. F;\USERS\PLN\2LETTERS\UP3612M.D OC .v �1 Diarch 3,1998 John Auyong California Coastal Commission 200 Ocean Gate, 10th Floor Long Beach, CA 90802-4416 Dear John: Jonathan Rodriquez-Atkatz President & CEO Attached please find the original Coastal Development permit 5-97-398 with signed acknowledgment. I previously forwarded a copy of the permit that I had signed under cover of my letter dated 27 February. Thank you for all of your assistance. 4464 Fremont Avenue N., Suite 310 • Seattle, WA 98103 Phone (206) 545-9055 • Fax (206) 545-9044 e-mail yojonnyr @aol.com ZO'd bb06-sys-90Z VI-L d9£:VO 86-£I-AeW STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION South Coast Area Office Page: 1 of 3 •-.: 200 Oceangate, Suite 1000 Date: February 26, 1998 Long Beach, CA 90802.4302 (562) 590-5071 Permit No: 5-97-398 On 3 February 1998, the California Coastal Commission granted to TLA Incorporated Coastal Development Permit 5-97-398, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an automobile showroom and related facilities and construction of a 1,553 square foot, 32 foot high, drive -through -only restaurant (two -stories consisting primarily of a single -level elevated one story above ground) with a 300 square foot storage building and nine parking spaces located at the rear of the property, 1,612 cubic yards of grading, and paving of Avon Street. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 3100 West Coast Highway, Newport Beach. Issued on behalf of the California Coastal Commission on February 26, 1998. PETER DOUGLAS Executive Director By: VfA Title: oastal Program A aly The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a)•74N 2ecarpera.ft4 .21 FJr..4r f /9Q8 (e Date Sign ture , Permi 'resicxid I )E Please sign and return one copy of'this form to the Commission office at the above address. £O'd VV06-9t?9-90Z V I-L d9£=b0 86-£T--4QW COASTALNVIFLOPMENT PET,ITAN • •: Page 2 of 3 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will 'expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance.- All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections, The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Rum with the Land These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the owner of the property shall execute and record both a deed and lease restriction, in a form and content acceptable to the Executive Director, stating that the subject permit is only for: 1) the development as described and conditioned herein - namely, a drive -through only restaurant with nine on -site parking spaces (including one handicapped space); and 2) any future improvements b0'd VV06-SVS-90Z VI-L d9£=b0 86-£i-IAVW COASTAL nFVFI nPMFNT PERMIT No. 5-97-398 Page 3 of 3 to the building, including but not limited to revisions of on -site parking, the addition of walk-up window service, or sit-down dining area, or other change in intensity of use, will require a permit amendment from the Coastal Commission or a new permit. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, except for the existing lien of the Ford Motor Credit Corporation, that the Executive Director determines may affect the enforceability of the restriction. This deed and lease restriction shall not be removed or changed without a Coastal Commission -approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. JTA;bIi 97398per.doc. c;\msoffice%winwordltempletelpermit.dot Printed on February 26, 1998 SO'd bbol AENVIROPRO� INC. Fm- pP hmuve aviravawtal sagas A TwhwlM 6 PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT Conducted at 3100 West Pacific Coast Hwy East" Portion Newport Beach, CA July 10,1997 Enviropro, Inc. Project No. E0838001 Prepared for TLA Incorporated c/o Mr. Joe Goveia Govela 3 Asaocia*s 11 Blue Jay Drive Artso Viejo, CA 92656 9765 Eton Aveaue • Chatsworth, CA 91311 • 818-992.7197 • FAX E1E-993.72$9 ;l. 0 0 1 1.0 EXECUTIVE SUMMARY ....................................................................................... 1 OF WORK .............................. 2.0 SCOPE 2 OVERVIEW .............................................................. 3.0 SITE ..................................... 2 3.1 Location.................................................................................................................. 2 32 Site Description .......................................................... ............................................. 5 3.3 Adjaoent Properties ................................................................................................ 5 4.0 SITE HISTORY AND OPERATIONS..................................................................... 4.1 Results of Sanborn Map Review .......................... ............................I......................6.......8 4.2 Results of the Aerial Photograph Review.......................................................... 4.3 ...........................................7 Results of the Munger Oil Map Review ...................................................................... 7 5.0 SITE SETTING ....................................................................................................... 7 5.1 Topographic Setti...................................................... aph' ng.......................................... 5.2 Regional Geology......................................................................................................7 5.3 Hydrogeologic t Setting............................................................................................7 8 6.0 RESULTS OF THE INVESTIGATION ........................ ..................I......................... 8 6.1 Site Visual lnspection,Observations........................................................................ 10 6.2 Results of Regulatory Agency Contacts............................................................... 10 6.2.1 Results of Regulatory Agency Direct Contacts ..................................................... 11 6.2.2 Results of Computerized Records Review........................................................... 6.3 Results of the Radon Investigation.........................................................................12 6.4 Results of the Suspect Asbestos -Containing Materials Survey ..............................12 7.0 CONCLUSIONS AND RECOMMENDATIONS......................................................13 14 8.0 DISCLAIMER ................................... ...................................................... ............ . 14 9.0 LIMITS OF LIABILITY.................................................................... ....................... A Phase I Environmental Site Assessment was conducted for the property located at the easterly portion of 3100 West Pacific Coast Highway in Newport Beach, California. The purpose of this work was to assess if potential environmental interests that might impact the property may exist at the site or surrounding sites. Conduct a visual inspection of the site to identify readily apparent potential sources or signs of contamination. This it potential oor presents ection includes a thorough urceS of inspection of the property environmental concern at the sM. The visual inspection also includes interviews with management, employees, and other readily available persons regarding site history, waste handling practices. current environmental concerns, and any other pertinent' environmental concerns. Photographs documenting the site visit are presented in Appendix A. Review Historical aerial photographs, Sanbom Maps, and Munger Oil Maps, if readily available, to doaxrrent the previous uses of the site. These materials help assess past site activities that may have an impact on the property today. Commission a records search and report from an environmental regulatory database vendor for information pertaining to soil and/or groundwater contamination at the subject site and surrounding properties within a one - mile radius. Contact the fnlbwkV agencies, if possible, to inquire as to whether they maintain any files on the subject property. The following is the minimum first of local agencies to be contacted: The Fire Department The Department of Public Works The Regional Water Quality Control Board The Department of Health Services The Department of Toxic Substances Control (EPA) i 11 • Interview current and previous site owners (if possible) for information on any chemicals that may have been used, and knowledge of any spills and/or chemical teaks that may have occurred at the subject site or knowledge of potential or known environmental -concerns. • Prepare an overview of the topographic, geological, and hydrogeological settings and information for the subject site and surrounding area from readily available geologic documentation, as related to environmental issues. • Review research literature on radon investigations performed for the State of California. Analyzed pertinent data pertaining to the subject site and the possibility of a radon concern in the subject site area. Perform a visual inspection and sampling of suspect asbestos containing materials. Bulk samples were transferred to a state -certified laboratory, using the appropriate chain-ofcustody, for analysis. Suspect asbestos samples were analyzed using polarized fight microscopy. Prepare a report documenting the results of the investigation. 3.1 LOCATION The subject site Is located on the easterly portion of 3100 West Pacific Coast Hwy (PCH) in Newport Beach. The site is situated on the north side of PCH, east of Newport Avenue. Please see Drawing 1 for the Site Location Map. 3.2 SITE DESCRIPTION The subject site is currently occupied by a vacant auto repair shop and showroom offices. The subject site is a portion of what used to be a larger automobile sales and repair facility, Newport Imports. The subject site contains a large, two-story showroom building, which also contains offices. This building fronts along PCH. The rear of the property contains an automobile repair shop with several repair bays and parking area. Please see Drawing 2 for the Site Plot Plan. u✓ c N 55-gallon Wheel Alignment drama t Machines Generators I N-�� North Repair - Bay jj LOOM . U Paint Booth 0' O rn East Repair • 0 Bay West Repair Hydraulic Oil say Reservoirs ® 0MW Fuel Pump =Underground MW Tanks (� 1GtW 0 MW M Showroom & (� �i�tW MW Offxes O MW 0 Pacific Coast Highway Legend Drawing Not To Scale MW Monitoring Well -=om Hydraulic Lift Abandoned Hydraulic Lift o Aboveground Lift Aboveground New Oil Tank 0 55-gallon drum of waste Enviropro, Inc. Site Plot Plan DravAnV 2 9765 Eton Avenue CuantName: Chatsworth, CA 91311 Goveia & Associate&TLA Inc. Date: Prqject No. Approved By: Site Address: July 1997 E0838001 A.O. 3100 W. pCH, Newport Beach, CA \, 40 3.3 ADJACENT PROPERTIES The subject site is situated in a mixed -use commerciallresidential area. The adjacent saes are described below: north- a steep cliff is present at the northern border of the site. Atop this cliff are single family residential homes. south.across PCH from the subject site is a large hotel. There are also several restaurants and an office building south of the site. Further south its the Newport Bay and Pacific Ocean. cart.adjacent to the east, along PCH is a BMW automobile dealership and repair shop. west -adjacent to the site is the western portion of the former Newport Imports auto mobile dealership and repair shop. Further west is a Chilis restaurant, and the Newport Beach Chamber Of Commerce. 4.0 SITE Hi 5ioMLAKQpff-R&11M 4.1 RESULTS OF :•' The Sanborn Map Company provided map coverage for this site. The following is a summary of the available maps provided to Enviropro. .1951 The subject site appears to be vacant in this photograph. The front auto repair shop for the westerly portion of the former Newport imports facility is present to the west. The Sanbom map indicates that this building is used for automobile repairs and painting. There is also a car wash facility associated with this westerly portion of 3100 PCH. Piles of lumber are stored in the rear of the repair bay building. East of the site is a motel. South of the site, across PCH is a used twat sales stop and storage area, a furniture retail store and associated manufacturing and painting. southwest of the site Is the Orange County Harbour Engineers. 1$61 The subject site appears similar to today with the showroom building and automobile repair shops. The westerly portion of 3100 PCH has also been further developed with another repair bay behind the original building. The surrounding sites appears the same as in -the previous map. 4.2 RESULTS OF THE AERIAL PHOTOGRAPH REViEW Six historical aerial photographs, the oldest of which dates back to 1922, were reviewed by an Enviropro, Inc. representative for the subject property at the,UCLA Spence and Fairchild collections. These photographs were reviewed with attention to possible sources of environmental concern due to past activities on and around the property. Copies of the aerial photographs could not be obtained, and are therefore not Included in this report The following is a description of each aerial photograph reviewed: The subject site and surrounding sites are vacant and undeveloped. The marina is also not developed and PCH is not present. The subject site and sites to the north, south, and east are vacant PCH has been constructed. South of the site, across PCH is a commercial building. The buiidinig's use can not be determined from this photograph. The subject site is still vacant and appears undeveloped. There is an advertising sign located on the subject site along PCH, but the ad could not be read in this photograph. North of the site, atop the cliff, is what appears to be one single family residential home. South of the site is the commercial buckling. West of the site is an industrial property, and east of the site is vacant The southern 314 of the subject site is being used for mobile home parking in this photograph. The northem 1/3 of the site appears to be used for materials storage for the industrial site to the west. These materials appear to be stacks of wood, possibly for boat construction. A motet is present to the east, and additional residential homes are present to the north, atop the cliff. South of the site is a bait shop (a sign can be read on the budding) and what appears to be a bus and boat maintenance facility. The subject site appears similar to today. The properties adjacent to the north, east and west appear similar to the previous photograph. South of the site, across PCH. Is a commercial property which appears to be associated with the marina, its use can not be determined from the photograph. 410 The subject site and surrounding adjacent sites appear similar to the 1955 photograph. However, south of the site, across PCH is what appears to be a hotel and perking lot 4.3 RESULTS OF THE MUNGER OiL MAP REVIEW There are no fom-W or present oil wells noted in the maps on or immediately adjacent to the subject site. Therefore there is little likelihood for concern due to former or present oil welts on the subject site. There is an area of op exploration south and southwest of the subject site, approximately 1000 feet from the subject site. These wells are a significant distance from the subject site so that they most likety do not pose an environmdntal cancem to the subject site. 5.1 TOPOGRAPHIC SETTING The subject site is situated at an elevation of 10 feet above mean sea level and is located approximately 400 feet from the Newport Bay which connects to the Pacific Ocean. The elevation increases dramaticalY at the northern border of the subject site, where a cliff rises to 75 feet above mean sea level. 5.2 REGIONAL GEOLOGY The subject site is located along the shore of the Pacific Ocean and at the base of a 75-foot tall cliff. The soils at the subject site and immediate area can be expected to be sandy. 5.3 HYDROGEOLOGIC SETTING Because this site is so cioseto the Pacific Ocean, groundwater can be expected to be quite shallow. In addition. groundwater quality can be expected to be poor due to Safi water intrusion. The groundwater elevation can also be expected to be greatly influenced by the local tides. Some groundwater elevation information has been provided by a groundwater monitoring report prepared by WA Consulting, Inc. who installed and has performed quarterly monitoring for eight groundwater monitoring wells on site. According to their information, groundwater is present at approximately 7 to 7.5 feet below ground surface. iE 0 n Outlined below are the results from the visual inspection, regulatory agency search, computerized records search, radon review, and suspect asbestos inspections. 6.1 SITE VISUAL INSPECTION OBSERVATIONS A visual inspection of the site was conducted on June 26,1997. tt involved a walk- through of the subject property and the immediate vicinity by, Avital oliveau, an Enviiropro, Inc. representative, to identify possible sources of environmental concern. The site inspection was led by Mr. Joe Goveia, a representative for the buyer. There were a number of environmental concerns noted at the subject site and in the western portion of 3100 PCH, which is not a portion of the property being purchased by Emriropro's client but was part of the former automobile sales and repair shop known as Newport imports. The first item of environmental concern is the groundwater contamination which is apparently present as described in the MJA Consulting, Inc.'s 'Groundwater Monitoring Weil Sampling and Gradient Assessment, Second Quarter 199T report. Apparently, one or more underground tanks on site (which were replaced) leaked. This report describes the latest round of groundwater sampling (from the date of this Phase 1) conducted for the eight mondorfng webs on site. Of these eight wells, only one is located on the subject site. The remaining seven wells are located on the western portion of 3100 PCH. he groundwater underlying the subject site appears to be contaminated with gasoline and BTEX (benzene, toluene, ethylybenzene, and total xylenes). Throughout the years of sampling (2/90-W) concentrations of gasoline have ranged from nondetec ted to 61,000 ppm. The most recent round of groundwater sampling, collected on June 20,1997 shows the following results: 40 40 TABLE 1 Groundwater Anatyttcat Results - June 1997 3100 West PCH - Newport Beach, CA The historical analytical groundwater analyses show that the concentrations of gasoane and BTEX are steadily decreasing through tine. Please note that the underground tanks present today are located on the western portion of 3100 PCH (not a part of the subject site): however. the fuel pump is located on the subject site. The second item of environmental concern noted Mahe are the four double and six abandoned single hydraulic lifts. Please see the Site Plot Plan for their locations Each of these hydraulic lifts contains a small underground tank of hydraulic olis. For the abandoned lifts, it is unknown if es thof lift the Nweft,re decommissioned because of a leak which stopped operation simply because it waWt used. Please note, two of the double Its apparently have aboveground tanks which contain their hydraulic oil. A third item of environmental concern noted on site are the 21 554allon drums located at the northeast corner of the site. The drums were unlabeileed and full. For safety reasons, the drums were not opened to assess their contents. The asphalt underlying this drum storage area was also etchod with circular drum markings, which could indicate historical leaks. A fourth item of environmental concern noted on site are the numerous aboveground tanks and drums of new and used oil and filters. These tanks and drums are located throughout the subject site. Please see the Site Plot Plan for their locations as noted during the site inspection. A fifth item of environmental concern noted on site is the oil staining underlying a small generator near the northeast comer of the site, within a covered shed. It is apparent from the, staining that oil has leaked from this generator onto the underlying asphalt. C1 Another item of environmental concern to the subject site. which is located on the westerly portion of 3100 PCH is the paint booth. The paint booth is located near the western end of the site; please see the Site Plot Plan. Paint spills were noted near the paint booth and painting operation within a paint booth are known to pose a potential risk for solvents and other regulated conpourxts to have affected the underlying soil. There were two pole -mounted transformers observed near the northeast corner of the site, behind the property line. These transfornmers are owned by Southern California Edison, who has indicated in a written notification to Enviropro, Inc. that they no longer have PCB -containing transformers, and that their agency has never specified PCB -containing transformers in the past. Therefore, there is little concern due to PCBs from these transformers. 6.2 RESULTS OF REGULATORY AGENCY CONTACTS A regulatory agency search was conducted for information pertaining to sod end/or groundwater contamination at the property located at 3100 West Pacific Coast Highway in Newport Beach, California. The following is a list of the agencies contacted and responses received: A. Riverside Regional Water Quality Control Board (CRWQCB): Records were found for the subject property according to Arts. Margie Quiroz B. Orange County Health Care Agency: Records were found for the subject property according to the file clerk. C. Newport Beach Fire Department Records were found for the subject property according to Ms. Nadine Meschusky. E. Cafdomia Environmental Protection Agency, Department of Toxic Substances Control (DTSC): No records were found for the subject property according to Ms. Julie Johnson of DTSC. 10 0 L MUM 111 tiW.41L'IT 1 : r. -a� O9 1, = d - A record search was conducted by Enviropro. Inc. through Vista Environmental's (Vista) database service for the subject site and surrounding sites within a one - mile radius. Please note that the statements made below are based on this database search. Enviropro, Inc. has no control over how current these listings are. Therefore. there is a likelihood that they may not represent the entire sum of known or potential hazardous waste or contaminated sites. The accuracy of the Vista report is constrained by the limits of care and professional skill exercised by the subcontractor. The database report can be found in Appendix B. Newport imports is listed several times in the database report as having a leaking underground tank and as being under county oversight for groundwater clean-up. According to the database report, groundwater is contaminated by gasoline on site and further remedial investigation is required. The site is also listed as a large quantity generator of hazardous waste. There are five other sites within a 19 mile radius from the site which are also listed as having a _leaking underground tank. According to the database report, these No sites have received closure or have completed remediation, and are therefore not considered to be an environmental concern to the subject site. The Harbor Club Marina, located at 3333 Pacific Coast Hwy, and Newport Cleaners, located at 106 Tustin, are listed in the database report as conducting a groundwater remedial investigation due to gasoline or other contamination. According the address, these sites are located downgradlent from the subject site and most likely does not pose an environmental concern. The upgradient sites listed in the database report are the Newport Beach City Landfill, the Newport City Corporate Yard, the A and G Garage, and Hughes Aircraft. The landfill is currently closed and was a solid waste disposal faaty. The corporate yard is listed as requiring no further action by DISC. It also had contamination related to a leaking underground tank, but the case has been dosed. These two sites are not considered to pose an environmental concern to the subject site. The garage and Hughes Aircraft are a significant distance from the site as not to pose an environmental concern to the subject site. The database report fats three unmapped sites. No locating information is available in the database report to quantify the sites' locations. These three sites are landfill sites. The aerial photograph review did not reveal a landfill within the immediate area of the subject site. Therefore, it is not expected that these sites will pose an environmental concern to the subject site. 11 6.3 RESULTS OF THE RADON REVIEW Radon is a colorless, odorless, tasteless radioactive gas that is produced as a natural decay product of uranium. Because uranium and radon occur in varying amounts in rock and soils, radon is present in al the air we breathe. Furthermore, due to its radioactivity, numerous studies have shown that at elevated leve►s, there is a link between radon and lung cancer. Concentrations of radon gas are expressed as pico Curies per liter of air (pCill). There were no readings for the subject zip code 92663. Reading for the zip code 92827, approximately 3/4 mile north of the site are <1.0. Readings above 4 pCiA can be a source of concern according to the most recent report by the Department of Health Services "California Statewide Radon Survey Interim Results" published in 1992. 6.4 REVIEW OF SUSPECT ASBESTOS -CONTAINING !MATERIALS Due to the age of the building(s) on the subject site, suspected asbestos - containing materials were sampled. The following Table describes the samples collected and analytical results. TABLE 2 Analytical.Results for Asbestos Sampling 3100 West Pacific Coast Hwy - Newport Beach Sample No. Material Description Sample Location Asbestos Content (X 1 plaster its room wall 0 2 joint compound showroom wall 0 3 hanging ceiling tile showroom office, 2nd F;" 0 4 stucco outside parts office 0 5 brown vinyl floor the 12ndfloor6lfice, 0 6 10x10 ceiling file main show room milirig 0 As noted in the table, none of the suspected materials sampled tested positive for asbestos. Therefore, there appears to -be no concern due to asbestos containing materials on site. The analytical laboratory report from the state -certified laboratory and chain -of - custody are presented in Appendix C. 12 le /. DADONS .10 7.0 �nr, t i 1SIONS aMQ R nMMEN Enviropro, Inc. has performed a Phase I Environmental Site Assessment in minimum conformance with the scope and imitations of ASTM Standards E 1527 for 3100 West pacific Coast Hwy, in Newport Beach, CA. Any exceptions to, or deletions from, this practice are described in Section 9.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property except for the following: Conclusion: There were a number of groundwater monitoring wells located on the westerly portion of 3100 West PCH and one well on the subject site. A report provided by WA Consulting, Inc. indicates that groundwater contamination does exist on site and on the westerly portion of 3100 W PCH. In addition, .the erMronmentat database report indicates that the groundwater on site is affected by gasoline and addition remedial Investigation is necessary. Recommendation: Enviropro, Inc. recommends that the Orange County Health Care Agency files, Water Board files, and Fire Department files be revrewed to fully assess the environmental -investigatory work conducted on site. A summary of the proposed additional remedial investigation and- clean-up measures should be provided to the dwt Conclusion: There are two underground tanks registered on the wes" portion of 3100 West PCH. These tanks will most likely not be used in the future and they do not meet current underground tank regulation requirements. In addition, the fast pump for these tanks is located on the subject she. Recommandatton: Enviropro, Inc. recommends that these tanks and the associated fuel pump be removed. according to regulatory agency-guaiefules. Conclusion: According to the ition provided by Mr. Joseph Goveia, representative for the-bWff, all the structures on site will be removed and Via buildings will be demolished. This will require removing the underground hydraulic Pitts. Recommendation: Enviropro, Inc. recommends that the underground hydraulic I<tts be removed property with proper disposal of the hydraulic oil and property testing at the base of each hydraulic lift. Conclusion: There were several aboveground tanks and 55-gallon drums of new and waste oh and filters. In addition, -there were 21 55-galon dnxna of what is most likely waste materials at the northeast corner of the subject site. In addition, staining and etching were noted under the drums. 13 Recommendation: Enviropro, Inc. recommends that these materials be property removed and disposed from the site prior to demolition. Also a minunum of two soil samples should be collected in this area to assess the, underlying soil for volatile organic compounds and total recoverable petroleum hydrocarbons. Conclusion: One paint booth and evidence of paint spills was located near the west end of the westerly portion of 310o West PCH. Paint booths are commonly associated with solvent affected soli. The evidence of paint spills in the adjacent rosin' indicates poor- housekeeping and adds to the question of subsurface affected sol. Recommendation: Enviropro, Inc. recommends that a minimum of two Goff gas borings be drilled on two sides adjacent to the paint booth to assess the underlying soil for volaffie organic compounds. Conclusion: OR staining vies observed under a generator near the northeast comer of the site. Recommendation: Enviropro. Inc. recommends that one soil sample be collected in the stained area. Soil samples should be collected at 2.5 and 5 feet bgs and analyzed for TRPH by EPA Method 418.1. This .report is limited to the observations possible based on visual inspection and on a records search at government agencies. Only the specific government records listed in Appendix B were searched. Additional government record sources may not have been included in this report, and no representations are made of the record's adequacy. Enviropro, Inc, is not responsible for any incomplete government records. In addition, government agencies do not list all sites of environmental contamination. The iniormation provided in this report is solely for the use of Mr. Joseph Goveia and TLA Incorporated. The information is valid only for the reason for which this report was produced, and for the tone this report was produced, since environmental conditions may change with time. Any reliance on this information by third parties shall be at such parties' sole risk. Enviropro, Inc. liability is limited to the fee received for preparation of this report or $20K, whichever is less. t4 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3612, Traffic Study No. 112 and the acceptance of the Environmental Document A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings: Findings: That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial -Study has been conducted, and considering the record as a whole there is no evidence before this agehcy that the proposed project will have the potential for an adverse ; effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Mitigation Measures: f- H l . That erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading Code (NBNIC Section 15.04.140or applicable sections). 2. Prior to the issuance of a building permit, the applicant shall provide written certification by the Orange County Health Department, acceptable to the City's Building Department, signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. 3. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstratcto the Planning Department that the exterior lighting system has been designed in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirementhas been met. That prior to issuance of the certificate of occupancy or final of building permits. the applicant shall schedule an evening inspection by the Code I:nforccment Division to confinn conuol of light and glare specified by this condition of approval. Usc Permit No. 3612 and TraTr Study No. 112 Page r B. USE PERMIT NO. 3612 Findings: 1. That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses and a drive -through restaurant is a permitted use within this designation. 2. That the proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. That the proposal includes no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the purpose or intent of the restaurant development standards related to site requirements, off-street parking, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: The required number of off-street parking cannot be accommodated on -site and the request to utilize credit for vehicle stacking in the drive -through -lanes (20 spaces) to satisfy a portion of the parking requirement is reasonable based on the operational characteristics of the proposed facility, i.e., drive -through only with no walk-up or on -site dining. Adequate employee parking will be provided on -site. Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from Avon Street at the rear. w The increased landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscapingat the front and rear of the property behind the building will not enhance the streetscape views. The provision of the required landscaping at the rear between the parking and the right-of-way would adversely affect the access to the proposed on -site parking $. The approval of Use Permit No. 3612 to allow the establishment of the drive -through restaurant facility will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize lighting and noise impacts. The provision of ennplo}ce parking gill adequately serve the proposed use since there is no patron parking demand generated by the use because there is no walk-. up use or patron dining on -site. Use Permit No. 3612 and Traffic Study No 112 Pag,e,it �l The issues related to access and site circulation have been adequately addressed by limiting the project to right -out egress only and conditions of approval to prevent vehicle back-ups onto Coast Highway. That the limited hours of operation and prohibition of menu board speakers should limit potential noise impact on the neighboring residential uses. No significant adverse traffic or circulation impacts are anticipated from the proposed project as determined by the project analysis in Traffic Study No. 112. The approval of Use Permit No. 3612 to allow the additional area of increased height of the elevator shaft and the mechanical equipment screen will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons and complies with the findings specified by Section 20.42.050I-2 of the NBMC: • The additional area of increased height will result in more public visual open space and views than is required by the basic height limit zone since the proposed building provides greater front, side and rear yard setbacks than required by the Municipal Code and the height of 'the screen is 2 feet lower than permitted by Ordinance. Particular attention has been given to the location of the structure on the lot, the percentage of ground cover (0.08 FAR), and the treatment of all setback and open areas. • The additional area of increased height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the 26/32 Height Limitation District since the mechanical equipment will be adequately screened from view and the height has been minimized to the greatest extent possible. y' • The additional area of increased height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces since the Sterling Motors Building to the east of the project is currently taller than the proposed structure (35 feet). Additionally, the total bulk of the proposed structure including both horizontal and vertical dimensions has been taken into consideration (since the proposed structure provides greater front, side and'rear yard setbacks than required by the Municipal Code). • The structure shall have no more floor area than could have been achieved without the use permit. • The limited area allowed for such elevator shafts and mechanical equipment screen areas cannot adequately accommodate screening of then mechanical equipment of the proposed project. The approval of the modification to the Zoning Code to allow the architectural facade element (steel truss) in excess of the permitted height will not be detrimental to persons, property or improvements in the neighborhood and that the modificationas approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: Use Pcrmit No 3612 and Trafric Study No. 112 Page The additional one foot in height is minor in nature and the mid -span height of the truss element generally conforms to the 26 foot Height Limitation Zone requirement. The proposed architectural element will not affect the flow of air or light to or views from adjoining residential properties since the residential uses located to the rear of the subject property are located on a bluff overlooking the project. Condoms. I. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That, prior to the submittal of plans for building plan check, the applicant shall submit the roposed colors and materials to the site plan, elevations, landscaping and sign plans, and p Planting Department for review by the City's Mariner's Mile design consulting team. The applicant shall consider the comments and recommendations of the team in preparing final plans. 3. That the hours of operation of the drive -through restaurant facility shall be limited to daily. Any increase in the hours of operation shall be between 6:00 a.m. to 11:00 p.m., i; subject to the approval of an amendmentto this use permit: > he facility shall be between the 4 10.00 p.m.rand 8 00 a.m., daily, unless totherwise approved byanadhours That mendm nt toth ss use permit. 5. That no on -sale or off -sale alcoholic beverage service shall be permitted on the premises. y 6. That the operator of the restaurant facility shall be responsible for the 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. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of 65 dBA 60 dBA commercially zoned property: Measured at the property line of 60 dBA 50 dBA residentially zoned property: 7. That the use of outside paging system or loudspeaker system (including in conjunction with menu boards or patron ordering) shall be prohibited in conjunction with this food service establishntent,unless an amendment to the use permit is first approved. 8. That the approval is for the establishment of a drive -through restaurant facility as defined by Title 20 of the \1dunicipal Code, with the principal purpose for the sale or service of food Use Permit No 3611 and Traffic Stud No. 112 ,�'b STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page: 1 of 3 2000ceangate,_Suite1000 Date: February 26, 1998 Long Beach, CA 90802.4302 Y (562) 590.5071 Permit No: 5-97-398 On 3 February 1998, the California Coastal Commission granted to TLA Incorporated Coastal Development Permit 5-97-398, subject to the attached Standard and Special Conditions, for development consisting of: demolition of an automobile showroom and related facilities and construction of a 1,553 square foot, 32 foot high, drive -through -only restaurant (two -stories consisting primarily of a single -level elevated one story above ground) with a 300 square foot storage building and nine parking spaces located at the rear of the property, 1,612 cubic yards of grading, and paving of Avon Street. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 3100 West Coast Highway, Newport Beach. Issued on behalf of the California Coastal Commission on February 26, 1998. PETER DOUGLAS Executive Director By: Title: oastal Program A aly. The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance ... of any permit ..." applies to the issuance of this permit. • IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a). Date Signature of Permittee Please sign and return one copy of this form to the Commission office at the above address. • •: Page 2 of 3 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation,. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections, The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. �.'I1fi�li��Z�ja • • u - . PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the owner of the property shall execute and record both a deed and lease restriction, in a form and content acceptable to the Executive Director, stating that the subject permit is only for: 1) the development as described and conditioned herein - namely, a drive -through only restaurant with nine on -site parking spaces (including one handicapped space); and 2) any future improvements f7A' R �'►l'III ill • •: Page 3 of c to the building, including but not limited to revisions of on -site parking, the addition of walk-up window service, or sit-down dining area, or other change in intensity of use, will require a permit amendment from the Coastal Commission or a new permit. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens, except for the existing lien of the Ford Motor Credit Corporation, that the Executive Director determines may affect the enforceability of the restriction. This deed and lease restriction shall not be removed or changed without a Coastal Commission -approved amendment to this coastaldevelopment permit unless the Executive Director determines that no amendment is required. JTA:bII 97398per.doc. c:\msoffice\winword\template\permit.dot Printed on February 26, 1998 North Repair Bay t �' Paint B 1 -W Wheel Alignment Machines , 11 >A 55-gallon drums 413� �- East Repair 4(0)i Bay West Repair + Bay 'aF 0MW Fuel Pump r MN I Underground (� W 0 MW Tanks �1 I 9W , 0 MW MW 0 U Pacific Coast Highway LeQend Drawing Not To Scale MW Monitoring Well mom Hydraulic Litt 0 Abandoned Hydraulic Lift o Aboveground Lift [] Aboveground New Oil Tank 0 55-gallon drum of waste Enviropro, Inc. Site Plot Plan Drawtn 2 9765 Eton Avenue ZfliantName: Chatsworth, CA 91311 Goveia & Associates/TLA Inc. Dale: of o. pro Site Address: July 1997 E0838001 A.O. 3100 W. PCH, Newport Beach, CA l6 0iregmS1qn4DSpoft ,l 7)i,:.ivaf 71.miC FAX TO: Mr. Jay Garcia COMPANY: City of Newport Beach PHONE: (714) 644 3200 FROM: Dan Osterman DATE: 03/06198 FAX: (714) 644 3250 TIME: 10:46 AM PAGES: 3 Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Did you get a complete, clear transmission? If not, please call (503) 653-1133 Attached is an elevation drawing and sign design. I have calculated the elevation withoutthe truss feature. I came to 26' x 87 = 2262'sq. The overall dimensions of the signwill be 11 x 10 or 110'sq. This will consume less than 5% of the wall area. Please call if you have any questions on this. you for & Prgject Coordinator. Privileged and confidential information: The information contained in this message is privileged, confidential, or otherwise exartptfrom disclosure and is intended sulely for the use of the individuals named above. If you are not the intended recipient you are hereby advised that any dissemination, distribution, or copying of this communication is prohibited. Ifyou have received this 19caimilc in error, please notify the sender immediately by telephone and return the original facsimile to the sender by US Wl for which your expense will be reimburse& Thankyou. Partial Elevation Scale. 1I8" = 1'-0" m5ma A{UNIIIUAI •']mNG TORR' (.13s) ROWED FOR Fu!M nimumsts )'THICRCUT OW CUAIIACRYUC LETTERS YII5HED7HRU ROWED'WIL V TMNG WTLWI AROUND EWIRE WU .6500 S)KIWW nAXAN RRWHEUAWMNUM•fcO CURYIO TO WLSAU CDIRWR80FPClUR1UiIN5R.'WINGS' CURYEDSOPoLLOW NRWTURE OI RUIW IN6. E I!I' PESUPNs AISIUND fARRKAifDSNnDE. A 1"THKR(0'•)NTOW CIEARnCen9CLIRENS RUSHEDiHRU RDW{0 ^KINGS' IEiiERS&AOGtIGWEO WRIIE W OREX(M IANRSENCLO1E011l METAL CPHIHR REH}IDRANNIR ILTTENSE-0CEO INEN 1l0•]SSUNNIYNERTUNXUSIEtrt NIMDIAy E]3 vEI1tA'f) OPTION ^A' SIGN CURVED TO FOLLOW SUILD(NG CONTOUR Auto Bistro CregmSign ts �Sj.OA1111)ll Nf MPUACH A DJuition Of MbsM r"Mia991191 31C0 DWEK CDtIN NGM9AY Jh9(gn Number. 0SSEI4E98 D.Ip : R11rM CadiiA Sheen 1 of 3 s r pnen R 7nAo Rk Nama GS504E98T4r Rues ].)5.98 Heeevd:).).98 /yfel: i[ale •••� � 119nIWnwllFlvl .JHAa9,9N1 u.. NNLgMnYa� xt.�nK 1-4, APPLICATION , h ROVAL IN CONCEPT" CITY OF NEWPOR ACH Fi 9.� v APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and 13211. Property Address: General Description of Proposed Development:�t� Applicant:—rL A'XYVCoe.oeG4-E:N• Applicant's Mailing Address: y+/ a l n`e'1' Q n 1 A —/ 2C 10 `-S Applicant's Telephone Number:�aDt� DO NOT COMPLETE APPLICATION BELOW THIS LINE The I have reviewed the plans for the foregoing development including: I. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find • They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or That a 1.45t,, r ✓ in r tf s 11"" has been approved and is final A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written\ porn site plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project locatdd thereon, this approval in concept shall become null and void as of the effeptive date of this said ordinance. In accordance with the California Environmental Quality Act,of 1970, and state and local guidelidt;s adopted thereunder, this development: XHas received a final Exemption Declaration or final Negative Declaration (copy attached). Has been determined to be ministerial or categorically exempt. • Has received a final Environmental Impact Report (copy Attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: 0In 12 PLANNING DEPARTMENT Attachments: PATRICIA TEMPLE, Director �r;3 rrl itn,��,Prlv;i. 5)l,•/1 Ii4 r,io�,^y r /. /' 1yam' c {'tJ/� 7- By G/1-i ( v K !r/Ll_o ( r✓r v., v�G NOTE: No building permF440issued until approval is received from C.C.C. Nqi 376- i 10-o DEC 011997 g%&& NEWPORT BEACH F:\PLANNINQUSE S\APRLCONP.DOC 6 y E`, rynR CITY OF NEWPCO BEACH J COMMUNITY AND ECONOMIC DEVELOPMENT ` Q PLANNING DEPARTMENT NEWPORT BOULEVARD NEwPowr BEACH, CA 92658 (7t.0 ^.p,-Sioo, FAX (714) 044-3250 PROJECT: PURPOSE OF APPLICATION: ACTION: LEGAL DESCRIPTION: ZONE: OWNER: Hearing IW Agenda Item Na.: Staff Person: November 10, 1 Patricia L. Temple 644-3200 REPORT TO THE MAYOR AND CITY COUNCIL ,,D -1 % TLA Restaurant (Jonathan Rodriquez-Atkatz,applicarit) 3100 West Coast Highway The project involves the approval of a use permit, a traffic study and a negative declaration, to allow the construction of a 1,500 square foot, two-story drive - through restaurant facility with a 300 sq.ft. storage building and related off-street parking. The applications include the following requests: waive a portion of the required off-street parking. allow an elevator shaft parapet wall and mechanical equipment screen to exceed the maximum area of 25 square feet permitted by the Municipal Code. a modification to the Zoning Code to allow an architectural feature (steel frame facade element, 32 feet high at its peak) to exceed the permitted 31 foot maximum peak height limitation. waiver of development standards specified by Section 20.82.040 of the Newport Beach Municipal Code. Sustain the action of the Planning Commission and deny the applications; or Approve or modify • Use Permit No. 3612, Traffic Study No.112 and • the acceptance of an environmental docwnent Portion of Lot F of Tract 919 SP-5 (Mariners Mile Specific Plan Area, Retail and Service Commercial) Robins Properties, Costa Mesa Backl!round The Planning Commission considered these applications at its meeting oil October 9". During the course of that hearing several issue areas were identified for which the Planning Commission felt it needed additional information. In order to provide time to develop this information, the Planning Commission expressed an interest in continuing the public hearing. However, the applicant indicated to the Planning Commission that a continuance was not acceptable, and requested an action. The Commission voted unanimously to deny the project because some commissioners did not feel there was sufficient information to make the findings required to approve the applications, Some commissioners felt that the location is not appropriate for the proposed use. The areas of concern expressed by the Planning Commission were: • the level of detail provided on the plans to understand the design and aesthetics of the structure, • the adequacy of the proposed access, • the adequacy of vehicle stacking space on site, • the appropriateness of separating a consolidated parcel of land, and • the consistency of the proposal with the recommendations of the Mariner's Mile Business and Citizens Advisory Committee. This report will provide to the City Council additional information regarding these issues. A copy of the staff report submitted to the Planning Commission is also attached, which describes the other issues related to the requests. Discussion Plans and Illustrations The submittal package includes a standard set of site plan, floor plans, and elevations for the project. However, due to the unusual nature of the project and its design, these plans are difficult to interpret and, therefore, it is difficult to understand exactly what the project will look like. The appearance of the proposed structure is especially important in this case, because one of the findings required to approve exceeding the height limit is that the increased height will result in a more desirable architectural treatment of the building. As a result of some initial concerns in this regard raised by some of the Planning Commissioners, staff requested that the applicant prepare a more illustrative elevation or rendering which would better show the proposed project. While the applicant did bring a colored rendering to the Planning Commission meeting, it did not provide a significant amount of new information on the aesthetics of the project. Given the complexity of the site layout and unusual architectural features, the Planning Commission felt that a scale model of the project would be necessary to adequately understand the proposal. While the applicant indicated that a model had been constructed, it was not brought to the hearing. Staff has called the applicant's representative, and will ask that the scale model be available for the City Council at its public hearing, as well as any additional information which could assist the Council's understanding of the project'sdesign. Use Permit No. 3612 and Traatc Study No.112 Page 2 0 Auequacy of Access The project access has been designed with a single access point for patrons. This access will provide right turn access both entering and exiting the project, as well an available left turn entering the project from eastbound Coast Highway. A left turn exiting the project to eastbound Coast Highway is prohibited, as included in the suggested Conditions of 'Approval. The Planning Commission expressed concerns regarding the arrangement, specifically: the safety of the left turn movement entering the property, the ability to prevent patrons from attempting a left turn exiting the property, and the potential routes to return to eastbound Coast Highway (either through the Newport Heights neighborhood or via U-turns at the Balboa Coves signal on West Coast Highway). Although the Public Works Department believes that the access arrangement is adequate, staff of both the Public Works and Planning Departments acknowledge that the traffic in the vicinity of the project site is busy, and there are many competing movements as people enter and exit various commercial properties as well as making lane changes to transition to the various ramps associated with the Arches Interchange with Newport Boulevard. This makes access for any use on this site difficult, although the more intense drive - though restaurant use may be more problematic in this location than other permitted uses. Vehicle Stacking The traffic study assumed that customers arriving at the site would review menu boards before making their selections. Information presented at the Planning Commission hearing was that customers would be handed menus by restaurant personnel. Questions were raised regarding the traffic study assumption that it would take eight minutes for a customer to make a selection, place the order and receive the food, and whether there is adequate stacking space to prevent vehicles from extending into the public right-of-way. The issue of adequate vehicle stacking area was analyzed by the City's consulting traffic engineer as part of the traffic study (see handwritten page 81). Based upon the 34 vehicles per hour arriving at the site at peak times and the 8:00 minutes maximum turnover, the traffic engineer calculated that a maximum of 16 customer vehicles would be on -site at any time. Since the site plan showed a total queuing area available for 30 vehicles, vehicle storage was considered adequate. Separation of Consolidated Parcel The proposed project occupies the easterly one-half of the Robins Properties holding, which is a single parcel with a 200 foot frontage on Coast Highway. The property currently has a single access on to Coast Highway. One of the concerns of the Planning Commission was the creation, through the process of approving two separate projects on the site, of a requirement to add an additional curb cut on West Coast Highway. This concern was complicated by a previous review of the curb cut situation by the Public Works Department, where the leasing agent for the property showed an assessor's map indicating two parcels. On the basis of that map, the Public Works Department sent a letter indicating that two curb cuts for the property would be allowed. However, the assessor's map included in the application package showed no separation of the site into two parcels. Use Permit No. 3612 and Traffic Study No 112 Page 3 Given the concerns regarding additional curb cuts on Coast Highway, and the recommendation of tht Mariner's Mile Business and Citizens Advisory Committee to consolidate properties in this area whenever possible, staff was asked to validate the presence or absence of two parcels. Since the original determination by the Public Works Department was based upon information provided by the property owner's representative, he was requested to provide any information he may have to substantiate the existence of two parcels or building sites. Additionally, staff in the Subdivision Office of the Public Works Department was directed to research all information the City may have In regards to this issue. Information provided by the owner's representative (attached), shows a history of the parcel's ownership. In 1949, Theodore Robins, Sr. purchased the easterly 100 feet of the property in question. The westerly 100 feet remained in a separate ownership. During the time of separate ownership, under the Subdivision Map Act in effect both at that time and today, each would be considered a separate parcel or building site. However, in 1955, Mr. Robins acquired the westerly 100 feet and subsequently constructed an automobile dealership on the entire site. It is the contention of the property owner's representative that, because there were separate deeds of transferal, that the parcel separation created by the separate ownership in effect from 1949 to 1955 is still in effect. To further substantiate this claim, older versions of the assessors parcel map and City atlas showing a separation have been submitted. It should be noted, however, that no subdivision map to actually create two parcels was ever filed, approved or recorded. The additional research of Public Works Department staff has revealed additional grant deed records which are contrary to the owner's argument. In 1977, Theodore Robins, Jr,, Mae Robins, and Mary Robins executed an Individual Grant Deed (attached) to grant the entire 200 foot wide parcel, described as a single site, to Robins Properties, a California limited partnership. Additionally, the current assessor's parcel map and City atlas shows the site as a single parcel. On this basis, it is the position of staff that the 200 foot parcel owned by Robins Properties is a single site. Therefore, the question must then be answered as to whether the property would, if this project were approved as submitted, have a right to more than one access on Coast Highway. In discussing this issue with the City Attorney's office, staff considered the following facts: 1. The project under consideration, which would'utilize the easterly 100 feet of the parcel, requires the approval of a Use Permit by the City. This is a discretionarypermit which may be approved or denied. 2. The proposed project, as currently designed, could not allow for shared use of the driveway by the adjoining area. The provision of adequate access to individual properties has been the subject of a substantial number of legal decisions. As a result, the Attorney's Office has considered the position the City could find itself in if the project were approved as currently designed. Since the project, as well as significant aspects of its design, are within the jurisdiction of the City to modify or deny, the City would be vulnerable to a claim of taking if it subsequently acted to deny a second access to the remainder portion of the site. Therefore, if the City Council wishes to maintain a single access point on Coast Highway for the entire 200 foot parcel, the project should either be denied, or required to be redesigned in such a way as to allow for shared access with the remainder of the site. Use Permit No 3612 and Traffic Study No 112 Page 4 Project Consistency with Mariner's Mile Committee Recommendations At the time the applicant first approached the City to discuss the proposed project, the Mariner's Mile Business and Citizens Advisory Committee had not yet formed its recommendations regarding the design and development issues in the area. As a result, the project has undergone substantial staff review and recommendations for modifications absent the design guidance produced by the Committee. It is, therefore, fair to recognize that the applicant has proceeded with his project design in good faith that the advice he was receiving reflected current City standards. It is, however, important to also note that, while the staff did find the project concept interesting and worthy of consideration, at no time was it conveyed that satisfaction of technical issues raised by the staff would automatically result in favorable considerationby the Planning Commission or City Council. In fact, staff did raise issues regarding the proposed location in terms of access constraints and proximity to the Arches Interchange. The most significant area in which this proposal is not consistent with the Committee's recommendations is lot consolidation, which has been discussed above as a long-standing City goal. The Committee also made recommendations to help future development in the area follow a consistent design and development framework. In keeping with those recommendations, one of the suggested Conditions of Approval is for the plans for the project to be reviewed'by the City's Mariner's Mile consultant team, and their comments considered by the applicant, before building permits are issued. Conclusion The decision before the City Council is whether to sustain the Planning Commission's action and deny the applications, to approve as submitted with the suggested Conditions of Approval, or to request modifications to the project. Should the City Council wish to approve Use Permit No. 3612, Traffic Study No. 112 and accept the environmental document, the actions, findings and conditions of approval set forth in Exhibit "A" attached to the Planning Commission staff report are suggested. However, should the Council desire to deny this request, the findings set forth in Exhibit "B" are suggested. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: Prepared by: PATRICIA L. TEMPLE Planning Director 1. Planning Commission Staff Report 2. Excerpt from Planning Commission minutes 3. Applicant'sAppeahletter 4. Memo from Wesley N. Taylor, owner's representative 5. Current Assessor's map and 1978 Grant Deed 6. Plans and Elevations Use Permit No. 3612 and Traffic Study No. 112 Page 5 taro CITY OF NE�RT BEACH Hear Daie:-�_ �Ctober'9, 1997 COSIMUNITY AND ECONOMIC DEVELON>ICNT Agenda Item No.: 1 L' PLANNING DEPARTMENT Staff Person: Javier S. Gvcia J + 11w NEWPORT BOULEVARD 644-3206 NEWPORT BEACH. CA 91656 Appeal Period: 14 days (714) 644•5100; FAX (N) 644-3150 REPORT TO THE PLANNING COMMISSION PROJECT: TLA Restaurant (Jonathan Rod riquez-Atka tz, applicant) 3100 West Coast Highway PURPOSE OF APPLICATION: The project involves the approval of a use permit, a traffic study and a negative declaration, to allow the construction of a 1,500 square foot, two- story drive -through restaurant facility with a 300 sq.ft. storage building and related off-street parking. The applications include the following requests: • waive a portion of the required off-street parking. • allow an elevator shaft parapet wall and mechanical equipment screen to exceed the maximum area of 25 square feet permitted by the Municipal Code. • a modification to the Zoning Code to allow an architectural feature (steel frame facade element, 32 feet high at its peak) to exceed the permitted31 foot maximum peak height limitation. • waiver of development standards specified by Section 20.82.040 of the Newport Beach Municipal Code, ACTION: Approve, modify or deny: Use Permit No. 3612, Traffic Study IV& 112 and the acceptance of an en viro nmental docwnent LEGAL DESCRIPTION: Portionof Lot F of Tract 919 ZONE: SP-5 (Mariners Mile Specific Plan Area, Retail and Service Commercial) OWNER: Robins Properties, Costa Mesa I r 1 t • •. VICINITY MAP w ... ......_ 0'. <jb Use Permit No. 3612 and Traffic Study No. 1121 ' Subiect Propert and Surround in R Land Uses Current Development: The subject property is occupied by several vacant structures formerly occupied by an automobile sales facility. The project facility will occupy the easterly 100 feet of the property and only the buildings on the project site of the property will be demolished. To the north across Avon Street, are,residentialuses. To the east: is the Sterling Motors BMW Automobile Dealership.- To the south: across West Coast Highway, is the Tower residential Condominium Complex, the Villa Nova Restaurant and other commercial uses. To the west: is a commercial office building and restaurant. Use Permit No 3612 and Traffic Stud} No. 112 ft Pape . Points and Authority • Environmental Compliance (Cal ifornia Environmental Quality Act) A Negative Declarationhas been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents, The Negative Declaration is not to, be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are attached to this report and are also available for public review and inspection at the Planning Department. • Conformance with the General Plan, Local Coastal program and Municipal Code The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail Service Commercial' uses. A restaurant is a permitted use within this designation. The Land Use Element and Municipal Code allocate a maximum square footage based on 0.3 PAR for restaurant uses. The total gross floor area of the restaurant is approximately 1,800 sq.R. with a resultant FAR of 0.08. The project is therefore consistent with the FAR Guidelines of the General Plan and the Municipal Code. This facility is located in the Coastal Zone. Since the project involves the demolition of existing structures and the construction of a new structure, Coastal Commission approval will be required prior to issuance of any demolition, grading or building permits and implementation of this use permit. In accordance with Chapters 20.82 and 15.40 of the Newport Beach Municipal Code the approvals of a use permit and a traffic study are required for the constriction of the proposed drive-throughrestaurant use. In accordance with the provisions of Chapter 20.65 of the Municipal Code, a use permit is required to permit elevator shafts and mechanical equipment screens to exceed the maximum area allowed of 25 square feet and the approval of a modification permit is required to permit architectural features in excess of the permitted height limit. • Use Permit and Modification procedures are set forth in Chapters 20.91 and 20.93 of the Municipal Code, respectively. Use Permit No.3612 and Trefre Study No. 112 Page$' , Proieet Characteristics PROPOSED PERMITTED/REQUIRED Site Area: 21,823 sq.ft. Height: Building: 26 feet 26 feet midpoint or to the top of parapet wall; 31 feet to the peak of a sloped roof. Elevator Shaft (Parapet Wall): 28 feet 6 inches 31feet Mechanical Equipment Screen: 29 feet 0 inches 31feet Hours: Applicant's Proposal and Staff s Recommendation: 6:00 a.m. to 11:00 p.m., daily Gross Bldg Area (FAR) Restaurant: 1,500 sq.ft. Storage Bldg: TOTAL: 300 sq.ft. (.OS FAR) 6,547 sq.ft. (0.30 FAR) 1,800 sq.ft. Setbacks: Front (Coast Highway): 35 feet to building 50%at 5 feet and 50%at 5 feet and 50%at 10 feet is maintained by 50%at 10 feet; plus an additional the drive -through lanes in addition to the 12 feet 12 feet for future dedication is for future dedication also required Easterly Side Property Line: 28 ft. to the building; zero 2 feet to the steel truss element Westerly Side of Project Site: 5 ft. 3 in. to the building; zero 26 ft. to the steel frame element Rear (Avon Street): zero to parking spaces; zero 1 foot to trash screen and storage building; 40 feet to steel truss element; 108 ft. to building. Number of Employees: 7 employees Parkin r@ One space for each 50sq.ft.ofgross tloorarea: 0 spaces 36 spaces plus one per employee based on peak employment: 7 spaces 7 spaces Extra Space: 1 space 0 spaces Credit for vehicle stacking in the not addressed drive -through lanes: 20 spaces 28 spaces 43 spaces TOTAL: Staff Recommendation: 8 on -site parking spaces, waiver of 15 spaces and allow for the credit of 20 parking spaces in the vehicle stacking lanes to satisfy a portion of the parting requirement. Usc Permit No. 3612 and Traffic Study No. 112 `� Page 6 Analysis The subject property is occupied by several buildings which are currently vacant and were formerly occupied by an automobile sales facility. The proposed project will occupy the easterly 100 feet of the subject property which will be established by a long term lease agreement between the owner and the restaurant developer. The existing structures on the project site will be demolished and the balance of the buildings on the property will remain. The proposed structure will be two-story, with drive -through lanes which will pass under the structure. The ground floor of the main structure will be occupied by an exterior stairway, an elevator and storage room. The cooking facilities and related storage will be located on the second floor. Patron ordering will be accomplished by direct contact with employees who will be located at the ground level under a fabric sunscreen. The patrons will then proceed to the pick-up window under the main building. The project also incorporates the following operational characteristics: • no walk-up or on -site dining • no alcoholic beverage sales (on -sale or off -sale) or consumption is proposed • high turn -over drive -through service only, resulting in no patron parking demand In the review of this application staff has analyzed issues related to parking, site access, hours of operation, noise and menu boards. The area of increased height of the elevator shaft and the mechanical equipment screen, the increased height of an architectural feature and restaurant development standards were also analyzed. Off -Street Parking Requirement Off-street parking requirements for eating and drinking establishments are governed by the provisions of Section 20.66.070 of the Zoning Code. That section establishes the off-street parking for take-out and drive-in restaurants based on a requirement of one space for each 50 square feet of gross floor area plus one space for each employee based on peak employment. If this parking standard is adopted by the Planning Commission, the restaurant parking requirement will be 43 spaces. The subject facility differs from the traditional take-out restaurant facility by its unique concept which does not provide any patron walk-up window or Counter and does not provide any patron seating or dining areas. Therefore, there is no need for on -site patron parking. It is the applicant's intent to utilize the on -site spaces for employee parking, to request credit for vehicle stacking in the drive -through lanes (20 spaces) to satisfy a portion of the parking requirement, and to request a waiver of the balance of the Code required parking (15 spaces) which cannot be provided on - site. Staff is of the opinion that the provision of employee parking will adequately serve the proposed use since there is no patron parking demand generated by the use because there is no patron dining on -site. Therefore, the waiver of 15 of the 43 Code required parking spaces is justifiable in this case. Use Permit No, 3612 and Traffic Stud) No. 112 Page 1-0 n Access and Site Circulation The project provides one access driveway from Coast Highway as the only means of ingress and egress of the property. Since there is only one access, the Public Works Department has recommended that the facility be limited to right -out only egress to prevent the conflict between the exiting vehicles and the left turning traffic entering the subject property from eastbound West Coast Highway. Conflicting moves at the egress could adversely impact site circulation by causing back-ups in the drive -through lanes on -site and out onto Coast Highway. The Public Works Department in its initial review of the ,project recommended that a vehicular access connection between West Coast Highway and Avon Street b0 provided to accommodate exiting vehicles that wish to travel to the east of the subject property, since a left -turn movement onto West Coast Highway has been prohibited. The Public Works Departmentis still of the opinion that such a requirement would be in the best interest of the project and the City. However, the operational logistics of utilizing such an access would require the patron to make a complete loop around the building and traverse the drive -through lanes to reach the Avon Street access. The applicant has argued and staff has agreed that utilization of such an access would create an on -site circulation problem. However, the Public Works Department also w•ishes.to make clear its position to continue to oppose the introduction of any future left -turn movement exiting onto West Coast Highway. The Public Works Department has indicated that the proposed on -site stacking' in the drive - through lanes is adequate to accommodate the proposed operation. Staff believes that the number of drive -through lanes as proposed (two ordering lanes and three pick-up lanes) will minimize the incidence of back-ups onto Coast Highway. However, it is anticipated that during peak demand periods (lunch and possibly dinner time) there is the potential that the vehicle stacking could extend into the right-of-way and adversely affect traffic circulation on Coast Highway and the subject property. Therefore, the Public Works Department has recommended a condition of approval which requires that the applicant's representatives on -site to monitor the stacking of vehicles in the drive -through lanes to prevent back-ups into the Coast Highway right-of-way. Further, should back-ups occur, the conditions of approval require that the stop point of the drive -through lanes shall be relocated toward the pick-up lanes or the applicant's representatives on -site shall direct incoming customers to bypass the drive -up facility (or a combinationof both). Hours of Operation and Noise from the Restaurant Facility The restaurant facility will provide breakfast, lunch and dinner service with proposed hours of operation of 6:00 a.m. to 11:00 p.m., daily. Given these hours, noise associated with the order taking process could disturb residential uses located across Avon Street which overlook the site. Therefore, staff has included conditions of approval requiring compliance with the provisions of the Community Noise Ordinance. Additionally, consistent with operational procedures as proposed by the applicant, staff has recommended a condition of approval that the use of speaker boxes be prohibited. This should prevent any additional potential noise problems which could arise from the installation of a speaker system. Should the applicant wish to add such ordering speaker boxes in the future, an amendment to the use permit will be required. With these conditions, staff has no objection to the proposed hours of operation. Use Pcrmit No. 3612 and Traffic Study No. 112 Page `l Signs -Menu Boards The site plan included in the traffic study shows menu boards abutting the drive -through lanes. However, the plans submitted with the use permit application do not show any menu boards. The applicant has indicated that menu boards will not be utilized in conjunction with the proposed project, but that the patrons will be handed a menu by the employee taking orders. The applicant has also indicated that project identification signs will conform to the provisions of the Municipal Code. It should be noted that the site is allowed one freestanding sign and that if any menu boards are requested as freestanding structures in the future, a modification to the Zoning Code will be required. Additionally, the applicant foresees the use of small on -site directional signs to aid in traffic eirc'ulation which the Municipal Code allows by right. Use Permit Request for Increased Height Height Comparison PROPOSED PERMITTED/REQUIRED Building: 26 feet to the top of the building. 26 feet to the midpoint ofa-pitched roof or to the top of a parapetwall; 31 feet to the peak of a sloped roof. hcieht area height area Elevator Shaft (Parapet Wall) 28 ft 6 in. 105 sq.ft. 26 feet in height. Mechanical Equipment Screen: 29 ft. 0 in. 260 sq.ft' 26 feet in height. Total: 365 sq.ft. 25 square feet (area exceeds amountpermitted by exception) Architectural Features: 32 ft. at the high point, the structure is a 31 feet maximum height (26 feet plus sloping structure with a midpoint of 26 anallowanceforan additional5 feet) feet. The provisions of 20.65.070 B allow elevator shafts and screened mechanical equipment up to 5 feet in excess of the permitted height and limited to a maximum area totaling no more than 25 sq.R. As shown in the above chart, the elevator shaft (parapet wall) and mechanical equipment screen exceed the area to qualify for this exception. Therefore, the approval of a use permit is required. In accordance with the provisions of Section 20.42.050 I-2 (RSC area of the Cannery Village/McFadden Square Specific Plan Area District), the Planning Commission, in granting any '- The plans show a dimension of 28 feet long and the applicant has indicated in his letter of justification that the dimension has been reduced to 20 feet which results in a reduction in the area to 260 sq.ft.. Use Pcnnit No 3612 and TrafficStudy No. 112 Page.-r Ni 0 use permit for structures in excess of the basic height limit, shall find that each of the following four points have been complied with: I. The increased building height would result in more public visual open space and views than would result front compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas. 2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area, within a general theme of the marine environment. 3. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. d. The increased height shall in no case result in a floor area exceeding the floor area permitted by Chapter 20.63 and this chapter. The applicant has provided the attached letter which provides his rationale and justification for the increased elevator shaft (parapet wall) and mechanical equipment screen area. In summary, he indicates that the proposed heights are a result of the required site grading to achieve positive drainage and the height necessary to achieve minimum vertical clearance for vehicles to pass under the second floor in the drive through lanes; and that the heights have been minimized to the greatest extent possible. Additionally, in order to adequately screen the mechanical equipment from the public street and the neighboring residential properties the height of the screening must be 29 feet and the area must exceed the allowable 25 sq.ft. The Code allows for a maximum area totaling no more than 25 square feet for elevator shaft, enclosed stairwells and screened mechanical equipment. This limitation cannot accomplish the screening of more than one such element on a building or the equipment on the proposed building. In this particular case for example, two chilling units and the elevator shaft are proposed on the roof and in order to efficiently and effectively screen them from sight would require separate screen enclosures or a large screen enclosure which exceeds the 25 square feet limitation (as proposed). The mechanical equipment has been placed as close together as possible and minimum adequate screening has been provided (at 3 feet high, where the Code allows 5 foot high). Staff is of the opinion that the above required findings can be made for the additional area of increased height in this case for the following reasons: 1. The Code allows the construction and placement of a building 26 feet high at the front setback line (50% at 5 feet and 50% at 10 feet from the ultimate right-of- way line of the future dedication) which would be more obtrusive than the proposed building which is setback 35 feet. The additional area of increased height will not result in a reduction of public visual open space and views than the Use Permit No. 3612 and Traffic Study No. 112 Pa _ pe �3 basic height limit since the proposed building provides greater front, side and rear yard setbacks than required by the Municipal Code. The proposed structure is oriented at an angle; is located in the middle of the property; and has a smaller footprint which result in reduced mass and bulk as viewed from Coast Highway. This also adds to the potential public visual open space of the area by affording public views of the bluff as viewed from Coast Highway. Finally, the percentage of building footprint (0.08 FAR) and the enhanced treatment of all setback and open areas with extensive landscaping also enhance and soften the aesthetics of the public visual open space opportunities available in the area and provided by the site. 2. The additional area of increased height when considered in conjunction with the orientation, location, footprint and mass and bulk of the structure (discussed'in No. 1 above) will result in a more desirable architectural treatment of the building and a stronger andl more appealing visual character of the area, within a general theme of the marine environment. That is, the physical attributes of the project further the intent and purpose of the Mariner's Mile Specific Area Plan to "...preserve and enhance the character of scenic highways and drives..." by the greater project setback at Coast Highway, which provides enhanced aesthetic character and public visual open space views of the bluff. Additionally, the mechanical equipment screen meets the intent of the Code to screen equipment from the view from public streets and neighboring properties which may have a detrimental affect on existing views of residential properties overlooking the project. 3. The additional area of increased height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces since the Sterling Motors building to the east of the project is currently taller (35 feet) than the proposed screen structures (28.5-29 feet). Additionally, the total bulk of the proposed structure including both horizontal and vertical dimensions has been taken into consideration since the proposed building has a limited footprint and significant open area on the first level. 4. The structure is allowed to be 6,547 square feet (0.30 FAR)and the proposed is 1,800 square feet (0.08 FAR). Therefore, the structure will have no more floor area than could have been achieved without the use permit. Modification Request Section 20.65.070 of the Municipal Code provides that architectural features in excess of the permitted height shall be subject to the approval of a modification permit. Included in the application is a request to allow an architectural feature (steel frame facade element, 32 feet high at its peak) to exceed the permitted 31 foot maximum peak height limitation. In order to grant relief through a modification permit, the Modifications Committee, or, in this case, the Planning Commission, shall find: Use Permit No. 3612 and Traffic Study No 112 Pag011� ��\ . 0 "that the establishment, maintenance or operation of the use of the property or building hill not, tinder the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and farther that the proposed modification is consistent with the legislative intent of this code. " The applicant has provided a statement in support of the modification request for the architectural feature in the attached letter. In summary, he indicates that the proposed height is a result of the required site grading to achieve positive drainage and the height necessary to achieve minimum vertical clearance for vehicles to pass under the architectural feature (steel truss) in the drive through lanes; and that the height has been minimized to the greatest extent possible. That portion of the architectural element (steel'truss) which exceeds the permitted height is minor in nature (one foot higher than allowed) and the mid -span height of the architectural element otherwise conforms to the 26 foot Height Limitation Zone requirement. The element in question is a long narrow architectural feature which will be utilized to reduce tlse visual bulk of the building face and to provide enhancement and relief to the elevation. Staff is of the opinion that the above mentioned finding can be made in this particular case, since the element is long, narrow and will not affect the flow of air or light to adjoining residential properties. Additionally, the architectural element will not adversely impact or obstruct views from adjoining residential properties since the residential uses located to the rear of the subject property are located on a bluff overlooking the project. Staff also believes that the height of the proposed architectural feature is within the legislative intent of the Municipal Code since the mid -span of the element generally meets the code requirement for tise height of buildings. Project Design The Mariner's Mile Specific Plan requires site plan review for new construction in the area. This project is not subject to the requirement because tlse proposed building is less than 2500 square feet. Nonetheless, staff believes that the project, as a new additions to the important Mariner's Mile area, should be designed in a manner that will complement and improve the area. The Mariner's Mile Business and Citizens Advisory Committee report recently presented to the City Council includes a discussion of the importance of improving the aesthetics of the area with new development of private property. The Committee recommended that the City make design assistance available to project proponents, at no cost to them and with no requirements regarding design, to help insure that new development is well designed. The City has retained a design consulting team to prepare a development framework for Mariner's Mile, and to provide design assistance on new projects. Staff believes that this project should be reviewed by the design consulting team because it is an important new project in the area that can set the tone for future development. Additionally, because the proposal includes a use permit and modification to exceed height limits, the City should be assured that the project will have a desirable architectural treatment and result in positive contributionto the visual character of the area. A condition requiring this review and consultation is included in Exhibit "A." Usc Permit No. 3612 and Traffic &.: N No. 112 Pagei )b Restaurant Development Standards Chapter 20.82 of the Municipal Code contains development standards for restaurants, as outlined below. Those development standards include specific requirements for restaurant sites, building setbacks, off-street parking, traffic circulation, walls, landscaping, lighting (exterior illumination), underground utilities, supply storage and refuse storage. Section 20.82.040 of the Municipal Code states that any of the development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards REQUIREMENT PROPOSED Site: Site shall be sufficient size and Waiver. The facility is easily accommodated by the subject configuration to satisfy all property and provides adequate area and setbacks for the requirements for off-street proposed building, landscapingandrefusestorage.Thenumber parking, setbacks, curb cuts, of required off-street parking cannot be accommodated on the walls, landscaping and refuse project site. However, staff believes that the intent of the storage as provided by Section requirement is met by the provision of adequate vehicle 20.82.040orthe Municipal Code. stacking in the drive -through lanes and adequate employee parking. Therefore, the waiver of this development standard is justified. Setbacks: 50%, 5 foot front yard setback Complies. and 50%, 10 foot front setback, zero setbacks sides and zero rear setback rear per SP-5 District Development Standards. to protect the public health, safety and welfare or to insure compatibility with uses on contiguous properties (Section 20.82.040 A-2, NDMC). Off -Street Off-street parking in accordance Waiver. The facility provides 8 on -site parking spaces. A Parking: with the provisions of Section portion of the remaining requirement (20 spaces) will be 20.66 of the Municipal Code. satisfied by the stacking of vehicles in the drive -through lanes and a waiver of the balance of the required parking (15 spaces). Staff believes that the proposed parking is adequate, given the unique operational characteristics of the project (no dining or walk-up window service). Therefore, a waiver of a portion of the required parking is justified. Circulation: Parking areas and driveways to Complies. The on -site circulation has been reviewed by the facilitate traffic and circulation of City Traffic Engineer and based on the information submitted, vehicles on and around the the on -site circulation and sight distance clearances are facility and to provide adequate adequateso long as all conditionsof approval are implemented. sight clearances. Malls (at jacent A solid masonry wall 6 foot high Waiver. The applicant proposes a waiver of the 6 foot high to the Interior shall be erected on all interior masonry wall along the side property lines. Proposed is the properq,lines): property lines of the subject erection of a combination of retaining walls and landscape property. Walls 3 feet in height mesh fencing in order to meet the intent of this requirement. shall be erected between the on- Since a wall 3 feet in height cannot be erected beween the site parking areas and the public drive -through lanes and the Coast liigh"ay right-of-way rights -of -way, without adversely affecting the access to the property, the Use Permit No. 3612 and Traaie study No. 112 Pagyi ]' 1iQ REQUIREMENT PROPOSED applicant has requested a waiver of the wall requirement. The applicant also wishes to waive the requirement of a wall 3 feet in height between the on -site parking areas and the public rights -of -way since it cannot be provided at the rear of the property without adversely affecting the access to the proposed parking spaces which take access from Avon Street and the drive -through lanes which take access from Coast Highway. Staff believes that the proposal meetstheintent ofthe Code. Landscaping: 3tback 10% of entire site, foot wide Waiver. The 5 foot to 10 foot front se areas at the front of landscape area shall be provided the property, with the exception of the driveway access, provide to screen the parking area from more than the 3 foot wide landscape area required and the the public rights -of -way (Coast easterly property line is provided with adequate landscaping. Highway and Avon Street). A 3 Landscaping between the parking and Avon Street cannot be foot wide landscape area adjacent implemented since the proposed parking takes direct access to the interior property lines shall from Avon Street. Additionally, the required westerly side be provided. property line landscape area does not strictly comply with the Code requirement because the landscape area is provided along an interior lease line (project westerly lease line boundary). Staff believes the landscaping provided on the westerly project boundary and between the on -site parking and the project satisfies the intent of the requirement, Lighting: Parking lot and site illumination Complies.Lighting on the building will be of low wattage and height and intensity; to minimize will be designed in accordance with the Code provisions. A the reflection of lights to the condition of approval is also included which requires that the streets and neighboring exterior lighting be shielded or wattage reduced in order to properties. comply with this requirement. Utilities All utilities required to be Complies. undo ,rounded. Supply Storage Supply storage to be contained Complies. within a building. RefrseStorage Refuse storage outside of a Complies. building shall be hidden from view by a solid masonry wall 6 feet in height with self-locking gates. Staff is of the opinion that the on -site development standards as they apply to site requirements, off- street parking, walls and landscaping should be waived if the Planning Commission approves this application, since the granting of the waiver will generally achieve the same results as would strict compliance with the requirements of Chapter 20.82. Traffic Study A traffic study has been prepared which analyzes the impact of the proposed project on the peak - hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and Council Policy L-18. The Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any'major,"primary-modified; or 'primary' street, based on the characteristics of the proposed development. Therefore, the project Use Pcmtit No. 3612 and Traf iic Study No. 112 Pagq-YT i'� . a complies with the requirements of the Traffic Phasing Ordinance. A detailed discussion of thi traffic study can be found in the appendix of this report. Recommendation Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit can be made for the proposed drive -through restaurant facility since the parking requirement of the site, which cannot be accommodated on -site, has been adequately addressed by sufficient area for the stacking of vehicles in the drive -through lanes, adequate employee parking and the lack of patron parking demand stemming from the fact that no walk-up patron service or on -site dining is provided. Additionally, issues related to access and site circulation have been addressed by limiting the project to right -out egress only. Finally, the potential problems associated with hours of operation and noise generated by the proposed restaurant operation have been adequately addressed by the conditions of approval recommended by staff and the restriction on the use of outdoor paging or loudspeaker systems (including menu boards) which may disturb neighboring properties or residential uses in the vicinity. Staff is also of the opinion that the required findings for the approval of the use permit for the additional area of increased height of the clevator shaft (parapet wall) and mechanical equipment screen can be made in this case since the proposed building provides greater setbacks than required by the Municipal Code; the height of the screen is lower than permitted by Ordinance; the mechanical equipment is adequately screened from view; the height has been minimized to the greatest extent possible; the limited area allowed screen areas cannot adequately accommodate screening of the equipment of the proposed project; and the structure contains less floor area than permitted by the Municipal Code. Additionally, staff believes that the required findings for the approval of the mddification to the Zoning Code to allow the architectural feature (steel truss) to exceed the permitted height can be made in this case since the mid -span of the element generally meets the code requirement for the height of buildings and the portion which exceeds the height limit is minor and does not significantly impact any views in the area. The City Traffic Engineer has reviewed and found the Traffic Study to be in compliance with the Traffic Phasing Ordinance. Further, that based upon the analysis contained in the Traffic Study, staff has determined that the addition of the project-generatedtrips will not make worse the level of service of any intersection and that the project is not anticipated to have a significant impact on the traffic circulation improvements in the area. Use Permit No. 3612 and Traffic Study No. 112 Page;T k� Finally, based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned (mitigation measures and conditions of approval), could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA. Should the Planning Commission wish to approve Use Permit No. 3612, Traffic Study No. 112 and accept the environmental document, the actions, findings and conditions of approval set forth in the attached Exhibit "A" are suggested. However, should the Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are suggested. Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Exhibit"A" Prepared by: JAVIER S. GARCIA, AICP Senior Planner Exhibit "B" Appendix Letter from the Applicant Describing the Project Operation Letter from the Applicant with Statement of Support for the Elements in Excess of the Height Limit Letter of Concern from a Neighbor Negative Declaration Traffic Study No. 112 Phase I Environmental Assessment Plot Plan, Floor Plans and Elevations FAUSERS\PLN\SItAREDU PLANCOM\1997\ 1009PC\UP3612.DOC Use Pemi t No. 3612 and Traffic Study No. 112 Page A' EXHIBIT"A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3612,Traffic Study No.112 and the acceptance of the Environmental Document A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned, could have a significant effect on the environment; therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. Mitigation Measures: That erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading Code (NB MC Section 15.04.140 or applicable sections). 2. Prior to the issuance of a build ingpern3it, the applicant shall provide written certification by the Orange County Health Department, acceptable to the City's Building Department, signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed in such a manner as to conceal light sources and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer staiing that, in his opinion, this requirement has been met. That 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 by this condition of approval. Use Permit W 3612 and Trafric Study No. 112 Page A;D 0 a B. USE PERMIT NO.3612 Findings: 1. That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial' uses and a drive -through restaurant is a permitted use within this designation. 2. That the proposed development will not have any significant environmental impact, based on information presented and incorporated into the negative declaration. 3. That the proposal includes no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the purpose or intent of the restaurant development standards related to site requirements, off-street parking, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following.reasons: The required number of off-street parking cannot be accommodated on -site and the request to utilize credit for vehicle stacking in the drive -through lanes (20 spaces) to satisfy a portion of the parking requirement is reasonable based on the operational characteristics of the proposed facility, i.e., drive -through only with no walk-up or on -site dining. • Adequate employee parking will be provided on -site. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from Avon Street at the rear. • The increased landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site; and the addition of landscaping at the front and rear of the property behind the building will not enhance the streetscape views. The provision of the required landscaping at the rear between the parking and the right-of-way would adversely affect the access to the proposed on -site parking 5. The approval of Use Permit No. 3612 to allow the establishment of the drive -through restaurant facility will not, under the circumstances of the, case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize lighting and noise impacts. The provision of employee parking will adequately serve the proposed use since there is no patron parking demand generated by the use because there is no walk- up use or patron dining on -site. Use Permit No.3612 and Trartic Study No. 112 Pag.ell� �1 9 0 The issues related to access and site circulation have been adequately addressed by limiting the project to right -out egress only and conditions of approval to prevent vehicle back-ups onto Coast Highway. That the limited hours of operation and prohibition of menu board speakers should limit potential noise impact on the neighboring residential uses. No significant adverse traffic or circulation impacts are anticipatedfrom the proposed project as determined by the project analysis in Traffic Study No.112. 6. The approval of Use Permit No. 3612 to allow the additional area of increased height of the elevator shaft and the mechanical equipment screen will not, under the circumstancesof the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons and complies with the findings specified by Section 20.42.050I-2 of the NBMC: • The additional area of increased height will result in more public visual open space and views than is required by the basic height limit zone since the proposed building provides greater front, side and rear yard setbacks than required by the Municipal Code and the height of the screen is 2 feet lower than permitted by Ordinance. • Particular attention has been given to the location of the structure on the lot, the percentage of ground cover (0.08 FAR), and the treatment of all setback and open areas. The additional area of increased height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the 26/32 Height Limitation District since the mechanical equipment will be adequately screened from view and the height has been minimized to the greatest extent possible. The additional area of increased height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces since the Sterling Motors Building to the east of the project is currently taller than the proposed structure (35 feet). Additionally, the total bulk of the proposed structure including both horizontal and vertical dimensions has been taken into consideration (since the proposed structure provides greater front, side and rear yard setbacks than required by the Municipal Code). The structure shall have no more floor area than could have been achieved without the use permit. The limited area allowed for such elevator shafts and mechanical equipment screen areas cannot adequately accommodate screening of then mechanical equipment of the proposed project: The approval of the modification to the Zoning Code to allow the architectural facade element (steel truss) in excess of the permitted height will not be detrimental to persons, property or improvements in the neighborhood and that the modificationas approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: Use Permit No.3612 and Traffic Study No. 112 Page y7� L.J E The additional one foot in height is minor in nature and the mid -span height of the truss element generally conforms to the 26 foot Height Limitation Zone requirement. The proposed architectural element will not affect the flow of air or light to or views from adjoining residential properties since the residential uses located to the rear of the subject property are located on a bluff overlooking the project. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That, prior to the submittal of plans for building plan check, the applicant shall submit the site plan, elevations, landscaping and sign plans, and proposed colors and materials to the Planning Department for review by the City's Mariner's Mile design consulting team. The applicant shall consider the comments and recommendations of the team in preparing final plans. 3. That the hours of operation of the drive -through restaurant facility shall be limited to between 6:00 a.m. to 11:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit: 4. That deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this use permit. 5. That no on -sale or off -sale alcoholic beverage service shall be permitted on the premises. 6. That the operator of the restaurant facility shall be responsible for the 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. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. lb:00 p.m. and 7:00 a.m. Measured at the property line of 60 dBA commercially zoned property: 65 dBA Measured at the property line of 50 dBA residentially zoned property: 60 dBA 7. That the use of outside paging system or loudspeaker system (including in conjunction with menu boards or patron ordering) shall be prohibited in conjunction with this food service establislnnent, unless an amendment to the use permit is first approved. 8. That the approval is for the establislunent of a drive -through restaurant facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food Use Permit No. 3612 and Traffic Study No. 112 Pagol �5 and beverages for off -site consumption. The approval prohibits walk-up or on -site consumption facilities, unless an amendment to the use permit is first approved. 9. That all signs shall conform to the provisions of the Municipal Code. 10. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted. 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. 11. That the proposed restaurant facility and related parking structure shall conform to the requirementsof the Uniform Building Code, including State Disabled Access requirements, unless otherwise approved by the Building Department. 12. That erosion and siltation control measures of the constructionopdrations shall comply with the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections). 13. Priorto the issuance of a buildingpermit, the applicant shall provide written certiflcationby the Orange County Health Department, acceptable to the City's Building Department, signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or Solt contamination has been cleared. 14. That all improvements be constructed as required by Ordinance and the Public Works Department. 15. That a standard subdivision agreement and accompanying surety be provided or other arrangementsbe made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain grading or building permits prior to completionof the public improvements. 16. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer in conjunction with the review of plans issued for building permits. That the exiting from the property on West Coast Highway shall be limited to right out only, unless otherwise approved by the City Traffic Engineer. 17. That all employees shall park on -site. 18. That the intersection of the private drives and West Coast Highway shall be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 19. That the drive -through facility shall be operated in such a manner that vehicles NN ill not be allowed to block access driveways. The drive -through lanes operation shall be monitored at Use Permit No 3612and Traffic Study No 112 Page AA all times by the applicants' representatives at the site. If back-ups occur, stop point of the drive -through lanes cueing shall be relocated toward the pick-up lanes or the incoming customers shall be directed to bypass the drive -up facility (or combination of both actions). If a traffic congestion problem occurs on West Coast Highway related to the drive -up facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 20. That Avon Street be improved to a minimum 20 foot street width along the project frontage with curb, gutter, sidewalk and retaining walls as required. 21. That a loading area be provided adjacent to Avon Street to accommodate deliveries to the storage area. The design of this area or operation shall be reviewed and approved by the Traffic Engineer. 22. That the building setback shall be a minimum of seventeen (17) feet for 50% of the front setback and twenty-two (22) feet for the remaining 50% of the front setback area (this includes a 12 foot width for planned future widening of West Coast Highway plus 5 foot and 10 foot setbacks for landscape purposes) from the existing West Coast Highway property line. That all lease documents shall include a clause that there is a planned future widening of West Coast Highway. 23. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials with the Coast Highway right-of-way. 24. That street drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. 25. That the Public Works Department plan check and inspection fee be paid. 26. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergroundingis unreasonable or impractical. 27. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this use permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, CommunityNoise Control. 28. That a landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. That prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Use Permit No. 3612 and Trafric Study No. 112 Page Code Enforcement Division to confirm installation of the landscaping specified by thins condition of approval. 29. The landscape planter areas shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition at all times. 30. That the operator of the food service use shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use. That the area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. 31. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. That 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 by this condition of approval. 32. That storage outside of the buildings in the front or at the rear of the property shall be prohibited. 33, That the project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 34. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 35. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 36. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 37. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Use Permit No. 3612 and Traaie Study No.112 Pagext �tO 38. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 39. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 40. That the Planning Commission may add to or modify conditions of approval'to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 41. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. C. TRAFFIC STUDY NO.112 Findings: That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15 of the Newport Beach Municipal Code and City Policy L-18. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,"primary-modified; or'primary' street, based on the characteristics of the proposed development. 4. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour morning or afternoon peak periods on six of the seven study intersections. 5. That the Traffic Study indicates that the project -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour morning and afternoon peak periods for the intersection of West Coast Highway and Tustin Avenue. Further ICU analysis of the a.m. and p.m. peaks for the intersection of West Coast Highway and Tustin Avenue, which currently operates at a LOS E (ICU of 0.92), indicates that the level of service will not be made worse by the addition of the project-generatedtrips. Use Permit No. 3612 and Traffic Study No. 112 PageX Al EXHIBIT "B" FINDINGS FOR DENIAL FOR Use Permit No. 3612, Traffic Study No.112 and the Environmental Document A. ENVIRONMENTAL DOCUMENT. -No action is necessary for projects which are denied. B. USE PERMIT NO. 3612 FINDING: 1. The approval of Use Permit No. 3612 will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The project, without the provision of a legal left-tum movement exiting the site, provides the opportunity for illegal left -turn movement onto West Coast Highway which will create a traffic hazard to vehicles traveling on West Coast Highway. C. TRAFFIC STUDY NO. 112: - No action is necessary for projects which are denied. Use Permit No. 3612 and Traffic stud) No.112 Pagex3 �7 r APPENDIX Expanded Traffic Study Analysis The attached traffic study satisfies the requirements of the City's Traffic Phasing Ordinance and Council Policy L-18. The trip generation forecasts are set forth in Table A, located on Page 5 of the attached traffic study. A detailed explanation of the criteria used for the trip generation forecasts is set forth on Page 2 and 6 of the traffic study. The City Traffic Engineer has identified the seven intersections which could be affected by the proposed project. These intersections are listed in Figure 1, located on Page 3 of the traffic study. The first step in evaluating intersections is to conduct a one percent traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than one percent of the projected 2%2 hour volume in either the morning or afternoon, an Intersection Capacity Utilization (ICU) analysis is required. Based on an analysis of each of the seven intersections, the increase in traffic at each intersection leg exceeded 1% of the projected 2-%2 hour morning peak traffic on one of the intersections (West Coast Highway and Tustin Avenue) and was less than 1% on the remaining six intersections, as indicated on Table B, located on Page 10 of the traffic study. Therefore, an Intersection Capacity Utilization (ICU) analysis was prepared for the West Coast Highway and Tustin Avenue intersection. As indicated in Table B, located on Page 10, the ICU value during the A.M. peak for this intersection currently exceeds 0.90 (0.92), but will not be made worse by the proposed project - generated trips. Therefore, it is determined that the proposed project will have a very nominal impact on the level of service at the key intersection and that the project is in conformance with the City's Traffic Phasing Ordinance. Use Permit No. 3612 and Traffic Study No. 112 Page,21f AO� B O O R A • • A R C H I T E C T S TLA RESTAURANT PROJECT DESCRIPTION PROJECT TEAM Architect: Architectural Consultant: Landscape Architect: Traffic Consultant: Specialty Lighting: Kitchen Design: Project Management: THE PROJECT BOORA Architects, Inc. - Portland, Oregon Richard Hobbs, FAIA - Washington, DC Walker & Macy - Portland, Oregon Kittelson Associates - Portland, Oregon Candela - Seattle, Washington Edward Don & Co. - Atlanta, Georgia Domoto Company - Seattle, Washington To build and operate a new kind of quick service restaurant based on the principles of exceedingly high quality food, high quality service and an enhanced customer experience. The restaurant building and site has been designed to serve as public art and to convey a refined aesthetic sensibility to the customer and the surrounding community. The facility Is engineered to operate with optimal efficiency while creating a refreshing environment. The menu consists of food and beverages of quality, toste and sophistication not yet encountered in a drive -up format, The Restaurant hours of operation will be 6:00 a.m. to 11:00 p,m. PROJECT LOCATION 3100 West Coast Highway, Newport Beach, California THE BUILDING The Restaurant consists of an elevated building of 1 A36 gross square feet, that will allow the customer to drive underneath It. Prepared food Is conveyed by an Industry proven mechanical system from the upper level to ground level. The elevated building allows three lanes to be available for ordering and delivery. This building has been engineered with the site to permit an optimal amount of queuing as discussed below, There is not customer seating on-slte nor Is there any walk-up service provided. The building's lower level consists.solely of a 114 g.s.f. elevator and machine/mechonicat room. The upper level program consists of: Kitchen 676 square feet Mechanical Room 65 squareleet Restrooms 115 square feet Dry and Cold Storage 360 square feet p TtA •Project De.wtion August 6, 1997 Pogo 2 The main body of the building is 26 feet high with the elevator overrun at 28feet high and the ornament steel truss at 32 feet high. A 256 square foot Dry Storage Building Is at the rear of the site on Avon Street. Adjacent to the dry storage Is an area for screened service functions such as dumpster, transformer, etc. Employee parking Is located west of the Dry Storage Building. There are seven employees per shift and the site plan provides for seven standard employee parking spaces, plus one handicapped space. TRAFFIC ENGINEERING The site plan is the product of an Integrated approach to engineering, taking into consideration the customer order, the product preparation and delivery times with the use of the most current queuing models. The site has been designed to provide the maximum efficlency and to minimize the amount of time a customer will have to spend on site. The site traffic circulation has been designed to accommodate the turning movements of the largest of non-commercial vehicles to specifically make moving through the site easier for the customer. The point of sale and food preparation systems permit order times of less than 60 seconds and food delivery times of less than 50 seconds. Maximum duration on site Is projected at eight minutes. This enables the facility to service 120 cars per hour at peak periods with less than 20 cars queuing on site at peak periods (the site has queuing capacity for 30 cars). The turning radii have been engineered by Kittelson Associates for minimum Impact at curb cuts. All employee parking and deliveries will access the site off of Avon Street. DESIGN APPROACH The design objective Is to develop a lasting architectural Image based on: • a building and site that together embody an Intended functionality; • a refreshing, uplifting environment that stands in contrast to the typical road experience; • a contextual approach to design Intended to fit Into a community's aesthetic, cultural, and environmental values (e.g. Mariner's Mile Comprehensive Plan); • a commercial building that will serve as public art This project will reflect the maritime character of the Mariner's Mlle District• The projects contextual Integration into the Mariner's Mile will be further enhanced by landscaping and will utilize Indigenous plants such as palms and bougolnviilea. Modern and tastefully executed signage, lighting and construction will reinforce the design objectives, 96003/descrlpt.doc tv WV:ogb 5� rvv�1�1 � a'li"� �'� v, '�� 'd ��i . -.5 • �,. .J 1 1'°!T � 2 t i , s#i .L. S r a71. � .. ... �:, - .� +.�1_•r �.+ 1 �ntl�y `1 �5. � + ..r �tt ` i .t • 1 1 ..t i'^w � ,.e. ../ — �rinJ g1315.`'' i- � "~• .5.. ems' i • 1n ♦M�'•. � �4 yy K/• - �} �', L'Y �y �.•ti'•t,. [.]yam .^��'r� Cis r;S,Y !.�_�.,:+•-� i.C.tr-i :. # 2P + i�i'� �• �i'.� �yy yI t Sit, w lj;z- 1ft i 9 Y S � S'431 'i�t 1 �7►t � t»: j q •�C.A:. .: ' '. 3 1 il'7':a `11,•`1� f � ( (.. �i* 1 1 1 � �'IY' S c�i�C"1f� rt !:�/.-`. Y`'�'. y f 1 tl 2 Yh�J.I1y,.���. ty Y ly I r 1' .r 11 �...: � r . � - � i, � "' �7�1 . �� \, '"'� •,{Wa '3� < . Imo':+• � � �v t _ � r i a I ..� yc ✓ � - •y � .. y� � K D iK t - . ,��r��yt. � r Jam"! T 1 . 41 . '� - - � , hr`• a './ _-. `_ .. y ti r •� �' Z�, .. Rw.. :.4 A .� 7L •. � � .'t,V l: •���'•' -.fix .; ...•� Doi^ PPWl p�.��i+•�r('�ijr�j �S' ' , t�[ 1 �Stt� r y { B O O R A A R C H I T E C T S September 9.1997 Javier 'Jay' Garcia, AICP CITY OF NEWPORT BEACH 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658-8915 RE: TLA - UP'S DRIVE THROUGH RESTAURANT Use Permit Height Clarification n KckIvEO ar PLANNING DEPARTMENT CITY OF NEWPORT BEACH SEP 15 1991 PM 718t91�tul�lil21�141�1g Dear Jay: As per our phone conversation on September 4, 1997,1 have summarized below our response to your concerns regarding the building height at the elevator shaft/enclosure, It It 11 It It mechanical screen area and that portion of the steel truss which extends above the code allowed maximum height of 26-feet. The first Item regarding the extension of the elevation shaft 0.) to 28'-6' (2'-6" above adjacent parapet) and the second Item regarding the mechanical screen area 01.) fall 7 •: under Zoning Code Article 20,65.070 Exceptions to Height Umlts, Porograph'B'. fie Third Item regarding the steel truss extension (III.) falls under Poragroph 'A' for Architectural Features. 11 to r l I ,. it d. 11 or ,'.,,„ ., 72. is :, . .1 9 1 u The establishment of the building height and the associated parapet height and mechanical screen Is directly related to the function of the building and site. As you know the buildings elevated above the In -and -out drive -through lanes. It Is this critical function of allowing the vehicles to pass under the building which has determined the minimum clearance under the structure. From this established second floor elevation, we provided a minimum overrun height for the elevator shaft, the minimum roof structure depth and the smallest parapet height possible. In response to the four questions stated In the zoning code (section 20.65.050) for review by the planning commission, I offer the following response: 1. As mentioned above, the elevator overrun was a direct result of the required drive -through clearance and the subsequent floor to floor height. With the building raised in the air, we have 2-percent building coverage, 40-percent planting/landscape and 58-percent hordscope on the site. The portion of the roof used for the overrun Is 8-percent of the total roof area and is located to the bock of the structure. The structure is set back 35'-0' from the front property line at Paciflc Coast Highway and is set at a 45•degree ongre. 5� B OAO R A Javier 'Jay'.rcla,AICP • September S. 1997 Page 2 A R C H I T E C T $ 2• In addition to the pragmatic necessities noted above, the elevator core and mechanical rooms provide a visual and aesthetic function as a solid mass to anchor the building on the site. It is visually Important that the shaft/core be expressed In a way that compliments the scale and components of the building. 3. The dimensional change between the main portion of the building and the elevator core Is 2'-6'. We do not feel that this small amount of Increase will have any affect on the adJacent structures or public spaces. In fact, the west elevation of the car dealership structure immediately to the east Is a +/- 35'-0' tall blank masonry wall which runs along 80-percent of the property line. Additionally. beginning Immediately from the north edge of Avon Street is a steeply sloping hillside which looks over the site and adjacent properties. 4. The proposed structure Is well below allowed floor area. We have 370 gsf. on the ground level and 1 A36 on the upper level. The proposed height Increases are not affected by the floor area. II, Mechan�_SSLeBn: A= (Please note that we will shorten the length of the screen area from 28'-0' to 20'-0*). The proposed semi -transparent mechanical screen does not affect any public views either Into or from the site. The location of the building on the site and set backs are as stated in item No. 1 above. The Intent of the screen wall Is only to hide the mechanical equipment which would be a visual detraction to the building and site if left unprotected. 2. The intent of the screen wall Is to provide a visual enclosure around the roof top mechanical units so that the equipment does not detract from the overall appearance of the building. The proposed height of the screen wall to adequately hide the units Is 29'-0' above grade, or 3'-0' above the adjacent parapet. The screen wall will be constructed of steel slats spaced apart to allow some transparency. 3. The proposed screen wall will not have any visual affect on existing developments or public spaces. The screen Is only to enhance the view of the structure and views Into the site. The screen wall Is set back 2'-0' from the main parapet line and extends 20'-0* horizontally along the roof to screen the mechanical units. The semi -transparent material is meant to act only as a screen and not part of the building mass. 4. Exceptions to the zoning code allows 25 square feet of area and up to 5 feet In height for mechanical equipment on a roof. Our proposal is to allow a 20'-0' long X 12'-0' wide X 3'-0' high area. We are 2-feet less than allowed, however, we exceed the total allowed area. The determination of the screen wall height was generated by the visual sight lines Into the site from the street. �i B O O R A Javier'Jay& rcia, AICP . September , 1997 Page 3 A R C H I T E C T S III. stepl?rss-FAMSIQn i. The steel truss top cord extends up to 32'-0' above finish grade 6'-0' above the parapet on the back side of the building (opposite the street elevation). The truss is open In nature, it can be seen through and It does not obstruct any views In or out of the site. 2. The exposed truss Is a primary architectural feature of the building design and adds aesthetic appeal to the building elevation from the Interior of the site. 3. As a prim,`; y structural and aesthetic feature, the truss also serves as a scale element to tie the building together as a whole. There Is not adverse effect on the adjacent developments. 4. Not applicable. Hopefully the above response comments will address your concerns regarding the proposed building height limitations. If you have any further questions, please do not hesitate to call, Sincerely, BOORA ARCHITECTS, INC. Brian C. Jackson, A.I.A. Associate Principal BCJ:ogb 96003/gorcia.Itr cc Jonathan Rodriguez-Atkotz - TLA, Inc. Joe Govela - Goveia & Associate Enclosure 'T� • • Page 20 65.4 Height Limits community district, or through, the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R-A, R-1, R-1.5, R-2, and OS Districts. B. 28/32 Foot Height Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all MFR Districts. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R-1, R-1.5, R-2 and MFR, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92-3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts other than R-1, R-1.5, R-2 and MFR which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. 20.65.050 Planned Community Districts A. In each planned community district established subsequent to the adoption this chapter, the height limits shall be established as part of the planned community development plan; provided, however, that in no event shalt the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.65.040 and as designated below: 24/28 FOOT HEIGHT LIMITATION ZONE. Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). q1% Height Limits B. Planning Commission or City Council Review. The Planning Commission or City Council in approving any planned community district, any specific plan, or in granting any use permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: 1. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. 2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. 3. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. 4. The structure shall have no more floor area than could have been achieved without the use permit. 20.65.060 Existing Structures and Permits A. Structures which were in existence or under construction on the effective date of this chapter (October 11, 1972), and which do not conform to these regulations may be continued or altered; provided, that the changes do not result in a greater nonconformity than was existing. B. Structures for which building permits have been issued or for which use permits have been issued, on the effective date of this chapter (October 11, 1972), and which do not conform to these regulations, may be constructed according to the approved plans. C. Proposed structures within a planned community district adopted prior to the effective date of this chapter (October 11, 1972) may be constructed in accordance with the height limits contained within the planned community text; provided, however, that a use permit shall be required for any structure which exceeds the height limits established by this chapter. D. The use permit application fee shall be waived for any single family home in the R-1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). 4i • Page 20.6=•6 Height Limits E Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in existence or under construction on the effective date of this chapter (October 11, t. . 1972) may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter, the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean. Boulevard. Where a question arises as to the interpretation of this code, the Planning Director shall review and render a decision. New structures may be constructed -on vacant sites subject to the same criteria. 20.65.070 Exceptions to Height Limits �A Architectural Features and Solar Equipment. Architectural features such as, but not limited to, cupolas, weathervanes, open protective railings for stairways, and other decorative roof -top features of an open nature, and solar equipment, but excluding parapet walls, may be permitted in excess of permitted height limits subject to the approval of a modification permit. �B Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet n excess of the height limits. ; i C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code plus an additional 12 inches for the provision of spark arrestor apparatus or architectural features of decorative screening nature. Any such structures or features exceeding the Uniform Building Code requirements shall be subject to the following criteria: 1. That the overall dimensions of the chimney shall be limited to a maximum width of 2 feet by a maximum length of 4 feet for any portion of the structure which exceeds the Uniform Building Code requirements. 2. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment. All chimneys and vents exceeding the minimum height required by the Uniform Building Code, with the exception of an additional 12 inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of a modification permit. D. Skylights and Roof Windows. The terms skylights and roof windows shall be interchangeable and shall be permitted in'excess of the average height permitted in the 0 GrubbrEllis Properly Solutions Worldwide" . James E. Clarkson 3enite fire 17maiknt REUTA0 dr October 2, 1997 PLANNING DEPARTMENT CITY OF NEWPORT BEACH Mr. Jay Garcia OCT 21997 Senior Planner CITY OItNEWPORTBEACE 8li�lul�l2M�lSIA $ 6 _ P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Use Permit No. 3612 3100 W. Coast Highway Dear Planning Commission Members: It has come to my attention about an application submitted to the City of Newport for a drive-thru restaurant next to Sterling BMW. I cannot attend the October 9th hearing as 1 will be out of town an business, so I am writing you this letter of concern. My family and I live directly above this proposed development, at 237 Santa Ana Avenue. 11tc concerns I have are listed below. I am asking each member to please take into consideration what I and other homeowners will be forced to live with for an indefinite period of time. • I have seen the elevations of this building and 1 do not think it is in keeping with the "Mariner's Mile" architecture theme that has been established by the City. This restaurant is not a chain and this concept does not have a proven track record of success Be careful not to end up with a "white elephant" onyour hands if the business falls and the City has a vacant building here. • Screening the rear properly line from the residents with "thick" foliage. This will help block car headlights that may shine into the resident's homes as customers drive through the "double" drive ttuu. It will also buffer the noise and visual appearance of the building. The plans show eleven (11) palm trees, but do not specify the size. I request that you ask for "mature" palm trees at a minimum of 25' tall and study the plan to see if additional foliage can be added in other places. • Screening the roof equipment on four sides helps but does no good for the residents who look down on top of the building. Please request that the roof equipment be entirely enclosed with a "top" on it. • Tlic lighting plan must have "down lights" that do not shine onto the residents. As an example, the parking lot lights of"Bistro 201" desperately needs reflectors on diem to shine down and nut up. • Try to impose, as a condition of approval, drat the Landlord (property owner) must also demolish the adjoining car lot buildings that have been a terrible eye sure for the City of Newport. This will probably help dispose of the remaining parcel since no buyer wants it in its present condition. • tely understanding is that there is no reader board menu or speakers to take the orders This is obviously very noisy, especially when the business is 100% drive-lhru. Be aware that the applicant Grubb S HIS Company 4G05 Wc:lnhur Coon Suite 600 114 833.?M) 7 14 833.8037. fax ,M ,.t Air Jay Garcia • • October 1, 1997 Page 1 may come back at a future date once the restaurant has been open for a while. The questions to ask the applicant is, "Where does the person stand who is taking the order when it rains?". The AQMD has new standards for exhaust fans that will contain the smoke and grease so as not to emit it into the air. Believe me, if they vent their cooking directly' outside, every homeowner will constantly smell what they arc cooking. I ask that this drive -through have limited hours to 10:00 p.m. and D21 a 24-hour operation. Thank you for your attention to this matter. I know your position is to do the best thing for the City. I do not oppose the use, but there are certain things that can be done to protect the City and adjacent homeowners. I have been in the commercial development business for 19 years. I have had every one of these concerns and solutions I have mentioned imposed on me or my client when I have processed applications through cites in Orange County. Your biggest concern should be, what do we do with this building if this new business concept fails. We all may be confronted witha simi lar problem sooner than you think when the "Speedway" goes out of business down the street. Thank you again for listening to my concerns. Si cerely, t7 Jim Clarkson Senior Vice President JC:jma gsrci+.dn Giubh & 131tis Cumppmy 4695 MacAnhur ('oun Suue W) N:wpun Beach. C'A 92660 714.833.2900 714.833 8037, fax fl� 'TY OF NORtFi��led11 in the County of Or", California FWPI�IIII l3lr adI��RIUIIIIu��'�+�BY a38,0ecordar a i 3300 Newport Boulevard - Pa 199I800818112; 03jxo 09/09/ Newport Beach, CA 926! 856 5112432 85 09 (714)644-3200 zit 1 26.66 NEGATIVE DECLARATION To: From: City ofNettpart Beach Planning Department Office of Planning and Research 3300 Newport Boulevard - P.O. Box 1768 14DO Tenth Street, Room 121 POSTED Newport Beach, CA 92658.8915 Sacramento, CA 95814 SE� 9 f9 7 (Orange County) QCounty Clerk, County of Orange Public Services Division GAR Y NVILLE, 016-Wdel P.O. Box 239 By Me received for filing at OPR/County Clerk: Santa Ana, CA 92702 Public review period.• September 8, 1997 to October 9, 1997 Nance of Project: TLA Drive-througli Restaurant (Jonathan Rodriguez-Atkatz, applicant) Project Location: 3100 West Coast Mg/tway, located on the northerly side of West Coast Highway between Newport Boulevard and Riverside Drive, Project Description: The project involves the approval of a negative declaration, use permit and a traffic study to allow the construction of a 1,500 square foot, hvo-story drive -through restaurant, a 300 stiff storage building and related off-street parking. The use permit includes a request to allow portions of the proposed building to exceed the permitted height and a modification to the Zoning Code to allow an architectural feature to exceed the height limit (a portion of which is 32 feet high). The on -site buildings to be demolished are currently vacant and were formerly occupied by an automobile sales facility. Finding: Pursuant to the provisions of City Council K-3 pertaining to procedures and guidelines to implement the California Environmental Quality At4 the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the enviro mica A copy of the Initial Study containing the analysis supporting this finding is B attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision -makers) prior to final action on the proposed project. if a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public rcvim. If you would like to examine these materials, you are invited to contact the undersigned. If you Wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in wiling prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they arc significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these Impacts. There is no fee for this appeal. if a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. It) on have y lions or would like further information, plexe contact the undersigned at (714) 6443200 _ Dale September 8. 1997 Jai let S. Garcia, AICP Senior Planncr F:tUSERS%PLN\SHAREDU PLANCOMNENDINGtTLA-RESTVv'EGDEC DOC 'f 6 •CITY OF NEWPORT BEAM ENVIRONMENTAL CHECKLIS ORM 2. Project Title: TLA Drive -Through Restaurant Project Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92658-8915 3. Contact Person and Phone Number: Javier S. Garcia, Senior Planner City of Newport Beach Planning Department (714) 644-3200 4. Project Location: 3100 Nest Coast Highway located on the northerly side of West Coast Highway between Newport Boulevard and Riverside Drive. 5. Project Sponsor's Name and Address: TLA, Inc. (Jonathan Rodriguez-Atkatz) 4464 Fremont Avenue North Seattle, WA 98103 6. General Plan Designation: Retail and Service Commercial 7. Zoning: SP-5 (Mariners Mile Specific'Plan Area, Retail and Service Commercial) 8. Description of Project: The project involves the approval of a negative declaration, use permit and a traffic study to allow the construction of a 1,500 square foot, two-story drive -through restaurant, a 300 sq.ft. storage building and related off-street parking. The use permit application includes a request to allow portions of the proposed structure to exceed the permitted height with a rooftop elevator shaft parapet wall and mechanical screen fence (28-29 feet high), where the Municipal Code limits the height to a maximum of 26 feet. A request to waive a portion of the required off-street parking and waiver of development standards specified by Section 20.82.040 of the Newport Beach Municipal Code are also included with the use permit application. A modification to the Zoning Code is also requested to allow an architectural feature (steel frame facade element, 32 feet high at its peak) to exceed the permitted 31 foot maximum peak height limitation. The on -site buildings to be demolished are currently vacant and were formerly occupied by an automobile sales facility. TLA Restaurant NDCI:LIST Pagel I^ 9. Surrounding I* Jses and Setting: • 1i Current The on -site buildings to be demolished are currently sacant and were formerly Development: occupied by an automobile sales facility. To the north is a commercial office building and restaurant. To the cast: across Avon Street, are residential uses. To the south: is the Sterling Motors BMW Automobile Dealership. To the west: across West Coast Highway, is the Tower residential Condominium Complex, the Villa Nova Restaurant and other commercial uses. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): California Coastal Commission , the California Department of Transportation and the Orange County Health Department. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the folio+sing pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Air Quality Q Transportation/ Circulation ❑ Biological Resources ❑ Energy & Mineral Resources Q Hazards ❑ Noise ❑ Mandatory Findings of Significance ❑ Public Services ❑ Utilities & Service Systems Aesthetics ❑ Cultural Resources ❑ Recreation TLA Rcsiaurant NDCKLIST Page,2� qB DETERMINATION (1e completed by the Lead Agency.) • On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [J1 I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effects) on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact' or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I rind that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant efTect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ SignItture Javier S. Garcia Printed Name September 8, 1997 Date Forth• F:\USERS1PLNlSIIAREDIIFOR.NSIVEG•DEC\000KLIST DOC Document: F:IUSERS\PLNII PLANCOkf%PENDNG\TLA•RESTDCKLIST DOC TLA Rcslaumt NDCKLIST Page-3" t# S Potentially FW aty Leas Nan No Symficanl S nrant significant Impact Impact unkas Impact Mdgawan Incorporated I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan ❑ ❑ ❑ 0 designation or zoning? (1,2) b) Conflict with applicable environ- ❑ O ❑ 0 mental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land ❑ ❑ ❑ 0 use in the vicinity? ( ) d) Affect agricultural resources or ❑ 11 ❑ 0 operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? ( j e) Disrupt or divide the physical p ❑ ❑ 0 arrangement of an established community (including a low-income or minority community)? If. POPULATION AND HOUSING, Would the proposal: a) Cumulatively exceed official ❑ ❑ ❑ R1 regional or local population projections?(1) b) Induce substantial growth in an area ❑ ❑ ❑ 0 either directly or indirectly (e.g. through projects in an undeveloped area or extension of major Infrastructure)? ( ) c) Displace existing housing, ❑ ❑ ❑ 0 especially affordable housing? , TLA Restaurant NDCKLIST Page140 r! y' 0 10 Potentially Significantdic. nt Impact Polentr Sgn� Unkss Mitigation Incorporated Less than Significant Impact No Impact 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture?( ❑ ❑ ❑ 0 b) Seismic ground shaking () ❑ ❑ ❑ 0 c) Seismic ground failure, including ❑ ❑ ❑ 0 liquefaction? ( ) d) Seiche, tsunami, or volcanic ❑ ❑ ❑ 0 hazard? () e) Landslides or mudflows? () ❑ ❑ ❑ 0 f) Erosion, changes in topography or ❑ ❑ ❑ 0 unstable soil conditions from excavation, grading, or fill? (3) g) Subsidence of the land? () ❑ ❑ ❑ 0 h) Expansive soils? ( ) ❑ ❑ ❑ 0 1) Unique geologic or physical ❑ ❑ ❑ 0 features? ( ) IV. WATER.: Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑ TLA Rcstaurant NDCKLIST Pagefl 6A Polenliaay Sgmficanl Impact Poor— Sg d Un s Magauon tncorpotaled Lesstnan significant Impact hb , Impact , e) Changes in currents, or the course ❑ ❑ ❑ 0 or direction of water movements? n Change in the quantity of ground ❑ ❑ ❑ 0 waters, either through direct additions or withdrawals, or through Interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of ❑ ❑ ❑ 0 groundwater? ( ) h) Impacts to groundwater quality? ❑ ❑ ❑ 0 1) Substantial reduction in the amount ❑ ❑ ❑ 0 of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change irnclimate?( ) d) Create objectionable odors? ( j ❑ ❑ ❑ EJ ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ VI. TRANSPORTATION/CIRCULATION Would the proposal result in impacts to: a) Increased vehicle trips or traffic ❑ ❑ 0 ❑ congestion? (4) J TLA Restaurant NDCKLIST Pageo/, 'J- --� Potentially Sgmfiant Impact Pole Sgmw Unless Mitigation Incorporated Less Than m Sgficanl Impact No Impact b) Hazards to safety from design ❑ ❑ 0 ❑ features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment? (4) c) Inadequate emergency access or ❑ ❑ ❑ 0 access to nearby uses? (4) d) Insufficient parking capacity on -site ❑ ❑ 0 ❑ or off -site? (4) e) Hazards or barriers for pedestrians ❑ ❑ ❑ 0 or bicyclists? ( ) f) Conflicts with adopted policies ❑ ❑ ❑ 0 supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic ❑ ❑ ❑ I 0 impacts?( ) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g, marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 TI A Red,, rant NDCKLIST Page 3 Leas thin No. SgmGunl Impact Impact MAgalan Incorporated Would the proposal: a) Conflict with adopted energy ❑ ❑ ❑ 0 conservation plans? ( ) b) Use non-renewable resources in a ❑ ❑ ❑ 0 wasteful and inefficient manner? c) Result in the loss of availability of a ❑ (O ❑ 0 known mineral resource that would be of future value to the region and the residents of the slate? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (5) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? (5) e) Increased fire hazard in areas with flammable brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (6) ❑ ❑ ❑ 0 ❑ ❑ ❑ e ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ TLA Restaurant NDCKLIST Page - • Potentially SignR�canl Potent, °• Signs Lessthan Significant Impact No Impact Impact Unle Mitigation Incorporated b) Exposure of people to severe noise ❑ ❑ ❑ 0 levels? (6) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ❑ ❑ ❑ 0 b) Police protection? ( ) ❑ ❑ ❑ 0 C) Schools? ( ) ❑ ❑ ❑ 0 d) Maintenance of public facilities, ❑ ❑ ❑ 0 including roads? ( ) e) Other governmental services? ( ) ❑ ❑ ❑ 0 XII. UTILITIES & SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities? a) Power or natural gas? ( ) ❑ ❑ ❑ b) Communications systems? ( ) ❑ ❑ ❑ 0 c) Local or regional water treatment or ❑ ❑ ❑ 0 distribution facilities? ( ) d) Sewer or septic tanks? ( ) ❑ ❑ ❑ 0 e) Storm water drainage? ( ) ❑ ❑ ❑ 0 f) Solid waste disposal? ( ) ❑ ❑ ❑ 0 g) Local or regional water supplies? ❑ ❑ ❑ 0 TI rant NDCKLIST Pag5 • Potentially Sgnir" t Impact pote-Aw sqr Unkss Mn9ation Incorporated Less than significant Impact No . Impact XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic ❑ ❑ ❑ 0 highway? { ) b) Have a demonstrable negative ❑ ❑ 0 ❑ aesthetic effect? ( ) c) Create light or glare? ( ) ❑ E0 ❑ ❑ d) Affect a coastal bluff? ( ) 13 ❑ ❑ 0 XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ❑ ❑ (p 0 b) Disturb archaeological resources? () ❑ Q ❑ 0 c) Affect historical resources? ( ) ❑ ❑ ❑ 0 d) Have the potential to cause a ❑ Q ❑ 0 physical change which would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred p ❑ ❑ Q uses within the potential impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for ❑ ❑ ❑ 0 neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational ❑ ❑ ❑ 0 opportunities? ( ) TLA Rcstaurant NDCRLIST Page-lU� Significant Sgm Sgmfcant Impact Impact Up k , Impact SIGNIFICANCE. A) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a'fish or wildlife population.to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major.period of California history or prehistory? Mitigation Incorporated ❑ ❑ ❑ 0 b) Does the project have the potential p ❑ ❑ 0 to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that ❑ O ❑ 0 are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or XVII. EARLIER ANALYSES. n i■ J There has been no previous analysis performed on the subject property or in the general vicinity which would be applicable to the proposed project. Form: F:W SERStPLN\SHAREDII FOUISW EG-DEC OOCRLIST.DOC Document: FAUSERSVLMU PLANCOMNENDINGITLA•RES'NDCKLIST.DOC TLA Restaurant NDCKLIST Page}-Y t�q • SOURCE LIST is 1. Land Use Element of the Newport Beach General Plan 2. Title 20, Zoning Code of the Newport Beach Municipal Code 3. City Excavation and Grading Code, Section 15.04.140 of the Newport Beach Municipal Code 4. Traffic Study No. 112 5. Phase I Environmental Site Assessment Report, EnviroPro Inc., dated July 10, 1997 6. Chapter 10.28, Community Noise Ordinance of the Newport Beach Municipal Code TLA Resiaurml NIXKLIST Pagej2' 6:E ENVIROi�NTALANALYSIS CHECKLISTE0ANATIONS TLA Drive -through Restaurant 3100 West Coast Highway Use Permit No.3612 and Traffic Study No.112 Proiect Description The project involves the approval of a negative declaration, use permit and a traffic study to allow the construction of a 1,500 square foot, two-story drive - through restaurant, a 300 sq.ft. storage building and related off-street parking. The use permit application includes a request to allow portions of the proposed structure to exceed the permitted height with a rooftop elevator shaft parapet wall and mechanical screen fence (28-29 feet high), where the Municipal Code limits the height to a maximum of 26 feet. A request to waive a portion of the required off-street parking and waiver of development standards specified by Section 20.82.040 of the Newport Beach Municipal Code are also included with the use permit application. A modification to the Zoning Code is also requested to allow an architectural feature (steel frame facade clement, 32 feet high at its peak) to exceed the pemnitted 31 foot maximum peak height limitation. The on -site buildings to be demolished are currently vacant and were formerly occupied by an automobile sales facility. ANALYSIS The following discussion provides explanations for the conclusions contained in the Environmental Analysis Checklist regarding the proposed project's environmental Impacts. 1. Land Use and Planning The site is designated for Retail and Service Commercial land use by the City's General Plan Land Use Element and the Zoning is SP-5 (Mariner's Mile Specific Plan Area, Retail and Service Commercial). The proposed drive -through "restaurant facility is a permitted use within this designation. This project is located'within the Coastal Zone Boundary, therefore a Coastal Development Permit and Coastal Commission approval will be required. H. Population and Housing Population The proposed project is non-residential and therefore will not cause or induce, either directly or indirectly, any growth or reduction in the area's population. Housin e . No additional housing demand would result front the project since only a minor employment increase is anticipated and no displacement of existing affordable housing is anticipated. Ill. Geologic Problems (Earth) According to the Public Safety Element of the Newport Beach General Plan, the project is located in an area of historic occurrence of liquefaction and seismic activity which may be subject to ground shaking, ground failure, seiche, tsunami, volcanic hazard, landslides/mudflows, subsidence or expansive soils or erosion and unstable soils conditions. The site is not located in an area of unique geologic or physical features. Compliance with the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections) and the Uniform Building Code should adequately address the potential impacts of seismic activity. The proposed project would be built on a level developed site. Soil contamination is discussed under Hazards (item no. IX). Compliance with the City Excavation and Grading Code (NBMC Sec. 15.04.140) would reduce the impacts to an insignificant level. Mitigation Measure No. 1 That erosion and siltation control measures of the construction operations shall comply with the City Excavation and Grading Code (NBMC Section 15,04,140 or applicable sections). IV. Water The proposed project would take place on a site that is already developed and no appreciable change in absorption rates, drainage patterns or the rate and flow of surface runoff is anticipated. The discharge of storm water runoff during the construction phase will be adequately addressed by erosion control measures specified by the City Excavation and Grading Code (NBMC Section 15.04.140 or applicable sections), therefore no drainage impacts would be anticipated. The project is located outside the flood hazard area and is not located in an area which will affect the quality, rate and flow of existing groundwater. V. Air Quality Construction Phase During the course of construction some dust and objectionable odor from diesel exhaust and asphalt paving may be created. However, dust will be minimized as a result of site watering required by The CHECKLISTEXPLANATIONS Page.2' City and *' uality Management District reculatioOdor effects shall be eliminated upon the completion of the projec?'No additional stationary equipment is proposed that could generate additional emission as part of the project. operational Phase Odors associated with the preparation of food items during the regular operation of the restaurant facility are anticipated to be generated and will be noticeable to the surrounding area. Odors and their sources are not specifically regulated by the Air Quality Management District Regulations. However, should problems arise with regard to the generation of odors in the vicinity, conditions of approval have been included in the use permit which will require the installation of adequate hood equipment to alleviate such occurrences. VI. Transportation/Circulation/parking Traffic Impact The on -site buildings to be demolished are currently vacant and were formerly occupied by an automobile sales facility. Additional vehicular movement will be generated as a result of the proposed development. The City's Traffic Engineer has reviewed the proposal and determined that based on traffic data of published sources, trip generation rate for the proposed expanded facility would generate an increase of approximately 850 trips per day. Therefore, a comprehensive traffic study was required since the traffic increase of the proposed development exceeds trip generation requirement (300 or more trips per day) of the City's Traffic Phasing Ordinance. Although the increase in the vehicular trips may be potentially significant, the traffic study did not identify any significant traffic impacts associated with the proposed project. Therefore, no mitigation measures have been recommended nor required in conjunctionwith the traffic study for the project. Site Access The existing single access driveway which will be relocated'to the easterly side of the property. The study's analysis of the project access, identified no significant problems associated with the proposed facility and adequate emergency access to neighboring properties is maintained and not affected by the proposed facility. Hazards to pedestrians and bicyclists are adequately addressed by the compliance with City Standards related to sight distance requirements. CHECKLIST EXPLANATIONS Pagel Parkin The applicant proposes to provide 8 employee parking spaces for the facility and the project application includes a request to waive a portion of the required off-street parking spaces. No adverse parking impact is anticipated since the proposal is for a "drive -through only" facility with no walk-up service. Additionally, inclusion of the automobile stacking within the drive -through lanes toward the parking requirement will further accommodate any increased parking demand of the facility. Transportation Impacts The project will not result in any conflict with adopted policies related to alternative transportation. The project is not located in an area which provides any rail, waterborne or air traffic transportation. VII. Biological Resources (Plant and Animal Life) Plant Life The proposed site is located in a developed area of the City and the project will not affect any natural vegetation. Animal Life The project is located in an urbanized area of the community and no significant impact to wildlife would be anticipated. VIII. Energy and Mineral Natural Resources Encr No significant increase in the use of energy is anticipated. Natural Resources The use of natural resources will not be significantly affected by this project. IX. Hazards Construction Phase 'Ilse proposal may include the removal of underground gasoline storage tanks or removal of contaminated soils which may expose construction employees to potential health risk, however, general construction practices will provided adequate protection to the employees and the remediation will reduce any future hazard to a level of insignificance. Remediation will be in accordance with the provisions of the Orange County Health Department. Mitigation Measure No. 2 Prior to the issuance of a building permit, the applicant shall provide written certification by the Orange County CI IECKLI ST EXPLANATIONS Page 4" P Health 1:0-tment. acceptable to the City's BuilDepartment. signed by a licensed Engineer that the area has undergone a soil clean-up process and any gasoline leakage or soil contamination has been cleared. Oneiational Phase The proposed project does not store or utilize hazardous materials on -site therefore no adverse affect on human health is anticipated. The property is not located in an area of increased fire hazard. X. Noise Construction Phase Existing noise levels are anticipated to be increased during the construction period primarily due to construction related activities. Construction noise is short term and insignificant since construction time is expected to be short due to the scope of the project and construction hours are limited to the hours of, operation regulated through the provisions contained in the City Noise Control Regulations(NBMC Chapter 10.28). gyrational Phase Noise generated• by the regular operation of the restaurant facility will be adequately addressed by conditions of approval of the use permit which will require compliance with provisions set forth in the Newport Beach Municipal Code, Chapter 10.28, Community Noise Ordinance. XI. Public Services There are sufficient public or governmental services that serve the area and the project would not create additional demand for these services. XII. Utilities and Service Systems The site has already been served by the utility system and no significant alteration or expansion of existing utility system related to power, natural gas, communications, water treatment, storm water drainage, solid waste disposal or local or regional water supply is anticipated. XIII. Aesthetics The site is located in a commercial zone, and the proposed drive - through restaurant facility would not result in any significant CHECKLIST EXPLANATIONS Page-' i�3 aesthetic inlaas on any existing scenic vista or scer*igh��ay than the other existing adjacent commercial uses. Nenative Aesthetic Effect The increase height of portions of the proposed project has the potential to pose a demonstrable negative aesthetic effect on the neighboring commercial and residential properties. However, the overall height of the project is not abrupt in scale with the commercial automobile sales facility located to the east of the subject property since it will be lower in height. The nearby residential uses will not be visually impacted to any significant degree by the proposed use, since the proposed use is located below the line of sight of the residential uses on.the bluff overlooking the project. Light and Glare Exterior lighting of the project could produce light and glare that would adversely affect the adjacent residential properties. Although the project is tucked into the base of the existing slope and will not readily visible to the neighboring residential properties located above and overlook the subject property, it is anticipated that some of the exterior lighting will be visible to the neighboring residential properties. Therefore the use permit will include standard conditions of approval to ensure that any exterior lighting is designed such that direct rays are confined to the site to the greatest extent feasible. Mitigation Measure No. 3 That prior to the issuance of any building permit the applicant shall demonstrate to the Planning Department that the lighting system is designed, directed, and will be maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the neighboring residential uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in his opinion, this requirement has been met. That 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 determine substantial conformance with the intent of this condition of approval, the control of light and glare. XIV. Cultural Resources The parcel has been developed previously and no archaeological or paleontological resources are expected to exist on this site. There is no impact on the cultural resources or historic structures. CI iECK LIST EXPLANATIONS Page 6' 0 XV. Recrea* J Recreational activities and opportunities would not be affected by the project. XVI. Mandatory Findings of Significance 1. On the basis of the foregoing analysis, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long-term environmental goals that would be compromisedby the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 4. That there are no known substantial adverse effects on human beings that would be caused by the proposed project. Form: FaUSERSWL%**S1URED11FOPJISWEG•DECOIEXPLAN DOC Document•F.NUSERSIPL\,IPLATCONUENDING%TLA•RESMPLAN DOC CHECKLIST EXPLANATIM Page 7 / �e MITIGAfN MONITORING AND REPORTI\fOROGRAM TLA Drivc-lhroughRcstaurant _ 3100 West Coast Highway Use Permit No. 3612 and Traffic Study No. 112 I. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigation measures adopted as part of this project will be carried out. Attachment I summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions.of approval which are satisfied prior to or during construction and verified by plan check and/or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies; standards and conditions of approval. Field inspections will verify that construction conforms to all applicable standardsand conditions. C. Mitigation measures implemented through post-constructionmonitoring. If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will review completed monitoring reports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance.. Final monitoring reports will be placed in the official file.' yo MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY NEGATIVEDECLARATION TLA DrivathroughRestaurant 3100 West Coast Highway Use permit No. 3612 and TraffiicStudyNo.112 SepternberS. 1997 Impicmentation Method of Timinger Responsible Verification Mitilt►tion:vicasures Action Verification Verification Person Date Ill. GEOLOGICPROBLEMS 1. The Applicantwilicomply with the erosionsaid siluition Conditionof Plan Check Priertotheissuamcor anybuildingpcnnit Planning Department and Building Dept control measures of the Chy's grading ordinance and all applicable approval , local and l'tatcbuildingcodcs and scurnicdesign guidelines. Xi. HAMM. 2. Prior to the issuance or a building permit, the applicant Conditioner Plan Check Priortutheissuaneeof Public Wo.s shall provide written ratification acceptable to the City's Building approval anyfladinga buildingpennit Department, and DutldingDepartntenl Department signed by a licensed Engineer that the area has undagonea soil clean-up process and any gasoline leakw or soil contaminauonhas been cleared. X111. AFSTIIETICS Lightand Glare Conditioner Building Permits Prior to the issumccof any buildingpumit Planning Department and Building Dept 3. That priorto the issuance or any building parnit the approval Plat Check, Field applicant shall demonstrate to the Manning Deportment that the inspection as lightingsystemis designed.duectcd.and willbe maintained in such necessary a manner as to conceal the light source and to minle,= light spillageand glare to the netghlaringresidcnlialusmThe ptartsshall be prepared and signed by n licensed 1:1"Irial Unginca. with a tcacr rmm d+c cngmeastaling that, in his upinion.this "hemenl has bean met. That prior to issuance of the ccnificateoroccupancy or final orbuildingpermits, the applicant shall schedule an evening inspection by the Code Enforcement Division to determine substantial conformance with the intent of this Condition of approvar.thc control of light and glare. F;\USERS\PI."I LAREDII PLANCOMIPENDINMTLA•RESTIMrr MSR.DOC Pap I 0 •OTICE OF Pl!BIJC HEARING • Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of: TLA Restaurant (Jonathan Rodriguez-Atkatz,applicant) for Use Permit No. 3612 and Traffic Study No.112 on property located at 3100'West Coast Highway. The project involves the approval of a negative declaration use permit and a traffic study to allow the construction of a 1,500 square foot two-story drive -through restaurant, a 300 sq.ft. storage buildin and related off-street parkin The use permit application includes a request to allow portions of the proposed structure to exceed the permitted height with an elevator shaft parapet wall and mech_ anical screen fence (28 29 feet high where the Municipal Code limits the height to a maximum of 26 feet. A request to waive a portion of the required off-street parking and development standards specified by Section 20 82 040 of the Newport Beach Municipal Code are also included in the use permit application A modification to the Zoning Code is requested to allow an architectural feature (steel - frame facade element 32 feet huh at its peak) to exceed the permitted 31 foot maximum peak height limitation The on site buildings to be demolished are currently vacant and were formerly occupied by an automobile sales facility. NOTICE IS IiEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3200. Notice is hereby further given that said public hearing will be held on the 9th day of October 1497, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For infomtation call (714) 644-3200. Thomas J. Ashley, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. MAp AV. • 1 � VICINITY MAP isk��-- N Is Use Permit No. 3 612 and Traffic Study No. 112 N • • LSA A..Mtn, l.e P-tntiPals Rob Bohn Sbtda Brady ter Grd Da: rd Gore S=e Gunholm Rreh+rdlla,Ltber Rorer Hams .4•: Homnib.t.ten 1/rp Kemm"i, CG,ollyn Lobe! B,tt.tfayer Rvb ,HeGnn Rob Sebonbohe .%falralm/. SP,v.I A „n era It Wo,ab Baer /anrr Bakm cowat fib" Steven W. Contli t Ros, DoUmten Gary Doty IGe64rd Eruiw„ Cent Kellner Liam Lop Ltr.mn Lrt J. 4ib H. AW,n.e W,bw Nlebofb A W. eedl. oranneu A+rbony Pelm Lynerre Sunehne /sU Inbon Lioy! B znL LSA August 15, 1997 Janet Divan DRAFT FT Associate Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Ent,m""WAnal,u, Tuny, won tnimrennt BwloLl and W itLl ndr HAw Rntoutrun Rem,ce Venaitmeet Comm.my and Land Pbnanr L.endrtarr &4itee.re Arrhaenlap and Pdfronrofop Subject: Traffic Study for TIA Restaurant at 3100 West Coast Highway, Newport Beach Dear Ms. Divan: MAssociates, Inc, (ISA) is pleased to provide the following traffic analysis for the proposed TIA restaurant located along West Coast Highway in the City of Newport Beach. The analysis has been prepared at the request of City staff to identify off -site project impacts per the Traffic Phasing Ordinance CM) analy sis, to examine on -site circulation conditions to ensure that the proposed ac- cesses provide adequate ingreWegress to the local street system, and that on. site storage areas are adequate to meet the demands of the proposed project. SUMMARY OF KNDINGS 1. The site was a car dealership, but is currently vacant. One full move- ment driveway provides access from the project parcel to West Coast Highway. The project does not propose any new access driveways. 2. West Coast Highway adjacent to the project site is a five lane arterial, three westbound and two eastbound. There arc no committed, funded projects to provide additional arterial capacity. Improvements to the SR-55 (Newport Botdcva4/5R-1(West Coast Highway) interchange will enhance the operation of this intersection. 3. At the project driveway, approximately 850 vchicle trips per day are forecast to enter and exit the site, with 67 vehicle trips occurring during the a.m. peak hour and 44 vehicle trips occurring during the P.M. peak hour. V 07-J-.\CKB733\TK*T1CL7Yn Du Park Pfaea, Skirt 507 /n"t, Gbfornia 92614 TrJephone 71# S -ow orb" oJJS"s loured in B"irtry fatsinilt 71! JSJ4076 Pt. Riebmond, Ritrnidt and Sa"a+ to E-mail (u jn(litnetrom form Extensive studies have shown that much of drive through restaurant traffic generated at the project driveway is already on the street for DRAFT anode`, pub. These fps am denoted as pass by trips, and account for approximately 47 percent of the total daily and peak hour trips generated at the project driveway. As a result, the proposed project generates approximately 460 new project trips, 37 new I.M. peak hour trips, and 23 new p.m. peak hour trips on the arterial circulation net. work. 4. Per theTnffic Phasing Ordinance (CPO) analysis, no significant impacts are loreost at the study area intersections with the addition of new pro. Jett trips to the circulation network. j. Due to the current provision of a continuous left turn lane along West Coast Highway adjacent to the project (previously used by the car deal• ershlp) and the tow volume of peak hour traffic forecast to turn left Into and out of the project site, full movement access (i.e., left and right turns in and outbound) Is considered acceptable for the project. 6. Per the proposed site plan presented in Figure 1, on -site storage area is available for approximately five vehicles at the menu board and approxi• mately seven vchkks at the ordering location. It is recommended that the first menu boards be moved north approximately 35 feet to provide greatervehicular storage during the most time-consuming (menu seiec- tion) phase of the operation. With this mod& Won, no adverse im• pacts an anticipated with respect to the on site storage of vehicles. •� • 71 ••• The project site at 3100 West Coast Highway was a car dealership, but is cur• rently vacant. The project location is illustrated In Figure 1. The proposed site plan is illustrated in Figure 2. Development of the site would allow for the construction of a 1,200 square foot elevated, drive through restaurant. The proposed site plan retains a single access driveway along West Coast Highway. The existing driveway will be reconstructed and moved east to the easterly edge of the project site. The project does not propose any additional access drive. ways. Project TWp Grneratibts Table A presents the total trip generation resulting from application of the Institute of Traffic Engineers (rM industry standard trip rates to the proposed 1,200 square foot drive through restaurant. The source of the trip rates is the February 1995 Update to the Fifth .8d1tlon of the iI'E ?Trip Generation manual (Land Use Code 834: Fast Food Restaurant with Drive Through Window). The project h forecast to generate approximately 850 avenge daily trips (ADT), with 67 vchide trips occurring during the am. peak hour and 44 vehicle trips occur- ring during the p.m. peak hour. 17th Sf h, k. HOSPITAL Cy J RD PROJECT SITE 9�� � a ao h �T BwrSfD NCH LEGEND: eOR O Study Intetsedions O W/971CM733) - N LSA No Scats Figure I DRAFT Location Map and Study Intersections h I Wfn(CNS733) 4? N LS 1- 1OS& T� OMAN Ma w ,•• up ^ /AICA M[ i�1M0.U�T IMC ,w "C • I • 1 DRAFT ft Figure 2 r ., Site Plan 2 J Q M Anxtatr; trw- d Use Size re -Through Restaurant 1.20 Trip Rate t Trip Generation Pass -by Trips New Table A - Trip Generation !f wj DRAFT In Out Out Total 710.08 28.49 27.38 55.87 19.01 17.55 36.56 852 34 33 67 23 21 44 dv� -3q2 15 15 30 11 10 21 0V1, -�4604-- 19 18 37 12 11 23 Notes: s Institute of Transportation Engincers, Update to the FVb Edition of Trip Ceneratton, February 1995. 71e Thousand Square Feet 8/14N7 (7•cCVB733V7JPGEVX1S) I i IS A,,..u:eJet For purposes of this project analysis, the average trip generation identified in Table A is used to determine traffic conditions on site and at the project drive. ways. Per the iTE Trip Generation manual, much of the restaurant traffic generated at the site driveway is already on the street for another purpose. Based on logarithmic equations contained In the M 7itp Generation manual, DRAFT approximately 47 percent of the daily, a.m. peak hour, and p.m. peak hour volume involves vehicles passing by the site on their way to another destina- tion. This factor is applied to the daily and peak hour trips generated at the project driveways in Table A. As a result, the proposed project generates app;oxi. mately 460 new project trips, 37 new am. peak bour trips, and 23 new p.m. peak hour trips on the arterial circulation netwodr. These "new project trips" arc used to determine off -site project impacts per the Traffic Phasing Ordinance CM) analysts. Project Trip Distribution Figure 3 presents the trip distribution plan for the proposed project. Tate distribution plan is based on the trip distribution patterns identified for other recently approved fast food restaurants along West Coast Highway, and shows project trip distribution percentages toArom the project site. The proposed project trips are distributed equally east and west of the project site. Once on the arterial street system, the project traffic will disperse onto the Balboa Penla. sula and to other local destinations. The project trip assignment is based on tale application of the project trip distrbution to the trill gencration. The total trip generation is identified at the project access. Based on the assignment plan, "new project trips' identified in Table A are assigned at the TPO study area intersections. Figure 4 presents the peak hour project trip assignment at the study area Intersections. TRAFFIC PHASING ORDINANCE (IVO) ANALYSIS Consistent with the City of Newport Beach AdmLtistrative Procedures for imple• menting the TPO analysis, trips are generated, distributed and assigned to the seven study area intersections presented in Figure 1. These intersections were selected because they are anticipated to be influenced by traffic generated by the proposed project. The list of intersections was reviewed and approved by the City Engineering staff. Odsting traffic conditions for the Intemecdons are based on winter/spring 1996 and 107 counm The Intersection at Newport BoulevarcUYia Lido is based on a wintcr/spring 1994 traffic count. &(10MXNF7ZTLkF?7C Uto a t1� a+iani(a:rvviaal N �Al� NoSak DRAFT Figure 3 Project Trip Distribution rtn sr �! 4� _'I S MPMAL f ` rCy RO J� e t r PROJECT `" � �g •� ,�ArSm rClt LEGEND: tom! AM/PM Peak Hour O Z17 PmjectTnfficVolumu *Swbawdm mf%"ft prrDy atp ndre�bn ��k MOVWnWA d n@S10MM - W13M(CNB733) N Nosak Figure 4 DRAFT Project Trip Assignment Committed project traffic volumes at the study area intersections are taken from the City's cumulative projects list prepared on August 4, 1997. CUMULI• tive growth volumes, also Included In this analysis, are based on City of New- port Beach Regional Traffic Annual Growth Rates for street segments within the City of Newport Beach boundary. D• `• FT one percent riwpc volume Analysis The 'One Percent Tragic Volume Analysis' tests, as defined In the Traffic Phas- Ing Ordinance No. 86-20, consist of a series of comparisons between the One Percent Test volumes and the proposed projects peak period trip assignment for the four study area Intersections In the City of Newport Beach. 'fie test year for the analysis is 19", one year after occupancy of the proposed project. The 'One Percent Traffic Volume Analysis' worksheets are presented as an attachment. The results of the *One Percent Traffic Volume Analysis' are summarized in Table B. Ibis table Identifies the seven study area intersections, along with their respective peak period comparison volumes. For each approach leg of an Intersection, the 1999 am. and p.m. peak period one percent test volumes, the proposed projeces peak period trip assignment, and a comparison of the pear period volumes arc presented. Under the 'Project Volumes Exceed 1% Test Volumes; those approach legs to an intersection where the project volumes exceed the one percent test volumes aic identified As outlined in the Administrative Procedure for Implementing the TPO, critical intersections are defined as those locations In which project generated traffic adds one pcnrnt or more to the peak 2.5 hour period traffic volume, to any leg of the Intersections in the committed plus project conditlom As Indicated in Table B, the intersection of West Coast Highway/Tustin Avenue will exceed one percent of the Intersection approach volume during the am. peak hour. It should be noted that the 1999 one percent volume is one vehicle in the am. peak period. The project will add two vehicles in the am. peak period As a result, intersection capacity utilization (ICU) analysis Is required at West Coast Mghway/rustin Avenue during the a.m. peak hour. Intersedlon Capacfty Utilization (ICU) Analysis The ICU methodology examines the turn volumes for each intersection to determine the volume%apacity (v/c) ratio for each movement. Conflicting turn movement volumes and their We ratios arc then examined to determine the overall capacity udUzadon for each intersection in the form of a v/c ratio, termed ICU. In effect, an ICU Is the percentage of an intersection's capacity needed to adequately accommodate all vehicles traveling through the Inter- section. Hence, the higher the ICU, the higher the percentage of capacity utilization, where an ICU of 1.00 would equal the utilization of 100 percent of the Intersection's capacity. With lower capacity utilization, residual capacity will ant v7*4-.VM733\TUMC.LT1t* F9 Table B • Traffic Pbasing Ordinance Crpo) leterseettoe Anaiyaia Summary 9 1%71104 YOWYa 1%17111 YOLLUZ 1a0)sCrnAK PERIOD M" 102CaID 1%7!O ZZC=I%7T0 r/ vri30ueCnoN AUMXPMOD PWMAXPaa1OO All 7OGL 902 70TAL AI PJrAXNOOR PUPRA3[iIOOR xu ICO tcV taw7e Na as a Ira Na n a era Na a a wa Na n a va Na !a a as Na n a A Air H[ Alt i'42 A% PM ^'➢a+2a°"L'r♦O�a«+(inq 4s 40 12 s 44 77 90 9 ♦ ♦ 0 O 2 2 0 a.dn.i4 prs)rritib(lfA7j 51 27 0 9 !! 20 O s 0 NO NO NO No NO NO NO NO abi-ftPw /A (KhlCr MW—r M 32 32 30a 2s » Z 40 04 f • O 0 ♦ 4 0 0 NO NO NO NO Poo NO NO NO 1MwQYR)R's.t Nylw7(If� O 7 !9 99 1 33 40 79 4 O 2 4 10 2 2 2 s NO No Poo No ND No No No �'�QWi'C+K11Q/1►) 0 1 9f 42 O 2 92 as 2 Is is O 2 12 10 No No No No No NO NO NO Dr swph�Dr. QWAC mw w)AA) 4 2s 41 " 2 90 94 104 0 2 is 14 0 2 10 30 No 7a No No No No No No nfa o.91 aao D'I^(xMA�INN+w7Na) 9 ! 73 47 35 4 73 T4 O 4 I4 12 O 2 a a NO NO NO NO No NO No NO 2 0 12 10 2 0 a a No No NO No NO NO NO NO DRAFT r 1 U —� a2197(cw�a7t1i7roc4tczcp . • . I.SI 1 ..:..•.. /v. prevail. The ICU calculations presented in this analysis are consistent with the City of Newport Beach TPO Implementation guidelines. As required by the TPO implementation guidelines, critical intersections, where DRAFT project volumes exceed the one percent test volumes, will need mitigation if the project causes an intersection to exceed an ICU of 0.90 or makes worse an Intersection that already exceeds the 0.90 threshold during the am. or p.m. peak hour. 7be ICU analysis worksheet for Coast Highway/I1rstln Avenue is included as an attachment to this report. The ICU worksheet Indicates that West Coast Highway/rustin Avenue operates below the 0.90 durshold today, but is forecast to operate with an ICU of 0.92 (LOS E) in the future cumulative condition. 'Me addition of the project traffic does not affect this ICU value. The intersection is forecast to remain at LOS E (ICU of 0.92) with the addition of project traffic. Therefore, per the TPO analy sis, no significant Impacts are forecast at the study area intersections with the addition of new project trips to the circulation network. PROJECT SM ACCM As identified in the site plan presented in Figure 2, one driveway is proposed to provide aooess to West Coast Highway. Tbc existing driveway will be relocated further cast to the easterly boundary of the project site. Currently, a continu• ous tell turn lane is provided along West Coast Highway to allow left turns In and out of the project site as well as full movements to adjacent properties. Full access was provided via the continuous left turn lane to the previous car dealership on the site. lu purpose of this on•site analysis is to ensure that adequate access to and from the lord street system could be provided via the relocated existing access driveways, and to examine whether full or partial access can be provided based on the ability of project traffic to enter and exit the site without conflicting with the traffic flow on the adjacent arterials. Based on the trip assignment presented In Figure 4, approximately 17 left turn movements are forecast in and out of the project site during the peak morning commute period. This is approximately one vehicle every tlure minutes on a random basis. Signalized intersections exist along West Coast Highway at Riverside Drive and southbound Newport Boulevard ramps to potentially platoon vehicles, providing some gaps in east and westbound through traffic. No obstructions to sight distance are evident In the vicinity of the project access location. As the continuous left turn lane currently exists and has provided full move- ment access to the previous land use and adjacent restaurant land uses, and.as the left turn volume of traffic Into and out of the site is relatively nominal, maintenance of full movement access is considered appropriate for the project site. at 071KMCKB733\7iAFflCL•I Vr ,]1 •i VEHICLE ST ORAG,E AREA ANALYSIS According to the project description provided by the applicant, the site has been designed to minimize the of time a consumer will have to spend on site. The point of sate and the food preparation systems permit order times of less than 60 seconds and food delivery times of less than 50 seconds. One variable that cannot be quantified for this analysis Is the time spent by the patron in reading the menu boards and making an order selection. But the applicant is projecting a maximum duration of 8.00 minutes per vehicle. According to the project trip assignment, approximately 34 vehicles per hour will arrive at the site during the a.m. peak hour, or almost one vehlele every two minutes based, on random arrivals. Using the 8:00 minutes maximum duration estimate, four vehicles would arrive prior to the departure of the initial preceding vehicle. In this system, a total of 16 vehicles would be on site at a given time with a trip generation of approximately 34 vehicles per hour. the project description and site plan Indicate a total queuing area available for 30 vehicles. lberctore, the site Incorporates adequate vehicle storage for as much as twice the reported trip generation. Hued on this analysis, adequate storage is provided on site. The location•of the first menu boards, however, may create limited queuing area during menu selection. Approximately live vehicles may queue up to the fast menu boards, Given the trip generation estimates, the maximum duration and the uncertainty In time of patron menu selection, It is recommended that the first menu boards be moved approximately 35 feet north to provide an queuing area tot five additional vehicles. We appreciate the opportunity to prepare this traffic analysis. I trust that you will find the analysis useful in your planning needs. Should you have any questions, or if I can be of further assistance, please do not hesitate to call me at (714) 553*W. Sincerely, ISAASSOCIAMS, INC. DRAFT Anthony Petrol Associate Attachments: 1% Traffic Volume Analysis Worksheets cc: Javier S. Garcia, Senior Planner $A 07.1:K;NB7331muFnCtmrr 12 �1 I %. Traffic Volume Ai6sis NEMRT BOULEVARD / HOSPITAL ROAD Inlerseclx� ( Existing Traffic Volumes Based on Average Winterl Spring 19 97 AK ) Project Traffic to estimated to be tau than 1 % of Projected ElPeak 2112 Hour Traffic Volume. Project Traffic Is estimated to be greater than 1 % of Projected 11 Peak 2 W Hour TraMc Volume. Inteneetlon Capacity tltifixallon (I.C.U.) Analysis is required. OATS: Wall PROJECT: >a RWOCY w 1 % Traffic Volume Aalysis Wewuon REMPx BOULEVARD / 80SPITAL Roes Existing Traffic Volumes Based on Average WinterlSpring 1997 Plc ) Approach Dlncuon Eaisuno Peak 2 112 Hour Volume Peak 2 V2 Hour Raglonaf Growth Volume Approved Proff•cte PEAK 3 112 Hour Volume Projected Peak 2 tf2 Hour Volume 1 % of Pro acted j Peak 21f2 Hour Volume Pro Jed Paak 2 112 Hour Volume Northbound 4078 82 200 4360 44 2 Southbound 7371 147 203 7721 77 2 Eastbound 2874 0 144 3018 30 0 Westbound 898 0 0 898 4 0 Project Traffic Is aaumatod to be toes than 1 % of "acted X Peak 2 V2 Hour Traffic Volume. Project Traffic Is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Votums. Inlorsectton Capacity V MUtIon ( I.C.U.1 Analysts is requtrod. 0� DATE; PROJECT. 9 MwJd 11 1� Intersect (Existing Traffic 1% Traffic Volume Analysis NEWPORT BL/VIA LIDO umes nasea on Approach Existing Peek 24 Hour leg", Approved Projects Projected is of Projected Project Direction Peak 2y Hour Growth Ptak N Hour Peak 2% Hour volume Peak 2% Hour volume peak volume volume volume Volume Northbound 3075 0 10 3085 31 6 Southbound 2707 0 0 2707 27 6 Eastbound 45 0 0 45 0 0 Westbound 907 0 0 907 9 0 Project Traffic is estimated to be less than 1% of Projected Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 3 of Projected [� .Peak 2h Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE: �t PROJECT: FORM I 1% Traffic Volume Analysis Intersection NEWPORT HL/VIA LIDO (Existing Traffic Volumes based on Average n er pr ng PM Approach Direction Existing Peak 2% Hour Yolum Peak 2k Hour Regional growth Yolw* Approved Projects Peak 2y Hour volume ---------------- hak N Hour Yalu"Northbound frojecWT*E; 3270 0 4 3274 southbound 4975 0 6 4981 50 •4 Eastbound 25 0 0 25 0 0 westbound 823 0 0 823 8 0 ® Project Traffic is estimated to be less than 1% of Projected Peak 2h Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected [] Peak 2k Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. DATE.- �i PROJECT; FORM I 4 %� Ngfe 0, 1 % Traffic Volume Arosis c`V'Oe,e ��Wb COAST HIGHWAY/&ALWA ELVD-SUPERIOR AVE ( Existing Traffic Volumes Based on Average Winter/Spring 1996 — Ax Project Tratfio If aa6matad to be late than 1 % of Projected X Peak 2112 Flax Traffic Votuma Project Trafrw Is aatimattd to be greater than 1 % of Projected Ptak 21/2 dour Traffic VoMTa. Intersection Capacity Udrz2tlon (I.C.U.) Analyala G reQuked. q� PROJECT: 1wla DATE: 0 1 % Traffic Volume &sis Inle5ecUm COAST RIGWAT/MMA BLVD. -SUPERIOR M. Existing Traffic Volumes Based on Average Winter/Spring 19 96 - Px Approach Direction witJng Peak 2 1f2 Hour Volume Peak 2 112 Hour Regional CrowN Volume APprov6d ProJecto PEAK 2 e Hour Volume Projected Peak 2 1/2 Hour Volume 1 % of Projected Perk 21n Ftotr Volume Project Peak 2 1@ Ftou Volume Northbound 3234 0 32 3266 33 2 Southbound 2499 0 10 2509 25 2 Eastbound 5544 111 350 6005 60 2 Westbound 5589 112 733 6434 64 6 j Project Traffic Is estimated to be tote than 1 % of Projected u Peak 21f2 Four Traffic Voluma. Project Traffic Is o0mated to be gnator than 1 % of Projected Peak 21f2 Hour Traffic Volume. Intersection Capacity Uliltzilion ( I.C.U.) Mslysla Is requ red. $1. PROJECT; e ntwt�t DATE: 1 % Traffic Volume 3�t�lysis a.°.� ItliefSCCbOA COAST 9IMA2 / RIVERSIDE AVEM ( Existing Traffic Volumes Based on Average Winter / Spring 1997 AM a Project Traffic to han estimated to be lass t1 % of Projected Peak 21/2 Flour Traffic, Volume. El Project Traffic to estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intanacdon Capacity 1Jt,7z2tlon (1. M ) Analysts is reyutrd. M DATE: PROJECT: 1ukv :1 0 1 % Traffic Volume4halysis Wfsecuon COAST RIGmfei / )LIMRsmc AVEKUZ ( ExisUng Traffic Volumes Based on Average WinterlSpring 19 97 PH (� Project Traffic Is estfmsted to be lest than 1 % of Projected u Peak 21f2 Hour Thift Volume. Project Traffio It estimated to Ee praster than 1 % of Projected Peak 2112 Hour Traffic Volume. intarsectlon Capacity Utilization ( I.C.U. ) Analysts to requlrsd. s b PROJECT: 0 ,".1 DATE: >4 1 % Traffic Volume A ►sis c`"pe"r Inlersecfioe COAST HIGHWAY/TOSTIN AVE ( Existing Traffic Volumes Based on Average WinterlSpring 1996- Am ) ❑ Project Traffic Is estimated to be lass than 1 % of Projected Peak 2112 Hour Traffic Volume. �' ;'j Project Traffic to estimated to be greater than 1 % of Projected II�A..JI Peak 2112 Hour Traffic Volums. Intersection Capacity Ut+Tizatlon (I.C.U.) Analysts Is reputrd. PROJECT: e ......f 1 % Traffic Volum*,alysis Inlersedon COAST HIGHWAY/TUSTIM AVE Existing Traffic Volumes Based on Average Winter/Spring 1996 - rx Approach DiractIon FxitUnO Ptak 2 112 Hour Volume Pak 2 1f2 Now Regional ffrowlh Volume AP�ed roleota PEAK 2 112 Haw Volwne Protected Peak 2 112 Four Volume 1 % of Projected Pak 21f2 Flour 111 Volume Project Pak 2 1f2 Ha, Volume Northbound 7 0 0 7 0 0 $"bound 208 0 8 216 2 2 Eastbound 4463 89 689 5241 52 10 Westbound 5654 113 986 6753 68 10 Project Traffic tit atlmatod to be toss than 1 % of Projected Peak 2112 Hour Trafflo Volume. j — Project Traffic It etUmsled to be greater than 1 % of Projected U Peak 2112 Hour Traffic Volume, tntereectlon Capsety UUntation (I.C.U.) Analyst* Is required. DATE: PROJECT: 0 :WA`m a4W Nqr 16, 1 % Traffic Volume Arliis Inlerseciloe COAST HIMAT / DOVE DRIVE — BASSHORE DRIVE ( Existing Traffic Volumes Based on Average Winter/ Spring 19 97 ex ur APp�wd Projected 1 % of Projected Project Projeets PEAK 2 12 Hour Peak 2 112 Hour Peak 212 Hour Peak 2 12 ur Ho Volume Volume Volume Volume 0 352 4 0 266 2875 29 4 952 6131 61 14 616 5538 55 12 Project Traffic is estimated to be less than 1 % of Projected Peak 212 Hour Traffic Volume. Project Traffic Is estimated to be ynater than 1 % of Projected Peak 212 Hour Traffic Volume- Intersection Capacity VtirizaUoo (I.C.U.) Andysis is required. PROJECT: 0 _..... DATE: 1 % Traffic Volume Oalysis G``rO"� Inler�clion COAST HIGHWAY / DOVER DRIVE — BA2SHORE DRIVE ( Existing Traffic Volumes Based on Average Winter/Spring J997 PH ) Pr., at Ptak 2 Vr2 How Volume 2 a s �j Project Traffic to osVroaltd to be toff than 1 % of Projected u Peak 21f2 Hour Traffic Volume. ❑ Project Traffic is utimsted to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity UGVzaUon (I.C.U.) Analysis U togdred. IS DATE: PROJCCT: >' 10 1 % Traffic Volume a,ysis V pr�°a�•J lalersection COAST HIGHWAY/BAISLDE DRIVL ( Existing Traffic Volumes Based on Average Winter I Spring 19 96 - AK ) Projected 4k 2 112 Flour Volume 1 % of Projected Peak 2 M fiorr Volume Pr :tat Peak 2 1R Hour Volume 902 9 286 3 0 7291 73 12 4722 47 10 Project Traffic ii estimated to be loss than 1 % of Projected X Peak 21f2 Hour Tratfic Volume. ❑ Projact Traffic Is estimated to be greater than 1 % of Projected Peak 2 12 Hour Tratric Volume. Intaraaclion Capacity UUQulion (I.M) Analysis is required. DATE; PROJECT; E rWr7 • 1 % Traffic Volume Affal sis 0 F Gtrlo��� HkrgCiiOA IYIVMI' COAST flIGffilAT/EAiSIDE DRIVE ( Existing Traffic Volumes Based on Average WinterlSpring 1g 96 - arc Project Traffic Is aUmatd b be lots than 1 % of Projected El Ptak 2112 Hour Tratfic Volume. (") Project Traffw Is asUmstad to be greater than 1 % of Projected {I JI Peak 2112 Hoer Trafrum o Vole. tntatseVI+Ti ction Capacity zaUon (I•C.U.) Anslysla Is req**& DATE: PR W ECT : —��• CR2635AM INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: MAST NIGMY L TUSTIN AVENUE 2635 EXIST TRAFFIC VOLWS WED ON AVERAGE GAILY TRAFFIC VINTER/SPRINO 1996 AN ............................................................................................. EXISTINGIPRDPOSED EXISTINGIEXISTINGIREGIONALICOMMMITTED PR0IECTEO PROJECT PROJECT IMovement lanes I Lance PK 1Dl I V/C j GROWN PROJEtt Y/C Ratio Yolur V/C I I CapaottY CapacitY'1 Votuma I Ratio Volume Yolur w/o Project Ratio 1!j I ( Volume _...............i........i................................................................ .00 0.00 .......) ..................)........................................:...... NT 16001 1 0 0.001 0 1 0 1 0.00 1 0 10.00 .) ..................)...0............__................. .00i 0 . 00 .........................i..... ....._.... ....i.. ..0.00...I..0 .10.00 i..O 8.....1 33 1........) ..................)............................................... I $T 1600 1 1 2 0.04 a 0 1 0 1 0.04 1 0 10.04 I 1........) ..................)................................ I$R 1 1 16 1 0 1 4 I 0.00 11 10.00 .................................................................................... I EL i MOO 1 1 42 L 0.03 11 1 1 1 0.03 1 1 ....... 10.03 ET i........j...uAo..........i 47 426...i..0.88 .i...7..10.88. ......... •ER............ •) 3200 ..................) 0.73 .............00 o . ................i........i......o i..._....i..O....i...o ....1..0.00...1 ...0..1 0.00. ........................................................................................... I yr I caoo 1 1 less 1 0.32 131 i 267 1 0.39 1 8 10.39 1.:......................................................................................... uR 1 16001 1 361 0.021 1 1 2 1 0.00 1 0 10.00 .....................••••............................................................1 EXISTING 1 0.77 1 1 (EXIST • REG GROwTN • MITTED V/PROPOSED IMPROVEMENTS I.C.U. -I 1..................................... I ........ .................................. !EXISTING • COMMITTED • REGIONAL GROVTN • PROJECT I.C.U. ............................................... :............................................. 10.92 1 1_1 Projected • project traffic wilt be less than or equal to 0.90 I)q Projected • project traffic I.C.U. will bo greater than 0.90 1_1 Projected a project traffic I.C.U. w/systems Iaprovrnnt will be less than or egmt to 0.90 1_1 Projected • project traffic I.C.U. with project Isprovements will be less than I.C.V. wlthout project ......................................................................................... Description of system isprovanent: PROJECT FORX 11 CR2635AM 1� AENVIR* O RO INC. vCompta,;Ye Fa vmncnW s«vka t TlehnolM 'PHASE i ENVIRONMENTAL SITE ASSESSMENT REPORT Conducted at 3100 Wes! Pac& Coast Hwy Easterty Portion Newport Beach, CA July 1 o,199T Enviropro, Inc. Project No. E0838001 Prepared for UA Incorporeted do Mr. Joe Govola Goveie 3 Aasoclabs 11 Blue Jay Drive Atrso Viejo, CA 92656 9715 Ctos Artaue o Chsilwatt1, CA !Sill • 111•991.71f7 . FAX 11t•991.72Si ll�. A&ENVIROPRO INC. VCow6axaw Eammmycal swvkm A 7t� July 10, 1997 TLA Incorporated do Mr. Joe Goveia Goveia & Associates 11 Blue Jay Drive Arm Viejo, CA 926W Project No. EO838001 Subject: PHASE 1 ENVIRONMENTAL. SITE ASSESSMENT AT: 3190 Ved Pacific Coaat H" -- NoY=rt ftach.CA Dear Mr. Goveia: Enclosed you %AAN find Enviropro, Inc.'s Phase I Environmental Site Assessment Report conducted for the above -referenced property. If you have questions or need further information, please call us at 818-998-7197. Sincerely, ENVIROPRO, INC. Avila[ OrNeau, R.E.A. # 006663 AHERA Asbestos Budding Inspector # 1E11309281C Michael M. Uziel, Ph.D. Vice President/Principal Engineer A011e .wk"o 9765 Lto■ Arerae • Chatsworth, CA 91311 • b1f-ffl •?197 • FAX 911.99E-7259 1 11 1.0 EXECUTIVE SUMMARY....................................................................................... 1 2.0 SCOPE OF VK............................... ............. .......... ........ .......... I ............ I .......... 1. 1 3.0 SITE OVERVIEW.................................................................................................... 2 3,1 Location...............................................................................................................2 3.2 Site Des 000n..................................................................................................... 2 3,3 Adjaoent properties ................................................................................................. 5 4.0 SITE HISTORY AND OPERATIONS ................ ....... ......................... I..................... 5 4.1 Results of Sanborn Map Review...........................................................................5 4,2 Results of the Aerial Photograph Review.................................................................0 4.3 Results of the Munger Oil Map Review.....................................................................7 5.0 SITE SETTING .......................:..................................................I............................. 7 5.1 Topographic Setting................................................................................................ 7 5.2 Regional Geology......................................................................................................7 5.3 140rogeologicat Setting............................................................................................7 6.0 RESULTS OF THE INVESTIGATION ............ ............ .................. I......................... 8 6.1 Site Visual Inspection Observations...................................................................... 8 6.2 Results of Regulatory Agency Contacts ............................................................... 10 6.2.1 Results of Regulatory Agency Direct Contacts ..................................................... 10 8.2.2 Results of Computerized Records Review........................................................... 11 e.3 Results of the Radon Investigation ............................,.... ........................................12 6,4 Results of the Suspect Asbestos -Containing Materials Survey..............................12 7.0 CONCLUSIONS AND RECOMMENDATIONS......................................................13 8.0 DISCLAIMER....................................................................................................... 14 9,0 LIMITS OF LIABILITY ..............;.......,....,...,.,.......,..,..,.......................................... 14 • 0 nj ..: ; VA A Phase I Environmental Site Assessment was conducted for the property located at the easterty portion of 3100 West Pacific Coast Highway in Newport Beech, California. The purpose of this work was to assess if potential environmental interests that might impact the property may exist at the site or surrounding sites. Conduct a visual inspection of the site to identify readily apparent potential sources or signs of rxmtaminetion. This site inspection Includes a thorough Inspection of the property with attention to potential or present sources of environmental concern at the site. The visual inspection also includes kYetviews with management. employees, and other readily available persons regarding site history, waste handling practices, current environmental concerns, and any other pertinent environmental concerns. Photographs documenting the site visit are presented in Appendix A. Review Historical aerial photographs, Sanbom Maps, and Munger Oil Maps, if readily available, to document the previous uses of the site. These materials help assess past site activities that may have an impact on the property today. Commission a records search and report from an environmental regulatory database vendor for information pertaining to soil and/or groundwater contamination at the subjed site and surrounding properties within a one - mile radius. Contact the following agencies, if possible, to inquire as to whether they maintain any fks on the sulnject property. The following is the minimum list of local agencies to be contacted: The Fire Department The Department of Public Works The Regional Water Quality Control Board The Department of Heatih Services The Department of Toxic Substances Control (EPA) 6 6 • Interview current and previous site owners (if possible) for Information on any chemicals that may have been used, and knowledge of 'any spills and/or chemical leaks that may have occurred at the subject site or knowledge of potential or known environmental concerns. Prepare an overview of the topographic, geological, and hydrogeological settings and information for the subject site and surrounding area from readily available geologic documentation, as related to environmental Issues. • Review research literature on radon investigations performed for the Stab of California. Analyzed pertinent data pertaining to the subject site and the possibility of a radon concem in the subject sM area. Perform a visual Inspection and sampling of suspect asbestos containing materials. Bulk samples were transferred to a state-oertifred laboratory, using the appropriate chain-of�storyy, for analysis. Suspect asbestos samples were analyzed using polarized light microscopy. a Prepare a report documenting the results of the investigation. 3.0 AUDYPRYtf3Ait 3.1 LOCAMON The subject site Is located on the easterly portion of 3100 West Pacific Coast htwy (PCH) in Newport Beach. The site is situated on the north side of PCH, east of Newport Avenue. Please see Drawing 1 for the Site Location Wip. 3.2 SITE DESCRIPTION The subject site is currently occupied by a vacant auto repair shop and showroom offices. The subject site Is a portion of what used to be a larger automobile $ales and repair facility, Newport imports. The subject site contains a large, two-story showroom building, which also contains offices. This bulding fronts along PCH. The rear of the property contains an automobile repair stop with several repair bays and parking area. Please see Drawing 2 for the Site Plot Mn. `6� 1: E svallon Wheel Alignment drum-4 Machines Genera, North Repak torag Bay � � • � � � � oom Paint Booth 0 0 Ehart Repair WOOMW Ba y ,�■ West Repair � Hydraulic Oil ""O"" Bay Reservolrs OW 0MW 0 Fuel Pump MW Underground W 0 MW Tanks Showroom & 9w Offices 0 MW MW 4 Pacific Coast Highway Leaend Drawing Not To Scale MW Monitoring Wei Hydraulic Lift • Abandoned Hydraulic Lilt Aboveground Litt 0 Aboveground New of Tank O 55•gallon drum of waste Enviropro, Inc. Site Plot Plan Orxwtn 2 976$ Eton Avenue Client ame: Chatsworth, CA 91311 Goveia A AssociateMI A Inc. ate: o1 o. pro : Site Address: ly 1997 I E0838001 AA. 3100 W. t'CH, Newport Beach, CA �6 6 3.3 ADJACENT PROPERTIES The sutileet site is situated in a mixed -use cornmerclaftsidentiai area. The adjacent sees are described below: north- a steep cliff is present at the northern border of the site. Atop this cliff are single %mitt' residential homes. southgKc PCH from the subject site is a large hotel. There are also several restaurants and an office building south of the site. Further south Is the Newport say and Pacific Ocean. oast -adjacent to the east, along PCH is a BMW automobile dealership and repair shop. westradjacent to the site is the western portion of the former Newport imports auto mobile dealership and repair shop. Further west is a Chills restaurant, and the Newport Beach Chamber of Commerce. 4.1 RESULTS OF SANBORN MAP REVIEW The Sanborn Map Company provided map coverage for this site. The following is a summary of the available maps provided to Enviropro. Ro�I The subject she appears to be vacant in this photograph. The front auto repair shop for the westerly portion of the former Newport Imports facility is present to the west. The Sanbom map indicates that this bung is used for automobile repairs and painting. There is also a car wash facility associated with this westerly portion of 3100 PCH. Piles of lumber are stored in the rear of the repair bay building. East of the site Is a motel. South of the site, across PCH is a used boat safes strop and storage area, a furniture retail store and associated manufacturing and painting. Southwest of the site is the Orange County Harbour Engineers. 1 The subject site appears similar to today with the showroom building and automobile repair shops. The westerty portion of 3100 PCH has also been further developed with another repair bay beNnd the original building. The surrounding sites appears the same as in the previous map. In 0 1 6 4.2 RESULTS OF THE AERIAL PHOTOGRAPH REVIEW Six historical aerial photographs, tho oldest of which dates back to 1922, were reviewed by an Enviropro, Inc. representative for the Subject property at the UCLA Spence and Fairchild oollections. These photographs were reviewed with attention to possible souroes of environmental concem due to past activities on and around the property. Copies of the aerial phoographa could riot be obtained, and are therefore not Included in this report The fobAV is a description of each aerial photograph raviewed: The subject site and surrounding sites are vacant and undeveloped. The marina is also not developed and PCH is not present. The subject she and sites to the north, south, and east are vacant PCH has been constnrcted. South of the sft, across PCH is a commercial building. The b uildkVs use can not be determined from this photograph. The subject site is still vacant and appears undeveloped. There is an advertising sign located on the subfoct site along PCH, but the ad could not be read in this photograph. North of the site, atop the cliff, is what appears to be one single family residential tome. South of the site is the convr#wdal building. West of the site is an industrial property, and east of the site is vacant The southern 314 of the subject site is being used for mobile home parking in this photograph. The northern 1/3 of the site appears to be used for materials storage for the Industrial silo to the west. These materials appear to be stacks of wood, possibly for boat construction. A motet is present to the east, and additional residential homes are present to the north, atop the cuff. South of the site is a bait shop (a sign cart be read on the budding) and what appears to be a bus and boat maintenance facility. The subjed site appears similar to today. The properties adjacent to the north, east and west appear similar to the previous photograph. South of the site, across PCH, Is a commercial property which appears to be associated with the marina, its use can not be determined from the photograph. 6 0 The subject site and surrounding adjacent dies appear similar to the 1955 photograph. However, south of the site, across PCH is what appears to be a hotel and parking lot 4.3 RESULTS OF THE MUNGER OIL MAP REVIEW There we no former or present oil wells noted in the maps on or immediately adjacent to the subject site. Therefore there is little likelihood for concem due to former or present oil web on the subject site. There is an area of oil exploration south and southwest of the subject site, approximately 1000 feet from the subject site. These wells are a significant distance from the subject site so that they most likely do not pose an environmental concern to the subject site. PMEF 11/1. s.1 TOPOGRAPHIC SETTING The subject site is situated at an elevation of 10 feat above mean sea level and Is located approximately 400 feet from the Newport Bay which connects to the pacific Ocean. The elevation increases dramatically at the northern border of the subject site, where a cliff rises to 75 feet above mean sea level. 6.2 REGIONAL GEOLOGY The subject site is located along the shore of the Pacific Ocean and at the base of a 75-foot tall cliff. The soils at the subject site and immediate area can be expected to be sandy. 5.3 HYDROGEOLOGiC SETTINO Because this s1te is so close to the Pacific Ocean, groundwater can be expected to be quite shallow. in addition, groundwater quality can be expected to be poor due to salt water intrusion. The groundwater elevation can also be expected to be greatly influenced by the local tides. some groundwater elevation information has been provided by a groundwater monitoring report prepared by WA Consulting, Inc. who installed and has performed quarterly monitoring for eight groundwater monitoring wells on site. According to their information, groundwater is present at approximately 7 to 7.5 feet below ground surface. 0 Outlined below are the results from the visual inspecWn, regulatory agency search, oomputerized records search, radon review, and suspect asbestos inspections. 6.1 SITE VISUAL INSPECTION OBSERVATIONS A visual inspection of the site was conducted on June 28.1997. tt involved a walk through of the subject property and the immediate vicinity by, Avital Olfveau, an Envkgxo, Inc. representative. to identify possible sourm of environmental concern. The site Inspection was led by Mr. Joe Goveis, a representative for the buyer. There were a number of environmental ooncems noted at the subject site and in the western portion of 3100 PCH, which is not a portion of the property being purchased by Enviropro's client, but was part of the former automobile sales and repair shop known as Newport Imports. The first Item of environmental concern is the groundwater contamination which is apparently present as described in ttro MJA Consulting, Inc.'s 'Groundwater Monitoring Well Sampling and Gradient Assessment, Second Quarter 19or report. Apparently. one or more underground tanks on site (Mr *h were replaced) leaked. This report describes the latest round of groundwater sampling (from the data of this Phase 1) conducted for the eight monitoring wells on sits. Of these eight wells, only one Is ocated on the subject site. The remaining seven wells are bcated on the western portion of 3100 PCH. he groundwater underlying the subject site appears to be contaminated with gasoline and BTEX (benzene, toluene, ethytybenzene, and total xytenes). Throughout the years of sampling (2190-107) concentrations of gasoline have ranged from nondetccded to 61,000 ppm. The most recent round of groundwater sampling, ootlected on Juno 20, 1997 shows the following results: 101 • 0 TABLE 1 Groundwater Anatyttcat Results • June 1997 3100 West PCH - Newport Beach, CA Well No, TPH9 B T E X MTt3E MW-1 750 <0.5 <0.5 <0.5 <0.5 21 MW.2 200 <0.5 <0.5 <0.5 <0.5 53 MW-3 <50 <0.5 <0.5 <0.5 <0.5 8.2 MW-4 <50 <0.5 <0,.5 <0.5 <0.5 2.6 MyuS A <50 <0.5 <0.5 <0.5 <0.5 25 MW-8 15,000 20 <4.3 <4.3 2,820 11 MW 7 <50 <0.5 <0.5 <0.5 <0.5 1.2 MW-8 <50 <0.5 <0.5 <0.5 <0.5 1.5 The historical analytical groundwater analyses show that the concentrations of gasoline and BTEX are steadily decreasing through time. Please note that the underground tanks present today are located on the western portion of 3100 PCH (not a part of the subject site); however. the fuel pump is located on the subject site. The second item of environmental concern noted onside are the four double and six abandoned single hydraulic NM. Please we the Site Plot Plan for their locations. Each of these hydraulic lifts contains a small underground tank of hydraulic oils. For the abandoned lifts, it is unknown if these Gtts were decommissioned because of a leak which stopped the operation of the Bft, or simply because it wasn't used. Please note, two of the double lifts apparently have aboveground tanks which contain their hydraulic of. A third Kom of environmental concern noted on site are the 21 55-gallon drums located at the northeast comer of the site. The drums were unlabelled and full. For safety reasons, the drums were not opened to assess their contents. The asphalt underlying this drum storage area was also etched with circular drum markings, which could indicate historical leaks. A fourth item of environmental concern noted on as are the numerous aboveground tanks and drums of new and used oil and filters. These tanks and drums are located throughout the subject site. Please see the Site Plot Plan for their locations as noted during the site Inspection. A fifth item of environmental concern noted on site is the oN staining underlying a small generator near the northeast comer of the site, within a covered shed. It is appareM from the staining that oN has leaked from this generator onto the underlying asphalt. 9 �6� 0 M .' Another item of environmental concern to the subject site which is located on the westerly portion of 3100 PCH is the paint booth. The paint booth is located near the western end of the site: please we the SRO Plot Plan. Paint spills were noted near the paint booth and painting operation within a paint booth are known to pose a potential risk for solvents and other regulated compounds to have aRected the underlying soil. There were two pole -mounted transformers observed near the northeast comer of the site, behind the property tine. Them transtomxxs are owned by Southern California Edison, who has indicated in a written notification to Wropro, Ina that they no longer have POScontaWng transkrrners, and that their agency has never spedW PCB -containing transformers In the past. Therefore, there is little concern due to PCBs from these transformers. 6,2 RESULTS OF REGULATORY AGENCY CONTACTS : � �� ,b • � hf. .�1 •d : � 1 b �ILL�r.� � •r.�ii A regulatory agency search was conducted for information pertaining to soA and/or groundwater oontemination at the property located at 3100 West Pacific Coast Highway in Newport Beach, California. The following Is a fist of the agencies contacted and responses received: - A. Riverside Regional Water Quality Control'Board (CRWQCB): Records were found for the subject property acceding to Ms. Margie Quiroz B. Orange County Health Care Agency: Records were found for the subject property according to the ftr a clerk. C. Newport Beach Fire Department Records were found for the subject property according to Ms. Nadine Meschusky. E. Caliromia Environmental Protection Agency, Department of Toxic Substances Control (DTSC): No records ware found for the subject property according to Ms. Julie Johnson of DTSC. to 0 A record search was conducted by Emriropro, Inc. through Vista ErMronmentars (Vista) database servsoe for the subject site and surrounding sites within a one - mile radius. Please note that the statements made below are based on this database search. Enviropro, inc. has no control over how current these listings areTherefore, them is a Ikeeitrood that they may not represeM the entire sum of known or potential hazardous waste or contaminated sites. The accuracy of tits Vista report is constrained by the limits of care and pm%ssio W skill exercised by the subcontractor. The database report can be found In Appendix S. Newport Imports Is listed several times in the database report as having a tasking underground tank and as being under county oversigM for groundwater clean-up. According to the database report, groundwater is oonta *aced by gasoline on site and further remedial investigation is required. The site is also listed as a large quantity generator of hazardous waste. there are five other sites within a 114 mile radius from the site which aro also Gsted as having a leaking underground tank. According to the database report, Crese ftve sites have received closure or have cored ramed'rstim, and are Throfore not oonaidenad to be an envirorxnental concern to the subject site. The Harbor Club Marina, located at 3333 Pacific Coast Hwy, and Newport Cleaners, located at 106 Tustin, are listed in the database report as conducting a groundwater remedial investigation due to gasoline or other contamination. According the address, these sites are located downgradlent from the subject site and most likely does not pose an environmental concern. The upgradllent sites fisted in the database report are the Newport Beach City Landfill, the Newport City Corporate Yard, the A and G Garage, and Hughes Aimmit. The landfill is currently closed, and was a solid waste disposal facility. The corporate yard is listed as requiring no further action by DTSC. it also had contamination related to a leaking underground tank, but the case has been dosed. These two sites are not considered to pose an W*oraWW concern to the subject site. The garage and Hughes Aircraft are a significant distance from 'the site as not to pose an environmental concern to the subject site. The database reportlists three unmapped sites. No locating information is available in the database report to quantify the saes' locations. These three sites are landfill sites. The aerial photograph review did not reveal a landfill within the immsdiate area of the subject site. Therefore, it is not expected that these sites will pose an environmental conoerrn to the subject site. 11 \1� 6.3 RESULTS OF THE RADON REVIEW Radon Is a ooiorlcsa, odorless, tasteless radioacthre gas that 'is produced as a natural decay product of uranium. Because uranium and radon occur in varying amounts in rock and soils, radon is present in all the air we breathe. Furthermore, due to its radioactivity, numerous studies have shown that at elevated Weis, them is a link between radon and lung cancer. Concentrations of radon gas are expressed as pico Curies per liter of air (pCYQ. There were no readings for the subject zip code 92663. Reading for the zlp code 9=7, approximately 3/4 mile north of the site are <1.0. Readings above 4 pCiil can be a source of concern according to the most recent report by the Department of Wealth Services "California Statewide Radon Survey interim Results' published In 1992. GA REVIEW OF SUSPECT ASBESTOS -CONTAINING MATERIALS Due to the age of the building(s) on the subject site, suspected asbestos. containing materials, were sampled. The foiiowing Tabu describes the samples collected and analytical results. TABLE I Analytical Results for Asbestos Sampling 3100 West Pacific Coast Hwy - Newport Beach Sample No. frfaterlal Deecrl tion Sample Location Asbestos Content 1 hater rta room wall 0 2 jM mnpound showroom wall 0 3 hanging oeift the showroom office, 2nd Floor 0 4 stucco outside parts offioe 0 S brown vi floor tft 12M floor of foe 0 6 10x10 Cara use I main show room ceIEN 0 As noted in the table, none of the suspected materials sampled tested positive for asbestos. Therefore, there appears to be no concern due to asbestos containing materials on ske. The analytical laboratory report from the state -certified laboratory and chain -of - custody are presented in Appendix C. 12 1�, 7.0 CONCLIlSIOIvg ANQ FZ�COAfAdI<Nt)ATtONS Enviropro, Inc. has perfonned .a Phase I Environmental Site Assessment in minimum conformanoa with the scope and limitations of ASTM Standards E 1527 for 3100 West Pacific Coast Hwy, in Newport Beach, CA. Any exceptions to, or deletions from, this practice are described in Section 9.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the prey exoept for the following: conclusion: There were a number of groundwater mcnkoring wells bcated on the we$%* portion of 3100 West PCH and one well on the subject site. A report provided by WA Consulting, inc. Indicates that groundwater contamination does exist on site and on fire westerly portion of 3100 W PCH. In addition, the environmental database report indicates that the groundwater on site is affected by gasoline and addition remedial investigation is necessary. Recommendation: Emriropro, Inc. recommends that the Orange County Health Care Agency tiles, Water Board files, and Fire Department files be reviewed to fully assess the anAronmental investigatory work conducted on site. A summary of the proposed add*onal remedial investigation and cleanup measures should be provided to the cfierd. Conclusion: There are two underground tanks registered on the rveelerfy portion of 3100 West PCH. These tanks will most lkely not be used in the future and they do not sleet current underground tank regulation requvernents. In addition, the fuel pump for these tanks is IoWod on the subject she. Rocommondatiom: Emiropro, Inc. recommends that throe tanks and the associated fuel pump be removed according to regulatory agency guxfefutes. Corciusion: According to the information provided by Mr. Joseph Goveia, representative for the-bwjw, all the structures on site will be removed and the buildings win be demolished. This will require removing the underground hydraulic tilts. Recommendation: Envkopro. Inc. recommends that the underground hydraulic Ms be removed• property with proper disposal of the hydraulic oU and property testing at the base of each hydrauric lilt . Conclusion: There were several aboveground tanks and 55-gailon drums of new and waste oil and fitters. In addition, there were 21 55 gafkm drums of what is most likely waste materials at the r xtheast corner of the subject site. in addition. staining and etching vrere noted underthe drums. 13 0 Recommendation: Enviropro, Inc. recommends that these materials be property removed and disposed from the site prior to demolition. Also a minimum of two soil samples should be collected In this area to assess the underlying soil for volatile organic compounds and total recoverable petroleum hydrocarbons. concluslon: One paint booth and evidence of paint spills was located near the went end of the westerly portion of 3104 Wiest PCH. Paint booths are commonly associated with solvent affected soll. The evidence of paint spins in the adjacent room' indicates poor housekeeping and adds to the question of subsurface affected soli. Rscorranendatton: Envkgxo, inc. recommends that a minimum of two sa gas borings be drilled on two sides adjacent to the paint booth to assess the underlying soil for volatile organic compounds. Conclusion: Olt staining was observed under a generator near the northeast comer of the site. Recommendation: Enviropro, Inc. recommends that one soli sample be collected In the stained area. Soil samples should be collected at 2.5 and 5 feet logs and analyzed for TRPH by EPA Method 418.1. . , , : i.. d:� This report is limited to tfine observations possible based on visual inspection and on a records search at government agencies. Only the specific government records listed in Appendix 8 were searched. Additional government record sources may not have been included in this report, and no representations are made of the record's adequacy. Enviropro, inc. is not responsible for any incomplete government records. In addition, government agencies do not list all sties of environmental contamination. nifflIMMUT071s r The Information provided In this report is solely for the use of Mr. Joseph Goveia and TLA Incorporated. The information is valid only for the reason for which this report was produced, and for the time this report was produced, since environmental conditions may change with time. Any reliance on this information by third parties shall be at such parties' We risk. Enviropro, Inc. liability Is limited to the fee received for preparation of this report or $20K, whkhever is less. U 0 City of Newport Beach Planning Commission Minutes October 9, 1997 SUBJECT: TLA Restaurant (Jonathan Rodriquez-Atkatz, applicant) 3100 West coast Highway • Use Permit No. 3612 and • Traffic Study No.112 The project involves a use permit, a traffic study and a negative declaration, to allow the construction of a 1,500 square foot, two-story drive -through restaurant facility with a 300 sq. ft. storage building and related off-street parking. The applications include the following requests: • waive a portion of the required off-street parking. • allow an elevator shaft parapet wall and mechanical equipment screenJo exceed the maximum area of 25 square feet permitted by the Municipal Code. • a modification to the Zoning Code to allow an architectural feature (steel frame facade element, 32 feet high at its peak) to exceed the permitted 31 foot maximum peak height limitation. • waiver of development standards specified by Section 20.82.040 of the Newport Beach Municipal Code. Staff presented the report stating that this project involves demolition of certain buildings on Coast Highway which are currently vacant and formerly occupied by an automobile sales facility. The proposed project would occupy 50% of the site. This proposed project is unique in that it has no walk-up or on -site dining, no alcoholic beverage sales and high turn -over drive -through service only, resulting in no patron parking demand. The stacking lanes will be the patron parking, with consideration given to the capacity and ability to sustain demand for the facility. Parking will be provided for the employees. A key issue is the access and on -site circulation. Concern has been raised regarding a sole access driveway for patron usage for both ingress and egress. Due to anticipated conflicts of a dual left turn lane serving the site, access into the property from a left turn on east bound Coast Highway could be accommodated, but if so, an exiting movement left turn to east bound Coast Highway would be conflicting and create a safety hazard. Public Works has therefore strongly recommended that left turn movement be precluded. This proposed project will conduct order processing through menus distributed by on -site employees with no speaker boxes. To ensure new development be designed to maintain the Mariners' Mile Advisory Committee recommendations, a condition has been included to have this project reviewed by a design consulting team retained by the City for the Mariners Mile area. 10 INDEX item No. 5 ' Use Permit No. 3612 A TS No. 112 Denied )�A City of Newport Beach Planning Commission Minutes October 9, 1997 In response to Commission inquiry, Mrs. Wood commented that the city has no design review authority. The Mariners' Mile Advisory Committee felt that if the city could provide some advice, keeping in mind the overall goals of the Mariners' Mile area, that there might be compliance. Commissioner Ridgeway asked about the twelve (12) foot right of way for the widening of Coast Highway. What would be the impact of stacking on this proposed site? Staff answered that the project has been designed with those setbacks provided, but the actual dedication is not being required except through a lease hold commitment. At Commission inquiry, discussion continued on restrictions, placements of exits and entrances. The conditions of the project make It clear if' of some point later on that patrons complain about the inability to make a left turn, Public Works will not change that condition due to the safety factors. A U-turn can be done at the intersection that services Hoag Hospital and Balboa Coves. One of the concerns of the Moriners' Mile Advisory Committee is the numberof drivewaysin the area. CommissionerSelich asked for clarification of the numberof parcels. Staff answered that the proposed project is on a single parcel and the driveway that is there currently provides access to three parcels. Ms. Temple stated that in checking assessor records and parcel maps it is actually two parcels that look like three in terms of the way the buildings are situated on them. It was determined -that the site plan in the packet depictsjust the part of the parcel this project is on. To get access to the remaining portion of the auto facility's parcel and the small parcel next door, there will have to be two (2) additional driveways. Discussions had been held with the realtor who was marketing these parcels and discussion with potential buyers of the other Iwo parcels. The other areas are being marketed as separate parcels. Public Works had been asked and provided a letter to the realtor indicating that the "other half' of this large parcel would be granted an additional driveway because that was a major concern of the property owner. But' no access to the third smaller parcel was discussed. If this is tjuly a single parcel, then a single driveway with multiple use by three entities may be desirable, but given the layout of the site as proposed, may not work. Discussion continued about the possible placement of one driveway in relation to the proposed project and/or the addition of multiple driveways on the large parcel. Public Comment was opened. 0 • City of Newport Beach Planning Commission Minutes INDEX October 9, 1997 Jonathan Rodriguez-Atkatz,3100 West Coast Highway -spoke in favor of this application. He thanked staff for their direction received on this project for the past few months. It is his objective to have a novel and unique drive -through facility and he has spent two (2) years in development. The retail design is akin to public art having aesthetic value and sensibility that transcends which would be typically encountered in this area of commerce. The appearance of the building with the lighting and landscaping will be aesthetically pleasing. Systems for handling flow and traffic management have been reviewed by hired top traffic engineers in the country to analyze how this site functions. The queuing system has been specifically designed to address one of the basic flaws of fast food. We have the ability to que on site in excess of 32 vehicles. The building has been set back to address the requirements that might happen in the future and created landscape buffers in between that point. The operation dovetails the delivery of the product and service orientation that is expected of this type of approach. There are no speaker boxes nor menu boards. There are people on site who will greet patrons face to face. Newport Beach represents the demographic and density sought to make this business a realty. He concluded asking Commission to approve this application. Commissioner Adams stated that there has been an apparent change in the operational characteristics. The traffic study indicated that there would be menu boards and now there are not. Where are the menus going to be given to the patrons? The queuing now relies on sixty (60) seconds service time for the initial que. Referencing the exhibit on the wall, Mr. Rod(guez-Atkatzanswered that it will happen approximately I00 feet in to the site where the one lane splits to two. It will take approximately, from decision to order time, two to three minutes. Commissioner Adams continued saying that the difference between 60 seconds and 2 and ''/s minutes is huge. If the whole project is based on the 60 second service time for the initial stop how will that huge difference be resolved and can you demonsiratelhat the queuing at the first service is adequate? The traffic engineer hired was under the assumption that there was going to be an order board. Now the operation has passing out a menu, looking at the menu and then ordering. Those are two completely different things. If this project was designed based on order'boords and the design has not been changed, I am concerned with the queuing capacity in the first part of the driveway. When a patron has ordered, how do they know which pick up lane to go to? He was answered that people on site will direct them to the appropriate lane. Commissioner Adams asked if there was o three dimensional model 12 )l6 • .• T City of Newport Beach Planning Commission Minutes October 9, 1997 showing the pn here lonightat veryconfusing. t and site and was answered that there was not one meeting. He stated that the exhibits on the wail were Commissioner Fuller asked if this was the first project and was answered that this is the first one. Commissioner Fuller asked if on the project rendering it was a surf board and was answered that it is a fabric sculpture meant to reflect the maritime and nautical aspect. Discussion continued on the possible placement of a drive through to Avon Street, demographics, efficiency, stacking concerns, number of patrons, concern of number of parcels involved and safety. Commissioner Adams asked staff about the traffic report recommending left turn access out of the project. Were the U-turns at Superior taken into account? Staff answered that the study is based on the assumption that left turns could be done, the conclusionsore the some. Mark Vanderzan, Boora Architects, of Portland Oregon - talked about the height of the building as a functional efficiency of the layout of the site. It allows the flow and function to be efficient with direction by professional traffic consultants wilh a 30% contingency for queuing built into the projections for the needs based on order times. The building has been put up thirteen (13) feet high so that any vehicle could travel underneath it with no conflict of the functional use which necessitated the slightly higher than normal two (2) story building. The mechanical systems and elevator parapet are included. The building has been designed to fit into the Mariners' Mile district. The character is derived from the marine imagery with canopies for shade to customers. They are elaborate works of art and depict boat sails. The main objective is to create something pleasing to the eye with the landscaping. A cost of one million, five hundred thousand dollars is being spent on this project. Commissioner Adams expressed concern regarding the issue of two parcels or one parcel of property. The City may have been misled with regards to what is being proposed here. A separate parcel is not being created or sold or designated for this project? Mr, Vanderzon stated that this issue is with the staff and had been brought up at the pre -application meetings when the process was reviewed as to what might be necessary with that situation, whether the parcels would have to be created or re -delineated. This is a single parcel now and we are leasing the easterly half of this parcel of land. CommissionerFullerstoted his understandingis that there are two parcels, a small parcel and a larger parcel. This is the easterly half of the larger parcel that the proposed project would be built on. 13 INDEX III City of Newport Beach Planning commission Minutes October 9, 1997 Ms. Temple stated that the Theodore Robins holdings is a lot that is approximately 200 feet of frontage on Coast Highway. This project involves the easterly plus or minus 100 feet of the Theodore Robins holdings. The remaining too feet then beyond to the west of these holdings is a separate smaller parcel which does not go through to the dedicated area of Avon Street. All land had been utilized in the past functionally as a single parcel. Commissioner Ridgeway stated that the westerly parcel, if not a separate parcel but part of this 200 feet of'frontage, how will it be accessed in the future? Mr. Edmonston reiterated that at the meeting with the Public Works Director and the realtor representing the Theodore Robins people, it was understood that there were two parcels. As a result of that, Public Works sent a letter to the realtor indicating that there would be, based on the discussion that day, a second driveway al be ton what he westerly has thoughtof the to be the westerly parcel. Now, it appears big parcel. Mr. Rodriguez-Atkatz presented a copy of this letter (with map) that the realtor had given him prior to their signing the lease. The letter states that two driveways would be permitted for the property. Commissioner Ridgeway stated the Commission concern of accessing the future parcel. It appears, in looking at the map, that the city engineer has been somewhat misled. This map shows a new twenty-four (24) foot driveway location to be determined. The problem is not the project but this additional driveway which the Commission is trying to prevent. The Commission is concerned with access to the other 100 linear feet on this parcel. Commission needs to resolve this before a determination can be made on the proposed project. CommissionerAdams stated that city staff has told the applicant that the city is okay with two driveways on this parcel back in July. Mr. Edmonston stated that is correct and it was subsequent to that time, after the letter was sent, he became aware of the Mariners' Mile Advisory Committee and their guidelines to try to reduce the number of driveways Discussion ensued with design contingencies of the project on site with c center driveway in the larger parcel. Taken into consideration during the discussionwas time and money spent, ingress and egress. At Commission inquiry. Mr. Rodriguez-Afkatz stated he has read and agrees to the findings and conditions of Use Permit No. 3612. He slated 14 INDEX City of Newport Beach Planning Commission Minutes October 9, 1997 INDEX that he had read the recommendations of the Mariners' Mile Advisory Committee. Public Comment closed. Commissioner Ashley stated that he and Commissioner Fuller were members of the business and citizens planning advisory committee for the Mariners' Mile group, The committee recommended and the city council accepted the following: • reduce number of curb cuts for driveways along Marfners'Mile • consolidate parcels • off -site parking For the applicant to come in now, with the request that Commission deal With only the easterly half of a unified parcel and not know what would be developed on the westerly half would be contrary to what the Mariners' Mile Citizen's Advisory Committee was trying to achieve. Maybe this is a good use, but until such time as to what would happen on the west side, Commission would not know if this was a good or bad use. The group wanted to restrict left turning movements on Coast Highway except at locations where there were signals. This is a very stressful location for this type of use due to the left turning that would be required going over the median strip to enter the facility. Staff has proposed that there be only a right turn out so there would not be a left turn movement going into the opposite direction, The committee was also hoping to promote some form of design without expressing any particular architectural idiom that would be somewhat emblematic of a nautical community. We were hoping to avoid a catch 22 character as there is presently. This design does not appear to be of that intent due to the fact the project represents more curb cuts and left turning movements across a very busy highway at a very stressful location and does not provide any solution for release to Avon Street. The proposed use is very good and should be in Newport Beach, as this is a very innovative idea, but this is the wrong location for that use. Thisjust doesn't seem to fit at all with what the committee has recommended to City Council Mrs. Wood stated that a consultant has recently been retained by the City to address design Issues and the contract is to prepare the development framework to establish guidelines for architecture, signage, and public spaces along Mariners'Mile. There is an option in the contract that the city can give them proposed plans for development on private property to review and*make comment on. That is what staff is trying to do with one of the proposed conditions. The timing did not allow staff to give this to them earlier, additionally, these consultants have not been retained to provide any advice with regards to land use, purely design. 15 0 0 City of Newport Beach Planning Commission Minutes October 9, 1997 Discussion ensued on the location of the project on the parcel, unities circulation, serious access issues, extension of Avon Street to the property line, cul-de-sac, basic recommendations of Mariners' Mile Advisory Committee, letter written indicating a second driveway could be allowed, design criteria, time constraints, lease, height modification, accommodation of other uses, perpetuating the problems on the highway, concept of a drive through at that location on Coast Highway, minor walk-up service, curb cuts and vested rights. Following the discussion of possible Avon Street extensions and resulting problems, a straw vote of the Commission for support of a premise of a drive -through of this type at this location concluded with 4 Ayes and 3 Noes. Assistant City Attorney Robin Clauson stated that a continuance would allow concern about drive approach, letter from city engineer and the Moriners' Mile Advisory Committee to be addressed. Just because that letter went out does not mean that the Commission has to approve this project when there are other reasons for denying it. If a continuance is in order it is more specifically in order for an evaluation of the effect of the drive approach. Motion was made by Commissioner Gifford to continue this item to November 6th to allow applicant time to explore possible answers of concerns raised. All Ayes. Public Comment was re -opened. Mr. Rodriguez-Atkatz, applicant stated he would not be here today if at the outset of this process he knew he could not gain access to this property or in fact if he knew this use was not appropriate for this location. He concluded stating he does not want a continuance of the application. Chairperson Kranzley stated that the Commission will consider a drive - through on that property, which leaves other questions. The other questions need to be answered. You can say you are not in favor of a continuance and we will respect that. The only time that there is a ruling on whether this is appropriate is at the Planning Commission meeting and their decision can be appealed to the City Council. There has been no indication from the city if this is an appropriate use for that lot. Public Comment was closed. Motion was made by Commissioner Ridgeway to deny the application based on the driveway location. Substitute Motion was made by Commissioner Adams to deny on the basis that drive -through of this location is an inappropriate land use. 5 16 INDEX Im 0 City of Newport Beach Planning Commission Minutes October 9, 1997 Ayes, 2 Noes, Motion was made to reconsider the Substitute Motion, All Ayes Motion was made by Commissioner Adams to deny Use Permit No. 3612 based on the revised finding in Exhibit B. - 5 Ayes, 2 Noes. FINDING : The approval of Use Permit No. 3612 will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood orbe detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: that drive through land use is inappropriate at this site Activities Incorporated (Kathy Miller, applicant) 50130th Street Use Permit No.3614 Request i establish a private banquet/conference facility in a space formerly occ lied by a full service restaurant. The operation will function as a banquet f ility, evenings and weekends, for events such as private parties andweddr sWith activities which include: • on -site sale and/or consumption of alcoholic beverages; • a request to waive a portion of the required parking; • the use of live entZ f ainmeni and dancing. Staff has determined that the a titan( since information including but not li ec specific operational characteristics presented. Therefore, staff has recom removed from calendar. Once the addi the matter will be rescheduled for public public hearing will be issued. i as submitted is incomplete to the hours of operation and rve not been adequately S dthat this matter be nformation is submitted, Band re -noticing of the SUBJECT: Hard Rock Cafe (Ryan MacAfee, 451 Newport Center Drive • Use Permit No. 3615 Request a change in the operational characteristics of an service restaurant to allow: 17 INDEX Item No, 6 Use Permit No. 3614 Removed from calendar Item No. 7 Use Permit No. 3615 Continued to 11/06/97 p\ IITY OF NEWPORT BEAD APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION 1. Variance No. 6, Satellite Dish 2. 3. Use Permit No. I612 Zone Amendment/PCA No. 7, 8. Site Plan Review Coastal Residential Development 4. Modification No. 9. Specialty Food 5. Amateur Radio Antenna 10. Condominium Conversion Name of Appellant TLA Incorporated Phone: (206) 545-9055 or person filing: p Address: 4464 Fremont Avenue N.-Suite 310 Seattle WA 98103 Date of Planning Commission decision: October 9 , 19 97 Regarding application of: TLA Incorporated for (Description of application filed with Planning Commission) Use permit, traffic study and negative declaration for construction of 'a drive through rasf-aurent facilit . Reasons for Appeal: Denial by the Planning ^^ of niir application was arbitrary and capricious unsupported by the evidence and otherwize contrary to law. Also planning staff and a-- "^'^` hafl reached agreement on the pgrrnit conditions, FOR OFFICE USE ONLY FF11 Date Appeal filed and Administrative Fee received: (�Gt. �(F 19 9 r%. Public hearing set for 7:00 p.m., ` 20, -- / 0 19 9 % . T` /� Snco�p•rc�fcot G Date L iA Tig9fituie of Appell t om ;U T-n s m 91 cc: Appellant Planning (Furnish one set of mailing labels for mailing) File Co w� mr- am =A � APPEALS: Municipal Code Sec. 20.95.040E Appeal Fee: $399 pursuant to Resolution No. 97-17 adopted on 2-10-97 a400 (Deposit funds with Cashier in Account #eW000) i ° CITY OF NEWPORT BEACH o = NEWPORT BEACH, CA 92663 C�piOAM`' RECEIVED BY:,PERRY2 TODAY'S DATE: 10/16/97 27005000 ZONING & SUBDIV CASH RECEIPT RECEIPT NUMBER: 02000137846 PAYOR: RODRIGUEZ-ATKATZ REGISTER DATE: 10/17/97 TIME: 16:38:27 APPEAL USE PERMIT #3612 $399.00 ---------------- TOTAL DUE: $399.00 CASH PAID CHECK PAID CHECK NO $.00 $399.00 3806 JONATHAN RODRIGUEZ•ATKATZ NANCY TARTS ATKATZ , M' 'E AVE. SW SEA WA 961� 'AY to $10 /, `zP- _..A SEAFIRST BANK SCAM w, 1e114 For 404L+- 1:12SO 00 44 8?394 13 TENDERED $399.00 CHANGE $ .00 1. 0 / ' w,v.n4'w Valued Client $.nee t9&3 3806 1?,5 r ", ' . • ' 'WESLEY N. TA YL OR CO. -SINCE 1946" • COMMERCIAL -INDUSTRIAL BROKERAGE - October 22, 1997 TO WHOM IT MAY CONCERN: One Civic Plaza Suite 260 Newport Beach, CA 92660 714/644-4910 FAX 714/640-1539 My name is Wesley N. Taylor. I am a commercial real estate broker in my 52nd consecutive year of active commercial real estate brokerage, development, and property management in Southern California, the past 29 years in Newport Beach. During this past 52 years I have been engaged in hundreds of complex property transactions which have given me knowledge and expertise which is valuable to the community which I serve: One of my valued clients, Robins Properties, Theodore Robins, Jr., General Partner, owns the two properties located at 3100 and 3150 West Coast Highway, Newport Beach. Theodore Robins, Sr., now deceased, was a Ford dealer on the Peninsula starting in 1921. In January 1949 Mr. Robins, Sr. purchased the property located at 3150 West Coast Mghway from Crawford and Essig, a copy of that Deed is attached hereto as Exhibit A. The subject property was the westerly portion of what was originally shown on a 1938 map as one parcel. The legal description in the Deed describes the entire parcel "Excepting therefrom the southeasterly 100 feet," which means that Robins purchased only one half. This sale of the westerly one half thus created two separate parcels, then owned by two separate owners --Robins on the west 100 feet' and Crawford and Essig on the east 100 feet. Attached hereto as Exhibit B is a copy of the map clearly showing the land divided into two lots, Parcel 82 and Parcel 85. For many years Mr. Robins owned and occupied his westerly 100 foot Parcel 85 as an automobile sales and service facility. Sometime around 1955 Mr. Robins, Sr. purchased the easterly Parcel 82 which, added to his Parcel 85, gave him a frontage of 200 feet on West Coast Highway. He then constructed a new showroom, offices, and shops on the newly acquired Parcel 82 wherein he operated Theodore Robins Ford sales and service. Theodore Robins, Jr., now President of Theodore Robins Ford, was a student at that time and has no knowledge as to exact dates. The business records of 40-50 years ago are no longer in existence. Theodore Robins Ford grew and prospered in that location, producing a good living for the family and generating very substantial sales tax revenue for the City of Newport Beach. Mr. Robins became a very prominent Newport Beach citizen, active in public affairs and a generous contributor to local charities. 1a4 -2- • October 22, 1997 I , The business outgrew the facility of 1+ acre. In the mid-1960s, in order to meet the requirements of Ford Motor Co., Mr. Robins found it necessary to build a new facility on a 9.6 acre site on Harbor Boulevard, there not being such land available on Coast Highway in the area designated by Ford Motor Co. who requires that its dealers be centrally located in the area they serve under the Ford franchise. The two lots on West Coast Highway were subsequently leased to other automobile dealers who also generated substantial sales tax revenue for the City. Unfortunately over expansion and the recession forced Newport Imports, Mr. Robins' last tenant, to file bankruptcy. This action and the lack ofavailability of any automotive product that could support the facility has caused the property to be vacant for the past three years, costing Robins Properties over $1,200,000 in lost rent, taxes, insurance, etc. During the past two years I have personally conducted an extensive and expensive marketing program in an effort to find one suitable tenant for both lots. We have proven that there is not a market for 44,300 square feet of land on Pacific Coast Highway at this time. This condition dictated that Robins Properties must now lease each lot separately or leave the land and old deteriorating buildings vacant, which neither Robins or the City wants to see. In November 1996 we entered into negotiations with TLA, Inc. for a restaurant facility on the easterly Parcel 82. The developer, TLA, Inc., has worked with all involved departments of the City and has complied with 41 requirements relative to the new facility. I am advised that each department has approved the project and Planning has recommended same. I was told that at the Planning Commission hearing on the project the Commission was going to turn the project down because it would create two driveways on Robins two lots. When TLA, Inc. produced a letter issued by the City granting the approval for a 35 foot driveway on Parcel 82 mid a 24 foot driveway on Parcel 85. I am told they said, "We will have to find another way to disapprove." Needless to say this was most upsetting to TLA, Inc. who had complied with all requirements of alt City departments. TLA, Inc. was told that the Robins property is one lot. The City map attached hereto as Exhibit C shows it as two parcels. There may be a map that shows it as one parcel. Mr. Robins has no knowledge as to who attempted to show it as one lot when since his ownership it has been two lots, each purchased separately several years apart. Based on these facts Robins Properties, the owner of both lots, respectfully requests that the City approve the TLA, Inc. project in its present form. Respectfully submitted, Wesley N. Taylor WNT:yd Encl. ia5 r r ' • n.0 vuu� Lmpwgc Ounutlwuu First American Title Insurance Company 114 Nast L+fifth Street. (P.O. Hut; 267) Santa Ana, Califurnia 92702 (714)558.3211 OR-9733882 TITLE OFFICER IAMBS 'fhc'ratc InNutimce Cumuuuuctu u u legal connaet between you and the compAn). B I% I„ued to %huw the hA,{, on whtuh we will IYwc a 'I ule IIIWraIAe Policy to you The Polley will Insure )nu .Igain,t .CrLdin n,A, to the I'M utde. subjw n) the IIIIIIImons Shown In (Ile Puhcy. The Conl)tan)' will guc You A sample ill the Yula) lunu, If )ou AaA Thu ('nmmumcnt is hncJ .ni the lend title as of the Conunun clu Daly An) changes in the land nttc nr the trammion may affm the Cuuuulmtaa and the Polk). the Cummamcnt is whim tom Reyuirculclm, L•,ucpmnn 4"d Cundnion, THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMIT.NILNT TABLE OF CONTENTS ' PA4e A(iithFhlhN'1' TO ISSI'Y. POLICY CONDITIONS SC'HHHA.f A I Conuuitntelu Dale ') 2. Puhun w he imed, Ailumm au d Prupwcd lhulmds 3 1 Interest in the Lund And Owner 3 4, Dew giurm of the 1 tnd ) SCHEDULE B•1 •• Rrymrculents SCHEDULE B : •• L'A.cpu ins YOU SHOULD READ THE COMMITMENT YHRY CAREFULLY. it You hior all) yuctlivm Abau{ the (,'utII11111II1cuL pleaoe'VIII' i the nsuutg office a(D jexmi.Qir A 12-31494g '1-11-1949 Reliable Lumber Incorporated, a Corp (0040 218109) Agog DEEP 1785/127129 Andrew M. Crawford, a Calif and man, sn undiv } •int, and Norman J. Essigg,, a and man, an undiv j int City of Newport Beach X That pptn of Lot °F" of "Tract No. 919" lisp in 29/31 to 34 inol of MX, records of 000, Calif, daft Heg at a pt in the NEly In of the California State Highway as shown on ad Map whioh is the SEIy oor of W that otn parcel of ld convd to Gordon H. Findlay and t others by dd reo 3-30-37 in 873/395 of OR th SEly alg ad My In of ad California State Highway a distance of 200 ft- th N 130 45' 8 alg a In wZich is paral to the My in of ad 1d oonvd to Gordon B. Findlay and others, 237.50 ft"to the N81y in of ad Lot MF ; th My alg ad NEly in of ad Lot "F", 199.96 ft to the My cor of ad id oonvd to Gordon B: Findlay, and others; th S 130 45' If 235.27 ft to the pot;� Excg therefm the y 100 ft. SEl (Cont. 1) 12-28-19" (OCOTOO 218109) DEED 1 11 1949 1785/132-133 Andrew N. Crawford and Theodore Robins and Hazel E. Crawford, h/w, Mao Robins, h/w, an and jt tens, Norman J. Essig and El Marie Essig, h/w City of Newport Beach Deso same as X to X in dd dtd 12-31 4d, exec by Reliable Lumber Incorporated to.Andrew N. Crawford and Norman J.. Essig. File No. 1999 Subj to 2nd half taxes for f/y 194949. Sub j also to Corr and rta/w of. recortd; The SEly loo ft of ad ik is also subj to a D/T,of record, sec one note in favor of Reliable Lumber Incorporated, having an uppaid irz2xz prin balance of 1181164.10.4 G�11 ;OLrr1 " C/�� �10.00 0 Sig. -- ok IRS - pLW $47.30 G/�/�o� �►,Ack.'- ok 0 8 Lois E, F, c, G �►M TRACT �Y° 9/y M. M. .?9�.�� 32, 39 x .44 ANA <g. 'A, V r Q i 2 OCERN OR/ �• STR� vi i f 1?,K i �PiwtroY�fi i� %119q t t t t t ST t i t 1 t >�� 1 NaN Jr.a. JW .l Mr'LC JNw. 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GM>: 3T.FRb r�. r 40 ; LJ = M E T R O S C A N PROPERTY P R O F I L E= Orange (CA) + * <<< OWNERSHIP INFORMATION >>> + * Parcel Number :049 110 05 * Owner :Robins Properties * CoOwner * Site Address :3100 W Coast Hwy Newport Beach 92663 * Mail Address :2060 Harbor Blvd Costa Mesa Ca 92627 * Phone :Owner:714-642-4521 Tenant:714-644-1413 * * <<< SALES AND LOAN INFORMATION >>> * * Transferred :02/14/78 Loan Amount * Document # :12564-1791 Lender * Sale Price Loan Type * Deed Type Interest Rate * %, Owned Vesting Type * * <<< ASSESSMENT AND TAX INFORMATION >>> + * * Land :$422,136 Exempt Type * Structure :$94,452 Exempt Amount * Other Tax Rate Area :07001 * Total :$516,588 Taxes :$5,341.82 * g Imprd :18 + <<< PROPERTY DESCRIPTION >>> * * * Map Grid :888 H6 * Census :Tract:634.00 Block:4 * Land Use :19 Com,Auto Sales * Legal :TR 919 LOT F ELY 100 FT WLY 520 FT * :-EX HWY- AND ELY 100 FT WLY 420 FT * :-EX HWY- + * + * <<< PROPERTY CHARACTERISTICS >» + * * * Bedrooms Stories :1 Lot Acres :1.00 * Bathrooms Units Lot SgFt :43,560 * Total Rooms Pool :No Bldg SgFt :1,630 * Air Cond :No Garage Type : YearBuilt :1954 * Heating GarageSpace : B1dgStyle * Fireplace Spa Wall Matl * Dining Room Family Room AtticType * * Living Room Den * l �� STREET � , I I AY17Nd7 � 1= i' i 31 �Fi.� I FRWY e N 1 I I I I ISO .•[ Q • I l 9,9 a A 1 —,— •� - HIGHWAY 13 T& NO. 9/9 M. M. 29-3t NOW - ASSESSOR'S BLOCK B IRWNE SIB. M.M. /-BB PARCEL NUMBERS PARCEL MAP P. M. 6O-ZJ 22T--9 SHOWN /N CIRCLES ASSESSOR'S MAP 50OK49 PACEII ql COUNTY OF ORANGE RUTAN, TUCKER 401. Civic Cent'oV DriVe 'Wowt 9270, _j Ins b P� hob Opert as- , "'two% --2b6O Harbor Iko� 40'.. ufela, r"" ED nia C o. s t k.14 a a a al pakcel' No a Wt Calif ...912664PC wi.r6Pfx bIH'OFnCtALRCCO"O8] OF u"MjCr.OUI4V.CALIFORNIA CjYAen, . 9 a 14 I9iS ;&tldet lhdividual'Grant Deed l)bCUMehf.fy.jr$jntrCr 14% 13 S On full Computed on full -value I" %-ithte or MnAillioit Of tint' (:fly of . . ..... — on, UjiinCorporaleni Afti oil. .Cc -or hich k htfeby .,kno.hnited, tATI receipt TOR A •VALUX6LE CONSIDY1 The'qaord. Robins, :Ji.' , 'Mae •Robins',and Mary Robins hereby. GRANT(s) to ROBINS: PROitiRTl6t,: a"'Cal kfor , nia lim . i ted -partnership. .:lite rollPi Ins Ilftcfillcd reil property in the Sovztlyol OiAge * 'fiat portion 6�f Lot "F" ''Snn, or coifornia: of Tract No. 919, in the,City of Newport Beach,' Codrity of Orange, State of C lifbrnia, as pLr'wp recorded in-D" 29,_Mq 31 to 34, inclusive;' Of ....... Milsdellgn&Maps in thc,6ffice of the. _county recorder R-said,county, described as, ko"Dwe C -aeginning at 4 point in the northeasterly linli o( the alffornia Eitate Highway, as shown on said. nv3p,p'which 1s. the� southeasterly com6r.%of the land conveyed to Cordon B. Findlay'and'others by dead recorded March'.30, 1937,, Sock 873., page 395, of Official Records-, dience'sobthhasterly 200:01):feet 'along said tortheadterly'rilZ'-,*-tlk'ilcd-lZrtm 13.45'00*• East 237;50 feet parallel with thli along of said land ofgFindlay northeasterly lifte:q . f-said lot-, thence hakthwesterly'199.96 feet no and'others,'to, Said land of Findlay-ano I k? lc,.�,Jthe northc�s t&ly:: comer 'of alocIg Said north' r' 00 t.. -� of*biginning.'Sald land is %others; Eh6ncillth l3y--�lV 235.27 f�ct to,the pofn aboM Dnta =p.fjjed...Jh:EiOOk_,9, pag6.14, Of'Recbrd*bf'SUrVq.ys, in off . f said. County R&or. r. (3100 Bea West Coast Highway,' Newport alif ia.. eod ORANGE ruc�TT.ur�-,-':-- _. .. ,-f'-t Y •-, a ob Thitodore."Robins', Jr .:Mae", Robins. the- . . . . . . I rrr "'i •IneA ..d ull"14 I OFPICIA0e. I E. SUE OR t koj*�" fVlftjC. AJIFOANIA. ORA My pit, NAi 22, 193l Ke.to, Title Ord r ED. A= tAAIL:TAX STATEMENTS AS DIRECT