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Home My WebLink About29 - Albertson's Use Permit 3650 - Off-site parking agr4''�W PORT O BF, U _ _ C,LI i(1RH`P CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Albertson's, Inc. (Mark Steinman, applicant) 3049 East Coast Highway June 14, 1999 29 Marc Myers (949)644 -3210 PURPOSE OF APPLICATION: An appeal of the decision of the Planning Commission which approved a request for a use pemrit to allow a remodel and construction of a storage mezzanine within an existing retail grocery store building. The application also includes a waiver of off -street parking requirements with the acceptance of an off -site parking agreement. SUGGESTED ACTION: Sustain the action of the Planning Commission and approve, modify the action of the Commission, or deny: • Use Permit No. 3650 • Off -site parking agreement Background The subject property is developed with a building occupied by Albertson's Grocery Store. At the time the building was constructed there were no off -street parking requirements or floor area limitations in effect. Therefore, the subject building is legally nonconfomring due to the excessive floor area and the lack of off - street parking spaces provided on the lot. Chapter 20.62 establishes procedures for the continuance of existing structures and uses which do not conform to the provisions of the Zoning Code. The requirements of Chapter 20.62 are intended to limit the expansion of nonconforming structures and uses to the maximum extent feasible, establish criteria under which they may be continued or possibly expanded, and to bring these structures and uses into confomrity in an equitable, reasonable and timely manner, without infringing upon the constitutional rights of property owners. Under the provisions of the Code, the existing structure is permitted to remain and the uses may be changed freely provided no intensification of use occurs. Also, since the Albertson's building is located on a lot which is a part of a larger site under common ownership, the applicant is able to add additional floor area to the Albertson's building without exceeding the FAR and Building Bulk Limitations of the Zoning Code. 0 Discussion At its meeting of May 6, 1999, the Planning Commission voted (all ayes) to approve Use Permit No. 3650 for a remodel, new storage mezzanine and a waiver of parking with an off -site parking agreement. An excerpt of the approved minutes of the Planning Commission meeting, with the findings and conditions of approval, and a copy of the staff report prepared for their consideration are attached for the information of the City Council. Concerns of the neighborhood which were raised at the Planning Commission hearing include the lack of on- street parking due to insufficient parking supply on site in the Albertson's shopping center (see complete analysis on pages 5 & 6 of the staff report), the fact that Albertson's requires their employees to park off site while other businesses in the center are required to have employees park on site, the timeliness, frequency, travel routes and speed of the delivery trucks to and from the shopping center, and the "waiver and judgment, or interpretation" of the law "granting" Albertson's delivery trucks the right to drive their trucks down Iris Avenue. In order to address the concerns of the neighbors, the Commission included additional conditions of approval which require the store owner to purchase city parking permits for each of its employees so that they may park in the city lot on Bayside Drive, limit delivery hours to 7:00 a.m. to 8:00 p.m., chain off the delivery service bays at times when deliveries are not permitted, and provide landscaping around the perimeter of the remodeled Albertson's building to soften the mass of the building. Questions have been raised by the neighbors regarding a waiver of the vehicle code for Albertson's delivery trucks. The City Attorney has indicated that cities are able to regulate vehicles on streets only to the extent authorized in the Vehicle Code. Vehicle Code Section 35701 allows the City to adopt an ordinance that restricts certain commercial vehicles on streets. However, Section 35703 also says "No ordinance... shall prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary to make pickups or deliveries of goods, wares and merchandise from or to any building located on the restricted street..." The City Attorney has indicated that a waiver of the commercial vehicle prohibition on Iris Avenue has not been granted. However, the City has also advised nearby residents that State law does not allow the City to restrict commercial vehicle access to Iris Avenue if it is necessary for deliveries to Albertson's, because the shopping center site has ingress and egress by direct route to and from Iris Avenue. Given the high level of concern related to traffic, the applicant has continued working with the City Traffic Engineer and the surrounding neighbors towards a solution to the truck traffic, which currently routes exiting delivery trucks south down Iris Avenue to Bayside Drive, then east to Marguerite Avenue and north back to East Coast Highway. In order to address this issue, the applicant is proposing to widen the second driveway from the shopping center onto Iris Avenue, to facilitate right turns by delivery trucks onto Iris Avenue, thereby providing more direct circulation to East Coast Highway. In order to meet the standard drive width and turning radius requirements, the applicant is required to obtain a permit from Pacific Bell to relocate a guy wire, and possibly a power pole. Additionally, Page 2 the applicant is requesting that the City trim the trees overhead along Iris Avenue so that tall trucks are able to drive up the street without obstruction, and provide additional red curb area along the south side of Iris Avenue so trucks have enough maneuvering space to complete right turns onto East Coast Highway from Iris Avenue. The applicant has indicated that most neighbors in the vicinity support this proposal, and provided the changes to the driveway meet the City's standard requirements, the Traffic Engineer believes that the proposal can be implemented, although it should be noted that the revisions could result in a loss of one parking space in the shopping center lot, as well as one on -street parking space on Iris Avenue. Therefore, staff recommends that the City Council add the following condition of approval to Use Permit No. 3650, if it sustains the action of the Planning Commission. • Prior to the issuance of building permits the applicant shall obtain the appropriate permits to widen the driveway closest to First Avenue from the parking lot onto Iris Avenue. The work on the driveway shall be completed under an encroachment permit issued by the Public Works Department. Upon completion of the driveway widening, delivery trucks shall be required to exit the shopping center from this driveway and turn right onto Iris Avenue. Delivery trucks shall be prohibited from driving south down Iris Avenue and Jasmine Avenue beyond First Avenue. Submitted by: Prepared by: PATRICIA L. TEMPLE MARC W. MYERS Planning Director Associate Planner Attachments: Excerpt of Planning Commission Meeting Minutes Dated May 6, 1999 Staff Report to the Planning Commission Appeal Application Site Plan, Floor Plans and Elevations Page 3 City of Newport Beach Planning Commission Minutes May 6, 1999 SUBJECT: Blockbuster Video Sign (Mark Frank, 3007 East Coast Highway • Modification No. 4879 INDEX 0 Item No. 1 Modification No. 4879 Request to permit the installation of a roof sign on a n parapet wall where Continued to May 20th the Code limits roof signs to business locations that Jude the effective use of a pole sign, ground signor projecting sign. Ms. Temple stated that the applic as asked that this item be continued to the next meeting on May 201h a is out of town on business. Motion was made Gifford to continue this item to May 201h. Ayes: uller, Tucker, Ashley, Selich, Gifford and Kranzley N None sent: Hoglund Abstain: None SUBJECT: Albertson's, Inc. (Mark Steinman, applicant) 3049 East Coast Highway • Use Permit No. 3650 • Off -Site Parking Agreement Request to permit a remodel and construction of a storage mezzanine within an existing retail grocery store building. The application also includes a waiver of off - street parking requirements with the acceptance of an off -site parking agreement. CommissionerTuckerrecused himself from this matter. Associate Planner Myers presented the staff report noting the following: • The remodel includes construction of a 1,673 square foot second floor storage mezzanine in the rear of the building. • The storage mezzanine will increase the storage capacity of the store and thereby reduce the number of truck deliveries to the store. • The storage mezzanine addition should not increase parking demand for the facility since there is no increase in retail floor area or additional employees. • The proposed warehouse addition is considered retail floor area by the Code, therefornine additional parking spaces are required. • Since the parking cannot be accommodated on -site, the applicant is requesting a waiver of parking with the acceptance of an off -site parking agreement. Item No. 2 UP No. 3650 Off -Site Parking Agreement '( 0 0 City of Newport Beach Planning Commission Minutes May 6, 1999 The Albertson's building and the adjacent commercial building are on separate parcels but currently operate as a single building site. The off -site parking agreement will ensure that the subject property maintains access to off - street parking. Public comment was opened. Mark Steinman, Albertson's, Inc., 1180 West Lambert Road, Brea representing the applicant noted the additional information: Albertson's leases the property. The last remodel was eleven years ago. Referencing exhibits on the wall, he noted the proposed remodeled fapade and the proposed interior remodel. Mr. Steve Ceck, District Manager of the Corona del Mar store stated that the truck deliveries of twelve big trucks per week should be reduced by three deliveries per week. The additional storage area for 80/20 items (smaller items that sell the most) deliveries should go down by two or three a week per vendor. Fourteen employees staff the store at any given time. No additional employees will be added to support the mezzanine. The mezzanine will not cause an increase in the building elevation. The deliveries are early in the morning until 1 l a.m. and then between 6 and 9 p.m. (big trucks). There are two types of delivery, from the independent vendors and from the Albertson's warehouse. Chairperson Selich asked the applicant if employee parking on Boyside Drive through permit system from the City would be viable. Following a brief discussion, they agreed that could be a consideration. Ms. Temple noted that in the Boyside Drive parking lot, there are a total of 51 parking spaces. Twenty -eight of those are blue pole meters and twenty -three are silver pole meters. The blue pole meter spaces could be used with the blue meter parking permit, which costs $100 per year. The silver pole requires the Master Permit that is $400 per year. That lot is used by the Corona del Mar Farmers Market every Saturday and is utilized by area residents in the evenings after six. Kimberly Cole, 410 Iris Avenue noted that there is less parking on Iris than other streets. There is parking demand from the Farmers Market and Blockbuster's. There are additional restrictions for street sweeping. Parking is definitely an issue that needs to be addressed by the Planning Commission. She asked how long the construction will take and how many additional workers will be brought into the neighborhood to perform the construction? Mr. Edmonston stated that parking in Corona del Mar is a common issue, as INDEX 6. City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX most of the businesses there do not have adequate parking resulting in negative parking on all residential streets. The area south of Coast Highway and the ocean fall within the Coastal Zone, and the Coastal Commission has tended not to approve programs that restrict public parking. The City continues to seek solutionsto the problem. Appearing in opposition to the proposed project: Virginia Cole, 410 Iris Avenue noted similar parking frustrations as noted by previous speakers. Keith Dean, 403 Iris Avenue noted lack of parking spaces, truck routes and parking waiver. Susan Clark Dean, 403 Iris stated that she has called Albertson's many times over the past eight years regarding trucks on the streets and the parking. Referencing her letter that was distributed to the Planning Commission, noted several possible solutions to the problems such as moving the loading bay. Commissioner Kranzley asked if there was a current Use Permit on this property and was answered yes, and that it was issued in 1965. There are no restrictions regarding delivery and it has only one condition, which requires the parking lot configuration to be reviewed by the City Engineer. Eric Parker, 400 1/2 Iris Avenue, noted that the trucks have arrived as early as 5:30 a.m. and some leave as late as 11:30 p.m. He noted similar concerns of opposition as noted above. Janet Rappaport, 400 1/2 Iris, asked if the design of the truck route is to be changed. She noted similar opposition comments as stated. In conclusion, she asked that the Planning Commission consider the neighborhood and find a way to get the truck route out onto Coast Highway. Speaking in support of the proposed project: Val Skoro, 1601 Boyadere Terrace, Chairman of Corona del Mar Residents Association asked that the parking and delivery truck concerns be mitigated. Additionally, the remodel of the store will be a real benefit to the community. He asked for additional landscaping to be provided and if trees could be placed along Jasmine and Pacific Coast Highway as a beautification factor for the whole City. Chairperson Selich asked staff of possible limitations to use the municipal parking lots for the Albertson'semployees. Mr. Edmonston stated that residents park there in the evenings and on 0 1 ] 0 City of Newport Beach Planning Commission Minutes • May 6,1999 weekends when they can and restaurant patrons park there as well. During the weekday, the lot is fairly empty. In response to further questions, Mr. Edmonston noted that trucks entering from Jasmine would not be viable because the trucks need room to maneuver to the docking bay and would therefore block the public street. Mr. Stein answered the three questions resulting from public comment: 1. How long is the construction going to take? The construction on this project is anticipated to be 27 to 30 weeks. They have hired a specific contractor to do this work. The rear dock will be taken care of first, then the outside and inside will be worked on simultaneously. 2. How many workers will be on the job? The amount will vary. The contractor has been told he must find an off -site storage yard so that all the materials to be used for the construction will be stored away from the neighborhood. They will be brought in once a day to the construction site. Some days there could be ten workers depending on the activity underway at that time. They are to carpool from that remote storage yard as much as possible to minimize the impact on the neighborhood. 3. Truck routes? Albertson's distribution staff has discussed alternatives that could be made. The problems they note are the street widths, parking on the streets and the size of the trucks. The trucks have to come in off Coast Highway, to the relocated dock. They will back into the dock and exit straight out thru the drive aisle. They can not turn right onto Iris to go to Coast Highway because the street is not wide enough. The trucks will continue to exit left on Iris down to Boyside and then on Marguerite back to Coast Highway. At Commission inquiry. Mr. Steinman stated that they would provide for the fourteen employees parking in the Municipal lot. Regarding the landscaping, he noted that Jasmine trees and Flowers would be planted. He will provide additional landscaping on Iris and Coast Highway as requested. He agreed to working with staff to come up with a landscape plan on all three sides, Coast Highway, Jasmine and First Avenue. The outdoor sales and displays of merchandise by the front door will be eliminated because of the proposed architecture design. The coke vending machines facing the parking lot will be screened. The signs will be as shown on the plans. The existing off -site pole Albertson'ssign on the next parcel will have new inserts and will be lowered. Mr. Ceck stated that he can speak for the trucks from Albertson's and will restrict them to delivery between from 7:00 a.m. to 8:00 p. m. He noted that most of the delivery trucks the neighbors are concerned with are the vendor trucks. 0 INDEX I City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX Commissioner Fuller asked if a chain could be placed across the truck well to enforce the delivery schedule. Mr. Ceck stated that in addition to the placement of the chain, he would instruct his people to not open the receiving doors. He also agreed that the employee parking after peak hours would be on site. Ms. Temple, noting the Commission's concerns of employee parking, stated that a condition could be crafted where Albertson's could come up with some type of program where they are required to park on site whenever the parking is available. If something is going on in the neighborhood and the lot is full, the employees are going to have to park some where. The employees may park on the streets rather than the patrons of the market. She suggested the following additional condition: 'The owner of the market shall provide blue meter parking permits to all employees and renew them on an annual basis. The permit shall be provided at no cost to the employees. The employees shall be directed to park in the City parking lot on Bayside Drive at Marguerite at all times space is available in the parking lot." Public comment was closed. At Commission inquiry, Ms. Temple noted the following: • Terms of external affects of employee parking on site may result in patrons leaving carts in the neighborhood. although the neighborhood may prefer cars that come and go at varying time intervals. • The parking lot will not be reconfigured as it may result in a loss of additional parking spaces. • The proposed project characteristics parking table includes the parking requirements of all businesses in the lot. Commissioner Kranzley noted his support of the use of the City parking lot. However, the verbiage of 'when available', may be problematic. He suggested amending the condition to say that the employees have to either park on the street or on site. There should be remote areas that could be designated for Albertson's employees on site. Commissioner Fuller asked about the parking agreement, does the underlying owner have to agree as well and do we know if that has been done. Assistant City Attorney answered yes, that the owner has to agree to the parking agreement. Staff affirmed that the owner has been apprised of the parking agreementand that he also agrees to it. Commissioner Kranzley noted that Albertson's employees should not be in the Municipal parking lots after 7:00 p.m. The employees need to park on site in order to free the spaces for parking use by other business patrons in the 6 1, N City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX neighborhood as well as the residents. Commissioner Gifford stated her concern with allowing a business to utilize a Municipal parking lot for its employees. By having the requirement that the employees park on site at all times, the Planning Commission would address a real concern of the neighbors. The conditions that have been agreed to in terms of the trucks would solve some of the other problems. Chairperson Selich noted that this is away to use an underutilized parking lot. It provides a better utilization of the total parking in the area whether public or private. By parking in the lot, it frees the parking in the residential area. The only reason the applicant is here for this Use Permit is to seek a waiver for the extra storage mezzanine space. They could go ahead and do the remodel plans and not do the mezzanine. Their willingness to do a lot of other things shows they are willing to cooperate and work with the City. With the use of the City parking lots, it's a way to get the parking off the street. The back lot by Rite Aid usually has spaces available, but the first lot is generally filled up. Assistant City Attorney Robin Clauson stated that to the extent that the employees agree to park on site according to their current lease, they are not allowed to have the employee parking on site. This approval is for the mezzanine that requires the waiver of nine parking spaces. There is a connection that the Punning Commission could make. The Planning Commission could condition that the applicant would have all employees park on site. Motion was made by CommissionerGifford to approve Use Permit No. 3650 with the requirement for an Off -site parking agreement with the findings and conditions contained in Exhibit plus the additional conditions relating to: • Requirementfor employee parking permits • Landscapingplan • Signs will be as depicted on the plans submitted with this application and that the existing pole sign on site shall be lowered to a monument sign. • Clarification of employees parking on site after 7:00 p.m. • Chain across the service bay • Prohibition of outdoor display and sale of merchandise • Screening of coke machines • Street trees • Delivery hours 7:00 a.m. to 8:00 p.m. Ayes: Fuller, Ashley, Selich, Gifford and Kranzley Noes: None Absent: Hoglund Abstain: Tucker 9 W City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3650 Findin s: 1. The property is designated for "Retail and Service Commercial' use by the Land Use Element of the General Plan. The proposed use is consistentwith that designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 4. The approval of Use Permit No. 3650 and the Off -Site Parking Agreement will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code the following reasons: • The project is consistentwith the guidelines and intent of the FAR provisions of the Municipal Code. • The off -site parking area is so located as to be useful in connection with the supermarket use since the lots are contiguous. • Use of the off -site parking lot will not create undue traffic hazards in the surrounding area. • The two parcels are in common ownership. The suggested conditions of approval should limit potential noise and light spillage and glare concerns associated with the supermarket operation. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. • The proposed addition is a second floor area for the storage of sales products only which will not generate an increase in traffic or parking demand. • There is no increase in retail floor area. • No new employees will be added as a result of the addition. • The proposed addition will not eliminate any of the parking spaces currently provided on site. • With the new truck well location adjacent to the rear of the 0 0 City of Newport Beach Planning Commission Minutes May 6, 1999 building, no parking stalls will be required to be vacant when a truck makes a delivery because the maneuvering will now occur in the drive aisles. The new enclosed trash compactor bin will reduce the frequency of pick -ups for trash truck served garbage bins. Adequate provision for vehicular traffic circulation is being made for the entire shopping center facility. Conditions: The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. The retail grocery store facility operation shall be limited to between the hours of 6:00 a.m. and 12:00 a.m., daily. Any increase in the hours of the facility shall require an amendment to the use permit. 3. A covenant to hold the two existing parcels that comprise the subject property into one building site shall be approved and recorded prior to the issuance of building or grading permits for the project, unless otherwise approved by the Planning Department. 4. Seventy -five (75) parking spaces shall be provided in the off -site parking lot location to serve the proposed operation of the facility. 5. The parking lot shall be maintained in a clean and orderly manner. 6. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on the contiguous lot commonly referred to and addressed 3007 -3027 East Coast Highway for the duration of the proposed use or uses on the subject site. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instrument shall be recorded in the office of the County Clerk and copies thereafter filed with the Planning Department. All mechanical equipment shall be screened from view of nearby properties and public streets within view of the equipment, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 8. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 0 INDEX City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX 9. Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 9-.,W 7.00a.m., daily, unless otherwise approved by an amendment to this Use Permit. 10. The operator of the grocery store use shall be responsible for the clean- up of all on -site and off -site trash, garbage and litter generated by the use. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 13. The area outside of the establishment, including the parking lot and the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. 14. The project shall be limited to a maximum of 19,842 gross square feet. Any increase beyond that approved shall be subject to the approval of an amendment to this use permit or an application for a use permit approved by the Planning Commission, if required. 15. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 16. Intersections of West Coast Highway and the private drive shall be 10 Ia City of Newport Beach Planning Commission Minutes May 6,1999 designed to provide sight distance in accordance with Standard 110 - L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 17. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements 18. The owner of the market shall provide blue meter parking permits to all employees and renew them on an annual basis. The permit shall be provided at no cost to the employees. The employees shall be directed to park in the City parking lot on Bayside Drive at Marguerite at all times space is available in the parking lot. After 7.00 p.m., the employees shall park on site. 19. Wall Signs shall be limited In size and location as depicted on the plans submitted with this application and the existing pole sign on site shall be lowered to a monument sign in compliance with sight distance requirements and as approved by the Planning Department and Public Works Department. 20. Outdoor display and sale of merchandise is prohibited. 21. The four existing coke machines that face the parking lot shall be screened on three sides with a solid enclosure consistent with the exterior fagade of the supermarket building and approved by the Planning Department. 22. A comprehensive landscape plan shall be prepared by a licensed landscape architect. The plan shall include landscape proposal around the perimeter of the building by East Coast Highway, Jasmine Avenue and First Avenue. The plan shall include street frees, vines and ground cover to soften the mass of the building walls. The plan shall be submitted, reviewed and approved by the Public Works, General Services and Planning Departments. The approved landscaping shall be installed in accordance with the required plan and shall be permanently maintained in a clean and orderly fashion. Prior to Building Permit final, the applicant shall schedule an inspection by the Code Enforcement Division to confirm compliance with approved landscape plan. 23. During hours not available for delivery, the service bay shall be chained. • 11 1,171 13 City of Newport Beach Planning Commission Minutes May 6, 1999 INDEX Standard City Reauirements: The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the condition of approval. 2. All signs shall conform to the provisionsof Chapter20.67 of the Municipal Code. 3. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 4. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 5. The on -site parking, vehicular circulation and pedestrian circulation systems of both sites be subject to further review by the Traffic Engineer. 6. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. The operator of the supermarket facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the project and to develop a set of corrective measures necessary in order to insure compliance. 8. A washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 9. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12 /% 0 1] �,EwaoRr CITY OF NEWPORT BEACH Hearing Date: May 6, 1999 COMMUNITY and ECONOMICDEVELOPMENT Agenda Item No.: 2 in PLANNING DEPARTMENT = 3300 NEWPORT BOULEVARD Staff Person: Marc Myers NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200: FAX (949) 644.3250 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION PROJECT: Albertson's, Inc. (Mark Steinman, applicant) 3049 East Coast Higbway PURPOSE OF APPLICATION: Request to permit a remodel and construction of a storage mezzanine within an existing retail grocery store building. The application also includes a waiver of off -street parking requirements with the acceptance of an off -site parking agreement. ACTION: Approve, modify or deny: • Use Permit No. 3650 • Off -site parking agreement LEGAL DESCRIPTION: Lots 1, & 3, Block 436, and Lots 4 & 5 Block H, Corona del Mar Tract ZONE: RSC (Retail Service Commercial) OWNER: The Smith Inter Vivos Trust E. Moms Smith, Jr., Trustee, Newport Beach Points and Authority • Conformance with the General Plan and the Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Retail Service Commercial" uses. A retail grocery store is a permitted use within this designation. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). • Use permit procedures and requirements are set forth in Chapter 20.91 of the Municipal Code. Provisions for Off -Site Parking are set forth in Section 20.66.080 of the Municipal Code. /5 VICINITY MAP 0 0 Off Use Permit No. 3650, Current Development: The subject property is currently developed with an 18.169 square foot building occupied by Albertson's Grocery Store. To the north: Across East Coast Highway are various retail and service commercial uses. To the east: Across Jasmine Avenue is a retail commercial building. To the south: Across First Avenue and Iris Avenue are two-family residential dwelling units. To the west: Across Iris Avenue are residential dwelling units and a retail commercial building with related off -street arlrin . Um Pemdt No. 3650 May 6.1999 PagW % 6 0 Background The subject property is developed with a building occupied by Albertson's Grocery Store. The subject building was constructed over four individual and separate lots. At its meeting on April 15, 1976, the Planning Commission approved Resubdivision No. 518 which permitted the combining of parcels to allow a remodel of the existing market including construction of a new roof over an existing loading dock at the rear portion of the building. The subject property is adjacent to a parcel occupied by a 10,720 square foot multi- tenant commercial building with related off street surface parking. Since the parcels are adjacent, contiguous and under common ownership, they utilize a shared ingress /egress situation and free access across both parcels. The uses occupying the buildings on the two contiguous parcels share the parking spaces available in the off street parking lot. Proposed Proiect Characteristics 2 The Code defines "site" as a lot, or group of contiguous lots not divided by an alley, street, other right -of -way, or city limit, that is proposed for development in accord with the provisions of this code, and is in a single ownership or has multiple owners, all of whom join in an application for development. Uu Permit No. 3650 May 6, 1999 Pages Required/Allowed Existing Proposed Lot Area 2,000 sq. ft. min. 21,648 sq. ft. 21,648 sq. ft. Site Area: 2,000 sq. ft. min. 64,444 sq. ft. 64,444 sq. ft. Albertson's Building: 10,842 sq. ft. max. 18,169 sq. ft. 19,842 sq. ft. Multi- tenant Building: 21,398 sq. ft. max. 10,720 sq. ft. 10,720 sq. ft. Building Height: 32 ft. Height Limit 23 feet to the top of 23 feet to the top of parapet parapet Site Parldne: Parking Available On -site: 143 spaces 75 spaces 75 spaces Parkine Required: Albertson's @ 1200 sq. ft. 100 spaces 32 spaces 32 spaces Multi- tenant Building @ 1/250 sq. ft. 28 spaces 28 spaces 28 spaces Gina's Pizza 5 spaces 5 spaces 5 spaces (21 spaces waived) Dry Cleaners @ 1250 sq. ft. 5 spaces 5 spaces 5 spaces La Fugata Restaurant 5 spaces 5 spaces 5 spaces (21 spaces waived) Market Hours: N/A 6:00 a.m. to 12:00 a.m., 6:00 a.m. to 12:00 a.m., DAILY DAILY Restriction on Deliveries: No deliveries between N/A N/A 8:00 p.m. and 8:00 a.m. 2 The Code defines "site" as a lot, or group of contiguous lots not divided by an alley, street, other right -of -way, or city limit, that is proposed for development in accord with the provisions of this code, and is in a single ownership or has multiple owners, all of whom join in an application for development. Uu Permit No. 3650 May 6, 1999 Pages Areal sis The applicant is proposing a remodel of the Albertson's supermarket. The existing supermarket facility contains a gross square footage of approximately 18,169 square feet. Approximately 12,715 square feet of the existing floor area is devoted to sales area with the remaining 5,454 square feet utilized as support uses including administrative offices, dry and cold storage, employee lockers, restrooms and loading dock area. The remodel encompasses an exterior facelift to the fagade to update the appearance of the building, and a remodel of the interior of the building offering a more modern service atmosphere for their customers with no increase in the retail floor area within the building. Also included in the remodel is the construction of a second floor dry storage mezzanine in the existing warehouse in the rear of the building. The storage mezzanine area is located along the rear and southerly side of the property over the existing loading dock warehouse and will not result in increased building height or a change in the building footprint. The storage mezzanine is an increase in floor area, which will add to the holding capacity of the store. This will reduce the number of truck deliveries required to provide stock to the store, by allowing the business to maintain a larger back stock of goods. The remodel also includes reconfiguring the existing truck delivery loading dock well at the rear of the building in order to eliminate the need to move automobiles from the rear of the parking lot each time a truck makes a delivery to the store. Reconfiguration of the loading dock also results in the addition of a new enclosed trash compactor bin which will reduce the frequency of pick -ups for trash truck served garbage bins. The new trash compactor is situated directly adjacent to the location of the new loading dock well. is FAR Compliance The Land Use Element establishes area specific land use policies throughout the City. These area policies set a floor area ratio (FAR) development limit of 0.5/0.75 FAR on the subject property. The Zoning Code defines FAR as the gross floor area of a building or buildings on a lot divided by the lot or site area. The General Plan Land Use Element currently limits development on the site to 0.5 FAR. Chapter 20.63, Floor Area Ratios and Building Bulk, establishes food and beverage sales as a Base Use which allows a floor area ratio up to 0.50. The project consists of a 1,673 square foot addition to an existing one -story 18,169 square foot commercial building. Since the building is located on a lot which is 21,648 square feet, the project exceeds the base development allocation by 9,018 square feet. However, the Albertson's building is located on a lot which is part of a larger site under common ownership, therefore the applicable FAR limitation is based on the area of the site as a whole rather than the individual lot. To ensure that the FAR limitation is not exceeded through further development on the contiguous parcel, staff has included a condition of approval which requires the applicant to file a covenant with the County Clerk's office which holds the two adjacent parcels as a single building site. By doing so, the applicant will be able to add additional floor area to the Albertson's building without exceeding the FAR and Building Bulk Limitations of the Zoning Code. Use Permit No. 3650 • May 6, 1999 Pages /� Based on these requirements, the Base Development Allocation for the Albertson's shopping center site is 0.5 times the site area or 32,222 square feet (64,444 square feet X 0.5 = 32, 222 square feet). Building Department records indicate the gross floor area of the existing Albertson's building is 18,169 square feet and the multi -tenant commercial building at 10,720 square feet for a total of 28,889 square feet or 0.45 FAR. With the proposed 1,673 square foot storage mezzanine addition, the resultant site square footage is 30,562 square feet, or 0.47 FAR. The project is therefore, consistent with the guidelines and intent of the FAR provisions of the General Plan and Municipal Code. Circulation The ingress/egress to the parking lot is provided from East Coast Highway, First Avenue, and his Avenue. The site plan shows primarily single direction drive aisles through the existing parking lot. Since the driveway entrance and exit points are existing, and the parking configuration is established, a reconfiguration of the parking lot to comply with current standards may result in a loss of parking spaces. However, with the new truck well location adjacent to the rear of the building, no parking stalls will be required to be vacant when a truck makes a delivery because the maneuvering will now occur in the drive aisles, whereas previously, the location of loading dock restricted the maneuverable area for the trucks. Off Street Parking Requirement Off street parking requirements for retail food and beverage sales establishments are governed by the provisions of Section 20.66.030 of the Zoning Code. That section sets forth a parking requirement for retail food and beverage sales establishments based on a parking ratio of one space for each 200 square feet of gross floor area. In this particular case, 100 parking spaces are required for the Albertson's Market with the proposed addition. The parking ratio for the retail uses which occupy the existing commercial building on the contiguous lot is 1 space for each 250 square feet. It should be noted that parking waivers have been granted by the Planning Commission for restaurant uses occupying the multi -tenant building. With these waivers the existing 10,720 square foot building requires 43 parking spaces. Since the existing parking lot provides 75 parking spaces, there are 32 remaining spaces to serve the market. When viewed as a single project, the parking requirement for the entire shopping center site is 143 spaces, a deficit of 68 parking spaces. The proposed addition will not eliminate any of the parking spaces currently provided on site. However, since the warehouse addition is considered retail floor area by the Code, 9 additional parking spaces are required. Since the parking cannot be accommodated on -site, the applicant is requesting a waiver of the off -street parking requirement. The applicant has provided a copy of the lease agreement for use of the common area of the shopping center site including use of the parking spaces. Since there is no formal City sanctioned instrument in place to insure this lease agreement, staff believes that approval of this use permit presents an opportunity to formalize this arrangement. This could be accomplished through an off - MUse Permit No. 3650 May 6, 1999 PagW 11 site parking agreement. A condition of approval has, therefore, been included which requires an off -site parking agreement should the use permit be approved. The storage mezzanine addition should not increase parking demand for the facility if it does not allow for an increase in retail floor area or additional employees. The plan submitted shows the retail area remaining the same as existing. Additionally, the applicant has indicated that no new employees will be added as a result of the addition. Given these circumstances, staff is of the opinion that the project will not increase the parking demand on -site. Currently, the market requires all employees to park off -site. This forces them to park on the public streets in Corona del Mar. When considering approval of this Use Permit, staff would typically include a condition of approval which would require all employees to park on site. However, requiring employees to park on site would displace market patrons, forcing them to utilize the public streets for parking. This would have the potential to increase side -street traffic, and result in customers leaving shopping carts off -site in the surrounding neighborhood rather than on site in the parking lot. In this particular case, since the number of on site parking spaces is limited and the supermarket has been operating in this manner for several years, the condition has not been included. Off -Street Parking on a Separate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall not approve off -street parking on a separate lot from the site or sites unless: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites; B. Parking on such lot will not create undue traffic hazards in the surrounding area; C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the site or sites); D. The owner or owners and the City, upon the approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof fled with the Planning Department; Use Permit No. 3650 May 6,1999 Page 6- d E. A fee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off - street parking on a separate lot. The off -site parking lot is useful in connection with the supermarket building because the two parcels are contiguous. The parking area and driveways are striped and arranged so that vehicular and pedestrian traffic flow freely and adequate site clearances are provided at all applicable locations. Additionally, the site has been functioning in this manner for several years and the parcels are under the same ownership. Therefore, staff is of the opinion that the requirements for the off -site parking agreement have been met. Staff has suggested a condition of approval which requires the owner to prepare and submit an off - site parking agreement providing for the maintenance of the off -site parking spaces for the City Attorney's review and approval. Should one of the parcels be sold to a different owner, the off -site parking agreement will continue to be in affect. Noise Staff believes that compliance with the provisions of the Community Noise Ordinance should limit any potential adverse impacts of the facility's operation on the neighboring residential uses. The use of the electric trash compressor has also been restricted to limit potential noise problems. Additionally, staff recommends a restriction to prohibit deliveries between the hours of 10:00 p.m. and 8:00 a.m. to help minimize the potential noise impacts of delivery trucks on the surrounding residential uses. 0 Lighting The applicant is proposing three new parking lot light pole fixtures in conjunction with the supermarket remodel. In order to prevent adverse impacts of light spillage and glare associated with the exterior lighting of the project parking lot, staff has recommended that a photometric plan of the anticipated lighting impacts of the project on the neighboring residential uses in the vicinity of the project be submitted and reviewed as part of the construction drawings. The lighting plan will be required to show that the light will be directed on -site and that the light sources will not be visible from any neighboring property. Staff also recommends that the lighting of the proposed on- site signs not be visible from the neighboring residential properties. Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit and authorize an off -site parking agreement, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Use Permit No. 3650 May 6, 1999 Page- a ! In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit and the off -site parking agreement can be made since the Albertson's building and the adjacent commercial building parcels already operate as a single building site and the off -site parking agreement is an instrument to be used to ensure that the subject property maintains access to off - street parking. The storage mezzanine will allow the supermarket to maintain a larger back stock of goods which will result in a reduction in the number of delivery truck trips to and from the site, and the size of the retail area will remain the same as existing. Additionally, the applicant has indicated that no new employees will be added as a result of the addition, so parking demand of the project is not anticipated to increase. Should the Planning Commission wish to approve Use Permit No. 3650, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the proposed mezzanine, in this particular case, does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: PATRICIA L. TEMPLE Planning Director Attachments: Prepared by: MARC W. MYERS Associate Planner Exhibit "A" Appendix Site Plan, Floor Plan and Elevations F: \USERS\PrMSHARED \I PLANCOM11999105- MUP36501pt Use Pennit No. 3650 May 6, 1999 Page-8' 0 0 EXHD3IT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3650 • Use Permit No. 3650 Findings: 1. The property is designated for "Retail and Service Commercial" use by the Land Use Element of the General Plan. The proposed use is consistent with that designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 3. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 4. The approval of Use Permit No. 3650 and the Off -Site Parking Agreement will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code the following reasons: 0 The project is consistent with the guidelines and intent of the FAR provisions of the -�?3 Municipal Code. • The off -site parking area is so located as to be useful in connection with the supermarket use since the lots are contiguous. • Use of the off -site parking lot will not create undue traffic hazards in the surrounding area. • The two parcels are in common ownership. • The suggested conditions of approval should limit potential noise and light spillage and glare concerns associated with the supermarket operation. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • The proposed addition is a second floor area for the storage of sales products only which will not generate an increase in traffic or parking demand. • There is no increase in retail floor area. • No new employees will be added as a result of the addition. • The proposed addition will not eliminate any of the parking spaces currently provided on site. • With the new truck well location adjacent to the rear of the building, no parking stalls will be required to be vacant when a truck makes a delivery because the maneuvering will now occur in the drive aisles. No, Use Pemut 3650 May 6. 1999 Page9' -�?3 The new enclosed trash compactor bin will reduce the frequency of pick -ups for trash truck served garbage bins. Adequate provision for vehicular traffic circulation is being made for the entire . shopping center facility. Conditions: The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. The retail grocery store facility operation shall be limited to between the hours of 6:00 a.m. and 12:00 a.m., daily. Any increase in the hours of the facility shall require an amendment to the use permit. 3. A covenant to hold the two existing parcels that comprise the subject property into one building site shall be approved and recorded prior to the issuance of building or grading permits for the project, unless otherwise approved by the Planning Department. 4. Seventy -five (75) parking spaces shall be provided in the off -site parking lot location to serve the proposed operation of the facility. 5. The parking lot shall be maintained in a clean and orderly manner. 6. The owner or owners and the City shall execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on the contiguous lot commonly referred to and addressed 3007 -3027 East Coast Highway for the duration of the proposed use or uses on the subject site. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instrument shall be recorded in the office of the County Clerk and copies thereafter filed with the Planning Department. All mechanical equipment shall be screened from view of nearby properties and public streets within view of the equipment, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. S. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 9. Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this Use Permit. 10. The operator of the grocery store use shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use. Use Pemit No. 3650 • May 6, 1999 Page,19''H 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 13. The area outside of the establishment, including the parking lot and the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to periodic steam cleaning of the public sidewalks as required by the Public Works Department. 14. The project shall be limited to a maximum of 19,842 gross square feet. Any increase beyond that approved shall be subject to the approval of an amendment to this use permit or an application for a use permit approved by the Planning Commission, if required. 15. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 16. Intersections of West Coast Highway and the private drive shall be designed to provide sight distance in accordance with Standard 110 -L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 17. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements Standard City Requirements: 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the condition of approval. Use Permit No. 3650 May 6, 1999 Page-n .;?S 2. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 3. The project shall comply with State Disabled Access requirements, including handicap parking requirements. 4. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Building Department. 5. The on -site parking, vehicular circulation and pedestrian circulation systems of both sites be subject to further review by the Traffic Engineer. 6. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 7. The operator of the supermarket facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the project and to develop a set of corrective measures necessary in order to insure compliance. 8. A washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Works Department. 9. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. Use Pemtit No. 3650 • May 6. 1999 Page 27- a APPENDIX "A" LOCATION: 3049 East Coast Highway, Lots 1, & 3, Block 436, and Lots 4 & 5 Block H, Corona del Mar Tract ZONE: RSC (Retail Service Commercial) APPLICANT: Albertson's, Inc., Brea OWNER: The Smith Inter Vivos Trust E. Morris Smith, Jr., Trustee, Newport Beach Background Permit History for Albertson's Shopping Center Albertson's Market was built in or before 1955. 1/24/56 Building permit issued for drug store and three other stores to E. Morris Smith and Vincent's Drug Store – Zoning C -1 -H 11/18/65 Use Permit No. 1170 ( Albertson's) Approved to permit alterations and additions to existing structure which had a non - conforming parking layout. Plan A had parking for 82 cars, Plan B had parking for 79 cars -94 stalls existed. Proposed alterations and additions were not specified although subsequent report indicates restaurant was part of addition. The Planning Commission required that Public Works Department approve final parking layout. 4/3/69 Use Permit No. 1170 Amended— Approved to allow a canvas awning to be replaced with an aluminum sunshade over "Yard's Coffee Bar." Use permit required because the center was nonconforming due to parking and fact that business was a take - outloutdoor facility not permitted by a previously approved use permit. 512/72 Modification No. 487 — Approved a request to permit glass windows around the existing outdoor dining patio. 817175 Use Permit No. 1761 (Nick's Pizza )—Approved a request to permit a new take -out restaurant use on the site and to waive a portion of the required development standards. Former take -out use had lapsed with removal of kitchen facilities and establishment of a nursery use in 1974 (Robins Country Greens). No additional parking required. 4/15/76 Resubdivision No 518 (Albertson's )—Approved a request to combine lots into. a single parcel to allow remodel of the market building including construction of a roof over a walled storage area and a new freezer room. The proposal included two additional parking spaces. The Planning Commission required 76 parking spaces on site. Use Pemtit No. 3650 May 6, 1999 Pagek 6116/77 Use Permit No. 1761 Amended (Nick's Pizza )—Approved a request to change the closing hour form 8:00 p.m. to 10:00 p.m. No additional parking required. 4/20/78 Use Permit No. I761 Amended (Nick's Pizza)— Denied request to permit beer and wine and minor changes involving the expansion of the kitchen and reduction of the patio area. Denial was based on parking considerations and proposal to move take- out window closer to parking lot. 1/8/81 Resubdivision No. 673 (Newport Balboa Savings)— Approved a request to combine lots into a single parcel to allow remodel of drug store area into a savings and loan bank. No additional parking proposed or required. 0 Use PenWt Na 3650 May 6, 1999 Page.1* CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION 44 plication No. Name of Appellant or person filing: Eel L K. Phey&A Phone: g1qcl / &'43- $sow Address: I-IOU ��2 I el S Ave Cn o jt. L( AAO- Date of Planning Commission decision: % (AAN , 199_ Regarding application of: A L- eey-T5opas I Ne. 4 u5e ?MO4(T 3(0'77>7 for (Description of application filed with Planning Commission) Ze Au gsc7r 'IND PeV- .(T A Zer,LonCL oF A 5Tc✓l46E +'('t627AA/r.JE Wi r4l/v A,.1 EK(S7tA$ 2e't-t4t.c. Cq2ocEQY 5TO¢E .$ui( -omir, %AIE Aefuz -wrwt- A"t, A wa(vfz or- OFF- sTtLeaT ?AP(U ,jc-, ZE32u(a Em EN Ti U(TF{ AarePr'ANce OF Aw of ASrrr f A2K(Nh A-644 AM NT . Reasons for Appeal : <5 APPEAL �> FOR OFFICE USE ONLY Date 19 iiM� 1199 Date Appeal filed and Administrative Fee received: .5--11 , 19 1-1. Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to,a Dater d& (NBIM Sec. 20.95.050) Tf I cc: Appellant 1 iii Planning (Furnish one set of mailing labels for mailing) File PEALS: Municipal Code Sec. 20.95.0408 R� J P PL. IN1NC DLPrF i fA : Appeal Fee: $278 pursuant to Resolution No. 98 -52 adopted on 7 -27 -Wily c (Deposit funds with Cashier in Account #2700 -5000) AM PM ty Exhibit A- Reasons for Appeal Appeal # - Parking conditions approved by the Newport Beach planning commission and agreed to by Albertson's are unenforceable and of questionable legality. The plan does not insure that residents in the vicinity of Albertson's will have adequate parking. The City is giving special permission for a public lot to be exclusively used by a single private business. There are no plans for security of employees walking to or from lot, nor were other options, such as sharing of other commercial lots that are available in the area, discussed. A comprehensive review of the parking congestion and needs in the area (involving not only Albertson's but all other commercial and residential needs) should be undertaken by the city (with equal input from residents and commercial needs) before any new variances or waivers are granted. - Albertson's contention that the remodel will not result in increased staff or patronage is contradicted by statistics that predict an increase of 3 -5% following cosmetic re- models and the projections for increased population in the area due to Newport Coast expansion. We feel the N B planning commission ignored this fact entirely in approving the Albertson's proposal as submitted. Albertson's operation: the truck traffic consistently operates at earlier and later hours than stated by Albertson's representatives. The noise and the light spillage are all detrimental to the safety, peace, comfort, and general welfare of the surrounding community and these issues were not adequately addressed by the planning commission. - The planning commission, against the input of every resident who appeared at the hearing and without justification, expanded the hours of truck operation suggested by city staff, who recommended an 8am to Spin time for truck deliveries. While the residents were not pleased that trucks would continue under the current Albertson's plan to roll through the neighborhood, the planning commission arbitrarily expanded the delivery hours to 7 am. We feel this arbitrary and ungrounded decision by the planning commission should be reversed and that the City consider the issues of trucks moving in and out of Albertson's to and from PCH rather than through the neighborhood. - Residential street parking permits were suggested by residents as a possible solution to keeping the business center related parking, public and employee, from parking on residential streets. The Iris and Jasmine 400 -415 block does not have an alley. This fact limits residential parking to begin with. Resident parking permits would ensure that residents have safe nearby parking. 3d 0 - There was no detailed construction schedule or parking plan discussed in the Report to the Planning Commission. These issues are not being addressed per the Report to the Planning Commission on page 7, in the Recommendations paragraph per section 20.91.035. A detailed plan as to where the off -site storage facility for materials will be, a plan for where the off -site parking for carpooling construction workers will be, and a plan for the hours and proposed traffic disruption needs to be submitted by the petitioner. - We appeal the exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and the waiver to the Building Bulk limitation. The center's other businesses have dramatically increased patronage and have already increased the stress on the surrounding neighborhood. - We appeal the determination by staff that Albertson's Inc. is categorically exempt under the Classl (existing facilities) requirements of the California Environmental Quality Act. - We appeal on the general grounds that this action and many previous actions of the planning commission and the City relative to the Iris avenue area have reduced our property values. This trend needs to be reversed and property values of the residents in the area need to be restored. - We appeal generally to all matters pertaining to the use permit referenced above, the waivers granted to Albertson's now and in the past and all other matter's which affect the City's consideration of the Albertson's proposal to remodel. Therefore this permit should be revoked. 91 PETITION OF OPPOSITION Re: Application by Albertson s, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off -street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. 9 Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. ---------------------------------------------------------- Name�P,rlinted Street Address ------------- -- ------------------------- --- ---- -- ---------------------9--- S ture -y-9-P h- one # � Date Signed &73 -6(a ------------------------------ ?_mJe Printed Street Address Signature Phone # Date Signed 5 ID_99 Name Printed Street Address Signature Phone # Date Signed Name Printed Street Address / - -; !1V = `. —i _= L� 1!_3 f —c1 ------- - - - - -- —= —= Signature Phone # Date Signed .. � mil. �--��_ '7� . � ,� .,) � %/ . • 71 PETITION OF OPPOSITION Re: Application by Albertson's, Inc. (Mark Steinman, applicant) for Use Permit No. • 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off - street parking requirements, and the acceptance of an off -site parking 0 11 agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. • This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: * Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock ;Name za dous speeding, parking, stopp apd hea%) usage on residential streets. ... --------------- -- Tinted Street Address >---=-- - - - - -- s - ture Phone # Date Sign - - -- r�)9 I��2��n1_5 ..... 6_ yTRt��h!�-------- 5 /�_IS� Name ted Street Address - - - -- - - = -- - - - -�7 3 =l /_( - - - - - -� � �S Signature Phone # Date Signed — --------- - - - - -- --------------- - - - - -- Name Printed Street Address - -- - - - - -- ----- - - - - -- — — Signature Phone # Date Signed ,::�A m 6 C000'A P02-T Name Printed �gnature 1-loo j/z 11215 ---------------------------------- Street Address Cc --9 3 - 3 5-b ------------------------- - - - - -/ — Phone # Date Signed ---------------------------- - - - - -- Pq�� Z- as PETITION OF OPPOSITION Re: Application by Albertson s, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off- street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. * This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson s, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. Name Printed Street Address --------------- lure Phone # Date Signed ------------------- - - - - -- Name Printed 4 � _P K's � Street Address s76 �Ff ---------- - - - - -- - -- - -- --- ----------------- -- ---- - - - - -- - S' a Phone # Date Signed l N e Printed Street Address I -- 'S1L ----- CBS. - - - - -- 1yiD�ris -' �rC'bA--- 5"..._ Signature — J Phone # Date Signed or - --------- '_7�� =coC� --------------- - - -- Name Print Street Address - - - -- ----------------------------------=------------- Si lure phfte # Date Signed le- ------- - - - - -- ---- - - - - -- PCqe_ 3 5 Y PETITION OF OPPOSITION Re: Application by Albertson s, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off -street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. • This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. . N/a�me Printed V Y CQ c Name ------------------- - - - - -- Street Address 5�106%a �i� s _1 . 01 � 9o?6o?s -------------------------------- Phone # Date Signed Street Address Signature Phone # ---- - - - - -- ------- - - - - -- x7.7 - s% Name Printed S e_e_t ddres_s _ - -- Signature Name ted Date Signed Signed -49 — - - - -- Phone # Date Signed i KS1G 711__0 -7av Street Address o1,1_SN�cJ�Lo ^_!- - -9y7_ to73 _S8z3----- �� -is�- sB Signature Phone # Date Signed Xwo --- ��4j- - - - - -- Pa� y 3S PETITION OF OPPOSITION Re: Application by Albertson s, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off- street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. * This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. ---------------------------------------------------------- Name Printed Street Address �_4ms C) t� ----- 13�76a�_3_1__ Si ature Phone # to 5 geed rR Pr in d Street dress —- - - -- -- - -- -- — - - - - - -- �'- Signature P e # Date Signed Name Printed Street Address - -- - - -u� - - - -- s2` -' - -� Ain 1 w- !.-------------- Signature hone # Date Signed U N1Al o l��a 6 19_;_ --------------- - -' - -- --ame -- ------------------------------ N Printed Street Address Signature Phone # Date Signed c' - - -- -- - - -- -------- -_ZS_� �9_ -------- - - - - -- Rage 5 0 11 0 A;, V1NsojTW3'Wn 130 VW803 i4v LSY03 6,U 1`()1? m 03114133 000A swSlamw p.4 1. 1 11' I I fall M.,. , hl t1i W .. °'_' A pam ill: ILD • 6 � z 2i 0 tn I via I W pam ill: ILD • 6 � z 2i 0 tn t 1IN IT,, T5 EIi 1155 N5 iiii'l i u s 1;15 C4 W) 141 5 if 7-�f . 7 COUNCIL GINDA 4 '1 N 14 lit; il pam ill: hill. 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I iv I 14Y. -- !it tj J IV I COUNCIL AGENDA NO. 2 '99 .JIJN 11 A8:08 R • *le OP F;- ': " CLEiRA 3'_. \Cc To: Mayor O'Neil and the City Council @Fax: 949/644.3250 From: Janet Rappaport Date: Thursday, June 10, 1999 @ 9:13 PM Re: June 14, 1999 City Council Meeting ALBERTSON'S USE PERMIT ISSUE Pages: 3, including this Dear City Council of Newport Beach: This Monday evening, June 14th, numerous residents of old Corona del Mar will come before you to voice concerns surrounding the use permit granted to Albertson's by the Planning Commission. As you know the residents of old Corona del Mar have filed an appeal to the granting of the use permit. With that background I would like to make several comments. Since the Planning Commission meeting, the residents have been meeting with Albertson's to work out the issues that were left unresolved by the Planning Commission (actually the issues were resolved, but not in a manner satisfactory to the residents). Albertson's has been very cooperative. What concerns me, however, is the methodology that needs to be used by residents to make our voices heard. We like our community and we want it to be a nice place and a beautiful place to live. Somehow, though, a three minutes presentation to a Planning Commission (whose members are not really familiar with the area in question) just does not seem to allow for real communication and resolution of issues. So we have paid our appeal fee for the ability to bring this matter to the City Council who will hopefully listen to what we have to say. Our poinst are as follows: - ;.:.. pale 2 1. The parking situation in the neighborhood which is congested and is becoming more so due to ( I have leaned) the City granting parking waivers for businesses in the area. Residents want to park near their houses. That is alt. With the peculiarity of Jasmine and Iris streets not having an alley between them, this severely limits the parking options availabe to residents in the vicinity of Albertson's. While the Planning Commission discussed some alternatives, we were not sure (and l am still not sure having read the Planning Commission report) what exactly was decided. We need this parking agreement between Albertson's, the City and the community to be set forth clearly and precisely so we as residents know what our rights are if Albertson's employees are parking on the residential streets rather than the Albertson's lot or the Sayside public lot. 2. The truck deliveries (all kinds) should not be allowed, as Staff recommended in their report to the Planning Commission, except between the hours of 8 am and 8 pm. For reasons unknown, the Planning Commission deeded extend the truck delivery hour to 7 am. Since the neighborhood is congested and the noise is growing in the area from all of the traffic, we think that the 8 am commencement time will allow residents to get out of the neighborhood and to work before the trucks start rolling. It will also give the neighborhood some peace and quiet in the early morning hours. Pursuant to this, we recommend that the City recognize the 8am•8pm delivery time as a condition of the use permit so that if there are truck delivery violations, the residents can report this and the appropriate action can taken by the City . 3. Trucks should enter and exit Albertson's from and onto PCH, respectivley. This issue is agreed by Albertson's and simply needs (as I understand) the backing of the City. The trucks coming down Iris and turning on to Bayside present a great hazard to the many pedestrians crossing through the Sayside Paris area. Primarily, there are young children, who cannot be seen by the trucks as they come out from in between the parked cars. ( This creates a major hazard to children in general as well as adults such that the City should consider cross walks on Iris • • - but that is another issue and does not relate to the use permit.] There is also the heavy Saturday morning market people and so forth. Finally, with the recognition by Albertson's that they can indeed exit onto PCH, it would appear that any waiver of the restriction on the 2 ton trucks coming down Iris to Sayside should be revoked. L papa S 4. There are some additional miscellaneous issues concerning noise etc. such that the residents would Nke to have a "noise curfew" which coreeoonds to the truck delivery hours of 8 am •8pm It is my understanding that the discussions as to what this will ential are being carried out between old Corona del Mar residents and Albertson's and may include the running of trash compactors to be installed in the new facilty , etc. Those are the main points as I see them. I look forward to the Monday meeting and the resolution of these issues. In closing it would appear that the old Corona del Mar residents' appeal of the Alberton's permit is asking the City Council to modify the use oemlit oer the above rather than denyingor approving the permit as it currently stands. e Truly Yours i XaneV (�appapori 0 1 11 99 FRi 13'.53 r.k:t W.NlhA� UU1 "RECEIVED AFTER AGENDA PRINTED:" Date: June 11,1999 Newport Beach City Council City Hall 3300 Newport Blvd Newport Beach, CA 92658 RE: Albertson's CDM Expansion appeal Agenda Item for June 14, 1999 Dear City Council Officials, A group of concerned citizens in CDM Iocated near the store , which includes me, have diligently been working to bring light to an overall problem that we believe needs to be addressed, hopefully you have been following the story in the local papers. We have been encouraged, that behind the scenes Albertsons has been diligently addressing our concerns that we believe the planning commission overlooked, thus the reason for our appeal. Our main concerns are two. 1 Parking space deficiencies have received waiver approval time and time again. Impact : overflow into residential streets causing lack of parking locations for residents and beach visitors. 2. Truck route patterns that disrupt the peace and tranquility of the neighborhood, a severance issue possibly. Albertsons has agreed to purchase season passes for its employees and require parking there from opening to 7:00 pm after that, they can park on the Albertsons lot. (part of permit approval) They have voluntarily requested in writing that all employees refrain from parking on Iris Ave. We believe the wording is still vague, giving opportunity for noncompliance and no teeth for enforcement. Action requested on this issue: Modify the permit language so it is clear that Albertson must year after year purchase the permits. We desire compliance and more definitive language in the permit documents that would allow us, the neighborhood, more ability to pursue enforcement if necessary. Regarding the Truck route issue, arrangements are being finalized to adjust the route of the trucks to depart on Iris to PCH as opposed to Iiis/Bayside /Marguerite/PCH. City staff has agreed in principle to the change, some red curb areas would have to be adjusted, also OK with staff. As of this writing, Albertson's is getting engineering studies done for truck feasibility. Action requested on this issue: Modify permit to approve new truck route, Albertson should present this in the meeting on June 14. Revoke existing wavier that gives them permission to go down Iris to Bayside (currently "signed" to accept 3 ton limit trucks only) Me 11'99 FRI 13:51 FAX 362 7997512 SHAW CONTRACT GRUT 4002 We would like to keep our neighborhood as peaceful as possible. As the area continues to expand below the village on PCH , we must all be cognizant that our quaint little village could be impacted negatively and I am motivated to see you, the council take more of a presevationist attitude to keep our community thriving. Thank you for taking the time to read this letter and I hope you seriously consider my requests. Sincer W Keith Dean 403 Iris Ave CAM, CA 92625 949 - 673 -6801 Date: 6/14/99 Newport Beach City Council City Hall "RECEIVED AFTER AGEN A PRINTED:" # Subject: Albertson's, Inc. Use Permit No. 3650 Appeal Dear Mayor O'nneil : I am a resident of Corona del Mar, residing at 4121/2 Iris Ave. across from the proposed site for trash compactor for Albertson's store. Event though the concept of remolding is nice from the aesthetic point of view.. I have some concerns regarding the increase in noise level, traffic, parking, smell and truck route. If all these factors have been studied and investigated and it is incresed in comfort level, I support the project. Otherwise I would like the city planning commission to investigate a better. alternative solutions to these concerns. Sincerely. Fran Rahimi itm* "JFi — ' ' . .� �k. '�� --�. - . -. �� i:'=•' Vie:: June 14, 1999 Mayor Dennis D. O'Neil and City Council Members City of Newport Beach 3300 Newport Blvd. City of Newport Beach, CA 92658 Dear Mayor O'Neil and City Council Members: "RECEIVED AFTER AGENDA PRINTED: " - 13-1 "q ._ Re: Albertson's, Inc. Request for Use Permit No. 3650 and Off -Site Parking Agreement Albertson's is currently Not Our Store. We, as a cohesive neighborhood group respect and want to support you, the City of Newport Beach Staff, and the legitimate financial interests of local businesses. We also respect and want to support and protect the legal rights of Corona del Mar residents. We, as a community team, would like to help you, the City Staff, the six businesses on two adjoining parcels of land in the very heart of Corona del Mar at 3007 -3049 East Coast Highway, and E. Morris "Chip" Smith Jr., Trustee of the Smith Inter Vivos Trust, Newport Beach, the current owners of both parcels, to: - initiate and complete a thorough investigation into the many serious existing problems that are created by current violations of codes, occurring in the daily operations of these businesses, - the development of workable solutions with short- and long -range operational plans, and - the follow- through and enforcement of the action plans. We have recently formed the Village of Corona del Mar Residents Association to provide a forum and support for area residents who are experiencing how the many detrimental a/effects of the existing and rapidly accelerating growth of intensity of business in our statistical area is encroaching on and undermining our quality of life. We have appealed the approval of Albertson's Use Permit No. 3650 and Off -Site Parking Agreement because the existing problems that Albertson's creates must be resolved first. If that can be done completely, then we can 4 address our many concerns regarding the grocery store chain's current request to expand Albertson's Grocery Store. Tonight we are requesting that all of the above mentioned parties enter into a sincere and committed conversation, investigation, and resolution to these problems through a two-step approach. I. Legally establish an officially designated Shopping Center encompassing all six businesses on Parcels #1 & #2. Implement the Merger Ordinance in the Subdivision Code to combine the two commonly owned parcels. The off -site parking agreement that has been included in Albertson's expansion project only addresses the tip of the iceberg. Many crucial issues must also be thoroughly investigated and resolved now before any tenant expansion can be approved. In Albertson's effort to prove FAR Compliance for their expansion, the gross floor area ratio was radically lowered because " Abertson's building is located on a lot which is part of a larger site under common ownership, therefore the applicable FAR limitation is based on the area of the site as a whole rather than the individual lot. To ensure that the FAR limitation is not exceeded through further development on the contiguous parcel, staff has included a condition of approval which requires the applicant to file a covenant with the County Clerk's office which holds the two adjacent parcels as a single building site. By doing so, the applicant will be able to add additional floor area to the Albertson's building without exceeding the FAR and Building Bulk Limitations of the Zoning Code." Use Permit No. 3650, May 6, 1999, Page 4 of the Report. This justification and juggling of facts and figures is highly questionable, especially with the extremely high intensity of use of Parcel #1 for the statistical area, and the current code and Health Department violations that are occurring at three of the five businesses. At the same time, this FAR calculation provides a very strong case for combining the two commonly owned lots into an official Shopping Center. Parcels #1 & #2 owners -The Smith Inter Vivos Trust, E. Morris Smith, Jr. 949/645 -9228 Parcel #1 is occupied by a 10,720 sq. ft. multi- tenant commercial building with related off - street surface parking. The current tenants are: • B1ockBuster Video, 3007 E. Coast Hwy., Maly Siharath -store manager 949723 -5574, Doreen Russel- district manager 800/941- 2232x9049 • California Federal Bank, 3021 E. Coast Hwy., Jeanette Galpipeau- branch mgr., Machael Davis -asst. branch mgr. 949/675 -6547 800/843 -2265 Subleases two property sites to La Fogata and Pacific Shores Cleaners. • La Fogata, 3025 E. Coast Hwy., Hovshanc Khademi -owner 949/673 -2211 Use Permit No. 3235A. Conditions require on -site employee parking. Restroom facilities must be made available to customers. - Employees are parking off -site on residential streets. - Restrooms are not to code. The City and the County Health Dept. have been notified, have investigated, and have requested that an alternative solution be offered by June 1. That has not been done and the City should now begin issuing Administrative Citations immediately. • Pacific Shores Cleaners, 3027 E. Coast Hwy., Mr. Cho-owner 949/673 -6647 Use Permit No. 3355. Conditions require on -site employee parking. - Employees are parking off -site on residential streets. • Gina's Pizza, Inc., 420 Iris Ave., John Costa -owner 949/673 -1121 Corporate - 949/673 -4297 Use Permit No. 1761A. Conditions require on -site employee parking. Restroom facilities must be made available to customers. - Employees are parking off -site on residential streets. - Restrooms are not to code. The City and the County Health Dept. have been notified, have investigated, and have requested that an alternative solution be offered by June 1. This has not been done and the City should now begin issuing Administrative Citations immediately. (See attached City letters from Patricia Temple and Jim Sinasek) Parcel #2 is occupied by a supermarket facility with a gross sq. footage of approx. 18,169 sq. ft. built to the lot line, legally nonconforming due to excessive floor area, and does not provide any customer or employee parking spaces. The current tenant is: • Albertson's Grocery Store, 3049 E. Coast Hwy. Mary Helen Doran -store manager 949/675 -8901 Steve Cech - district manager, 1180 W. Lambert Rd., Brea, CA 92821 Mark Steinman - construction manager 714/671 -6100 Use Permit No. . Conditions include. (Info. not available) - Albertson's and vendor's product delivery large semi - trucks use a State of California regulation to allow them to violate the City's traffic laws, ignore No Trucks over 3 Tons Allowed signs, and travel several times daily down the narrow residential 400 -410 Block of Iris Avenue, on to Bayside Drive, on to Marguerite Avenue, then out to PCH. Numerous complaints have been made to City of Newport Beach Staff, Police Department Officers, and directly to Albertson's and no proper resolution was ever made by those parties to protect the rights and safety of the area residents. (See attached police reports.) -All employees are instructed by the Store Manager not to park in their parking lot. All employees park on already over - crowded residential streets. There are, and have been for a very long time, many serious problems concerning these two sites, including: - how the six businesses operate independently, without coordination, - disparity between each business' lease agreement and approved Government Regulations, Use Permits, Codes, Conditions, Waivers, Exemptions, Exceptions, and Special Agreements, - the issues of parking lot safety for pedestrians and customer vehicle traffic flow, - the delivery, garbage and construction truck parking, curfew hours, noise and diesel fumes pollution, and the ingress and egress routes and maneuvers in the parking lot and on surrounding residential streets, - where the many employees of all the businesses are parking daily. II. Modify the action of the Planning Commission with Additions and /or Clarifications of Conditions of the Albertson's Use Permit No. 3650, and Off -Site Parking Agreement. Modify the language of the Use Permit, Conditions, and Off -Site Parking Agreement to include: - Albertson's must purchase new Public Parking Permits yearly and when new employees are hired. - Albertson's employees will be parking in the nearby metered City Public Parking 1Lts at all times. The only exception will be when the blue pole spaces are full, at which time employees must park on -site on Parcel #1's parking lot at 3007 -3027 East Coast Highway. This must be enforced by Albertson's and the City or their Use Permit may be revoked. Must we continue to log license plates and put up with employees violating the condition of their employer's Use Permit? No, thank you. - Albertson's Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 8:00 am, daily. This was the City Staffs original recommendation. - Albertson's delivery truck routes for all trucks, including 18 -wheel semi- -:iv„�s� : t trucks, will be prohibited on the all residential 400 -410 Block of Iris Avenue. The new route for the oversized trucks will be to ingress and egress at the East Coast Highway parking lot entrance only. An Albertson's employee will assist in the egress of the delivery trucks, if necessary. A second alternate route, which is less favorable, less safe, and more costly, with the loss of existing parking spaces and the financial cost to Albertson's, is with the oversized trucks ingressing at the PCH entrance and egressing by turning right onto the 412+ Block of Iris, traveling to PCH, then turning right only. If necessary, a U -turn can be made at Marguerite Avenue. These and any other issues residents have brought to your attention, or that you are otherwise aware of, must be resolved prior to the granting of any new Use Permits, Parking Agreements, Exemptions, Exceptions, or Waivers by The City of Newport Beach for these six businesses. Current violations of Codes, Health Regulations, and Conditions of Use Permits must be investigated and the issuance of Administrative Citations with Fines, and the revocation of Use Permits may be necessary to enforce the compliance of these six businesses with their existing legal requirements and obligations. Additional Problems With Solution Options: 1. All tenant lease agreements must be made consistent with City Use Permit stipulations and conditions, especially employee on -site parking. For example, Albertson's Store manager has told managers of businesses on Parcel #1 that all of their employees are prohibited from parking in their own parking lot and have towed cars belonging to employees of Parcel #1 businesses. Blockbuster Store Manager Maly Siharath was told by her district manager that employee parking is provided for all employees in the front parking lot, then was told otherwise by Ms. Doran from Albertson's. Machael Davis, CalFed Assistant Manager, said she was also told by Ms. Doran that no employee parking is allowed in the entire parking lot. Ms. Davis said Ms. Doran has had bank and La Fogata employees cars towed away. Ms. Davis also said that Daphne Sanders, a La Fogata employee recently approached her and asked "If anyone from the City or the Health Department asks you, would you tell them that we allow customers to use your bathroom from the back entrance ?" and Ms. Davis told her "No" and explained to me that restroom is used by bank employees only. Then she said that Ms. Sanders said "Hov t�. might be getting in touch with you about it" but that he has not contacted her yet. I spoke in- person with Ms. Siharath and Ms. Davis about these issues and events at noontime on June 12.(See attached City letters.) Albertson's will be solving this by purchasing City blue pole parking stickers on an annual basis for all employees. 2. All tenant truck delivery schedules, curfews, and routes must be jointly approved and coordinated. The proper scheduling and coordination of days and times of frequent deliveries by the many different vendors, for Albertson's, Gina's and La Fogata especially, will best serve all businesses, customers and residents. Currently, the constant onslaught of delivery, garbage, construction and maintenance trucks causes street traffic gridlock with trucks parking on red curb areas further limiting movement on already far too narrow residential streets, and filling multiple spaces on the streets and in the parking lot, and blocking customer's vehicles from exiting the on -site parking spaces. The two new routes for the 18- wheeler semi - trucks that are in the final approval stages will greatly relieve the extremely detrimental affects the huge trucks now have on the residential 400 -410 Block of Iris Avenue. Another suggestion that was made this weekend at the Vision 2004 Design Charette for the Village of Corona del Mar was to add a light signal at the intersection of PCH @ Jasmine and the entrance /exit to the Albertson's Shopping Center. CalTrans is looking at adding 2 -3 new signals along PCH in CdM. Please investigate this and run traffic models as soon as possible. 3. Define and enforce delivery truck and refuse collection curfews, and trash compactor noise and operation limitations. The City staff recommended as Condition #6 of the Albertson's Use Permit No. 3650, May 6, 1999, Page 10 that "Deliveries and refuse collection for the facility shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this Use Permit." The neighborhood residents believed this was fair to all parties, but then at the Planning Commission Meeting, Ed Sellch said "we'll give you 7 a.m. to 8 p.m." Mr. Selich told us over the weekend at the CdM meetings that he may have been confused and told us to as you to return the hours to 8:00 p.m. and 8:00 a.m. This one hour is crucial for us to get to work and deliver our young children to school without having to tussle with over -sized delivery trucks blocking our paths. It is also Important that these same hours be made the same for Gina's and La Fogata's deliveries and refuse collection. This past Saturday, June12, I was awakened at 5:55 a.m. by a loud truck motor sound. When I finally went out at 6:20 a.m. to investigate the source, I met a nice young man in a refrigerated produce delivery truck waiting for a Gina's employee to show up to meet him. He said that he couldn't turn off his engine, and that now all of his other deliveries for the day would be thrown off a lot. As I was speaking to him, an Albertson's 18 wheel semi -truck pulled in at 6:25 am. and backed right in to the delivery bay and went inside the Albertson's building. Mark Steinman and Steve Cech said that the new truck curfew times would me adhered to immediately. Also, they were asked by commission members if a chain could be put up across the delivery bay so that any early or late arriving trucks could not get in and would remember not to violate the prohibited hours again. No chain is in place and we still hear and watch Albertson's delivery trucks violate the time limitations. How is this going to be enforced? Who else wants to be in that parking lot at 6 a.m. on a Saturday? 4. All commercial store signs must be investigated for legality. Mr. Selich pointed out that two signs on Parcel #1 along PCH , one for Gina's and one for La Fogata, are displayed illegally and that both signs were put up without permits. The Blockbuster video sign is also quite inappropriate and looks non - conforming to the area. Are the signs on the wall backing Iris up with permit approval? Please investigate. 5. Place speed bumps, crosswalks and pedestrian crossing signs on the 400 -410 Block of Iris to slow down speeding vehicles and reduce the extremely heavy now of traffic. The delivery trucks are very frightening, but even if they lesson or are rerouted in total, all of the other speeding vehicles that actually accelerate as they pass by or approach the Bayside Drive Park Playground and Green Belt Crossing along the all residential 400 -410 Block of Iris Avenue above the intersection of Iris Ave. @ Bayside Dr. are a severe problem. There is a sloping decline as a vehicle exits the Albertson's Shopping Center near First Avenue and moves south toward the Pacific Ocean and Bayside Drive on Iris Avenue so vehicles and heavy trucks have a natural tendency to increase speed. In addition, because that section of Iris Avenue ends at Bayside Drive, and there is a clear view of Bayside Drive traffic going both directions, it is very common for vehicles and trucks to roll and /or blow through the intersection, ignoring the posted Stop sign and violating the law. This is another reason speeding drivers accelerate as they near the City Playground and the Greenbelt Pathway Crossing. �s Thank you for your time and - attention. We appreciate you! Sincerely, Susan C. Clark Dean 403 Iris Avenue Corona del Mar, CA 92625 Following is a list of area residents who have signed a Petition of Opposition of approval for Albertson's, or any of the six businesses on Parcels #1 & #2, request for new Use Permits, etc. until the issues mentioned above are addressed and resolved. I originated, circulated and submitted the Petition for Opposition forms. Keith Dean Susan Dean Eric Parker Janet Rappaport Kimberly Cole Virginia Cole Pauline Wall Main Wall Shirley Conger Greg Kuzniewski James Leonard Edward Foster Helen Foster Richard Wright Betty Wright Thomas Ronk Julie Garn Bill Maloney Sharon Rossi Fran Rahimi Janet DiChiro Arnold Blumenthal Richard Saul Eileen Saul Barbara Hughes Ada Watson Tim Rhone Gail Sorotsky Don Sneddon Roberta Tripoli Tara Perkins Gilbert Luna Pc uj, w;,z6o+n Mailing L. 4. 459- 184 -08 WIRGLER,KENNETH M & JAN 207 VIA KORON NEWPORT BEACH 92663 -4912 459- 184 -11 FRANKE,GLEN E TR 2569 SHORELINE RD BRADLEY CA 93426 -9646 459 - 186 -01 SCHUNK,LES 3000 E COAST HWY CORONA DEL MA 92625 -2209 459- 186 -04 ZOTOVICH,STEPHEN 840 NEWPORT CENTER DR 4 NEWPORT BEACH 92660 -6323 459- 186 -13 CHAN,HAKCHILL TR PO BOX 523 CORONA DEL MA 92625 -0523 459- 186 -16 CARSON,TAMAR 3336 E 32ND ST 217 TULSA OK 74135 -4442 459 - 186 -19 MAMIE MARPLE INC PO BOX 1945 NEWPORT BEACH 92659 -0935 938 -01 -109 BRAEGER,JOHN 428 HELIOTROPE AVE CORONA DEL MA 92625 -2924 938 -01 -259 ROS_SI,SHARON M 402 IRIS AVE A CORONA DEL MA 92625 -2926 938 -01 -262 H6LS -TE; HARVEY b --TR 400 IRIS AVE CORONA DEL MA 92625 -2926 459- 184 -09 CHESEBRO,OREN J TR 1032 WHITESAILS WAY CORONA DEL MA 92625 -1542 459- 184 -13 BADOLATO,STEVEN & CHERR 586 NYES PL LAGUNA BEACH 92651 -4145 .459- 186 -02 - WILSON,CAROLYN S TR 510 IRIS AVE FL2 CORONA DEL MA 92625 -2223 459- 186 -11 COSTA,GIOVANNI P TR 216 EVENING CANYON RD CORONA DEL MA 92625 -2636 '459- 186 -14 - HUEYN,TRACY 509 JASMINE AVE CORONA DEL MA 92625 -2309 459 - 186 -17 CARSON,TAMAR 3336 E 32ND ST 217 TULSA OK 74135 -4442 459- 186 -20 MAHGEREFTEH,MOUSA K PO BOX 5951 HUNTINGTON BE 92615 -5951 938 -01 -219 MIKOS,MEAGHAN A 410 HELIOTROPE AVE CORONA DEL MA 92625 -2921 938 -01 -260 CAMILIE,BONO G TR PO BOX 1259 COSTA MESA CA 92628 -1259 938 -01 -312 BATTAGLIA,VINCENT J PO BOX 5315 CAREFREE AZ S5377 -5315 459- 184 -10 WATSON,FRED B TR 1442 BEDFORD RD SAN MARINO CA 91108 -2003 ,459- 184 -14 MURRAY FAMILY 401 JASMINE AVE CORONA DEL MA 92625 -3037 -.459- 186 -03 - WILSON,CAROLYN S & ESTE 510 IRIS AVE 1/2 CORONA DEL MA 92625 -2223 -- HOWELL,RUSSELL K 513 JASMINE AVE CORONA DEL MA 92625 -2309 459- 186 -15 WILLIAMS,DAVID C 3100 LA SOMBRA WAY FULLERTON CA 92835 -1416 459- 186 -18 MEGROZ,RENE 601 DIAMOND ST LAGUNA BEACH 92651 -3405 938 -01 -108 MATIJEVICH,ANTHONY & VI 428 HELIOTROPE AVE CORONA DEL MA 92625 -2924 938 -01 -220 DRESDNER,ALLAN B PO BOX 56 CORONA DEL MA 92625 -0056 938 -01 -261 RAPPAPORT, JANET K 400 IRIS AVE C CORONA DEL MA 92625 -2926 938 -01 -313 .DRESDNER,ALLAN B 405 JASMINE AVE CORONA DEL MA 92625 -3037 � L s_- . ..- ;:. .- �. � .- �-�.A� —__ �,......_ - _.ata ^.zv�'�.`�'k�3�- R�.�.ac .�_�, .v..:._.sa... .�.rs.: -• 459 - 181 -01 SNEDDO_N,DONALD F 400 HELIOTROPE AVE 1/2 CORONA DEL MA 92625 -2921 459- 181 -04 STOCKWELL,RANDOLPH B 406 HELIOTROPE AVE CORONA DEL MA 92625 -2921 459 - 181 -08 TAUSSIG TRUST 414 HELIOTROPE AVE CORONA DEL MA 92625 -2921 459- 181 -12 BENVENUTI,DAVID & LEANN 106 LINDA ISLE NEWPORT BEACH 92660 -7210 1459- 181 -15 ' MUGAR,BURGE TR 5515 E CREST DE VILLE A ORANGE CA 92867 -3331 459 - 182 -15 ALBERT,RICHARD & ROSEMA 339 CLEO ST LAGUNA BEACH 92651 -2413 459- 182 -18 ALLEN,ROBERT W TR 3801 MARCUS AVE NEWPORT BEACH 92663 -3235 459 - 182 -21 MALONEY,EDNA M TR 1576 TULANE RD CLAREMONT CA 91711 -3424 459- 183 -04 MANCLARK,WILLIAM R TR 313 E BAY AVE NEWPORT BEACH 92661 -1227 459 - 184 -05 WILSON,JOSEPH A JR TR 413 PINECREST DR 459 - 181 -02 WRIGHT,RICHARD H 402 HELIOTROPE AVE 1/2 CORONA DEL MA 92625 -2921 459- 181 -05 PARKS,DAVID L & BARBARA 408 HELIOTROPE AVE CORONA DEL MA 92625 -2921 459- 181 -09 FAULKNER,ROBERT O & JOA 442 BEGONIA AVE CORONA DEL MA 92625 -2839 459- 181 -13 FARRELL, EDITH 1321 BAYSIDE DR CORONA DEL MA 92625 -1707 459- 182 -13 SIBLING ASSOCIATES I 2699 WHITE RD 150 IRVINE CA 92614 -6258 459- 182 -16 ' ''• FOSTER,EDWARD A & HELEN 2501 1ST AVE :' '74 -.- C//O''RONA DEL MA 92625 -2851 459 - 182 -19 LYNCH,DANIEL L & GAIL M 1239 SURFLINE WAY CORONA DEL MA 92625 -1322 459 - 182 -22 O WILLIAM,SAUTER TR 711 N BAYFRONT 1/2 NEWPORT BEACH 92662 -1139 459- 184 -03 TRIPOLI,ROBERTA J TR 404 IRIS AVE CORONA DEL MA 92625 -2926 459- 184 -06 COLE,VIRGINIA R TR 410 IRIS AVE 459 - 181 -03 GRAY,THOMAS A & PAMELA 1718 PORT ASHLEY PL NEWPORT BEACH 92660 -5334 459- 181 -07 MARTIN,ROGER C TR 412 HELIOTROPE AVE CORONA DEL MA 92625 -2921 '11459- 181 -10 WALL,MAIN S TR 413 IRIS AVE CORONA DEL MA 92625 -2927 459- 181 -14 DEAN,KEITH R & SUSAN C 403 IRIS CORONA DEL MA 92625 -2927 459- 182 -14 TRIZZINO,AKIKO PO BOX 2354 COSTA MESA CA 92628 -2354 459- 182 -17 HARDY,RICHARD A 1401 N HARPER AVE WEST HOLLYWOO 90046 -3710 459 - 182 -20 CHILDS,ROBERT D TR 611 N BAYFRONT NEWPORT BEACH 92662 -1140 459 - 182 -23 WATERS,EDWARD L 440 HELIOTROPE CORONA DEL MA 92625 -2924 459- 184 -04 SHAPIRO,PRICE L TR 3140 RED HILL AVE 170 COSTA MESA CA 92626 -3440 459- 184 -07 BOHART,RANDY & BONNIE 409 MORNING STAR LN ll,lu 0�rrn -F712 459- 191 -01 459- 191 -02 459- 191 -03 HUGHES,BARBARA J MORRISON,VIOLA B TR JEDZINIAK,FRANCIS J TR -400 JASMINE AVE 402 JASMINE AVE PO BOX 21 CORONA DEL MA 92625 -3036 CORONA DEL MA 92625 -3036 CORONA DEL MA 92625 -0021 459- 191- 04':,'`. - LAWRENCE,PATRICIA L 406 JASMINE AVE CORONA DEL MA 92625 -3036 459- 191 -07 SCHULEIN,JEFF M 15 LINDA ISLE NEWPORT BEACH 92660 -7205 459- 191 -10 WHITESELL,BARNEY B TR PO BOX 7988 NEWPORT BEACH 92658 -7988 459- 192 -02 COX,MYRTLE L & DILLON R 1781 SHADY CREST PL EL CAJON CA 92020 -1335 459- 192 -05 3ANSON,GARY & SHARON 560 OLD MILL RD 3AN MARINO CA 91108 -1736 159- 193 -01 !EO,RONALD W TR iO4 IRIS AVE :ORONA DEL MA 92625 -2225 59-195 -03 .SHTON,HOWARD TR 08 ORCHID AVE 'ORONA DEL MA 92625 -3014 38 -01 -279 AJEK,ROBERT 02 JASMINE AVE DRONA DEL MA 92625 -2308 38 -01 -282 JGELL,RICHARD B )4 JASMINE AVE B )RONA TWT, MA ooc�c 459- 191 -OS MALDONADO,CAROLINA 408 JASMINE AVE CORONA DEL MA 92625 -3036 459- 191 -08 FOLSOM,HOWARD T TR 3121 E COAST HWY CORONA DEL MA 92625 -2330 459- 191 -11 WHITESELL,BARNEY B TR PO BOX 7988 NEWPORT BEACH 92658 -7988 459- 192 -03 LIU,JIN Y TR 57 CAMBRIA DR CORONA DEL MA 92625 -1004 459 - 192 -07 PORTO,JOSEPH & PATRICIA 3100 E COAST HWY CORONA DEL MA 92625 -2301 459- 195 -01 M & H BENVENUTI TR PART 474 E 17TH ST 204 COSTA MESA CA 92627 -4700 938 -01 -083 KEUSDER,WALTER W & DANU 31941 PASEO SAGRADO SAN JUAN CAPI 92675 -3395 938 -01 -280 ARTMAN,JOANNE PO BOX 553 LAGUNA BEACH 92652 -0553 459- 191 -06 SCHULEIN,JEFFREY M TR 15 LINDA ISLE NEWPORT BEACH 92660 -7205 459- 191 -09 SCHULEIN,JEFFREY M TR 15 LINDA ISLE NEWPORT BEACH 92660 -7205 459- 191 -14 SANDERSON J RAY RITE AI 2699 WHITE RD 150 IRVINE CA 92614 -6258 459 - 192 -04 BLUMENTHAL,MAGGIE & ARN 427 LARKSPUR AVE CORONA DEL MA 92625 -2315 459- 192 -08 BROWN,JEFFREY J TR 2715 WINDOVER DR CORONA DEL MA 92625 -1330 459- 195 -02 FRANKLIN,MICHAEL D TR 416 LARKSPUR AVE CORONA DEL MA 92625 -2314 938 -01 -084 AIKMAN,SHANNON C 501 LARKSPUR AVE 1/2 CORONA DEL MA 92625 -2317 938 -01 -281 THOMPSON,FRANK TR 504 JASMINE A CORONA DEL MA 92625 -2308 ZA#. Susan C. Clark Dean 403 Iris Avenue Corona Del Mar, CA 92625 Dear Susan, May 7, 1999 I was recently contacted by Mark Steinman and Steve Cech at our Division Office. They have brought some of your concerns regarding truck traffic on Iris Avenue to my attention. I would like to take a moment to inform you of the measures we will be taking to help alleviate these issues. Albertson's drivers will be instructed to adhere to the following guidelines: All deliveries by Albertson's trucks will be made between the hours of 7:00 AM and 8:00 PM Drivers will adhere to the 15 mph speed limit while on Iris Avenue and observe all other traffic regulations and guidelines While some unfortunate accidents or incidents do occur, Albertson's has an excellent overall safety record. We attribute this record to high standards and our driver's abilities and professionalism. Albertson's is committed to safety and professionalism among our driving fleet. We attempt to do everything possible to ensure the motoring public that our drivers and vehicles adhere to all Federal, State, and Company policies and regulations. We also strive to ensure that our neighbors around the stores experience minimal disturbances when we make deliveries. I apologize if any of our drivers may not have followed the guidelines listed above and caused you to become concerned. Please feel free to contact me if any incidents occur in the future that you would like to discuss or bring to my attention. Sincerely, Carl Loeffelholz Transportation Manager Albertson's Distribution Center ALBERTSON'S, INC./BREA DISTRIBUTION CENTER May 18, 1999 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 COMMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949) 644 -3200 Susan Dean 403 Iris Ave. Corona del Mar, Ca. 92625 Subject: La Fogata Pacific Shores Cleaners Gina's Pizza Dear Ms. Dean: Attached are copies of letters we have sent to the subject businesses in the Albertson's shopping center. The letters are a follow -up to your request relative to the availability of restroom facilities and on -site employee parking. Thank you for bringing these issues to our attention. To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at (949) 644 -3215. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple, Director Un Enforcement Supervisor Xc: ( Ahaion Wood, Assistant City Manager Marc Myers, Associate Planner -� .. • r '`� � .,�s'� ��:;: f "'" '' � .�aaa�.W.+dlswi�e�ir.'a;'�.. r ,;.m May 18, 1999 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 COMMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949) 6443200 Pacific Shores Cleaners 3027 E. Coast Hwy. Corona del Mar, Ca. 92625 Attn: Mr. Cho Subject Property: 3027 E. Coast Highway (Pacific Shores Cleaners) Newport Beach, California Re: Use Permit No. 3355 This office has been informed that employees of your facility are no longer using the on -site parking lot for their vehicles. Should this information be correct, your business would be in violation of Condition No. 10 of your referenced use permit. This condition specifically requires that "all employees park on site." Hopefully, this letter will prompt your assurance to have all your employees park on -site as required. Should this matter continue to come to our attention you are advised that the City will vigorously enforce your adherence to the requirements of the referenced use permit. We would like to take this opportunity to thank you for your anticipated cooperation and understanding in resolving this matter. To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at (949) 644 -3215. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple, Director By: b��Ii(�� Ii✓L ex / e Enforcement Supervisor Xc: Morris E. Smith, Trust 501 Via Lido Soud Newport Beach, Ca. 92663 May 11, 1999 F t CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 CORMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949) 644 -3200 Hovshanc Khademi % La Fogata 3025 E. Coast Hwy. Corona del Mar, Ca. 92625 Subject Property: 3025 E. Coast Hwy., Corona del Mar, California Use Permit 3235A Dear Mr. Khademi: As a food establishment with seating, it is incumbent upon your business to make bathroom facilities available to your customers. Accordingly, because a restroom already exists, we suggest you contact the owner of Gina's Pizza, at 420 his Ave. and, together, provide a rear door accessible to the communal restroom facilities with an identification on the door to those facilities. You may then direct your customers needing restroom facilities to the his Avenue entrance door. As a reminder, the doors are to remain unlocked during business hours. Additionally, we would like to remind you to insure that all employees of your facility are parking on site, as required by your above referenced use permit These issues should be accomplished and completed no later than June 1, 1999. Failure to accomplish this task will result in the issuance of an Administrative Citation(s). To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 5:00 am or 3:30 to 4:00 p.m at (949) 6443215 Very truly yours, PLANMNG DEPARTMENT Patricia L. Temple, Director Enforcement Supervisor Xc: &Morris E. Smith, Trust 501 Via Lido Soud Newport Beach, Ca 92663 Faysal Jurdi, Chief Plan Check Engineer, Building Department Charles Spence, Code Enforcement Officer —mnmw—) 4ncm maum CASE sTATus. 0 PC 0 opmN 0 amm wl.)?o wo-M RIP : Susan DEAN STREET 403 Iris Avenue crry Corona Del Mar STATE CA zip 92625 Homm PHONE (714 ) 673-880I 0 BUSINESS PHONE 13 DATE opEm 1-31-94 r)A7s CLOSED 5/16194 CONTACT DESIRM? 0 YES ONO CONTACT HOURS COMP111kint: STREET USE Delivery budw using side streets to oxft Ab~'$. ....... . . . ....... . ........ LOCATI]ON: Iris Avenue CROSS STREET: Salt Coast RD* 44 .-.. — — — — -------- MASS: E3 ALL M VARIOUS 0 AM RUSH 13 PM RUSH (3 LUNCH HOUR E3 SCHOOL MRS 0 BUSINM DAYS: MALL 13SUN 13MON 13TURS OWED 13TRU 0 FRI (3SAT Scanning: Problem Ident cation WbatisdwpmbkW where /when dose itowW who lo impaled and why? Analysis: Ddffmim!� the Problem's Cnuttte, scone WIAbIbrukifimlonmded? who islimmKisdby the probiZ in C, oatamw, what an we Data I Tina w _... an Of NEWPOKr am* CITY STAFF TR04FFIC AFFAIRS COMMITTEE M I N U T E s oatela) OAT& AM 27, 1004 ��i{t Dam TM . 3300 PAL axUtwnw M MFMWN M PLACID FW OWMtT ff CO1M0 ANO MW 1. xUffiffmoa Bn*dwr AsNefwrt Traffk Fnpkner, Traffk Engkowpq fth w. Pawn ft Saw"sov Traffk &Vkwoft 2r INK= 1. M86*4 Cskd to oMw at 3:04 p.m. 2. Minuon for 3.23.94 Mnvsd as U&nittsd. 3. Nero. 4. a. RsgUSst by Judkh Gardnw for Av rastrlcdat of between Rkat errw and 8ayskde 011ve. Comm dN Mar Stan Dk+sctar IMsry HOW Doran/076..9gp!) and the Compsny's nnspaadon Rsprasentoj" (Chuck WiW1990*8289) vvwo present to answer qusstkx*e. Mot of Albwtow's goo proowy staa an loco" In �S, Thk Soon has been open for M yews history of truck aeddsna invalvhq can or pedesMans. Truck drkws pw$w%pir ply for any *ksts reeabed. Afbwow's stand then am supposed to be no dW variaa from !0 P.M. to 8 a.m. Hovwvw, dtbxwr stated that she has herd Vucks at 2:90 a.m., 8:30 S.M. WW 1 ! a.m. Four to fhre trucks go by In a day and erratS noise po&,Wn. Then an 20.30 dBtersM; vwxk n swvkhV olds atop. The way way to control drawn of WWvW vendor trucks Is to nseict the hours of shi WMg and rwWvkq. The UdUW pole Mar the natrlca nansuw sb ft. Od w exit MUMS hew bean VW. AN trucks a f►sroW lot exk to kls eha n MS routes. Albertson's trucks can exit via Iris. even fhouph CVC >�t AbeKSOn s bvdrs, have Is the v* roue then asml- trucks cur go* Udles. stns erg potted, because d* Tnrcks errtw stag from PCH; cross the front of the stop: Mum Mawud Irb; back Up m daNvinp door. trucks go down Jasmine, HpM on Feet, rlaht an kit, right at fhe mwket and exit bad* to Chb:en s*rppselsd heft a f oomen duet Wuck traffic bad* onto PCH at Iris. Edmonton stated that Oft is rat lepd: It Is not Safe to amp PCH trafHo. ResWsnNsl strsett pneertt a sloww speed of Cars, baw vioNky. From ft store, U*rckt tum nordrbbund Iris to Oo right on PCH ady when sa% a adequate tuminp radio Is avaNabM. CITY of NE1All M MAIM '- CITY STAFF TRAFFIC AFFAIRS COMMITTEE M 6 N U T E 6 error DATES AMYL 27, 19% MAW TM 3900 I.M. aawaa7aw M �aaer�w w fKACE: rasa Dat•,IIRM>•ff CONlrYI/10i ROM Newman suggested that the Store Pat routee at the urdoading gone and at bia for tr cirs to not exit. Delivery trucks can make a right-turn only. Signs must be Posted on private Property. Closer Stated cat exhaust Ames blow Into park where children play; children could be run over by trucb. Abwuods TranapmUrdon ROWWO "M said that 81 AlbOMM's woks meet EPA stardada. Edmonton said that CHILDREN AT PLAY ailing have no Impact an drivers. Edmonton moved for minimal use of reaidamial aide WOM O&MMIornal Program for vendors; Polite to cite trucks, scheduled delivery tines who" children we not on eVeete; distribution of truck route maps to vendors and AlberNoWs trucks. The route map Is to be sent to area residents. Traffic EMk"W and Lt. Newman. Newnan sweed. b. Request by Golden Spoon for one green gone at 2446 East Cost Hlghway. Edmonstom moved that Traffic Enilinew" will write Caandl memo for green zone and submit ancroachment to CALTRANS. Newman agreed. c. Request by Poke Department to convert *Ws*v red an on Mer Vista to a white sans a4acent to Corona dal Mal Hlgh schad. Police have observed that this red sea is a very convenlent and cor K011Y used area to Pik up achool children. Edmonston moved to post the are as a loedkq goes during school hove from 7:30 a.m. to 3:30 P.m. and open paridng dud" other hours. Newman concurred. ,,.: u.• a. Marks Avenue. Balboa Island merchants want to convert boding :ones on Marine, which are In effect from 7 a.m. to 8 p.m. day, to regular parking apace s during the p.m. Loading zone padit will be limited to 7 a.m. to 12 noon., than two -hour pwkbtg. Newmen stated that, due to street sweapiq wdofcen wK in other areas, this location Is not patrolled on a regular be& Urri1 the P.m. Offatreet Commtttee agrees roc extend 2-hour parking until 10 p.m. f. None., 7. ADJOUSIMM Meeft adoemed at 3:80 p.m. _r CITY OF NEWPORT EEACE OFFICE OF THE CITY ATTORNEY January 7, 1994 TO: Lt. Tim Newman, Police Department FROM: Laura Sheedy, Contract Attorney RE: Albertsons' Truck Traffic You have asked whether California Vehicle Code 5 35703 exempts Albertson delivery trucks from the prohibition from trucks over three tons gross weight using Iris Avenue. Answer: Vehicle Code 5 35703 does provide an exemption for delivery trucks from weight requirement prohibitions. However, in this case, the trucks have direct access to Pacific Coast Highway, which is a trucking route. Therefore, Vehicle Code S 35703 is inapplicable. Analysis: The residents of Iris Avenue are complaining of noise disturbance from the delivery trucks which service the Albertsons' store on East Pacific Coast Highway in Corona Del Mar. Those trucks exit the Albertsons' store down Iris Avenue to Bayside Drive to Marguerite and back to Pacific Coast Highway. The trucks have direct access to Pacific Coast Highway from the Albertsons' store, however, it is more difficult to use that access because of vehicles parked in the parking lot and because it is harder to turn onto Pacific Coast Highway from the store than it is from Marguerite. Newport Beach Municipal Code S 12.32.020 prohibits commercial vehicles exceeding 6,000 lbs. gross weight from being operated on Iris Avenue between Bayside Drive and First Avenue. This includes the section of Iris used by the Albertsons' delivery trucks for exit from Albertsons. California Vehicle Code 5 35701 provides that a City may prohibit the use of a street by commercial vehicles exceeding a maximum gross weight limit. Section 35703 limits the authority to prohibit commercial vehicles coming from unrestricted streets over a restricted street when "necessary" for the purpose of making pickups or deliveries. The exception in S 35703 does not apply in this case because the delivery trucks have access to Pacific Coast Highway directly from the Albertsons' parking lot. Therefore, it is not "necessary" that they use Iris to leave the delivery area. California Vehicle Code Sections 35701 -- 35704 authorize regulation of business and commercial vehicles on City streets in the furtherance of the orderly conduct of traffic, safety of residents, protection and preservation of streets, and the general welfare of the community. But, these sections also allow vehicles to be used for their proper functions while they are necessarily in such use. A route which is more convenient, suitable or comfortable, or if it merely makes the task less difficult, does not mean it is a "necessary" route if there is an alternative unrestricted route available. Ratkovich vs. City of San Bruno (1966) 245 Cal. Ap. 2d 870. In that case, the City of San Bruno charged a gross ton fee for using the restricted streets. The Court further held that since the City had the power to prohibit the use of the streets by vehicles exceeding the weight limit, it also has the included power to waive the limits by issuing a permit subject to compliance with reasonable conditions. Pursuant to the Vehicle Code, the City may completely prohibit trucks on Iris. It may also decide to limit the times during which trucks may use that street for the welfare of the community. If a truck is cited for violating the weight limit of the Newport Beach Municipal Code as it relates to Iris, that cite is proper unless we have in place the further exception allowing trucks between 6:00 a.m. and 10:00 p.m. L� LSS:wb _ . >.r..'- 1�,'w,x - "ter+ Y`e.. -,. •sue. - "�,ax�t.aM. ... _..r : . s -V � :�:.��i+ �,.- _ CITY or 11NMUT 3)nos O"ICE 07 Vn CITY &T oun March 21, 1994 TO: Rich FAmonston, Traffic Engineering FROM: Laura Sheady, Contract Attorney RE: Albertsons' Truck Traffic After having spoken with you last week, this memo will clarify my January 7, 1994, opinion regarding whether delivery trucks can use iris Avenue to exit the parking lot at Albertson ' on Coast Highway. That memo was based on my understanding that commercial vehicles have access to and from Coast Highway, and the difficulty of using that route was not a justification for taking an alternative route down residential streets. You have since indicated that the trucks do not have access to Coast Highway because the Albertson' parking lot is designated for one -way traffic coming from Coast Highway into the parking lot. Because the trucks do not have access to exit the parking lot onto Coast Highway, they may use the restricted City streets. vehicle Code f 35703 limits the City's authority to prohibit commercial vehicles use of restricted streets when necessary for the purpose of making pickups or deliveries. Because the trucks cannot leave Albertson via Pacific Coast Highway, they may utilise the restricted streets pursuant to the exception at Vehicle Code 1 35703. LSS:wb cc: Bob Burnham i # vim. code M d le L mood AnlhWW" §§86700. Au&%odW to Pasft Iae:eae & W Tha legislative body of any County or city many by ordinance permit � , 'vas j�uid i of a mssimum g weight in of the maxi- "� ways their mum gross weight of vehicles and bads specified in this Dods.,• (b) This sad= doss not apply to Auto highways. NMI. Deeraases by Me& (a) Anyaibmorowmtyforaresidencedistrict ,maysbyor finance , prohibit the use of a street by any camomer W vehicle or by any vehicle exceeding a maximum gross weight limit, emoept with v psot to any vehicle which is Mdd@d to SWUM 1081 to 1088, inclusive, o( the Public Utilities Code, and except with respect to vehicles used for the collection and Uwapetation of ��aountye, whou the solid weds rubbish, or room using traditionally used routes under Section 66780.1 of the Government Code! a to ��eaoh traditionally used route used for the purpa of tranrportingf rubbish. or refhae which intersects with a local or regal arterial route contained within a oily or co ntys haft circulation element and which provides access to a solid wub lion-' site. (b) The ordinance shall not be effective until te signs era erected indI ting either the streets affected by the �or the streets not affmind, as the load authority determines will bast serve to give notice G( the onunam & (a) No ordinance adopted pursuant to this seodon after November 10, 18890 shill apply to aqy state highway which is included is the National System of Iatsrstate and Defense Highways. =ept an ordimamos which has been approved by a two-thirds vote of the California Transporlaticn Com- m (d)) The solid waste managament plan prepared under Section 66780.1 of the Government Code by San Diego County may designate the b"tion- ally used routes. (a) used route,' ibr purposes of this auction, means any street used for a period of one year or more as seem to or from a solid waste disposal site. (An omW by State 1968 ch 187$ Soste 1987 cif 616.) §3670!. Approval of Peeltosad Ordiaaaoe. No ordinance prepoesd under Section 86701 is effective with respsd to of the local k 0"� is not under the am highway authority enacting the ordinance, on in the case d� highway, until the ordinance bas been submitted by the governing body of the local authority to, and approved in writing by, the Department of Transportation. In rube§ a payvposa 1 ordinance to the department for approval, the ing load of the l authority shall designate tbwein, an alternate route use of vehicles, which route shall remain unrestricted by any local regulation as to weight limits or types 0f vehicles so long as the ordinance proposed shalt remain in etfeet. 1U approval of the proposed ordinaaaeby the jepa:homat ot'lYansportatiom @bell constitute an approval by it of the alternate route so designated. No such ordinance which applies • d� � date Amy �� of interstate and wsys, shall until such diaap- - + Oaozai Silo W proud has been mmired in by a Poku'll the vats afthe CalifarnlaT"ne" tsdon CAmmisdon. � pursuant m u�amatr►eW + having ingress and Commercial vablelas epees by direct route to and I a Trim Ofd Omb, warm and street when �� purpose of maldn0�'� oPsr °� on tLs a met or for xvid bona fide fivm or to any the purpose of mataor m to be used o f OW ��W or structure which a building permit has lu'e'vi*nsi' been upon the restricted obtaind _ No ordinance adopt to 701 to deaeasa "aw- limits andl app>3+ m am vAde owned by a Pablie VAIRI ► or a liaeased while rofaany p� ud t� (A by M aoa067 c X37 inatanatian' or Usownr* in =0 in Mob 1189ak s91J IN70L S aR M&nW Uaw Tags Prude m Cfti► skh%m"m Sectiaan 86701 stall not be appliaaWs to azW City etn t an whiab money f,. the State Hipb.W AOCOant inn the &ats'hanart+�► Fund hub.ea or is used for coostr uedon at maintemmee °seep, ink to as the legislative body of the eitX slier notice and bearing dete mi dS to r6d as weight limits an auah streets Notice of the ant � � advise provided m See" 8084 of the Government '!b action and sh� � sub written and oral OWactims to the proposed p � f d" ewm o( such oweadons. The time ibr and the hea nabe held less than 60 days after, the =be a >iY of notim be sba11 be aided All objectims an sds4uaw oppmp ty considered in reaper - is chair cNedims• Isr in their counties auk by ordi�num reduce tbetLe =�VeI&ofvsbWee and loads upad►unimpraved aaunty bi&"@P or upon asunty brides. 1L Boards at in "r rMpreaye d erby ward reduce the psrmissibie be unless t ewwa�t limits are room b� shall a:tsnd tm a period of mare than 90 days unless adnal repair of the bWma is begun within that time and theraaAer OOntinnoO* Carried an to completim. � a For the Pp�u�r�p°o!w� ot this section, an _ hWkwsY sae l "m a highway paved with aement Concrete of espbaltis eangretat with r. (re k of yard sand, or r!`ae notes than f1m �� inches � binder Other than natural mil. �� 4 z _.. wk• Oaozai Silo W proud has been mmired in by a Poku'll the vats afthe CalifarnlaT"ne" tsdon CAmmisdon. � pursuant m u�amatr►eW + having ingress and Commercial vablelas epees by direct route to and I a Trim Ofd Omb, warm and street when �� purpose of maldn0�'� oPsr °� on tLs a met or for xvid bona fide fivm or to any the purpose of mataor m to be used o f OW ��W or structure which a building permit has lu'e'vi*nsi' been upon the restricted obtaind _ No ordinance adopt to 701 to deaeasa "aw- limits andl app>3+ m am vAde owned by a Pablie VAIRI ► or a liaeased while rofaany p� ud t� (A by M aoa067 c X37 inatanatian' or Usownr* in =0 in Mob 1189ak s91J IN70L S aR M&nW Uaw Tags Prude m Cfti► skh%m"m Sectiaan 86701 stall not be appliaaWs to azW City etn t an whiab money f,. the State Hipb.W AOCOant inn the &ats'hanart+�► Fund hub.ea or is used for coostr uedon at maintemmee °seep, ink to as the legislative body of the eitX slier notice and bearing dete mi dS to r6d as weight limits an auah streets Notice of the ant � � advise provided m See" 8084 of the Government '!b action and sh� � sub written and oral OWactims to the proposed p � f d" ewm o( such oweadons. The time ibr and the hea nabe held less than 60 days after, the =be a >iY of notim be sba11 be aided All objectims an sds4uaw oppmp ty considered in reaper - is chair cNedims• Isr in their counties auk by ordi�num reduce tbetLe =�VeI&ofvsbWee and loads upad►unimpraved aaunty bi&"@P or upon asunty brides. 1L Boards at in "r rMpreaye d erby ward reduce the psrmissibie be unless t ewwa�t limits are room b� shall a:tsnd tm a period of mare than 90 days unless adnal repair of the bWma is begun within that time and theraaAer OOntinnoO* Carried an to completim. � a For the Pp�u�r�p°o!w� ot this section, an _ hWkwsY sae l "m a highway paved with aement Concrete of espbaltis eangretat with r. (re k of yard sand, or r!`ae notes than f1m �� inches � binder Other than natural mil. �� 4 z _.. PETITION OF OPPOSITION Re: Application by Albertson's, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off - street parking requirements, and the acceptance of an off -site parking agreement. e The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. • This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. ---------------------------------------------------------- Name Printed Street Address _ roan -P- ! rn3---- -l- 1-4 �� I ` � - 7 2 -` ----------------- Signa e. Phone# iDateSigned = L - ------------ )f I -- - - - - -- )f 1 Z --------------------- ame Printed Street Address — �iyi ------------ b Signature c1 Phone # Date Signed _ J 9 y- C 7 5 —G - ------------- -9 ---- --o3 "1 ---------------------- Name rinted Street Address &%1l-I%z0,�/i oSS- ��,7 ---------------------------------------- Signature Phone # Date Signed ri 430Z - - - - - -- ------------------------------------------- N rinted Street Address C ignature Phone # Date Signed -,: cu') — pro--- a'IA�al+C,4cd ---- - - - - -- PQ9� c0 -- PETITION OF OPPOSITION Re: Application by Albertson's, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off - street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. • This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: • Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. • Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stoppin , and vy usage on residential streets. �� -- - - - -- -- ----- - - - - -- Name Printed Street Ad ess ture Phone Date Signed amg Printed, ,Street Address -- -- - - -- - - - - - -- ------------------------ igna a Phone # Date Signed -- - 3 -- 1(� ?� -- - - - - -- - � - -- Name Printed Street Address Signature Phone # Date Si ned 06.1i �3/.�'r�i�v7f►9� 3� ��aU�NljuJ damm TaJe to Street Address - -- - -- -- - ---------------Z-------------------- Sig Phone # Date Signed ---------------------------------------------------------- POT- 7 PETITION OF OPPOSITION Re: Application by Albertson's, Inc. (Mark Steinman, applicant) for Use Permit No. 3650 on property at 3049 East Coast Highway, Corona del Mar. • Request to allow an interior remodel, construction of a 1,673 sq. ft. second -story storage mezzanine (on top of the existing 18,169 sq. ft. one -story structure), a waiver of off - street parking requirements, and the acceptance of an off -site parking agreement. • The project requires an exception to Section 20.63.040 of the Municipal Code to allow the project to exceed the base development allocation of the site, based on the intensity of use for the statistical area, and a waiver of the Building Bulk limitation. * This project has been reviewed by the City and it has been determined that it is categorically exempt under the Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. The following Corona del Mar residents strongly oppose the City of Newport Beach's approval of any Use Permits, agreements, exceptions, and waivers requested by Albertson's, Blockbuster Video, California Federal Bank, La Fogata Fresh Salsa Bar, Pacific Shores Cleaners, and Gina's Pizza. Many serious problems already exist concerning these businesses and must be resolved before any new requests are approved. These problems include: * Daily residential street parking by many business employees, severely crowding already overtaxed area residential streets. * Daily business delivery, construction, and garbage truck traffic, blockages, gridlock and hazardous speeding, parking, stopping, and heavy usage on residential streets. ---------------------------------------------------------- Name Printed Street Address - -Z 4 - - - -- 673 ----------- Signature Phone # Date Signed rie I a� c - — � C �� ---- - - - - -- �fu t ----- '— '— '--- - - - =?— ------------------------ Name Printed Street Address Z60(- ) 4f� may/ ` ------ ----- �� - - - -� �� -- Signature Phone # Date Signed ----- - - - - -- ----- - - - - -- -------- =5?�?� Name Printed Street Address i t�6 M AS 411 0e40 /DAVE cD� S /2q &I - -------------------------------------------------------- c Signature' Phone # Date Signed ---------------------------------------------------------- N ted . Street AddressA , �U � , �� 21025 4 o n �tZ t5 1�^� ;gAnture IV1F5 oNMQ+�� hone # g to i ned ------------------------------------------------------ PQ9e `b 3033 Bayside Drive P.O. Box I I I Corona del Mar, California 92625 June 14, 1999 Mayor Dennis O'Neil and Members of the City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. O'Neil, This is an addendum to my letter of June 12 abort the proposed expansion of the Albertson's store on Pacific Coast Highway. As I stated, I am concerned about the routes for the Albertsons' trucks, their vendors' trucks as well as the vendors' trucks for the two restaurants. Gina's and La Fogata, the dry cleaning establishment, California Federal Bank, and Blockbusters, all located in the Albertson' parking lot. The very large 18 wheel trucks (about 75 feet long) have been using Iris and Bayside Drive as an exit route from the Albertson parking lot, causing environmental pollution to this residential neighborhood. I understand that in the future Albertson has agreed to have both ingress and exit for all trucks directly Gom the parking lot on to PCH rather than using the residential streets as they do now. I would like this plan to be written into the agreement and approval of Albettsons' expansion. This measure will serve to eliminate the truck traffic past my house at 3033 Bayside Drive. Also, I am requesting that in the future that I be notified of any proposed changes in businesses on PCH between Iris and Marguerite since these may very well affect the parking near my home on Bayside Drive. I am referring particularly to the proposed expansion of the Prudential Office at the corner of Marguerite and PCH. In the past, I have not been notified by the city since my house was more than one block away. I appreciate your consideration in these matters. Sincerely, Shirley A. Conger II L S47-19 62-S-1 :at¢U 2695£ ewegeiy `UOUAA 133NS :aagwnN guiMeaa �'� :0 "¢,° duedwoo juawdint :sa3u¢,a1o1 , 11J`1n 3a3 9? dl 'SLN -'81"S as )SOSZ -L i SO�r10VS -13E1 ?3Q :aiJ?1 UMH11L"i trib :BUrjR02j >f,UJ`i321 A401S,, r.]31H1!13/4,!J., 9�1NlObhl Y?'±1 J a1 N JOd 0N1Nlcd xOIJ T .S £L , fL Fc? f xOIJ T .S £L �Q fL Fc? �`rl SS ;'N ICV3d -138 O -t L ,! 111 iOCI �0'3tiHd 0EL956E30Z r §1910.96 i, Q 1 o� ONl ON 2� 0 I a I \..� t 9 V s i a S IeNo r•19It11nloutNtr IN Mill Pill SlCONO risen G-0 fqulvalooE sound level contours. Octave band sound proneure levels may be converted to the equlvalont A- weighted anund level by Platting them on thle graph and noting the A-wolghted sound level carrwponding to the polat of highest Patletmtlon Into the sound level cnntautrs. This oqulvalont A- welghted Pnund level, which may differ train the ao- tual A•welabtod Bound level of the nolao. Is used W determine exposure limits from Table 1XI -10. (b)(1) When employees are subjected to sound exceeding those listed In Table (1-10, foaelble administrative or engineering controls shall be utilized. If such catn.rolR fall to reduce sound levels vrlthln the levels of Table 0 -161 pernoual protective equipment ahe.11 be provided and used to reduce sound lev- elc wltbht tho levels of the table. (2) if tbo varlatlona In haipe level In- volve nlnxlmn at intervals of I ascend or less, It le to be considered contlnu- oll$. TAGIC G--16— PERMISSISIE NOISE EXPOSURES' srWm aaetm M dPr, hose lamt daA sips re. M.N. e...._.._.._..._ .............. ..._. ..........................__._. ea n_._....... ...... ........... .............. _.._._.._...._..... r: . ................. .._ ... ._.... . ..... _ I'll _ ........ ....... .._. r. a............... ..... ... ....... ,,. ..........._ ................... sr s........................... _ ...................... _..........._._._.. too 1'A ........................... _ ......._........_..__._...__._. 102 ............. .. ..... ............_. 29 CFR Ch. XVII n -1-96 ECIEW TABLE G- 16— PYWISS1alE NOISE EXPOSUne9l Continued I a , owean ps 44, hoer .M. M dsar —he eraoluo Y �a,�ped of MO a • j mall al „oleo .,peen a eN!ar�n Owe rW eein. . Wall ones rhwei be wae4a,d ramw an Ore 1UMeL1 '; .IIS1 is ed,. u ew sue 0194 la B.crww: C,rr,M.W a I ..ee.ede u„er liars. ee Me espwuw shill be tuefIs,,ad le lu aed des bra Isles. On Melva rw Well ens el sepe..4011 psaed risYe level Me rn tr4 1 .: a. tees aM d .yerwe r oat Yes. I: " b Issue). a 11'D40 nobs ItI0111a nd mete! ; 140 do psi teune poem IMeI !ii (c) lfecring comervation program. (1) Tho employer shall administer a con• tlnuing, effective hearing coneervatlo0 program, as described in paragraphs (c) ' through (o) or this section, whenever employee noise exposures equal or ex- ceed an 6 -hour time - weighted average sound level (TWA) of 85 decibels Mae - ured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes at the honring conserve - tion program, employee noise expo- sures shall be computed In accordance with appendix A and TAblo G• -18a, and without regard to any attenuation pro- vided by the use of personal protective equipment. (2) For purposes of paragraphs (c) through (n) of this section, an 8-hour ttme- weighted average of 65 decibels or a does of fifty percent shall also be re- ferred to as the action level. (d) Monitoring. (1) When tnforms.0on Indicates that any omployee'a exposure may equal or exceed an 8 -hour time - weighted averago of 85 decibels, the employer shall develop and Implement a monitoring program. (1) The sampling strategy shall be do- signed to Identify employeea for tnclu- slon In the hearing conservation pro- gram and to enable the proper selec- tion of hearing protectors. (11) Wharo circumstances such as high worker mobility, aign10cant varistlone In sound level, or a significant compo- nent of Impulso notes make area man - Itoring generally inappropriate, the employer shall we represontative per- sonal enmpllne to comply with the monitoring requirements of this para- graph unless the employer can allow that area sampling produces equivalent m ^ult1. to Or, :E 6F_ •.1:.4(2)(1) All col a5iti -fmpuleiva i.rdeolbels to 120 s grated Into the t 6.100 1•p4btuman ..�(tployee noise o- ,bnted to snau ; Key, y , n-(3) Monitorli .whenever a Chu! -,� Bell, equipment I" `noise exposures • �;; (1) Additional r. posed at or abo% (11) The alt hearing protect 7 - ployees may be s .;;.; .moot the requll i of this Section. " "(e) Employee Ng j7. , player shall tic weighted &Vera 'results of the m Observallin 'v'••(,� player shall pre i! a1!•:': or their reliever tunity to alias pJi.; ments Cohduc4 ' lj„ ' tlon. . :1 The employer t Wn an andloln provided In th' audlometrio'b employso . who coed an g• hout * ofg5doclbels. (2) 1i'ha profit no cost to amp (3) Audlome' formed by a audiologist. Ot physician, or certified by 0 tion in Occupy tlon, or who onntrated Corn audlometrlc 1 valid AudlogrP maintaining A and proper fill eters being us crates mler( deep not need clan who per must be rospc otolarynealog CO 'd OE4956E80Z. ON..}{dd ONIS8H08Qd. t�OSLN�BIV WH Zl)ll _ Z 'ON xy a Z 0 CL. (f) 4 c� a. h. 6E i 6 65. r f t4nf W O W I 11 2 1' H z � d o l a cli V Q7 a E — v, — N r CC C C4. %] C7 — K kU V7 Q ci r .J - 0. Ln LIC Q � w A z c w � fV x � y _ lf) M 7+ C E co INN N Zr- o s G uj� i CL m co w co E } W � c] C--r w CA_��E a °. 3NOSIN381V Wd d1,11 NOW 6661 -G1-NM .10'300d OE-19G6630? §1910.95 a 9^ Iy Oa Y� V v ua Ile MR IMP ONE H ff fo 0 Its „ 110 i 10! ; 100 � I amuencr m sae sea "%U m rwvne G-9 riaulvalont bound 101.1 conWum. Octave band sound pronsure levels may be converted to the equlvalant A- weighted anund level by platting them on this graph And noting the A- wtlghled Bound level corresponding to the point of highest penetration law the sound level contours. This oqulvelont A- wolghtod anund level. which may differ frmn the ae- tual A•wetahted sound level of rho allot. 1s used W determine exposure limps from Tnb1019 -16. (b)(1) When employees are subjected to Bound exceeding those listed in Table (1 -16. feasible administrative or engineering controls shall bo utilized. If Buell controls rail to reduce Bound levels within tiro levels or Table 0 -16, personal proactive equipment shall he provided and used to reduce sound lev- cic within the love). of the table. (2) If Lho variations In noire level in- valve maxbnn at InLervRIA or 1 second or lens. It is to be considered contfnu- OUA. TAOIa G - -10— PERMISSIBLE NOISE EXPOSURES' Solon awm., IM der. Aber bent toA M..M e.... _._.._..._. .................. ..._......................._._. whenever a chn to A. ............ . ............ I.... .... .._....... _. _._.._.._,.. .. 9a n........................._... posed st or Stan .._...._..._........_....._.._. The ail 9'• a....... ... ... __... ..... _.. ....... ......_....I._..._......._..... ,ir.i.. !I 2 .1.....I ................. _..................... ;ty :.: _.. _........ _........ 1 a a 114 ....... . .................. . ......._...I.... ... ............ Io! 1 .... .. ...... .._......._. ........... ............ .... ... I ...... ..... Ice player shall pr, or their repres' tunity to oboe 29 CFR Ch. )Ml (7 -1-96 Edgbrl) TABLE G- 16— perals&ude NOISE EXPOSUMS t Continued i I axes.n w t•f. h.n % er Mu who. fw dMr ,wbs •r0erwe Y amoued d Av a ' ! mb• pwwnr r ,wY. egaury d assent �s•.ar MY OvR.. � b test dlod rl,vutl M b.utlwee rM,w An en Yruenll rled d 1s1,, 11 ew elm d M Io� Fec7.w: Wl,.cJ � a G � sc..e w,sl IMs. ee ,rr lsowun rlaM a emlW,•d b aru,et 1{w a.a reM. QI MC•„r1 M IeYI Ams d aymva r e eperad r,olb• bvr. eM In Frlw '' e• bIr are d.,•s.,e pwafed r er Fwt " Egm,1• b erp:bY• a e^Pnf MYa enwtl nil aeaen tae do psi aswd PsuMe Ile). n (e) !fearing conservation mopmrn. (1) Tiro employer shall administer a con- Unuing• effective hearing conservation program, m described In paragraphs (e) through (o) of this section. whenever employee noise exposures equal or ex- ceed an 0-hour time- weighted average sound level (TWA) of 65 decibels meas- ured on the A scale (slow response) or. equivalently. a dose of fifty percent. For purposes of the hearing ronserve- tlon progrem, employee noise Solid- Buren shall be computed In accordance with appendix A and Table f1 -les• and without regard to any attenuation pro- vided by the use of personal protective equipment. (2) For purposes of paragraphe (o) through (n) of this section, an It-hour time - weighted average of 65 decibels or a dose of fifty percent shall also be re- ferred to an tho action level. (d) MoniloNng. (1) When information indicates that any employee a exposure may equal or exceed an 6 -hour time- weighted average of 85 decibels. the employer shall develop and Implement a monitoring program. (1) The sampling strategy Shall be do- signed to Identify employees for Inrlu- slon in the hearing coneervatloa pro- gram and to enable the proper aside. lion of hearing protectors. (it) where circumetar."s such as high worker mobility. significant variations In sound level. or a significant compo- nent of lmpulso noise make area mon- itoring generally Inappropriate. the employer shall use repronentative per- sona) sampling to comply with the monitoring requirements of this para- graph unless the employer can show that area sampling produces equJVaient >p ^alts. IL% ANAT IRY11 ri Ot• :6 6E ) All to mpuleivo its to 190 A into the I.nstrumer e noise e It to ensu whenever a chn t' see, equipment :noise exposures posed st or Stan The ail 'hearing laotec' ployeee may be ,ir.i.. ,moot the Met "'4' of this Scotian. ;ty :.: °(e) jollplopec �. ... player shall at posed at or : weighted aVer6 results of the n objervatio ,r player shall pr, or their repres' tunity to oboe ,- rnents conduct Lion. (g) Audlomel Theomployer, thin an audlon provided In tb audlometrio 't employers whr teed an 6•hou: of sb decibels. (2) The prow no cost to omr (9) Audiome formed by n audiologist, o' physician. Of certified by t tlon in Cccupe tlon, or who onntrated tom audlamrtrle valid audlogrl malnWiling I And proper fu cters being us crates mlcr doer not need clan who pet moot bo rear otolaryngoloa I 711U 1 Corporate ONic( 760.942.5147 &ASSOCIATESI 05 Third Street Fax 760.632.8710DATE: A CM04rnia Coryo,etien Encinitas, CA 92024 To: Mark Steinman Albertsons FAX 4: 714.671.6142 Attention: Time: FAX TRANSMITTAL 6114/99 IJOS NO: 2242 -01 To Whom It May Concern: We are sending you via FAX the following items: THESE ARE TRANSMITTED as checked below: For approval x For your use _As requested _ For review and comment Other Remarks: Mark, The compactor noise level at 40 feet Is 66 dB. This assumes a source level of 84 dB at a distance of 5 feet. Also, based on noise measurements that I have made of similar compactors used by Albertsons the noise level is 65 dB at 40 feet. A total of 2 pages are being transmitted including this transmittal sheet. If you do not receive all of the above, please contact Dudek & Associates Copy to: Signed: Mike Komula Typical Sound Levels Table i Measured in the Environment and Industry kl f ft 1111 Sam! Eft j;:7'. 7; Civil Defense Siren (t00 ft.) 130 120 Pile Driver (50 ft.) Ila Am* Music Concert Threliticid of pain Power Lawn mower ft) 100 Very loud MCMM-flfe (25 ft) 01"Of Truck (50 tp so 8offer Room Garbage Disposal (3 It) Print Press Pont Vacuum Cleaner (3 ft) 80 Nomw comrarsegon (3 ft) 70 Moderatol loud 60 Light Traffic (100 ft) 00partinent Store Sim UIB (d" 50 PTNUW Business GfvG4 $OR 40 30 auk Quiet Bedroom 20 Recording Studio 10 a Threshold of hearing