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HomeMy WebLinkAbout2019-08-01 Response to Notice of Incomplete Filing dated 03142019 CDM UNOCAL Revised (1)SEPTEMBER, 15 2019 Chelsea Crager Assistant Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Response to Notice of Incomplete Filing CUP UP2019-004 Coastal Development Permit No. CD2019-005 CDM-UNOCAL 2201 Coast Hwy E Corona Del Mar, CA 92625 Dear Mr. Zbeda: This letter is to provide additional information as requested by your letter of March 14, 2019. Project Modifications: We have downsized the project considerably. We have reduced the proposed square footage from 4,025 SF to 2.590 SF. The first floor has been reduced from 2,400 SF to 2,240 SF. As a result the 2nd floor was reduced signiciantly and by locating the 2nd floor over the areas of the 1st floor that have a reduced ceiling height the building height was reduced from 32’ to 27’. Additionally the height of the building along the residential side of the project (south) was reduced to 18’. Also the reduction of the square footage has allowed us to reduce the number of parking spaces required to allow us to relocate the trash enclosure to the rear of the site, away form PCH. And increase the landscaping along the street. We have also modified the design. We have met with several Planning Commissioners to get feedback on the design and have designed the project so that the graphic features are visible from PCH and not visible from the residential properties to the south. Direst Responses from Incomplete Filing Letter: The City Comments are Italicized and numbered to match your letter, the responses are lettered and not italicized Security. Provide a security plan for the site. We have included Sheet SE-1 in our submittal indicating our proposed camera locations and camera types. We will include cameras in the interior as well, once the final floor plan and store fixtures have been selected. We will work with NBPD on all coverages and other requirements, for a Type 20 Beer & Wine license as well. Once we see the NBPD comments we can address the rest of the plan with the next submittal. Alcoholic Beverage Sales. Although comments from the Police Department are pending, it is unlikely that findings for public convenience or necessity will be made. In this case, staff will not support this aspect of the application. Since we have not seen the NBPD findings and report it is difficult to address specifics. We are not sure what the basis is for the Planning Staff not recommending approval or whether a a finding of “public convenience or necessity” is even required. But assuming that it is in the same census tract as many of the permits that have already been processed across the street, which I presume required this finding, we will address this in general. This is an important aspect to our business plan, and we are very willing to accept conditions of approval that will alleviate problems and concerns normally associated with type 20 licenses. Over-Saturation. This assumes that there is an over saturation because of all the restaurants and grocery stores in the neighborhood that sell beer and wine. As is typical in this situation, we are located in the commercial cooridor and not in a residential neighborhood, therefore we will have more licenses than in the neighboring census tracts. Also, similar to the other grocery stores in the neighborhood, we will accept conditions of approval that will allow us to be a responsible retailer. We will voluntarily limit our hours of sales from 6AM to 12AM, and other restrictions such as additional training of our employees, in regards to Alcohol sales. Older licenses that do not have similar conditions tend to have more problems that are typically associated with Alcohol. Higher Crime. Again because this is a commercial area there will be a tendancy to have more crime than adjacent residential neighborhoods. Selling beer and wine with the proposed restrictions should not make this situation worse. Public Covenience and Necessity. Having the convenience of having our customers, not have to make an additional stop to buy groceries, including beer and wine, when buying gas, makes sense. Why cause extra “trips” for customers and traffic for residents? Conclusion: Allowing beer and wine sales at our grocery/convenience store will save additional trips. Similar to the other grocery stores in the neighborhood, we will accept conditions of approval that will allow us to be a responsible retailer. Minimum Land Area. Each lot for a service station shall include 1,500 square feet of land area for each fueling space (8 proposed), 1,000 square feet for each service bay or washing bay (none proposed), and 3.33 square feet for each square foot of gross floor area used for retail and/or food and beverage sales (4,025 SF proposed). Based on this, the required land area is 25,403.25 square feet. Revise scope of the project accordingly We have downsized the project considerably. As the attached traffic study indicates, the trips generated by the proposed project are not significantly different than the existing project. The existing project has been working on a site that does not meet these guidelines successfully for over 50 years and the proposed project should not make this situation worse. As we indicated in our original submittal, based on the standards the existing site with the existing uses would be required to be as follows: (according to the current standards) 8 existing fueling positions to remain 8x1,500=12,000SF 3 service bays x 1,000sf= 3,000 SF 500 SF Convenience Store x 3.33sf= 1,665SF Total Site Required = 16,665 SF Existing Site = 13,853SF Proposed Project: 8 existing fueling positions to remain 8x1,500=12,000SF 2,240 SF Convenience Store x 3.33sf= 7,459SF Total Site Required = 19,459 SF Existing Site = 13,853SF We will request a waiver under item 10 below. Access. Please see attached comments/corrections from the Public Works Department. See PUBLIC WORKS RESPONSES Water Quality and Management Plan (WQMP). Provide a preliminary WQMP. This must be reviewed prior to public hearing We anticipate another review and will prepare the plan for the next submittal. Landscaping. Review NBMC Section 20.48.210.N (Service Stations – Landscaping). Clearing demonstrate compliance with this section with a detailed landscape plan. We have revised the planters and the parking from our first submittal. We have relocated the trash enclosure and elimiated a parking space. The revised site plan indicates clearly the size and locations of the planters. We address the Modification form standards in item 10 below. We will have a landscape architect prepare landscape plans, indicating the planting material in our next submittal. Lighting. The project site is located adjacent to a residential zoning district. Provide an existing photometric plan and a proposed photometric plan to demonstrate no negative lighting effects. We are aware of the relationship with the residential next door. We have revised our building design to minimize the impact to the adjacent area. We sited the building, in the same way as the existing building in order to effectively block noise, light and activity that occurs on site as well as on Pacific Coast Hwy. We will provide a photometric plan during our next submittal. Grade Establishment. Establish the grade of the lot pursuant to NBMC Section 20.30.050 (Grade Establishment). This is for the purposes of measuring height. Provide a topographic survey, and ensure that the four corners of the polygon closely approximate the footprint of the proposed structure, not necessarily the corners of the lot. We followed the NBMC. Please see Sheet AS-1.0 under project Data. BUILDING HEIGHT LIMIT: Elevations of each corner of the site are noted on the plans and are as follows: SW 107.25, NW 107.36, SE 109.15, NE 110.03 ADDED TOGETHER =TOTAL 433. DIVIDED BY 4=AVERAGE 108.45 PAD HEIGHT 32', TOP OF BUILDING MAXIMUM = 140.45 Proposed First Floor Finish Floor Elevation is 108.80 Proposed maximum height of building is 135.80 Bulk, Scale, and Height. Please call or email at your earliest convenience to set up a meeting with Planning staff to discuss the bulk, scale, and height of the proposed project. The project as designed appears to be incompatible with the surrounding neighborhood. Thank you for taking the time to meet with us. We were able to implement many of the comments into our revised design. Modification or Waiver of Standards. For any standard of NBMC Section 20.48.210 (Service Stations), including landscape standards, provide written justification addressing the following: The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. We have addressed all of the requests to modify the standards at the end of this response. Public Works Comments. Please see the attached comments from the Public Works Department. As proposed, the project requires a traffic study. Redlines from Public Works are available for pickup at the Planning Counter. See PUBLIC WORKS RESPONSES Life Safety Services Conditions. Please see the attached recommended conditions of approval from the Life Safety Services Division. See LIFE SAFETY SERVICES RESPONSES Building Division Comments. Please see the attached comments from the Building Division. Redlines from the Building Division are available for pickup at the Planning Counter. See BUILDING DIVISION COMMENTS RESPONSES PUBLIC WORKS COMMENTS Show existing and proposed utilities. See Sheet AS-1.0 Clarify the turning templates used for the fueling trucks and trash trucks. Identify the truck size and show the truck position throughout the entire site. Please also clarify the trash truck movement as the path shown does not go near the proposed trash enclosure. This information is necessary to evaluate the projects ability to retain the westerly driveway on East Coast Highway. See Sheet AS-1.0 All driveways shall be reconstructed per City standard to accommodate an accessible path across the driveway approach. Driveways shall not be constructed closer than 5 feet from the curb return. Show slopes and elevation of the driveway approach. The easterly driveway approach on East Coast Highway shall be narrowed to align with the parking aisle. See Sheet AS-1.0 Parking spaces adjacent to curbs shall be 9 foot wide minimum. Provide a fully dimensioned parking layout (see mark ups). See Sheet AS-1.0 Relocate the proposed parking lot lights to the front on the stalls. See Sheet AS-1.0 Ensure that the proposed bike racks and bikes do not project into the drive aisle. See Sheet AS-1.0 Based on the one-way drive aisle along the easterly property line, will the fueling lanes also be one-way. Please clarify. See Sheet AS-1.0 Provide the existing square footage of the Gas Station building. See Sheet AS-1.0 The the existing public infrastructure on the plans (i.e. signal! poles, bus stop, signage, etc.). See Sheet AS-1.0 The proposed project is forecast to generate an additional 468 new daily trips above the existing conditions. A Traffic Phasing Ordinance {TPO) analysis is required for all projects that generate 300 new daily trips or more. This project will require a TPO study. The applicant may want to provide a trip generation analysis, prepared by a California Registered Traffic Engineer to justify lower trip generation or reduce the project size. The preliminary trip generation table is provided. See attached trip generation analysis. See mark ups. See Sheet AS-1.0 Conditions of approval will be provided upon resubmittal. Noted FIRE DEPARTMENT-LIFE SAFETY SERVICES DIVISION COMMENTS Where carbon dioxide storage tanks, cylinders, piping and equipment are located indoors, rooms or areas where a leak of carbon dioxide can collect shall be provided with either ventilation in accordance with California Fire Code (CFC) Section 5307.5.l or an emergency alarm system in accordance with CFC Section 5307.5.2. Acknowledged. This will be addressed during the construction document phase. Two exits from the second story will be required if the occupant load upstairs is over 29 persons or the common path of egress travel distance is 75 feet or greater. Acknowledged. There are fewer than 29. This will be addressed during the construction document phase. BUILDING AND SAFETY COMMENTS Canopy and building separation must illustrate compliance with section 406. 7 California Building Code (CBC) and the California Fire code. Acknowledged. This will be addressed during the construction document phase. Exterior fire walls must project the same distance as any roof or building elements that run adjacent to property line and are with 10 feet of the property line. Acknowledged. This will be addressed during the construction document phase. Fire rated wall at trash enclosure must extend to roof sheathing. Acknowledged. This will be addressed during the construction document phase. Single exit from second floor must be justified with compliance to Building code, along with exiting through storage area from second floor office. Acknowledged. This will be addressed during the construction document phase. Window along alley must illustrate compliance with section 705.8 CBC. Acknowledged. We have eliminated the window on the alley. MODIFICATION OR WAIVER OF STANDARDS NBMC Section 20.48.210. The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. WAIVERS REQUESTED: MINIMUM SITE SIZE Statement of Facts: Existing site with the existing uses: (according to the current standards) 8 existing fueling positions to remain 8x1,500=12,000SF 3 service bays x 1,000sf= 3,000 SF 500 SF Convenience Store x 3.33sf= 1,665SF Total Site Required = 16,665 SF Existing Site = 13,853SF Proposed Project: 8 existing fueling positions to remain 8x1,500=12,000SF 2,750 SF Convenience Store x 3.33sf= 9,157SF Total Site Required = 21,158 SF Existing Site = 13,853SF Justification: The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. The existing station has opperated for over 50 years and has a demonstrated history of success on a site that does not meet the minimum size requirements of the current code. We have downsized the project considerably. As the attached traffic study indicates, the trips generated by the proposed project are not significantly different than the existing project, therefore the proposed project should continue to perform at Newport Beach’s high standards. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. The project will enhance the appearance of the Property with updated and improved, strategically located, landscaping. New landscaping will comply with the requirements of the Water Efficient Landscape Ordinance ("WELO"). The Property will be developed with an expanded and enhanced convenience store building. The building will be 25 feet high. The building architecture is designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building is located in the same location as the existing location and is similar in size and mass. This building location maximizes its ability to block noise from Coast Hwy. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The site plan and architectural design of the expanded convenience store and the existing service station is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The proposed improvements to the building architecture will provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building elevations reflect architecturally treated wall surfaces to prevent monotony. SETBACK FROM ALLEY Statement of Facts: NBMC Section 20.48.210 seeks a 10’ setback adjacent to the alley. We are proposing 0’. The CC zoning does not require a setback adjacent to an alley The Existing service station is required to be 30 feet from the alley, but because of the nearly 6 foot grade difference, there can be no access from the Alley. By siting the building on the property line back in 1972, this allowed for the service bays to be faced away from the residential uses, minimizing the noise and circulation impacts. Also with a 6’ retaining wall and a 6’ site wall, there would be a 12’ high wall that would be directly adjacent to the alley. The existing building wall was not that much more of an impact and had the added benefit of blocking noise from Coast Highway. The proposed Convenience Store building is proposed to be located in the same location as the existing building. The code only requires a 10 foot setback from an alley for a convenience store or office. Because of the grade separation at the alley, it makes sense to locate the building at the same location as the existing building. And not a useless 10’ yard along the south property line. Justification: The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. The intent of the setback is to provide a Buffer adjacent to the Alley. But because of the existing grade difference there will be a wall there and therefore the setback would not provide a buffer. Better for the residential uses to have as large of a wall as close as possible to help block noise from PCH. The proposed project should continue to perform at Newport Beach’s high standards. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. The project will enhance the appearance of the Property with updated and improved, strategically located, landscaping. New landscaping will comply with the requirements of the Water Efficient Landscape Ordinance ("WELO"). The Property will be developed with an expanded and enhanced convenience store building. The building will be 25 feet high total and only 18’ high at the property line. This is approximately the same as the existing building. The building architecture is designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building is located in the same location as the existing location and is similar in size and mass. This building location maximizes its ability to block noise from Coast Hwy. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The site plan and architectural design of the expanded convenience store and the existing service station is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The proposed improvements to the building architecture will provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building elevations reflect architecturally treated wall surfaces to prevent monotony. LANDSCAPE STANDARDS Statement of Facts: NBMC Section 20.48.210 seeks a 5’ minimum planter size on the perimeter planters and planters between driveways. The proposed project has a planter along Avacado is 5’ to the outside face not the inside. This is in an area where the parking spaces have been enlarged to meet current code, but there is not enough space between the existing canopy and the increased parking space to allow the fueling truck to access the site and provide a larger planter. The proposed planter on the east property line is “sawtoothed” and Meets the 5’ requirement, but because of the one way angled parking it is not 5’ throughout the planter. The proposed Landscape Area is 11.5% which is below the minumum 15% required. The landscaping is strategically located at the corner and at the property lines and will meet the city requirements as far as plant material and irrigation. These are located in locations that give maximum visual impact. The existing grade conditions, restrictive site conditions and desire to block noise from Coast Hwy make it imposible to achieve the site design and meet the landscape coverages. Justification: The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. The intent is to provide a landscape buffer adjacent to the street. A 4’ planter will still meet the intent of the requirements. Because the planter is on a slope the landscaping will appear as larger than it is. The east property line landscaping, because of its sawtooth design will allow the trees required by the city to be installed and will meet the intent of trees. The parking and the adjacent building will block views of the planter and most people will not be aware that the planter does not meet the strict adherance to the stanndards. The balance of the required percentage of landscaping would normally be along the alley, but with the grade difference would never be viewed, so the 11.5% landscaping in lieu of 15% landscaping will appear no differently to the public. The proposed project should continue to perform at Newport Beach’s high standards. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. The project will enhance the appearance of the Property with updated and improved, strategically located, landscaping. New landscaping will comply with the requirements of the Water Efficient Landscape Ordinance ("WELO"). The Property will be developed with an expanded and enhanced convenience store building. The building will be 25 feet high total and only 18’ high at the property line. This is approximately the same as the existing building. The building architecture is designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building is located in the same location as the existing location and is similar in size and mass. This building location maximizes its ability to block noise from Coast Hwy. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The site plan and architectural design of the expanded convenience store and the existing service station is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The proposed improvements to the building architecture will provide an attractive appearance that is compatible with and complimentary to the surrounding area. The building elevations reflect architecturally treated wall surfaces to prevent monotony. We believe that this addresses all the concerns in your letter of March 14, 2019. Please advise us if there is anything further required to complete this application. Western States Engineering Joseph Karaki President