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HomeMy WebLinkAbout2020-04-02 Response to Notice of Incomplete Filing dated 03022020 CDM UNOCAL ASLAN COMPANIES, INC. C:949-250-7118 SPEOTTER@ASLANCO.COM - WWW.ASLANCO.COM 14252 CULVER DRIVE, SUITE A-305, IRVINE, CA 92604 April 19, 2020 Chelsea Crager Assistant Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Letter of Justification PA2019-027 CDM-UNOCAL 2201 Coast Hwy E Corona Del Mar, CA 92625 Dear Chelsea: This letter is to provide the project description and justification for CUP UP2019-004/CDP CD2019-005. Upgrade to the existing UNOCAL station at 2201 East Coast Highway. This proposed project will replace the existing auto service bays and existing small Convenience Store (C-Store) with a larger, modern convenience store that will sell groceries including Beer & Wine. EXISTING LAND USE: 1. Existing Zoning CC-B Corridor Commercial 2. Existing Use Permit 1580-UP Issued on January 18, 1972, including the following: a. New 1,701 SF Auto Service Building b. Fuel dispensing (2 islands) c. 3 Mechanics Bays, 1 outside lube rack d. Tire Sales e. Automobile Rentals (3 cars) f. C-Store sales (candy/drinks/cigarettes) g. Auto washing and detailing (no mechanical car wash) h. Car battery sales i. 10 parking spaces(5 tandem) PROJECT DESCRIPTION: Proposed Scope of Work for Modification: 1. Existing 13,854 SF Site. 2. Demolish existing 1,701 SF Auto Service/ C-Store facility 3. Build a new 2,590 SF C-Store building. a. 2,200 SF C-Store b. 390 SF 2nd floor Office 4. Type 20 ABC license - Off-Sale Beer and Wine (Permitted use) 5. Existing Fuel Dispensors (8 Fueling Positions) will remain 6. Existing underground gasoline storage to remain 7. Existing 1,699 SF Fuel Canopy to remain. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 2 8. Add 1 parking space for a total of 13 Parking spaces (plus 8 Fueling positions which provide parking for the C-Store while fueling). 9. Relocate driveway along Avacado Avenue further from the corner Approvals Required: 1. New Use Permit/Coastal Development Permit (PA2019-27) replacing the existing Use Permit 1580-UP a. Demolish existing (1,701 SF) Auto Service/C-Store Facility b. Build 2,590 SF Building i. 2,200 SF Convenience Store ii. 390 SF 2nd floor Office 2. Modification of Service Station Standards required (per 20.48.210) a. Minimum Lot Size b. Landscaping Justification and Findings for the Conditional Use Permit: 1. The use is consistent with the General Plan and the Local Coastal Plan; a. The subject property has a General Plan land use designation of Commercial Corridor ("CC") within the General Plan. The CC designation is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Fuel/service stations and convenience stores are permitted uses within this land use designation with approval of a use permit. The larger convenience store and existing service station are consistent with this designation. b. The service station development is located at the South corner of East Coast Hwy and Avacado Avenue. East Coast Highway provides a primary transportation route through the city. The proposed expanded convenience store and existing service station development will provide services for visitors to the City as well as residents and employees of businesses located within the area and throughout the City. c. The subject property is not part of a specific plan area. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; a. The Property is located in the Commercial Corridor ("CC") Zoning District. The CC designation is intended to provide for areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The existing service station development is located at the intersection of a major road (East Coast Hwy) and Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 3 a secondary road (Avacado Avenue) and will provide services for residents of the surrounding area, employees of businesses located within the area, and visitors to the City. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; a. The Property is located at the South corner of East Coast Hwy and Avacado Avenue. The site is abutting residential properties to the south and commercial properties to the west, north and east. The Property provides a convenient location for residents and employees of the neighboring areas as well as visitors to the City traveling on East Coast Highway to purchase fuel and convenience items. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle access and public services and utilities; and a. The project is located at the intersection of a primary road and a secondary road. The size of the Property is adequate for the intended use. The existing station has opperated for over 50 years and has a demonstrated history of success. Vehicular access to the site is provided via three existing driveways, two adjacent to East Coast Highway and one adjacent to Avacado Avenue. The Avacado Driveway is being relocated further from the corner to improve intersection performance. The project is located and designed to provide adequate circulation and parking on-site for the service station and convenience market. b. The subject Property is developed with the existing service station, convenience store, and 3 service bays. There is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the proposed project development. c. The improvements to the project site will comply with all City of Newport Beach Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. a. The existing service station, convenience store, and service bays have been in operation since 1972 pursuant to Use Permit No. 1580 when the station replaced and older, obsolete and outdated service station that had been there for decades. The development has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring residential uses. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 4 b. The service bays are located at the rear of the site to minimize noise and light impacts to the residential uses to the south of the project. Elimination of the service bays and increasing the size of the convenience store will eliminate the current noise from the service bays and the use will be more compatible with the surrounding neighborhood. 6. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section. Modification or Waiver of Standards 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 2,590 SF Convenience Store x 3.33sf= 8,625SF Total Site Required = 20,625 SF Existing Site = 13,853SF Justification: a. The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. a. 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. b. 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 meet the intent of NBMC Section 20.48.210. b. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 5 a. 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"). b. 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 off-site noise from Coast Hwy for the benefit of the residents to the south of the project. c. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: “Automobile Service Stations and Washing”. a. 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. Minimum Landscape Standards NBMC Section 20.48.210 seeks a 5’ minimum planter size on the perimeter planters and planters between driveways, and a 15% minimum site area for landscaping. Statement of Facts: a. The proposed project has a planter along Avacado that 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 still provide a larger planter. b. 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. c. 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 Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 6 off-site noise from Coast Hwy make it imposible to achieve the site design and meet the landscape coverages. Justification: a. The strict compliance with the standard is not necessary to achieve the purpose and intent of NBMC Section 20.48.210. a. 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. b. 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 in the code. 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. c. 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. d. The proposed project should continue to meet the intent of NBMC Section 20.48.210 b. The project possessed compensating design and development features that offset impacts associated with the modification or waiver of standards. a. 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"). b. 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. c. 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. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 7 c. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. a. 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 7. The project possesses compensating design and development features that offset impacts associated with modification or waiver of standards. a. 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 Wafter Efficient Landscape Ordinance ("WELO"). b. The Property will be developed with an expanded and enhanced convenience store building. The building will be two stories (24 feet) high with architectural features that will be 32 feet at their peak. 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. 8. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. a. 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. b. The landscaping onsite will be improved to more closely comply with Zoning Code requirements and will comply with the WELO. Irrigation will be updated to drip zone valves where possible to increase water efficiency. 9. Traffic Analysis. The project complies with the Traffic Phasing Ordinance. The project has a traffic analysis based on the ITE Manual as follows: Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 8 a. Utilizing the ITE designation for the esxisting station as a Gasoline/Service Station (ITE Code 944) the existing Average Daily Trips (ADTs) for the project would be projected to be 1,376 ADTs. Land Use: 944 - Gasoline/Service Station. This land use includes gasoline/service stations where the primary business is the fueling of motor vehicles. The sites included generally have a small building (less than 2,000 gross square feet) that houses a cashier and limited space for motor vehicle maintenance supplies and general convenience products. A gasoline/service station may also have ancillary facilities for servicing and repairing motor vehicles and may have a carwash. The existing project ios a 1,701 SF building. b. The designation for the proposed use as a Gasoline/Service Station w/convenience market (ITE 945) projects 1,643 ADTs. This designation is predicated on the C-Store size of approximately 2,000-3,000 SF with at least 10 fueling positions. This convenience store is 2,590 SF with 8 fueling positions. Land Use: 945 - Gasoline/Service Station with Convenience Market. This land use includes gasoline/service stations with convenience markets where the primary business is the fueling of motor vehicles. These service stations may also have ancillary facilities for servicing and repairing motor vehicles and may have a car wash. Some commonly sold convenience items are newspapers, coffee or other beverages, and snack items that are usually consumed in the car. The sites Included In this land use category have the following two specific characteristics: The gross floor area of the convenience market is between 2,000 and 3,000 gross square feet The number of vehicle fueling positions is at least 10 c. This provides for a net increase of 267 ADTs, which is less than the threshold of 300 ADTs when a Traffic Phasing Ordinance (TPO) would be required. 10. Beer and Wine type 20 offsite license. a. The Newport Beach Police Department analysed the project (see attached report) and determined that a Public Convenience and Necesity (PCN) letter is required. The PCN is required when either there and “over concentration” for alcohol premises in two ways. 20% higher crime with an alcohol nexis in a reporting district compared th ethe city-wide average or an “over-saturation” of licenses in the Census Tract compared to the city-wide average. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 9 i. This reporting district is reported to ABC as a high crime area as compared to other reporting districts in the City. The RD’s Crime Count is 335, 141 % over the City-wide crime count average of 134. Since this area has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. In comparison, neighboring RD 39 is 253% above the City-wide average, RD 42 is 33% lower, and RD 43 is 70% lower. The highest volume crime is burglary/theft from automobiles and the highest volume arrests are drug-related. DUI, Public Intoxication, and liquor law violations make up 23% of arrests in this reporting district. In comparison, the figure for neighboring RD 39 is 20%, RD 42 is 29%, and RD 43 is 33%. However, these statistics do not differentiate the fact that many of these alcohol related crimes are from the retail liqour licenses and not the off- site licenses. They also do not take into consideration that PCH is a thoughoughfare and the origins of the alcohol rlated crimes do not necessarily originate in this census tract. This location meets the legal criteria for undue concentration as it relates to crime. (B&P §23958.4). But a case can be made that the Off-Site License that is proposed, would not contribute to these statistics. ii. The applicant premise is located within census tract 0627.01. This census tract has an approximate population of 2,800 residents with 14 active retail alcohol licenses. That is a per capita ratio of 1 license for every 200 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 467 residents. Since the area’s ratio exceeds the ratio of on-sale retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. Specifically, B&P §23958.4 requires a comparison of off sale licenses. There are currently three off sale licenses in this census tract. Korker Liquor is located directly next door to the applicant premise. Leverage Wines and Johndrow Vineyards are both internet-based companies located in residences. The per capita ratio of off-sales licenses in this census tract is 1 to 1400. Per the Business and Professions code, we compare this per capita ratio to Orange County‘s per capita ratio of 1 off sale license for every 1590 residents. Since the area’s ratio exceeds the ratio of off sale retail licenses to population in the county, the area is deemed to have an undue concentration of off sale alcohol licenses. If you were to consider these statistics without including the residence- based internet-only sale of wine, the per capita ratio would be 1 to 4,200 Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 10 residents, much less than the 1 to 1,590 residents average of Orange County. This location meets the legal criteria for undue concentration as it relates to over saturation of alcohol licenses (B&P §23958.4). Although this location “technically” meets the legal criteria, a case can be made that there isn’t an over-concentration because the resindence based off-site licenses do not serve the “walk-in” public. b. Typically a convenience store, by its market design provides a PCN. As it provides a convenience that may prevent the need for additional car trips (ADTs) as patrons that are stopping for gas can pick up food needs, including alcohol, without making an additional stop at another location. c. Should this project be approved, the Police Department has determined the following conditions would mitigate any potential negatives associated with alcohol sales and would be appropriate for the business: 1. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 2. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owners manager's and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. No alcoholic beverages shall be sold between the hours of 11:00 p.m. and 6:00 a.m. 5. Patrons shall be required to show valid identification to verify age at the point of sale for alcohol. 6. Alcoholic beverages in containers of 16 oz. or less shall not be sold by single container, but must be sold in manufacturer pre- packaged multi-unit quantities. Project Description Letter of Justification PA2019-027 CDM-UNOCAL April 19, 2020 Page 11 7. Wine shall not be sold in bottles or containers smaller than 750 ml. 8. No person under the age of 21 shall sell or deliver alcoholic beverages. 9. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 10. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 11. The applicant shall post and maintain a professional quality sign facing the premise’s parking lot that reads: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOL BEVERAGES VlOLATORS ARE SUBJECT TO ARREST 12. The operator of the facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 1026 and other applicable noise control requirements of the Newport Beach Municipal Code. 13. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. This project will update an existing 50 year old facility to meet modern needs and will enhance the community aesthetics. The project will provide services to residents, employees that work in the area, and visitors to the community. The convenience aspect will allow customers to take care of business while fueling, thus saving additional trips to the community. Sincerely, ASLAN COMPANIES, INC Scott Peotter, Architect