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HomeMy WebLinkAbout1929 - Approving UP2011-028 1600 Jamboree RoadRESOLUTION NO. 1929 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2011 -028 TO EXPAND A CONVENIENCE STORE AND CREATE A STORAGE AREA INTO VACATED VEHICLE STORAGE BAYS, AND THE INTRODUCTION OF OFF - SITE BEER AND WINE SALES (TYPE 20) AT AN EXISTING SERVICE STATION LOCATED AT 1600 JAMBOREE ROAD (PA2011 -154). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Fred Kim, with respect to property located at 1600 Jamboree Road, and legally described as shown as Parcel 1 in the City of Newport Beach, on a map filed in Book 33, Page 50 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The subject property is developed with a service station that was approved by Use Permit No. UPI 495 in 1970 and includes a convenience store, which was added by an amendment to the Use Permit No. UP1495A in 1992. 3. The applicant proposes to amend the existing conditional use permit, UP1495A, to expand the existing convenience store and create a storage area into the existing vacated vehicle service bays. The request also proposes the addition of a Type 20 (Off Sale Beer & Wine) ABC license. Project implementation would provide additional landscaping. The existing underground storage tanks, service islands, canopies, and hydrogen fueling station will remain. 4. The subject property is located within the Big Canyon Planned Community (PC -8) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on January 23, 2013 in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Planning Commission Resolution No. 1929 Paqe 2 of 10 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The project is a minor alteration of an existing structure and involves a negligible expansion of use for the existing gas station. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding A. -1. The project has been reviewed and conditions of approval are included to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers using the service station. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding B. -1. The subject property has a land use designation of General Commercial (CG) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel /service stations, convenience stores are permitted uses within this land use designation. The proposed expansion of the convenience store and addition of alcohol license is consistent with this designation. B. -2. The subject property is not part of a specific plan area. Tmplt: 04/14/10 Planning Commission Resolution No. 1929 Paae 3 of 10 Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding C. -1. The site is located in the Big Canyon Planned Community (PC -8) Zoning District. The subject site has a PC land use of Commercial Area 15 which is intended solely for a service station and related amenities including the convenience store. The service station development is located at the intersection of two major roads and will continue to provide services for visitors, residents and employees of businesses located within the area. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding D. -1. The subject site is located at the northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road. The site is a triangular shape with street frontage on all sides. The surrounding area contains residential as well as regional commercial and business centers such as Fashion Island shopping mall and the Newport Center business area. The site provides a convenient location for visitors to the Fashion Island shopping mall and Newport Center business area, as well as residents and employees of the neighboring areas to purchase fuel and convenience items. Conditions of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. D. -2. The size of the site (1,15 acres) complies with the standards of the Zoning Code related to minimum land area for service stations and vehicular access to the site is provided via four existing driveways, two adjacent to Jamboree Road and two adjacent to San Joaquin Hills Road. The project is located and designed to provide adequate circulation and parking on -site for the service station and convenience store. D. -3. The hours of operation of the service station and the convenience store, currently 6:00 a.m. to 11:00 p.m., will remain the same. The original use permit limited the hours of operation for the service station and convenience store to these hours and it has not proven detrimental to the neighborhood or City. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Tm p If: 04/14110 Planning Commission Resolution No. 1929 Paqe 4 of 10 Finding nding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding E. -1. The project is located at the intersection of two major roads. The area of the site (1.15 acres) meets the minimum size requirements for service stations required by the Zoning Code, and is large enough to provide adequate access, circulation and on -site parking to permit the renovated convenience store to sell alcohol. E. -2. The subject site is developed with the existing service station operation and there is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. E. -3. The improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding F. -1. The existing service station has been in operation since 1970 pursuant to Use Permit No. 1495, has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring uses. Use Permit No. 1495 A. was approved in 1992 for the addition of the convenience store which also has not proven detrimental to the area and has demonstrated compatibility with the neighborhood. F. -2. Conditions of approval are included in the draft resolution, which will ensure that potential conflicts with the surrounding land uses are minimized . F. -4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any impacts to the surrounding area, which are related to the sale of alcohol from the convenience store. Facts in Support of Finding Tm plt: 04114/10 Planning Commission Resolution No. 1929 Page 5 of 10 G. -1. The overall site plan and architectural design of the project are consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit Application No. UP2011 -028, subject to the conditions set forth in draft resolution, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 23 Id DAY OF JANUARY, 2014. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None ABSTAIN: None ABSENT: None Aw Tmplt: 04/14/10 Planning Commission Resolution No. 1929 Paae 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING I. This resolution supersedes Planning Commission Use Permit Nos. UP1495 and UP1495A, which upon vesting of the rights authorized by this application, shall become null and void upon Use Permit No. UP2011 -028 becoming final and effective for the proposed project. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the approved site plan, floor plan(s), and building elevation(s) stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 4. Hours of operations for the service station and convenience market shall remain 6:00 a.m. to 11:00 p.m., daily. 5. The existing fuel tank vents (EVR) shall be screened and painted to blend in with the landscaping and existing structures on -site. 6. This Use Permit may be modified or revoked by the City Council or the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 8. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 9. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. Tmplt: 04/14/10 Planning Commission Resolution No. 1929 Paae 7 of 10 10. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 11. Use Permit No. UP2011 -028 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 12. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. LIGHTING 13. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with Section 20,30.070 (Outdoor Lighting). Luminaries shall be of a low - level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. SIGNAGE 14. New signs or changes to existing signs shall comply with sign regulations required in Zoning Code Section 20.42.080.K.3 (Service Station Signs), as well as City Standard 110-L to ensure adequate site distance. LANDSCAPING 15. Prior to permit issuance, the plant palette of the new landscaping shall be reviewed and approved by the City Urban Forester and the Planning Division. 16. The project shall comply with Chapter 14.17 (Water Efficient Landscaping) of the Municipal Code, if applicable. The Planning and Building Divisions shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. 17. All landscape materials, landscaped areas, and irrigation systems shall be installed and maintained in accordance with the approved landscape plan and Zoning Code Section 20.48.21 ON. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 18. Prior to the final of building permits, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. I'm plt: 04/14/10 Planning Commission Resolution No. 1929 Page 8 of 10 19. Reclaimed water shall be used whenever available, assuming it is economically feasible. 20. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 21. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. ALCOHOL SALES 22. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 23. All exits shall remain free of obstructions and available for ingress and egress at all times. 24. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 25. No alcoholic beverages shall be sold between the hours of 6:00 a.m. to 11:00 P.M. 26. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 27. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 28. The applicant shall post and maintain a professional quality sign facing the premise's parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be printed in English and Spanish. Tm pl t: 04/14110 Planning Commission Resolution No. 1929 Page 9 of 10 29. No alcoholic beverages shall be . consumed on any property adjacent to the licensed premises under the control of the license. 30. Beer, malt beverages, and wine coolers in containers of 16 ounces or less shall not be sold by single container, but must be sold in manufacturer pre - packaged multi -unit quantities. 31. Wine shall not be sold in bottles or containers smaller than 750 milliliters. 32. No person under the age of 21 shall sell alcoholic beverages. Alcohol beverages shall not be delivered from premises. 33.The owner shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter at all times. VEHICLE USES 34. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 a.m. to 10:00 a.m, and 4:00 p.m. to 6:00 p.m.). BUILDING 35. Building permits and plan review are required for the interior alterations. 36. All work shall comply with accessibility and all requirements of the current California Building Code (CBC) and related codes at the time of plan submittal. 37. Full access compliance is required throughout the project building. See CBC Chapter 11 for specific requirements. CONTRUCTION 38. A list of "good house - keeping" practices shall be conducted to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). ENVIRONMENTAL 39. Prior to the issuance of grading or building permits, the applicant shall submit written documentation from the Orange County Department of Environmental Health, the Certified Unified Program Agency (CUPA) for Orange County, verifying that the project site is in compliance with all applicable Underground Storage Tank (UST) requirements, that the project site has passed any applicable UST site pollution testing and that the Tm plt: 04/14/10 Planning Commission Resolution No. 1929 Page 10 of 10 repair, maintenance and removal of any existing USTs is being performed in accordance with Orange County Department of Environmental Health (CUPA) regulations and policies. 40. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the (Jamboree Shell Gas Station) project including, but not limited to, (Use Permit No. UP2011 -028) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tm pl t: 04/14/10