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ARCO_UP2007-009_2100 Bristol St (PA2007-059)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item 4 August 9, 2007 TO: PLANNING COMMISSION FROM: Brandon Nichols, Associate Planner (949) 644 -3234, bnichols @city.newport— beach.ca.us SUBJECT: ARCO Gas Station Convenience Store 2100 Bristol Street Use Permit No. 2007 -009 (PA2007 -059) APPLICANT: Hanano Properties, LLC PROJECT SUMMARY The applicant is requesting a use permit to allow the addition of a convenience store, including beer and wine sales, to an existing Arco service station located 2100 Bristol Street in the Santa Ana Heights Specific Plan area. The existing service station building will be converted to accommodate the new convenience store and a small addition is proposed to provide additional storage area. Proposed exterior improvements to the service station building include new stucco and new roofing material for the building and canopy. Site improvements include additional landscaping along interior property lines and new lot striping and directional signage to promote enhanced circulation through the site. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2007 -009 subject to the findings and conditions of approval included in the attached draft resolution. PROJECT DESCRIPTION AND SETTING The subject property is located at the southwest corner of the intersection of Bristol Street and Birch Street. The 16,484 square -foot site is developed with an Arco service station consisting of a 1,271 square -foot building and a canopy covering eight fueling stations. The existing building currently houses an office area, cashier, small area devoted to snack and drink sales, automobile service bays and storage areas. 1 + ), A •`tit �.\.:N.`1!F/`: � tc• „a,.. .; .� � �'.. Arco Gas Station Convenience Store August 9, 2007 Page 3 General Plan Land Use Designation Zoning Designation (SP -7 GC - Santa Ar Heights Specific Plan, General Commercial) N., - - N. N,../ H ARCO Gas Station Convenience Store August 9, 2007 Page 4 The proposed convenience store will occupy the entire floor area of the existing building. A 173 square -foot addition at the rear of the building will provide additional area for the storage of convenience store goods. The convenience store will consist of a cashier booth and office, soft drink fountain and coffee area, cold beveragetfood refrigerators, merchandise display racks and restrooms. The establishment is proposed to be open from 5:00 am to 12:00 am. With the exception of the 173 square -foot addition, no further structural alterations are proposed. New sandstone colored stucco will be applied to the exterior of the building and the proposed addition. The existing building and canopy roof will be replaced with rustic red metal panel roofing. Vehicular access is provided to the site via four separate driveways (two on Bristol Street and two on Birch Street). To enhance site circulation new directional arrows are proposed at each driveway and throughout the site. Additional signage is also proposed requiring customers to access the fueling stations from a single direction to prevent stacking problems created by unnecessary backing of vehicles. r_l; /_1wkzi Ei General Plan The subject property is located in General Plan Statistical Area J6 and has a land use designation of General Commercial (CG). Gas stations and convenience stores are permitted uses within this land use designation. The maximum floor area ratio permitted by the General Plan is 0.5. The area of the site is approximately 16,484 square feet which allows a maximum structural square footage of 8,242 square feet (16,484 x 0.5). The proposed 1,444 square -foot convenience store is consistent with the CG land use designation. Traffic and Circulation The project has been reviewed by the Public Works Traffic Division and it has been determined that the project is not forecast to generate additional trips. Trip generation rates for service stations are based upon the number of fueling stations. Service stations without convenience stores generate 168.56 daily trips per fueling station while service stations with convenience stores generate 162.78 daily trips per fueling station. Since no additional fueling stations are proposed, it has been determined that the addition of the convenience store will not generate additional trips and, therefore, a traffic study is not required. Design Guidelines for Service Stations The City of Newport Beach adopted the Service Station Design Guidelines (Guidelines) on May 24, 1999. The Guidelines are advisory and are intended to provide design ARCO Gas Station Convenience Store August 9, 2007 Page 5 criteria during the planning and conceptual development stages of projects. The purpose of the Guidelines is to assist in achieving a quality design that enhances the proposed development and will be compatible with adjacent development and land uses. The Zoning Code requires that service station projects be found consistent with the Guidelines. A summary of the Guidelines is contained below along with a discussion of the projects compliance (or non - compliance) with the Guidelines. A copy of the Guidelines has been included as Exhibit 3. Site Design The Guidelines encourage a strong street comer element in the form of a structure or landscaping. Multiple fuel canopy areas are also encouraged, when possible. The existing service station is developed with a small landscaped planter and sign located at the intersection of Bristol Street and Birch Street. Existing landscaping will be replaced with new shrubs and groundcover, however, expansion of the existing planter is not proposed. The existing planter would not constitute a strong street comer element and only a single fuel station area/canopy exists on the site. Architectural Design Architectural design is encouraged to be site specific yet have an attractive appearance that is compatible and complementary to the surrounding area. The project involves exterior improvements to the existing building including new stucco and a new roof and canopy. Colors for the building and new roof /canopy were chosen to be compatible with surrounding development. Site and Architectural Design Details The Guidelines encourage accessory buildings and structures that incorporate architectural and design elements that are consistent with the principal building. Exterior storage and trash enclosures should also be sited to be least visible from public view. In this case the project has been conditioned to provide a fully screened trash enclosure including a self closing, self latching gate and a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure will be integrated with the design of the principal building. The Guidelines also state that any rooftop mechanical equipment shall be screened from view. As shown on the project plans, proposed air conditioning and refrigeration equipment will be located on the roof of the proposed addition and screened by a parapet wall. Access and Circulation The Guidelines stress the need for good on -site circulation, and suggest measures such as wide drive aisles to promote site maneuverability, sufficient on -site space for fuel ►J ARCO Gas Station Convenience Store August 9, 2007 Page 6 delivery trucks so as not to block the public right of way during delivery, and placement of driveway approaches as far from street intersections as possible. Since the station is already developed, opportunities to improve site circulation are limited. Driveways are situated close to the street intersection, but are necessary for site access and fuel delivery. The project does involve additional lot striping, directional arrows and signage to improve the circulation of vehicles through the site. The driveway locations and site circulation have been reviewed by the City Traffic Engineer and are acceptable as conditioned. Landscaping Quality landscape designs are also encouraged through the use of properly -sized tree and shrub species and the use of tiered landscape areas which include grasses, shrubs and trees. Additional landscape planters are proposed along interior property lines and will contain a mix of shrubs, groundcover and trees. New shrubs and groundcover will be planted in existing landscape planters along the street frontages. Consistency with the Guidelines In this case, the project involves the conversion of an existing building that is part of a developed service station. The project consists primarily of internal tenant improvements to accommodate the proposed convenience store. No substantial redevelopment of the site or changes to the site layout is proposed. For this reason, staff recognizes that existing site conditions present few opportunities for full compliance with the Guidelines. The project does, however, include exterior improvements, additional landscaping and site circulation improvements. These improvements are consistent with the purpose of the Guidelines in that they improve visual quality of the station, buffer the service station from adjacent uses, and promote enhanced vehicular circulation through the site. Based on the proposed improvements staff believes that the project can be found consistent with the Guidelines. Zoning Code The subject property is located within the General Commercial District (GC) of the Santa Ana Heights Speck Plan (SP -7). Automobile service stations and convenience stores are a permitted uses in this district, subject to the approval of a use permit per Zoning Code Chapter 20.80 (Automobile Service Stations). The project complies with the general development standards of the district with respect to floor area ratio, building setbacks, building height, off- street parking, lighting and trash storage. Parking The service station parking requirement is 5 parking spaces for each service bay. Since existing service bays will be replaced by the convenience store, required parking for the project is based on the Food and Beverage Sales requirement of 1 space per 200 0 ARCO Gas Station Convenience Store August 9, 2007 Page 7 square feet of gross floor area. Therefore, the proposed project requires that 8 parking spaces be provided (1,444 / 200= 7.25). The project exceeds this requirement with a total of 10 parking spaces provided onsite (9 standard and 1 disabled). Service Station Development Regulations Service station development is governed by Chapter 20.80 of the Zoning Code. Section 20.80.060 contains development regulations that apply to new service stations and existing service stations proposing the addition of an accessory use (accessory uses include Convenience Markets). Exhibit 4 contains a table outlining the major development regulations and specifies whether the project complies with said regulations. As stated, the project involves the conversion of the existing service station building to a convenience store. No substantial changes to the physical site layout are proposed. Due to the design of the existing service station site, some modifications to the development regulations are requested. Section 20.80 allows the Planning Commission to modify or waive development standards if appropriate. Proposed deviations are described in detail in the following section. 1. Site Area Deviation Pursuant to Section 20.80.060, the minimum land area for service stations shall be 1,500 square feet of land area for each fueling space, 1,000 square feet for each service bay or washing bay, and 3.33 square feet for each square foot of gross floor area used for retail and /or food and beverage sales. Based on these calculations, the proposed service station/convenience store would require a 16,808 square -foot site. The existing site is 16,484 square feet in size. In this case, the site is 324 square feet short of the minimum site area standard and would only allow construction of a 1,346 square -foot building. The proposed 173 square -foot storage area addition causes the building to exceed the maximum allowable square footage by 98 square feet. The addition is located at the near of the lot and does not impact vehicular circulation through the fueling stations. The site area standard was created to ensure that service stations are not over developed, resulting in traffic congestion, unsightliness or hazards. The Planning Department and the Public Works Traffic Division have reviewed the site plan and find the design to be aesthetically superior to the existing service station and provides adequate area for maneuvering, fueling and parking of vehicles. It is staffs determination that the 98 square -foot deviation does not result in overbuilding of the site and does not result in unsightliness or additional hazards. ID ARCO Gas Station Convenience Store August 9, 2007 Page 8 2. Landscape Deviations Section 20.80.060 contains specific landscaping requirements. Exhibit 5 contains a table outlining the landscaping regulations and specifies whether the project complies with said regulations. A discussion of proposed deviations from the standards follows. Section 20.80.60 requires a minimum of 15 percent of the site to be landscaped. This section also requires 5 foot -wide landscape planters along interior property lines and specifies the number of trees and shrubs that must be planted along interior and exterior property lines. Currently, only 2.21 percent of the existing site area is landscaped. Since the site is developed, there is limited opportunity to provide additional landscaping without impacting site circulation and parking. However, the applicant has worked with the Planning Department and the Public Works Department to maximize site landscaping while maintaining required drive aisle widths, parking stall dimensions and ensuring adequate space for vehicle maneuverability. As a result, additional landscape planters are proposed along interior property lines which increase total site landscaping to 10.73 percent. Portions of the planters are only 4 feet wide in depth due to required drive aisle widths. Section 20.80.060 also states that 5 foot -wide landscaped planters shall be located between driveway approaches. An existing landscape planter separates the two drive approaches on Bristol Street. Placement of an additional landscape planter between the two driveways on Birch Street was considered; however, after discussions with the Public Works Traffic Division, the location was determined to be infeasible due to impacts on vehicular maneuverability and backing requirements for existing parking spaces. Section 20.80.060 also specifies that 1 tree and 3 shrubs shall be planted for every 25 linear feet of street frontage, and every 30 linear feet of interior property lines. Based upon this formula the project requires 9 trees and 27 shrubs along the street frontages and 8 trees and 24 shrubs along interior property lines. Due to sight distance requirements and the size of existing planters, no trees and 7 shrubs are proposed along the street frontages. Six trees and 24 shrubs are proposed along interior property lines. Although the project does not satisfy all required landscaping standards, it is staffs determination that the deviations are justified based on limitations created by existing site conditions. Furthermore, it is staffs belief that the proposed landscaping represents a substantial improvement over existing conditions and that a good faith effort has been made to landscape the site to the maximum extent feasible. �f ARCO Gas Station Convenience Store August 9, 2007 Page 9 Alcoholic Beverage Outlet Ordinance In conjunction with the convenience store, the applicant also requests approval of a use permit to allow the sale of beer and wine for off -site consumption. Sale of beer and wine for off -site consumption requires the issuance of a Type 20 License from the California Department of Alcoholic Beverage Control. In accordance with Chapter 20.89 (Alcoholic Beverage Outlets) of the Municipal Code, approval of a use permit is required for a new Type 20 license. Chapter 20.89 requires the Planning Commission to consider the following: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the countywide average. 4. The numbers of alcohol -related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. 1. Public Convenience or Necessity The proposed sale of alcoholic beverages (beer and wine) is in conjunction with a service station convenience market. Beer and wine sales for off -site consumption is common in conjunction with this type of establishment and is expected by customers. The sale of beer and wine will provide an added convenience for service station customers and the surrounding area. 2. Crime Rate Citywide, there were 6,676 crimes reported during calendar year 2006, of which 3,075 were Part One Crimes (serious offenses). The remaining 3,061 were Part Two Crimes that include alcohol- related arrests. The project site is located within Police Reporting District No. 33 (RD 33). During 2006, the reporting district had a total of 103 reported crimes (47 Part One, 44 Part 2) compared to a citywide reporting district average of 174 reported crimes. RD 33 is 40.83 percent below the citywide reporting district average. During 2006, the total number of crimes in adjacent reporting districts RD 34 and RD 36 was 225 and 207, respectively. The number of total crimes reported within RD 33 is lower than both adjacent reporting districts. ez ARCO Gas Station Convenience Store August 9, 2007 Page 10 3. Over Concentration There are 5 active alcoholic beverage licenses in police RD 33 which constitutes a per capita ratio of one license per 210 residents. This application will result in one additional ABC license. Although the new license will be located within an RD that exceeds the County per capita average (one license per 592 residents), the Police Department has not indicated that they believe the area to be over - concentrated with alcohol licenses. 4. Alcohol - Related Crimes The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 7 driving- under -the- influence arrests and 5 plain drunk arrests within RD 33 (12 total DUI /Drunk arrests) during this period as compared to 1,285 for the entire City. This RD accounts for 0.93 percent of the DUI /Drunk arrests made in the City. Adjacent reporting districts RD 34 and RD 36 had 26 and 23 DUI /Drunk arrests, respectively. The number of alcohol- related crimes reported in RD 33 is lower than both adjacent reporting districts. The proposed sale of beer and wine is in conjunction with a gas station/convenience store. The Police Department has reviewed the project and is not in opposition; however, they have provided recommended conditions of approval to minimize the potential for an increase of alcohol related crimes. 5. Adjacent Uses There are no schools, day care centers or places of religious worship near the subject property. The establishment is located within a commercial area adjacent to a major street and is surrounded primarily by commercial and general office uses. Given that the proposed alcoholic beverage sales is for off -site consumption only and associated with a gas station /convenience market, the Police Department does not have objections to the operation as proposed by the applicant. Additionally, the Police Department has reviewed the use permit application and has submitted recommended conditions of approval. The Police Department recommends the standard conditions of approval related to the sale of alcohol for off -site consumption to ensure compatibility of the use with its environs. These conditions are routinely required of alcoholic beverage outlets and are contained within the draft resolution for project approval. Should the project be approved, the Police Department will transmit the conditions of approval related to the sale of alcohol to the State Department of Alcoholic Beverage Control (ABC). As noted, the site will be open from 5:00 am to 12:00 am. The Police Department does not oppose these hours and planning staff believes these hours are acceptable for this location. Finally, the location of this establishment is acceptable since no sensitive land uses are located nearby. ARCO Gas Station Convenience Store August 9, 2007 Page 11 General Use Permit Findings Section 20.91.075 of the Zoning Code requires that the Planning Commission make certain general findings for use permit requests. These findings, and facts in support of the findings, are listed and discussed below. t. That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. The project is located in the General Commercial District (GC) of the Santa Ana Heights Specific Plan. This district is intended to provide commercial uses offering a wide range of goods and services to the surrounding residential and business community. It is also intended to promote an upgraded aesthetic image of the community while reducing conflicts between commercial and residential uses. The proposed convenience store is an amenity commonly found in conjunction with service stations and will provide the community an additional outlet for convenience store goods. The project also involves aesthetic improvements to the existing structure and additional landscaping to improve the appearance of the site. No sensitive land uses are located adjacent to the site and the convenience store will have no detrimental impact on the surrounding area. In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering beer and wine sales to service station customers and surrounding community. The location of the use is considered appropriate given the fact that the site is not located In close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The proposed project Is located in the General Commercial (CG) land use designation of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing service station serves the needs of the surrounding community and the convenience store will augment the use by providing additional goods to service station customers. 1� ARCO Gas Station Convenience Store August 9, 2007 Page 12 In accordance with the requirements of Chapter 20.89, the approval of the Alcoholic Beverage Outlet was subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates including numbers of alcohol related crimes, and impacts to the surrounding community. The Police Department has reviewed the project and has determined that the crime rate in the reporting district of the proposed use is lower than adjacent reporting districts and that alcohol - related crimes in the reporting district are also lower than adjacent districts. Furthermore, it has been determined that the sale of beer and wine in conjunction with the convenience store will not result in an over - concentration of alcoholic beverage outlets and is not expected to result in an increase in alcohol- related crimes. In addition, the project site is not located in close proximity to sensitive land use. It has, therefore, been determined that the proposed convenience store, including beer and wine sales, will not have a negative impact on the surrounding community. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The project complies with the general development standards of the SP -7 GC zoning designation with regards to setbacks, building height, floor area ratio, and off - street parking. With the exception of minor deviations from lot size requirements and landscaping standard, the project also complies with the development standards of Chapter 20.80 (Automobile Service Stations) of the Zoning Code. It is also been determined that that the project is consistent with the intent and purpose of the City's Design Guidelines for service stations. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. Upon approval of the use permit the Police Department will condition the ABC license as necessary to maintain the health, safety and welfare of the community. Santa Ana Heiahts Proiect Advisory Committee tSAHPACI This project was reviewed by the SAHPAC. A copy of the committee's project review letter is attached as Exhibit 5. While the committee has no objections to the project per se, concern was expressed regarding the exacerbation of vehicular stacking problems that have been observed on the existing site. To mitigate potential stacking problems, improvements to site are proposed that will enhance circulation through the site and the movement of vehicles through the fueling stations. Directional arrows are proposed at driveway entrances to mark proper entry and exit points and additional directional arrows are located throughout the site to clarify the required direction of vehicular travel. Additional signage is also proposed to prevent wrong -way access to the fueling stations and require vehicles to pull forward to the furthest available fueling station. The Planning Department and Public Works Traffic Division have reviewed the site plan and Js ARCO Gas Station Convenience Store August 9, 2007 Page 13 find it to be adequate. It has also been indicated that the service stationlconvenience store is not expected to generate additional trips compared to the existing service station. It is, therefore, staffs determination that potential stacking problems will be mitigated by the proposed site improvements. A condition of approval has also been added requiring the operator of the facility to prevent vehicles from stacking onto adjacent streets and sidewalks. Environmental Revi It has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). SUMMARY Staff and the applicant have worked diligently to address the development standards of Chapter 20.80 and the Design Guidelines for Service Stations. Although some deviations are proposed, staff recognizes that full compliance with the development standards and Guidelines is not possible due to the design of the existing service station. Furthermore, staff believes the site area and landscaping deviations to be minor in nature and that the project will not be a detriment to the surrounding neighborhood. The proposed sale of beer and wine has also been reviewed pursuant to the requirements of Chapter 20.89. In reviewing the proposed use, factors relating to public convenience, crime rates, over - concentration of alcohol licenses, and proximity to sensitive land uses. Planning Staff and the Police Department have reviewed the project relative to these considerations and find the location of the proposed Alcoholic Beverage Outlet to be acceptable, subject to the conditions of approval in the attached resolution. Staff believes that the findings for approval of the use permit can be made and recommends the Planning Commission approve the project. A draft resolution containing findings and conditions of approval is attached as Exhibit 1. ALTERNATIVES 1. If the Planning Commission determines that the findings for approval of the use permit cannot be made, the Planning Commission should direct staff to prepare findings and a resolution denying the request and return at the next Planning Commission meeting date with such resolution for adoption. 2. The Planning Commission may suggest specific design modifications that are needed to receive approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. ARCO Gas Station Convenience Store August 9, 2007 Page 14 PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Brandol ichols, Associate Planner EXHIBITS Submitted by: ��rel David Lepo, PI Mh ;OlbireGtor 1. Draft Resolution No. 2007 -_; findings and conditions of approval 2. Project Plans 3. Design Guidelines For Service Stations 4. Service Station Development Standards Table 5. Landscaping Standards Table 6. SAHPAC Project Review Letter 7. Correspondence Received Exhibit 1 Draft Resolution 2007 - Including Findings and Conditions of Approval If RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -009, FOR THE ADDITION OF A CONVENIENCE STORE INCLUDING BEER AND WINE SALES TO AN EXISTING SERVICE STATION LOCATED AT 2100 BRISTOL STREET (PA 2007 -059) WHEREAS, an application was filed by Hanano Properties LLC, with respect to property located at 2100 Bristol Street, and legally described as Portion of Lot 83, Tract 706, as shown on Miscellaneous Map Book 021, page 25, requesting approval of Use Permit No. 2007 -009 for the addition of a convenience store including beer and wine sales to an existing service station; and WHEREAS, a public hearing was held on August 9, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the project is subject to the requirements of Chapter 20.80 (Service Stations) of the Newport Beach Municipal Code and the Planning Commission finds that the project is consistent with the purposes of the chapter; and WHEREAS, the project is subject to the City of Newport Beach Design Guidelines for service stations and the Planning Commission finds that proposed site plan and architecture are consistent with the Guidelines; and WHEREAS, a use permit for the establishment of convenience store including beer and wine sales has been prepared and approved in accordance with Chapter 20.91 (Use Permits and Variances) and 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code based on the following findings and facts in support of the findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the General Commercial District (GC) of the Santa Ana Heights Specific Plan. This district is intended to provide commercial uses offering a wide range of goods and services to the surrounding residential and business community. It is also intended to promote an upgraded aesthetic image of the community while reducing conflicts between commercial and residential uses. The proposed convenience store is an amenity commonly found in conjunction with service stations and will provide the community an additional outlet for convenience store goods. The project also involves aesthetic improvements to the existing structure and el Planning Commission Resolution No. additional landscaping to improve the appearance of the site. No sensitive land uses are located adjacent to the site and the convenience store will have no detrimental impact on the surrounding area. In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering beer and wine sales to service station customers and surrounding community. The location of the use is considered appropriate given the fact that the site is not located in close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: The proposed project is located in the General Commercial (CG) land use designation of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing service station serves the needs of the surrounding community and the convenience store will augment the use by providing additional goods to service station customers. In accordance with the requirements of Chapter 20.89, the approval of the Alcoholic Beverage Outlet was subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates including numbers of alcohol related crimes, and impacts to the surrounding community. The Police Department has reviewed the project and has determined that the crime rate in the reporting district of the proposed use is lower than adjacent reporting districts and that alcohol- related crimes in the reporting district are also lower than adjacent districts. Furthermore, it has been determined that the sale of beer and wine in conjunction with the convenience store will not result in an over - concentration of alcoholic beverage outlets and is not expected to result in an increase in alcohol - related crimes. In addition, the project site is not located in close proximity to sensitive land use. It has, therefore, been determined that the proposed convenience store, including beer and wine sales, will not have a negative impact on the surrounding community. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. 1�e Planning Commission Resolution No. _ Paqe 3 of 8 Facts in Support of Finding: The project complies with the general development standards of the SP -7 GC zoning designation with regards to setbacks, building height, floor area ratio, and off - street parking. With the exception of minor deviations from lot size requirements and landscaping standard, the project also complies with the development standards of Chapter 20.80 (Automobile Service Stations) of the Zoning Code. It is also been determined that that the project is consistent with the intent and purpose of the City's Design Guidelines for service stations. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. Upon approval of the Use Permit the Police Department will condition the ABC license as necessary to maintain the health, safety and welfare of the community. WHEREAS, it has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -009 subject to the Conditions set forth in Exhibit "A'. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF AUGUST 2007. LIM go Robert Hawkins, Chairman Bradley Hillgren, Secretary AYES: EXC �3 Planning Commission Resolution No. EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -009, (Project - specific conditions are in italics) Planning Department Conditions The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2007 -009 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, unless an extension is otherwise granted. 3. Any major change in operational characteristics, hours of operation, expansion in area, or substantial modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 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 the current owner or leasing company. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements, including handicapped parking requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 8. The establishment shall comply with all applicable Federal, State, County and City water quality regulations for the life of this Use Permit. 9. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- Planning Commission Resolution No. _ Paqe 5 of 8 site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 10. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. 11. No outside paging system shall be utilized in conjunction with this establishment. 12. Sale of alcoholic beverages shall be limited to beer and wine only. No hard liquor shall be sold. 13. Hours of operation of the convenience store shall be from 5 am to 12 am, seven days a week. 14. A minimum of 1 employee on duty shall be at /east of 18 years of age. 15. No coin operated amusement or video games shall be a //owed on the premises. 16. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. The applicant shall secure the premises with appropriate security lighting and employee scrutiny to preclude vandalism, littering and graffiti. Lighting shall be directed in such a manner to prevent light spillage onto adjacent properties or the public right -of -way. The Applicant shall also provide adequate lighting above the entrance to the convenience store to make visible the identity and actions of persons entering and exiting the building. 18. The convenience store shall be equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras shall be maintained in proper working order at all times. Between the hours of TOOAM and 10:00PM Between the hours of 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 6OdBA 11. No outside paging system shall be utilized in conjunction with this establishment. 12. Sale of alcoholic beverages shall be limited to beer and wine only. No hard liquor shall be sold. 13. Hours of operation of the convenience store shall be from 5 am to 12 am, seven days a week. 14. A minimum of 1 employee on duty shall be at /east of 18 years of age. 15. No coin operated amusement or video games shall be a //owed on the premises. 16. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. The applicant shall secure the premises with appropriate security lighting and employee scrutiny to preclude vandalism, littering and graffiti. Lighting shall be directed in such a manner to prevent light spillage onto adjacent properties or the public right -of -way. The Applicant shall also provide adequate lighting above the entrance to the convenience store to make visible the identity and actions of persons entering and exiting the building. 18. The convenience store shall be equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras shall be maintained in proper working order at all times. Planning Commission Resolution No. _ Page6of8 19. All mechanical equipment including roof top mounted equipment shall be screened from view of adjacent properties and adjacent public streets. The equipment shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 20. Prior to the issuance of building permits, the design of the trash enclosure shall be submitted to the Planning Department for review and approval if deemed acceptable. The trash enclosure shall be enclosed by three walls, including a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on- site buildings and structures. 21. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 22. All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 23. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan for review and approval, if deemed acceptable, by the Planning Director. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 24. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 25. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Any proposed parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 26. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the Planning Commission Resolution No. _ Page 7 of 8 dimming of light sources or other remediation upon finding that the site is excessively illuminated. 27. The washing or waxing of vehicles is not permitted. 28. Vehicle service is limited to incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 29. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 30. No vehicles shall be parked or stored in the public right -of -way. 31. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 AM to 10:00 AM and 4:00 PM to 6:00 PM). Building Department Conditions 32. Separate male and female bathrooms shall be provided. Public Works Conditions 33. ADA parking stalls shall comply with the most current ADA standards. 34. The parking layout shall comply with City Standards STD - 805 -L -A and STD - 805 -L -B. Typical 90 degree parking stalls shall be a minimum of 8' -6" by 17 feet adjacent to a 26 foot -wide drive aisle 35. Delivery vehicles, including fuel delivery trucks, shall park entirely on private property. These vehicles shall not impede vehicular or pedestrian traffic on adjacent public streets and sidewalks. 36. The operator of the facility shall prevent vehicles from stacking out onto adjacent streets and /or sidewalks. 37. The project shall include prominent pavement markings and signage to discourage wrong -way travel through the site. The operator of the facility shall prevent vehicles from accessing the fueling stations from the wrong direction. 38. The one -way driveway on Bristol Street shall be revised and constructed per City Standard 166 -L. 39. On -site circulation shall be further reviewed and approved by the City Traffic Engineer prior to the issuance of building permits. (�8 Planning Commission Resolution No. _ Page 8 of 8 Police Department Conditions 40. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 41. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 42. There shall be no exterior advertising or signs of any kind or type including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays or alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 43. The applicant shall post and maintain a professional quality sign facing the premise's parking lot that reads as follows: NO LOITERING, NO LITTERING NO DRIKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. 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N= M US � C m -O .7 e. N- E v) O)� 0 N•O m C N� —_ �a y c x c N a `o Y a m 2) m a C C> O '•.. V y C - p v) j O. a N N O O (-6 . m O S ++ LA 7 O N N C y O a CL U) W .0 'y c( 7 �O c N .0 U C c .0 ~T 2 O.y Cl ED O z § \ ƒ / / aE o _$Dcu \�2 >1 ate K/ 77 §E)E k(#$ aD 5f7& U) (D 8 \ \/} 0)2 a. a \ 2 \} 10.0 k 2-D "0.8 2 7 \$ � � =a {S %\ 12 m 078E 0 § -0 /) \) \\ k0cu cu )k(} \D< °E cu 3 °a°� (D cu 0 f e . > \\\2 62bE.0 ■ §§ ■K ■2 ( § § S Exhibit 4 Service Station Development Standards Table Sf -�z SERVICE STATION DEVELOPMENT STANDARDS REQUIREMENT PROPOSED Site and The site plan and architecture of the Complies. The project has been Architectural service station shall provide an designed to be compatible with the Design attractive appearance that is surrounding land uses and compatible with and complimentary to architecturally compatible surrounding the community and surrounding land development. The project involves uses and development and that is aesthetic improvements to the existing consistent with the City of Newport building and additional landscaping to Beach Design Guidelines: Automobile improve the overall appearance of the Service Stations and Washing. site. Landscaping At least 15 percent of the site shall be Does not Comply, Deviation Sought. landscaped with plant materials The proposed plans indicate that 10.73% designed to provide beautification and of the site is to be landscaped. Only screening. 2.12% of the existing site is landscaped (See Landscaping Section for Speck Landscape Requirements) Circulation Parking areas and driveways to Complies. The project was reviewed by facilitate traffic and circulation of the City Traffic Division of the Public vehicles on and around the facility and Works Department and is acceptable to provide adequate sight clearances. subject to conditions of approval included in the attached resolution. Additionally, the final striping plan is subject to the approval of the Traffic Division prior to the issuance of building permits. Perimeter Service station sites shall be Not Applicable. The subject property Walls separated from abutting does not abut residentially zoned residentially -zoned property or property. property used for residential purposes by 6 foot high masonry or concrete wall utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to 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 Lighting Exterior light sources shall be shielded Complies. Existing canopy and on -site from view and directed away from lighting complies with these adjacent properties. Luminaries shall requirements. be of a low level, indirect diffused type and shall not exceed a height of 20 feet above finished grade. Rest Rooms One men's rest room and one Required to Comply. The existing women's rest room shall be provided service station has one restroom for both during business hours for use by male and female customers. The service station customers. All rest Building Department requires separate rooms with exterior entrances shall be male and female restrooms and this has located so as to be in clear view of the been included as a condition of approval station's service area, cashier station, for the project. or office. J SERVICE STATION DEVELOPMENT STANDARDS REQUIREMENT PROPOSED Refuse Refuse storage areas shall be Required to Comply. Detailed trash Storage enclosed by walls and integrated with enclosure plans were not provided Areas the design of the service station. however the project has been conditioned to require the trash enclosure to be enclosed, covered and architecturally integrated into the design of the service station. Building Building height for structures in the Complies. The highest portion of the He ht SP -7 GC zoning district is 35 feet. proposed structure is 15 feet 6 inches. sy Exhibit 5 Landscaping Standards Table SS S6 LANDSOAPING DEVELOPMENT STANDARDS REQUIREMENT PROPOSED A minimum of 15 percent of the site shall be landscaped Does not Comply, Deviation Sought The with plant materials designed to provide beautification proposed plans indicate that 10.73 percent of and screening. the site is landscaped. A minimum 5 foot -wide (inside dimension) planting areas Partially Complies, Deviation Sought. The between driveway approaches. project includes an approximate 5-foot wide planting area between the two driveways on Bristol. No planting area is proposed between the two driveways on Birch. A minimum of 150 square foot landscaped area provided Complies. The existing landscape area at at the intersection of two property lines at a street comer. the Intersection Bristol Street and Birch Landscape materials shall not exceed a height of 36 Street is approximately 150 square feet and inches. is conditioned to comply with maximum height limits. A minimum 5 foot -wide (inside dimension) planting area Partially Complies, Deviation Sought. New along interior property lines, except where openings are planting areas are proposed along both needed to facilitate vehicular circulation to adjacent interior property lines. Portions of the planting pro parties. areas are only 4 feet in depth. A minimum of 30 percent of the required landscaping Complies. Approximately 39 percent of the shall be provided within 20 feet of the street property proposed landscaping is located within 20 lines. feet of street property lines. Landscaped areas adjacent to street property lines shall Partially Complies, Modwicatton Sought. be planted with a minimum of 1 tree and 3 shrubs per Based on the formula provided by the Zoning every 25 linear feet of street frontage. Landscaped areas Code, 8 trees and 24 shrubs are required adjacent to interior property lines shall be planted with a along the interior property lines; 9 trees and minimum of 1 tree and 3 shrubs per every 30 linear feet. 27 shrubs are required along street These calculations establish the minimum number of frontages. The project proposes no trees and required trees and shrubs and are not meant to imply 7 shrubs along street frontages, and 6 trees linear or equal spacing. Required trees shall be 24 -inch and 24 shrubs along interior property lines. box size, or larger. Required shrubs shall have a minimum mature growth height of 18 inches and shall be a minimum of 5- gallon in size upon installation. Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. City parkway areas shall be provided with groundcover Not Applicable. No City parkways are and street trees as per City standards I located adiacent to the project site. Planting areas adjacent to vehicular activity shall be Complies. Compliance with this requirement protected by a continuous concrete curb or similar will be verified during plan check and field permanent barrier. inspections. All planting areas shall be provided with a permanent Complies. The final design of the underground automatic sprinkler irrigation system of a underground sprinkler system will be design suitable for the type and arrangement of the plant reviewed by the General Services materials selected. Department prior to the Issuance of building permits. •S'% Sl Exhibit 6 SAHPAC Project Review Letter ,Y� GD Date: 05/07/07 Brandon Nichols Staff Planner, City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA2 -4048 (949) 644 -3206 fax: (949) 644 -3229 RE: CNB UP2D07 -009 Remodel /Addition to ARCO Station at 2100 S. Bristol Street Dear Mr. Nichols: The PAC Development Subcommittee has reviewed the submittal package proposing a 173 SF addition to the rear of the existing building for a new storage area, exterior improvements, and the conversion of two (2) existing auto service bays to a retail convenience store that would have the sale of beer and wine. PAC has the following concerns with this application: 1. Regarding the 173 SF addition, PAC has no direct concerns with the addition except as it might facilitate a use with which PAC does have some concerns that are addressed in item 4. 2. Regarding the convenience store use and the sale of beer and wine, PAC has no direct concerns except as this additional use will impact on -site traffic, vehicular circulation, and parking. 3. Regarding the proposed exterior improvements, PAC has only one concern that the color for the metal roofing, "Ivy Green ", is a bright green. PAC feels that a reddish brown color, such as the "Rustic Red" or the "Koko Brown" would be more appropriate for the Spanish theme indicated in the submitted Exterior Elevations. 4. There are existing traffic problems at this property caused by long lines waiting for gas. At times this queue of cars extends out onto Birch Street. When this occurs it is a traffic hazard. PAC is very much concerned that the addition of a convenience store use to this property will exacerbate this existing traffic problem. 5. The additional parking indicated on the Site Plan does not work for several reasons: a. The (7) tandem spaces are indicated as only 18 feet long. This does not allow adequate room for back -up and maneuvering. These spaces should be approximately 26 feet long, or as determined by Traffic. b. Tandem spaces, such as those that are indicated on the Site Plan, would not provide effective parking for a convenience store use. The parking should be either 90 degree or angled parking located in front of the convenience store. The tandem parking is indicated to the side and rear of the store. Patrons would find it difficult and inconvenient to use this proposed parking. Also, this proposed parking would create a loop circulation behind the building that would need to exit on Birch Street at the location where there is already a traffic stacking problem. c. The (4) 90- degree spaces indicated near Birch Street will also exacerbate the existing traffic stacking problem as cars parked in these spaces attempt to back up and maneuver out of these spaces to a street exit. 6. The Site Plan indicates (2) drive approaches on Bristol Street, and (2) drive approaches on Birch Street. This number of approaches seems excessive and the (2) approaches closest to the intersection do not appear to meet standard City distance- from - corner criteria. In summary, PAC is not opposed to this proposed use per se, to the sale of beer and wine, to the proposed addition, or to the proposed exterior improvements. However, this proposed additional use will create additional traffic stacking, circulation, and parking problems on this small site. Unless these problems can be adequately addressed to the satisfaction of the City Traffic and Public Works Departments, PAC does not recommend approval of this additional use. Thank you for the opportunity to review this project. Sincerely, Richard Dayton cc. PAC members, incl. Barbara Venezia, PAC Chairperson Dave Kiff, City of Newport Beach Assistant City Manager Mark Esslinger, County of Orange k1 �Z Exhibit 7 Correspondence Received �q July 12, 2007 CITY OF COSTA MESA CALIFORNIA 92628.1200 P.O. BOX 1200 FROM THE OFFICE OF THE CITY COUNCIL Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, California 92663 Dear Planning Commissioners: RECEIVED BY "AWNG DEPARTMENT JUL 16 2007 CITY OF NEWPORT BEACH I am writing to express my support of Mr. George Ibrahim's Conditional Use Permit request for his proposed remodel of the Arco gas station at 2100 SE Bristol Street in Newport Beach. Mr. Ibrahim has been a very responsible business owner in Costa Mesa for over 10 years. He owned and refurbished several gas stations in Costa Mesa: at Baker Street and Harbor Boulevard, and at 2021 Newport Boulevard. Mr. Ibrahim currently operates the Arco station at 2490 Fairview Road, which he rebuilt and beautifully landscaped. This was a controversial project, adjacent to existing residences. Mr. Ibrahim met with the residents, listened to their concerns and willingly complied with all conditions and requirements of the Conditional Use Permit. The neighbors are very pleased with the results and consider Mr. Ibrahim a very good neighbor. It has been my experience with Mr. Ibrahim that he stands behind what he promises. He ensures that his properties are properly maintained and that his businesses operate in a manner that is respectful of neighboring properties. Additionally, he has been an active member of our community. I hope you will positively consider Mr. Ibrahim's current Conditional Use Permit application. Please feel free to contact me at (714) 556 -0650, if you would like to discuss this in further detail. S, cereely,, Linda W. Dixon Council Member /ccp:cg 77 FAIR DRIVE 6 C PHONE: (714) 754 -5285 • FAX: (714) 7545330 • TOO: (714) 754 -5244 • www.1ixosta- mesaxa.us J TFairview ViCfage YComeownersAssociatian 2478 Fairview Way Costa Mesa, CA 92626 July 24, 2007 To Whom It May Concern: Mr. George Ibrahim, owner of the Arco Station next door to our community, has fulfilled every promise he made to us when he applied to the City for a permit for his building and business. He has been a good neighbor, well aware that his property adjoins a residential community. His property is clean, excellently landscaped and has never been the site of any disruption in the neighborhood. Sincerely, ELAINE STEINHARDT Represent the Board of Directors Fairview Village Homeowners Association G�