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HomeMy WebLinkAboutalbertsons off site parking agreement - up3650PLANNING DEPARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92658 -8915 Memorandum To: Planning Commission From: Russell Bunim, Assistant Planner Re: Albertson's Off -Site Parking Agreement pursuant to Use Permit No. 3650 (3049 East Coast Highway, Corona del Mar, 92625) Introduction On May 3, 2007 the Planning Commission inquired about possible violations of conditions of approval for Use Permit No. 3650 (Off -Site Parking Agreement). The Planning Commission became aware of this issue though a complaint submitted to the city by a resident in Corona del Mar. This memorandum is intended to be a follow up on the report by the Planning Director presented at the May 17, 2007, Planning Commission meeting. Conditions of Approvals Condition #9 "Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. daily, unless otherwise approved by an amendment to this Use Permit." • Code Enforcement Officer Shane Burckle reported a delivery by a vender truck to Albertson's at 6:44 a.m. on May 15, 2007. (Exhibit 2) Condition #18 "The owner of the market shall provide blue meter parking permits to all employees and renew them on an annual basis. The permit shall be provided at no cost to the employees. The employees shall be directed to park in the City parking lot on Bayside Drive at Marguerite at all times space is available in the parking lot. After 7:00 p.m., the employees shall park on site," A • Staff can confirm that Albertson's has not complied with this condition from information gathered of passed parking permit purchases (see Exhibit 1). • The store manager verbally confirmed he has 65 employees. Condition #23 "During hours not available for delivery, the service bay shall be chained." Code Enforcement Officer Shane Burckle reported the service dock not being chained. (Exhibit 2). Condition #24 "Prior to the issuance of building permits the applicant shall obtain the appropriate permits to widen the driveway closest to First Avenue from the parking lot onto Iris Avenue. The work on the driveway shall be completed under an encroachment permit issued by the Public Works Department. Upon completion of the driveway widening, delivery trucks shall be required to exit the shopping center from this driveway and turn right onto Iris Avenue. Delivery trucks shall be prohibited from driving south down Iris Avenue and Jasmine Avenue beyond First Avenue." Code Enforcement's busy schedule did not permit them to watch the routes of delivery trucks. Finding #4 (also Standard City Requirement #9) "The approval of Use Permit No. 3650 and the Off -Site Parking Agreement 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 and is consistent with the legislative intent of Title of this Code...." Code Enforcement Officer Shane Burckle reported maintenance workers at the site creating noise from blowers used by the gardeners and a generator used by the curb painters. (Exhibit 2) IV Conclusion Staff met with Store Manager Ron Reipma (Managing the Corona Del Mar store since 2005) on May 30, 2007, to discuss the lack of compliance with Use Permit conditions of approval. Mr. Reipma was provided the data included with this memo and a copy of the staff report dated June 8, 2000, that includes the findings and conditions of approval (Exhibit 3). Mr. Reipma stated that he was not aware of all the conditions and will comply by taking the following measures: • Survey his employees to determine who needs a pass. Then he will make them read and sign an agreement to park in the City lot. • Not allow his receiver to schedule or accept deliveries before 7:00 a.m. • Require a read and sign agreement for truck drivers not to drive in the residential neighborhood and post signs of prohibited truck routes. • Not allow maintenance workers to begin before 7:00 a.m. • Keep the chain on the service bay locked during the non - delivery hours of 8:00 p.m. to 7:00 a.m. Staff believes that Albertson's is now well - informed of all their conditions of approval and will take the proper actions to be in compliance. If the Planning Commission deems necessary, Staff will periodically review Albertson's compliance. C HISTORY OF PERMITS PURHCASED EXHIBIT 1 History of Permits Purchased: YEAR DATE ON RECEIPT PRICE IN $ 1999 14 permits purchased 10/18/99 25.00 2000 30 permits purchased 01 /20 /00 100.00 15 permits purchased 10 /05 /00 25.00 2001 • 7 permits purchased 07/13/07 50.00 2002 17 permits purchased 04/08/02 75.00 2003 30 permits purchased 04/09103 75.00 2004 • 28 permits purchased 07/07/04 50.00 2005 No record of purchase -- -- 2006 10 permits purchased 05/30/06 75.00 2007 • 4 permits purchased 01/03/07 100.00 • 4 permits purchased 05/11/07 75.00 10 permits purchased 05131107 75.00 Fee Schedule Permits are valid from January 1 to December 31 and prorated as follows: January 1 through March 31: $100 April 1 though June 30: $75 July 1 though September 30: $50 Eli 4 October 1 through December 31: $25 0 0 History of Permits Purchased: YEAR DATE ON RECEIPT PRICE IN $ 9999 • 14 permits purchased 10/18/99 25.00 2000 • 30 permits purchased 01/20/00 100.00 • 15 permits purchased 10 /05/00 25.00 2009 • 7 permits purchased 07/13/07 50.00 2002 • 17 permits purchased 04108/02 75.00 2003 • 30 permits purchased 04/09/03 75.00 2004 • 28 permits purchased 07/07/04 50.00 2005 • No record of purchase -- -- 2006 • 10 permits purchased 05/30/06 75.00 2007 • 4 permits purchased 01/03/07 100.00 • 4 permits purchased 05/11/07 75.00 • 10 permits purchased 05/31/07 75.00 Fee Schedule Permits are valid from January 1 to December 31 and prorated as follows: January 1 through March 31: $100 April 1 though June 30: $75 July 1 though September 30: $50 October 1 through December 31: $25 0 10 PHOTOS EXHIBIT 2 1�- 14 STAFF REPORT DATED JUNE 8, 2000 EXHIBIT 3 15 )�D_ dEW�Rh CITY OF NEWPORT BEACH Hearing Date: June 8, 2000 p' B COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 1 lq PLANNING DEPARTMENT Staff Person: Eugenia Garcia 33a NEWPORT BOULEVARD 644 -3208 NEWPORT BEACH, CA 92658 0 4) 644-5' =00: VAX (74)5144'5150 REPORT TO THE PLANNING COMMISSION SUBJECT: Albertson's, Inc. (Mark Steinmann, applicant) 3049 East Coast Highway ACTION: Determine if proposed parking plan is in substantial conformance with the approval of Use Permit No. 3650 Background On June 14, 1999, the City Council approved a use permit for a remodel and construction of a storage mezzanine within the existing Albertson's Grocery Store. A building permit was issued for the remodel on October 22, 1999. The remodel is close to completion and the owners are attempting to final the permit and obtain final occupancy. The conditions of approval have been completed with the exception of a condition requiring 75 on -site parking spaces, as there are only 72 spaces on site. Discussion The Albertson's market is located on a separate lot from the adjacent parking lot and shares the parking with the other commercial businesses located in the shopping center. Condition No. 4 of Use Permit No. 3650 requires that 75 parking spaces be provided in the off -site parking lot and a Reciprocal Access and Parking Easement Agreement was required as a condition of approval. The previously approved parking plan dated July 6, 1989 showed 76 parking spaces which have been verified by City aerial photos of the site (1995). In review of the most recent parking plan, there are discrepancies in three areas since the 1989 plan: the redesign of the two rows of angle parking spaces located through the center aisle of the parking lot resulted in the loss of 2 spaces, one handicapped space was added in front of the Blockbuster Video store, which resulted in the loss of one space, and an expanded trash enclosure resulted in the loss of one space. These changes deleted 4 parking spaces for a total of 72 on -site parking spaces since 1989. The parking plan submitted with the Use Permit for the mezzanine approval shows 75 spaces to be provided. Upon a field verification by staff, it was discovered that 72 parking spaces are located in the common parking area, three spaces short of the approval. The off - street parking requirement for the mezzanine addition to the market was considered retail use by Code, but functions as storage use that has a lower parking demand. Based on the proposed use and lowered parking demand, and since the project would not delete any of the parking spaces currently on site, the City Council approved the applicant's request for a waiver of 9 additional parking spaces when the mezzanine addition was approved. As previously stated, the City's aerial photos of the site show that the shopping center has been operating with 72 spaces at least since 1995 when the aerial photos were taken. Additionally, the Traffic Engineer has reviewed the plan and does not think that additional spaces can be added to this site without removing planters and landscaping. The circulation has remained basically the 0 same and there are no additional planters or hardscape features that have modified the parking plan since 1989. Recommendation Staff believes that the proposed parking plan is in substantial conformance with the approved use permit because the shopping center has operated with 72 parking spaces for several years and the new addition to the market is considered retail, although the. proposed use is warehouse, which generates a smaller parking demand. Staff recommends that the Planning Commission find the plan in substantial conformance with the approved plan and permit 72 spaces instead of 75 spaces as conditioned. Submitted by: PATRICIA L. TEMPLE Planning Director r Prepared by: EUGENIA GARCIA Associate Planner UP 3650 Albertwn's— Disc.ltem Paget NV FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3650 Findings The property is designated for "Retail and Service Commercial' use by the Land Use Element of the General Plan. The proposed use is consistentwith that designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (E)isting Facilities) requirements of the California Environmental Quality Act. 3. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 4. The approval of Use Permit No. 3650 and the Off -Site Parking Agreement 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 and is consistent with the legislative intent of Title 20 of this Code the following reasons: • The project is consistent with the guidelines and intent of the FAR provisions of the Municipal Code. • The offsite parking area is so located as to be useful in connection with the supermarket use since the lots are contiguous. • Use of the off -site parking lot will not create undue traffic hazards in the surrounding area. • The two parcels are in common ownership. • The suggested conditions of approval should limit potential noise and light spillage and glare concerns associated with the supermarket operation. • 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. • The proposed addition is a second floor area for the storage of sales products only which will not generate an increase in traffic or parking demand. • There is no increase in retail floor area. • No new employees will be added as a result of the addition. • The proposed addition will not eliminate any of the parking spaces currently provided on site. With the new truck well location adjacent to the rear of the building, no parking stalls will be required to be vacant when a truck makes a delivery because the maneuvering will now occur in the drive aisles. The new enclosed trash compactor bin will reduce the frequency of pick- ups for trash truck served garbage bins. • Adequate provision for vehicular traffic circulation is being made for the entire shopping center facility. NO Conditions: 1. The development shall be insubstantial conformance with the approved site plan, floor plan and elevations. except as noted below. The retail grocery store facility operation shall be limited to between the hours of 6:00 a.m. and 12:00 a.m., daily. Any increase in the hours of the facility shall require an amendment to the use permit. 3. A covenant to hold the two existing parcels that comprise the subject property into one building site shall be approved and recorded prior to the issuance of building or grading permits for the project, unless otherwise approved by the Planning Department. 4. Seventy -rive (75) parking spaces shall be provided in the off -site parking lot location to serve the proposed operation of the facility. 5. The parking lot shall be maintained in a clean and orderly manner. 6. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on the contiguous lot commonly referred to and addressed 3007 -3027 East Coast Highway for the duration of the proposed use or uses on the subject site. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shag apply. Such instrument shall be recorded in the office of the County Clerk and copies thereafter filed with the Planning Department. 7. Ali mechanical equipment shall be screened from view of nearby properties and public streets within view of the equipment, and shag be sound attenuated in accordance with Chapter 1026 of the Newport Beach Municipal Code, Community Noise Control. 8. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash containerenclosure. 9. Deliveries and refuse collection for the facility shag be prohibited between the hours of 8:00 p.m. and 7:00a.m. daily, unless otherwise approved by an amendment to this Use Permit. 10. The operator of the grocery store use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shag remain dosed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shag 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. �O 13, The area outside of the establishment, including the parking lot and 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. 14. The project shall be limited to a maximum of 19.842 gross square feet. Any increase beyond that approved shall be subject to the approval of an amendment to this use permit or an application for a use permit approved by the Planning Commission, if required. 15. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any budding permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of right spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of budding 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. 16. Intersections of West Coast Highway and the private drive shall be designed to provide sight distance in accordance with Standard 110-L. 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. 17. 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 18. The owner of the market shall provide blue meter parking permits to all employees and renew them on an annual basis. The permit shall be provided at no cost to the employees. The employees shall be directed to park in the City parking lot on Bayside Drive at Marguerite at all times space is available in the parking lot. After 7:00 p.m., the employees shall park on site. 19. Wall Signs shall be limited in size and location as depicted on the plans submitted with this application and the existing pole sign on site shall be lowered to a monument sign in compliance with sight distance requirements and as approved by the Planning Department and Public Works Department. 20. Outdoor display and sole of merchandise is prohibited. 21. The four existing coke machines that face the parking lot shall be screened on three sides with a solid enclosure consistent with the exterior facade of the supermarket building and approved by the Planning Department. 22. A comprehensive landscape plan shall be prepared by a licensed landscape architect. The plan shall include landscape proposal around the perimeter of the 'I , building by East Coast Highway include street trees, vines and ground cover to soften the mass of the building walls. The plan shall be submitted, reviewed and approved by the Public Works, General Services and Planning Departments. The approved landscaping shall be installed in accordance with the required plan and shall be permanently maintained in a clean and orderly fashion. Prior to Building Permit final, the applicant shall schedule an inspection by the Code Enforcement Division to confirm compliance with approved landscape plan. 23. During hours not available for delivery, the service bay shall be chained. 24. Prior to the issuance of building permits the applicant shall obtain the appropriate permits to widen the driveway closest to First Avenue from the parking lot onto Iris Avenue. The work on the driveway shall be completed under an encroachment permit issued by the Public Works Department. Upon completion of the driveway widening, delivery trucks shall be required to exit the shopping center from this driveway and turn right onto Iris Avenue. Delivery trucks shall be prohibited from driving south down Iris Avenue and Jasmine Avenue beyond First Avenue, Standard City Reauirements: 1. The project is subject to all applicable City ordinances, policies, and standards, unless specificallywaived or modified by the condition of approval. 2. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 3. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 4. The facility shalt be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 5. The on -site parking, vehicular circulation and pedestrian circulation systems of both sites be subject to further review by the Traffic Engineer. 6. The parking spaces shall be marked with approved traffic markers or painted white fines not less than 4 inches wide. 7. The operator of the supermarket facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the project and to develop a set of corrective measures necessary in order to insure compliance. Vs 8. A washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 9. 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. 10. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. t