HomeMy WebLinkAbout16 - Service Station Regulations UpdateCITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
330 NEWPORT BOULEVARD
NEWPORT BEACH, CA 97658
(949) 644-110 , FAX (949) 644-3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Service Station Regulations Update (Amendment 885)
May 10, 1999
16
Patrick J. Alford
(949) 644 -3235
SUMMARY: An amendment to Chapter 20.80 (Service Stations), Chapter 20.03 (Definitions),
and 20.67 (Signs) of Title 20 of the Municipal Code to update land use and
property development regulations for service stations. This amendment includes a
provision allowing the co- development of convenience markets with service
stations and the adoption of a set of design guidelines.
ACTION: Hold hearing; introduce ordinance and pass to second reading on May 24, 1999.
Backeround
Regulatory History
In November 1962, the City adopted Amendment 147, requiring use permits for service stations.
0 In March 1972, the City adopted zoning regulations for service stations.
In November 1991, the Planning Commission considered Amendment 738, which would add car washing
and the sale of convenience items as permitted activities at service stations. The Planning Commission
recommended approval of Amendment 738 without the provision for the sale of convenience items, citing
concerns about the sale of alcoholic beverages (see discussion on alcoholic beverage sales below). In
January 1992, the City Council approved Amendment 738 as recommended by the Planning Commission.
The Economic Development Committee (EDC) initiated a review of the City's service station regulations
in July 1996. The EDC formed a subcommittee consisting of EDC members and representatives of the
Planning Commission to review and revise the service station regulations.
On June 25, 1997, the EDC voted to submit the subcommittee's recommendations to the City Council.
The City Council initiated Amendment 863 on July 28, 1997. The amendment included provisions that
would have allowed the co- development of convenience markets, and eating and drinking establishments.
Beginning on August 21, 1997, the Planning Commission held public hearings on Amendment 863. On
April 23, 1998, the Planning Commission denied Amendment 863 citing that there was no evidence of
public or market demand for such facilities in Newport Beach, concern over the off -sale of alcoholic
beverages and the appearance of such facilities. However, the Planning Commission also recognized that
the existing service station regulations were antiquated and indicated that a new amendment stripped of
co- development provisions should be considered.
On June 8, 1998, the City adopted Amendment 869 (Alcoholic Beverage Outlet Ordinance), requiring use
permits for all alcoholic beverage outlets.
On February 18, 1999, the Planning Commission adopted a resolution of intent for Amendment 885.
On March 24, 1999, the EDC was briefed on the Planning Commission's recommendations on
Amendment 885. The EDC voted to support the amendment with the revisions recommended by the
Planning Commission.
The Planning Commission held new hearings on the Amendment 885 on March 18, 1999 and April 8,
1999. The Planning Commission voted unanimously (with one absent) to recommend approval to the
City Council.
Current Regulations
The current regulations for service stations have remained essentially unchanged since they were first
adopted in 1972. The regulations are highly specific as to the type of permitted activities. Permitted
activities are limited to the dispensing of fuel, vehicle maintenance and repair, vehicle washing and
detailing, trailer and automobile rental, and tire sales. The only non - automotive activities permitted are
the sale of soft drinks, candy, cigarettes, ice and similar items from vending machines.
The intent of the current regulations is to clearly define what a service station is, including the products it
sells and the services it dispenses. Due to this specificity, a number of common service station activities
are technically in violation the Zoning Code. For example, under the current regulations, the only
activities allowed outside of a building are the dispensing of gasoline, oil, air and water, lamp adjustment,
and the testing or servicing of automobiles which necessitate a running engine. Therefore, a number of
minor maintenance activities, such as the replacement of windshield wipers, batteries, and fuses, and the
replenishing of windshield wiper, brake, and transmission fluids, are technically not permitted unless they
are conducted within a building. Likewise, service stations with car washes conflict with this regulation if
they vacuum, dry, or wax vehicles outside of a building.
The current regulations are also reflective of the typical service station of the early 1970's. The
regulations cannot accommodate, and therefore preclude, the types of service station operations that have
developed during the past twenty -seven years, as well as the new types that are under development today.
Industry Trends
In 1971, Newport Beach had 44 service stations and car washes; today, there are 17. This reflects a
nationwide trend. Since the mid- 1970's, the number of full- service stations has declined by more than 50
percent. This is due to an ongoing trend from conventional stations with service bays to large - volume,
self - service stations brought on by increasing construction and payroll costs, consumer preferences, and
the decreased demand for repair and maintenance services.
The industry is also seeing a decline in the overall profitability of gasoline sales. The industry response
has been to provide alternate services, most notably convenience markets and car washes. More recently,
the industry has begun developing a number of hybrid facilities. One type involves "co- branding," the
combining of two or more franchise operations. One example of this is "quick serve" (fast food)
restaurants and service stations (e.g., McDonald's restaurant franchises operating within Chevron service
stations). Another approach is the combining of a number of services within a single development. One
servim stew, update
May 10, 1999
Page 2
prototype facility provides six services: a service station, a quick lube, a convenience food market, two
"quick serve" restaurants, and a car wash.
Analysis
The amendment represents the first comprehensive update since the service stations regulations were
adopted in the 1972. In addition to the revisions to the land use and property development regulations,
the amendment includes revisions to the review process for new stations and for the expansion or
renovation of existing service stations.
Land Use
The amendment would add convenience markets to those land uses currently permitted with a use permit
in association with a service station (automobile washing, vehicle /equipment repair, electronic equipment
installation, and vehicle rentals). Convenience markets would be required to have a minimum of 1,200
square feet of floor area, excluding areas used for vehicle service and washing. The minimum floor area
requirement is intended to encourage "state of the art" facilities and to avoid makeshift conversions.
There is also an exception to allow all service stations to have up to 50 square feet of net public floor area
to be used for the display and sale of non - automotive merchandise and food and beverages. As stated
earlier, under current regulations food and beverage sales are only permitted from vending machines. In
practice, however, many of the City's service stations sell snack products and impulse items from coolers,
racks, and similar displays. The proposed exception is intended to allow these service stations to continue
to sell these items without violating the Zoning Code. Under the proposed revised definition of net public
area, customer - serving areas would be included if they are used to store, sell, or display non - automotive
products. However, offices, storage and utility areas, and similar areas used by employees would not be
included.
A survey of the floor area devoted to retail sales is attached (Attachment #1). The graphic below
illustrates how the 50 square foot area exemption could apply with two existing service stations: the
Unocal station on Superior Avenue and the Shell station on Westcliff Drive.
Unocal on Superior
Y / 1I
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Shell on Westcliff
.There is also a prohibition on walk -in refrigeration units. Industry representatives have suggested that
walk -in coolers are essential for alcoholic beverage sales to be practical. Prohibiting such equipment
Service Station Updatc
May 10, 19W
Page 3
should effectively preclude alcoholic beverage sales at service stations utilizing the 50 square foot
exemption (see discussion on alcoholic beverage sales below).
The Planning Commission also considered allowing the co- development of eating and drinking
establishments with service stations. However, the Planning Commission opted not to include this
provision, finding that such uses were not essential to the operation of service stations and because they
believed that such developments had fallen out of favor with the industry.
Outdoor Activities
As indicated earlier, a number of common service station activities violate the Zoning Code because they
are not conducted within a building. To resolve this conflict, it is proposed that incidental, minor
maintenance commonly conducted at service islands be permitted outside of enclosed structures. This
includes the dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and
replenishing motor vehicle fluids and lubricants. It is also proposed that the vacuuming, hand drying and
hand waxing of vehicles also be permitted outside of enclosed structures. These activities do have the
potential to adversely impact adjacent land uses. However, these impacts can be addressed on a project
by project basis through site planning and conditions of approval.
Property Development Regulations
The amendment establishes a minimum land area requirement based on the type, number, and size of
facilities that are proposed. This approach is intended to scale the development to the size of the site,
rather than establish a minimum site size. Minimum land areas tend to favor large -scale development.
This approach allows new development on smaller sites yet keeps the intensity of development under
control. This would be particularly helpful in allowing older service stations to remodel while keeping
the scale of development compatible with the character of the surrounding area (an analysis of selected
existing service station sites using these criteria is provided as Attachment #2).
The amendment establishes new setback requirements. This includes reduced setback for non -repair
structures such as air and water dispensers and for structures used for retail sales or offices. The current
regulations make no distinction as to these types of structures.
Also, minimum landscaping requirements have been revised to increase the quantity and quality of
planting materials. Minimum size and height standards are specified for trees and shrubs and all plant
materials would have to meet or exceed the plant quality standards of the American Standard for Nursery
Stock. Also, landscape maintenance requirements have been added. These include that all landscaped
areas must be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing,
mowing and trimming; that all landscaped areas shall be kept free of weeds and debris; and that all
irrigation systems shall be kept operable and receive regular maintenance.
The sign regulations contained in Section 20.67.030 (D) have been completely revised. Overall, signs
would be smaller in area and lower in height. Principal identification of the business would be in the form
of a monument sign with a maximum area of twenty (20) square feet and a maximum height of four (4)
feet. Fuel price signs, which by state law, must be visible from each street adjacent to the site, are
permitted up to twelve (12) square feet on each street frontage or can be combined with the monument
sign. In order to encourage sign consolidation, the area of the monument sign may be increased to thirty-
Service station update
May 10, 1999
Page 4
six (36) square feet if it incorporates the required fuel price signs. A graphic is attached to illustrate how
the existing and proposed sign regulations would appear on a typical service station site (see Attachment
#3).
Existing Service Stations
The amendment distinguishes between remodels and new construction. The proposed design and
development regulations would apply to existing service stations only under the following
circumstances:
■ An expansion of 10 percent or more in floor area
■ Any change in the amount of land area.
Any renovation costing more than 50 percent of the value of the
improvements (excluding land value).
■ The introduction of any accessory uses.
It is also recognized that several existing service stations could not meet all of the new design and
development regulations. Therefore, there is a provision that grants the Planning Commission the
authority to modify or waive any of the property development regulations for the expansion or
renovation of an existing service station. In order to modify or waive a regulation, the Planning
Commission would be required to find that the strict compliance is not necessary to achieve the
purpose and intent of the service station chapter, that there are compensating design features, and
overall consistency with the design guidelines.
Alcoholic Beverages
The proposed amendment would end a prohibition on all alcoholic beverage sales at service stations that
has been in effect since 1972. State law (Section 23790.5 (b I), Business & Professions Code) preempts
local governments from prohibiting the off -sale of beer and wine concurrent with the sale of motor
vehicle fuel, if the retailing of fuel and the off -sale of beer and wine is permitted on separate sites.
However, since current regulations require that beverages can only be sold via vending machines, this is a
de facto ban on all alcoholic beverage sales at service stations, since alcoholic beverages cannot be sold
from vending machines. The City's regulations predate the State law; therefore, they remain valid as long
as they are not amended. Removing this provision and allowing regular retail and food and beverage
sales would open the way for any service station to sell beer and wine for off -site consumption.
State law does not prevent a local government from denying permission, or granting conditional
permission, to the concurrent sale of beer and wine and motor vehicle fuel through the use permit process.
Therefore, the issue as to whether a service station with a convenience market is permitted to sell beer and
wine and under what conditions can be addressed on a project by project basis. If sound findings can be
made that the sale of alcoholic beverages would be detrimental to the community, then the Planning
Commission would have the authority to place conditions on the sale of alcoholic beverages or prohibit
their sale entirely. However, the findings would have to be supported by substantial evidence for such an
action. Of course, the Planning Commission also retains the authority to deny permission for the
Service Station Update
May 10, 1999
Page 5
convenience market (or other accessory use) or for the entire project if it is found to be detrimental to the
public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
the neighborhood.
Design Guidelines
A set of design guidelines for service stations is proposed to advise applicants in the early stages of their
projects. The guidelines do not impose an architectural style. However, they set forth a set of design
approaches to address community issues. The intent is to use the guidelines to determine the project's
consistency with City policies, particularly those relating to visual quality, community character, and the
protection of adjacent development and land uses. The guidelines are structured so that they can be
expanded as needed to address other issues. Sections can be added to address other specific development
types (e.g., fast food restaurants) or design features (e.g., parking areas, landscaping, signs, etc.) or
specific areas (e.g., the Coastal Zone, mixed use districts, etc.).
The proposed guidelines are provided in Attachment #5.
Planning Commission Action
Discussion at the Planning Commission focused on issues relating to alcoholic beverage sales and on
architectural and site design. The consensus of the Planning Commission was that the land use revisions
were necessary if service stations are to remain economically viable. However, the revisions to the
property development regulations and the adoption of design guidelines were also necessary in order to
insure that the City has quality and innovative designs. To this end, the Planning Commission directed
revisions that increased standards for architectural design, landscaping, and signage. With these .
revisions, the Planning Commission voted unanimously (with one absent) to recommend approval to the
City Council. The Planning Commission's recommended revision of Chapter 20.80 is provided as
Attachment #4.
The Planning Commission is also recommending a change to the regulations concerning the provision of
restroom facilities. Since 1972, the City has required service stations to provide restrooms to the general
public during all hours of operation. The Planning Commission is recommending that this provision be
revised so that the restrooms need only be accessible during the hours that the interior of the cashier
station, sales area, or office is open to the public. The Planning Commission believed that service station
employees working alone would be placed at risk if the interior is required to be accessible to the public
during late night hours.
Since the Planning Commission hearing, staff has researched state regulations relating to this issue.
Section 13651 (b) of the Business and Professions Code requires every service station located within 660
feet of an interstate or primary highway to provide public restrooms for use by its customers during all
business hours. This regulation applies to twelve (12) of the City's sixteen (16) service stations. In order
to avoid a conflict with state law and apply this regulation consistently, staff recommends that the Section
20.80.060 (L) of the proposed draft of Chapter 20.80 be revised to read as follows:
1]
service station update
May 10, 1999
Page 6
0
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L. Rest Rooms. One men's rest room and one women's rest room shall be
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provided to the getle~' publie during business hours fo{ use by service station
customers. Rest _ mis sha-11 , o ,, ,e during all ,,ours the interior of .t
ashi,..4.. ian ...a es .....,.. of effiee is epeit to the .,,.brie All rest rooms with
exterior entrances shall be located so as to be in clear view of the station's
service area, cashier station, or office.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
J � IM
Prepared by:
PATRICK J. ALFORD
Senior Planner
1. Newport Beach Service Stations and Car Washes.
2. Analysis of Minimum Site Areas.
3. Existing and Proposed Service Station Signs.
4. Draft Chapter 20.80 and related revisions.
5. Draft Design Guidelines.
6. January 21, 1999 Planning Commission minutes.
7. March 18, 1999 Planning Commission minutes.
8. April 8, 1999 Planning Commission minutes.
9. Draft ordinance.
10. Draft resolution adopting Design Guidelines,
Savi= Station Upd%e
May 10, 1999
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ANALYSIS OF MINIMUM SITE AREAS
Exxon on Newport Blvd. (7,000 sf - smallest in the City)
8 fueling spaces X 1,500 = 12,000 sf
MINIMUM LAND AREA REQUIRED 12,000 sf
Fashion Island Texaco (47,916 sf - largest in the City)
16 fueling spaces X 1,500 = 24,000 sf
4 service bays X 1,000 4,000s
MINIMUM LAND AREA REQUIRED 28,000 sf
Chevron on Bison (23,207 sf)
12 fueling spaces X 1,500 = 18,000 sf
MINIMUM LAND AREA REQUIRED 18,000 sf
Mobil in CDM (10,261 sf)
14 fueling spaces X 1,500 = 21,000 sf
MINIMUM LAND AREA REQUIRED 21,000 sf
Unocal on Superior (43,005 sf)
12 fueling spaces X 1,500 = 18,000 sf
1 washing bay X 1,000 1,000s
MINIMUM LAND AREA REQUIRED 19,000 sf
Attachment #2
0
Promotional Sign
12 sq. ft.
Existing and Proposed
Service Station Signs
Pole Sign
36 sq. ft.
25 ft. high
(shown at 12 sq. ft., 4 ft. high)
Monument /Fuel Price Sign
nc _- p
4 sq. ft. each
0
9
E
Attachment #3
E
Page 20.80 -1
Service Stations
Sections:
20.80.010
20.80.020
20.80.030
20.80.040
20.80.050
20.80.060
20.80.070
CHAPTER 20.80
SERVICE STATIONS
Purpose
Use Permit Required
Required Findings
Application Contents
Operational Regulations
Design and Development Regulations
Accessory Uses
20.80.010 Purpose
In order to promote and preserve the public health, safety, convenience, general welfare and general
prosperity, it is the intent of this chapter that service stations shall not create increased pedestrian and
vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and
redevelopment of the surrounding area as reflected by the General Plan, zoning regulations or
specific plans approved by the City.
The specific purposes of this chapter are to:
A. Establish locational and minimum land area requirements to insure that service
stations have access to arterials and streets sufficiently improved to accommodate
traffic generated from the site and that the site is of sufficient size to accommodate
the service station and associated uses.
B. Establish requirements for driveway approaches, vehicle access aisles, and off - street
parking to insure safe and efficient internal circulation and to avoid impacts to the
flow of traffic on adjacent arterials and streets.
C. Establish requirements for site design, setback yards, landscaping, lighting, storage
areas, utilities, and perimeter walls to enhance the appearance of the service station
and to provide sufficient separation and buffering to protect adjacent residential and
other land uses.
D. Establish architectural and site design standards to provide an attractive appearance
that is compatible with and complimentary to the community and surrounding land
uses and development.
Draft 04/oa&9
M
Page 20.80 -2
Service Stations
E. Establish requirements to insure that areas and facilities provided for or visible to the
general public are maintained in a safe and clean manner.
F. Establish operational regulations to insure that service station activities and facilities
are conducted in a manner so as to avoid impacts from noise, vibration, dust, odors,
glare, electromagnetic interference, and hazardous materials on adjacent land uses.
20.80.020 Use Permit Required
Unless otherwise prescribed in the individual chapters of this code, a use permit shall be required
for any new service station and for any existing service station when one or more of the following
events occur:
A. An expansion of 10 percent or more in floor area within any 12 month period or the
cumulative expansion of more than 50 percent of floor area existing at the time of the
effective date of this chapter.
B. Any change in the land area on which the service station is located, whether by
purchase, lease, business combination or acquisition, or similar method.
C. A renovation or any other development that would cost more than 50 percent of the
value of the improvements on the parcel at the time of renovation, excluding land
value.
D. The introduction of any of the accessory uses permitted under Section 20.80.070, or
introduction of alcoholic beverage sales (see Chapter 20.89: Alcoholic Beverage
Outlets), or any similar change in the operational characteristics of the service station.
20.80.030 Required Findings
In addition to the findings required for use permits by Chapter 20.9 1, the Planning Commission shall
find that the project is consistent with the purposes of this chapter and that the proposed site plan and
architecture are consistent with the City of Newport Beach Design Guidelines.
Draft 04MM
Page 20.80 -3
Service Stations
20.80.040 Application Contents
In addition to the application requirements contained in Chapter 20.90: Application Filing and Fees,
an application for a use permit for a service station shall be accompanied by the following
information, maps and plans:
A. A plot plan of the property, drawn to scale, showing location of all buildings,
canopies, on -site access and drives, service islands, storage facilities, planting areas,
exterior lighting standards, signs, walls, parking spaces, enclosed trash areas, curb
cuts and driveway approaches.
B. Elevations, drawn to scale, including all building and sign faces and materials,
textures and colors.
C. A grading plan, indicating how the property is to be graded and drained.
D. A landscape and irrigation plan showing the size, location and variety of plant
materials to be used, including the botanical and common plant names of each, and
the location, type and design of all irrigation systems.
E. A materials board (specifications and samples of type, color and texture of proposed
construction materials).
F. A written design concept statement identifying the significant architectural and site
plan features, the reasoning behind the architecture and site plan proposed, and an
explanation of how and why the architectural and site plan features were incorporated
into the project design. The statement shall describe how the proposed architecture
and site plan are consistent with the City of Newport Beach Design Guidelines:
Automobile Service Stations and Washing.
G. Such other plans, drawings and information as the Planning Director reasonably may
require.
20.80.050 Operational Regulations
The following operational regulations shall apply to service stations and accessory uses.
A. Location of Activities. All activities and operations shall be conducted entirely
within an enclosed structure, except for the following, which shall be permitted
unless otherwise conditioned by the use permit:
1. Sale and dispensing of motor vehicle fuel.
0 Draft 04/0&99
/4?
9
C.
Page 20.80 -4
Service Stations
2. Incidental, minor maintenance commonly conducted at service islands, such
as dispensing of air and water, replacement of windshield wipers, fuses, and
lamps, and replenishing motor vehicle fluids and lubricants.
3. Vending machines abutting a building or in a kiosk enclosed on three sides.
4. Vacuuming, hand drying and hand waxing of vehicles.
Storage and Display Outdoor storage and display of merchandise, materials, or
equipment shall be limited to the following:
1. Display racks for automotive merchandise no more than 4 feet wide located
at each service island.
2. Display racks for automotive merchandise located within 3 feet of the
principal building, provided such display racks are limited to 1 display rack
per frontage.
3. Temporary outdoor storage and display as provided in Section 20.05.090 (I-I).
All other outdoor storage and display shall require a use permit issued by the
Planning Director pursuant to Section 20.60.105: Outdoor Storage and
Display.
Parking and Vehicle Storage.
1. Off - street parking shall be provided as specified in Chapter 20.66: Off - Street
Parking and Loading.
2. Vehicles or equipment in the process of being served may be stored outside
for a maximum period of 7 days.
3. The parking of vehicles and equipment for purposes of sale shall be
prohibited.
4. The storage of rental vehicles shall not occupy any parking space provided
to meet the parking requirements of the service station or any other accessory
use.
5. No vehicles shall be parked or stored within the public right -of -way.
6. Fuel delivery trucks shall not obstruct the public right -of -way during delivery.
Non - Automotive Retail/Food and Beverage Sales. Up to 50 square feet of net public
area may be used for the display and sale of non - automotive merchandise and ready-
Dmft 0410899 0
13
Page 20.80 -5
Service Stations
to -eat and prepackaged food and beverages. Walk -in refrigeration units shall be
is prohibited.
Exceptions.
Floor area used for vending machines shall not contribute to the floor
area limit.
2. Accessory uses subject to the provisions of Section 20.80.070.
E. Signs. Signs shall be subject to the provisions of Section 20.67.030 (D).
20.80.060 Design and Development Regulations
A. Applicability. The following design and development regulations shall apply to any
new service station and to any existing service station meeting any of the criteria
specified in Section 20.80.020.
B. Location. All service station sites shall front on streets designated as major, primary
or secondary on the City Master Plan of Streets and Highways unless the sites are
part of or in conjunction with developments such as shopping centers in residential
areas.
C. Minimum Land Area. The minimum land area for service stations shall be 1,500
square feet of land area for each fueling space, 1,000 square feet for each service bay
or washing bay, and 3.33 square feet for each square foot of gross floor area used for
retail and/or food and beverage sales.
D. Setbacks. The following setbacks shall be maintained:
ly
Required Setback (Feet)
Abutting
Abutting
Structure
Interior
a Street
an Alley
Service islands
20
20
20
Canopies
5
5
5
Air and water dispensers
10
10
10
Automobile washing,
maintenance and repair
18
30
30
Retail and office
0
15
10
.
Draft 04M99
ly
Page 20.80-6
Service Stations
E. Access.
1. Driveways shall be so designed and located as to ensure a safe and efficient 18
movement of traffic on and off the site to and from the lane of traffic nearest
the curb. All driveways shall be located and constructed according to the
City of Newport Beach Driveway Approach Policy'.
2. Driveways for service stations which are developed as part of or in
conjunction with adjacent uses shall be located as part of the total circulation
element of such adjacent uses.
On -site driveways all should be a minimum of 25 feet for two -way traffic or
18 feet for one -way circulation.
4. Provisions for on -site queuing lanes shall be made.
5. Queuing lanes shall not interfere with access to required parking spaces.
F. Utilities. All utilities shall be installed underground within the exterior property lines
of the site.
G. Drainage. All drainage to the street shall be by underground structures to avoid
drainage across City walks or drive aprons, and shall be subject to approval by the
Director of Public Works. 0
H. Site and Architectural Design. The site plan and architecture of the service station
shall provide an attractive appearance that is compatible with and complimentary to
the community and surrounding land uses and development and that is consistent
with the City of Newport Beach Design Guidelines: Automobile Service Stations and
Washing.
I. Landscaping.
Area Requited. A minimum of 15 percent of the site shall be landscaped with
plant materials designed to provide beautification and screening. Planting
areas shall include, but not be limited to, the following:
a. A minimum 5 foot -wide (inside dimension) planting areas between
driveway approaches.
b. A minimum of 150 square foot landscaped area provided at the
intersection of two property lines at a street corner. Landscape
materials shall not exceed a height of 36 inches.
Draft 04N899
/5
•
�J
Page 20.80 -7
Service Stations
C. A minimum 5 foot -wide (inside dimension) planting area along
interior property lines, except where openings are needed to facilitate
vehicular circulation to adjacent properties.
d. A minimum of 30 percent of the required landscaping shall be
provided within 20 feet of the street property lines.
2. Quantity of Materials. Landscaped areas adjacent to street property lines shall
be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of
street frontage. Landscaped areas adjacent to interior property lines shall be
planted with a minimum of 1 tree and 3 shrubs per every 30 linear feet. These
calculations establish the minimum number of required trees and shrubs and
are not meant to imply linear or equal spacing. Required trees shall be 24-
inch box size, or larger. Required shrubs shall have a minimum mature
growth height of 18 inches and shall be a minimum of 5- gallon in size upon
installation.
3. Quality of Materials. Plant materials shall be chosen for their screening qual-
ities, beauty and durability. Plantings shall include a mixture of trees, shrubs
and groundcovers. All plant materials shall conform to or exceed the plant
quality standards of the latest edition of American Standard for Nursery Stock
published by the American Association of Nurserymen, or the equivalent.
4. Street Trees. City parkway areas shall be provided with groundcover and
street trees as per City standards.
5. Barriers. Planting areas adjacent to vehicular activity shall be protected by
a continuous concrete curb or similar permanent barrier.
Irrigation. All planting areas shall be provided with a permanent underground
automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected.
8. Maintenance of Landscaping.
a. All landscape materials and landscaped areas shall be maintained in
accordance with the approved landscape plan.
b. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing and
trimming.
C. All landscaped areas shall be kept free of weeds and debris.
Dmft 04108%99
I
Page 20.80 -8
Service Stations
d. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
9. Sight Distances. Landscaping shall be located so as not to impede vehicular sight
distance to the satisfaction of the Traffic Engineer.
10. Required Plans. Landscape planting and sprinkler irrigation plans and
specifications shall be submitted by the applicant and approved by the Planning
Director prior to the issuance of a building permit.
J. Perimeter Walls. Service station sites shall be separated from abutting
residentially -zoned property or property used for residential purposes by 6 foot high
masonry or concrete wall utilizing materials similar in color, module and texture to
those utilized in the building. Such walls shall be reduced to 3 feet in height within
adjacent street setback areas. Such walls need not be installed when building walls
or other acceptable walls already exist on such property lines.
K. Lighting. Exterior light sources shall be shielded from view and directed away from
adjacent properties. Luminaries shall be of a low level, indirect diffused type and
shall not exceed a height of 20 feet above finished grade.
L. Rest Rooms. One men's rest room and one women's rest room shall be provided to
the general public. Rest rooms shall be accessible during all hours the interior of the
cashier station, sales area, or office is open to the public for payment. All rest rooms
with exterior entrances shall be located so as to be in clear view of the station's
service area, cashier station, or office.
M. Refuse Storage Areas. Refuse storage areas shall be enclosed by walls and integrated
with the design of the service station.
N. Additional Requirements. It shall be required as a condition of a use permit that the
applicant provide the fuel supplier, the property owner and/or lessee each with a copy
of the conditions embodied on the permit, and receive a written receipt therefor, so
that there shall be no person operating the premises who is not aware of the
conditions of operation. If, during any inspection of the premises, the City shall find
violations of the requirements of the use permit, it shall notify both the fuel supplier
and the operator of the station in order to assure compliance.
O. Modification or Waiver of Regulations. The Planning Commission may modify or
waive any of the design and development regulations contained in this section for the
expansion or renovation of an existing service station upon finding that:
1. The strict compliance with the regulations is not necessary to achieve the purpose
and intent of this chapter.
Draft 0410899 0
11
Page 20.80 -9
Service Stations
2. The project possesses compensating design and development features that offset
impacts associated with the modification or waiver of regulations.
3. The overall site plan and architectural design is consistent with the City of
Newport Beach Design Guidelines: Automobile Service Stations and Washing.
20.80.070 Accessory Uses
A. Accessory Uses Permitted. The following use classifications shall be permitted as
accessory uses to a service station, subject to the approval of an use permit or an
amendment to an existing use permit pursuant to Chapter 20.91: Use Permits and
Variances.
1. Convenience Markets.
2. Automobile Washing.
Vehicle/Equipment Repair, Limited.
4. Electronic Equipment Installation.
0 5. Vehicle Rentals.
B. Supplementary Regulations for Convenience Markets. The following supplementary
regulations shall apply to convenience markets operated in conjunction with service
stations.
Minimum Floor Area. The sale of food and beverages and non - automotive
merchandise shall require a minimum of 1,200 square feet of gross floor area,
exclusive of vehicle service and washing areas.
2. Mode of Sale. The sale of merchandise from drive -up windows shall be
prohibited.
3. Signs and Displays. Signs and displays shall not obstruct the sales counter,
cash register, seller and customer from view from the exterior.
4. Arcade and Game Machines. Arcade and games machines shall be
prohibited.
4. Security. The Planning Commission may require the applicant to provide a security program for
the site.
a,nft 04108)99
/O
Page 20.80 -10
Service Stations
5. Alcoholic Beverage Sales. See Chapter 20.89 (Alcoholic Beverage Outlets). 0
Draft 0417899
)9
LJ
Related Revisions to the Zoning Code
Section 20.03.030 (Definitions)
Add new definitions:
Area, Net Public: The total area used to serve customers, including, but not limited to, customer sales
and display areas, customer seating areas, service counters, and service queue and waiting areas, but
excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the
employees of the establishment.
Caliper: The thickness of trees as measured in inches, feet, etc. Trunk diameter for trees up to 4
inches shall be measured 6 inches above the soil line, and all trees over 4 inches in diameter will be
measured 54 inches above the soil line.
Prepackaged Food: Any processed food prepackaged to prevent any direct human contact with the
food product upon distribution from the manufacturer.
Ready -To -Eat Food: Food that is in a form that is edible without additional washing, cooking, or
preparation by the food facility or the consumer and that is reasonably expected to be consumed in
that form.
Service Station Fueling Space: A temporary parking space immediately adjacent to a fuel dispensing
unit.
Tree: A plant having at least one well- defined stem or trunk and normally attaining a mature height
of at least 15 feet, with an average mature spread of 15 feet, and having a trunk that shall be kept
clear of leaves and branches at least 6 feet above grade at maturity.
Tree, Fifteen Gallon: A 15- gallon container tree shall be no less than 1 -inch caliper and at least 6
feet in height above grade at the time of planting.
Tree, Twenty- Four -Inch Box: A 24 -inch box tree shall be no less than 1.75 -inch caliper and at least
7 feet in height above grade at the time of planting.
Section 20,67,020
Fuel Price Sign. A sign containing prices and grades of fuel for sale at a service station.
Logo. A sign consisting of a trademark or symbol used to identify a business.
Monument Sign. A sign which is supported by a base not exceeding 25 percent of the sign area and
which extends the entire length of the sign area and is an integral part of the design.
Draft 0410&"
� C)
Section 20.67.010
20.67.010 Effect of Chapter
A: General; The following regulations shall apply to all zoning districts, except the Dlanne
r D which t tanned development a a c shall
y r
apply. In addition to the regulations of this chapter, the provisions of Chapter 15.16 relating
to building codes, sign permits, fees, penalties and a method of enforcement shall apply.
Where a use permit, variance, modification permit, or site plan review procedure has been
used, any applicable conditions of that approval shall supersede this chapter.
Section 20.67.030(D)
D. AuterneUiIe—Service Stations in Any Pistr:,.t
The followmg addin nal regulations shall apply to service stations signs
1. 'General]
a.
10
2. n
Monurne" t ,.. .
me Si¢iis
a.tumber 'lei s
C. eteht. IV to excee feet
r�
LJ
0
Draft 0410899 •
a1
0
0
E
3.
d. Addltronal ReQUlations: Monument signs shall
(2) Fuel pnce signs stizill, advertise the prk ' e ' .am gr.
'a6ertisi6g i d ur
1.)� , per.mitte.
conjunction with a monument, a� orovided i' t1ii
-—, ,.s,se(
(3) Nql, p"Ace sign . s I shall . ., ble . 'coMplelt.ely,locate.d in a lan
4. wiiil §16il
a. Number r buildug frontage:
b. XiWThe 7area 8'f7a— wall seen steal
C.
a. �S�gns.on service station canopies shall be iiv ed to log
b. umber
C. c�a�fi�&jL
n- 0�,calloDWS1211S.S
d. TV,— -0 4not; extent beyond
-A
Draft 04AW9
IZ2
rol
Service Island Suns . sign not N �-�c ...... .
,e, ng 4
:,�,squ, feet I be p
on or in front ofearliend_ of -J d to identifyIn'dho&-6f sate
f -
se'lsery
I- - or s_ el
Wladow§�
a. Number 1 per window;
163
C.
77�
8. !
a. Number T per
b. Size., No
T,emporary
area, or 6 f
a. -1 fim- e. staffi-ding sign, net exeeeding a heiOt of 25 feet and an aFea of
36 square Feet for- eaeh side.
Draft OM 99 is
&73
......
. . ..... . ........... . ..
61,16
Draft OM 99 is
&73
. . . .. .......
OWN&
..........
MMUMMM-Mi
1 sign, in a peEmapent f-ame, not exceeding an area of 12 square
fOr aAG'- SM-e, &OF Y. .:,....,t PUFPOSeS, bUt eXelUding any Fefemnee
to priee.
...........
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City of Newport Beach
Planning Commission Minutes
February 18, 1999
SUBJECT: Service Station Regulations Update
Amendment No. 885
A resolution of intent to amend Chapter 20.80 (Service Stations) of the Zoning
Code to update land use and property development regulations for service
stations.
Mr. Alford noted the following:
• Ordinance is the same as last year's minus the provision that would have
allowed eating and drinking establishments: and convenience markets.
• We have included the updated land use regulations, landscape setbacks
and procedures.
• This is reflective of the directions given by the Planning Commission.
• The limit of retail area to fifty (50) square feet would make the sale of
alcoholic beverage sales impractical.
At further discussion it was noted:
• Other option is to maintain the current restrictions, which limits those types
of sales to vending machines.
• Issue of proportionality does not come into play given the small areas
involved.
• By right, if a service station that included retail is removed from a lot, a
new convenience store can be placed on that lot. If they were to sell
alcohol, they would be subject to the Alcohol Beverage Ordinance
requirements.
• Under the 50 square foot restriction, the proposed ordinance is written to
include the cooler and storage areas.
Public Comment was opened.
Mr. Mansoor Vakili, station operator of a Mobil station at Pacific Coast
Highway and Bayside as well as at San Miguel and San Joaquin, spoke in
support of amending Chapter 20.80 Accessory Uses to allow convenience
markets as an accessory use. (He then presented copies to the Commission
of the zone code draft of 03/23/1998 highlighting Al, C 1 thru 61).
At Commission inquiry, Planning Director Patricia Temple noted that the
process tonight is an initiation of consideration. This is not the actual public
hearing that would lead to approval or denial. Commission could direct staff
to include any additional provisions in the initiated ordinance at this time.
Mr. Vakili noted the following:
• People expect to buy gas and convenience items.
• The gas industry has changed.
• City has an old ordinance that needs to be changed.
• The gas station at Bayside is 2.5 million dollars of investment.
• The original design 30 years ago was less than 100,000 gallons with a
INDEX 0
Item 4
Amendment No. 885
Approved
E
S5
City of Newport Beach
Planning Commission Minutes
February 18, 1999
mechanic shop. the mechanical work was done by I - 3 mechanics.
Equipment needed was approximately $30,000 installed in the shop.
• Cars today can go up to 100,000 miles before a tune up is needed.
• Cars today are very sophisticated and the regular mechanic can not do
the job.
• In order to hire two mechanics and pay them $50,000 each, would be
$100,000 per year. The equipment would cost an additional $150,000.
• One bay per year brings in about $15,000 per year.
• The location of the building and the bays is designed for only 50.000 to
60,000 gallons.
• A convenience store creates a relationship between the gas station and
the market. The customers will come in to buy items as well as buy gas.
• There are only three cities in Orange County that do not allow
convenience stores at gas station sites.
• Oil companies are not willing to spend money on stations that are not
viable.
• The city would realize taxes from $50,000 to $60,000 gross volume from a
convenience store of 1,800 to 2,000 square feet as well as the additional
tax revenue from the gas sales.
• Car wash does not have any revenue for a city.
Concluding, Mr. Vakili presented an artist rendering of a proposed
convenience market to be located on his site if the City allows convenience
markets as an accessory use with gas stations.
Robert Lintz a Chevron dealer, 30072 Crown Valley Parkway, Laguna Niguel
spoke in support of the previous speaker, As an owner of three Chevron
stations, one in Corona del Mar at Coast Highway and MacArthur, he noted
his thirty -seven years of experience in the business. He stated that he was
able to do the repair work and make a profit at it that would bring the cost of
selling gas down to make a profit. This is not true anymore for the reasons
stated by previous speaker. 90% of the service stations that have repair
facilities are not making money on the service, which is why you see no
service bays or service stations for the last 15 years. They all have
convenience stores or car washes which are the drive in, roll over type that
do not require the manpower that the full service ones do. The Chevron
Company has told him that since Newport Beach will not allow his station to
convert the bays to a convenience store, the company would consider
selling it. The profit required by one of these stations can not be achieved in
the auto repair business and it can not be done on gasoline alone.
Concluding, he noted the following benefits to the city if the service stations
with bays were allowed to be replaced by service stations with convenience
markets:
• Site cleaner - unsightliness is removed
• Better revenues for the city
C]
M
INDEX
A.,
City of Newport Beach
( Planning Commission Minutes
,February 18, 1999 INDEX
At Commission inquiry, he noted the size of his Dana Point store is 2,200 square
feet and the Lakewood store is 4,400 square feet.
Rick Yost, 22846 Pacific Coast Highway, Malibu - a property development
specialist for Chevron spoke in support of a change in the ordinance. The
vision Chevron has is to get out of the service bay business within the next
three years. The research done by Chevron is that their customers are asking
for the convenience store as they like the one stop shopping.
At Commission inquiry, Mr. Yost noted the following:
• The relation of fueling islands to store size.
• Stores that are being built now with 12 fueling positions are roughly 1800
square feet to 2800 square feet, proportioned to the size of the lot.
• Chevron has consultants who research areas and estimates store sales.
• Chevron does not like to offer goods from a vending machine due to the
limitations; the stores offer a wider array of goods to appeal to customers.
• For the smaller lot sizes that would possibly have a convenience store
replacing two bays, the proposal would be to convert the building, or
tear it down to gain more efficiencies.
• Main concern would be the circulation of customers and access onto the
properties.
• Many of the stations were built years ago with the facility out in the middle
for convenience. Now the facility would be built towards the back of the
property.
• Stations that sell gasoline only can earn a better price due to volume.
Mr. Cyril Ramvhani, Territorial Manager of Chevron noted that Chevron owns
and operates one station in the City of Newport Beach. The other station is a
dealer owned and operated.
Commissioner Gifford noted that the Planning Commission understands that
every business in industry goes through changes and as yours changes, you
need to find other means of revenue other than service. What we are
struggling with is the business of alcohol and which choices are the best,
convenience stores or should we allow the full range of options, eating
establishments, car washes and so on. If we are talking about convenience
stores, what size is appropriate? These are the types of information we hope
to get from you based on your experience with convenience stores and
where alcoholic beverages are sold. What are the percentages of volumes,
how many of them and how many sell?
Messrs. Ramvhani and Yost said they did not have that information but would
be willing to supply it at a later time. At commission inquiry, he noted that at
the facility in Corona del Mar, the building would be tom down if they were
going to convert the bays as well as all the other three stations in Newport
Beach. The timing on this would be by the year 2002.
0
91
City of Newport Beach
Planning Commission Minutes
February 18, 1999
Mr. Lintz noted that the one store he has that sells alcohol represents 20% of
his convenient store sales. The newly constructed stations are modern, well
lighted facilities and well staffed. These factors deter crime. The additional
Use Permits, voluntary conditions may be included to prevent single bottles,
small containers and pay phones are call out only, parking lots well lighted
and the employees are given training on how to sell alcohol and tobacco
responsibly. He clarified that Chevron owns all of the their stations in Newport
Beach. Some of the operators lease the stations and Chevron makes the
decision on conversions.
Nick Noeousc, Silver Crescent in Irvine as partner with Mr. Mansoor Vakili
spoke in support of this issue for similar reasons stated above.
Mr. Jim Kowlmaral with KHR Associates 2355 Main Street, Irvine spoke as a
consultant to the oil industry noted his support for similar reasons stated
above. Additionally, he suggested the following:
• Types and number of uses within the service station facilities should be
proportionate to the amount of land available for these activities.
• Selling gas is profitable when sold in volume - in some areas; Walgreen
and Price Club are selling gas.
• Allow flexibility with a product mix.
• 50 square foot limit is a very small space and will not work in the practical
world.
Discussion followed regarding guidelines, quality, choices, land size, number
of dispenser. volumes. profits, tank storage areas. building mass, limits, etc.
Public comment was closed.
Chairperson Selich confirmed with staff that if the Planning Commission
decided to reopen consideration of the convenience store concept, a
resolution of intent could be comprised in such a manner that there could be
two alternative ordinances for consideration at the public hearings.
Commissioner Kranzley noted that there are compelling reasons to look at
this. If the service station itself does not make It, It can be scraped and a
convenience store could remain. The Planning Commission would never be
given the opportunity to look at that as a continued use.
Chairperson Selich agreed with this and asked that there would 'be two
ordinances for discussion.
Ms. Temple stated that staff can finalize the resolution for signature at the next
meeting. The wording would include that the initiation could consider
alternatives with and without convenience stores.
0
INDEX
RE
City of Newport Beach
Planning Commission Minutes
February 18, 1999 INDEX
Motion was made by Commissioner Gifford to adopt a resolution of intent to
amend Chapter 20.80 of the Zoning Code. There will be two ordinances for
consideration, one to include the convenience market with a specified size
and one without the convenience market concept.
Ayes:
Fuller, Ashley, Selich, Gifford,
Noes:
None
Absent:
None
Abstain:
Kranzley
SUBJECT:
General Plan Amendment 99 -1
Request to initiate amendments to the Newport Beach General Plan, as
follows:
A. 341 La Jolla Drive: A proposal to change the land use designation from
Single Family Residential to Two - Family Residential.
B. 3000 through 3012 Lafayette and 514 through 520 31" Street (Cannery
Restaurant and Parking lot): A proposal to change the land use
designation from Retail and Service Commercial to Single Family
Residential for 11 lots.
C. 260 Newport Center Drive: A proposal to increase the development limit
to accommodate a 323 square foot addition to an existing office
building.
D. Bia Canvon Area 1 (Sea Island Community Association): A proposal to
increase the dwelling unit limit to allow the construction of three
residential units on an existing tennis court.
E. 3443 Pacific View Drive (Harbor Day School): A proposal to increase the
development limit to allow the addition of a gymnasium to an existing
school facility.
F. 1009 Bayside Drive (Shark Island Yacht Club): A proposal to change the
land use designation from Recreational and Environmental Open Space to
Administrative, Professional and Financial Commercial to allow construction
of an office building.
G. Newport Center: A proposal to increase the development limitation for
several areas of Newport Center as follows:
➢ Fashion Island: Increase the permitted development by 100,000
square feet.
E
Item 5
40
40
39
City of Newport Beach
. Planning Commission Minutes
March 18, 1999
INDEX
Public comment was opened and closed.
Motion was made by Commissioner Kranzley to adopt Resolution No. 1496
recommending approval of Amendment884 to the City Council.
Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund
Noes: None
Absent: Fuller
Abstain: None
SUBJECT: Service Station Regulations Update Item No. 6
• Amendment 885 A 885
An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Continued to 4!8!1999
Municipal Code to update land use and property development regulations
for service stations. Two drafts of the amendment to Chapter 20.80 are
presented: one with provisions for the co- development of convenience
markets and eating and drinking establishments with service stations and one
without co- development provisions.
Senior Planner Alford presenting the staff report noted the following:
• First comprehensive revision to the City's service station regulations since
they were first adopted in 1972.
• This revision is the work of an Economic Development Committee
consisting of EDC members and representatives of the Planning
Commission.
• Intended to correct land use regulations and property development
regulations that are reflective of service stations in the early 1970's
• Intended to correct regulations that prohibit common service stations
such as minor maintenance and the selling of non - automotive
merchandise.
• Draft A contains updated land use and property development
regulations, including provisions for the co- development of convenience
markets and eating and drinking establishments.
a. Convenience markets and eating and drinking establishments
would be permitted with a use permit.
b. Convenience markets would be required to have a minimum of
1,200 square feet of floor area
• Draft B contains the same updated regulations, but without the co-
development provisions.
• Both Drafts allow:
a. Service stations to have up to 50 square feet of floor area to be
• 25
12
City of Newport Beach
Planning Commission Minutes .
March 18, 1999 INDEX
used for the storoge, display and sole of non - automotive
merchandise and food and beveroges.
b. Incidental, minor mointenance commonly conducted at service
islands. (i.e., dispensing of air and water, replacement of
windshield wipers, fuses and lamps, replenishing motor vehicle
fluids and lubricants and vacuuming, hand drying and hand
waxing of vehicles)
c. Establish minimum land area requirement based on the type,
number and size of facilities which allows new development on
smaller sites, yet keeps the intensity of development under control
• Both Drafts distinguish between remodels and new construction. The
proposed design and development regulations would apply to existing
service stations only under certain circumstances.
• There is a provision that grants authority to the Planning Commission to
modify or waive any of the property development regulations for the
expansion or renovation of an existing service station upon finding that
the strict compliance with the standards is not necessary to achieve the
purpose and intent of the chapter.
• Both Drafts would end a prohibition on all alcoholic beverage sales at
service stations that has been in effect since 1972. However, the Alcohol
Beverage Ordinance and use permit process can address alcohol - related
uses on a project by project basis.
• Staff has drafted a set of design guidelines for service stations to advise
•
applicants in the early planning stage of their projects. Service stations
would be required to be consistent with the provisions contained in the
design guidelines.
At Commission inquiry Mr. Alford noted:
• Vehicle /Equipment Repair is permitted as an accessory use subject to the
approval of a use permit.
• The basic intent of the alcohol beverage sales was for beer to be sold in
minimum six -pack containers or in larger single containers of 64 ounces or
more. Wine would be sold in minimum four -pack containers or in single
containers of 25 ounces or more.
Ms. Temple noted that there will be challenges in the enforcement, however,
conditions would be placed on the use permit of the service station as well as
on the Alcoholic Beverage Sales License. Based on the specifics of the
business, conditions of this nature could either be omitted or changed to be.
more suitable for the business.
Public comment was opened.
Mansoor Vakili, 19021 Glenwood Avenue, Irvine owner of Mobile Station at
Pacific Coast Highway and Bayside spoke in support of Draft A. He cited the
following reasons:
26
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City of Newport Beach
;10 Planning Commission Minutes
March 18, 1999
• A public hearing is held befare a business cauld abtain an ABC License.
• Appearance of the statian cauld be updated with additianal
landscaping.
• Service statians need to be madernized to be mare prafitable.
Bab Lintz. 2546 East Caast Highway. a Chevran Statian operatar stated his
cancerns:
• Getting increasingly harder to earn prafits fram auta repairs due to cast of
equipment and technicians and less wark being dane an autamabiles.
• Size of the lats and facilities are small.
• Average statian in Califarnia sells 150.000 gallans of gas a manth. The
average dealer makes I I% a gallan which wauld be $16.500 a manth in
grass prafit.
• Average aperating expense far a gasaline facility with a faad mart is
abaut $30- 32.000 a manth.
• The Exxan statian acrass fram City Hall has an advantage in that they are
dealing thraugh a distributar wha sells gas 10 to 142 a gallan less than a
Mabile. Texaca ar Chevran dealer is. This allaws a bigger prafit.
• We need to have the marts to allaw prafits.
Rick Yast. 22846 Pacific Caast Highway. Malibu representing Chevran stated
his suppart of Draft A to the amendment. Chevran's visian is to canvert
service bays as that it what the custamers and will imprave the facilities.
Cyril Randani - clarified the three trade classes of service statians:
1. Dealer aperated service statian - campany awned ar leased facility with
a building and is being aperated by a dealer.
2. Dealer awned - dealer awns the land. building and is supplied gasaline.
3. Campany aperated statian - campany awned facility with the building
and staffed by campany persannel.
Yad Mausaf. representing Chevran spake abaut his faur new sites. in Fauntain
Valley and Casta Mesa. They were all service bays canverted to full size faad
marts. The new image and laak is well received by the cammunity. The gas
valume has tripled. The campany has training far the emplayees an custamer
service. safety and campliance palicies.
Nick Nadirs. 36 Silver Crescent. Irvine spake in favar of Draft A. He nated the
exceptian to all service statians to have up to 50 square feet of flaar area to
be used far display. It is taa small and asked far it to be changed to 150
square feet.
Richard Luehers. President of Chamber of Cammerce as a prapanent of this
prapasal stated that a year aga there was na testimany fram the industry as
to the benefits far the City. After extensive canversatians with the ail industry
we ask that you suppart Draft A. At Cammissian inquiry. he nated that the ca-
27
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City of Newport Beach
Planning Commission Minutes
March 18, 1999
branding is not as popular as it once
conversion to a mini mart rather than a
enough fast food establishments in town.
Public comment was closed.
was. We would like to look at a
co- branded operation. There are
Chairperson Selich suggested that the Planning Commission should first
discuss the merits of including convenience markets and eating and drinking
establishments in the service station regulations, and take a straw vote on
which Draft is preferred (A or B). Once that policy is determined, then the
Commission can get into the details of the preferred ordinance and take
action as is appropriate.
Chairperson Selich commented that he has been working on this issue for a
year and a half. He generally supports convenience stores and co- branding
if it is a legitimate business concept. However, there will not be savings in the
price of gas for doing these things. The purpose for doing this is to gain
additional profit and cash flows. He opposes allowing convenience markets
and the co- branding concept in the Service Station Ordinance for the
following reasons based on his personal business experience:
Do not bring anything to the community - city residents do not need these
facilities.
• They will primarily service visitors to the city, not the citizens.
• Economic benefit will be only what the visitors spend at these facilities
and it will not be as great as represented by the industry.
• We should be attracting facilities that would be higher end types of uses
that provide the economic revenue to the city and not these types of
facilities.
• The city is not under served by gas stations. The reduction within the city is
in line with the overall percentage nationwide.
• The locations of these facilities would not pass the scrutiny of a Use Permit
hearing before the Planning Commission or the City Council with the
exception maybe of the one on Bristol Street and Irvine Avenue. The rest
of the facilities are too close to residential areas.
• We would be sending the wrong message to the oil industry if we
approved this as we are setting them up for failure at the Use Permit
Hearing.
Concluding, he noted his opposition to the convenience market concept,
however, if it is added in he stated he would work to make it as most
successful as possible.
Commissioner Kranzley, as the other member of this committee, stated that
the service station could be scrapped and a convenience market could be
built by right on that site. He favors Draft A but is not in favor of co- branding.
There should be a rigorous process to get any of these through as there will be
INDEX 0
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City of Newport Beach
Planning Commission Minutes
March 18, 1999
public autcry in certain areas to have canvenience stares tied to service
statians.
Cammissianer Ashley stated his suppart far Draft A. Ca- branding is unessential
and that mini marts and canvenience stares can accammadate the need of
visitars wha would like to have the canvenience of a ane -stap shap. 50
square feet of caaler area is taa small far anyane wha is willing to sell
beverage that wauld meaningful. Staff has indicated that 125 to 150 square
feet seems to be mare camman. If is an existing service statian daes nat want
to add a canvenience but to have same gaads, they shauld have up to 150
square feet maximum of caaler space.
Cammissianer Tucker, agreeing with same of the camments of bath
Cammissianers Kranzley and Selich added that he wauld nat be suppartive of
any mini marts at any lacatian that are nat an any majar arterial.
Cammissianer Giffard stated that canvenience markets are nat an
entitlement of service statians at the present time. She stated she is nat in
favar of eating and drinking establishments ar of ca- branding at this time.
There is ecanamic risk in any business. Cancluding, she stated her suppart far
Draft A with the exceptian of eating and drinking establishments.
Cammissianer Haglund stated his suppart of Ms. Giffard's camments nating
that to da atherwise wauld be to interfere with the market.
Chairpersan Selich then stated that the cansensus of the Cammissian is na co-
branding and Draft A is the ardinance that will be reviewed. He then asked
the Cammissian far their camments an the ardinance itself.
Cammissianer Ashley supparted the staff repart and nated his agreement
with what has been written. There are a lat of neighbarhaad shapping
centers where it wauld be inapprapriate to have a canvenience stare as part
of a statian. Uses of this type wauld be difficult to pracure due to the traffic
and praximity of residences.
Chairpersan Selich nated the fallawing suggestians far the ardinance:
• Use as an appartunity to get the highest quality design - place warding in
Purpase Sectian. 'That is camplimentary and campatible with the
surraunding cammunity and adjacent land uses.'
• Stranger sign standards to gain cantral an the design. Staff needs to
devise regulatians that apply to service statians.
• Landscaping - we have na standards in the city. This ardinance allaws far
us to get mare quantitative in our requirements. Sectian I, Na. 3 where it
talks abaut the landscaping next to the adjacent residential praperty, da
samething in the way of mare quantitative verbiage. Additianal
language cauld be:
O
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City of Newport Beach
Planning Commission Minutes
.March 18, 1999 INDEX
'A 15 gallon container tree shall be no less than one inch caliper, at
least 6 feet in height above grade at the time of planting. A 24 inch
container tree shall be no less than 1.75 inch caliper and at least 7
feet in height above grade at time of planting:
• Additional language relating to landscaping the overall site also needs to
be included to ensure that sizable plant material is included. Staff needs
to come up with a design criterion that would include height and caliper
of planting.
Continuing, he asked staff what is here that is tying the Commission into
design lines that says in fact that the Planning Commission is reviewing these
projects, thru the Use Permit process, to the design guidelines.
Ms. Temple noted that the reference to the design guidelines is Section H in
20.80 -6. That section says that the, "Site plan and architecture design ... shall
be consistent with the City of Newport Beach Design Guidelines: Automobile
Service Stations and Washing" which is the attached design guidelines. This
particular section of the proposed code is design and development
regulations. It states that the following design regulations shall apply to any
existing or new station that would require a use permit. Should the
Commission wish to place a greater emphasis on this as a compliance issue,.
staff could re -craft some of the introductory statements of this chapter to
actually require that formal findings of fact be made on each use permit in
regards to compliance not only with the design guidelines but in reference to
all of the other development regulations contained in this particular section.
Should we do this, we would probably do some work on the section
regarding modification of waiver of regulations to actually clearly set forth
what parameters the commission may waive any of these requirements.
Chairperson Selich then stated that he would like to see a reiteration in the
intent and purpose in the architectural design section. Something to the
affect, while we recognize the industry has standard floor plans that would be
used on these facilities, they are strongly encouraged to provide them with
unique elevation and architectural treatments that would make them unique
to the City of Newport beach and not readily apparent as one of the typical,
corporate owned structures seen elsewhere. This puts the oil industry on
notice of what we want here.
Commissioner Ashley left the podium, as he was not feeling well.
Commission Tucker commented:
• Landscaping - berming to soften the areas and suggestions that the
ground cover be maintained in a flourishing condition
• Drainage - requirement to review the maintenance of the filtration
systems
• Purpose clause - establish requirements to insure that areas and facilities
30
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City of Newport Beach
Planning Commission Minutes
March 18, 1999
provided for or visible by the general public are maintained in a neat,
safe and clean manner.
Additional Requirements - does the property owner disclose conditions
embodied on the permit to new owners and is there any way to record
this?
Ms. Temple answered she would check with the Public Works Department to
see if there are any practices in regards to monitoring the drainage. We
could consider suggesting language that may incorporate into a use permit
requirement some type of reporting mechanism. The applicant would then
be required to provide regular reports to the city, assuring some measures. In
terms of maintenance of landscaping, we have standard use permit
requirements for that. To the extent the Planning Commission is interested, we
could look at placing some of those into a criterion. Use Permits are vested
and run with the land and a standard requirement has been included in
recent years requiring the property owner to provide conditions of approval
to any subsequent business that would exercise the permit. The City
Attorney's office would be able to work with staff to bring back any
suggested changes.
Ms. Clauson suggested her office would look into this, perhaps as a
memorandum of lease. She noted potential problems with expiration,
abandonment and similar problems with covenants.
Commissioner Gifford, supporting the comments spoken, clarified that there is
a call up provision and the analysis of alcohol beverage on sales and that it
will be part of the review process.
Commissioner Kranzley, agreeing with most of the comments, stated he
wanted 50 square feet for incidental foods and the compatibility issue.
Discussion then followed on the 50 square feet of storage and legalizing the
existing service stations that are selling items in violation of the existing code.
Anything beyond this limit necessitates an application for a new use permit
under the new ordinance.
Commissioner Hoglund asked for and received clarification on the
relationship of the parking requirements with the addition of convenience
market and how it impacts that requirement.
Mr. Alford answered that Chapter 20.66 contains all the parking requirements
for various land uses and it would have to be consistent with those. There are
requirements for vehicle repair, convenience markets, eating and drinking
establishments, etc. Any combination of those would have to be consistent
with those requirements. The retail section would have to abide by the
standard parking requirement, which is at 1 space for 250 square feet.
31
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City of Newport Beach
Planning Commission Minutes
March 18, 1999
Commissioner Gifford noted to Commission that when this is looked at, do we
really need to have a minimum of 1,200 square feet. Someone could have
less but we should not preclude them.
It was clarified that eating and drinking establishments is to be removed.
Motion was made by Commissioner Kranzley to continue this item to the next
meeting April 81h.
Chairperson Selich summarized:
• Draft A that provides for convenience markets.
• Changes to the Purpose of the Ordinance, Section C (architectural
design), Section D (public facilities)
• Staff will bring back criteria to incorporate sign approval as part of the use
permit and not a separate section of the zoning code.
• Staff will bring back standards for height and tree caliper on landscaping
and the maintenance of the landscaping.
• Consensus is that we stay with the 50 square feet and the 1200 square
feet.
• No eating and drinking establishments.
• An addendum to the introduction of the design guidelines under
architectural criteria.
• Requirements for the review of the design guidelines.
Ayes:
Tucker, Selich, Gifford, Kranzley and Hoglund
Noes:
None
Absent:
Fuller, Ashley
Abstain:
None
R -A District Height Limits
• A 887
INDEX 0
Item No. 7
A 887
A resolution of inte amend Section 20.65.040 of Title 20 of the Municipal I Approved
Code to place all
pr in the Residential- Agricultural (R -A) District in the
32/50 Foot Height Limitation Zo
Ms. Temple presented the staff report an ted:
• Findings to approve the variance were resent to approve for a
particular case that was heard two weeks ago.
• Research on that case showed that all those area p rties had been
previously in a district that had allowed 35 foot height lima d allowed
the height to be established by use permit.
0
32 0
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City of Newport Beach
Planning Commission Minutes
April 8, 1999
approval to this Use Permit or recommend to the City Council the
r aticn of this Use Permit, upon a determination that the operation
which is bject of this Use Permit, causes injury, or is detrimental to
the health, safer , ce, morals, comfort, or general welfare of the
community.
15. This Use Permit shall expire unless exercise in 24 months from the
date of approval as specified in Section 20.91. f the Newport
Beach Municipal Code.
axs
SUBJECT: Service Station Regulations Update
• Amendment 885
An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the
Municipal Code to update land use and property development regulations
for service stations. This amendment includes a provision allowing the co-
development of convenience markets with service stations.
Chairperson Selich handed out an exhibit - representing Chapter 20.80 with his
recommended changes:
• Add required finding for architectural guidelines.
• Add requirement for a materials board with specifications and samples.
• Eliminate 15 gallon size tree and require 24 inch box size or larger and
minimum shrub size be 5 gallons.
• Effect of Chapter - make the sign regulations applicable to Planned
Community Districts with the provision that the stricter of the standards
apply. If the PC standard is stricter, it applies, if these standards are
stricter, they apply.
Public comment was opened.
Mansoor Vakili, 19021 Kilimont Terrace, Irvine - spoke in support of this
ordinance. He stated his only concern of 50 square feet for limit for non -
automotive sales.
Rick Yost, 2246 Pacific Coast Highway, Malibu - commended staff for the
presentation and asked support of the ordinance. He asked that the 50
square feet be increased to 300 square feet given the definition of the net
public area. He speculated that in the future there would be more displays in
these convenience stores such as lottery machines, ATM machines, etc.
Robert Lintz, Chevron dealer at Pacific Coast Highway and MacArthur noted:
• 24hour availability of restrooms - some facilities are locked during certain
0 19
INDEX
Item No. 4
Recommended for
approval
City of Newport Beach
Planning Commission Minutes
April 8, 1999 INDEX
hours of the evening for security reosons and they operote through lock
up slide out doors. If people ore ollowed to come in and use restrooms
during those hours, it violotes security. This needs to be chonged.
• 50 squore foot limit is not enough - he recommends thot it be 300 squore
foot limit.
At Commissioner Gifford's request, Mr. Lintz come up with some possible
longuoge to be odded to Section L. of 20.80 -8. "One men's rest room and
one women's rest room sholl be provided to the generol public during oil
hours of operotion in which the entry to the coshier's oreo is unlocked." All
fociiities, he odded, hove different locked times. They usuolly close of 1 in the
morning and open of 5 in the morning. Some close of 11 p.m. and open of
5:00 o.m. Optionol longuoge provided by Mr. Lintz wos phrosed os "entry for
poyment" thot is stopped which meons the customers poy through on outside
source. Most of the restrooms ore occessed through the inside.
Nick Nordis, 36 Silver Crescent, Irvine spoke in fovor of the ordinonce. He
noted his confusion with the 50 squore feet of floor oreo limit for non -
outomotive soles. He osked for clorificotion.
Mr. Potrick Alford ciorified thot the customer service net public oreo includes
ony oreo thot is used for the sole and disploy of items or to serve the
customer. It would not include oreos thot ore primoriiy used by. the
employees such os the coshiers oreo. Referencing poge 2 of the scoff report.
Mr. Alford exploined the diogroms thot ore not for the service of the
customers. A full 50 squore feet con be used for sole of non - outomotive
items.
Choirperson Selich noted thot if there wos some question of this, it would be
up to the City scoff to do some interpretotion if there is o mix of outomotive
and non - outomotive items together. The intent of the Ordinonce is cieoriy
thot it is the footprint of the merchondise.
Public comment wos closed.
Commissioner Fuller osked where the 50 squore foot come from and wos
onswered thot under the current reguiotions non - outomotive items con only
be sold from vending mochines. In reoiity, Mr. Alford exploined, service
stotions hove open disploy rocks, shelves, etc. corrying these items. The intent
wos to ollow 50 squore feet to legitimize thot type of soles but not to ollow it
to evolve into o smoll convenience morket. During the subcommittee's
review. 50 squore feet seemed to be proportionol to these types of
operotions. They could opply for o use permit for o full convenience morket:
it would hove to be 1200 squore feet for the floor oreo thot would ollow for o
woik -in cooler.
20 0
City of Newport Beach
Planning Commission Minutes
April 8, 1999
Discussion
• Signs -
• Pole signs can be done with a renovation to an existing service
station, as there is a provision for a waiver or modification of the
regulations. A new service station could apply for an Exception
Permit.
• Canopy signs are provided for.
Wall signs are proportional to the size of the building.
• A service station itself provides for its own identification.
• Monument signs could depict the fuel prices for types of gasoline.
• State law requires that signage be visible from all street frontages.
• Stations have option of freestanding fuel price signs.
• Most contemporary service station developments usually includes fuel
pricing signs in the monument format rather than up on a pole as was
in the past.
• Roughly 8 or 9 stations within the City are fully signed with monument
signs that generally follow this criteria.
Motion was made by Commissioner Gifford to adopt Resolution No. 1497
recommending approval of Amendment 885 as modified by the subsequent
staff report received by the Commission for this meeting and further modified
by the suggestions of the Chairman to the City Council. This would also
include language, "accessible during hours of entry for payment" referencing
the restroom availability.
Commissioner Hoglund requested the maker of the motion to include
verbiage regarding minimum hours that restrooms be available.
Commissioner Gifford suggested that an applicant be responsive to that
suggestion.
Public Comment was re- opened.
Mr. Lintz stated that the concept of not allowing access to the restrooms is for
security of the cashier who is on duty by himself during hours of operation
where he /she could be subjected to injury or robbery. For instance. if he is
required to have the building locked until 6:00 a.m. because of security
problems in specific areas and you want to require that the restrooms be
accessible then there is a conflict with security issues. You would be better of
it its safe enough to open the door for customers to pay. it is safe enough for
them to use the restrooms. Customers who come in the early part of the
morning want to be able to pick up food items. To have the store open as
long as possible is revenue as a profit center. The only reason to lock it would
be security. This will be site specific.
• 21
INDEX
City of Newport Beach
Planning Commission Minutes
April 8, 1999
Discussion followed on limiting the hours, crime differences in areas and the
need to be specific or not. The motion stands as is.
Chairperson Selich noted for the record that he would vote in favor of the
motion, but is opposed to concept of convenience markets for the reasons
enumerated in the March 1811 minutes. The ordinance is a good one and the
benefits from it over ride his concerns on the convenience markets.
Ayes:
Fuller, Ashley, Selich, Gifford, Kranzley and Hoglund
Noes:
None
Absent:
Tucker
Abstain:
None
Summary of changes proposed by Chairperson Selich:
• Add a 'required findings' section that requires the Planning
Commission to find that a project is consistent with the purposes of this
chapter and that the proposed site plan and architecture are
consistent with the City of Newport Beach Design Guidelines.
• Add the requirement for a materials board in the application contents
section.
• Increase the minimum tree size to 24 -inch box.
• Increase the minimum shrub size to 5- gallon.
• Revise Section 20.67.010 to require service station signs in Planned
Community Districts to be subject to the provisions of Section 20.67.030
(D), unless more restrictive sign regulations are contained in the
planned community development plan.
s:s
SUBJECT: Circulation Element of the General Plan
City of Newport Beach
• General Plan Amendment No. 98.8 bi
An amendment to the Circulation Element a Newport Beach General
Plan to reclassify the segment of Sa��11ti go Drive located between Irvine
Avenue and Tustin Avenue from SyW-condory Arterial to a Commuter Arterial.
Mr. Edmonston noted additional information:
• This has resulted rom a process that took place over two years.
• No o i ion from residents.
• nge County Transportation Authority guidelines have been and will
22
INDEX 1*
Item No. 5
Recommended
Approval
►�J
ORDINANCE 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENT TO CHAPTER 20.80,
CHAPTER 20.03, AND CHAPTER 20.67 OF TITLE 20 OF THE
MUNICIPAL CODE TO UPDATE LAND USE AND PROPERTY
DEVELOPMENT REGULATIONS FOR SERVICE STATIONS
[PLANNING COMMISSION AMENDMENT 8851
WHEREAS, current zoning regulations for service stations have not been updated since their
adoption in 1972; and
WHEREAS, that due to the specificity of the current regulations, a number of common
service station activities are in violation the Zoning Code; and
WHEREAS, the current land use and property development regulations are not consistent
with contemporary service station development; and
0 WHEREAS, the land use and property development regulations need to be revised in order
to correct these shortcomings; and
WHEREAS, on March 18, 1999 and April 8, 1999, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment 885; and
WHEREAS, on May 10, 1999, the City Council of the City of Newport Beach held a public
hearing regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
0 FOLLOWS:
SECTION 1: Section 20.03.030 (Definitions), Chapter 20.80 (Service Stations), Section
20.67.010 (Effect of Chapter), Section 20.67.020 (Definitions), and Section 20.67.030 (D)
(Automobile Service Stations in Any District) of Title 20 of the City of Newport Beach Municipal
Code" shall be revised to read as provided in Exhibit "A."
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on May 10, 1999, and adopted on the 24th day of May, 1999, by the following
vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
P
0
RESOLUTION NO.
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING DESIGN GUIDELINES FOR
SERVICE STATIONS
WHEREAS, the Economic Development Committee and the Planning Commission formed
a subcommittee to study potential revisions to the land use and property development regulations
for service stations; and
WHEREAS, the Economic Development Committee and Planning Commission
subcommittee determined that a set of design guidelines are needed to review and evaluate the
design of service stations to insure consistency with the City's policies relating to visual quality,
community character, and the protection of adjacent development and land uses; and
WHEREAS, on April 8, 1999, the Planning Commission recommended the adoption of the
design guidelines.
THE C]TY COUNCIL OF THE C]TY OF NEWPORT BEACH DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: The City of Newport Beach Design Guidelines, attached herein as Exhibit
"A," are hereby adopted.
SECTION 2: The Planning Department and Planning Commission are hereby directed to
use the City of Newport Beach Design Guidelines to review and evaluate the design of service
stations for consistency with the policies of the City of Newport Beach.
0
5 `�
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on May 10, 1999, by the following vote, to wit: 0
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
0
0
DEAR`VAYOFZANDCrrYCOUNCIL MEMBERS:
UNITED OIL COMPANY IS RESPONDING TO YOUR UPCOMING PUBLIC HEARING
REGARDING-SERVICE STATIONS ANDALLOWNGTHE CO- DEVELOPMENT OF CONVENIENCE
STORES WITH THEM. WE CURRENTLY OWN AND OPERATE THE MOBIL STATION AT 3400 E.
PACIFfC COASTHWYINCORONA DEL MAR. THIS FACILITY WAS COMPLETELY REBULT
SEVERAL YEARS AGO TO COMPLY WITH THE FEDERAL EPA LAWS REQUIRING ALL SERVICE
STATIONS UNDERGROUND -TANKSTO�BE UPGRfIDED TO DOUBLE WALL SYSTEMS.
• UNITED OIL OPERATES 70 SERVICE STATIONS IN VARIOUS CITIES OF SOUTHERN
CALIFORNIA. WEFiAVEBEENUPGRADMG OUR LOCATIONS FORTHELAST "FOURYEARS
TO MEET THE EPA REQUIREMENTS. WHEN WE UPGRADE FACILITIES WE TRY TO DESIGN THE
STATION TO MAXIMIZE THE PROFtF PtTTENTFAL IN EACH LOCATIM. WHEN OUR CORONA DEL
MAR LOCATION WAS REDESIGNED FOR A RE- BUILD, WE WERE TOLD THAT THE CITY OF
NEWPORTBEACK WOULD NOTALLOWTHE DEVELOPMENT -OFA CONVENT ENCESTORE-WITH
THE GAS STATION. WE THEN HAD TO DESIGN THE STATION TO BE A GASOLINE SITE ONLY.
THE COST OF THIS UPGRADEW ITHALL OTHER NPROVEMENTSMADEAT THE-TNEWAS
OVER $600,000.00.
•
UNITED OIL AS WELL AS OTHER GASOLINE STATIONS CURRENTLY OPERATING
IN THE CITY OF NEWPORT BEACH WOULD BE AT A GREAT DISADVANTAGE IF THE
REGULATIONS WlERE NOWCHANG€DTOALLOW CONVENIECESTORES: ALL STATIONS
OPERATORS HAVE INVESTED A GREAT DEAL OF MONEY TO UPGRADE SITES AND IT WOULD
BE COST PROHIBITED FOR US TO RE -BUILD LOCATIONS AGAIN TO COMPETE WITH NEW
POTENTIAL OPERATORS THAT COULD BUILD A STATION WITH A CONVENIENCE STORE.
UNFORTLWENTLY WE WILL NOT BE ABLE TO ATTENUTHE MAY to HEARING,
BUT WE WOULD LIKE TO EXPRESS OUR OPINION ON THE MATTER. IF YOU HAVE ANY
FURTHER QUESTIONS, PLEASE FEEL FREE TO ASK.
COUNCIL AGENO
N0' `° - S Rg
UNITED OIL COMPANY
18525 S. Main St.
Phone (310) 323 -3992
Gardena, California 90248
Fax (310) 323 -3483
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APRIL 30, 1999
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CITY OF NEWPORT BE44CH
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3300 NEWPORT BLVD.
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NEWPORT, CA. 92658-8915
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RE: AMENDMENT 885
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DEAR`VAYOFZANDCrrYCOUNCIL MEMBERS:
UNITED OIL COMPANY IS RESPONDING TO YOUR UPCOMING PUBLIC HEARING
REGARDING-SERVICE STATIONS ANDALLOWNGTHE CO- DEVELOPMENT OF CONVENIENCE
STORES WITH THEM. WE CURRENTLY OWN AND OPERATE THE MOBIL STATION AT 3400 E.
PACIFfC COASTHWYINCORONA DEL MAR. THIS FACILITY WAS COMPLETELY REBULT
SEVERAL YEARS AGO TO COMPLY WITH THE FEDERAL EPA LAWS REQUIRING ALL SERVICE
STATIONS UNDERGROUND -TANKSTO�BE UPGRfIDED TO DOUBLE WALL SYSTEMS.
• UNITED OIL OPERATES 70 SERVICE STATIONS IN VARIOUS CITIES OF SOUTHERN
CALIFORNIA. WEFiAVEBEENUPGRADMG OUR LOCATIONS FORTHELAST "FOURYEARS
TO MEET THE EPA REQUIREMENTS. WHEN WE UPGRADE FACILITIES WE TRY TO DESIGN THE
STATION TO MAXIMIZE THE PROFtF PtTTENTFAL IN EACH LOCATIM. WHEN OUR CORONA DEL
MAR LOCATION WAS REDESIGNED FOR A RE- BUILD, WE WERE TOLD THAT THE CITY OF
NEWPORTBEACK WOULD NOTALLOWTHE DEVELOPMENT -OFA CONVENT ENCESTORE-WITH
THE GAS STATION. WE THEN HAD TO DESIGN THE STATION TO BE A GASOLINE SITE ONLY.
THE COST OF THIS UPGRADEW ITHALL OTHER NPROVEMENTSMADEAT THE-TNEWAS
OVER $600,000.00.
•
UNITED OIL AS WELL AS OTHER GASOLINE STATIONS CURRENTLY OPERATING
IN THE CITY OF NEWPORT BEACH WOULD BE AT A GREAT DISADVANTAGE IF THE
REGULATIONS WlERE NOWCHANG€DTOALLOW CONVENIECESTORES: ALL STATIONS
OPERATORS HAVE INVESTED A GREAT DEAL OF MONEY TO UPGRADE SITES AND IT WOULD
BE COST PROHIBITED FOR US TO RE -BUILD LOCATIONS AGAIN TO COMPETE WITH NEW
POTENTIAL OPERATORS THAT COULD BUILD A STATION WITH A CONVENIENCE STORE.
UNFORTLWENTLY WE WILL NOT BE ABLE TO ATTENUTHE MAY to HEARING,
BUT WE WOULD LIKE TO EXPRESS OUR OPINION ON THE MATTER. IF YOU HAVE ANY
FURTHER QUESTIONS, PLEASE FEEL FREE TO ASK.