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HomeMy WebLinkAbout1624 - APPROVE UP AND MD_301 EAST COAST HWYRESOLUTION NO. 1624 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -012 AND MODIFICATION PERMIT NO. 2003 -098 FOR PROPERTY LOCATED AT 301 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mansoor Vakili, with respect to property located at 301 East Coast Highway and legally described as Parcel 1 of Resubdivision No. 982, requesting approval of Use Permit No. 2003 -012 and Modification Permit No. 2003 -098 to authorize the redevelopment of the existing service station where the existing service station will be demolished and a new 2,500 square foot service station/mini - mart/quick service food outlet will be constructed. The application also requests modifications to the service station development regulations as specked in the Zoning Code and a Modification Permit to authorize signage that is not in strict compliance with the Zoning Code. Section 2. A public hearing was held on December 4, 2003 at the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan and Local Coastal Program Land Use Plan designates the site for Retail and Service Commercial uses. Service stations and associated markets/food uses are permitted within this category. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: The site circulation and access has been reviewed and approved by the City Traffic Engineer. b. The addition of a convenience market and quick service food outlet is not expected to conflict with the surrounding land uses and are permitted uses in the RSC zoning district. c. The existing service station has been operating at the project site since 1967 and has proven to be compatible with surrounding uses. d. The subject property is of adequate size to support the proposed use and structures. Planning Commission Resolution No. Page 2 of 12 e. The new design is superior than the existing design and especially with regard to site access. f. The underground storage tanks are in compliance with County of Environmental Health regulations. 3. The modification of the Service Station Development Regulations allowing the size of the retail building to exceed the maximum square footage permitted by the Zoning Code is acceptable for the following reasons: a. The project is designed to make the most efficient use of the site and the site is of sufficient size to support the retail, food service and fuel dispensing uses as proposed and depicted on the approved set of plans. b. The size of the building is consistent with the size of commercial structures permitted on commercially zoned property on other sites within the City. c. The overall site design meets the intent of the Service Station Development Regulations and Design Guidelines. d. The City Traffic Engineer has determined that the site design provides adequate access and circulation for vehicles as well as fuel delivery trucks. 4. The project design and operational characteristics including the modification and waiver of the Service Station Development Regulations pertaining to landscaping, as conditioned, meets the intent of the Zoning Code for the following reason; a. The location and configuration of the subject property limits the numbers and locations of large trees due to required vehicular sight distance considerations. Additionally the number of required trees is excessive for the size of landscaped areas provided. 5. The operational characteristics of the service station are, including the hours of operation are consistent with Municipal Code requirements. Any major change in the operational characteristics would require and amendment to the Use Permit, which must be reviewed by the Planning Commission. 6. The design features of the service station including site design, architecture, landscaping and signage are generally consistent with the Service Station Design Guidelines. 7. The sale of alcoholic beverages (beer and wine) for off -site consumption requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a convenience market. Beer and wine sales are typical and expected by the public in these types of service station /convenience market establishments. Planning Commission Resolution No. Page 3 of 12 b. The number of alcohol licenses within the reporting district and adjacent reporting districts is not significantly high given the mix of commercial and residential land uses in the district. c. The project site is not located in close proximity to day care centers, schools or places of religious assembly. d. The sale of alcoholic beverages (beer and wine) for off -site consumption to be operated in a building that is designated and zoned for commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic beverage sales. e. The number of crimes in the reporting district is lower than the City average. This new beer and wine license will not likely increase crime. 8. The proposed use will comply with the provisions of the Zoning Code, unless so modified buy this Use Permit, including any specific condition required for the proposed use in the district in which it would be located. 9. The project qualifies for a Class 2 and Class 3 categorical exemption of CEQA for the replacement or reconstruction of an existing service station facility located on the subject property. Section 4. Based on the findings above, the Planning Commission hereby approves Use Permit No. 2003 -012 and Modification Permit No. 2003 -098 subject to the conditions of approval set forth in Exhibit "A." Section S. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4"' DAY OF DECEMBER 2003. AYES: Eaton, Cole, Toerge. McDaniel Selich. Kiser and Tucker NOES: None W.."M - !� I... i Earl McDaniel, Chairman BY: Michael Toerge, Secretary Planning Commission Resolution No. Paae 4 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -012 & MODIFICATION PERMIT NO. 2003 -098 Planning Department 1. The development shall be in substantial conformance with the approved site plan dated November 13, 2003, floor plan dated November 20, 2003, elevations dated November 12, 2003, canopy plan /elevations dated November 20, 2003, grading plan dated November 20, 2003, irrigation plan dated November 9, 2003, planting plan dated November 8, 2003, signage plans dated November 19, 2003 and color materials exhibits included as Exhibit No. 3 in the December 4, 2003 staff report and as specified below: a. Landscaping shall include two 15 -foot brown trunk height Queen Palms in both planters flanking the food mart building. The remaining Queen Palms shall be a minimum 12 -foot brown trunk height at the time of planting. b. The minimum size of the Crape Myrtle and Brisbane Box trees shall be 36 -inch box at time of planting. c. The fascia band around the island canopy shall be a maximum of 2 feet wide and the mansard tile roof shall be extended seven inches lower than shown on the approved set of plans. d. The entire fascia band (all four sides) around the canopy shall be painted as shown on the southeast elevation of the color material exhibits (Exhibit No. 3). The blue paint as shown on the southwest and northeast elevation of the color material exhibits (Exhibit No. 3) is not permitted. e. The monument sign shall be a maximum of 13 feet 1 inch in total height. f. The construction type of the signs shall match the project at 353 East Coast Highway, as determined by the Planning Director. g. The colors of the building and trim treatment shall match, if matching is feasible, the project at 353 East Coast Highway, as determined by the Planning Director. h. All painted exterior surfaces shall be repainted periodically as needed with the same colors to retain a first class appearance during the operation of this property under this use permit. 2. Use Permit No. 2003 -0012 & Modification Permit No. 2003 -098 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. Planning Commission Resolution No. _ Paqe 5 of 12 3. Any change in operational characteristics, hours of operation, expansion in area, or any substantial modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 6. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 7. The project shall comply with State Disabled Access requirements, including handicapped parking requirements. 8. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 9. The establishment shall comply with all applicable Federal, State, County and City water quality regulations for the life of this Use Permit. 10.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted as follows for the specked time periods unless the ambient noise level is higher: Planning Commission Resolution No. _ Page 6 of 12 12. No outside paging system shall be utilized in conjunction with this establishment. 13. Permitted hours of operation are: Food Mart/Quick Service Food Outlet: 5:00 AM —11:00 PM Daily Gasoline Service: 24 Hours Daily 14. All mechanical equipment including roof top mounted equipment shall be screened from view of adjacent properties and adjacent public streets. Also, the equipment shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 15. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 16. Prior to the issuance of building permits, the air/water dispenser design shall be approved by the Planning Department. The design of the dispenser housing shall be integrated with the design of the other on -site buildings and structures. 17. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right - of -way in front of the subject property as well as the adjacent public right -of -way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 18. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of -way. All trash receptacles shall be emptied before they overflow. 19. Customer seating and /or stand -up counter space shall be prohibited inside or outside the subject establishment. Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro rt 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 12. No outside paging system shall be utilized in conjunction with this establishment. 13. Permitted hours of operation are: Food Mart/Quick Service Food Outlet: 5:00 AM —11:00 PM Daily Gasoline Service: 24 Hours Daily 14. All mechanical equipment including roof top mounted equipment shall be screened from view of adjacent properties and adjacent public streets. Also, the equipment shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 15. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 16. Prior to the issuance of building permits, the air/water dispenser design shall be approved by the Planning Department. The design of the dispenser housing shall be integrated with the design of the other on -site buildings and structures. 17. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right - of -way in front of the subject property as well as the adjacent public right -of -way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 18. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of -way. All trash receptacles shall be emptied before they overflow. 19. Customer seating and /or stand -up counter space shall be prohibited inside or outside the subject establishment. Planning Commission Resolution No. Page 7 of 12 20.All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 21. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 22.A wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided. The area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director (in conjunction with the approval of an alternative drainage plan). This washout area shall be located inside the facility. 23. Prior to the issuance of building permits, the applicant will work with the Planning and Traffic Engineer to ensure that the required trees specified in the planting plan, as modified, are included in the development of the site while complying with vehicular sight distance regulation. 24. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan, approved as modified, prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 25. Prior to the issuance of grading or building permits, the applicant shall submit plans for the review and approval by the Planning Department that incorporate the use of alternate paving materials or banding to break up expanses of pavement. The materials used shall be complimentary to the overall design and architecture of the site. 26.All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 27. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. Planning Commission Resolution No. Page 8 of 12 28. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a 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. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 29. The washing or waxing of vehicles is not permitted. 30. Vehicle service is limited to incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 31. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 32. No vehicles shall be parked or stored in the public right -of -way. 33. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 AM to 10:00 AM and 4:00 PM to 6:00 PM) 34. Prior to the issuance of a grading or building permits, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building Department. 35.The on -site storm drain system shall be privately maintained in accordance with the approved Water Quality Management Plan for the duration of the approved use. 36. Prior to initiation of any earthwork activities or issuances of anv grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 37.Prior to the issuance of a grading permit, the applicant shall obtain a NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices to the Planning Commission Resolution No. Page 9 of 12 maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permits. 38. During the construction phase the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 39.Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. 40.All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. 41.Prior to the issuance of grading or building permits, the applicant shall submit written documentation from the Orange County Department of Environmental Health (CUPA) verifying that the project site is in compliance with all applicable Underground Storage Tank (UST) requirements, that the project site has passed any applicable UST site pollution testing and that the repair, maintenance and removal of any existing UST's is being performed in accordance with Orange County Department of Environmental Health (CUPA) regulations and policies. 42. The Point of Service signs are not permitted and shall be removed from all plans. 43. Window signs visible on the exterior of the building are not permitted. 44.All employees are required to park on -site. Building Department 45. Prior to the final of building permits, the facility shall comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. A grease interceptor or other grease collection device shall be installed to the satisfaction of the Building Department. 46. Kitchen exhaust fans and vents shall be fitted with air scrubbers, catalytic converters or other devices to control smoke and odor. The best available technology shall be used. The equipment shall be designed and installed in accordance with the applicable codes subject to the approval and inspection of the Building Department. 47. 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 Newport Beach Building Department and the Fire Department. Planning Commission Resolution No. _ Page 10 of 12 48.A geotechnical report will be required with the submittal of construction drawings for plan check. The project shall comply with the mitigation measures related to liquefaction contained in said report and the requirements of the Newport Beach Building Department. Fire Department 49. Motor vehicle fuel dispensing stations shall operate in accordance with Article 52 of the California Fire Code, 2001 Edition. 50. Canopies and supports over fuel dispensers shall be of non - combustible, fire retardant - treated materials of one -hour fire resistive construction (California Building Code 311- 2.3.2). 51.Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than six inches in height with a one -inch stroke. 52.All cooking equipment that has the potential to produce grease laden vapors shall be provided with a fire protection hood and fire suppression system to be reviewed and approved by the Fire Department. Public Works 53. Prior to the issuance of grading or building permits, the applicant shall obtain approval form Caltrans for the proposed driveway along East Coast Highway. 54.All improvements shall be constructed as required by Ordinance and the Public Works Department, including the following a. Removal of the existing curb and gutter, sidewalk, and driveway approaches along the entire East Coast Highway and Bayside Drive Frontages. b. Construction of new curb and gutter, sidewalk, ADA compliant driveway approaches, and ADA compliant access ramp at the East Coast Highway and Bayside Drive intersection. C. Relocation of the existing fire hydrant along Bayside Drive to be a minimum of five -feet clear of the top of driveway "x" so as to eliminate the need for protective pipe bollards. d. Relocation of the existing streetlight along East Coast Highway to be a minimum five feet clear of the top of the driveway 'Y'. e. Adjustment of the top of the existing electrical vault (owned by SCE) if necessary to accommodate the new driveway approach along East Coast Highway at the southeasterly corner of the site. Planning Commission Resolution No. Page 11 of 12 f. Construct a new water service (minimum size of 2- inches) along the Bayside Drive frontage and abandon the existing water service and meter as required by the Utilities Department. 55. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street tress shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and Public Works Department. 56.That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtained a building permit prior to the completion of the public improvements. 57.That improvements along Bayside Drive and East Coast Highway frontages be constructed under an encroachment permit issued by the Public Works Department and the California Department of Transportation respectively. 58. Public Works Department plan check fees shall be paid. 59.Any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L 60. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by property 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. 61.The parking space adjacent to East Coast Highway (southeasterly comer of the site) shall be set back a minimum four -feet from the right -of -way line in accordance with City standard Plan No. 505 -L -A and 805 -L -B. 62. Prior to the final of building permits, the parking space in front of the trash enclosure and adjacent to the air and water pedestal (southwesterly corner of the site) shall be identified as a temporary space for short tem use only with striping and signage acceptable to the City Traffic Engineer. 63.A minimum 12 -inch wide X 12 -inch deep AC patchback shall be constructed along the length of all new concrete curb and gutter. Such patchback shall be constructed upon a minimum 6 -inch section of recompacted subgrade with a minimum 95% relative compaction. 64. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated November 13, 2003. 65. Prior to the issuance of building permits, the final landscaping plans shall be subject to the review and approval of the City Traffic Engineer to verify the plantings will not impede vehicular sight distance. Planning Commission Resolution No. Page 12 of 12 66. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 67.The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 110-L. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. Utilities Department 68.A sewer clean out shall be installed at the property line in accordance with City of Newport Beach Standard 406 -L. Police Department 69.Alcoholic beverage sale is limited to a Type 20 (Off -Sale Beer and Wine) ABC License only. 70.All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 71.No alcoholic Beverages shall be consumed on the subject property or any property adjacent to the licensed premises under the control of the license. 72. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 73.The Petitioner(s) shall post and maintain a professional quality sign facing the premises parking lots(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The Sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish.