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HomeMy WebLinkAboutEZ Lube (PA2002-034)CITY OF NEWPORT BEACH Hearing Date: May 23, 2002 PLANNING DEPARTMENT Agenda Item: 3 'i 3300 NEWPORT BOULEVARD Staff Person: Bill Cunningham °ge.�pnM'r NEWPORT BEACH, CA 92658 (949) 644 -3200 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after final action REPORT TO THE PLANNING COMMISSION PROJECT: EZ Lube (PA2002 -034) 3600 East Coast Highway SUMMARY: Request for a Use Permit to allow construction of an automobile lubrication facility consisting of a 2,641 square-foot building with two service bays located in Corona del Mar. The application includes a request to waive three of the ten space off - street parking requirement. ACTION: Approve modify or deny Use Permit No. 2002 -005 for Property Located at 3600 East Coast Highway. APPLICANT: EZ Lube 3506 W. Lake Center Drive, Suite B Santa Ana, CA 92704 PROPERTY OWNER: Richard T. Hubbard, Trustee Francis M. Hubbard Trust 2331 E. Adams Avenue Orange, CA 92897 LOCATION: Northeast comer of East Coast Highway and Orchid Avenue in Corona del Mar. LEGAL DESCRIPTION: Lots 1, 2 and a portion of Lot 3 in Block V of Tract No. 323. GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: Retail & Service Commercial (RSC) District 0 200 400 'Feet VI;CIN ITY MAP Use Permit No. 2002 -005 3600 E. Coast Highway Current Development: Vacant service station (site is fenced) To the north: United States Post Office To the east Retail commercial To the south Retail commercial across Coast Highway To the west: Retail commercial and restaurants across Orchid Avenue EZ Lube CdM (PA2002 -034) May 23, 2002 Page 2 of 11 N Introduction & Backeround The applicant, EZ Lube, is seeking approval of a Use Permit to allow the construction of a new automobile lubrication facility. The proposed business will consist of two service bays, and will be limited to the lubrication, changing of oil, and installation of oil and air filters. The site has been a service station since 1962. The service station was closed in 2001, and the building, which is still standing, is currently vacant and the site secured by a chainlink fence. Proiect Overview The proposed new building will consist of 2,641 square feet with a main (street level) floor and a basement. The main floor will have 1,612 square feet consisting of two service bays, work order /customer waiting area, two restrooms and three small storage rooms. The basement will consist of 1,029 square feet and will be used to access the underside of the vehicles and for storage purposes. Automobile service will be done within a completely enclosed building. The hours of operation are from 7:00 am to 7:00 pm, Monday through Friday; and from 8:00 am to 6:00 pm on Saturday and Sunday. There will be a maximum of six employees on -site at any given time. The following table summarizes the project and Zoning Code development standards: Setbacks: Front 0 ft. 0 ft. Side(s) 37.5 & 58 ft. 0 ft. Rear Oft. 0 ft. Building Height 29 ft. 32 ft. Floor Area Ratio 0.37 0.5 Site Area 7,128 sq. ft. 2,000 Parking 7 spaces 10 spaces Analysis The project consists of an automobile lubrication facility that limits its service to the lubrication, and changing of oil and filters. The use is different than a normal automobile repair facility in that there is no heavy engine repair, such as transmission or engine overhauling done at the site, and EZ Lube CdM (PA2002 -034) May 23, 2002 Page 3 of 11 there is no use of noise generating equipment. In the past, staff has determined that similar businesses would be evaluated against the Service Station standards as the use is defined as an "automobile service station." Therefore, Section 20.80, Service Stations, was used to analyze this project. General Plan The City's General Plan designates the site as Retail & Service Commercial. Automobile service facilities, including automobile servicing and repair, are a permitted use within this land use designation. Parking The application includes a request for a waiver of parking standards. The Code requires that the parking standard for service stations is five spaces for each service bay. The proposed lubrication facility will have two service bays, thereby requiring ten spaces for the project. Applicant is proposing seven spaces. To justify his request, the applicant submitted hourly customer counts for an existing EZ Lube at the northeast corner of Tustin Avenue and Seventeenth Street in Costa Mesa. That facility is also a two -bay operation and has the same number of employees as the EZ Lube proposed on the Corona del Mar site. According to the customer counts (included as Exhibit No. 6 to this staff report), the maximum number of customers anticipated any given hour period would be seven, with an average of approximately three. Typical operation of the facility involves the customer driving his/her car into a service bay, and waiting while the vehicle is serviced, typically a period of twenty or thirty minutes. On very rare occasions do customers park their cars to wait for service. However, on occasion, a car may be queued at a service bay door for a short time to await a bay to be vacant. Staff has inspected the Costa Mesa EZ Lube four times at various times of the day on various days to confirm the applicant's customer counts, and the observed parking is consistent with the data supplied by the applicant. During each staff field visit, three cars were observed in the parking lot (presumably employee cars) and one or both of the service bays were in use. No queuing was observed at the service bays. In accordance with Code Section 20.66.100A.4, the following findings must be made by the Planning Commission in order to modify a parking standard: 1. The parking demand will be less than the requirement in Section 20.66.030. The actual operating characteristics of a two bay automobile lubrication facility appears to justify a parking standard less than the standard for service stations. Field observations and customer data show that the parking is utilized by employees on site, and customers' cars are parked in the service bays while the car is being serviced, or wait relative short periods of time at the service bay entry. Therefore, the seven parking spaces proposed should likely accommodate the required parking for the use. EZ Lube CdM (PA2002 -034) May 23, 2002 Page 4 of 11 14 2. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. The building has been designed specifically for the lubrication of automobiles, and the service bay design of one -way entry and exit, is designed to accommodate a drive- through business. It is unlikely that the building would be used for a more intense or higher parking demand use. However, if the use were to change, a condition (No. 5) of the use permit approval requires that the use permit becomes null and void if the use is terminated or modified. Beyond this, staff is concerned that a conversion to other types of automobile repair beyond the lubrication and oil change operation proposed could result in an additional parking demand, because of the extended length of time required for other types of repair work. Therefore, Condition No. 5 also prohibits expansion to other types of automobile repair. Staff believes that with the recommended conditions, the foregoing finding can be made. Development Standards The development standards of the RSC District, as well as the height and floor area ratio limits have been met by the proposed development. The project is also defined as an automobile service station and as such, the project must be evaluated against Chapter 20.80 Service Stations (Exhibit No. 1). Additionally, the City adopted design guidelines for service stations, which are also attached as Exhibit No. 2. The facility differs from a typical service station in that it does not involve the dispensing of gasoline, and does not incorporate the use of gas islands and canopies. A finding of consistency with both Chapter 20.80 and the design guidelines is required for project approval. Staff has evaluated the proposed project and concludes that the project complies with applicable standards except for landscaping and setbacks. Service Station standards require that automobile maintenance and repair be setback 18 feet from interior property lines, and 30 feet from a street property line. The plans show the structure to be built with a zero setback along the Coast Highway frontage and the north interior property line. The landscaping standards require that 150 sq. ft. of landscaping be provided at the comer and a combination of hardscape and a comer cutoff required by the Public Works Department reduce the landscaping that can be provided below this standard. Section 20.80.060 O of the Zoning Code permits a modification or waiver of regulations for the expansion or renovation of an existing service station upon making the following findings: 1. The strict compliance with the regulations is not necessary to achieve the purpose and intent of this chapter. 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of regulations. 3. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. EZ Lube CdM (PA2002 -034) May 23, 2002 Page 5 of 11 The purpose of Chapter 20.80 is expressed in Section 20.80.010 and indicates that service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development or redevelopment of the surrounding area, in order to promote and preserve the public health, safety, convenience, general welfare and general prosperity. Specific purposes of Chapter 20.80 are: attractive appearance of projects, safe and efficient circulation, setbacks to buffer uses from surrounding uses, regulations to ensure that visible facilities are maintained in a safe and clean manner and operational regulations to avoid negative environmental issues. Site and Architectural Design Zoning Code Section 20.80.060 sets forth the Design and Development Regulations for Service Stations. Subsection 20.80.060H states: "The site plan and architecture of the service station shall provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development and that is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. " The building will be Mission design with off -white stucco and variegated red mission tile roof on the tower element. Trellis features have been included over the two parking spaces on the west side of the building, and over the outdoor customer waiting area on the east side of the building. The service bays have been oriented with openings /entrances to the east and west. While the service bays will not open directly to Coast Highway, the interiors of the bays will be seen from both Coast Highway and Orchid Avenue. All mechanical equipment will be located within a roof -top equipment well that is screened from view. In staffs opinion, the proposed building is aesthetically a well designed building. However, in making the finding relative to the provision quoted above, the Commission may also consider issues discussed in following sections such as landscaping, screening and lighting. Landscaping The site plan indicates landscape planters located along the Coast Highway and Orchid Avenue frontages, and along portions of the north property boundary. A total of 1,257 square feet, or approximately 18 percent of the site will be landscaped. A landscaping plan was not submitted as part of this application; however, the site plan shows six palms to be located on site with four to be located along the Coast Highway frontage. Staff has included a condition (No. 14) that the six trees are to be Queen Palms of a with a minimum 8 -foot brown trunk height. The Service Station standards require a minimum of 150 sq. ft. of landscaping at the street corner. Applicant proposes a combination of landscaping and hardscape (stone benches and paving) at the comer which totals 266 square feet. The benches require approximately 40 square feet each, which will result in 186 square feet of landscape. In addition, the corner cutoff requested by the Public Works Department will remove approximately 40 square feet of landscaping, resulting in a total landscaped area of approximately 146 square feet. Replacing the two benches would provide the minimum required corner landscaping. However, staff believes EZ Lube CdM (PA2002 -034) May 23, 2002 Page 6 of 11 V that the benches add a unique design feature as well as provide a benefit to pedestrians, and recommends that the benches be retained as part of the design. Staff has concerns relative to the views from Coast Highway into the service bays. Unlike the recently- approved Jiffy Lube located in the Mariner's Mile area, traffic along the portion of Coast Highway in the vicinity of the EZ Lube project moves slower and the area is more pedestrian- oriented. Therefore, the views of the site are more critical than at the Jiffy Lube facility. The trellises along the Coast Highway frontage will provide some screening. However, staff believes that there is also a need for screening landscaping, either in the form of high shrubs or vines on the trellises. The City included a requirement for additional trees in the Jiffy Lube project in an attempt to screen the service bays, but in reviewing the site since completion of the project, the effect appears to be limited in that the service bays continue to be visible from Coast Highway. The requirement for additional landscaping will provide more screening of the service bays, but is not likely to completely screen the service bays from view. Since a landscaping plan has not been submitted as part of the application, a condition has been included (No. 21) requiring submittal of a landscaping plan prior to issuance of a building permit. Given both concerns about screening as well as line of sight relative to traffic, the condition requires approval of the landscaping plan by both the Planning Director and the City Traffic Engineer. Lighting The applicant does not propose light standards within the parking area, only wall mounted light fixtures. A condition (No. 15) has been included within the draft resolution requiring that all site lighting be done in a manner to restrict lighting to the site and to prevent any glare and light spillage to surrounding properties. An evening inspection will be conducted by Planning Department staff prior to occupancy to ensure proper lighting. Staff is concerned that lighting of the project could be excessive when compared to the Corona del Mar area, which is characterized by lower lighting levels. The concern relates not only to exterior site lighting intensities, but also the light from inside the service bays, since the service bay doors remain open during operating hours. The recently constructed Jiffy Lube in the Mariner's Mile area appears very bright during evening hours due to the intensity of the service bay lighting. This light intensity issue is even more of a concern at the proposed EZ Lube site due to the close proximity of residential along Orchid Avenue, more pedestrian nature of the area, and general lower intensity of illumination present in the Corona del Mar area. Staff has included a condition (No. 16) that provides the Planning Director the authority to reduce the light levels to that typically found in Corona del Mar to ensure compatibility of lighting with nearby commercial and residential areas. Neighborhood Compatibility In order to approve a Use Permit, a finding must be made that the use is compatible with the surrounding neighborhood. In Corona del Mar, the business district has experienced a resurgence of economic stamina and vitality throughout the past decade, due primarily to the shopping preferences of local neighborhood residents. While the number of restaurants, EZ Lube CdM (PA2002 -034) May 23, 2002 Page 7 of t t boutiques, galleries and personal service establishments has increased, the number of automotive - related establishments has declined. In fact, in the last ten years, at least three auto - related land uses have left the commercial area of Corona del Mar -- an automobile dealership and two service stations, one of which was on the subject property. Traffic and Circulation It is proposed to remove one of the existing curb cuts/driveways located on Coast Highway closest to Orchid Avenue; reduce the width of the other driveway by twelve feet; and to relocate the Orchid Avenue driveway to be further from the corner. The Public Works Department has reviewed the plan and determined that the access will adequately serve the site, and will improve the access compared to the existing condition. Ingress and egress is proposed to be two -way from both driveways, but the access to the service bays is to be one -way, with entrance from Orchid Avenue and exit to Coast Highway. In order to ensure that cars going to the lubrication bays enter from Orchid Avenue, Condition No. 18 has been added requiring directional signs. Planning staff, however, notes a potential conflict in the event that car(s) are queued at the service bay doors; a car parked in the handicap space will be unable to back out. Beyond the site access considerations, the Public Works Department has concluded that the project will not generate traffic over the previously- existing service station or over the alternative retail commercial use of the site. Noise The proposed facility will not entail the use of compressors or pneumatic equipment, and there is no anticipated adverse noise generation by the project. Nevertheless, staff has included a condition (No. 19) prohibiting the use of such tools and machinery. Signage Applicant is proposing four signs for the business: three wall signs and one freestanding monument sign. Two of the wall signs will be 33.75 square feet, and will be internally illuminated. One wall sign is 12 square feet and is externally illuminated. All of the wall signs are individual channel letters. The monument sign is proposed to be 18 square feet (each side) with dimensions of four feet in height (including base) and six feet in width, will be located at the Coast Highway /Orchid corner, and will be internally illuminated. The signs are consistent with the requirements of the sign regulations of the Zoning Code (Chapter 20.67). However, the City Public Works Department has reviewed the project and is requesting a condition be included requiring a ten -foot radius comer cutoff at Coast Highway /Orchid Avenue. The cutoff will require the relocation of the monument sign. Staff has included a condition (No. 13) in the draft Resolution requiring that the monument sign be relocated to the satisfaction of the Public Works Director. EZ Lube CdM (PA2002 -034) May 23, 2002 Page 8 of I i N Lot Consolidation The project is located on the southerly portion of three lots and the Post -Office is located on the northerly portion of the same three lots. The City has not processed a resubdivision of the lots, and the description of the property submitted by the applicant appears to correspond to the lease for the previous service station use. The reconfiguration of the lots must be addressed either through a certificate of compliance or a parcel map. Condition No. 20 has been included requiring recordation of either a certificate of compliance or parcel map prior to the issuance of a building permit for the new construction of the lubrication facility. Correspondence At the time of the preparation of this staff report, three a -mails have been received in opposition to the project. The first is from the Corona del Mar Chamber of Commerce and the other two are from Paul Glowienke. The three a -mails are included in Exhibit No. 7. Summary The project includes landscaping, pedestrian benches designed for public use and building design features, such as trellises, cornices and a pitched tile roof that assists in creating an attractive site and building. These features make the project more attractive and provide a measure of compensation for the setback deviation and landscape deficiency. The architectural treatments are more in keeping with other retail commercial uses as opposed to traditional gas stations that have metal canopies. The building has been designed to maintain the service bays to the back of the building as far from Coast Highway as possible. Finally, the Post Office building helps buffer the project form residential uses to the north. It is not anticipated that the use will generate significant traffic or parking due to the nature of the use. The use also does not generate smoke, dust, vibration or noise that could negatively impact the area. The use also provides a service to the community that ensures recycling of used motor oil. Conversely, the use does require the service bays to remain open and they are difficult to screen from public view. Lighting of the site and the service bays may be excessive when compared to the lower lighting levels present in Corona del Mar. The aesthetics of the use due to these circumstances may be detrimental especially given the location of the use adjacent to the Corona del Mar Post Office, which is a highly used focal point of the community. Finally, the proposed automobile - related use may be incompatible with the pedestrian oriented commercial area that is Corona del Mar. Environmental Review Staff has conducted an environmental analysis of the project and the Enviornmental Checklist has been completed in accordance with the requirements of the California Envrionmental Quality Act (CEQA). Due to the fact that the site has been a service station in the past, and soil contamination has been detected associated with leaking underground fuel tanks, a Negative Declaration was prepared for the project. Within that analysis is documentation and certification from the Orange County Health Care Agency stating that the underground tanks had been removed and contaminated soil removed. Therefore, staff concluded that the project could not have a significant EZ Lube CdM (PA2002 -034) May 23, 2002 Page 9 of 11 kd effect on the enviroment, and a Negative Declaration was prepared, circulated, and necessary notices distributed in accordance with CEQA. The Negative Declaration, including the Orange County Health Agency report and certification, is included as Exhibit No. 8 to this staff report. Conclusion In order for the Commission to approve the project, it must make the finding that the project is not detrimental to the area and that any strict compliance with the development regulations for Service Stations are not necessary to achieve the purpose and intent of the Code. Additionally, the findings for the requested parking waiver must be made. If the Commission believes that the project is not detrimental to the area and that the findings for the parking waiver are supportable and deviations from the Service Station Regulations are acceptable given the circumstances of the case, the draft resolution for project approval should be considered (Exhibit No. 3). Staff believes that the findings for the parking waiver can be supported due to the operational character of the proposed use. Additionally, staff believes that the modification of the Service Station setback and landscaping standards are acceptable due to project design features. Finally, staff believes that the project can be found compatible with the area as the use is allowable in the RSC zone. The Commission has the option to approve a modified project. The Commission would adopt the resolution with revised conditions identified at the meeting. The Commission could also require more extensive building modifications. If the Commission desires to do this, it might be appropriate to continue the public hearing and direct the applicant to prepare revised architectural drawings. If the Commission believes the facts surrounding this application support a finding that the project is detrimental to the area, denial of the project is recommended. The use, with its aesthetics, the site layout, suggested parking waiver or the deviations from Chapter 20.80 related to the landscaping and building setback may prove detrimental to the area. The use requires that the two service bays be open and the bays must be lighted, which will accentuate the negative aesthetic of the bays especially during the evening. It is not possible to fully screen the bays from public views from Coast Highway and Orchid Avenue. Additionally, a vehicle related use in this area could be considered incompatible with surrounding uses, which are dominated by restaurants, retail stores with personal services, boutiques and home furnishings which are more pedestrian oriented. Draft Findings for have been prepared for consideration and are attached as Exhibit No. 4. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: WILLIAM CUNNINGHAM Contract Planner EZ Lube CdM (PA2002 -034) May 23, 2002 Page 10 of 11 to Exhibits 1. Chapter 20.80 2. Service Station Design Guidelines 3. Resolution No. 2002 -; findings and conditions of approval 4. Findings for denial 5. Letter and project description from applicant 6. Hourly Customer Counts - Costa Mesa EZ Lube 7. Correspondence received (3 e- mails). 8. Environmental Checklist and Negative Declaration 9. Project plans EZ Lube CdM (PA2002 -034) May 23, 2002 Page 11 of 11 Page 20.80.1 Service Stations CHAPTER 20.80 SERVICE STATIONS Sections: 20.80.010 Purpose 20.80.020 Use Permit Required 20.80.030 Required Findings 20.80.040 Application Contents 20.80.050 Operational Regulations 20.80.060 Design and Development Regulations 20.80.070 Accessory Uses 20.80.010 Purpose In order to promote and preserve the public health, safety, convenience, general welfare and general prosperity, it is the intent of this chapter that service stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenances development and redevelopment of the surrounding area as reflected by the General Plan, zoning regulations or specific plans approved by the City. The specific purposes of this chapter are to: A. Establish locational and minimum land area requirements to insure that service stations have access to arterials and streets sufficiently improved to accommodate traffic generated from the site and that the site is of sufficient size to accommodate the service station and associated uses. B. Establish requirements for driveway approaches, vehicle access aisles, and off - street parking to insure safe and efficient internal circulation and to avoid impacts to the flow of traffic on adjacent arterials and streets. C. Establish requirements for site design, setback yards, landscaping, lighting, storage areas, utilities, and perimeter walls to enhance the appearance of the service station and to provide sufficient separation and buffering to protect adjacent residential and other land uses. D. Establish architectural and site design standards to provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development. E. Establish requirements to insure that areas and facilities provided for or visible to the general public are maintained in a safe and clean manner.. .� 06.23199 15 Page 20.80 -2 Service Stations F. Establish operational regulations to insure that service station activities and facilities are conducted in a manner so as to avoid impacts from noise, vibration, dust, odors, (� glare, electromagnetic interference, and hazardous materials on adjacent land uses. 20.80.020 Use Permit Required Unless otherwise prescribed in the individual chapters of this code, a use permit shall be required for any new service station and for any existing service station when one or more of the following events occur: A. An expansion of 10 percent or more in floor area within any 12 month period or the cumulative expansion of more than 50 percent of floor area existing at the time of the effective date of this chapter. B. Any change in the land area on which the service station is located, whether by purchase, lease, business combination or acquisition, or similar method. C. A renovation or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of renovation, excluding land value. D. The introduction of any of the accessory uses permitted under Section 20.80.070, or . introduction of alcoholic beverage sales (see Chapter 20.89: Alcoholic Beverage Outlets), or any similar change in the operational characteristics of the service station. 20.80.030 Required Findings In addition to the findings required for use permits by Chapter 20.91, the Planning Commission shall find that the project is consistent with the purposes of this chapter and that the proposed site plan and architecture are consistent with the City of Newport Beach Design Guidelines. 20.80.040 Application Contents In addition to the application requirements contained in Chapter 20.90: Application Filing and Fees, an application for a use permit for a service station shall be accompanied by the following information, maps and plans: A. A plot plan of the property, drawn to scale, showing location of all buildings, canopies, on -site access and drives, service islands, storage facilities, planting areas, exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb cuts and driveway approaches. M3M Page 20.803 Service Stations B. Elevations, drawn to scale, including all building and sign faces and materials, textures and colors. C. A grading plan, indicating how the property is to be graded and drained. D. A landscape and irrigation plan showing the size, location and variety of plant materials to be used, including the botanical and common plant names of each, and the location, type and design of all irrigation systems. E. A materials board (specifications and samples of type, color and texture of proposed construction materials). F. A written design concept statement identifying the significant architectural and site plan features, the reasoning behind the architecture and site plan proposed, and an explanation of how and why the architectural and site plan features were incorporated into the project design. The statement shall describe how the proposed architecture and site plan are consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. G. Such other plans, drawings and information as the Planning Director reasonably may require. 20.80.050 Operational Regulations The following operational regulations shall apply to service stations and accessory uses. A. Location of Activities. All activities and operations shall be conducted entirely within, an enclosed structure, except for the following, which shall be permitted unless otherwise conditioned by the use permit: 1. Sale and dispensing of motor vehicle fuel. 2. 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. 3. Vending machines abutting a building or in a kiosk enclosed on three sides. 4. Vacuuming, hand drying and hand waxing of vehicles. B. Storage and Disolay Outdoor storage and display of merchandise, materials, or equipment shall be limited to the following: i? Page 20.804 Service Stations 1. Display racks for automotive merchandise no more than 4 feet wide located at each service island. 2. Display racks for automotive merchandise located within 3 feet of the principal building, provided such display racks are limited to 1 display rack per frontage. 3. Temporary outdoor storage and display as provided in Section 20.05.090 (H). All other outdoor storage and display shall require a use permit issued by the Planning Director pursuant to Section 20.60.105: Outdoor Storage and Display. C. Parking and Vehicle Storage. 1. Off - street parking shall be provided as specified in Chapter 20.66: Off - Street Parking and Loading. 2. Vehicles or equipment in the process of being served may be stored outside for a maximum period of 7 days. 3. The parking of vehicles and equipment for purposes.zof sale shall be prohibited. 4. The storage of rental vehicles shall not occupy any parking space provided to meet the parking requirements of the service station or any other accessory use. 5. No vehicles shall be parked or stored within the public right -of -way. 6. Fuel delivery trucks shall not obstruct the public right -of -way during delivery. D. Non - Automotive Retail/Food and Beverage Sales. Up to 50 square feet of net public area may be used for the display and sale of non - automotive merchandise and ready - to-eat and prepackaged food and beverages. Walk -in refrigeration units shall be. prohibited. Exceptions. 1. Floor area used for vending machines shall not contribute to the floor area limit. 2. Accessory uses subject to the provisions of Section 20.80.070. E. Signs. Signs shall be subject to the provisions of Section 20.67.030 (D). 06/13M ..,> Page 20.80 -5 Service Stations 20.80.060 Design and Development Regulations A. Annlicabili ri. The following design and development regulations shall apply to any new service station and to any existing service station meeting any of the criteria specified in Section 20.80.020. B. Location. All service station sites shall front on streets designated as major, primary or secondary on the City Master Plan of Streets and Highways unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. C. Minimum Land Area. 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. 1701 E. J Setbacks. The following setbacks shall be maintained: Structure Service islands Canopies Air and water dispensers Automobile washing, maintenance and repair Retail and office Access. Required Setback (Feet) Abutting.. Abutting Interior a Street an Alley 20 20 20 10 10 10 18 30 30 0 15 10 1. Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. 2. Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses. I On -site driveways all should be a minimum of 25 feet for two -way traffic or 18 feet for one -way circulation. 19 Page 20.80-6 Service Stations 4. Provisions for on -site queuing lanes shall be made. 5. Queuing lanes shall not interfere with access to required parking spaces. F. Utilities. All utilities shall be installed underground within the exterior property lines of the site. G. Drainage. All drainage to the street shall be by underground structures to avoid drainage across City walks or drive aprons, and shall be subject to approval by the Director of Public Works. . H. Site and Architectural Design. The site plan and architecture of the service station shall provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development and that is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. L Landscaping. Area Required. A minimum of 15 percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include, but not be limited to, the following: a. A minimum 5 foot -wide (inside dimension) planting areas between driveway approaches. b. A minimum of 150 square foot landscaped area provided at the intersection of two property lines at a street corner. Landscape materials shall not exceed a height of 36 inches. C. A minimum 5 foot -wide (inside dimension) planting area along interior property lines, except where openings are needed to facilitate vehicular circulation to adjacent properties. d. A *minimum of 30 percent of the required landscaping shall be provided within 20 feet of the street property lines. 2. Ouantity of Materials. Landscaped areas adjacent to street property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of street frontage. Landscaped areas adjacent to interior property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 30 linear feet. These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees shall be 24- inch box size, or larger. Required shrubs shall have a minimum mature Page 20.80 -7 Service stations growth height of 18 inches and shall be a minimum of 5 -gallon in size upon installation. f 3. Ouality of Materials. Plant materials shall be chosen for their screening qual- ities, 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. 4. Street Trees. City parkway areas shall be provided with groundcover and street trees as per City standards. 5. Barriers. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 7. Irrigation. 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. 8. Maintenance of Landscaping. a. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. b. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. C. All landscaped areas shall be kept free of weeds and debris. d. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 9. Sight Distances. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 10. Required Plans. Landscape planting and sprinkler irrigation plans and specifications shall be submitted by the applicant and approved by the Planning Director prior to the issuance of a building permit. J. Perimeter Walls. Service station sites shall be separated from abutting residentially -zoned property or 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 21 Page 20.80 -8 Service Stations adjacent street setback areas. Such walls need not be installed when building walls or other acceptable walls already exist on such property lines. K Lighting . Exterior light sources shall be shielded from view and directed away from adjacent properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed a height of 20 feet above finished grade. L Rest Rooms. One men's rest room and one women s rest room shall be provided during business hours for use by service station customers. All rest rooms with exterior entrances shall be located so as to be in clear view of the station's service area, cashier station, or office. M. Refuse Storage Areas. Refuse storage areas shall be enclosed by walls and integrated with the design of the service station. N. Additional Reuiments. It shall be required as a condition of a use pen nit that the applicant provide the fuel supplier, the property owner and/or lessee each with a copy of the conditions embodied on the permit, and receive a written receipt therefor, 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 fuel supplier and the operator of the station in order to assure compliance. O. Modification or Waiver of Regulations. The Planning Commission may modify or waive any of the design and development regulations contained in this section for the expansion or renovation of an existing service station upon finding that: 1. The strict compliance with the regulations is not necessary to achieve the purpose and intent of this chapter. 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of regulations. 3, The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. 0623/99 ZZ Page 20.80.9 Service Stations 20.80.070 Accessory Uses A. Accessory Uses Permitted. The following use classifications shall be permitted as accessory uses to a service station, subject to the approval of an use permit or an amendment to an existing use permit pursuant to Chapter 20.91: Use Permits and Variances. 1. Convenience Markets. 2. Automobile Washing. 3. Vehicle/Equipment Repair, Limited. 4. Electronic Equipment Installation. 5. Vehicle Rentals. B. Supplementary Regulations for Convenience Markets. The following supplementary regulations shall apply to convenience markets operated in conjunction with service stations. 1. Minimum Floor Area. The sale of food and beverages an& non- automotive merchandise shall require a minimum of 1,200 square feet of gross floor area, exclusive of vehicle service and washing areas. 2. Mode of Sale. The sale of merchandise from drive -up windows shall be prohibited. 3. Signs and Displays. Signs and displays shall not obstruct the sales counter, cash register, seller and customer from view from the exterior. 4. Arcade and Game Machines. Arcade and games machines shall be prohibited. 5. Securi . The Planning Commission may require the applicant to provide a security program for the site. 6. Alcoholic Bevera egc Sales. 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O) a N a) p- c .. c Co a N i a) .�. E N c C •� N U L V Q� -O .� --a-O N a m r N C y rn.c c « a) 0) — a Q) C = .c N O- .0-0 E a) O O Ca E N N c L C = p N ) � d a) OC ) CG D .N .. a) te . 3 p a) ca 0Q a) a3 N N a) a N U O N m �= O N °-a E N •= N N a) a @ p 7 a •c L aQ N N N p O vi CL d" a a3 7 p Y c N U(p W— U CO w p C N a 7 t L C Q ) O C Q y ❑ ❑ ❑ y C ,01 0 0 w 0 z 35 \ } ƒ ) 0 e• -� kJƒ@ \§o] \§ /c =0m �E£c \k /\ E m in. U) m CD ]§]� a \ &7 t \E- \ ©� § 20 \j77 0.S%% \ \ \ m. %a22 k cc c® \ SSE a "- §taE �mn= §33= 0 ca to 0 aof 06 0 \DgX ;\f ± / 2 ._ =m(D= eerm0 e. > ,'52 cc 62 &2/ ■ Bk ■ 0 ! \ RLO EXHIBIT 3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -005 (PA2002 -034) FOR PROPERTY LOCATED AT 3600 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by EZ Lube, with respect to property located at 3600 East Coast Highway and described as Lots 1, 2 and a portion of Lot 3 in Block V of Tract No. 323, requesting approval of Use Permit No. 2001 -005 to allow construction of a automobile lubrication facility consisting of 2,641 square-foot building located in Corona del Mar. Included within the request is a waiver of the parking requirement of ten spaces to permit seven spaces. Section 2. A public hearing was held on May 23, 2002 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. Section 3. The Planning Commission finds as follows: The proposed automobile lubrication facility and the proposed conditions under which it would be operated or maintained is 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 for the following reasons: a. The project includes landscaping, pedestrian benches designed for public use and building design features, such as trellises, cornices, stone accents and a pitched tile roof assist in creating an attractive site and building. b. The architectural treatments of the project are more in keeping with other retail commercial uses as opposed to traditional gas stations that have metal canopies. C. The project is designed with service bays located to the back of the building as far from Coast Highway as possible. d. The abutting Post Office building helps buffer the project form residential uses to the north thereby reducing potential negative impacts to nearby residences. e. The use will not generate traffic beyond that of the previous service station. f. The use does not generate smoke, dust, vibration or noise that could negatively impact the area. g. The use provides a service to the community that ensures recycling of used motor oil. 57 City of Newport Beach Planning Commission Resolution No. Page 2 of 6 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including conversion of the use to a traditional vehicle repair facility, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. An Initial Study and Negative Declaration (ND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft ND was circulated for public comment between April 30, 2002 and May 23, 2002. No comments were received from any responsible agency, member of the community, or other interested party and no responses were prepared. 4. The contents of the environmental document have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project. There are no cumulative impacts that are anticipated in connection with the project. The project has been conditioned to mitigate any adverse conditions. The prepared Negative Declaration is hereby approved. 5. The waiver of three parking spaces in this case 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 the Zoning Code for the following reasons: a. The parking demand will be less than the requirement in Section 20.66.030 in that the Code requirement for service stations require more parking than would be needed by a facility that restricts its use to the lubrication of automobiles only, and a parking analysis was conducted for a similar facility in the area that demonstrates that the proposed seven parking spaces will accommodate the potential parking demand for the site. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand in that the building is designed in a manner that will restrict its future use to the lubrication and minor servicing of automobiles and any change in the operational characteristics of the business will require a new use permit and analysis of the parking needs of the proposed changed use. 6. The project meets the development standards of the RSC District; however, it is proposed to waive the setback requirements of the Service Station Regulations. Waiver of the setbacks are permitted by Code Section 20.80.060(0) based upon the following findings: a. The strict compliance with the regulation is not necessary to achieve the purpose and intent of the Service Station regulations in that the project, even though technically classified as a service station, is limited to the lubrication and servicing of automobiles only and all work is accomplished within the building and no petroleum products are sold or dispensed outside. U City of Newport Beach Planning Commission Resolution No. PaL,e 3 of 6 b. The project possesses compensating design and development features that offset the impacts associated with the modification or waiver of regulations in that the building design is significantly different than a service station, consistent with other commercially designed buildings in the area, and has provided landscaping that exceeds the amount of landscaping provided in typical service stations since the number of access driveways is less than normally found in service station facilities. C. The overall site plan and architectural design is consistent with the City Design Guidelines in that landscaping has been provided along street frontages and interior property boundaries, the building has been situated on the site in a manner to orient the service bay openings away from the Coast Highway frontage, the building incorporates the use of design features such as trellises and roof features, and colors and materials have been used that are consistent with the recommendations of the Design Guidelines. 7. The project is consistent with the purposes of Chapter 20.80 (Service Stations) and the site plan and architecture are consistent with the City of Newport Beach Design Guidelines. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002 -005, subject to the Conditions set forth in Exhibit "A." Section 5. 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF MAY, 2002. f 3W M Larry Tucker, Chairman Earl McDaniel, Secretary AYES: NOES: 02 rA 71 City of Newport Beach Planning Commission Resolution No. _ Page 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERM]T NO. 2002-005 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated January 20, 2002. 2. Use Permit No. 2001 -005 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. The Planning Commission may add to or modify conditions of approval to this use permit, or revoke this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. 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 Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Care Agency and South Coast Air Quality Management District (SCAQMD) is required prior to permit issuance. 5. That any change in operational characteristics of the business including conversion to a traditional vehicle repair facility, change in the hours of operation, expansion in area, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. 6. Should this business be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 7. A ten -foot radius comer cutoff at the comer of Orchid Avenue and East Coast Highway shall be dedicated to the approval of the Public Works Director. 8. The unused driveway approaches along East Coast Highway and Orchid Avenue shall be removed and replaced with curb, gutter and sidewalk. The curb access ramp shall be reconstructed at the corer intersection to meet current ADA requirements, and shall be to the approval of the Public Works Director. All deteriorated sidewalk shall replaced as required by the Public Works Department. All work within Coast Highway shall be completed under an encroachment permit issued by the California Department of Transportation and all work completed within Orchid Avenue shall be completed under an encroachment permit issued by the City Public Works Department. im City of Newport Beach Planning Commission Resolution No. Paee 5 of 6 9. The catch basin located on Orchid Avenue shall be relocated and reconstructed to the approval of the Public Works Department. A drainage study prepared by a licensed civil engineer and paid for by the applicant shall be prepared and approved by the Public Works Department to determine the correct catch basin size. Any modifications or extensions to the existing storm drain required by the drainage report shall be the responsibility of the applicant. 10. Any Southern California Edison transformers serving the site shall be located outside the sight distance planes in accordance with City Standard 110-L. 11. Disruption caused by construction work along roadways and by movement or construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conduced in accordance with state and local requirements. There shall be no construction storage or deliver of materials within the East Coast Highway right -of -way. 12. The OCTA bus stomp on East Coast Highway shall be relocated so that it will not interfere with the proposed driveways. The new location of the bus stop shall be coordinated with the OCTA. 13. The monument sign shall be relocated to the satisfaction of the Public Works Department. 14. A minimum of four Queen Palms shall be installed on the property with two of the palms located along the East Coast Highway frontage. The palms shall have a minimum 8 -foot brown trunk height. 15. All on -site exterior lighting shall be provided in a manner so as to restrict any light and glare to the property. Exterior wall- mounted light fixtures shall be equipped with cut -off shields in order to prevent light spillage to surrounding properties and public right -of -way. Prior to final occupancy, Planning Department staff shall make an evening inspection of the property to determine if the lighting is in compliance with this condition, and any remediation measures to correct the lighting shall be made by the applicant. 16. Prior to final occupancy, Planning Department staff shall inspect the site during evening hours. If it is determined that the light intensity is to high, the Planning Director shall have the authority to reduce light levels to a level he /she finds compatible with the surrounding commercial and residential areas. 17. The operating hours of the business shall be limited to the hours of 7:00 am to 7:00 pm Monday through Friday, and 8:00 am to 6:00 pm on Saturday and Sunday. 18. Directional signage shall be installed directing vehicles to the lubrication bays to enter from Orchid Avenue. 19. The use of pneumatic tools and other similar noise- generating tools and equipment is prohibited at all times. 141 City of Newport Beach Planning Commission Resolution No. _ Page 6 of 6 20. Prior to the issuance of a building permit, a certificate of compliance or parcel map shall be processed and recorded. 21. Prior to issuance of a. building permit, a landscaping plan shall be prepared to the satisfaction of the Planning Director and the City Traffic Engineer. The plan shall show the species, sizes and locations of plants, and shall be developed in a manner that provides adequate screening of the service bays. 4-2,- EXHIBIT 4 Findings for Denial of Use Permit No. 2002 -005 The establishment, maintenance or operation of the proposed automobile service station use of the property will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed project is inconsistent with the legislative intent of this code for the following reasons: 1. The project is not compatible with surrounding land uses in that it introduces an automobile - related use in an area characterized by pedestrian- oriented uses. 2. There has been a trend away from automobile - related uses in the commercial districts of Corona del Mar during recent years due to the pedestrian nature of the area. 3. The project would introduce views of automobile service bays and it is not possible to screen the service bays from public view. 4. The operational characteristics of the use will require that the service bay doors remain open and the intensities of the lighting within the service bays would be in excess of the light levels in Corona del Mar. 5. The site development standards of the Service Station regulations of the Code as they relate to landscaping and setbacks have not been met. 6. The mandatory findings to grant a parking waiver cannot be met for this project in that the decrease in parking on the site could adversely affect surrounding parking and there currently is parking problem within the area. The proposed design could result in a parking problem associated with handicap parking requirements in that potential queuing of automobiles at the service bay doors could result in blocking the handicap space. 145 SUPPLEMENTAL INFORMATION USE PERMIT Project Description Approvals Requested: The Applicant requests the following approvals to construct and operate an Automobile Maintenance Facility, as indicated on the submitted plans (Sheets Al —A2): • A Use Permit ( "UP ") In the RSC -zone. [NBMC §20.15.0201 A Waiver of the Off - Street Parking Requirements to permit the provision of 7 parking spaces, instead of the 10 spaces required. [NBMC §20.66.030 & §20.66.1001 Protect Applicant: EZ Lube is an Orange County based operator of quick automobile lubrication facilities throughout Southern California. EZ Lube's emphasis is on customer service, professionalism and cleanliness. EZ Lube uses no noise - producing power tools and recycles 98% of the materials it uses. None of the fluids used in an EZ Lube facility are regulated as hazardous materials by the State of California Environmental Protection Agency. Project Description: The Applicant proposes to construct and maintain an Automobile Maintenance Facility consisting of: • 1 single story structure, 1,612 -gross sq. ft., including two automobile service bays, ancillary office space, and customer waiting area. 7 surface parking stalls, including 1 handicapped accessiblet space. All automobile service will be conducted within the interior of the structure. Description of Site: This 7,128 -sq. ft. (approx.) irregularly shaped parcel at the southeast corner of the intersection of Coast Highway and Orchid St. contains a vacant automobile service station with one pump island (two fueling lanes) and a Vehicle Repair garage. The station was continually operated as a Service Station from 1962 through 2001. Environmental Remediation History: Gasoline contaminated soil was detected on the subject site in April 1996. Site remediation has been completed to the satisfaction of the Orange County Health Care Agency. The County issued a "no further action" letter on April 25, 2001; a copy is enclosed. Relation to Site Owner: The site is owned by The Francis M. Hubbard Trust (Richard T. Hubbard, Trustee.) EZ Lube has a long -term lease to develop and operate the proposed Automobile Maintenance Facility on the site. Characteristics of Operation: a) Proposed Hours of Operation: 7:30 AM to 7:00 PM Monday — Friday; 8:00 AM to 6:00 PM Saturday & Sunday. EZ Lube Use Permit Page Moss & Associates, Inc. 3600 E. Coast Highway, Newport Beach I of 4 Consultant Xa1 b) Anticipated Customer Count: EZ Lube estimates that they will serve between 30 and 50 vehicles per day at the proposed facility. EZ Lube's average customer count is approximately 45 vehicles per day at each facility, after about two years of operation when the business has matured. The national average customer count at a quick lube facility is 42 customers per day. C) Parking and Cueing The Applicant will submit a parking & cueing analysis to supplement the request for a parking waiver and demonstrate the site can accommodate peak parking and queuing demands. 8. Proposed Signage: Three wall signs and one double -faced monument sign are planned for the proposed Automotive Maintenance Facility: 9. Proposed Mitigation Measures: The Applicant propose to construct and operate an Automobile Maintenance Facility in accordance with all applicable regulatory requirements. The following measures are already a part of the project description and are included to mitigate potential impacts of the proposal to a level of insignificance: a) Exterior Automobile Maintenance: Exterior automobile maintenance shall be prohibited. All work will be conducted within the interior of the structure. b) Development Standards: The proposed project complies with all development standards for the RSC district; a parking waiver has been requested in conformance with the requirements of the Municipal Code. C) Pedestrian Orientation: The project includes the following features to enhance the Coast Highway streetscape: i. Street furniture, including benches on Coast Highway and Orchid St. will be provided. ii. The parking area adjacent to the intersection of Coast Highway and Orchid St. will be covered with a trellis. iii. The facility's office and interior customer waiting area will be located at the street front to create a retail -like appearance. iv. An outdoor waiting patio will be located at the street frontage. EZ Lobe Use Permit Page Moss & Associates, Inc. 3600 E. Coast Highway, Newport Beach 2 of 4 Consultant Maximum Type Location Materials Dimensions Sign Area Glass & Metal Channel Wall West Fagade 3 -ft. 9 -in. x 9 -ft. 33.75 -sq, ft. Internally Illuminated Glass & Metal Channel Wall North Fagade 3 -ft. 9 -in. x 9 -ft. 33.75 -sq. ft Internally Illuminated Wall North Fagade Metal Channel 8 -in. x 18 -ft. 12 -sq. ft Externally Illuminated Double Faced North West Internally Illuminated 4 -ft. x 6 -ft. 18-sq. o (excludes 2 25 /o Monument Corner of Site Glass /Concrete Base (including base) base) 9. Proposed Mitigation Measures: The Applicant propose to construct and operate an Automobile Maintenance Facility in accordance with all applicable regulatory requirements. The following measures are already a part of the project description and are included to mitigate potential impacts of the proposal to a level of insignificance: a) Exterior Automobile Maintenance: Exterior automobile maintenance shall be prohibited. All work will be conducted within the interior of the structure. b) Development Standards: The proposed project complies with all development standards for the RSC district; a parking waiver has been requested in conformance with the requirements of the Municipal Code. C) Pedestrian Orientation: The project includes the following features to enhance the Coast Highway streetscape: i. Street furniture, including benches on Coast Highway and Orchid St. will be provided. ii. The parking area adjacent to the intersection of Coast Highway and Orchid St. will be covered with a trellis. iii. The facility's office and interior customer waiting area will be located at the street front to create a retail -like appearance. iv. An outdoor waiting patio will be located at the street frontage. EZ Lobe Use Permit Page Moss & Associates, Inc. 3600 E. Coast Highway, Newport Beach 2 of 4 Consultant d) Village Plan: The design of the proposed facility will complement the planned Corona del Mar "Vision 2004" plan through the inclusion of coordinated decorative paving strips, landscaping and street furniture. e) Curb Cuts: Existing curb cut adjacent to the intersection on Coast Highway will be removed. The existing cut on Orchid St. will be relocated to a location as far from the intersection as possible. Proposed Findings Suggested Findings for Automobile Maintenance Facility: The Applicant seeks a Use Permit to construct and operate an Automobile Maintenance Facility on an RSC- zoned site. a) The proposed location of the use is in a accord with the objectives of the code and the purposes of the district in which the site is located, in that: i. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses, and the proposed Automobile Maintenance Facility is consistent with this designation; ii. The commercial districts are intended to provide for the service commercial uses needed by residents of the city, including uses such as Automobile Maintenance; and iii. The subject site is zoned RSC; vehicle repair is permitted in this zone, subject to the approval of a Use Permit. b) 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, in that: i. The proposed use is local serving; it will serve the residents and employees of the surrounding area; ii. The proposed site is not adjacent to, or separated by a street or alley from any residential parcels; the proposed operation will not adversely affect nearby residential uses; iii. The orientation of the service bays, turned_ parallel to Coast Highway coupled with proposed landscaping that exceeds code requirements, protects against adverse visual impacts from the public right -of -way; iv. The provision of amenities including street furniture, an outdoor waiting patio and a trellis over the parking area, along with the street presence of the proposed office area, reinforces the pedestrian- oriented character of the surrounding neighborhood; V. The project eliminates a curb cut on Coast Highway immediately south of its intersection with Orchid St. and relocates another curb cut on Orchid St. further from the intersection with Coast Highway; and EZ Lube Use Permit Page Mass & Associates, Inc. 3600 E. Coast Highway, Newport Beach 3 of 4 Consultant 51 vi. The ease of use and access to the proposed facility will encourage the public to utilize a professionally- operated oil change facility rather than changing oil themselves, potentially polluting the environment by illegally dumping waste oil into the ground. C) The proposed use will comply with the provisions of the code, and there are no specific conditions required for the proposed use in the RSC district. Suggested Additional Findings for Waiver of the Off-Street Parking Requirements: The Applicant seeks a Use Permit to waive the requirements for off - street parking to allow the provision of seven on -site parking spaces in lieu of the required ten spaces. a) The parking demand will be less than the requirement in §20.66.030 of the code, in that: The Municipal Code does not provide specific parking standards for quick lube facilities. The parking requirements in the code assume the parking demand of a standard vehicle repair facility where customers typically drop off their cars for repair, and return later in the day to retrieve them; and ii. Typically, customers of quick lube facilities obtain service soon after their arrival at the facility and drive away in their vehicles immediately after obtaining service. Unlike a typical vehicle repair facility, customers do not drop off their cars, and there is no need to park cars for later pick -up by the customer. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand, in that: i. The proposed structure, with its drive - through service bays, has been designed for the specific needs of a quick lube'facility, and is unlikely to be suitable for another use. EZ Lube Use Permit Page Moss & Associates, Inc. 3600 E. Coast Highway, Newport Beach 4 of 4 Consultant �y "J� .._ .._.._ t� liq 556 13E2 Z LUBE ti46 raffic Report or the period beginning 01/06/2002 FEB -14.02 2:49PM; PAGE 2 Time; 5:11 PM Dabeo 02/�t3/2002 Page .I 1 UNARY 01/06/2002 01/13/2002 01/20/?002 01/27/2001 xxccicccrosxmxxxrxxvccx_ xxxxaiccr¢ rozv: msisiaracma =xxmmxccmvzxxscamcs¢cz RAFFIC 7AM- HAM 0 0 0 0 RAFFIC 8AM- SAM I 1 0 3 RAFFIC 9AM -10AM 5 4 5 5 RAFFIC 10AM -11AM 3 3 1 4 RAFFIC 11AM--12NOON 3 5 3 1 RAFFIC J2NOON- iPM 2 2 4 3 'RAFFIC iF`M- 2PM 6 3 3 0 'RAFFIC 29M- 3PM 5 5 3 2 'RAFFIC 3PM— 4PM 4 c 3 2 'RAFFIC 4PM— 5PM 2 3 3 2 'RAFFIC 5PM— GPM 0 0 0 0 RAFFIC SPM- 7PM 0 0 0 0 SUNDAY DAILY AVERAGE COUNT: 27 DAYS OPEN; 4 ION-DAY 01/07/2002 01/14/2002 01/21/2002 01/28/200c .L x.- . C..^ -m'S mx ^.x i.^. Y' = L^ -'iCS Z= LL.�.Y0i c.3 m�6 Cim."..Gm'R C.Y'.iCC�iFC�"3Fi LmUPORC3CSxR'CS xCOSm 'RAFFIC 7AM- SAM 0 0 0 0 'RRFFIC SAM- 5AM 2 0 5 2 'RAFFIC 9AM -10AM 2 2 3 1 'RAFFIC 10AM -11AM 6 2 4 3 `RAFFIC IIAM- 122NOON 1 4 3 5 'RRFFIC 12NOON- IPM 6 1 2 3 RAFFIC IPM- 2PM 3 3 1 3 'RAFFIC 2PM - 3PM 2 3 0 2 'RAFFIC 3PM- 4PM 1 6 7 2 - RAFFIC 4PM- 5PM 5 3 3 3 'RAFFIC 5PM- 6PM 1 3 2 0 'RAFFIC 6PM- 7PM 0 0 0 0 MONDAY DAILY AVERAGE COUNTe 28 DAYS OPEN: 4 "UESDAY 01/08/2002 01/15/2002 01/22/2002 01/29/2 e> mxamevc ¢¢sxceFx¢xce¢xxr..scaesmea�c micmiasvcad"- isaeamrc a>accccmacmwm: 'RAFFIC 7AM- SAM 0 0 0 0 RAFFIC HAM- 9AM 0 2 2 3 "RAFFIC 9AM -10AM 3 2 4 1 "RAFFIC 10AM -11AM 1 5 2 1 'RRFFIC 13AM- IaNO0N 2 2 3 5 "RAFFIC 1cNUGN- IPM 2 3 1 1 'RAFFIC IPM- 2PM C 3 3 2 'RAFFIC 2PM- 3PM 3 1 2 5 'RAFFIC 3PM- 4PM 2 2 2 3 `RAFFIC 4PM- 5PM 1 0 2 2 'RRFFIC 5PM- 6PM 1 0 2 0 ;RAFFIC 6PM- 7PM 0 0 0 0 TUESDAY DAILY AVERAGE COUNT: 21 DAYS OPEN: 4 AVG COUNT 0 1 5 3 3 s 3 4 3 3 0 0 AVG COUNT 0 2 4 3 3 3 2 4 4 4 0 AVG COUNT' 0 2 3 2 3 V 3 3 V 3 1 0 5 WEDNESDAY DAILY AVERAGE COUNT: 17 DRYS OPEN: 4 'HURSDAY 01;/10/2002 01/17/2002 01/24/2002 01/31/200 AVG COUNT .- rracaaraaa= aacaaaa= a. saaeacaaaaoarsaaaaaaaxcra�axcamcxxaor�raaaaar - �rx -asxarn "RAFFIC 7AM- SAM ;14 556 1,162 FEB -14 02 2:46PM; PAGE I Z LURE 046 2 0 Time: 5:11 PM Dater @:?/03/2002 "RAFFIC 9AM -10RM 2 1 3 Pagel 2 raffic Report 2 2 2 4 3 or the period beginning 01/06/2002 3 0 0 1 2 ;EDNESDAY 01/09/2002 01/16/2002 @1/23/2002 01/30/2002 AVG COUNT :saaa ---- Yi- -- ---- -- RAFFIC 7AM- SAM 1 1 0 I 4 1 'RAFFIC SAM-- 9AM 2 0 0 0 I 1 'RAFFIC 9AM -10AM 0 4 1 3 2 'RAFFIC LOAM -I1AM 1 1 2 .` C RAFFIC 11AM- 12NDON 1 3 1 1 2 'RAFFIC 12NOON- IPM 5 3 1 2 3 'RAFFIC IPM- 2PM 2 2 3 1 I 2 'RAFFIC 2PM- 3PM 1 3 1 1 2 'RAFFIC 3PM - 4PM 5 2 1 0 c^ 'RAFFIC 4PM- 5PM I 1 2 2 2 'RAFFIC 5PM- 6PM 1 2 1 0 1 - RAFFIC 6PM- 7PM 0 0 0 0 0 WEDNESDAY DAILY AVERAGE COUNT: 17 DRYS OPEN: 4 'HURSDAY 01;/10/2002 01/17/2002 01/24/2002 01/31/200 AVG COUNT .- rracaaraaa= aacaaaa= a. saaeacaaaaoarsaaaaaaaxcra�axcamcxxaor�raaaaar - �rx -asxarn "RAFFIC 7AM- SAM 0 @ 0 0 0 'RAFFIC SAM- SAM 2 0 2 1 1 "RAFFIC 9AM -10RM 2 1 3 0 2 'RAFFIC 10AM -11RM 2 2 2 4 3 "RAFFIC IIAM- 12NOON 4 3 0 0 1 2 'RAFFIC 12NOON- IPM 0 3 3 6 3 'RAFFIC IPM- 2PM 2 0 3 3 2 - RAFFIC 2PM- 3PM 1 5 1 3 3 'RAFFIC 3PM- 4PM 5 1 @ 6 3 'RAFFIC 4PM- 510M @ 2 3 3 2 'RAFFIC `FPM- 6PM 2 2 5 1 l 3 'RAFFIC 6PM-- 7PM 1 0 0 0 I @ THURSDAY DAILY AVERAGE COUNT: 22 DAYS OPEN: 4 "RIDAY 01/11/10002 01/18/2002 01/25/2002 02/01/200 AVG COUNT YC1' ir���i 'AK"i1L^:L':Y'Yl"•3'A' >aOYr Y•'L'•55."a`HI 09GPo pC RfdW95am�S..t'R 6mra5 :.ffiam �LSa SiiSSL R:40.�S�3 :a ��. iLa��Sa��� 'RAFFIC 7AM- 8AM 0 @ 0 1 @ TRAFFIC SAM- 99M 1 7 1 RRFFIC 9RM -10RM I 2 e 3 2 'RAFFIC 10AM -I1AM 2 2 3 1 a "RAFFIC 1IAM- 12NOON 4 4 2 4 I 4 ,RAFFIC 12NOON- 1PM 2 1 3 5 3 :'RAFFIC )PM- 2PM 1 5 3 cry. 3 'RAFFIC 2PM- 3PM 2 3 2 0 2 "RAFFIC 3PM- 4PM 3 1 2 @ l 2 (RAFFIC 4PM- 5PM 2 2 1 3 2 "RAFFIC 5PM- 6PM 1 @ 4 2 2 (RAFFIC 6PM,- 7PM 1 0 0 @ O FRIDAY DAILY AVERAGE COUNT: 23 DAYS OPEN: 4l 1 I, o e�al eiv: EZ Me INC; 714 556 1352 ; FE9 -14 -02 2:47PM; PAGE 419 Z LUSE #46 Tine: 5:11 PM Date:102/03/2002 raffic Report pager 3 or the period beginning 01/06/2002 ATURDAY 01/12/20tb2 0]!19/2002 01/26/20 @2 02/021 - x -xcaxc v^ a�= xmxmsm= snmmaxa�mssmaomxms mcamxxxacmmasmccm:axsmxavmmmsmm RAFFIC 7AM- SAM 1 0 3 'RAFFIC SQM- 9AM 5 3 2 'RAFFIC 9AM -10AM 2 2 3 'RAFFIC 10RM -11AM 6 2 7 RAFFIC 11AM- IENDON 6 8 2 'RAFFIC 12NOON- IPM 4 7 2 'RAFFIC 1PM- ?PM 4 S 3 'RAFFIC 2PM— 3PM 4 2 4 'RAFFIC 3PM- 4PM 5 1 2 RAFFIC 4PM- 5PM 4 1 0 RAFFIC 3PM- 6PM 2 0 0 'RAFFIC 6PM- 7PM 0 0 0 GRTURDAY DAILY OVERAGE COUNT: 33 DAYS OPEN; i 0 3 E k 4 3 4 3 4 2 0 0 4 AVG COUNT xacmxxxxs 1 3 3 4 5 4 4 3 3 2 1 0 ,h oou lau2 Z LUSE N46 raffic Report 'or the period beginning 01/13/2002 SDNESDAY - �amIIaac¢¢ava ¢Ca ¢-.: 'RAFFIC 7AM- SAM 'RAFFIC 89M- 99M 'RAFFIC 9AM -10AM 'RAFFIC IOAM -11AM 'RAFFIC 11AM- 12NOON 'RAFFIC 12NOON- IPM 'RAFFIC IPM- 2PM 'RAFFIC 2PM- 3PM 'RAFFIC 3PM- 4PM "RAFFIC 4PM- 5PM "RAFFIC 5PM- 60M 'RAFFIC GPM- 7PM ; FEB-14 -02 2:48P.l; PAGE 718 Time: 5a18 PM Date ;102 /10/2002 Page ej 2 01/16/2002 01/23/2002 01!301'002 02/06/2000 _AVG COUNT ! 0 1 1 ¢+ m w a 4 1 3 1 1 2 2 3 3 1 1 5 3 1 2 4 2 3 1 4 3 1 1 4 2 1 0 3 1 2 z 5 2 i 0 0 0 0 0 1 WEDNESDAY DAILY AVERAGE COUNTac'0 DAYS OPENS 4 THURSDAY 01/17/2002 01/24/2002 01/31/2002 02/07/200Z •IIx4m¢¢¢a¢¢ m��.im�aa¢,:¢a- ..,xL'c Rt Fe¢m ®¢mIIm¢.Z.iSa�Oa� - -C V.CG '.. i'x.a¢FL ¢S'O ;RAFFIC 7AM- 80M 0 0 0 0 'RAFFIC SAM- 9AM 0 2 1 2 (RAFFIC 9AM -LOAM 1 3 0 2 'RAFFIC 10A14-IIAN 2 2 4 5 TRAFFIC IIAM- 12NDON 3 0 0 2 TRAFFIC 12NOON -• IPM 3 3 E z TRAFFIC 1PM- 2PM 0 3 3 7 TRAFFIC 8PM- 3PM 5 1 3 1 TRAFFIC 3PM- 4PM 1 0 6 4 TRAFFIC 4PM - 5PM e 3 3 4 TRAFFIC 5PM- 6PM 2 5 1 2 TRAFFIC 6PM- 7PM 0 0 0 1 i THURSDAY DAILY AVERAGE COUNTS 25 DAYS OPENa 4 7RIDAY 01/18/2002 01/25/2002 02/01!2002 02/08/200+ -aa ¢ xcmaasxammaaeac ,�Tn¢Y¢aCm¢`M¢YSaq!lm.KR¢Yt'�iR Sxwmmsma¢mamcmaIIxpamamaROmso ¢� TRAFFIC 7AM- 8AM 0 0 1 0 TRAFFIC 8AM- ')AM 7 1 2 1 TRAFFIC 9AM -10AM 2 ? 3 1 TRAFFIC 10AM -IIAM 2 3 1 4 TRAFFIC 11AM- 12NOON 4 2 4 3 TRAFFIC 12NDON-• IPM 1 3 5 5 TRAFFIC SPM- 2PM 5 3 2 7 TRAFFIC 2PM^ 3PM 3 2 0 1 TRAFFIC 3PM- 4PM I z 0 5 TRAFFIC 4PM— 5PM 2 1 3 2 TRAFFIC 5PM— 5PM 0 4 2 3 TRAFFIC 6PM— 7PM 0 0 0 0 FRIDAY DAILY AVERAGE COUNT; 26 DAYS OPEN: 4 1 1 0 2 3 3 3 2 2 3 1 0 AVG COUNT V 1 2 3 1 4 3 3 3 3 3 0 AVG COUNT a- ¢sIImaaaa- m 3 3 3 4 4 2 4 4 0 .__ ._... I _.. .. _- r,. L .,,a Z LURE #46 Time: Ss19 PM Dater 02/10/2002 'raffit Report Rage:' 3 'vr the period beginning 01/13/2002 ;ATURDAY 01/19/2002 01/26/2002 02 /02 /2W02 0?/09120ei AVG COUNT ¢ msavvmsvvaccoascc�=- asxvscsaamosaasvvvvvv: samcsam :sasussmmsvms ®avnm3saamos�s= 'RAFFIC 7AM— SAM 0 3 0 2 3 "RAFFIC SAM— 9AM 3 2 3 5 j 3 'RAFFIC 9AM -10AM 3 6 4 4 "RAFFIC 10AM -11AM 2 7 1 5 4 'RAFFIC 1IRM- •i2NOON 8. 2 4 7 'RAFFIC 12NOON— IPM 7 2 3 7 5 'RAFFIC IPM— 2PM 5 3 4 3 4 'RAFFIC 2PM— 3PM 2 4 3 2 3 'RAFFIC 3PM— 4PM 1 2 4 5 3 'RAFFIC 4PM— SPM 1 0 2 2 1 "RAFFIC 5PM— SPM 0 P 0 1 0 - RAFFIC 6PM— 7PM 0 0 0 1 0 SATURDAY DAILY AVERAGE COUNT: 333 DAYS OPEN: 4i i i I 1 Campbell, James From: Bludau, Homer Sent: Wednesday, April 03, 2002 2:56 PM To: O'Neil, Dennis; Temple, Patty; Wood, Sharon; Campbell, James Subject: FW: letter to ez lube For your information. Homer - - - -- Original Message---- - From: Chamber Executive [mailto:cdmchamber @earthlink.net] Sent: Wednesday, April 03, 2002 10:03 AM To: hbludau @dty.newport- beach.ca.us Subject: letter to ez lube March 5, 2002 Moss and Associates Attn: Ken Genser 613 Wilshire Blvd. Suite 105 Santa Monica, CA. 90401 Subject: Use Permit # RA 2002 -034 E -Z Lube The Corona del Mar Chamber of Commerce would like to express our opposition on the above - requested Use Permit for 3600 East Coast Hwy., in Corona del Mar. We are in agreement with the Corona del Mar Business Improvement District's concern, and feel that the establishment of EZ -Lube will add serious safety concerns at that location. With the post office next door, as well as a very popular donut and coffee shop on the adjacent corner, a busy pedestrian crosswalk, and bumper -to- bumper traffic most of the day, it is our opinion that this permit be denied. In addition, there is insufficient parking on site, plus a lack of off - street parking in the vicinity. It is likely that cars waiting to be serviced would impact both PCH and Orchid Avenue. This would create a negative situation that would be counter- productive to our efforts to improve our business district, and impede the traffic circulation in our neighborhoods. 3 Therefore, we request that this permit be denied. Yours truly, Luvena Hayton Executive Secretary to the Board �,3 Varin, Ginger From: Temple, Patty Sent: Friday, May 17, 2002 11:38 AM To: Varin, Ginger; Campbell, James Subject: FW: Opposition to the EZ LUBE on Orchid & PCH Please distribute to the Planning Coimmission - - - -- Original Message---- - From: Kiff, Dave Sent: Friday, May 17, 2002 11:26 AM To: Temple, Patty Cc: 'pglowienke @att.net' Subject: FW: Opposition to the EZ LUBE on Orchid & PCH Hi Paul -- I'll forward your e -mail along to the Planning Director for distribution to the Planning Commissioners. Dave - - - -- Original Message---- - From: pglowienke @att.net fmailto:pglowienke @att.net] Sent: Friday, May 17, 2002 11:24 AM To: DKiff @city.newport- beach.ca.us Subject: Opposition to the EZ LUBE on Orchid & PCH Good Morning Dave, I am entailing you to express my strong opposition to the city's intent to approve an EZ LUBE location at Orchid & PCH. I am unable to attend the public hearing on 23 May. Please enter this eMail into the public record on my behalf. My wife and I oppose this business for three principal reasons: 1. No need - Fletcher Jones, Newport Auto Center, Chevron and Goodyear all perform the same services already 2. No desire to see it - If you drive up 17th street in COSTA MESA, you see Jiffy Lube, Grease Monkey, etc. I don't want Olde Corona del Mar to resemble Costa Mesa. 3. No Fit - The other three corners of the same intersection are a donut shop, an antique store and a florist. If this is going to be the primary crosswalk for the south end of town, I don't want all of our visitors and residents to see EZ LUBE as the spotlight business for our quiet, quaint town. I ask all council members to OPPOSE this business in Corona del Mar. I ask to DENY the use permit. Regards, Paul M. and Jillian J. Glowienke 427 Hazel Drive Corona del Mar, CA 92625 949.466.5800 1 V� Page 1 of 1 Campbell, James From: Temple, Patty Sent: Friday, May 17, 2002 2:03 PM To: Varin, Ginger; Campbell, James Subject: FW: DENY the EZ LUBE Permit Please forward to the Planning Commission. - - - -- Original Message---- - From: Bludau, Homer Sent: Friday, May 17, 2002 12:14 PM To: Temple, Patty; Wood, Sharon Subject: FW: DENY the EZ LUBE Permit - - - -- Original Message---- - From: Paul Glowienke [ mailto: paul. glowienke @smartsystemsintl.com] Sent: Friday, May 17, 2002 11:38 AM To: hbludau @city.newport- beach.ca.us Subject: DENY the EZ LUBE Permit Hello Mr. Bludau, I have sent a more detailed a Mail to Dave Kiff in this same issue. I am a Mailing you because I am unable to attend the public hearing on 23 May 2002. My wife and I STRONGLY OPPOSE the city's plan to allow the construction of an EZ LUBE location On Orchid and PCH in Corona del Mar. Please enter my opposition into the public record. I urge all committee and council members to deny the use permit. EZ LUBE belongs in Costa Mesa or Santa Ana, Not Olde Corona del Mar. Regards, Paul Glowienke Smart Systems International 3334 E. Coast Highway # 431 Corona del Mar, CA 92625 949.673.3153 (voice) 949.673.3163 (fax) 05/17/2002 45 2. 3. CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST FORM Project Title: EZ Lube Use Permit No 2002 -005 (PA2002 -034 Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92658 -8915 Contact Person and Phone Number: Bill Cunningham, Planning Department (949) 644 -3200 4. Project Location: 3600 East Coast Highway Corona del Mar, CA 92625 5, Project Sponsor's Name and Address: EZ Lube 3606 W. Lake Center Drive, Suite B Santa Ana, CA 92704 6. General Plan Designation: Retail & Service Commercial 7. Zoning: Retail & Service Commercial (RSC) 8. Description of Project: The project consists of construction of a new automobile service facility for oil changes and lubrication services on a parcel previously developed with a service station. The project will consist of a 2,641 square -foot building (1,612 square feet on the first floor and 1,029 square feet in a basement storage/service area). The project includes a request for parking waiver to allow seven parking spaces — ten spaces are required by the Zoning Code. In addition, the existing service station building will be demolished and the underground gasoline storage tanks will be removed. 9. Surrounding Land Uses and Setting: Current Development: Vacant service station. To the north: U.S. Post Office To the east: Retail commercial To the south: Retail commercial and restaurants across East Coast Highway To the west: Retail commercial and food uses across Orchid Avenue CHECKLIST Page �1 A 9. Other public agencies whose approval is required: South Coast Air Quality Management District (SCAQMD) County of Orange Health Care Agency, Environmental Health Division ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. R1 Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Air Quality DETERMINATION 0 Transportation/ Circulation ❑ Biological Resources ❑ Energy & Mineral Resources 0 Hazards ❑ Noise ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" CHEU asr Page e22 °'® or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I Find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ❑ Submitted by: William Cungifilgliam, Contract Planner Signature Date Planning Department Prepared by: William Cunningh , Contract Planner Signature Date F: \VSERS\PLN\SHARED\I FORMSWEG•DEC100CKLIST.DOC CHECKLIST Page ^3 CITY OF NEWPORT BEACH ENVIRONMENTAL CHECKLIST I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C) Substantially degrade the existing visual character or quality of the site and its surroundings? C) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Potentially Potentially LOSS Mall no Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ❑ ❑ ❑ o ❑ ❑ ❑ 0 ❑ ❑ 't . ❑ [� ❑ ❑ ❑ 0 CHECKUSr Page 4 CHECKLIST Page 5 vorentlauy roamnany yeas nun nu Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Violate any air quality standard or ❑ ❑ ❑ contribute to an existing or projected air quality violation? C) Result in a cumulatively ❑ ❑ ❑ D considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to ❑ ❑ ❑ EZ substantial pollutant concentrations? e) Create objectionable odors affecting ❑ ❑ ❑ a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, ❑ ❑ ❑ 1Z either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ ❑ ❑ 1Z any riparian habitai or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on p ❑ ❑ 0 federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? CHECKLIST Page 5 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinn: Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ❑ ❑ ❑ 0 ❑ ❑ ❑ l3 ❑ ❑ ❑ a ❑ ❑ ❑ 8 ❑ ❑ ❑ D ❑ ❑ ❑ 0 CHECKLIST Page 66 ;J -4 CHECKLIST . Page 7 . 1� Potentially Potentially Less than NO Significant Significant Significant Impact Impact Unless impact Mitigation Incorporated i) Rupture of a known earthquake ❑ ❑ ❑ 0 fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground ❑ ❑ ❑ 0 shaking? iii) Seismic - related ground failure, ❑ Cl ❑ a including liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or ❑ ❑ ❑ EI the loss of topsoil? C) Be located on a geologic unit or soil ❑ ❑ ❑ 0 that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as ❑ ❑ ❑ 0 defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ 0 supporting the use, septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Vll. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ❑ ❑ 0 Cl public or the environment through routine transport, use, or disposal of hazardous materials? CHECKLIST . Page 7 . 1� CHECKLIST Page 8 Potentially Potentially Less than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Create a significant hazard to the ❑ ❑ ❑ public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or ❑ ❑ ❑ handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is ❑ ❑ ❑ R1 included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land Q ❑ ❑ 0 use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ ❑ p Q private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ ❑ ❑ p physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ ❑ ❑ Q significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? CHECKLIST Page 8 VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards ❑ ❑ ❑ O or waste discharge requirements? b) Substantially deplete groundwater ❑ ❑ ❑ 0 supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C) Substantially alter the existing ❑ ❑ ❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing ❑ ❑ ❑ 0 drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water ❑ ❑ ❑ 0 which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade ❑ ❑ ❑ water quality? g) Place housing within a 100 -year ❑ ❑ ❑ 0 flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard ❑ ❑ ❑ 0 area structures which would impede or redirect flood flows? CHECKLIST Page 9 i) Expose people or structures to a ❑ ❑ ❑ 0 significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or ❑ ❑ ❑ 0 mudflow? IX. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established ❑ ❑ ❑ 0 community? b) Conflict with any applicable land use ❑ ❑ 0 ❑ plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applicable habitat ❑ ❑ ❑ 0 conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a ❑ ❑ ❑ 0 known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a ❑ ❑ ❑ 0 locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? C) Displace substantial numbers of ❑ ❑ ❑ 0 people, necessitating the construction of replacement housing elsewhere? XI. NOISE. Would the project result in: a) Exposure of persons to or ❑ ❑ 0 ❑ generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? CFE.CKUST Page 10 �I for b) Exposure of persons to or ❑ ❑ 0 ❑ generation of excessive groundbome vibration or groundborne noise levels? C) A substantial permanent increase in ❑ ❑ ❑ 0 ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ ❑ 0 ❑ increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an ❑ ❑ ❑ 0 airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a ❑ ❑ ❑ 0 private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: i a) Induce substantial population ❑ ❑ ❑ 0 growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of ❑ ❑ ❑ 0 existing housing, necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of ❑ ❑ ❑ 0 people, necessitating the construction of replacement housing elsewhere? crEcxusT Page I I %11�11q X111. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [] ❑ ❑ 0 Police protection? ❑ ❑ ❑ 0 Schools? ❑ ❑ ❑ 0 Other public facilities? ❑ ❑ ❑ 0 XIV. RECREATION a) Would the project increase the use ❑ ❑ ❑ 0 of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include ❑ ❑ ❑ 0 recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment ?,opportunities? XV. TRANSPORTATION/TRAFFIC . Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ 0 substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or ❑ ❑ ❑ 0 cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? CHF.CKIBT Page 12 C) Result in a change in air traffic ❑ ❑ ❑ 8 patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due ❑ ❑ ❑ Q to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ❑ ❑ ❑ Q access? f) Result in inadequate parking ❑ ❑ ® ❑ capacity? g) Conflict with adopted policies, plans, ❑ ❑ ❑ Q or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES & SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ❑ ❑ ❑ Q requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ ❑ Q of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C) Require or result ki the construction ❑ ❑ ❑ Q of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ❑ ❑ ❑ Ll available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the ❑ ❑ ❑ Q wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existinq commitments? CHECKLIST Page 13 qlor Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. 0 0 U W 11 J ❑ a 7 Fo- U !1 u 5 Earlier analyses may, be used where, pursuant to the tiering, program EIR, or.other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. CHECKLIST Page 14 c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. SOURCE LIST The following enumerated documents are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660. Final Program EIR — City of Newport Beach General Plan 2. General Plan, including all its elements, City of Newport Beach. 3. Title 20, Zoning Code of the Newport Beach Municipal Code. 4. Title 15, Building and Construction Code of the Newport Beach Municipal Code. 5. City Excavation and Grading Code, Newport Beach Municipal Code. 6. Chapter 10.28, Community Noise Ordinance of the Newport Beach Municipal Code. 7. South Coast Air Quality Management District, Air Quality Management Plan 1997. 8. South Coast Air Quality Management District, Air Quality Management Plan EIR, 1997. 9. Use Permit No. 2002 -005 (PA2002 -034) Application and Plans. 10. Flood Insurance Rate Map (FIRM), Map No, 06059C0062E, September 15, 1989. 11. Seisic Hazaord Zones Map, Laguna Beach Quadrangle, April 15, 1998. i CHECKLIST Page 15 t ENVIRONMENTAL ANALYSIS The following is a discussion of potential project impacts as identified in the Initial Study /Environmental Checklist. Explanations are provided for each item. I. Aesthetics: a. No Impact. Although the site is not within a scenic vista area and does not impede views of the bay or coast, the project will modify the views of the site in that an existing older service station will be replaced by a new automobile tubricationtservice drive- through facility. The service work will be performed in two service bays. Aesthetic mitigation will consist of orientation of the service bay openings to the east and west, and not to Coast Highway. In addition, landscaping and hardscaping is proposed to be installed along the Coast Highway frontage and along interior property lines. Landscaped areas will consist of 1,257 square feet, or 17.6 of the site area. Three new street trees consisting of Queen Palms are proposed to be installed within planters within the public right -of -way along Coast Highway. Park benches are proposed to be installed along Coast Highway and Orchid Avenue. The benches will be located on the private property, but will be oriented to the street and are intended for public use. The building is one story in height and the architecture is Mediterranean. A tower element is included at the Northwest corner, and total building height is 29 feet. Condition(s) will be included requiring any exterior lighting to be screened in a manner to restrict light rays to the site and to not create light and glare onto surrounding properties. The overall project aesthetics are an improvement to the views of the site. b. No Impact. See response I -a. above. No significant resources or historic buildings exist on the site C. No Impact. See response I -a. above. d. No Impact. The operating hours of the facility is primarily during daytime hours. Exterior site lighting is limited to wall mounted fixtures that will be equipped with shields to direct light rays downward. The site is in a commercial area and surrounded by existing commercial uses. Mitigation Measures: The building design, orientation and landscaping will provide mitigation relative to aesthetic issues. There are no significant environmental impacts and no mitigation measures are proposed or required. if. Agriculture Resources: a. No Impact. The project has been developed with a service station in the past and the surrounding area is existing commercial uses. There are no agricultural resources on or near the site. b. No Impact. See response II -a. above. C. No Impact. See response 11 -a. above. CHECKLIST Page 16 Mitigation Measures: There are no impacts on agricultural lands. No mitigation measures are proposed or required. Iii. Air Quality: a. No Impact. The project will require the use of limited quantities of lubricants and oil -based products. The site has been a service station that also included minor automobile servicing in the past. The business will require licensing from the South Coast Air Duality Management District, but no impacts are anticipated due to the very limited nature of the business. Short term impacts associated with construction equipment are mitigated through existing Building Department requirements for dust control and equipment operating standards. b. No Impact. See response III -a. above. C. No Impact. See response III -a. above. d. No Impact. See response III -a. above. e. No Impact. The business will not result in the creation of odors due to the service and products offered on site. Mitigation Measures: Short term impacts related to construction dust and vehicular fumes will be rftgated through the requirements for dust control and vehicular emissions required by the City Building Code. ;'There will be no long term impacts . associated with air quality. No mitigation measures are proposed or required. IV. Biological Resources: a. No Impact. The project is located in an existing urbanized area that has been developed'for commercial purposes and the site has been a service station. There re no significant biological resources located on the site or in the vicinity of the site. b. No Impact. See response IV -a. above. C. No Impact. The site is not located within a federally- identified wetland and will not impact any such resources. d. No Impact. The site is not located within a wildlife migratory corridor, therefore, the project will not interfere with any migratory wildlife corridors. e. No Impact. CHECKLIST Page 17 ,0, The project will not result in the removal of any street trees or other significant biological resources. I. No Impact. The project is not within an area identified on any natural habitat or conservation plan. Mitigation Measures: The project will not adersely impact any biological resources. No mitigation measures are proposed or required. V. Cultural Resources: a. No Impact. The site and surrounding area are developed and no historical, archaeological or paleontological resources are known or are likely to exist on the site or within close proximity to the site. b. No Impact. See response V -a. above. C. No Impact. See response V -a. above. d. No Impact. See response V -a. above. Mitigation Measures: There will be not impacts to cultural resources. No mitigation measures are proposed or required. VI. Geology and Soils: a. No Impact. The area, as well as the entire central Orange County region, is located in an area subject to seismic activity. The proposed building is one story in height -- up -to -date structural design standards and conformance with the Uniform Building Code are likely to ensure that any seismic or other geologic occurrence will result in severe structural damage or human injury. b. No Impact. The site is located on flat terrain and is in an area of relatively stable soils. C. No Impact. See response VI -b. above. d. No Impact. See response to VI -b. above. e. No Impact. Sewers are available to the site. CHECKLIST Page 18 alf Mitigation Measures: Any mitigation associated with geology and soils will be undertaken in conjunction with existing building code regulations. No mitigation measures are proposed or required. VII. Hazards and Hazardous Materials: a. Less than Significant Impact. The business will require the use of lubricants and other oil -based automobile products. Licensing by the South Coast Air Quality Management District is required to ensure that any such products are properly used and disposed of. Condition(s) will be included requiring the proper storage, handling and disposal of all petroleum products and used oil. The project site has been a service station in the past. The underground fuel tanks were initially inspected in 1986 in conjunction with the Leaking Underground Fuel Storage Tank Program operated by the Orange County Health Care Agency (OCHCA). Subsequently, the old fuel tanks and contaminated soil were removed, new tanks installed, and the site was monitored by the Environmental Health Division of the OCHCA. A "Remedial Action Completion Certification" was issued for the site on April 25, 2001. The Certification and accompanying report are attached as Exhibit "A" to this Initial Study and Checklist. The underground fuel tanks will be removed as part of the proposed project construction under the supervision of the Environmental Health Division. b. No Impact. See response VII -a. above. C. No Impact. The project site is not within one - quarter mile of a school. No Impact. See response VII -a. above. e. No Impact. The project site is not within an airport land use plan or within two miles of an airport. f. No Impact. See response to VII -e. above. g. No Impact. The project will not impair emergency facilities or emergency response plans. h. No Impact. The project is not in an area impacted by potential wildland fires. Mitigation Measures: Mitigation with relation to the contaminated soil was undertaken in 1986, and a Certification issued in 2001. The underground tanks installed in 1986 in conjunction with the service station use will be removed. No mitigation measures are proposed or required. VIII. Hydrology and Water Quality: a. No Impact. CHECKLIST Page 19 A15. The project consists of construction of a new automobile service facility on a site previously occupied by a service station. The business will require a license from the South Coast Air Quality Management District to ensure that any petroleum - related substances are properly transported to and from the site, stored and disposed of. The project will not adversely impact water resources or water quality. The project site is not located within a Flood Hazard area, and there will not be an increase in water runoff over previously existing conditions in that the proposed site plan provides for reduced paved/impervious surface areas. b. No Impact. The project will not increase paved areas, and will not interfere with groundwater recharge. G. No Impact. The project will not alter drainage pattens on site or within the area -- storm runoff will continue to drain to the abutting street. The project will not result in increase stormwater run -off due to the decrease in paved areas. d. No Impact. See response to VIII -c. above. e. No Impact. See response to VIII -c. above. f. No Impact. See response to VIII -a. above. g. No Impact. See response to VIII -c. above. h. No Impact. The project is not located within a 100 -year flood hazard area. i. No Impact. See responses to VIII -c. a(rd VIII -h. above. No Impact. The site is not subject to seiche, tsunami or mudflow hazards due to the location, elevation and flat topography of the site. Mitigation Measures: Mitigation with respect to hydrology and water quality will be accomplished by the requirements by the AQMD and health agencies for storage and disposal of petroleum products used In the business. No mitigtion measures are proposed or required. IX. Land Use and Planning: a. No Impact. The proposed project will not result in any barriers or other physical divisions within the Corona del Mar community. CHECKLIST Page 2 b. Less than Significant Impact The project site is located within a highly disturbed urban area and has been developed with an automobile service station in the past. The site and surrounding area are designated for retail and commercial use by both the General Plan and the Zoning Code. A Use Permit is required for the use, which is a replacement of a previously existing similar use. With the exception of a parking waiver to allow three less parking spaces than required by the Zoning Code, all of the site development standards of the zone district will be complied with. The requested parking waiver will be evaluated in terms of the actual parking demand associated with the specific operational characteristics of the business, and parking waiver will be permitted only if it is demonstrated that the parking proposed is sufficient to accommodate the type of business in a manner as to not adversely impact surrounding land uses. Conditions will be included to ensure that the business operates in a manner to adversely impact surrounding businesses and land uses. C. No Impact. The project site is not located within a habitat area or will it interfere with any habitat or community conservation plan. Mitigation Measures: Mitigation to land use and planning issues is addressed by the analysis and conditions imposed by the Use Permit. No mitigation measures are proposed or required. X. Mineral Resources: a. No Impact. The project site is not located in an area of known mineral resources and will not result in the displacement of people. b. No Impact. See response X -a. above. Ii C. No Impact. See response X -a above. XI. Noise: a. Less than Significant Impact. The project will not involve the use of pneumatic devices. However, the project will result in use of compressors in conjunction with the lubrication of automobiles and pumping of fluid petroleum products. Those compressors will be located within the structure of the building and will not generate excessive noise levels to the exterior. All equipment, including heating/ventilation /air conditioning equipment, will be required to be screened and baffled in a manner to lower noise levels generated by such equipment to a level consistent with the City's Noise Ordinance and regulations. The site is surrounded by commercial uses and a post office building. Residential exists approximately 70 feet to the north of the project site. The public street and existing buildings will also provide noise mitigation. In addition, the hours of operation of the business are proposed to be limited to daytime hours, and the project will be conditioned to prohibit deliveries and other business - related operations from occurring during early morning and late night hours. b. Less than Significant Impact See response XI -a. above. C. No Impact. CHECKLIST Page 21 The project is located on a site previously used as an automobile service station, and is surrounded by existing commercial uses. d. Less than Significant Impact. See response XI -a. above. e. No Impact. The project is not located within an airport land use plan and is not within two miles of a public or private airport. I. No Impact. See response XI -f. above. Mitigtion Measures: Mitigtion to noise related issues will be provided by required screening and baffling of all equipment. No mitigation measures are proposed or required. XII. Population and Housing: a. No Impact. The project site has been operated as an automobile service station in the past and the proposed new use will not substantially change the character of the use, will not induce population, or result in displacement of housing or people. b. No Impact. See response XII -a. above. C. No Impact. See response XII -a. above. XIII. Public Services: a. No Impact. The proposed use will replace an existing automobile service station and will not result in a demand for public services over what the site has required in the past. Mitigation Measures: No mitigation measures are proposed or required. XIV. Recreation: a. No Impact. The proposed use will not result in new demands on recreational facilities. b. No Impact. See response XIV -a. above. CHECKLIST Page 22 qO Mitigation Measures: No mitigation measures are proposed or required. XV. Transportation and Traffic: a. No Impact. The site will generate traffic and parking demand; however, the demand is not expected to be an increase over the generation by the prior service station use. A parking analysis was submitted in conjunction with the application, based on a similar sized facility located near the project site. Base on that analysis, the site will generate, on average, three customers at any given time. Those customers' cars are typically accommodated within the service bays, with additional waiting customer vehichles queued at the bay door. The on -site parking is primarily for employees, which typically require up to three spaces. The traffic analysis indicates that the maximum number of customers experienced at any given time would be five, and ample parking will be available to handle that peak demand as well as employee parking. The site plan evaluation will include an analysis of driveway widths and other design standards to ensure that safe traffic movements onto and from the site can be made, and that the design can accommodate emergency vehicles. No mitigation measures are proposed or required. b. No Impact. See response XV -a. above. C. No Impact. The proposed project will not have an impact on air traffic or air traffic patterns. d. No Impact. The project will not increase hazards as a result of design features. No Impact. The proposed project design has been reviewed by both the Police and Fire Departments with respect to emergency access. There will be no adverse impacts associated with emergency access. Less than Significant Impact. The application includes a request for a parking waiver to allow three less parking spaces than required by the Zoning Code. However, the Use Permit evaluation will include an analysis of the parking waiver request to demonstrate that the specific operational characteristics of the business require less parking and that the parking proposed can accommodate the potential peak parking demand on site. g. No Impact. The project will not interfere with trasportation- related or bicycle facilities. XVI. Utilities & Service Systems: a. No Impact. The project will not increase the demand for water, result in increase in sewage, increase stormwater runoff, or result in an increase in solid wastes over the previously existing service station use. Adequate supplies and services exist to accommodate the proposed use. b. No Impact. See response to XVI -a. above. CHECKLIST Page 23 q C. No Impact. See response to XVI -a. above. d. No Impact. See response to XVI -a. above. e. No Impact. See response to XVI -a. above. No Impact. See response to XVI -a. above. g. Less than Significant Impact. The project, during construction and upon completion, will comply with all statues and regulations relative to solid waste. All petroleum - related products will be stored, used and disposed of under required permitted requirements of the AQMD and health agencies. Mitigation Measures: No mitigation measures are proposed or required. XVIL Mandatory Findings of Significance: a. No Impact. The project will not degrade the quality of the environment. Conditions are included within the Use Permit process and approval requiring mitigation of potential impacts associated with noise from on -site equipment, and the delivery, storage, use and disposal of any substances classified as hazardoub is strictly regulated and monitored by local and state agencies. b. No Impact. The project site is in a commercial area and has been used as an automobile service station in the past. There are no cumulative impacts associated with the project when considered in conjunction with other surrounding projects or future projects. C. No Impact. The project will not result in substantial adverse impacts to human beings. Conditions and design features have been incorporated into the project to maintain noise levels at or below City requirements, and exterior lighting will be required to incorporte shields to prevent glare and light spillage to surrounding properties. CHECKLIST Page 24 t 61 2 EXHIBIT "A" REMEDIAL ACTION COMPLETION CERTIFICATION LEAKING UNDERGROUND FUEL TANK PROGRAM CHECKUST Page 25 l ' or 0 COUNTY OF ORANGE HEALTH CARE AGENCY JUUETM A. POULSON, RN, MN M�ESPU�TON R�4�T`�V� 1Q' SMEN K WONG �trt og�' REGULATORY HEALTH SERVICES ENVIROtNMMEENTAL H(HMTTH ENVIRONMENTAL HEALTH MAJUNG ADDRESS: 2009 EAST EDINGER AVENUE SANTA ANA, CA 927054720 TBERMF (714)867 -2eaa FA%; (714) 9720749 EMAIL• anua+heelMOhce.mo�ergacaus April 25, 2001 Marvin Katz MAY 0 7 2001 Equilon Enterprises -JO NEMWE5tCO)aT P.O. Box 7899 Burbank, CA 91510 -7869 S .kP 135260 Subject: Remedial Action Completion Certification C G C Re: Underground Storage Tank (UST) Case Shell Station 3600 East Coast Hwy., Corona Del Mar, CA 92625 O.C.H.C.A. Case # 86UT30 Dear Mr. Katz: This letter confirms the completion of site investigation and corrective action for the reported unauthorized release from the underground storage tanks located at the above - described location. Thank you for your cooperation throughout this investigation. Your willingness and promptness in responding to our inquiries concerning the former release is greatly appreciated. Based on information in the above - referenced file and with the provision that the information provided to this Agency was accurate and representative of site conditions, this Agency finds that the site investigation and corrective action carried out at your underground storage tanks site is in compliance with the requirements of subdivisions (a) and (b) of Section 25299.37 of the Health and Safety Code and with corrective action regulations adopted pursuant to Section 25299.77 of the Health and Safety Code and that no further action related to the petroleum release(s) at the site is requited, This notice is issued pursuant to subdivision (h) of Section 25299.37 of the Health and Safety Code. Please contact Joyce Krall of our office at (714) 667 -3714 if you have any questions regarding this matter. Sincerely, Steven K. Wong, REHS, MPH, Tit Director Environmental Health Division SKW:dp Attachment: Case Closure Summary cc: Carl Bemhardt, Santa Ana Regional Water Quality Control Board SB 562 Database, State Water Resources Control Board Cleanup Pund Manager, State Water Resources Control Board Larry Honeyboume, Environmental Health Michael Macey, Newport Beach Fire Department Faisal Jurdi, Newport Beach Building Department i q� Case Closure Summary Leaking Underground Fuel Tank Program I. Aaenev Information 9nn, Agency Name: Orange County Health Cam Agency Address: 2009 East Edinger Avenue City /State0p: Santa Ana. CA 92705 Phone: (714) 667 -3700 Responsible staff person: Joyce Krall Title: Hazardous Waste Specialist II. Case Information Site Facility Name: Shell Station Site characterization complete? Yes Date approved by oversight agency: February 21. 2001 Monitoring wells installed? Yes Number: Site Facility Address: 3600 East Coast Hay., Corona Del Mar, CA Highest GW depth BGS: 67.69 ft. bgs Lowest depth: 74.86 ft. bgs RB LUSTIS Case No.: 083000340T Most sensitive current use: This site is located approximately 1.500 ft. of the Pacific Ocean. The beneficial uses of the near shore zone, as defined by the Water gaality Control Plan for Ocean Waters of California; includes industrial service supply; navigation; water contact recreation; water non- contact recreation; commercial and sports fishing; wildlife habitat; rare, threatened or endangered species; spawning, reproduction, and development; shellfish harvesting; marine habitat. Local Case No.: LOP Case No.: SSUT30 URF Filing Date: Nearest(affected SW name: SWEEPS No. Report(s) on file? Yes Responsible Pally Treatment and Disposal of Affected Material Address Phone Number Equiva Services LLC Contact: Marvin Katz Date P.O Box 7869 Burbank. CA 91610.7869 (949) 888 -0903 Tank No Size in Gal. Contents N/A Closed in- Place /Removed? Date. 1 580 Waste oil Removed April 1, 1986 2 3,000 Gasoline Removed April 1, 1986 3 3,000 Gasoline Removed April 1, 1986 4 4,000 Gasoline Removed April 1, 1986 5 16,000 Gasoline Removed April 1. 1986 6 18.000 Gasoline Removed April 1, 1986 III. Release and Site Characterization Information Cause and type of release: Corrosion; a large hole in UST was observed Site characterization complete? Yes Date approved by oversight agency: February 21. 2001 Monitoring wells installed? Yes Number: 3 1 Proper screened interval? Yes Highest GW depth BGS: 67.69 ft. bgs Lowest depth: 74.86 ft. bgs Flow direction: west Most sensitive current use: This site is located approximately 1.500 ft. of the Pacific Ocean. The beneficial uses of the near shore zone, as defined by the Water gaality Control Plan for Ocean Waters of California; includes industrial service supply; navigation; water contact recreation; water non- contact recreation; commercial and sports fishing; wildlife habitat; rare, threatened or endangered species; spawning, reproduction, and development; shellfish harvesting; marine habitat. Are drinking water wells affected? No Aquifer name: Is surface water affected? No Nearest(affected SW name: Off-site beneficial use impacts (addresses/locations): None Report(s) on file? Yes Where is reports) filed? 2009 E. Edinger Ave., Santa Ana, CA Treatment and Disposal of Affected Material Material Amount (include Units) Action (treatment or disposal /destination) Date Soil N/A Groundwater N/A This document and the related CASE CLOSURE LeITER, shall be retained by the lead agency as part of the official site file. Revised: 4114194 Page 1 of 3 �tS Case Closure Summary Leaking Underground Fuel Storage Tank Program Case q: 86UT30 Date: February 21, 2001 111. Release and Site Characterization Information (cont.) Maximum Documented Contaminant Concentrations - - Before and After Cleanup Contaminant Soil m Water m Contaminant Soil m Water m Before After Before Alter Before After Bebre Alter TPH 5,500 5,500 0.5 <0.5 Oxygenates: 1.2 <0.01 <0.005 (gasoline) MTBE Benzene 34 34 0.0053 <0.0005 RIPE <0.002 Toluene 290 290 0.3 <0.0005 TAME <0.002 Ethylbenzene 80 80 0.0099 <0.0005 ETBE <0.002 Ty-lenel 640 640 10.0717 <o,000s TBA c0.05 Comments (Depth of Remediation, etc.): Gasoline contaminated soil was first detected at this site on April 1, 1986 during the removal of the former underground storage tanks (UST). Subsequent assessment of the contamination involved the drilling and sampling of soil borings and the installation and monitoring of groundwater monitoring wells. This site is located approximately 1,500 -ft. inland of the area's bluffs and ocean. Groundwater is present beneath this site at an approximate depth of 70 -ft. bgs. During assessment, all soil borings encountered bedrock conditions. At this site, contaminated soil remains in the area beneath the location of the former USTs. The bulk of contaminated soil has been assessed to be at a depth of 25 -ft bgs and taper to a concentration of 0.06 ppm benzene at 56-ft bgs. Contamination was not again detected by any deeper soil samples from the assessment borings until a capillary fringe soil sample was obtained from soil boring B -12 at 80 -ft. bgs. Analysis of the 80 -ft bgs soil sample detected 0.02 ppm of benzene and 0.03 ppm of xylenes. Three groundwater - monitoring wells have been installed to assess groundwater conditions. Groundwater monitoring well B -12, installed during 1994, had been monitored for six quarters prior to being joined by the other two wells in September 1998. Groundwater conditions were then monitored quarterly by all three wells for the next six quarters. Slight levels of contamination, which are listed in the groundwater "before" table above, were initially detected in groundwater samples obtained from well B -12. however, the groundwater monitoring of all, three wells for the last six quarters has consistently been non - detect for contamination (except for a single detection of 0.36 ppb of toluene). While the groundwater - monitoring program was underway, In June of 1998, dispenser island and piping upgrade activities for the existing USTs at this site were conducted. Additional contamination was detected in the soil beneath the removed dispensers. Four soil borings were.then drilled in the immediate vicinity of the dispenser islands to obtain soil samples and assess the extent of the newly detected contamination. The soil borings extended to depths of 55 -ft. bgs. The contamination was defined and limited to the top 25 ft. of soil. Benzene was detected at a maximum of 2.7 ppm (B-20 at 10 ft. bgs). MTSE was detected at a maximum of 1.2 ppm (B-17 at 20 ft. bgs). The site's final groundwater monitoring event was conducted upon completion of this additional assessment. This site is located along the coastal zone and does not recharge underlying drinking water aquifers. This area is classified as "low risk" as per SARWQCB's revised policy regarding leaking USTs adopted 1- 26-96. Subsurface utility vaults present in the vicinity of the station have been identified and surveyed to evaluate the possible migration and accumulation of fuel vapors from the contaminated soil into these vaults. The maximum vapor concentration detected In the survey of the subsurface vaults was reported to be 1,8 ppmv. This concentration is greatly below that required for combustion and does not pose a potential fire or explosion hazard. The contaminated soil as it remains does not present a significant risk to human health or the environment. No further corrective action is recommended. This document and the related CASE CLOSURE LETTER, shall be retained by the lead agency as part of the official site file. Revised: 4114/94 Page 2 of 3 )� �V IV.Closure V VI. Case Closure Summary Leaking Underground Fuel Storage Tank Program Case #: 86UT30 Date: February 21, 2001 Does completed corrective action protect existing beneficial uses per the Regional Board Basin Plan? Yes Does completed corrective action protect potential beneficial uses per the Regional Board Basin Plan? Yes Does corrective action protect public health for current land use? Yes Site management requirements: Yes, contaminated soil remains onsite Should corrective action be reviewed if land use changes? Yes, contaminated soil remains onsite Monitoring wells decommissioned: Number decommissioned: Number Retained: List enforcement actions rescinded: Date Submitted to RWQCB Representative's Name: Tale: Signature: Date. c c This document and the related CASE CLOSURE LETCER, shall be retained by the lead agency as pan of the official site rile. Revised: 4114194 / ) Page 3 of 3 CO— — B4/2b/2852 13:45 %V3IdI h288 IV.Closurd Dose complatod cortodhra sotlon protect seas g6ensacial ulac f the Re0lona! 9otxd Basin 7 Y Does cmview corfeddw =Von prohot pons tliwtafladd ucea w t w Ian Yes Does comNe actlott pCo hoab for oun" land uae? Yee Site management ro9uirarnants: Yes. caWAzdnat:ed sW tmllgoa asat#a Should em move aauon be re~od H land use changes? Yea, coptataiaatad semaiaa otoatte Monitoeffic wells geocirfww d«rad: Nurnbw dacomtnlaamrted Numhor eWned: List onfomwwat ecdone rWjnG= V. VL REGIONAL WAIEK buAKj Case Closure Summary Leaking underground Fusi Storage Tank NOW= F'Alat Casa#. 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