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HomeMy WebLinkAbout12/19/199640. CITY OF NEWPORT BEACH Planning Commission. Minutes December 19, 1996 Regular Meeting - 7:00 p.m. ROLL CALL Present: Commissioners Adams, Ridgeway, Selich, and Ashley. Commissioners Gifford and Kranzley were excused. STAFF MEMBERS PRESENT: Sharon Wood, Assistant City Manager, Community and Economic Development Patricia L. Temple, Planning Director Rich Edmonston, City Traffic Engineer Ginger Varin, Planning Commission Secretary Niki Kallikounis, Planning Secretary Minutes of December 5.1996: Motion was made by Commissioner Selich and voted to approve as amended the December 5, 1996 Planning Commission Minutes. Ayes: Ridgeway, Selich, Ashley Noes: none Absent: Gifford and Kranzley Abstain: Adams Public Comments: none Posting of the Agenda: Ms. Temple stated that the Planning Commission Agenda was posted on Friday, December 13, 1996, outside of City Hall. i4 Minutes Amended and Approved Public Comments Posting of the Agenda . • • City of Newport Beach Planning Commission Minutes December 19, 1996 SUBJECT: World Oil Marketing (John 3401 Newport Boulevard • Use Permit No. 3595 To allow alterations to an existing non - conforming automobile service station including the replacement of the canopy, fuel dispensers, underground storage tanks and facility signs. Also included with the application are modifications to the Zoning Code to allow *the reconstructed fuel islands to encroach 9 feet into the 20 foot setback on Newport Boulevard; • the increased area and number of the canopy logo signs; and •a trash can enclosure to encroach into the 10 foot alley setback. Planning Director Temple summarized Use Permit No. 3595. The staff report includes recommendations to the Commission in regards to two key features of the proposal. The first is in relationship to the amount of landscaping on site. The staff reviewed the site plan for locations where additional landscaping beyond that already existing could reasonably be placed without hindering the on -site circulation. Staff recognizes the site is very small, that the code required amount of landscaping could not be provided on site; but staff has identified two locations where some additional landscaping could be provided: • expand the existing planter boxes near the existing building • the addition of some small landscaping on the corner of Newport and Finley. The other key recommendation regarding the number and types of signs provided for the proposed project. The original application included four canopy signs, one on each side of canopy. Staff's recommendation is to remove two of the canopy signs, one which faces the alley and, the other, the internal property line, and leaving the signs on the two street frontages. Also recommended is a reduction of the amount of proposed lighting for those signs to that which surrounds the actual logo of business identification and not the whole side of the canopy face. The other feature is the suggestion that the existing pole sign be deleted in lieu of a five foot high monument sign for the proposed development. The reason for this recommendation finds its basis in the recent work of the Balboa Peninsula Planning Advisory Committee and the study which has been conducted over the last several months. One of the issues which has come out of that study is the visual aesthetic present on the Peninsula, and in particular the high number and types of signs which the city's code allows. There are concerns about aesthetics particularly of pole signs. Staff is proposing that the pole sign be changed to a monument sign to be consistent with goals and proposed programs identified in the Planning study. Public Hearing was opened. INDEX Item No. 1 Approved with amended conditions • City of Newport Beach Planning Commission Minutes December 19, 1996 Tracy Letzring with Tate & Associates at 1100 Town and Country Road, Suite 1000, Orange California, representing World Oil Marketing, the applicant. Mr. Letuing thanked the staff for working with them. They have agreed to all the conditions and will comply with them. There are four conditions with which they have concerns: • Condition No. 10, regarding the pole sign. With Exxon's reintroduction to the market, one of their key selling points is to provide lower prices to the community. They feel the pole sign is critical to their operation because it enhances the visibility on the corner of Finley and Newport. They are respectfully requesting the 25 foot pole sign. However, if the Commission does take exception to that, they will be obliged and agree with the alternative condition on page 10 limiting it to an eighteen foot pole sign. • Condition No. 16 regarding landscaping. They have carefully evaluated the design of the site and maximized landscaping space where available in expanding the planters and providing the planter between the driveways and dramatically enhance the landscaping between Finley and Newport. In doing so they want to make the one clarification that the tree well being requested between the driveways is an on -site tree well, and, If that is the case, they will comply and meet at least 177 square feet; if not, they would like the opportunity to discuss that condition further. • Condition No. 17 which requests the restrooms be made open to the • general public at large instead of just for the customers At this time, the restroom is only accessible through the cashier's booth and, for security reasons, is available to employees only as called out on page 10 of the staff report. They request that it remain for employees only for security reasons. They feel that allowing the restroom to be open to the general public will dramatically reduce the opportunity to get a wavier from the Office of the State Architect for complying with ADA requirements. • Condition No. 20 regarding the hours of operation. Initially they requested that the hours from Sunday through Thursday be extended from 6 a.m. to 10 p.m. to 6 a.m. to midnight. However, if the Commission feels it is inappropriate, they will be obliged to take the alternative condition stated on page 11 of the staff report, extending the hours from 6 a.m. to 11 o'clock p.m. on Sunday through Thursday. Chairman Ridgeway, noting that the City Attorney's office was not represented, asked of either Assistant City Manager Wood or Planning Director Temple if they had any comments regarding the ADA requirement for the restroom and public access. He asked if it should by law be a public access restroom and should it be ADA retrofitted? Assistant City Manager Wood stated that she did not know what the law is for the requirements for restroom accessible to the public at service stations. She stated that likely if it is going to be open to the public, it will need to comply with handicap accessibility requirements. She stated that she was not sure if that applied to 'for employees only'. Since the speaker mentioned a wavier from the Office of the State Architect, it probably has to do more with the state requirements and Title 24 of the State Building Code rather than ADA. Planning • 3 INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 Director Temple stated that the section of the code which addresses gasoline service stations and renovation requirements of gasoline service stations does ask that the city considers Use Permits of this nature, and that we make the greatest attempt to make these businesses more closely comply with the requirements of Title 20. The restroom is in a location where you could get direct access from the outside of the building and, therefore, staff felt it was reasonable to request at least the single facility to be accessible to the public. Commissioner Ridgeway asked staff how they felt about the restroom being accessible to customers only as opposed to the general public? Planning Director Temple responded that, perhaps the issue is, since this is a beach area, they may want to limit it to just their customers. Planning Director Temple stated the Commission may receive testimony from surrounding residents that have experienced problems when there isn't a restroom accessible at least to the customers at this business. Chairman Adams asked the staff regarding the tree well location. Planning Director Temple stated that City Traffic Engineer Edmonston and herself looked at the site plan and the location of the islands. It would be appropriate to leave the requirement for a tree well to be a flexible requirement, depending upon the final location of the islands and the location of the driveway access since it would be more desirable to have the tree well on private property and not in the public right - of -way. • Commissioner Ridgeway questioned City Traffic Engineer Edmonston regarding the two driveways on Newport Boulevard. Is there a way to prevent people from going off the intervening curb? Mr. Edmonston noted that his staff had some discussions with the representative of the service station about ways that this might be accomplished, but there are no obvious solutions. Commissioner Ridgeway asked staff about making it all one driveway. Mr. Edmonston stated that they had discussed it as one of the possible opportunities. Chairman Adams asked if they were not conditioned to do any driveway modifications? Mr. Edmonston stated that unless there were deteriorated sidewalks, they would not be required to replace it. Commissioner Ashley asked Mr. Letzring what their thoughts were regarding the 25 foot and 18 foot pole sign compared with the monument sign? Commissioner Ashley noted that Mr. Letzring said his clients would prefer to have the pole sign as opposed to the monument sign because they depend on the lower priced gasoline that they sell, and they would like to bring it to the attention of the motorists. Commissioner Ashley noted that World Oil is probably aware that in Newport there are a lot of monument signs in lieu of pole signs; how can a pole sign really make a significant difference when the station is located quite some distance from Coast Highway; and the people are driving rather slowly along Newport Boulevard when they pass the filing station, why would an 18 or 25 foot pole sign be better than a monument sign when monument signs are so common here? Mr. Letzring stated that, in re- introducing Exxon to the market, visibility to the prices and logo was critical to them at that intersection and further down the f�J INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 street. They feel the monument sign would be located on the corner, five feet from street grade which is substantially lower than the grade at which the base of the sign could be located. They also feel that the pole sign enhances visibility at that corner. The visibility would be critical to show that the new logo is here and that the prices are lower. Chairman Adams noted to Mr. Letuing that the staff report indicates the garage bay is being used for remediation equipment. What the plans were for the use of that bay when the equipment is removed? Mr. Letuing stated that, at this time, the remediation equipment will be there for an indeterminate amount of time, and there is no other use, at this point in time, planned for that bay when the equipment is removed. Staff report addresses some non -uses of the bay area in the event that the equipment is removed. Chairman Adams asked Mr. Letuing if they indented to have vending machines in the building? Mr. Letuing answered that, at this time, they are not anticipated. Commissioner Ridgeway asked Mr. Letzring regarding his comment about the driveway. He asked how the applicant feels about making it a single drive apron? Mr. Letzring answered that, when it was brought up in the initial conversations, it was a very good point. They have reduced the filling positions from 12 to 8 which • will help circulation on and around the site. They are also locating the islands for better circulation, and taking the advise of the staff to relocate the southerly island five feet south to further enhance the circulation. They feel that in itself will improve the flow of traffic around the curb. Also, on site, where the curb is located between driveways, it is their intention to comply with the landscaping condition requiring a planter and tree to go there. They feel this will completely solve the situation. Commissioner Ridgeway stated that their answer is, they do not want all driveway. Mr. Letuing stated that their intention, at this time, because it is a Caltrans right -of -way, they are under a critical schedule for the remediation of this site. They already have fueling plans designed and approved through Fire and Health. They feel puffing the improvement process through the state's hands it will result in significant delays. They prefer to find a better solution. He feels by realigning the islands and putting the planter there will solve the situation. Gus Michael, Vice President of Marketing for World Oil, stated that they would like to have the curb cut and this is the first time is has been offered to them at any of their stations. Commissioner Ridgeway asked if Caltrans would approve the curb cut of the Planning Commission approves it; there is only about four feet of curb involved? City Traffic Engineer Edmonston stated that their past experience with Caltrans is that they can be and have been very difficult in terms of non - standard types of driveways, and they generally prefers narrower than wider driveways. There have been a number of instances on Coast Highway in particular where we have tried to require a project to have a certain width driveway and Caltrans will not let it be • 5 INDEX City of Newport Beach • Planning Commission Minutes December 19, 1996 built as wide as we would like it. Mr. Edmonton concluded that the previous speaker is correct, that with the addition of the tree there, it would go a long way to giving people additional guidance they don't have now. Mr. Letzring stated he would like to clarify the two points associated with the pole sign. First of all, the benefit for a pole sign versus a monument sign in terms of sign, having worked for Chevron in the past, numerous studies have been done and they have found that high signs get better visibility. They have also found that with monument signs, there is a loss of visibility to the sidewalk and possibly the street as well. With the monument sign being down low, cars or people behind it are not necessarily seen. With the pole sign, people can be seen underneath that sign because there are two smaller poles as opposed to a wall that the monument provides. Douglas Smith, who resides at 506 Clubhouse (behind the gas station involved) stated that he just received a notice on December 6 regarding the project and stated a few concerns regarding the project. • How has this location been reviewed and is category exempt under the Environmental Quality Act? • The type and installation of the underground storage tanks. • The need for public restrooms on site. • • The how's of gasoline delivery. • The need for a wall between the service station site and the alley. Tom Herron resides at 504 Clubhouse. He stated his neighbors Walt Talleur Jr. at 3311 Finley Avenue, Dora Redman at 503 34th Street, and Ida Wensel at 504 Clubhouse could the meeting tonight. Mr. Herron spoke to them by phone, and they said he could speak for them. Mr. Herron wants to address the same issue that Mr. Smith did as regards the need for a wall. Mr. Herron's opinion that it is in code is for safety, health and nuisance factors, to separate the commercial activity of the gas station from the residents of the area. • Safety - the structure in which he resides has been hit five times in the seven years he has lived there. • Health - there is a vending machine for gas and air. Cars that overheat spill coolant which runs out into the alley. Mr. Smith has mentioned the toilet issue which is a real nuisance. Also the fuel truck which does over spill sometimes and that runs down into the alley. • Nuisance - Mr. Herron did know the gas station existed when he rented the house, but did not realize that people would be knocking on the door at 4 o'clock a.m. to use the phone or toilet. Most of these problems would be taken care of by a separation wall. Marla Smith resides at 506 Clubhouse and expressed concerns regarding the operations of World Oil and their responsiveness to health and community concerns. P INDEX City of Newport Beach • Planning Commission Minutes December 19, 1996 Public Hearing closed. Chairman Adams asked staff to elaborate on their recommendation with regard to the wall. Also, Chairman Adams noted in the staff report, that the items that are discussed, the site size, parking, and wall, are characterized as development standards. Planning Director Temple noted that one of the persons testifying questioned the appropriateness of a categorical exemption from the provisions California Environmental Quality Act. This does not constitute a wavier of any public health or other environmental regulations as set out by the state for the county in terms of public health itself. The California Environmental Quality Act is an act which addresses the affects of development in the area, and this particular remodel qualifies under those categorical exemptions and would not require a negative declaration or an Environmental Impact Report. This does not mean that they do not need to meet their environmental safety standards for public health. Chapter 20.70 of the Newport Beach Municipal Code is the chapter which governs gas automobile service stations. Contained within that code section is a set of development standards for service stations and those standards are to apply to all service stations that are constructed on new sites subsequent to the effective date of the ordinance and to the re- modeling or re- building of the existing stations, • except as provided for in Section 20.70.070(d). That section states, "any service station being remodeled or rebuilt to an extent requiring a use permit shall be designed so as to comply as nearly possible with the standards for service stations on new sites as set forth in the proceeding section in regards to size of the property, location of the existing structure and other existing constraints." The development standards, therefore, are not hard and fast requirements for situations of remodel. It is the time when remodels come forward to attempt to the greatest extent possible to get the existing facilities to conform to the development standards set out in Title 20. In terms of the requirement for the wall, the actual requirement is stated on page 8 of the staff report where it states, "Service stations shall be separated from a residentially zoned property or property used for residential purposes by 6 foot high masonry walls utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to three (3) feet in height within adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines." In this particular case, the property line in question is the property line between the commercial site and the city's public alley. It would not be feasible to place a 6 foot high masonry wall on the alley line, as the alley itself is only 10 feet, and it would negatively affect ingress /egress for all vehicles in that alley. Additionally, it would adversely affect the flow of traffic on site. More importantly, if it were to conform to the city's zoning regulations, the 6 foot high masonry wall would have to conform to the required 10 foot alley side setback which would put it into the middle of the egress on the rear of the pump island and would probably prohibit delivery of gasoline on the site. It was the opinion of staff that, in this 'particular case, it simply was not feasible to install a wall in that location. • INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 Chairman Adams noted that the staff report talks about drainage but there are no specifics. Is there an item that discusses continuous drains along the edge or grading to prevent spills from reaching the alley, and will they be part of the requirement? Planning Director Temple stated that they will be required as part of the building permit. Chairman Adams asked Planning Director Temple to explain, for the benefit of the audience, what will be required with regard to drainage? Planning Director Temple noted that, as part of the precise plans, the applicant will be required to submit a site plan which will include their drainage plan which will be reviewed by the Building Department for compliance to the city's building codes. Chairman Adams asked if there is a spill or a radiator is overflowing, will that material be able to physically enter the alley? Assistant City Manager Wood noted that it would be another item to be addressed on the conditions of approval. Commissioner Ridgeway asked if the staff or applicant could address the question of the double hulled tanks in the water table, sand, soil and potential pumping. John Hundley of World Oil Marketing Company stated regarding the double hulled tanks that, during construction, because of the high level of water underneath the • site, they will need to pump to a certain extent. He explained they are making a wet installation which means they will not pump too much and then lower the tanks in, and at the same time, ballast the tank by putting water in the tank and securing it at the bottom with a "dead man" (a concrete block which will be tied down). As to the question regarding whether the pump should be operating all year, Mr. Hundley stated that it will not be necessary because once it is set up and strapped down, the tank will be stabilized. Commissioner Ridgeway stated the he understood that in the design, there are two parcels. Parcel 1 where the main part of the remediation is taking place for the remodel and parcel 2 which is an existing building. He stated, on the back of parcel 2 is the existing bay building and are the dispensers for water and air. He feels that a 6 foot separation wall could be put on that parcel. Commissioner Ridgeway feels that a separation wall for a small portion of that parcel will: • force the cars back onto the site and out of the alley and • have the ability to capture fluids from cars that are overheating. Commissioner Ridgeway does not think it would interfere with the ingress /egress of the delivery from the truck, and, in a small way, will mitigate cars that congregate at that point. Planning Director Temple stated that, although not depicted on the map, she indicated that one of the modifications was for a trash enclosure requested by staff as a condition of approval in this location. She believes it is possible to look at the design of the trash enclosure for possible extension of a portion of it to create a kind of wall that Commissioner Ridgeway is speaking of in the approximate 5 foot from • 8 INDEX City of Newport Beach • Planning Commission Minutes December 19, 1996 the alley line setback. Commissioner Selich noted the square footage of the signs are proposed in the conditions of staff's recommendation and asked what was the total square footage of the signs and how does it compare as to what is allowed in the ordinance? Planning Director Temple stated, in terms of the canopy signs, they are typically measured from the extent of their illumination or the extent that they create a presence. The way that the canopy signs are designed, their square footage is 45 sq. ff. each, however, the actual letter face is about 8 sq. ft., thus staff felt that the two canopy signs, while larger than would normally be allowed at 10 sq. ft., were still arguably within the intent, in the sense that the text was within the limit of the regulation. The pole sign as proposed complies with the current sign code. Commissioner Selich asked if the only one that was out of compliance would be on how the square footage of the canopy of signs were interpreted? Planning Director Temple stated that and the number, they were originally proposing four, one on each side of the canopy where two only are okay. Commissioner Ridgeway commented • regarding the requested signage, he has no problem with an 18 foot pole sign. He stated that with monument signs, you cannot see the price of gasoline, even if you're right at the site, if there is a van next to you. He is not • in favor of a 25 foot pole sign, but does not have a problem with an 18 foot sign so people can see the reader board a little sooner than being right on top of it. • As to the rest room - a lot of money is being spent on a remodel with state of the art equipment and yet World Oil is not doing any remodel to the building and Commissioner Ridgeway is not agreeable to that. He has seen people wanting to get in to purchase cigarettes and use the rest room. Thus Commissioner Ridgeway would require a public rest room. • He stated that he is in favor of doing some mitigation and separation of the neighborhood behind World Oil. • hours of operation - He is neutral. Commissioner Ridgeway stated that he does not feel that World Oil is the only one creating all the problems. He stated there is a row of commercial stores that are all creating part of the problem, and some of the parking for the stores is physically within the field of the residential area. Although he doesn't feel World Oil is creating all the problem, he thinks they can help. He would also require a locked trash enclosure. Commissioner Selich stated that he is in concurrence with almost everything Commissioner Ridgeway said with the exception of the pole sign. He would concur with the staff recommendation for the monument sign. He thinks there have been substantial considerations given to this project in other ways. He does not see how a pole sign would do that much additional good for the business and feels the monument sign would help improve the aesthetics of the area. • 9 INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 Commissioner Ashley asked, if from what Commissioners Ridgeway and Selich have said, what Commissioner Ridgeway is recommending is that they approve the staff's recommendations in the report except for the fact that Commissioner Ridgeway would like to have a wall that would separate the residential area from the filling station on the alley side, plus he would like to have the trash enclosure, and the alternative recommendation with respect to the pole sign, Commissioner Ridgeway recommended a pole sign at 18 feet, otherwise Commissioner Ridgeway is agreeing with what the staff proposed in all other cases? Commissioner Ridgeway stated that is correct, and he feels strongly about the pole sign. Commissioner Ridgeway wanted to clarify one thing on the wall; he is only referring to parcel 2 where the building section is, not where the canopy sections are. Chairman Adams stated that he thinks the city will benefit greatly from this project in that the remediation is going to be advanced, and this station will be cleaned up. However, the Commission is making substantial considerations. There must be a bathroom there and it must be handicapped accessible. Chairman Adams concurs with staff regarding signage. The Commission is moving to trying to diminish the commercial sign impacts along Newport Boulevard. He will support the monument sign as long as it can be placed in such a way that it does • not block sight lines. Chairman Adams commented with regards to noise. He wanted to make sure there were no existing or future operations that are going to provide noise nuisance to the residents. The remediation equipment is inside the service bay and that is good from a noise and aesthetics standpoint. There is a noise code, Chairman Adams asked if there is anything that could appropriately be imposed on this that would go beyond the noise code requirement? Planning Director Temple stated that there is one condition that addresses the potential for buzzers, beepers, etc. Planning Director Temple then suggested an additional condition that would address any mechanical problems associated with the remediation. Planning Director Temple then suggested language to be added to Condition 13 which states that "The proposed trash enclosure be set back a minimum of 5 feet from the alley right -of- way ", as follows: "the design of the enclosure include wall extensions to protect the privacy of adjoining residents to the greatest extent feasible as determined by the Planning and Public Works Department." Chairman Adams noted as to hours of operation, he would like to see it kept at 10 p.m. which is the current hours of operation. Commissioner Ridgeway made a motion for approval subject to the additional Condition No. 13, that one public rest room be provided at ADA standards, and an 18 foot pole sign be considered and approved, and maintain the current hours of • 10 INDEX City of Newport Beach • Planning Commission Minutes December 19, 1996 operation. Chairman Adams asked if Commissioner Ridgeway would consider incorporating the addition to the noise that Planning Director Temple suggested, and also some language strengthening the drainage into the alley? Commissioner Ridgeway responded yes. Planning Director Temple suggested additional conditions as follows: • "Any additional mechanical equipment which may be required as a result of the project will be inside the building, and any sounds produced by such equipment shall be contained within the building. • All drainage flow from the property shall be intercepted at the property line. Commissioner Ridgeway made the above a part of his motion. Commissioner Selich made a substitute motion. All of the items in Commissioner Ridgeway's motion with the exception of the pole sign be a monument sign as recommended by staff. Chairman Adams stated that he feels that the residents will benefit from the • rehabilitation of the station, and thinks, with staff's help, that they have incorporated a set of conditions that optimizes the conditions for the adjoining neighbors and the community. Chairman Adams thinks residents should recognize that the gas station can continue to operate as it does today for sometime with legal non - components, and, while this may not be what everyone wants, if the applicant chooses to proceed under the conditions in the motion, it is a significant improvement over today's conditions. Chairman Adams noted to the applicant that their property is across from City Hall and very visible to the City, and reminded them that the Commission has the ability to call back these approvals if there is a violation of them, and it will happen if there is any spillage into the alley or abuses of these conditions. Vote on Substitute Motion: Ayes: Selich, Ashley Noes: Ridgeway, Adams Absent: Gifford, Kranzley Abstain: None Substitute Motion fails. Vote on the original motion: Ayes: Ridgeway, Selich, Ashley Noes: Adams Absent: Gifford, Kranzley Abstain: None • INDEX City of Newport Beach • Planning Commission Minutes December 19. 1996 Motion carries with amended conditions of approval. Commissioner Selich stated, for the record, that he changed his vote because he felt the project should move ahead and not be stalled on one issue. FINDINGS: 1. That the proposed developmentis consistentwith the Land Use Element of the General Pion, since gasoline service stations are permitted in the Retail and Service Commercial designation. 2. That this project has been reviewed, and it has been determined that the project is categorically exempt under Class 1 (Existing Facilities) and Class 2 (Replacementor reconstruction of existing structures). 3. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of the developer per Section • 20.80.060 of the Newport Beach Municipal Code. 5. That the approval of Use Permit No. 3595 for the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City for the following reasons: The proposal will bring the facility into greater conformance with the City requirements for service stations than the existing facility, which has not generated any neighbor complaints. That the provision of one parking space is adequate to accommodate employee parking on -site to serve the gasoline station facility. That the development standards as they apply to automobile service stations have been addressed to the greatest extent possible in conjunction with the proposal as submitted. • That issues or concerns related to noise generated by deliveries and light and glare generated by the facility have been adequately addressed by the conditionsof approval. 6. That the proposed modifications to the Zoning Code related to the proposed sign area (45 sq. ft.), and the encroachments into the pump island (9 foot encroachment) and alley setbacks (5 foot encroachment) along Newport Boulevard and the alley, respectively, are consistent with the legislative intent of Title 20 of the Municipal Code since they will not adversely impact traffic or • 12 INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 pedestrian circulation. CONDITIONS: 1. That development shall be in substantial conformance with the approved site plan and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 4. That a 10 foot radius corner cutoff at the comer of Finley Avenue and Newport Boulevard be dedicated to the public prior to issuance of the occupancy permit or final of the building permits. 5. That 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 within the Newport Boulevard, Finley Avenue or alley rights -of -way, unless otherwise approved by the Public Works Department. 6. That the pump islands and drive approaches along Newport Boulevard be designed to align with one another. The alignment of the drive approaches with the pump islands must be approved by the Public Works Department. If the existing drive approaches are not reconstructed, the southerly pump island shall be moved five (5) feet south to facilitate vehicles maneuvering between the islands and to allow easier turning movements from the south driveway on Newport Boulevard into both sides of the south island, unless otherwise approved by the Public Works Department. 7. That all on -site parking be shown on the site plan and approved by the City Traffic Engineer. That the site layout shall be redesigned in such a way as to include one on -site parking space for employee parking. That the employee shall park on -site at all times. 8. 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 undergrounding is unreasonable or impractical. That all signs shall conform to the provisions of Chapter 20.06.050 C of the Municipal Code, with the exception of the pole sign and the canopy signs. • 13 INDEX is City of Newport Beach Planning Commission Minutes December 19, 1995 10. That the new pole sign shall be limited to a maximum height of 18 feet consistent with the height of the existing pole sign and shall be constructed in accordance with the City Standards for sight distance. 11. That the number of canopy logo signs (approximately 45 sq. ft. each), shall be limited to the two fascias on the Newport Boulevard and Finley Avenue elevations (canopy logo panels on the alley and the interior property line elevation are prohibited). That the canopy fascias, with the exception of the identification logo panels on the Newport Boulevard and Finley Avenue elevations shall not be internally or externally illuminated. 12. That all mechanical equipment and trash areas shall be screened from East Coast Highway and adjoining properties. That the trash dumpster shall be stored within the existing building or within a trash enclosure with three walls and an operating fence or gate, which shall remain closed at all times, except during collection of the refuse by a refuse collection agency. A temporary enclosure structure may be utilized (as approved by the Planning Director) until such time as area within the building is available for the storage of the dumpster. 13. That the proposed trash enclosure be set back a minimum of 5 feet from the alley right -of -way. The design of the enclosure shall include wall extensions to protect the privacy of adjoining residents to the greatest extent feasible as determined by the Planning and Public Works Department. 14. That the on -site drainage be approved by the Public Works Department prior to issuance of any grading or building permits. 15. That prior to issuance of building permits a landscape plan and related irrigation system for the existing or required landscape planter areas shall be approved by the Community Services Department and the Planning Department. Said landscaping and irrigation system shall be implemented in accordance with plans approved by the Planning Department, and shall be continuously maintained. 16. That prior to the issuance of the certificate of occupancy, additional landscaping shall be provided on -site, an amount equal to not less than 177 sq. ft.(approximately 2.57o of the site area) along the Newport Boulevard frontage, to soften the streetscape impact of the project. Further, that the additional landscaping shall be accomplished by a combination of the expansion of the existing planters, a new planter at the southeast comer of the property and the addition of a tree well between the driveways, unless otherwise approved by the Public Works Department and the Planning Department to facilitate vehicular and pedestrian circulation. 14 INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 17. That the on -site restroom shall be made available during all hours of operation to the public at large and not restricted to customers only. 18. That storage of all products and merchandise, except as permitted in Section 20.70.050(b), shall be within the building at all times. 19. That if dispensing (vending) machines are used, space shall be provided inside the building for any machines to be used for the dispensing of soft drinks, candy, cigarettes, ice and similar items. 20. That the hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 12:00 midnight, Friday and Saturday. That all deliveries (including fuel deliveries) shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., daily. 21. That no automobile service, repairs or car washing shall be permitted on the site unless an amendment to the use permit is approved by the Planning Commission. 22. That buzzers and amplified signaling bells shall be located within the building • and shall not generate noise beyond that of a normal residential telephone ring. 23. That the canopy lighting shall be flush mounted or recessed and the light source and shall be shielded so that it is not visible from the adjoining public streets, alley or neighboring residential properties. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system (including luminaries) has been designed, directed, and maintained 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. 24. That the grantee shall provide the oil company, the property owner and /or lessee each with a copy of the conditions embodied on the permit, and receive a written receipt therefore, so that there shall be no person operating the premises who is not aware of the conditions of operation. If, during any inspection of the premises, the City shall find violations of the requirements of the use permit, it shall notify both the oil company and the operator of the station in order to assure compliance. 25. 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 • 15 INDEX • City of Newport Beach Planning Commission Minutes December 19, 1996 amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 26. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 27. Any additional mechanical equipment which may be required as a result of the project will be inside the building, and any sounds produced by such equipment shall be contained within the building. 28. All drainage flow from the property shall be intercepted at the property line. ... SUBJECT: Bechler Residence (T. Wells & M. Nobel Inc., applicant) 2209 Cliff Drive • Variance No. 1212 Variance request for the construction of a single family dwelling where the required handrails of two roof decks exceed the permitted height limit in the 24/28 Height • Limitation Zone. The applicant requested a continuance to the next Planning Commission meeting. Motion was made by Commissioner Ridgeway to continue this item to the January 9, 1997 Planning Commission meeting. Ayes: Ridgeway, Adams, Selich and Ashley Noes: None Absent: Gifford and Kranzley Abstain: None Chairman Adams dismissed the meeting, with no Additional Business other than asking if there were any excused absences, due to the Christmas holiday. a.) City Council Follow -up- none. b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty Food Permits, Modification Permits and Temporary Use Permit approvals - Specialty Food Service Permit for 108A 22nd Street was approved. Modifications for 208 Dahlia Avenue, 2800 Broad Street, 543 Redlands Avenue 40 16 INDEX Item No. 2 Continued to January 9, 1997 Additional Business • City of Newport Beach Planning Commission Minutes December 19, 1996 and 402 Jasmine Avenue were approved. C.) Oral report from Planning Commission's representative to the Economic Development Committee- none. d.) Oral report from Planning Commission's representative to the Balboa Peninsula Planning Advisory Committee- none. e.) Matters which a Planning Commissionerwould like staff to report on at a subsequent meeting - none. f.) Matters which a Planning Commissioner may wish to place on a future agenda for action and staff report - none. g.) Requests for excused absences- none. ADJOURNMENT: 8:45 p.m. ED SELICH, SECRETARY • CITY OF NEWPORT BEACH PLANNING COMMISSION • 17 INDEX