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HomeMy WebLinkAbout09 - Service Station Regulations Update - Amendment 885CITY OF NEWPORT BEACH 04�E� COMMUNITY AND ECONOMIC DEVELOPMENT Hearing Date: PLANNING DEPARTMENT Agenda Item No.: U. S u"NEWPORT BOULEVARD Staff Person: a NEWPORT BEACH, CA 82658 (949) 644-3% FAX (949) 644-3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Service Station Regulations Update (Amendment 885) April 26, 1999 Patrick J. Alford (949) 644 -3235 SUMMARY: An amendment to Chapter 20.80 (Service Stations), Chapter 20.03 (Definitions), and 20.67 (Signs) of Title 20 of the Municipal Code to update land use and property development regulations for service stations. This amendment includes a provision allowing the co- development of convenience markets with service stations and the adoption of a set of design guidelines. ACTION: Introduce ordinance and set for public hearing on May 10, 1999. Background Regulatory History • In November 1962, the City adopted Amendment 147, requiring use permits for service stations. In March 1972, the City adopted zoning regulations for service stations. In November 1991, the Planning Commission considered Amendment 738, which would add car washing and the sale of convenience items as permitted activities at service stations. The Planning Commission recommended approval of Amendment 738 without the provision for the sale of convenience items, citing concerns about the sale of alcoholic beverages (see discussion on alcoholic beverage sales below). In January 1992, the City Council approved Amendment 738 as recommended by the Planning Commission. The Economic Development Committee (EDC) initiated a review of the City's service station regulations in July 1996. The EDC formed a subcommittee consisting of EDC members and representatives of the Planning Commission to review and revise the service station regulations. On June 25, 1997, the EDC voted to submit the subcommittee's recommendations to the City Council. The City Council initiated Amendment 863 on July 28, 1997. The amendment included provisions that would have allowed the co- development of convenience markets, and eating and drinking establishments. Beginning on August 21, 1997, the Planning Commission held public hearings on Amendment 863. On April 23, 1998, the Planning Commission denied Amendment 863 citing that there was no evidence of public or market demand for such facilities in Newport Beach, concern over the off -sale of alcoholic beverages and the appearance of such facilities. However, the Planning Commission also recognized that the existing service station regulations were antiquated and indicated that a new amendment stripped of co- development provisions should be considered. On June 8, 1998, the City adopted Amendment 869 (Alcoholic Beverage Outlet Ordinance), requiring use permits for all alcoholic beverage outlets. On February 18, 1999, the Planning Commission adopted a resolution of intent for Amendment 885. 0 On March 24, 1999, the EDC was briefed on the Planning Commission's recommendations on Amendment 885. The EDC voted to support the amendment with the revisions recommended by the Planning Commission. The Planning Commission held new hearings on the Amendment 885 on March 18, 1999 and April 8, 1999. The Planning Commission voted unanimously (with one absent) to recommend approval to the City Council. Current Rekrulations The current regulations for service stations have remained essentially unchanged since they were first adopted in 1972. The regulations are highly specific as to the type of permitted activities. Permitted activities are limited to the dispensing of fuel, vehicle maintenance and repair, vehicle washing and detailing, trailer and automobile rental, and tire sales. The only non - automotive activities permitted are the sale of soft drinks, candy, cigarettes, ice and similar items from vending machines. The intent of the current regulations is to clearly define what a service station is, including the products it sells and the services it dispenses. Due to this specificity, a number of common service station activities are technically in violation the Zoning Code. For example, under the current regulations, the only activities allowed outside of a building are the dispensing of gasoline, oil, air and water, lamp adjustment, and the testing or servicing of automobiles which necessitate a running engine. Therefore, a number of minor maintenance activities, such as the replacement of windshield wipers, batteries, and fuses, and the replenishing of windshield wiper, brake, and transmission fluids, are technically not permitted unless they are conducted within a building. Likewise, service stations with car washes conflict with this regulation if they vacuum, dry, or wax vehicles outside of a building. The current regulations are also reflective of the typical service station of the early 1970's. The regulations cannot accommodate, and therefore preclude, the types of service station operations that have developed during the past twenty -seven years, as well as the new types that are under development today. Industry Trends In 1971, Newport Beach had 44 service stations and car washes; today, there are 17. This reflects a nationwide trend. Since the mid- 1970's, the number of full- service stations has declined by more than 50 percent. This is due to an ongoing trend from conventional stations with service bays to large- volume, self - service stations brought on by increasing construction and payroll costs, consumer preferences, and the decreased demand for repair and maintenance services. The industry is also seeing a decline in the overall profitability of gasoline sales. The industry response has been to provide alternate services, most notably convenience markets and car washes. More recently, the industry has begun developing a number of hybrid facilities. One type involves "co- branding," the combining of two or more franchise operations. One example of this is "quick serve" (fast food) Service station Update April 26,19W Page 2 restaurants and service stations (e.g., McDonald's restaurant franchises operating within Chevron service stations). Another approach is the combining of a number of services within a single development. One prototype facility provides six services: a service station, a quick lube, a convenience food market, two "quick serve" restaurants, and a car wash. Analysis The amendment represents the first comprehensive update since the service stations regulations were adopted in the 1972. In addition to the revisions to the land use and property development regulations, the amendment includes revisions to the review process for new stations and for the expansion or renovation of existing service stations. Land Use The amendment would add convenience markets to those land uses currently permitted with a use permit in association with a service station (automobile washing, vehicle /equipment repair, electronic equipment installation, and vehicle rentals). Convenience markets would be required to have a minimum of 1,200 square feet of floor area, excluding areas used for vehicle service and washing. The minimum floor area requirement is intended to encourage "state of the art" facilities and to avoid makeshift conversions. There is also an exception to allow all service stations to have up to 50 square feet of net public floor area to be used for the display and sale of non - automotive merchandise and food and beverages. As stated earlier, under current regulations food and beverage sales are only permitted from vending machines. In practice, however, many of the City's service stations sell snack products and impulse items from coolers, racks, and similar displays. The proposed exception is intended to allow these service stations to continue to sell these items without violating the Zoning Code. Under the proposed revised definition of net public area, customer - serving areas would be included if they are used to store, sell, or display non - automotive products. However, offices, storage and utility areas, and similar areas used by employees would not be included. A survey of the floor area devoted to retail sales is attached (Attachment #1). The graphic below illustrates how the 50 square foot area exemption could apply with two existing service stations: the Unocal station on Superior Avenue and the Shell station on Westcliff Drive. Unocal on Superior W s Shell on Westcliff Service Station Update Aptil26, 1999 Page 3 There is also a prohibition on walk -in refrigeration units. Industry representatives have suggested that walk -in coolers are essential for alcoholic beverage sales to be practical. Prohibiting such equipment should effectively preclude alcoholic beverage sales at service stations utilizing the 50 square foot exemption (see discussion on alcoholic beverage sales below). The Planning Commission also considered allowing the co- development of eating and drinking establishments with service stations. However, the Planning Commission opted not to include this provision, finding that such uses were not essential to the operation of service stations and because they believed that such developments had fallen out of favor with the industry. Outdoor Activities As indicated earlier, a number of common service station activities violate the Zoning Code because they are not conducted within a building. To resolve this conflict, it is proposed that incidental, minor maintenance commonly conducted at service islands be permitted outside of enclosed structures. This includes the dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. It is also proposed that the vacuuming, hand drying and hand waxing of vehicles also be permitted outside of enclosed structures. These activities do have the potential to adversely impact adjacent land uses. However, these impacts can be addressed on a project by project basis through site planning and conditions of approval. Property Development Regulations The amendment establishes a minimum land area requirement based on the type, number, and size of facilities that are proposed. This approach is intended to scale the development to the size of the site, rather than establish a minimum site size. Minimum land areas tend to favor large -scale development. This approach allows new development on smaller sites yet keeps the intensity of development under control. This would be particularly helpful in allowing older service stations to remodel while keeping the scale of development compatible with the character of the surrounding area (an analysis of selected existing service station sites using these criteria is provided as Attachment #2). The amendment establishes new setback requirements. This includes reduced setback for non - repair structures such as air and water dispensers and for structures used for retail sales or offices. The current regulations make no distinction as to these types of structures. Also, minimum landscaping requirements have been revised to increase the quantity and quality of planting materials. Minimum size and height standards are specified for trees and shrubs and all plant materials would have to meet or exceed the plant quality standards of the American Standard for Nursery Stock. Also, landscape maintenance requirements have been added. These include that all landscaped areas must be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming; that all landscaped areas shall be kept free of weeds and debris; and that all irrigation systems shall be kept operable and receive regular maintenance. The sign regulations contained in Section 20.67.030 (D) have been completely revised. Overall, signs would be smaller in area and lower in height. Principal identification of the business would be in the form of a monument sign with a maximum area of twenty (20) square feet and a maximum height of four (4) feet. Fuel price signs, which by state law, must be visible from each street adjacent to the site, are Service Station Upfte April 26.19W Page 4 permitted up to twelve (12) square feet on each street frontage or can be combined with the monument sign. In order to encourage sign consolidation, the area of the monument sign may be increased to thirty- six (36) square feet if it incorporates the required fuel price signs. A graphic is attached to illustrate how the existing and proposed sign regulations would appear on a typical service station site (see Attachment #3). Existing Service Stations The amendment distinguishes between remodels and new construction. The proposed design and development regulations would apply to existing service stations only under the following circumstances: ■ An expansion of 10 percent or more in floor area ■ Any change in the amount of land area. ■ Any renovation costing more than 50 percent of the value of the improvements (excluding land value). ■ The introduction of any accessory uses. It is also recognized that several existing service stations could not meet all of the new design and development regulations. Therefore, there is a provision that grants the Planning Commission the authority to modify or waive any of the property development regulations for the expansion or •renovation of an existing service station. In order to modify or waive a regulation, the Planning Commission would be required to find that the strict compliance is not necessary to achieve the purpose and intent of the service station chapter, that there are compensating design features, and overall consistency with the design guidelines. Alcoholic Beverages The proposed amendment would end a prohibition on all alcoholic beverage sales at service stations that has been in effect since 1972. State law (Section 23790.5 (b I), Business & Professions Code) preempts local governments from prohibiting the off -sale of beer and wine concurrent with the sale of motor vehicle fuel, if the retailing of fuel and the off -sale of beer and wine is permitted on separate Sites. However, since current regulations require that beverages can only be sold via vending machines, this is a de facto ban on all alcoholic beverage sales at service stations, since alcoholic beverages cannot be sold from vending machines. The City's regulations predate the State law; therefore, they remain valid as long as they are not amended. Removing this provision and allowing regular retail and food and beverage sales would open the way for any service station to sell beer and wine for off -site consumption. State law does not prevent a local government from denying permission, or granting conditional permission, to the concurrent sale of beer and wine and motor vehicle fuel through the use permit process. Therefore, the issue as to whether a service station with a convenience market is permitted to sell beer and wine and under what conditions can be addressed on a project by project basis. If sound findings can be •made that the sale of alcoholic beverages would be detrimental to the community, then the Planning Commission would have the authority to place conditions on the sale of alcoholic beverages or prohibit Service Station Update April 26. 1999 Page 5 their sale entirely. However, the findings would have to be supported by substantial evidence for such an action. Of course, the Planning Commission also retains the authority to deny permission for the convenience market (or other accessory use) or for the entire project if it is found to be detrimental to the • public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood. Design Guidelines A set of design guidelines for service stations is proposed to advise applicants in the early stages of their projects. The guidelines do not impose an architectural style. However, they set forth a set of design approaches to address community issues. The intent is to use the guidelines to determine the project's consistency with City policies, particularly those relating to visual quality, community character, and the protection of adjacent development and land uses. The guidelines are structured so that they can be expanded as needed to address other issues. Sections can be added to address other specific development types (e.g., fast food restaurants) or design features (e.g., parking areas, landscaping, signs, etc.) or specific areas (e.g., the Coastal Zone, mixed use districts, etc.). The proposed guidelines are provided in Attachment #4. Planning Commission Action Discussion at the Planning Commission focused on issues relating to alcoholic beverage sales and on architectural and site design. The consensus of the Planning Commission was that the land use revisions were necessary if service stations are to remain economically viable. However, the revisions to the property development regulations and the adoption of design guidelines were also necessary in order to • insure that the City has quality and innovative designs. To this end, the Planning Commission directed revisions that increased standards for architectural design, landscaping, and signage. With these revisions, the Planning Commission voted unanimously (with one absent) to recommend approval to the City Council. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICK J. ALFORD Senior Planner 1. Newport Beach Service Stations and Car Washes. 2. Analysis of Minimum Site Areas. 3. Existing and Proposed Service Station Signs. 4. Draft Chapter 20.80 and related revisions. 5. Draft Design Guidelines. 6. February 18,1999 Planning Commission minutes. 7. March 18, 1999 Planning Commission minutes. 8. Draft April 8, 1999 Planning Commission minutes. 9. Draft ordinance. 10. Draft resolution adopting Design Guidelines. Service Station Update Apti126, 1999 Page 6 • N N L N m L �CmU i o c 0 a1 Z� 0 U 0 U 7 E L U Q o�7C!C! o ass C! °0000000 0000 00 00 LL O O O O O O O O O O O O O O O O NO �f1 O If1 O O If1 O If1 O If1 O O O If1 O If1 O N ay O V CO O O O N O O n O V V V N N M CO N N O M V O M V M N O co fM V n N O N N N O n M O N N V m V 0 N M M N V V LO N N V J LL M U LL U M LL N d d CC CC CC CC CC CC CQ d CQ CCC(L m m U 'U C ca ca O = ca C LL c LL la la la a1 la a1 la a1 m a1 a1 C l0 a1 la C IS E3 E3 E5 E5 E5 E5 N N N N N N N N N N N N N N N N N N o E E E E E E E E E E E E(OD E E E c o E E E E E E E E E E E E o E E E ca O O O O O O O O O O O o O O O a d U U U U U U U U U U U U d U U U la 0 > 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U 0 U> 0 0 U 0 U 0 U D m 2zzzzzzzzz2m2EE c N fn o fn 0 w 0 fnw 0 0 wfn 0 0 fn 0 fn 0 fn 0 fn 0 fn M 0 fn 0 fn 0 fn V OQ :S wwwwww a �� a v >Cc°> E E Z Q S S S S S Q 0 0 0 0.- ° (D L L c N iA N N iA N 0 a a M � o «O y m m m m ca c E E E E 3 3 c c ° c 0 0 0 0 0� 0 o m m I m mmmmUUUUco) Z to fn to at noo <000000 000in d co n o N V N N � o M o N v 10 o V 0 O o O. u� o O o V �n o 10 rn O m V d M V � N N N M M � � M N N E O U x U x at U of N N of p 0 C a1 OS c O = a1 N to > 0 N m N 0 V r2 L L lUa x _ CO U o m o m m m U U I� «° o m 0 m a yc U cv O` m`__ r2 m� C Q o m c m> 2 D o to c a1 L y c 0 3 E E m m `m c S x U H m> L to U c c 0 .°C o 0 o y o U m= o c- m E a> a y 3 H °x m v o Z to am mUU21° L L o -ULU 3S Zii wmSml 7 E L U Q ANALYSIS OF MINIMUM SITE AREAS Exxon on Newport Blvd. (7,000 sf - smallest in the City) • 8 fueling spaces X 1,500 = 12,000 sf MINIMUM LAND AREA REQUIRED 12,000 sf Fashion Island Texaco (47,916 sf - largest in the City) 16 fueling spaces X 1,500 = 24,000 sf 4 service bays X 1,000 — 4,000s MINIMUM LAND AREA REQUIRED 28,000 sf Chevron on Bison (23,207 sf) 12 fueling spaces X 1,500 = 18,000 sf MINIMUM LAND AREA REQUIRED 18,000 sf Mobil in CDM (10,261 sf) 14 fueling spaces X 1,500 = 21,000 sf MINIMUM LAND AREA REQUIRED 21,000 sf • Unocal on Superior (43,005 sf) 12 fueling spaces X 1,500 = 18,000 sf 1 washing bay X 1,000 1,000s MINIMUM LAND AREA REQUIRED 19,000 sf Attachment #2 • Wall Signs 10 sq. ft. each Promotional Sign 12 sq. ft. • 4 Existing and Proposed Service Station Signs Pole Sign 36 sq. ft. 25 ft. high ■ N Fuel Price Signs (shown at 12 sq. it., 4 ft. high) Monument/Fuel Price Sign Qr �, f+ M 4 sq. ft. each Attachment #3 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 maintenance, 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. Draft 0417899 0 to Page 20.80 -2 Service Stations E. Establish requirements to insure that areas and facilities provided for or visible to the isgeneral public are maintained in a safe and clean manner. 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. . Draft 0417899 Page 20.80 -3 Service Stations 20.80.040 Application Contents In addition to the application requirements contained in Chapter 20.90: Application Filing and Fees, i 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. 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. Dmft 04 /0899 . /a Page 20.8013 service stations 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 Display Outdoor storage and display of merchandise, materials, or equipment shall be limited to the following: 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 of 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- . Draft 0417899 I z Page 20.80 -5 Service Stations to -eat and prepackaged food and beverages. Walk -in refrigeration units shall be prohibited. Is 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. Sigh. Signs shall be subject to the provisions of Section 20.67.030 (D). 20.80.060 Design and Development Regulations A. Applicability. 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. 0 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. D. Setbacks. The following setbacks shall be maintained: ly Required Setback (Feet) Abutting Abutting Structure Interior a Street an Alley Service islands 20 20 20 Canopies 5 5 5 Air and water dispensers 10 10 10 Automobile washing, maintenance and repair 18 30 30 Retail and office 0 15 10 Draft 0417899 ly Page 20.80 -6 Service Stations E. Access. • 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. 3. On -site driveways all should be a minimum of 25 feet for two -way traffic or 18 feet for one -way circulation. 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. I. 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 comer. Landscape materials shall not exceed a height of 36 inches. Draft 0417899 15 Page 20.80-, Service Stations 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. Quantity 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 growth height of 18 inches and shall be a minimum of 5- gallon in size upon installation. Quality 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. 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. Draft 0417&99 • /(Q Page 20.80 -8 Service Stations 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 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 to the general public. Rest rooms shall be accessible during all hours the interior of the • cashier station, sales area, or office is open to the public for payment. 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 Requirements. It shall be required as a condition of a use permit 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. Dmft 0417899 11 Page 20.80 -9 Service Stations 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. 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 and 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. 4. Security. The Planning Commission may require the applicant to provide a security program for the site. Draft 041O899 • F,J • 5. Alcoholic Beverage Sales. See Chapter 20.89 (Alcoholic Beverage Outlets). is Draft 04178199 Page 20.80 -10 Service Stations 19 Related Revisions to the Zoning Code Section 20.03.030 (Definitions) • Add new definitions: Area, Net Public: The total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. Cali er: The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4 inches shall be measured 6 inches above the soil line, and all trees over 4 inches in diameter will be measured 54 inches above the soil line. Prepackaged Food: Any processed food prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer. Ready -To -Eat Food: Food that is in a form that is edible without additional washing, cooking, or preparation by the food facility or the consumer and that is reasonably expected to be consumed in that form. Service Station Fueling Space: pace: A temporary parking space immediately adjacent to a fuel dispensing unit. • Tree: A plant having at least one well- defined stem or trunk and normally attaining a mature height of at least 15 feet, with an average mature spread of 15 feet, and having a trunk that shall be kept clear of leaves and branches at least 6 feet above grade at maturity. Tree, Fifteen Gallon: A 15- gallon container tree shall be no less than 1 -inch caliper and at least 6 feet in height above grade at the time of planting. Tree. Twenty- Four -Inch Box: A 24 -inch box tree shall be no less than 1.75 -inch caliper and at least 7 feet in height above grade at the time of planting. Section 20.67.02Q Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station. Logo. A sign consisting of a trademark or symbol used to identify a business. Monument Sign. A sign which is supported by a base not exceeding 25 percent of the sign area and which extends the entire length of the sign area and is an integral part of the design. Draft 0410&99 • ENS Section 20.67.010 is 20.67.010 Effect of Chapter A. , General. The following regulations shall apply to all zoning districts, exeept the Piano apply. In addition to the regulations of this chapter, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties and a method of enforcement shall apply. Where a use permit, variance, modification permit, or site plan review procedure has been used, any applicable conditions of that approval shall supersede this chapter. B. A�plicability to PC Districts.;., In. Planned Community Districts, any sign regulations contained in the planned' community development plan shall_ supersede this chapterl Exception. Service station signs in Planned Community Districts shall be subject to. the provisions of Section 20.67.030 (D), unless more restrictive sign regulations are contained in the planned community development plan: Section 20.67.030 (Dl D. A4temebile- Service Stations in ARv Distriet (fixed.' °r` The following additional regulations shall apply to service stations signs: 1. General, a. Signs shall be located so as not to impede vehicular srght.distance to the satisfaction of the Traffic Engineer; -- -.. -_:.. -- - -- - - b. Instructional an d warming signs and signs required by the state of federal government'shall be exempt from the provisions of this echon _ -- -- __.., t, 2. Monument Siirisj a.tumber leper site" b. Area Not to exceed 20 square feeq_16 square feet when combin iih a ftiel R- rice sign { C. ei6t Not to exceed 4 feet: • Dmft 0410&99 a1 d. Additional Regulations. Monument signs shall ,be completely l6d.0 in a landscaped planter with a minimum area e ou al to the area of sign:, 3. Fuel Price Signs. a. Number. I per street'froniage. b. Area. 12 square . feet per . _sign; I : C. 86gil Not to exceed '4' -feet.. d. '1dditko ral* Regu]jd� nd' ----- ------ _ , - (1) Separatefudl pn ce signs shall only, bepe ted i.q. 11ep of the 36-square fo6t'c6rnbine& monument si fuel 'price si permitted in this section., (2) Fuel price sighs shall advertise th.e,price. and grade of fuel only and no other advertising *.-shall; be -':i5 rbiittp.d. unless , 1,q conjunction* with a monument in this: section. (3) Fuel price signs*shall be completely located in-a landscaped plan_ ter with a nutumum area*d - qu 'al a *1 to I � the 1*1 . r . ea o6' the 'sign 4. Wall Signs. a. Number. _jxF__ _14mg., frontage• b. Area. The area of a.wall sign shall not exceed. I square footfor ea cli lineal foot of building frontage] C. maybe .. ijo 5o percent 7on& building ,Aot to exceed 30 feet; Canopy Signs; a. hiL§ign stAt to �, on service logos " [a C. 11 Draft 04108199 -?R 0 0 6. service sign, -.--n-o-t-e-x-c-ee'di-ng4-'squa-re' feet-, shall b-e­per'mi-tted on or in front of each end of a service island to identify methods of sale (i.e:, self-serve or full-serVe),, Window Signs a. Numbet. 1, - , per window,,, b. Area. No permanent window sign shall cover more than 20 percent of th-e-visible window area. C. M-ate,r,i,als,.-P,e,ri-n-a-,nen,t,w-i-n-d-o,-w,s-ig,n-,---- directly - ------- I _§,shallbe applied to tW window surface. 8. f emor - -�-��—ns� -e ­ ' - - a. Number. 1 itno p?ray,wi.nqow signs. b. size. : No temporary: -sign" .'shall exceed '-60—'s'q"ua're feet in area. Temporary signs of rigid material shall not exceed 24 square feet in, area; or 6 feet in height. Temporary window, signs shall not cover more than 20 percent of the visible window area: d. Duration." Temporary signs. may remain in place for a period not exceeding 30 days. ..... . . .... Draft 0410899 R3 . .......... . . ...... rr.w"M M.MnMl . . ..... . . ....... . . . ............ W.", M 0411 Draft 0410899 R3 1 sigp identifying the operatef: of the pfe."ses and addresq of the building, to be loo-ated E)p the building and ..eta ed: a total of 6 square feet. All signs adveoising pf:eEluets fer sa4e, trading stamps, Czech ca-rds A-Pd. the inspeotion of pollution eantrol devioes, lafaps and Wakes, as allthagised by the State, shall be s juste Fed- into not more 3 sign goupings laeated an the buildipg faee eA-d a total a slwill not exeeed 12 square feet in afea, exelusive of the additional spaee �equi-ed EeF signs advel4ising state serviees. The sign baelEground J;;dl he of matpFinls jtj haffflany with tfieSA «t:l;wEl ifl the Wlditlg. f. 1 tin f- e 12 s=ign - a pe-F-anent am Pat exeeeding aR area of square for eaell; side, to priee. for promotional purposes, but eiieludifig any �e�.-eaee 0 Draft 04108199 0 07 ...... 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Mr. Alford noted the following: • Ordinance is the same as last year's minus the provision that would have allowed eating and drinking establishments; and convenience markets. • We have included the updated land use regulations, landscape setbacks and procedures. • This is reflective of the directions given by the Planning Commission. • The limit of retail area to fifty (50) square feet would make the sale of alcoholic beverage sales impractical. At further discussion it was noted: • Other option is to maintain the current restrictions, which limits those types of sales to vending machines. • Issue of proportionality does not come into play given the small areas involved. • By right, if a service station that included retail is removed from a lot, a . new convenience store can be placed on that lot. If they were to sell alcohol, they would be subject to the Alcohol Beverage Ordinance requirements. • Under the 50 square foot restriction, the proposed ordinance is written to include the cooler and storage areas. Public Comment was opened. Mr. Mansoor Vakili, station operator of a Mobil station at Pacific Coast Highway and Bayside as well as at San Miguel and San Joaquin, spoke in support of amending Chapter 20.80 Accessory Uses to allow convenience markets as an accessory use. (He then presented copies to the Commission of the zone code draft of 03/23/1998 highlighting Al, C 1 thru 61). At Commission inquiry, Planning Director Patricia Temple noted that the process tonight is an initiation of consideration. This is not the actual public hearing that would lead to approval or denial. Commission could direct staff to include any additional provisions in the initiated ordinance at this time. Mr. Vakili noted the following: • People expect to buy gas and convenience items. • The gas industry has changed. • City has an old ordinance that needs to be changed. • The gas station at Bayside is 2.5 million dollars of investment. • The original design 30 years ago was less than 100,000 gallons with a • 5 City of Newport Beach Planning Commission Minutes • ,February 18, 1999 INDEX mechanic shop. The mechanical work was done by 1 - 3 mechanics. Equipment needed was approximately $30.000 installed in the shop. • Cars today can go up to 100.000 miles before a tune up is needed. • Cars today are very sophisticated and the regular mechanic can not do the job. • In order to hire two mechanics and pay them $50.000 each. would be $100.000 per year. The equipment would cost an additional $150.000. • One bay per year brings in about $15.000 per year. • The location of the building and the bays is designed for only 50.000 to 60.000 gallons. • A convenience store creates a relationship between the gas station and the market. The customers will come in to buy items as well as buy gas. • There are only three cities in Orange County that do not allow convenience stores at gas station sites. • Oil companies are not willing to spend money on stations that are not viable. • The city would realize taxes from $50.000 to $60.000 gross volume from a convenience store of 1.800 to 2.000 square feet as well as the additional tax revenue from the gas sales. • Car wash does not have any revenue for a city. Concluding. Mr. Vakili presented an artist rendering of a proposed convenience market to be located on his site if the City allows convenience markets as an accessory use with gas stations. . Robert Lintz a Chevron dealer. 30072 Crown Valley Parkway. Laguna Niguel spoke in support of the previous speaker. As an owner of three Chevron stations. one in Corona del Mar at Coast Highway and MacArthur. he noted his thirty -seven years of experience in the business. He stated that he was able to do the repair work and make a profit at it that would bring the cost of selling gas down to make a profit. This is not true anymore for the reasons stated by previous speaker. 90% of the service stations that have repair facilities are not making money on the service. which is why you see no service bays or service stations for the last 15 years. They all have convenience stores or car washes which are the drive in. roll over type that do not require the manpower that the full service ones do. The Chevron Company has told him that since Newport Beach will not allow his station to convert the bays to a convenience store. the company would consider selling it. The profit required by one of these stations can not be achieved in the auto repair business and it can not be done on gasoline alone. Concluding. he noted the following benefits to the city if the service stations with bays were allowed to be replaced by service stations with convenience markets: • Site cleaner - unsightliness is removed • Better revenues for the city 6 . 36 City of Newport Beach (• Planning Commission Minutes February 18, 1999 At Commission inquiry, he noted the size of his Dana Point store is 2200 square feet and the Lakewood store is 4,400 square feet. Rick Yost, 22846 Pacific Coast Highway. Malibu - a property development specialist for Chevron spoke in support of a change in the ordinance. The vision Chevron has is to get out of the service bay business within the next three years. The research done by Chevron is that their customers are asking for the convenience store as they like the one stop shopping. At Commission inquiry, Mr. Yost noted the following: • The relation of fueling islands to store size. • Stores that are being built now with 12 fueling positions are roughly 1800 square feet to 2800 square feet, proportioned to the size of the lot. • Chevron has consultants who research areas and estimates store sales. • Chevron does not like to offer goods from a vending machine due to the limitations; the stores offer a wider array of goods to appeal to customers. • For the smaller lot sizes that would possibly have a convenience store replacing two bays, the proposal would be to convert the building, or tear it down to gain more efficiencies. • Main concern would be the circulation of customers and access onto the properties. • Many of the stations were built years ago with the facility out in the middle . for convenience. Now the facility would be built towards the back of the property. • Stations that sell gasoline only can earn a better price due to volume. Mr. Cyril Ramvhani, Territorial Manager of Chevron noted that Chevron owns and operates one station in the City of Newport Beach. The other station is a dealer owned and operated. Commissioner Gifford noted that the Planning Commission understands that every business in industry goes through changes and as yours changes, you need to find other means of revenue other than service. What we are struggling with is the business of alcohol and which choices are the best, convenience stores or should we allow the full range of options, eating establishments, car washes and so on. If we are talking about convenience stores, what size is appropriate? These are the types of information we hope to get from you based on your experience with convenience stores and where alcoholic beverages are sold. What are the percentages of volumes, how many of them and how many sell? Messrs. Ramvhani and Yost said they did not have that information but would be willing to supply it at a later time. At commission inquiry, he noted that at the facility in Corona del Mar, the building would be torn down if they were going to convert the bays as well as all the other three stations in Newport Beach. The timing on this would be by the year 2002. INDEX 91 City of Newport Beach Planning Commission Minutes February 18, 1999 INDEX Mr. Lintz noted that the one store he has that sells alcohol represents 20% of his convenient store sales. The newly constructed stations are modern, well lighted facilities and well staffed. These factors deter crime. The additional Use Permits, voluntary conditions may be included to prevent single bottles, small containers and pay phones are call out only, parking lots well lighted and the employees are given training on how to sell alcohol and tobacco responsibly. He clarified that Chevron owns all of the their stations in Newport Beach. Some of the operators lease the stations and Chevron makes the decision on conversions. Nick Noeousc, Silver Crescent in Irvine as partner with Mr. Mansoor Vakili spoke in support of this issue for similar reasons stated above. Mr. Jim Kowlmaral with KHR Associates 2355 Main Street, Irvine spoke as a consultant to the oil industry noted his support for similar reasons stated above. Additionally, he suggested the following: Types and number of uses within the service station facilities should be proportionate to the amount of land available for these activities. • Selling gas is profitable when sold in volume - in some areas; Walgreen and Price Club are selling gas. • Allow flexibility with a product mix. 50 square foot limit is a very small space and will not work in the practical world. Discussion followed regarding guidelines, quality, choices, land size, number of dispenser, volumes, profits, tank storage areas building mass, limits, etc. Public comment was closed. Chairperson Selich confirmed with staff that if the Planning Commission decided to reopen consideration of the convenience store concept, a resolution of intent could be comprised in such a manner that there could be two alternative ordinances for consideration at the public hearings. Commissioner Kranzley noted that there are compelling reasons to look at this. If the service station itself does not make it, it can be scraped and a convenience store could remain. The Planning Commission would never be given the opportunity to look at that as a continued use. Chairperson Selich agreed with this and asked that there would 'be two ordinances for discussion. Ms. Temple stated that staff can finalize the resolution for signature at the next meeting. The wording would include that the initiation could consider alternatives with and without convenience stores. • 38 City of Newport Beach Planning Commission Minutes • February 18, 1999 Motion was made by Commissioner Gifford to adopt a resolution of intent to amend Chapter 20.80 of the Zoning Code. There will be two ordinances for consideration, one to include the convenience market with a specified size and one without the convenience market concept. Ayes: Fuller, Ashley, Selich, Gifford, Noes: None Absent: None Abstain: Kranzley SUBJECT: General Plan Amendment 99 -1 Request to initiate amendments to the Newport Beach General Plan, as follows: A. 341 La Jolla Drive: A proposal to change the land use designation from Single Family Residential to Two - Family Residential. B. 3000 through 3012 Lafayette and 514 through 520 31" Street (Cannery Restaurant and narkina lot): A proposal to change the land use • designation from Retail and Service Commercial to Single Family Residential for 11 lots. C. 260 Newport Center Drive: A proposal to increase the development limit to accommodate a 323 square foot addition to an existing office building. D. Biq Canvon Area 1 (Sea Island Communitv Association): A proposal to increase the dwelling unit limit to allow the construction of three residential units on an existing tennis court. E. 3443 Pacific View Drive (Harbor Day School): A proposal to increase the development limit to allow the addition of a gymnasium to an existing school facility. F. 1009 Bayside Drive (Shark Island Yacht Club): A proposal to change the land use designation from Recreational and Environmental Open Space to Administrative, Professional and Financial Commercial to allow construction of an office building. G. Newport Center: A proposal to increase the development limitation for several areas of Newport Center as follows: ➢ Fashion Island: Increase the permitted development by 100,000 square feet. W Item 5 M* 1 99 City of Newport Beach Planning Commission Minutes March 18, 1999 Public comment was opened and closed. Motion was made by Commissioner Kranzley to adopt Resolution No. 1496 recommending approval of Amendment884 to the City Council. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None SUBJECT: Service Station Regulations Update Amendment 885 An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Municipal Code to update land use and property development regulations for service stations. Two drafts of the amendment to Chapter 20.80 are presented; one with provisions for the co- development of convenience markets and eating and drinking establishments with service stations and one without co- development provisions. Senior Planner Alford presenting the staff report noted the following: • First comprehensive revision to the City's service station regulations since they were first adopted in 1972. • This revision is the work of an Economic Development Committee consisting of EDC members and representatives of the Planning Commission. • Intended to correct land use regulations and property development regulations that are reflective of service stations in the early 1970's • Intended to correct regulations that prohibit common service stations such as minor maintenance and the selling of non - automotive merchandise. • Draft A contains updated land use and property development regulations, including provisions for the co- development of convenience markets and eating and drinking establishments. a. Convenience markets and eating and drinking establishments would be permitted with a use permit. b. Convenience markets would be required to have a minimum of 1,200 square feet of floor area • Draft B contains the some updated regulations, but without the co- development provisions. • Both Drafts allow: a. Service stations to have up to 50 square feet of floor area to be INDEX • Item No. 6 A 885 Continued to 4(8!1999 • E .0 City of Newport Beach Planning Commission Minutes March 18, 1999 used for the storage, display and sale of non - automotive merchandise and food and beverages. b. Incidental, minor maintenance commonly conducted at service islands. (i.e., dispensing of air and water, replacement of windshield wipers, fuses and lamps, replenishing motor vehicle fluids and lubricants and vacuuming, hand drying and hand waxing of vehicles) c. Establish minimum land area requirement based on the type, number and size of facilities which allows new development on smaller sites, yet keeps the intensity of development under control • Both Drafts distinguish between remodels and new construction. The proposed design and development regulations would apply to existing service stations only under certain circumstances. • There is a provision that grants authority to the Planning Commission to modify or waive any of the property development regulations for the expansion or renovation of an existing service station upon finding that the strict compliance with the standards is not necessary to achieve the purpose and intent of the chapter. • Both Drafts would end a prohibition on all alcoholic beverage sales at service stations that has been in effect since 1972. However, the Alcohol Beverage Ordinance and use permit process can address alcohol- related uses on a project by project basis. • Staff has drafted a set of design guidelines for service stations to advise applicants in the early planning stage of their projects. Service stations would be required to be consistent with the provisions contained in the design guidelines. At Commission inquiry Mr. Alford noted: • Vehicle /Equipment Repair is permitted as an accessory use subject to the approval of a use permit. • The basic intent of the alcohol beverage sales was for beer to be sold in minimum six -pack containers or in larger single containers of 64 ounces or more. Wine would be sold in minimum four -pack containers or in single containers of 25 ounces or more. Ms. Temple noted that there will be challenges in the enforcement, however, conditions would be placed on the use permit of the service station as well as on the Alcoholic Beverage Sales License. Based on the specifics of the business, conditions of this nature could either be omitted or changed to be more suitable for the business. Public comment was opened. Mansoor Vakili, 19021 Glenwood Avenue, Irvine owner of Mobile Station at Pacific Coast Highway and Bayside spoke in support of Draft A. He cited the following reasons: 26 INDEX L'JE City of Newport Beach Planning Commission Minutes • March 18, 1999 INDEX • A public hearing is held before a business could obtain an ABC License. • Appearance of the station could be updated with additional landscaping. • Service stations need to be modernized to be more profitable. Bob Lintz. 2546 East Coast Highway. a Chevron Station operator stated his concerns: • Getting increasingly harder to earn profits from auto repairs due to cost of equipment and technicians and less work being done on automobiles. • Size of the lots and facilities are small. • Average station in California sells 150.000 gallons of gas a month. The average dealer makes 11% a gallon which would be $16.500 a month in gross profit. • Average operating expense for a gasoline facility with a food mart is about $30- 32.000 a month. • The Exxon station across from City Hall has an advantage in that they are dealing through a distributor who sells gas 10 to 140 a gallon less than a Mobile. Texaco or Chevron dealer is. This allows a bigger profit. • We need to have the marts to allow profits. Rick Yost. 22846 Pacific Coast Highway. Malibu representing Chevron stated his support of Draft A to the amendment. Chevron's vision is to convert service bays as that it what the customers and will improve the facilities. Cyril Randani - clarified the three trade classes of service stations: 1. Dealer operated service station - company owned or leased facility with a building and is being operated by a dealer. 2. Dealer owned - dealer owns the land. building and is supplied gasoline. 3. Company operated station - company owned facility with the building and staffed by company personnel. Yad Mousaf. representing Chevron spoke about his four new sites. in Fountain Valley and Costa Mesa. They were all service bays converted to full size food marts. The new image and look is well received by the community. The gas volume has tripled. The company has training for the employees on customer service, safety and compliance policies. Nick Nadirs. 36 Silver Crescent. Irvine spoke in favor of Draft A. He noted the exception to all service stations to have up to 50 square feet of floor area to be used for display. It is too small and asked for it to be changed to 150 square feet. Richard Luehers. President of Chamber of Commerce as a proponent of this proposal stated that a year ago there was no testimony from the industry as to the benefits for the City, After extensive conversations with the oil industry we ask that you support Draft A. At Commission inquiry. he noted that the co- 27 ya City of Newport Beach Planning Commission Minutes March 18, 1999 bronding is not os populor os it once conversion to o mini mort rother thon o enough Post food estoblishments in town. Public commentwos closed. INDEX wos. We would like to look of o co- bronded operotion. There ore Choirperson Selich suggested thot the Plonning Commission should first discuss the merits of including convenience morkets and eoting and drinking estoblishments in the service stotion regulotions, and Coke o strow vote on which Droft is preferred (A or B). Once thot policy is determined, then the Commission con get into the detoils of the preferred ordinonce and Coke oction os is oppropriote. Choirperson Selich commented thot he hos been working on this issue for o yeor and o holf. He generolly supports convenience stores and co- bronding if it is o legitimote business concept. However, there will not be sovings in the price of gos for doing these things. The purpose for doing this is to goin odditionol profit and cosh flows. He opposes ollowing convenience morkets and the co- bronding concept in the Service Stotion Ordinonce for the following reosons bosed on his personol business experience: • Do not bring onything to the community - city residents do not need these focilities. • They will primorily service visitors to the city, not the citizens. • Economic benefit will be only whot the visitors spend of these focilities and it will not be os greot os represented by the industry. • We should be ottrocting focilities thot would be higher end types of uses thot provide the economic revenue to the city and not these types of focilities. • The city is not under served by gos stotions. The reduction within the city is in line with the overoll percentoge notionwide. • The locotions of these focilities would not poss the scrutiny of o Use Permit heoring before the Plonning Commission or the City Council with the exception moybe of the one on Bristol Street and Irvine Avenue. The rest of the focilities ore too close to residentiol oreos. • We would be sending the wrong messoge to the oil industry if we opproved this os we ore setting them up for foilure of the Use Permit Heoring. Concluding, he noted his opposition to the convenience morket concept, however, if it is odded in he stoted he would work to moke it os most successful os possible. Commissioner Kronzley, os the other member of this committee, stoted thot the service stotion could be scropped and o convenience morket could be built by right on thot site. He fovors Droft A but is not in fovor of co- bronding. There should be o rigorous process to get ony of these through os there will be 28 y3 City of Newport Beach Planning Commission Minutes March 18, 1999 public outcry in certain areas to have stations. INDEX stores tied to service Commissioner Ashley stated his support for Draft A. Co- branding is unessential and that mini marts and convenience stores can accommodate the need of visitors who would like to have the convenience of a one -stop shop. 50 square feet of cooler area is too small for anyone who is willing to sell beverage that would meaningful. Staff has indicated that 125 to 150 square feet seems to be more common. If is an existing service station does not want to add a convenience but to have some goods, they should have up to 150 square feet maximum of cooler space. Commissioner Tucker, agreeing with some of the comments of both Commissioners Kranzley and Selich added that he would not be supportive of any mini marts at any location that are not on any major arterial. Commissioner Gifford stated that convenience markets are not an entitlement of service stations at the present time. She stated she is not in favor of eating and drinking establishments or of co- branding at this time. There is economic risk in any business. Concluding, she stated her support for Draft A with the exception of eating and drinking establishments. Commissioner Hoglund stated his support of Ms. Gifford's comments noting that to do otherwise would be to interfere with the market. Chairperson Selich then stated that the consensus of the Commission is no co- branding and Draft A is the ordinance that will be reviewed. He then asked the Commission for their comments on the ordinance itself. Commissioner Ashley supported the staff report and noted his agreement with what has been written. There are a lot of neighborhood shopping centers where it would be inappropriate to have a convenience store as part of a station. Uses of this type would be difficult to procure due to the traffic and proximity of residences. Chairperson Selich noted the following suggestions for the ordinance: • Use as an opportunity to get the highest quality design - place wording in Purpose Section. That is complimentary and compatible with the surrounding community and adjacent land uses' • Stronger sign standards to gain control on the design. Staff needs to devise regulations that apply to service stations. • Landscaping - we have no standards in the city. This ordinance allows for us to get more quantitative in our requirements. Section I, No. 3 where it talks about the landscaping next to the adjacent residential property, do something in the way of more quantitative verbiage. Additional language could be: 29 1 0 qy City of Newport Beach ;. Planning Commission Minutes .March 18, 1999 'A 15 gallon container tree shall be no less than one inch caliper, at least 6 feet in height above grade at the time of planting. A 24 inch container tree shall be no less than 1.75 inch caliper and at least 7 feet in height above grade at time of planting: Additional language relating to landscaping the overall site also needs to be included to ensure that sizable plant material is included. Staff needs to come up with a design criterion that would include height and caliper of planting. Continuing, he asked staff what is here that is tying the Commission into design lines that says in fact that the Planning Commission is reviewing these projects, thru the Use Permit process, to the design guidelines. Ms. Temple noted that the reference to the design guidelines is Section H in 20.80 -6. That section says that the, "Site plan and architecture design ... shall be consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing" which is the attached design guidelines. This particular section of the proposed code is design and development regulations. It states that the following design regulations shall apply to any existing or new station that would require a use permit. Should the Commission wish to place a greater emphasis on this as a compliance issue,. staff could re -craft some of the introductory statements of this chapter to actually require that formal findings of fact be made on each use permit in regards to compliance not only with the design guidelines but in reference to all of the other development regulations contained in this particular section. Should we do this, we would probably do some work on the section regarding modification of waiver of regulations to actually clearly set forth what parameters the commission may waive any of these requirements. Chairperson Selich then stated that he would like to see a reiteration in the intent and purpose in the architectural design section. Something to the affect, while we recognize the industry has standard floor plans that would be used on these facilities, they are strongly encouraged to provide them with unique elevation and architectural treatments that would make them unique to the City of Newport beach and not readily apparent as one of the typical, corporate owned structures seen elsewhere. This puts the oil industry on notice of what we want here. Commissioner Ashley left the podium, as he was not feeling well. Commission Tucker commented: • Landscaping - berming to soften the areas and suggestions that the ground cover be maintained in a flourishing condition • Drainage - requirement to review the maintenance of the filtration systems • Purpose clause - establish requirements to insure that areas and facilities 30 INDEX y5 City of Newport Beach Planning Commission Minutes . March 18, 1999 INDEX provided for or visible by the general public are maintained in a neat, safe and clean manner. • Additional Requirements - does the property owner disclose conditions embodied on the permit to new owners and is there any way to record this? Ms. Temple answered she would check with the Public Works Department to see if there are any practices in regards to monitoring the drainage. We could consider suggesting language that may incorporate into a use permit requirement some type of reporting mechanism. The applicant would then be required to provide regular reports to the city, assuring some measures. In terms of maintenance of landscaping, we have standard use permit requirements for that. To the extent the Planning Commission is interested, we could look at placing some of those into a criterion. Use Permits are vested and run with the land and a standard requirement has been included in recent years requiring the property owner to provide conditions of approval to any subsequent business that would exercise the permit. The City Attorney's office would be able to work with staff to bring back any suggested changes. Ms. Clauson suggested her office would look into this, perhaps as a memorandum of lease. She noted potential problems with expiration, • abandonment and similar problems with covenants. Commissioner Gifford, supporting the comments spoken, clarified that there is a call up provision and the analysis of alcohol beverage on sales and that it will be part of the review process. Commissioner Kranzley, agreeing with most of the comments, stated he wanted 50 square feet for incidental foods and the compatibility issue. Discussion then followed on the 50 square feet of storage and legali;jng the existing service stations that are selling items in violation of the existing code. Anything beyond this limit necessitates an application for a new use permit under the new ordinance. Commissioner Hoglund asked for and received clarification on the relationship of the parking requirements with the addition of convenience market and how it impacts that requirement. Mr. Alford answered that Chapter 20.66 contains all the parking requirements for various land uses and it would have to be consistent with those. There are requirements for vehicle repair, convenience markets, eating and drinking establishments, etc. Any combination of those would have to be consistent with those requirements. The retail section would have to abide by the standard parking requirement, which is at 1 space for 250 square feet. 31 . 4(o City of Newport Beach • Planning Commission Minutes March 18, 1999 CJ Commissioner Gifford noted to Commission that when this is looked at, do we really need to have a minimum of 1,200 square feet. Someone could have less but we should not preclude them. It was clarified that eating and drinking establishments is to be removed. Motion was made by Commissioner Kranzley to continue this item to the next meeting April 8th. Chairperson Selich summarized: • Draft A that provides for convenience markets. • Changes to the Purpose of the Ordinance, Section C (architectural design), Section D (public facilities) • Staff will bring back criteria to incorporate sign approval as part of the use permit and not a separate section of the zoning code. • Staff will bring back standards for height and tree caliper on landscaping and the maintenance of the landscaping. • Consensus is that we stay with the 50 square feet and the 1200 square feet. • No eating and drinking establishments. • An addendum to the introduction of the design guidelines under architectural criteria. • Requirements for the review of the design guidelines. Ayes: Tucker, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller, Ashley Abstain: None R -A District Height Limits A 887 INDEX Item No. 7 A 887 A resolution of inte amend Section 20.65.040 of Title 20 of the Municipal I Approved Code to place all prope in the Residential - Agricultural (R -A) District in the 32/50 Foot Height Limitation Zo Ms. Temple presented the staff report an ted: • Findings to approve the variance were resent particular case that was heard two weeks ago. • Research on that case showed that all those area p previously in a district that had allowed 35 foot height the height to be established by use permit. 32 to approve for a had been d allowed q1 City of Newport Beach DRAFT Planning Commission Minutes April 8, 1999 the date of approval unless a license has been issued or transferred the California State Department of Alcoholic Beverage Control pri o the expiration date. 14. The Plan nin Commission may add to or modify conditions of approval to this a Permit or recommend to the City Council the revocation of this Use mit, upon a determination that the operation which is the subject of this Permit, causes injury, or is detrimental to the health, safety, peace, mor comfort, or general welfare of the community. 15. This Use Permit shall expire unless exercised wit 'n 24 months from the date of approval as specified in Section 20.91.0 of the Newport Beach Municipal Code. SUBJECT: Service Station Regulations Update • Amendment 885 An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Municipal Code to update land use and property development regulations for service stations. This amendment includes a provision allowing the co- development of convenience markets with service stations. Chairperson Selich handed out an exhibit - representing Chapter 20.80 with his recommended changes: • Add required finding for architectural guidelines. • Add requirement for a materials board with specifications and samples. • Eliminate 15 gallon size tree and require 24 inch box size or larger and minimum shrub size be 5 gallons. • Effect of Chapter - make the sign regulations applicable to Planned Community Districts with the provision that the stricter of the standards apply. If the PC standard is stricter, it applies, if these standards are stricter, they apply. Public comment was opened. Mansoor Vakili, 19021 Kilimont Terrace, Irvine - spoke in support of this ordinance. He stated his only concern of 50 square feet for limit for non - automotive sales. Rick Yost, 2246 Pacific Coast Highway, Malibu - commended staff for the presentation and asked support of the ordinance. He asked that the 50 square feet be increased to 300 square feet given the definition of the net 19 Mm INDEX • Item No. 4 Recommended for approval • • 4� City of Newport Beach • Planning Commission Minutes April 8, 1999 public area. He speculated that in the future there would be more displays in these convenience stores such as lottery machines, ATM machines, etc. Robert Lintz Chevron dealer at Pacific Coast Highway and MacArthur noted: • 24hour availability of restrooms - some facilities are locked during certain hours of the evening for security reasons and they operate through lock up slide out doors. If people are allowed to come in and use restrooms during those hours, it violates security. This needs to be changed. • 50 square foot limit is not enough - he recommends that it be 300 square foot limit. At Commissioner Gifford's request, Mr. Lintz came up with some possible language to be added to Section L. of 20.80 -8. "One men's rest room and one women's rest room shall be provided to the general public during all hours of operation in which the entry to the cashier's area is unlocked." All facilities, he added, have different locked times. They usually close at 1 in the morning and open at 5 in the morning. Some close at 11 p.m. and open at 5:00 a.m. Optional language provided by Mr. Lintz was phrased as "entry for payment" that is stopped which means the customers pay through an outside source. Most of the restrooms are accessed through the inside. • Nick Nordis, 36 Silver Crescent, Irvine spoke in favor of the ordinance. He noted his confusion with the 50 square feet of floor area limit for non - automotive sales. He asked for and received clarification. Mr. Patrick Alford clarified that the customer service net public area includes any area that is used for the sale and display of items or to serve the customer. It would not include areas that are primarily used by the employees such as the cashier's area. Referencing page 2 of the staff report, Mr. Alford explained the diagrams that are not for the service of the customers. A full 50 square feet can be used for sale of non - automotive items. Chairperson Selich noted that if there was some question of this, it would be up to the City staff to do some interpretation if there is a mix of automotive and non - automotive items together. The intent of the Ordinance is clearly that it is the footprint of the merchandise. Public comment was closed. Commissioner Fuller asked where the 50 square foot come from and was answered that under the current regulations non - automotive items can only be sold from vending machines. In reality, Mr. Alford explained, service stations have open display racks, shelves, etc. carrying these items. The intent was to allow 50 square feet to legitimize that type of sales but not to allow it to evolve into a small convenience market. During the subcommittee's . 20 u..ir cF INDEX q9 City of Newport Beach �• -' ` °' ' Planning Commission Minutes April 8, 1999 review, 50 square feet seemed to be proportional to these types of operations. They could apply for a use permit for a full convenience market; it would have to be 1200 square feet for the floor area that would allow for a walk -in cooler. Discussion continued: • Signs - • Pole signs can be done with a renovation to an existing service station, as there is a provision for a waiver or modification of the regulations. A new service station could apply for an Exception Permit. • Canopy signs are provided for. Wall signs are proportional to the size of the building. • Service station itself provides for its own identification. • Monument signs could depict the fuel prices for types of gasoline. • State law requires that signage be visible from all street frontages. • Stations have option of freestanding fuel price signs. • Most contemporary service station developments usually includes fuel pricing signs in the monument format rather than up on a pole as was in the past. • Roughly 8 or 9 stations within the City are fully signed with monument signs that generally follow this criteria. Motion was made by Commissioner Gifford to adopt Resolution No. 1497 recommending approval of Amendment 885 as modified by the subsequent staff report received by the Commission for this meeting and further modified by the suggestions of the Chairman to the City Council. This would also include language, " accessible during hours of entry for payment" referencing the restroom availability. Commissioner Hoglund requested the maker of the motion to include verbiage regarding minimum hours that restrooms be available. Commissioner Gifford suggested that an applicant be responsive to that suggestion. Public Comment was re- opened. Mr. Lintz stated that the concept of not allowing access to the restrooms is for security of the cashier who is on duty by himself during hours of operation where he/she could be subjected to injury or robbery. For instance, if he is required to have the building locked until 6:00 a.m. because of security problems in specific areas and you want to require that the restrooms be accessible then there is a conflict with security issues. You would be better of it its safe enough to open the door for customers to pay, it is safe enough for 21 D p p ': a "t iF6v INDEX 0 0 L J 6b u City of Newport Beach Planning Commission Minutes April 8, 1999 them to use the restrooms. Customers who come in the early part of the morning want to be able to pick up food items. To have the store open as long as possible is revenue as a profit center. The only reason to lock it would be security. This will be site specific. Discussion followed on limiting the hours, crime differences in areas and the need to be specific or not. The motion stands as is. Chairperson Selich noted for the record that he would vote in favor of the motion, but is opposed to concept of convenience markets for the reasons enumerated in the March 18th minutes. The ordinance is a good one and the benefits from it over ride his concerns on the convenience markets. Ayes: Fuller, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Tucker Abstain: None Summary of changes proposed by Chairperson Selich: • Add a "required findings" section that requires the Planning Commission to find that a 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. • Add the requirement for a materials board in the application contents section. • Increase the minimum tree size to 24 -inch box. • Increase the minimum shrub size to 5- gallon. • Revise Section 20.67.010 to require service station signs in Planned Community Districts to be subject to the provisions of Section 20.67.030 (D), unless more restrictive sign regulations are contained in the planned community development plan. SUBJECT: Circulation Element of the General Plan i ewport Beach An amendment to the Circulation Element of the ort Beach General Plan to reclassify the segment of Santiago Drive located en Irvine Avenue and Tustin Avenue from a Secondary Arterial to a Commuter A riaL 22 INDEX Item No. 5 Recommended Approval ORDINANCE 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH APPROVING AMENDMENT TO CHAPTER 20.80, CHAPTER 20.03, AND CHAPTER 20.67 OF TITLE 20 OF THE MUNICIPAL CODE TO UPDATE LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR SERVICE STATIONS [PLANNING COMMISSION AMENDMENT 8851 WHEREAS, current zoning regulations for service stations have not been updated since their adoption in 1972; and WHEREAS, that due to the specificity of the current regulations, a number of common service station activities are in violation the Zoning Code; and WHEREAS, the current land use and property development regulations are not consistent with contemporary service station development; and WHEREAS, the land use and property development regulations need to be revised in order to correct these shortcomings; and WHEREAS, on March 18, 1999 and April 8, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment 885; and WHEREAS, on May 10, 1999, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: is SECTION 1: Section 20.03.030 (Definitions), Chapter 20.80 (Service Stations), Section • 20.67.010 (Effect of Chapter), Section 20.67.020 (Definitions), and Section 20.67.030 (D) (Automobile Service Stations in Any District) of Title 20 of the City of Newport Beach Municipal Code" shall be revised to read as provided in Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on April 26, 1999, and adopted on the 10th day of May, 1999, by the following vote, to wit: • ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 2 373 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING DESIGN GUIDELINES FOR SERVICE STATIONS WHEREAS, the Economic Development Committee and the Planning Commission formed a subcommittee to study potential revisions to the land use and property development regulations for service stations; and WHEREAS, the Economic Development Committee and Planning Commission subcommittee determined that a set of design guidelines are needed to review and evaluate the design of service stations to insure consistency with the City's policies relating to visual quality, community character, and the protection of adjacent development and land uses; and WHEREAS, on April 8, 1999, the Planning Commission recbmmended the adoption of the design guidelines. 0 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City of Newport Beach Design Guidelines, attached herein as Exhibit "A," are hereby adopted. SECTION 2: The Planning Department and Planning Commission are hereby directed to use the City of Newport Beach Design Guidelines to review and evaluate the design of service stations for consistency with the policies of the City of Newport Beach. • This resolution was adopted at a regular meeting of the City Council of the City of Newport 0 Beach held on May 10, 1999, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR