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HomeMy WebLinkAbout1733 - APPROVE UP_2100 BRISTOL STREETN RESOLUTION NO. 1733 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -009 FOR THE ADDITION OF A CONVENIENCE STORE INCLUDING BEER AND WINE SALES TO AN EXISTING SERVICE STATION LOCATED AT 2100 BRISTOL STREET (PA 2007 -059) WHEREAS, an application was filed by Hanano Properties LLC, with respect to property located at 2100 Bristol Street, and legally described as Portion of Lot 83, Tract 706, as shown on Miscellaneous Map Book 021, page 25, requesting approval of Use Permit No. 2007 -009 for the addition of a convenience store including beer and wine sales to an existing service station; and WHEREAS, public hearings were held on August 9, 2007 and October 4, 2007 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings; and WHEREAS, the project is subject to the requirements of Chapter 20.80 (Service Stations) of the Newport Beach Municipal Code and the Planning Commission finds that the project is consistent with the purposes of the chapter; and WHEREAS, the project is subject to the City of Newport Beach Design Guidelines for service stations and the Planning Commission finds that proposed site plan and architecture are consistent with the Guidelines; and WHEREAS, an application for a use permit for the establishment of a convenience store including beer and wine sales has been submitted in accordance with Chapters 20.80 (Service Stations), 20.89 (Alcoholic Beverage Outlets) and 20.91 (Use Permits and Variances) of the Newport Beach Municipal Code and the Planning Commission has set forth the following findings and facts in support of the findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the General Commercial District (GC) of the Santa Ana Heights Specific Plan. This district is intended to provide commercial uses offering a wide range of goods and services to the surrounding residential and business community. It is also intended to promote an upgraded aesthetic image of the community while reducing conflicts between commercial and residential uses. The proposed convenience store is an amenity commonly found in conjunction with service stations and will provide the community an additional outlet for convenience store 0 Planning Commission Resolution No. Paoe 2 of 8 goods. The project also involves aesthetic improvements to the existing structure and additional landscaping to improve the appearance of the site. No sensitive land uses are located adjacent to the site and the convenience store will have no detrimental impact on the surrounding area. In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering beer and wine sales to service station customers and surrounding community. The location of the use is considered appropriate given the fact that the site is not located in close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: The proposed project is located in the General Commercial (CG) land use designation of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing service station serves the needs of the surrounding community and the convenience store will augment the use by providing additional goods to service station customers. In accordance with the requirements of Chapter 20.89, the approval of the Alcoholic Beverage Outlet is subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates (including numbers of alcohol related crimes), and impacts to the surrounding community. The Police Department has reviewed the project and has determined that the crime rate in the reporting district of the proposed use is lower than adjacent reporting districts and that alcohol - related crimes in the reporting district are also lower than adjacent districts. Furthermore, it has been determined that the sale of beer and wine in conjunction with the convenience store will not result in an over - concentration of alcoholic beverage outlets and is not expected to result in an increase in alcohol - related crimes. In addition, the project site is not located in close proximity to sensitive land uses. It is, therefore, determined that the proposed convenience store, including beer and wine sales, will not have a negative impact on the surrounding community. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Planning Commission Resolution No. Paae 3 of 8 Facts in Support of Finding: The project complies with the general development standards of the SP -7 GC zoning designation with regards to setbacks, building height, floor area ratio, and off - street parking. With the exception of minor deviations from lot size requirements and landscaping standard, the project also complies with the development standards of Chapter 20.80 (Automobile Service Stations) of the Zoning Code. It is determined that that the project is consistent with the intent and purpose of the City's Design Guidelines for service stations. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. Upon approval of the Use Permit the Police Department will condition the ABC license as necessary to maintain the health, safety and welfare of the community. WHEREAS, it has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -009 subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF OCTOBER 2007. AYES: Peotter, Cole, Hawkins, McDaniel and Toerge EXCUSED: Eaton and Hillgren '.. Planning Commission Resolution No. MI SM. EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -009 (Project - specific conditions are in italics) Planning Department Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2007 -009 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Any major change in operational characteristics, hours of operation, expansion in area, or substantial modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. This Use Permit may be reviewed, modified or revoked by the Planning Commission or City Council should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Should this business be sold or otherwise come under different ownership, any future owners and assignees shall be notified of the conditions of this approval by the current owner or leasing company. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this permit. 7. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 8. No outside paging system shall be utilized in conjunction with this establishment. 9. The sale of alcoholic beverages shall be limited to beer and wine only. The sale of hard liquor is prohibited. Planning Commission Resolution No. 10. The sale of alcoholic beverages shall be conducted only by employees at least 21 years of age. 11. Hours of operation of the convenience store shall be from 5 am to 12 am, seven days a week. 12. No coin operated amusement or video games shall be allowed on the premises. 13. The exterior of the business shall be maintained free of litter and graffiti at all times. The applicant shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 14. The applicant shall secure the premises with appropriate security lighting and employee scrutiny to preclude vandalism, littering and graffiti. The applicant shall also provide adequate lighting above the entrance to the convenience store to make visible the identity and actions of persons entering and exiting the building. 15. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Any proposed parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 16. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 17. The convenience store shall be equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras shall be maintained in proper working order at all times. 18. All mechanical equipment including roof top mounted equipment shall be screened from view of adjacent properties and adjacent public streets. The equipment shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 19. Prior to the issuance of building permits, the design of the trash enclosure shall be submitted to the Planning Department for review and approval if deemed acceptable. The trash enclosure shall be enclosed by three walls, including a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on- site buildings and structures. Planning Commission Resolution No. 20. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 22. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan for review and approval, if deemed acceptable, by the Planning Director. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 23. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 24. The washing or waxing of vehicles is not permitted. 25. Vehicle service is limited to incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 26. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 27. No vehicles shall be parked or stored in the public right -of -way. 28. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 AM to 10:00 AM and 4:00 PM to 6:00 PM) or other times as determined by the Planning Director. Building Department Conditions 29. Separate male and female bathrooms shall be provided. Public Works Conditions 30. ADA parking stalls shall comply with the most current ADA standards. Planning Commission Resolution No. Page 7 of 8 31. The parking layout shall comply with City Standards STD - 805 -L -A and STD - 805 -L -B. Typical 90 degree parking stalls shall be a minimum of 8' -6" by 17 feet adjacent to a 26 foot -wide drive aisle. 32. Delivery vehicles, including fuel delivery trucks, shall park entirely on private property. These vehicles shall not impede vehicular or pedestrian traffic on adjacent public streets and sidewalks. 33. The applicant shall prevent vehicles from stacking out onto adjacent streets and/or sidewalks. 34. The project shall include prominent pavement markings and signage to discourage wrong -way travel through the site. The operator of the facility shall prevent vehicles from accessing the fueling stations from the wrong direction. 35. The one -way driveway on Bristol Street shall be revised and constructed per City Standard STD - 166 -L. 36. On -site circulation shall be further reviewed and approved by the City Traffic Engineer prior to the issuance of building permits. 37. All landscaping within line -of -sight areas shall comply with City Standard STD- 110-L. 38. The landscape plan shall be reviewed and approved by the City Traffic Engineer prior to the issuance of building permits. Police Department Conditions 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 40. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying1licensing body, which the State may designate. The applicant shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 41. 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 or alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Planning Commission Resolution No. Page 8 of 8 42. The applicant shall post and maintain a professional quality sign facing the premise's parking lot that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be printed in English and Spanish.