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HomeMy WebLinkAbout19 - Jiffy Lube - Use Permit 36470 �EWroR, CITY OF NEWPORT BEACH Hearing Date: August 9, 1999 04 bm COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 19 `i PLANNING DEPARTMENT Staff Person: Marc Myers 3300 NEWPORT BOULEVARD (949) - 644 -3210 NEWPORT BEACH, CA 92659 (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Jiffy Lube of Newport Beach (.Arthur Bahar, Architect) 1520 West Coast Highway PURPOSE OF APPLICATION: Request to permit the construction of an automobile maintenance facility which specializes in oil and filter changes and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. SUGGESTED ACTION: Sustain the action of the Planning Commission and approve, modify the action of the Commission, or deny: • Use Permit No. 3647 Background At the request of Councilmember Noyes, this use permit approved by the Planning Commission at its meeting of July 22, 1999, has been called up for review. Some members of the Planning Commission voiced concern that the proposed use is not necessarily appropriate in this particular location and that the site size may be insufficient to provide an efficient site design. It was felt that permitting this type of use could possibly inhibit the quality of future projects in Mariner's Mile and in this area of the City. However, the majority of the Commission acknowledged that the proposed use is one which is permitted by the General Plan and Zoning (with a use permit), and that it will generate a low number of vehicle trips. Also, the applicant eliminated an existing curb cut and provided a rear on- site circulation drive, as requested by the Planning Commission, and continually worked with staff and the City's design consultant to provide a visually and aesthetically pleasing design minimizing the potential impacts of the use. Because of concerns about the visual impacts of the proposed use on Mariner's Mile, colors, materials, and landscaping for the project were discussed in detail. The Commission accepted the recommendations of the City's design consultant and incorporated them into the project as conditions of approval. The consensus of the Commission was that the project, together with the suggested revisions and conditions of approval result in the best and most practical design that can be achieved in this particular case. Therefore, the request was approved. Subsequent to the Planning Commission meeting, staff asked the design consultant to review the additional conditions of approval suggested by the Commission. The Planning Commission suggested a condition of approval requiring a 2 foot high berm be constructed in the 10 foot front yard landscape area so that the vegetative material planted on top would have an immediate screening effect. The City's design consultant noted that this area is not wide enough for a berm, and it may interfere with growth of the proposed trees, shrubs and groundcover identified in the approved landscape plan. The proposed berm could also hinder sight- distance at the driveway and street intersections. Staff is of the opinion that the original recommendations of the design consultant, including the type, species, minimum size and location of the vegetation proposed on the landscape plan without the addition of a berm, achieve the goals and intent of the Commission. Therefore, staff recommends that the City Council remove the following excerpt of Condition number 22 of Use Permit No. 3647, if it sustains the action of the Planning Commission. • ...shall also include a 2 foot berm with hedge to be installed in the 10 foot landscaped areas. Submitted by: Prepared by: SHARON Z. WOOD MARC W. MYERS Assistant City Manager Associate Planner Attachments: E; erpt of Planning Commission Meeting Minutes Dated June 24, 1999 Staff report to the Planning Commission dated June 24, 1999 Supplemental Staff report to the Planning Commission dated July 8, 1999 Excerpt of Planning Commission Meeting Minutes Dated July 22, 1999 Supplemental Staff report to the Planning Commission dated July 22, 1999 Site Plan, Landscape Plan, Floor Plans and Elevations 1] Use Permit No. 3647 Page 2 City of Newport Beach Planning Commission Minutes June 24, 1999 INDEX want to take the original ten feet on the upper floor and forget about the second floor addition and then staff is saying, what was the intent of the Commission? What did they really approve, were they only concerned with the floor area and the compliance with findings or the specifics of the implementation of the variance? Commissioner Tucker noted his agreement with staff on this issue. Occasionally changes are made on the spot, but this is more design related. We need to continue this item. Initial Motion was withdrawn by Chairperson Selich. Mr. Edwards stated that the revised plans would be presented in time to the Planning staff. Motion was made to continue this item to July 8th for the purposes of discussing the changes in the plans. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None s�• SUBJECT. Jiffy Lubeof Newport Beach (Arthur Bahar,Architect) Item No. 4 1520 West Coast Highway Use Permit No. 3647 • Use Permit No. 3647 Request to permit an automobile maintenance facilltywhich specializes in oil and flterchangesand chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC Distfict. The application also includes a request to waive sixteen of the required parking spaces. Commissioner Kranzley clarified about the parking requirementsfor automotive stations. As the Planning Commission looks at parking requirements, employee parking is taken into account, so if there are five stations per bay it would be assumed an employees) are taking up one or two of those spaces. Ardeshir Bahar, architect 704 Promontory, Newport Beach made himself available for questions. Mr. Christian Fanticola, 45 Arbor stated that he and his family currently operate 18 locations in the Los Angeles area and have been doing so since 1989. He noted a correction regarding the hours of operation on the staff report. He stated that the hours of operation should read from 7:00 a.m. to 8:00 p.m. daily. He then talked about the building itself regarding the design 14 City of Newport Beach Planning Commission Minutes June 24, 1999 INDEX and nautical theme of signage. The five parking spaces per bay were intended for gas stations as referenced in the staff report. The gas stations in Newport Beach are going to be allowed to operate convenience store as additional profit centers. There are less oil change centers in the City. He noted that he has been in contact with various homeowner associations. There has been no opposition received resulting from the notices that the City distributed. Commissioner Kranzley asked about the three bay facilities with six employees, that is two employees per bay. Is there another person who takes the monies? Mr. Fanticola answered that there is anywhere from six to eight employees at a given time. More people staff the busier hours. There can be one or two people working underneath the car and two people can service all the vehicles that are being brought in for topside work. The facility features a pit area that is subterranean and the workers go down to work under the cars. No cars are lifted off the ground, as it is a drive through facility. We can staff with six people, one of them as the manager /cashier. Six small automobiles can be serviced in the bays at one time. Only fluid maintenance is done on site, no other type of maintenance is done. The opening is 38 feet long to accommodate large vehicles such as Suburbans or limousines. Commission asked the applicant: • Considered designing the building so that the bays would not be visible from the street? • Considered pulling the retaining wall back further to allow circulation around the building instead of going through the building? • Use of a reciprocal access easement with Taco Bell next door? • Type of signage to be used on site and on the building? Mr. Fanticola answered: • That it was explored, but deemed to create a lot of inefficiencies in the operation such as number of cars serviced, backing cars out into the parking lot and create stacking of vehicles. At a facility like this we can service up to 100 cars per day and anticipate closer to 70 and 80 cars per day which would be impossible in a pull in, back out situation. • We did not want to cut into the hillside anymore than necessary. It could be done if additional parking is required, but cutting into the hill will take away from the landscape appearance and would require a higher wall. • That reciprocal access would take away parking spaces on the westerly parking line as well as prevent landscape that would screen the bays as viewed from Coast Highway traveling east bound. • The corporate logo will be installed as well as a mariner theme for the monument sign and will work with staff for ideas. The City will approve any sign package. 0 15 0 City of Newport Beach Planning Commission Minutes June 24, 1999 Commissioner Tucker asked staff if the use was changed, does the parking waiver still apply? He also asked about a new retail use and the landscaping /size requirements. Associate Planner Myers answered that should the Planning Commission choose to approve the application as proposed, the Use Permit does remain with the land. If a new use comes in and replaces this one, as long as they were able to comply with the conditions of approval, they would be able to operate the same business. However, if they did not, they would be required to come back to the Planning Commission for an amendment to that Use Permit. As staff has conditioned (17) the proposal, a different retail use could not operate here without an amendment to the Use Permit. Regarding noise issues, Mr. Fanticola stated that they do not use any of the high noise level pneumatic types of tools. Mr. Myers noted that staff has included the standard requirement that requires the operation to comply with Chapter 10 of the Municipal Code which is the Noise Ordinance. Ms. Temple noted that the Mexican fan palm, which is the species for the easterly side of the property line to screen the bays, is specified as an B -10 foot trunk height. The eucalyptus tree at the back near the trash enclosure is specified by gallon quantity. Also, Rapheolepis in 15-gallon size containers is called for. At Commission inquiry regarding the second floor office area, Mr. Fanticola stated that the roof is a finished, tiled roof and will have no roof top equipment. He noted that the office area is on the second level and will be no people working there. This mezzanine area will be for storage only. Space is provided for the manager (one of the 6 -8 employees) to do the daily closing activities on the first floor. Commissioner Hoglund asked if staff was of the opinion those 14 spaces for parking is adequate. Mr. Myers stated that the 14 spaces provided on site are adequate for the demand of the use. If additional parking spaces are required, should the Planning Commission require more parking, the applicant stated they might be willing to cut into the retaining wall. Ms. Temple noted that the intent of condition 10 is that should the actual operation of the use not function as the Planning Commission envisioned they could call the Use Permit up for review in order to revoke or add additional conditions. INDEX • 16 5 City of Newport Beach Planning Commission Minutes June 24, 1999 INDEX Ms. Clauson further reiterated that if it were found that the Planning Commission made a finding that the conditions approved was not sufficient for this use on the property, the Planning Commission would have to look at the options available. In response to Commission inquiry, Associate Planner Myers stated that he received only one phone call from a citizen who is opposed to this application. Their rational was that they were concerned about the specific use in that location. It was their opinion that Mariner's Mile was turning into something that was less than desirable in terms of the uses that were developed along there. The Municipal Code allows this use subject to a Use Permit. Chairperson Selich noted: • This is a use permitted with a Use Permit, but it needs to be evaluated. • He is not in favor of this use because it does not fit into the neighborhood and is detrimental to the properties around it. The fact that the bays are visible from Coast Highway is a design consideration as there are no other automobile service uses on Coast Highway other than the auto dealerships where this type of operation is hidden within the buildings. • Circulation is terrible. The building is in the middle of the lot. • The number of curb cuts in the circulation could be two driveways servicing both uses with the reciprocal access easement with the rearrangement of the proposed building on the lot. The driveways on Coast Highway create more traffic conflicts, which impedes the traffic flow. • This project should circulate totally on site. • The design concept may not be appropriate to the site. • This proposed use just doesn't seem to fit on this site due to the size and configuration. Commissioner Kranzley noted his opposition to this proposed project for reasons stated adding his opposition to the waiver of parking. There should be the parking standard of two cars per bay because a faster lube company could come in and use this site more aggressively. Commissioner Ashley noted that there are 15 parking spaces, as there is one at the rear near the retaining wall. Additionally he noted that the drives are 24 feet wide which is sufficient to have cars that would be second in line for entry into one of the service bays. There are 8 parking stalls for those cars that have been serviced where they can be parked in the event that the driver of the car has left the site. These Jiffy Lube operations are usually completed within 30 minutes, which is not a long wait. Hiding the bays along the highway is a good point and more attention needs to be paid to that end. The only way to arrange for one less curb cut and use the existing drive that 17 0 City of Newport Beach Planning Commission Minutes June 24, 1999 INDEX comes into the Taco Bell site would be to make in total change in the configuration, which I don't see being done. You have to accept this as submitted or reject it as submitted. We are not here to re- design the project. Commissioner Tucker stated that he is not bothered by the use as there is a car wash, boat yards and fast food in that area. In addition to screening, the circulation issues bother me. Coast Highway along that stretch is problematic and we should be endeavoring to eliminate curb cuts and combine access points where we can. The landscaping is not sufficient, a better job of screening the bays could be done and I encourage the applicant to try another design. Commissioner Gifford stated Mariners Mile has been ;studied for a long time and there is a Specific Area Plan. If there are certain types of businesses that we think are appropriate and others inappropriate, then our code should reflect that. What the marketplace is doing is attracting fast food restaurants and car related businesses to Mariner's Mile. Given where we are and that this use is permitted subject to a Use Permit which sets conditions for the use as opposed to a way of not permitting the use, I support this project with the added condition that the interior of the service bays be screened from public view. Mr. Fanticola stated that they would be happy to enter into a landscape maintenance agreement with the City if so required) and staff can review over a period of six months or a year and make any adjustments as necessary. Motion was made by Commissioner Hoglund to approve Use Permit No. 3647 with the findings and conditions listed in Exhibit A with an additional condition that the interior of the service bays be screened from public view and that the hours of operation be changed to 8:00 p.m. Associate Planner Marc Myers read an additional condition, 'The overnight storage or parking of vehicles at any location on site including inside the building shall be prohibited:' Ayes: Ashley, Gifford and Hoglund Noes: Tucker, Selich, Kranzley Absent: Fuller Abstain: None Motion failed due to tie vote. Commissioner Tucker noted that his opposition was due: to the circulation. He suggested that alternative circulation evaluations be made to eliminate one of the curb cuts. 18 City of Newport Beach Planning Commission Minutes June 24, 1999 Public Comment was re- opened. Ardeshir Bahar stated that maybe he could abandon the approach from the Taco Bell that might help. He said he would work with them and come back at a later date. Public comment was closed. Motion was made by Commissioner Tucker to reconsiderthe initial motion. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None Motion was made by Commissioner Tucker to continue this item to July 8th. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None Mr. Ira Handleman consultant with the Fanticola Company stated that they want the continuance and they will take into consideration all that was said tonight. Theywill come back on July 81h. 100 SUBJECT: Balboa Bay Clubs, International 1221 West Coast Highway • A No. 886 An amendment to change the development limitations of the existing Planned Community District Regulations to correct an error in the original calculation of the building size associated with the previous approval, as well as to allow an increase in the size of the hotel facility to provide adequate building support areas, athletic facilities, and meeting space. Also included in the Planned Community amendment are provisions to allow the height of the building to be measured from the average grade of the site, and to allow the Planning Commission to approve architectural features, which exceed the basic height limit. Staff has requested that this item be continued to the next Planning Commission meeting on July 8m. Motion was made by CommissionerGifford to continue this item. 19 INDEX • 0 Item No. 5 Amendment No. 886 M CJ 0 �EWro , CITY OF NEN JRT BEACH COMMUNITY and ECONOMIC DEVELOPMENT t' 1= PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hl mg Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION PROJECT: Jiffy Lube of Newport Beach (Arthur Bahar, Architect) 1520 West Coast Highway June 24, 1999 4 Marc Myers (949) 644 -3210 14 days PURPOSE OF APPLICATION: Request to permit an automobile maintenance facility which specializes in oil and filter changes and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. ACTION: Approve, modify or deny: • Use Pernnit No. 3647 LEGAL DESCRIPTION. Portion of Lot 54, Lot 55 and 56, Tract 1210 ZONE: RSC (Retail Service Commercial) OWNER: Hassan Haddouch, Newport Beach Points and Authority • Conformance with the General Plan and Zoning The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. An automobile maintenance facility is a permitted use within this designation. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 3 (New Construction or Conversion of Small Structures). • Use permit procedures and requirements are sett forth in Chapter 20.91 of the Municipal Code. • Waiver of off - street parking requirements are set forth in Chapter 20.66 of the Municipal Code. I VICINITY MAP 7 ! e15 r Subiect Property and Surrounding Land Uses Current Development: The subject property is currently developed with a building occupied by a restaurant use. To the north: On the bluff overlooking the subject property are single family residences. To the east: Is a Taco Bell fast food restaurant and additional retail and service commercial businesses. To the south: Across West Coast Highway is the Balboa Bay Club property. To the west: Is additional commercial development occupied by various retail and service commercial businesses. Analysis The applicant is requesting approval to construct a "Jiffy Lube" drive- through automobile maintenance facility. The facility provides fluid and filter exchanges for vehicle maintenance service only and does not use any type of power or "impact" tools during the course of business. The project involves the demolition of an existing single story restaurant building and related parking, and the construction of a new building which contains approximately 5,700 gross square feet including a basement work and storage area, three extended work bays, waiting area, Use Permit No. 3647 June 24, 1999 Page i� 10 0 L 0 restrooms, customer service area, and management office. The proposed rectangular building is located in the middle of the lot set back 12 feet from the West Coast Highway right -of -way. It is approximately 45 feet from the side property lines and approximately 25 feet from the rear property line. At the rear portion of the site, the applicant is proposing to move the existing retaining wall back into the slope from 3 to 6 feet and construct a new retaining wall approximately 8 feet in height in order to create more usable building pad area for the project. The front portion of the building is two story and approximately 28 feet in height and has an office on the second floor above the waiting area. The remainder of the structure which houses the service bays is one story and approximately 20 feet in height. The service bays measure approximately 38 feet in length which is two times the typical length of a standard parking space which is 19 feet. The building is oriented on the lot so that direct view of the service bays is obscured from the sight line of West Coast Highway. Additionally, a landscape buffer is provided along the property lines to further screen the work areas from public view. Protect Characteristics Table Vehicular Access and On -Site Circulation As shown on the site plan, two 30 -foot wide drive aprons will provide access to the site from West Coast Highway. The primary entrance to the facility is the east driveway, however, both of the driveways do provide for two directional travel so that there is access to all of the parking spaces provided on site. Patrons will enter the east drive and proceed through the service bay and exit the facility using the west driveway. The service bays provide access through the building connecting the east and west sides of the parking lot. The proposed parking lot layout and on -site circulation has been reviewed by the City Traffic Engineer and is acceptable as proposed. Use Pennit No. 3647 June 24,1999 Page3- Proposed Operation Hours: 7:00 a.m. to 7:00 p.m., daily Land Area: 13,817 sq. ft. Gross Floor Area: 5,695 sq. ft. Basement: 2,432 sq. ft. Main Level: 2,463 sq. ft. Second Floor: 800 sq. ft. Floor Area Ratio: .41 Required Parking: 30 spaces Parking Provided: 14 spaces Number of Employees: 6 Vehicular Access and On -Site Circulation As shown on the site plan, two 30 -foot wide drive aprons will provide access to the site from West Coast Highway. The primary entrance to the facility is the east driveway, however, both of the driveways do provide for two directional travel so that there is access to all of the parking spaces provided on site. Patrons will enter the east drive and proceed through the service bay and exit the facility using the west driveway. The service bays provide access through the building connecting the east and west sides of the parking lot. The proposed parking lot layout and on -site circulation has been reviewed by the City Traffic Engineer and is acceptable as proposed. Use Pennit No. 3647 June 24,1999 Page3- Parking Requirement Chapter 20.66 of the Municipal Code does not provide a specific parking requirement for oil and filter change only facilities, however, the Code does have a requirement for automobile service stations, the use classification which the proposed facility most closely resembles. The Code requires 5 parking spaces for each service bay in a service station. Based on the extended or tandem service bay configuration, which equates to six service bays, 30 parking spaces are required for the proposed oil change facility. Since the facility is unable to provide the required number of parking spaces on -site, the applicant is requesting a waiver of a portion of the required parking (16 spaces). Waiver of Off -Street Parking Requirements The applicant is requesting a modification of the off - street parking requirements under the provisions of Section 20.66.100 of the Zoning Code. This section authorizes the Planning Commission to modify or waive the number of required off -street parking spaces if one or more of the following findings can be made: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66. 100 (B). 4. The Planning Commission makes the following findings: a) The parking demand will be less than the requirement in Section 20.66.030. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. The applicant states that the waiver of the off -street parking requirement should be approved because a typical facility of this nature operates adequately with less than five off -street parking spaces per service bay. The applicant attributes the lower off -street parking demand to the fact that customers wait for their vehicles, turnover for service is very short; and they are able to accommodate up to six vehicles in the service bays at one time should the need arise. The facility should typically function as though it has three service bays rather than six, however, should the need arise, the extended bays will allow the business to accommodate additional vehicles at one time, which will prevent additional demand for parking. This is based on staffs observation of the parking lots of automobile maintenance facilities with similar design characteristics at different locations in the surrounding cities. These facilities do not appear to Use Permit No. 3647 June 24. 1999 Page ,4/i 2 experience a parking problem, even with a fewer number of parking spaces provided on site. The extended or tandem service bays minimize the impacts of cars otherwise queuing outside the building, by screening the view of cars waiting for service. The additional service bay length also allows the business to accommodate all types of vehicles, including recreational vehicles, buses, sport utility vehicles and limousines. Additionally, although there are six service bays, typically there are six employees per shift for the use. Two technicians typically service a vehicle at one time with oil, filter and lubrication, one person is below in the service pit and one is above in the bay. Due to the fact that the business does not set appointments and requires patrons to wait for their vehicles, completes minimal service, and maintains a limited number of employees per shift, staff is of the opinion that the parking demand for the proposed facility will be less than the Code requirement. Staff is also of the opinion that findings can be made for the waiver of a portion of the required parking because the number of parking spaces provided on -site is adequate to accommodate the proposed use. Should the Planning Commission decline to waive the parking requirement for this facility at 5 parking spaces for each service bay, then 30 parking spaces would be required on -site. The applicant would be required to redesign the project to comply with these standards. A redesign of this nature is likely to result in a reduction in the size of the service bays and possibly the square footage of the project. Landscanin¢ Prior to submittal, the City's design consultant for the Mariners' Mile area reviewed the project. That review resulted in a number of recommendations for landscaping. These recommendations have been incorporated into the landscape plan. Additional landscaping including trees, bushes, shrubs and ground cover will be installed as a buffer between the street and the parking lot, in keeping with the landscaping goals of the Mariner's Mile area. Additionally, extensive use of shrubbery and trees is provided along the east side property line to further buffer and screen views of the parking lot and to soften the views of the open service bays from West Coast Highway. Since there is an existing easement along the west side property line, the Public Works Department restricts construction in the easement, however, they will permit the planting of bushes, hedges and incidental ground cover. For the most effective use of vegetative material, the landscape plan identifies the location and sizes of specific species which will be used. To ensure that the landscape buffers are provided in a manner consistent with the City's sight distance regulations, installed in accordance with the approved plans, and maintained in a neat and orderly fashion, staff has included a condition of approval that reflects these requirements. Parking Lot Liehtine The parking lot will have exterior parking lot lighting provided for security purposes. A condition of approval has been included to help ensure the lighting will be designed and operated. with minimal impact to the surrounding neighbors. Some requirements of the lighting system include a limited number of light standards, height of light standards, low profile light fixture product types, and shielded light sources. - Use Permit No. 3647 June 24. 19999 Pagep I 3 Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit can be made for the proposed automobile maintenance facility since the parking demand for the use can be adequately served by the number of parking spaces provided on site. Additionally, issues related to access, the parking lot layout, and site circulation have been reviewed by the City Traffic Engineer, and are considered adequate. Also, because of the site's location along West Coast Highway with the bluff behind separating it from nearby residential uses, there is little potential for problems associated with hours of operation and noise generated by the proposed vehicle maintenance operation. The orientation of the proposed building with the service bays turned away from residences and the direct view of West Coast Highway, and with the landscaping proposed, protects against impacts on residential neighbors and minimizes potential aesthetic impact from the public right -of -way. Finally, the recommended conditions of approval, which include restrictions on the hours of operation, the available services, operational characteristics, and outdoor paging systems, should control impacts on neighboring properties and residential uses in the vicinity. Should the Planning Commission wish to approve Use Permit No. 3647, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the proposed automobile maintenance facility use, in this particular case, conforms to the requirements of the Title 20 of the Municipal Code, and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: Prepared by: PATRICIA L. TEMPLE MARC W. MYERS Planning Director Associate Planner Pak Cne Attachments: Exhibit "A" Letter of Justification from Applicant Site Plan, Floor Plan, Landscape Plan and Elevations F. \USERSTUi ' SHARED \IPLANCOM11999W- 24\UP3647gn Use Permit No. 3647 June 24, 1999 Page filq EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3647 Use Permit No. 3647 Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses and an automobile service facility use is considered a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act. 3. The approval of Use Permit No. 3647 to permit the establishment of a automobile oil, filter and lubrication facility will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of the Municipal Code for the following reasons: • The use is compatible with the surrounding commercial uses since automobile service facilities are typically allowed in commercial districts. • Conditions have been added to address potential problems associated with panting, and noise. • The number of spaces provided on site can accommodate the parking demand for the facility. • Adequate provision for vehicular traffic circulation is being made for the automobile maintenance facility. • The proposed use is a use which serves the residents in the area. • The nearby residential uses will not be adversely affected since conditions have been added to address potential problems associated with the proposed use, and the hours of operation have been limited. • The orientation of the building with the service bays turned away from residences and the direct view of West Coast Highway protects against impacts on residential neighbors and minimizes impacts from the public right -of -way. • Additional landscaping has been provided on -site to enhance the aesthetics of the project and minimize the impacts of the service bays. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 0 Use Pan& No. 3647 June 24, 1999 Page� Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan, landscape plan and elevations, except as noted below. 2. The requirement of sixteen (16) parking spaces shall be waived and a minimum of fourteen (14) parking spaces shall be provided on -site. 3. Vehicle services shall be completed entirely within the approved building structure. No vehicle service or repair shall take place in any parking space or drive aisle. 4. The outdoor storage or display of materials, equipment or any other auto related parts or merchandise shall not be permitted on site. 5. No inoperative vehicles shall be permitted to be parked on site outside the building including in marked spaces. 6. Parking and advertising of vehicles for sale or lease is not permitted. 7. Provisions shall be made for the storage and collection of used oil and lubricants pending recycling. 8. All employees shall park on -site. 9. The hours of operation shall be limited between 7:00 a.m. and 7.00 p.m. daily. 10. The entire site including the exterior of the building including, the parking areas, and sidewalk shall be maintained free of litter and debris and kept in a clean and orderly manner at all times. 11. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 12. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. Use Pernut No. 3647 June 24, 1999 Pagee. 13. The drainage from the site shall be collected on -site so that it does not track out onto the public right of way or drain into the bay. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 15. All mechanical equipment shall be screened from view of nearby properties and public streets within view of the equipment, and sharp be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 16. All mechanical equipment and trash areas shall be fully screened from view from West Coast Highway and the surrounding properties (including from above). All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 17. The approval is only for the establishment of a quick lube type service facility specializing in automobile fluid changes and lubrication only. This approval shall not be construed as permission to allow the facility to operate as a automobile service station, gasoline station, or a vehicle equipment repair use as defined by Title 20 of the Municipal Code, . unless a use permit is first approved by the Planning Commission. 18. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or leasing company. Standard Requirements 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 3. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. Public improvements may be required of a developer per Section 20.80.060 of the . Municipal Code. Use Pemut No. 3647 June 24.1999 Page -, 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. Intersections of West Coast Highway and the private drive shall be designed to provide sight distance in accordance with Standard 110 -L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 8. The project shall comply with State Disabled Access requirements. 9. The operator of the vehicle maintenance facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant use and to develop a set of corrective measures necessary in order to insure compliance. The sound shall be limited to no more than depicted below for the specified time periods: 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Use Pennit No. 3647 June 24, 1999 Page Iff 0 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Use Pennit No. 3647 June 24, 1999 Page Iff 0 „jif(ylube ' 0. A. Fanticola Companies Inc. • 978 Amelia Ave. • San Dimas, CA 91773 • (909) 592.0665 Tuesday, April 27, 1999 Letter of Justification City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92658 Atm. Marc Myers - Associate Plamier Re: Conditional Use Permit for Jiffy Lube of Newport Beach 0 Dear Mr. Myers, Mr. Ardeshir Bahar is representing Jiffy Lube for submittal of a Conditional Use Permit at 1520 W. Coast Hwy. in the city of Newport Beach. A. Fanticola Co. Inc. d.b.a. Jiffy Lube, are the operators of the proposed use. A. Fanticola Co. Inc. currently operates 18 Jiffy Lube locations in the southern California market and is a fancily owned and operated business. A. Fanticola Co. Inc. is the top Jiffy Lube franchisee in the country and a resident of Newport Beach. Anthony and JoAnn Fanticola founded the company in April 1989 and continue to grow today! Newport Beach has been identified by Jiffy Lube as the premier market in Orange County. Jiffy Lube is specializing in developing stores to service up -scale communities. The proposed building is a one of a kind design and will be constructed to incorporated the design of the surrounding community. Jiffy Lube has identified many common problems associated with automotive uses, such as: bay doors, employees, and a overall dirty appearance. Jiffy Lube plans to incorporate these ideas to mitigate these problems. • Bay Doors will be screened with trees and landscaping to avoid the appearance of a garage. • Employees will be provided with clean uniforrns every day by the employer, and will also hygiene requirements. Iq o Building is a one of a kind design and is estimated to cost $500,000. Jiffy Lube is also very proud of the positive impacts to the surrounding community such as: tax benefits, local employees, local customers, traffic, noise, community involvement, environmental, and of course good service ! Tax benefits generated for a city by a Jiffy Lube will be 1% of taxable sales. Local employees are hired from with in the surrounding community. Local customers are the people who will use the service. Traffic generated by a Jiffy Lube is 50 to 70 cars per day, very low compared to some uses . Noise is virtually non- existent, and due to this locations proximity to Coast Hwy. not an issue. Community involvement is a policy, i.e. (Chamber of Commerce, sponsorships). • Environmental we recycle 100% of the material removed from cars, and are a state certified collector of used oil. • Good Service is our forte. We build our business on it !!! Jiffy Lube plans to bring a business that reflects the image of the community we serve, and in the city of Newport Beach we will go the extra mile to build a first class operation. If you have any further questions or continents please contact me at (909) 592 - 0665. Christian Fanticola Director of Development M., 0 CITY OF NEWPORT BEACH Hearing Date: July 8, 1999 COMMUNITY AND ECONOMIC DEVELOPMEN'C Agenda Item No.: 3 _ s PLANNING DEPARTMENT Staff Person: Marc Myers 3300 NEWPORT BOULEVARD (949) 644 -3210 NEWPORT BEACH, CA 92658 (714) 6443200; FAX (714) 644 -3250 Supplemental REPORT TO THE PLANNING COMMISSION PROJECT: Jiffy Lube of Newport Beach (Arthur Bahar, Architect) 1520 West Coast Highway PURPOSE OF APPLICATION: Request to permit an automobile maintenance facility which specializes in oil and filter changes and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. ACTION: Approve, modify or deny: • Use Permit No. 3647 At its meeting of June 24, 1999, the Planning Commission continued the subject application for two weeks so that the applicant could take suggestions of the Commission into consideration and possibly modify or redesign the site plan for the proposed project. Redesign of the site plan has brought about two significant changes. The applicant has modified the design of the site plan to eliminate an existing curb cut from West Coast Highway and provide an internal drive aisle behind the rear of the building. The redesign involves closing the existing eastern-most curb cut and providing a drive opening across the side property line onto the adjacent parcel to the east. The applicant is proposing to utilize an existing recorded easement in place for access to the subject site over the adjacent property. A copy of the easement document is attached for the Commission's review. The shared access point is an existing two directional driveway curb cut providing access to both parcels from West Coast Highway. The City Traffic Engineer has reviewed the proposed site plan and indicates that this driveway is adequate for joint access. However, the 24 foot drive aisle required for two - directional travel from the adjacent site to the subject property is constricted by an existing parking space on the adjacent parcel. Since the parking space in question appears to be rarely occupied, the City Traffic Engineer is of the opinion that it, and the limited amount of two directional travel that will actually take place at that access point, will rarely prohibit use of that access aisle for two directional travel. Therefore, the amount of space provided is adequate. It should be noted, although there are no surplus parking spaces provided on the adjacent site, that based on staffs observation, the parking lot of the adjacent fast food restaurant use does not seem to ever be completely occupied. If the Planning Commission is concerned about loss of a usable parking space on the adjacent property, an it alternative access plan would be to limit the eastern access to one directional travel only. Because vehicles would then be required to exit the property from the other side of the building, the Traffic Engineer would require the aisle width for the drive provided at the rear of the site to be increased from 10 to 12 feet. Redesign of the site plan also includes moving the existing retaining wall back into the slope approximately 4 to 11 feet to accommodate an internal drive aisle. Since the 15'' parking space noted on the previous site plan was not recognized as required parking due to the lack of backing space, the space was omitted and the retaining wall has been moved back into the slope to accommodate a drive aisle for circulation purposes. The drive aisle will facilitate internal circulation from one side of the building to the other without having to drive through the building or out onto West Coast Highway. The City Traffic Engineer has reviewed the site plan and indicated that the width of the internal drive aisle is acceptable, although a width of 12 feet would be preferred. Eliminating an existing curb cut along West Coast Highway and providing an internal drive aisle at the rear of the site includes a limited amount of alteration to the proposed landscape plan. Modifying the eastern access point to the site requires the relocation of proposed landscaping from along the side property line to a location along the front property line in place of the closed curb cut. Additionally, as a result of moving the rear retaining wall farther back into the slope, less landscape material will be provided on the slope at the rear of the property. Beside these changes, the proposed landscape plan remains the same. Should the Planning Commission wish to approve the use permit for, the findings and conditions set forth in Exhibit "A" of the staff report dated June 24, 1999 are suggested, along with the following additional condition. 19. The overnight storage or parking of vehicles at any location on -site, including inside the building, shall be prohibited. Additionally, condition number nine in Exhibit "A" should be changed from 7:00 p.m. to 8:00 p.m. Submitted by: SHARON Z. WOOD Assistant City Manager v Attachments: ay of Easement Document Prepared by: MARC W. MYERS Associate Planner Use Permit No. 3647 Page,2�2y 0 FEB. -01 -1999 MON 11:50 AM LAW °CRS TITLE FAX NO. 94PR615433 P. 01 O It � ^�t7>Yr1l",� . ....�{^- Ti.LOr•CSS1•...�e.�,rr. r- n^^Y•.�.�- �r- ..w.�..�..� RSC010 0 RS A88iYD BYSTBWARTTlTL3 WIZEN RECORDED RETURN TO: CITY NATIONAL BANK 606 S. Olive, 20th Floor Los Anen��l Gabrjelt N'Ilenbbrmd1 t ardaa�ln *F4M1Cllu. C14r�Ra*=rOvrllfarnls 1111111111 44.99 ata a 7aa 94S94341710:11M fo /9/9S Cua : 4 11.tt a.aa 0.40 a.aa a.aa 1\ DECLARATION OF RECIPROCAL FASEN NTS it RECITALS A. City National is the fee owner of two mn[iguova parctla (Iddlvidtrallyr s •.parcel" and collectively, the "Parcels ") of real propary Ideated In the City of Newport Beach County Cached ge. State ofCa"larnik Marc Particularly deaaibed in Ssi>cdttlGl attached hemp. Pared i m The Parcel eo yr lob )sown a 1400 Wag Coat Highwny and daseribad ay Parcel eommdnl j SIO West la heroinaitQ rcfetrod ro a "P�ar"I L' The &steel comm atlacbtd berets is h lCO Hl�"y and described as Parcel 2 in erred to 41 'Parcel 2." C. Taco Bell is the found tenant of Parcel l pursuant to a On prod at prordcdtrnt dated Febwry 23 1993, by and betwxa Ctty Nadottal'a predeec`s`m- in- LntaCrt. Levan and Zarovhi Gagsalm and Taw Bell. at ameaded by an Amendment w Ground Lease dated a of August 3. 1994 wd a Second Amendment to Omund Lease ofeved date herewith (as so anrrnded the !! rd 4 d Lensko through and take ouutUiccesurms faeillty nl aeoordmro with d develop Parcel 35! as a drive by the CIN of Newport Beach (the •Usc Pcnoh'), approved E. City National sad Taw Ball desire to establiah reciprocal as aggents for Ingress and West over. upon and across the Parcels. alt for The pta wr=mcted or be carg3 iii gb eon. tiveneas olthe pareeb W dun Impmvaggeents of theirNOW. THEREFORE. City Naljorol and Taw Bcll hereby wvanant and deelate dsal all peerire interests in the Parcels &hell be bc!d and co veyycd subjaet m the following covcnfing3. wnditior & ratrictiom and easemenM which arc hcreb of said intema0 In the Parcels, and the owner or owners drre ' end declared to be for t[te bcneBr and assigns. their n. 'apective aviceeteeq .ror:.e �aeu as rarest w r� �P this 7-0 �;- C) �3 1 f' it 1. uGl.lftIDCdi �x /nr Inm'aa p Parcell I (Colle yvely. theh-Patsxl l (hvnen a tO iytyte)f and to ita wcecmty�•� n and assigns under the Ground l.nue, a nooroulualvo`== A1X to with Bell orbed to gu=e the driveways, seeps waYS, udawalka, walkways rsits, a trwop, and Other Paved arm on Parcel el a the same May said slam lima to pmtae, for the Use and beaefll of the Pared I Owners, ste Tae' Bell and pupa o fyP v ttlar a era, fpNtoes, Ucmaess Arcc aubiprleno far gma P�+cs. Clty National furtber n=rvea to !pelf, the right � `�sa• but bog for parking eaxme tat over P.rcc12 to !p atrccesson•ln- 6ltetest in Parcel Ice aaasfcr the fo�r7rrggooieg enwnQated. purposes hcn mAbove Parcel 2 (collectively, Iho 'Pucela2 0wnni Taco Bells hacb itgr aatlrsessors- !n•igterea[ bo sad s non elusive right In co ,,non with others to utilize t5eyl np to the Parcol 2 Ammfilks, walkways, Laic, entrances and other paved ewgYg acaw ways, from lime to Gme, for else use and benefit of the Parrs! aartia on Pavel I • o the aatne atsy eairt customers, invites, "caasees, tenants and subletaap 12 0wnM and MCir °pPIoYeCiea6g}ents, to rn and tr u er t�heaforf oparltmg Purposes. Clry Nau��f'�POdCn to rust, the right 2 for the Purposes hercinabovga aWnerag ad,p over Parcel I w its sucoessors.lrr_Intcrcn In orral servitude for the benefit ofthe otbcr Pa%e�a or granted ° a Pa es! herein la imposed as a estate. and the Paul so burdened shall be rho & tivjfrnlMe � �6tad �l be the dominant by this lhclsrstion shall run with he ypppliable Parcel and be lash easmnenl raurved or granted applibind' PPlica upon d City it mpe 1, Taco Ball. rho Parcel 1 Owners or the Pycd 2 wbcWh ol and be cable, and than respective M=Csaors, assi qp m� svl suttees, le y an and tubtettarte. Each easmnenl l"c vied trued by this Decers6oa iruy be and mewed by an agreement so u+mimting the same esauow by dte owners of dte dominard and urvlent a (d) Tito Pacc11 Owners, the Pared 2 Owners and Taco Bell m glee nos m remove oe relocate arty d the drrveways, access ways, sidewalks �1 tend o�c "govag s or relocation caw loatird or to be located on their respo;ave pacela, Vsl� tale, vas or relocation wadd be in violation of the wnditiom of the Use Pemill or would or grated pt to the provisi'tss of this Otclmhe Of a uZZc and cnJOMcnt of the casmpenls reserved 2. CcMakaMa-MaL&B� The Pareel i law'. ntll andeagrce, with respect to their respective in sts-in 'be Parcel 2 Ow, rye Par Oct ly wSc asell e cs. goladons and requirements ofsil public authoridea. Bell covenant and t p" "0r• (he Parcel I Ownem. the psrctl2 Own e sidewalks• walkwaa�a its aWnudn in goodeandition and us and Taco f ya, casts , rntnnces, and other is on the driveways. amen ways. Pay NI esprnscu lnettrrcd Ira mn+uerion therewith paved arcs on their RspeRive Parcels. and to 4' saiGwiCa. The Psrcel 1 Owners, wvenant and agree to indcrnai fY defend and hold .ash titer hannlw ma end Tam Bell .� butnetds,loss,damage.liabiffd a and eaponser and all suits,pedonaandjudgmenpe(m indjng but not limlied to costs gad anomeya• fcos) arising out of or in ally way related to lhefr failure to J.. Mehl tl.atr 43"o"Aw � a • ~M -= KIM r•. .a description: 95.431917 Page 2 of 6 Comment: 14 0 1 s I maintain Heir t 1 gLji c Parools io rife conditlon. The Panxl 1 fhvnws, the Parrrel 2 (Tuners and Taco Bell )hall glue prompt and dmely notice of cnqq clAlm mgQe or erilt of action commcnccd which In any way would mw t in indemrJ Qdon uodw dds Doclaradom s' j 2 . In the event that say hemundcr. the pn:valfing perry In tucb action shall be e� edd to receei�v! wsta and raaau�able aitamtys' fm in addition to Any darrtegs to which it is due by rea man of such action. ,MwW6Leaso. hereby �ggeeaa afgatrr eItsu1 t and for Its sucoeawrs antd ualgas tmda the and to Parcel 1 under the f nmard [cue shall et All dmes be and r�cm&Ln nfib cer ynd�ru �W to this Declaration and the benefi4 end burdens bemof, IN WITNESS WHEREOF, City National and Yarn B41 have: executed lbi) Declaration ar of the due first heroinabove wrincrL CITY NATIONAI. BADfK a oadaaAl bankio auoelatioR By: TACO BELL CORP.. a California corporadoo AllhOna Sser[tary � PAtsi f f `r"+ :. 118 Asa 7J Hsi gagA ttu0lra.r )bqa Qt) Rnuw a �� Maroc AKERS - KM1 Description: 95 431917 Page 3 of 6 Comment: -7 Order. KM1 40 I Schodale $I it DtUrIPyaaaaLParteL All that certain teal property (the "property") located In the Clty of Newport Beach, County oro aoge, State of califomls, described as follows; August 25, Parcels 1 and 2 of Newport &ecb Lot Line Adjust sent No. 95 -1, recorded Cowry, California which Fareels I and 27Were foromlOy described ou ff Ilews: ge E9kCELI Lou 48 dwugh 53, inclusive, and a portion of Lot 54 of Tract No. 1210, In the City of Newport Beach, County o(O•unge, Sutc of Cali fortis, as per map Coed in Book 40• pages 45 and 46 of Mlacollatoous Maps, in the Otfice of the Y Itmorder of said County, described as a whole as follows; Beginning at the otost Southerly coma of sold Lot 487 thence North 74°21'30• West done the Southerly line ofWd Lou 48 through $4. a distance of325.00 feet; thmco North 15 038'30° East 105.07 feet to the Northerly line orw Lots 48 1*0110 54: hence South 76 °10'03` Fast Along sald Northerly line, 325.16 feet to the most Easterly center ormid Lot 48; thence South I J °38'30• West alone the Easterly line ofsaid Lot 48, a distance of 1153 feet to the Point of Begin g th E98CF.I.2 Lou 56, 55 sad o portion of Lot 54 of Tract No. 1210, in the City of Newporr 8exh6 County of Orville. State of Callfomla, as per map recorded in Book 40, Pages 45 and 46 of Miaecllenmus MW. In the Office of the County Recorder of said County, described u o whole as follows: Com++tendng u the most Southerly comer of Lot 48 of said Tram No. 1210; L hecae North 74021-30- said Tract No. WCet along the Southerly line of Lots 48 through 54 of su a 1210, a d(nec of 325.00 feet 10 the True point of Beginning; thence North 15.3830• EAU 105.07 feet to the Northerly line ofaaid Lots 54.55 drone¢ Notch 76 TO'03• Wast ¢101111 said Northerly line, 132.76 fat to the wort Nonherly Comer of sold Lot 56 thence South 15 °38700 Wert along the Westerly line ofsald Let 56, a dimum of loo .g8 fat to the most Westerly coma of Bald Lot 56, thence South 74°2170° East along the Southerly line of Wd Lots 54, SS and 56, a distance of 132.69 feet to the True point of &ginning. 82mu r Iteltda 344004 4W Description: 95.431917 Page 4 of 6 Comment. I'. i' •�: qq ir• oL� x; i 9 0 /r • STATEOFCALIFOPNIA ) COUNTY OF On Se t e�n�(S • 1999, before me. the undersigned, a Notary Public to xnd for said County and Sung. permnally appeared G H t)-t tF n 3 cha perwnally known to me (or proved tome on the barb of satisfoctor)P avlden�d e persons) whose names) iaraw subscribed to the within ittatntroeal tad acknowledged to me that brAheAky executed the same in It Aerhkelr authorized u)uclty(!u) and that which the pason(grtattues) on the l the wi mt tho P�nn(s)• or the endry upon behalf of petron(s) acted. executed the witch instrumen4 WITNESS my hand and oReial seal. / 1N011Atk GI-Le If•Y/nl Cn...0 0 / 1 to it 1• ` • !„ f ••! •11 W : - •:Y ^.•^A P.•� -f.s tc . e 1, o.- •..t. -o. tC4^rn� —. �Sk:,+ •irn�:tl::co:.n Notary Public '�- fc t>;et• `.tsar STATE OF CAI.IPOPNIA I COUNTY OF �) sa on for said County and gtue, • 1995. ttlbm me, the undasigned, a Nawy Public in and Personally known to me for mved)to mee anththr buic of� satt— •� n is --�. Persona) whore names) isfam subscribed to the within ( ry )1O �c me that hbaheMey executed the same in hislAcrRltcir aulh no Tent and acknowledged to by his/!ta/thcir sltuuture(c) an the huwtnent the perwn(s), or the ant tyyupon.beettWro which the Penon(s) acted. executed the within instrumenl. WITNESS my fund and 9111aiel scaL nwr.) a„a• sun rfw� • •,Ir Notary publt� ~� - -� KM f Description: 95.431917 Page 5 of 6 Comment: psi t I r 1 I IT ,TAn OPCALjMR)V)A ) COUNTYOTORANCY )) ION AWaILL225, Wm m,. PabonLaY apps and AND MAX CRAIG IX) ,,Dy k" m me OR N.wcusq,.w (- f Pro ed fo me cn Oa be the p= aKm) %tl mamma me(.)� m h Sh4tb,th y � me � m f ow D°tud "wdWlm) ud d Chet by MowAh& R "10) a me LppymtaN the pft Av -). w am crWW uye» beh& of wNch ft p'QwtU) mud. OX=WW thm W&UNou wNjo, i✓1" Na" Pmt c e SMATTACAOt® Dt3alcltn� Arwa , Wbm my tww wd wr w'd pvI CArACiTY Cd.ADWW gr B)CNRA U DMrVIDU,u.(S) IXIOOMIATa otm1 r( jq, U PARTMUC) U ArMRNSV.IN -PACT U TRUSTERS) U sueSCxmtNawnTQss UO"RDL*J*MN$PRVAMR SIpeQ(q eVxr We tWDnRho Detc of pot;mCtn,t � Bi -_:: KM1 Description: 95.431917 Page 6 o16 Cominent: tame 0 City of Newport Beach Planning Commission Minutes July 22, 1999 and the Public Works Department. 2. ,Public improvements may be required of the developer per Section X10 „82.050 of the Municipal Code. 3. The Otciject shall comply with the requirements of the Uniform Building Code. 4. A standard agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements, if "it. is desired to obtain a grading or building permit prior to completion 'bf the public improvements. 5. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment `'and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 6. The overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance"with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical': 7. A drainage study shall be prepared for the on -site drainage by the applicant and approved by the Building Departmenf showing how the on -site drainage is to be handled. 8. This Variance shall expire unless exercised within 24 months-from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. \\ SUBJECT Jiffy Lube of Newport Beach (ArthurBahar, Architect) 1520 West Coast Highway Continued from July 8m meeting • Use Permit No. 3647 Request to permit an automobile maintenance facility which specializes in oil and filterchanges and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. Associate Planner Marc Myers added that the applicant has provided staff with 16 INDEX Item No. 3 Use Permit No. 3647 Approved �_q City of Newport Beach Planning Commission Minutes July 22, 1999 material and color boards with samples of the exterior finishes of the proposed building. The staff consulted with the City's design consultant for recommendations, who determined that the proposed materials including the exterior marble and bronze glass were acceptable. The proposed concrete roof tile, exterior building stucco color and the aluminum mullion color of the exterior doors and windows should be more in the line of earth tones in order to tie the entire building together. The design consultant's recommendations are provided on the backside of the materials board for the Commission's review. Commissioner Fuller asked the following: • The Taco Bell easement to the east is planned on being used. Is it legally consistentso that this can be approved? • Is a ground sign a monument sign? • If easterly access to subject property were limited to one direction would one of the parking spaces have to be deleted from the Taco Bell property? • Can we request that Taco Bell give up a parking space? • Within this easement, is two - directional traffic permitted? • What is the width of the internal driveway, the one to the rear. • This use being proposed, does it conform to the zoning and the General Plan? • How many cars can be serviced in the tandem bays at one time? • The 12 -foot CalTrans easement, is that the same shown on the plans? • Mezzanine is to be used for what? Staff answered: • Ms. Clauson answered she has read the easement which allows reciprocal use of that driveway as long as that easement is in existence. The Commission may want to add a condition that the easement may not be terminated or revoked, or, if it is, they have to come back to the Planning Commission for further approvals. It is a recorded easement. • Mr. Myers answered that in this case, the ground sign is a monument sign. • Traffic Engineer, Rich Edmonston stated that the end stall on the Taco Bell property if a vehicle were parked there, would encroach into the full width of the aisle that would serve the Jiffy Lube property. Our observations have been that the Taco Bell lot is seldom full and that being the farthest spot from the building, is the least likely spot to be used. • Mr. Myers answered that the original Taco Bell Use Permit granted a waiver of parking spaces in order for that approval to be obtained. In order to omit or reduce the number of parking spaces on site, they would need to amend the existing Use Permit. • Mr. Edmonston answered that the driveway will remain two -way to serve both the Taco Bell and Jiffy Lube. • Mr. Myers stated that the Site Plan lists the internal driveway as 10 feet, however, the Traffic Engineer has recommended that it be widened to 12 17 INDEX 9-1 0 0 City of Newport Beach Planning Commission Minutes July 22, 1999 feet. Mr. Edmonston added that this would be if the easterly driveway were made an entrance only. You could make the driveway into the Jiffy Lube one way, but the customers that were not driving through the building, would have to go around the back. If that became a mandatory part of the circulation, then it should be widened from 10 to 12. If the joint driveway access off the Taco Bell site remains two -way, then the 10 feet is adequate, as employees will only typically use it. • Mr. Myers answered that the site zoning is Retail Service Commercial and the proposed use is allowed in this area. • Mr. Myers answered that the extended service bays were to create the ability to service more than one vehicle at once, should the need arise. In addition it would be to accommodate oversize vehicles such as recreational vehicles or limousines. • Mr. Edmonston answered that what is shown on the site plan is the existing curb line, the right of way and protection of that 12 -foot easement, should the City decide to widen Coast Highway. • Mr. Myers answered that the mezzanine is a second floor office space in the front portion of the building and is to be used for bookkeeping purposes. Continuing, he noted that as a member of the Mariners Mile Business and Citizens group which concluded as of April 1997 the land use regulations in the study area are generally appropriate, including height and density provisions. While the Committee finds that existing land uses are for the most part appropriate, certain recent improvements and certain existing uses may not maximize the potential of the area. Of greater concern are the aesthetics of the area... the goal is to provide a frameworkthat will guide private sector new development in creating a distinctive "sense of place' and image for all of Mariners' Mile. The whole area was studied. In these recommendations, we suggested that this framework should be adopted at the policy level as a resolution, rather than as an ordinance. Was this ever done? As far as uses and those types of things, this consultant does not recommend? He then proceeded to read additional goals /recommendationsfor entire study area. INDEX Mrs. Wood answered no, that has not been completed. We have retained a team of consultantsto prepare the design framework and we have a draft, but it is not been taken forward to the City Council for approval. In the interim, any projects for Mariners' Mile, we are having that design consultant team provide design assistance to the applicantand to the City to help bring continuity in the area. That has resulted in the recommended colors, materials and landscaping presented on this project. The consultant team does not recommend the uses for the area. The only formal form of implementation of those recommendations was the retention of the design consultant team to do the design framework and provide assistance. At the time this was considered the first step. Staff does pay attention to these recommendations and as we work with potential applicants, we will discourage additional curb cuts, encourage the combining when working with smaller lots. There has been no formal 18 -31 City of Newport Beach Planning Commission Minutes July 22,1999 change in our regulations. Commissioner Kranzley clarified with staff that this new plan requires that one space be given up by the Taco Bell. Would that be an additional condition for approval of this use permit? Mr. Edmonston answered that it was not staff's intent that the space be required to be given up. What we acknowledge is that if somebody is parked in that space, they will encroach partly into the access way into the adjacent proposed Jiffy Lube project. Based on our observations of the light usage of the parking in the Taco Bell, and the fact that those who do, park closer to the building and this being the most remote space and will be used so seldom that it would not be a hindrance to the Jiffy Lube project. Commissioner Kranzley asked if this parking space was used, would it be a safe parking space? To which he was answered that the only problem would be that you would have half the drive aisle opened for Jiffy Lube and it would be the half where normally they would come out. It would have to be shared by people coming in and out. Based on the proposed traffic flow for Jiffy Lube, that driveway will mainly be for people coming in. Commissioner Ashley said it appears to be a 24 -foot easement on the blue print to allow for the movement of traffic from the Taco Bell into the Jiffy Lube area. It appears that 3 parking spaces will be lost. Mr. Edmonston responded that the 24 feet in terms of how people are likely to drive is needed to extend onto the Taco Bell site, not merely the last stall. The assumed traffic patterns are not problematic. We are not proposing to restrict any parking. The easements granted are not related to parking, only access. We wanted the Commission to understand that this last stall, if used, could impact the actual width of the aisle going in and out o Jiffy Lube. It will function well with two -way traffic. Commissioner Kranzley stated that we are here to make long range plans. It is not clear that there will always be parking spaces available at Taco Bell, or if this is a use other than Taco Bell, all spaces may be used. Ms. Clauson added that in the reciprocal easement: • clearly makes it reciprocal for whatever condition the curb cuts are in for both sides, both ingress and egress • allows two parties to agree to terminate without City involvement • section that protects the Taco Bell to remove any existing curb cuts if it would be detrimental or impact the Taco Bell use permit, but it does not have that same type of requirement for this use permit Chairperson Selich noted that this is a risk that the applicant assumes when this INDEX 0 19 3 2 0 0 City of Newport Beach Planning Commission Minutes July 22, 1999 use permit is approved. If this reciprocal easement were to be abandoned, theywould lose the use permit or have come back to have it modified. Public comment was opened. Arthur Bahar, Architect, 704 Promontory noted that the materials have been prepared with the recommendations of the City consultant. These recommendations include: • revised roof tile color • mullion on the windows • landscaping • signage At Commission inquiry, Mr. Myers referencing the exhibit noted: • marble will be on the vertical element of the facade of the front and side elevations • flat stucco to be applied to building • stucco color will be oatmeal • mullions will be taupe to be consistent with bronze colored glass • concrete roof tile will be a taupe color CommissionerAshley asked about the ingress from the "taco Bell. Will it be two - way? Mr. Bahar answered that they have an option. We can have two -way coming from Jiffy Lube. If we do make It two -way, we would extend the back driveway to 12 feet from 10 feet. However, if we make it one -Nay, we can leave the back driveway at 10 feet and it will be used as an access by Jiffy Lube only as ingress. Commissioner Ashley stated that if we do not have egress from the Jiffy Lube propertythrough the western Taco Bell drive, and egress from the westerlydrive of the Jiffy Lube site, wouldn't some conflict develop? INDEX Mr. Edmonston answered that is one of the reasons that the Mariners' Mile group was trying to reduce driveways. When this project started, it had two of its own driveways plus the Taco Bell. We worked to get rid of one of them. The driveways are far enough apart that people will figure out and see what is going on. I don't have a particular concern if both driveways are used for two - way. The predominant flow of the traffic to this site is going to be one way and that is as the vehicles are serviced. They will have a primary entrance side where vehicles will pull in from the Taco Bell driveway and circle through the service bay and it will come out on the westerly side to leave the site. Most of the circulation will be one way, the two -way will come from employees who are parked on site and park rather than drive through in the typical service 40 fashion. 20 33 City of Newport Beach Planning Commission Minutes July 22, 1999 Christian Fanticola, 45 Auvergne, applicant stated that he had a meeting with members of the staff, City's design consultantand a City Council member. One of the main concerns discussed was the internal access and circulation of which we created the drive aisle to the rear. Ingress and egress through the Taco Bell driveway is important. Through past experience, they have repeat customers and patrons who become familiar with the operation and the entrance will clearly be off the Taco Bell side through that access. The owner of the Taco Bell, Dick Armstrong, has expressed that he would be willing to modify the planter in order to move that parking space that is in question, forward. We have been able to eliminate one curb cut, which is consistentwith the goals of the Mariners' Mile group. We have made many changes based on their recommendations. We can provide more landscape along Coast Highway as a result of eliminating the curb cut. In terms of screening of the bays, we reviewed other bays in the area. He then produced a board to demonstrate the site views from the street and indicated that the screening will be adequate. Chairperson Selich asked about the material and color of the door, as well as the signage. Mr. Fanticola answered that they are glass doors with steel on top and bottom. There is low lighting in the interior of the building. The glass is clear and the steel is silver in color. The proposed monument sign has been worked out with a similar sign as the Sterling BMW sign. This was done at the suggestion of the City's design consultant. At Commissionerinquiry, Mr. Fanticola stated: • There will be a Mariners' Mile logo on the sign. • The bays accommodate two cars, each of which can be serviced at the same time. • On the lower portion, there are only two employees at any given time. They can handle up to 8 vehicles at once as all they do is remove a drain plug and let the oil drain. • On the upper portion, there is typically one employee per car. Depending on the skills of an employee, he or she can work on two cars. • If would be an unusual situation to have six cars in there at one time. The business estimate is 60 to 70 cars serviced over the entire course per day. • When a customer pulls up, a courtesy technician will take their order for service and then the customer will be escorted to a waiting room until their order is done. • Grayco Fire Ball pumps are sound proofed to eliminate the sound at the pump. • There is no roof top equipment. • The retaining wall in the back accommodate access around the will be moved back in order to back of the site. We have met with a 21 INDEX 3N i City of Newport Beach Planning Commission Minutes July 22, 1999 civil engineerwho has assessed the area. • In his experience, arrows are effective for directing traffic, but if the Traffic Engineer determines theywish something else, will work with him on that. • The entrance sign will be affixed to the monumentsign if needed. • We are not proposing to restrict left turns. However, I would encourage right turn only. • There will be screening along the east bound however, there is an underlying easement along that portion of the property that allows for only shrubs to be planted, and no trees are allowed. Public comment was closed. Chairperson Selich stated that a conditional use permit is not necessarily something that has to be approved. It can be denied if it is detrimental to the public welfare or injurious to property or improvements in the neighborhood. We have not denied many use permits in my tenure. In looking at a use, we need to look at the conditions and how the site is designed as well as if the use .is appropriateand meets those criteria. In this particular instance, I believe that this is not an appropriate use for this area. The automobile repair facility that is the category this falls under, is only permitted by right in one District in the City . per the Zoning Code and that is the Industrial District. It is only permitted by use permit in one commercial district and that is the RSC District. Special care and consideration must be taken in evaluating the use if it is appropriate or not in the zone as well as whether the Commission would care to condition and which ones to place on that use. In Mariners' Mile, there are no stand -alone automobile repair facilities. I don't think it is appropriate to have an auto repair facility in this area. There are other RSC zoned properties in the City where it would be appropriate. It does not provide any benefit to the surrounding properties; it is injurious to the office building to the wrest. It would probably inhibit the quality of what we get on that particular piece of property if and when it ever gets recycled or remodeled. The location is not proper there for this type of facility. It would be more appropriate by Rocky Point where there is more depth to the property if it could be re- designed and certain conditions could be met. This business has a formula of drive through bays. He then proceeded to discuss two different Jiffy Lube sites with comparisons to those sites and what is being proposed tonight. The sites were in Cost Mesa and Irvine. • Costa Mesa: 2 bays accommodating cars 1936 square foot building 0 11,500 square feet site r 8 parking spacesrequired /9 provided <• 26 feet depth of front landscaping in front of building 40,000 projected average daily traffic .• circulation is terrible 22 INDEX a, City of Newport Beach Planning Commission Minutes July 22, 1999 Irvine (in auto mall) 3 bays 2470 square foot building 18,850 square foot site a 7 parking spaces required/ 15 provided 40 feet depth of front landscaping <• 64,000 projected average daily traffic Newport Beach: 3 bay 2,432 square foot building 11,641 square foot site 14 parking spaces 12 feet depth of front landscaping 0 73,000 projected average daily traffic He continued discussing the differences among the three sites concluding that this proposed project is a grossly inferior site plan. It is a pre- conceived design concept with little or no flexibility that is being forced on this site. In my opinion, it just doesn't fit. I am opposed to this use on the overall level that it is not appropriate for the area and the site. On a second level, I compliment the applicantwho has worked hard with the City to try to mitigate the building and the architecture and worked with the consultant, but the end result is that it is too big of a facility on too small a site. We have to look at the impact this project will have on Coast Highway. CommissionerFuller noted his concerns of the items expressed, however, he has talked to the adjoining property owner who stated that this would not be beneficial to a project he may be proposing. However, to deny this, I am struggling with that. It does conform to the zoning in the General Plan. This is not within a specific plan area. If this is so unpopularand undesirable, where is the opposition this evening? I haven't heard anybody speak against it, whether it be resident other than the property owner I called. Some of the projects approved that are in there, to me don't fit. Namely the Car Spa, the Auto Bistro which I voted against and the Auto Sport (a retail project approved last year). I think this proposed project would be a benefit for those of us who live east of the bridge. The landscape requirement of 20 to 40 feet is not feasible in these small lots. I would ask the applicant if he has ever considered a two -bay operation. CommissionerTucker stated that this is not the greatest use, but there is a whole group of uses there that are not great. Where do you draw the line, absent specific Council direction? It is difficult to compare to Irvine, where the Irvine Company has taken years to plan everything. Granted, if the Irvine Company had planned this portion of our town, I am sure it would look a lot different than it does today, but they didn't. As far as traffic is concerned, I can't conceive of INDEX • 23 Z G 0 11 City of Newport Beach Planning Commission Minutes July 22, 1999 a use going in there that would have less of a traffic impact. It is not a high intensity type use. I agreed with the Chairman at the last meeting to eliminate the driveway, and the applicant has done that. Some additional things can be done on the architecture and design so that it doesn't really look like a Jiffy Lube anymore than it possibly has to. I will suggest some additional design conditions and ask the applicantfor his input. Commissioner Ashley stated that the applicant believes he will be servicing between 60 and 70 cars per day between 7 a.m. and 8 p.m. That is a period of thirteen hours and it would not suggest that there would be a lot of traffic moving in and out of this site. I agree that 12 feet of landscaping is about all you can expect on Mariners' Mile. I am concerned about the circulation. The applicant is using part of Coast Highway as part of his circulation system. The use is appropriate for that particular location. Another use could come in that could propose more traffic. He then proceeded to ask if this was approved, would the Planning Commission commit to having to approve Taco Bell reducing the allotted parking on their site. Mrs. Wood reiterated that the parking space does not need to be eliminated from Taco Bell per Mr. Edmonston. It is his assessment that the circulation on the two sites would still work adequately. Commissioner Fuller stated that he understood that the planterwas going to be moved in order to preserve that space. Mr. Edmonston agreeing with the statement added that it appears from the plan that there is some room to move forward, it would then be much closer to the full 24 feet. Mrs. Wood stated that this could not be a condition of approval on this project. This applicant can not force another business and property owner to do something on their property. Ms. Clauson stated that the space does not have to be eliminated, it can be improved by moving it forward. By approving this, we are not requiring them to eliminate that Taco Bell site. We are not forcing the Planning Commission to eliminate that parking space. Mr. Edmonston noted that perhaps a condition could be added that the applicant would work with the Taco Bell people to adjust the parking space in question. INDEX Commissioner Ashley stated his support of this application only if the Planning Commission attaches a condition where there will be ingress from the Taco Bell drive into the Jiffy Lube property exclusively and no egress from the same entryway out through the Taco Bell drive. This would provide for a one way 24 3-7 City of Newport Beach Planning Commission Minutes July 22, 1999 circulation site that would permit cars to come in the Taco Bell drive, move about the northerly portion of the property as needed, and exit on the westerly drive of the Jiffy Lube. Commissioner Gifford asked if that was the only alternative Commissioner Ashley would consider? An alternative condition could be that the permit was granted provided that they either did that or they procured the consent of Taco Bell to move the parking space. Commissioner Ashley answered no; he was really concerned with the circulation with egress and ingress on Coast Highway. Chairperson Selich noted that the Planning Commission should not exacerbate the problems on Mariners' Mile whether the appropriateness of the use or the level of design standards. Commissioner Gifford agreed that the Planning Commission should not perpetuate something that is going in the wrong direction, but that presumes that something could come along that would be better. We have had plans where we have encouraged marine uses; we have had committees with plans, etc. What is happening is clearly generated by the public. In terms of using Coast Highway as part of the circulation, you don't have the advantage of a comer as somewhere else. Practically speaking, you can turn left to get in, but certainly not to come out. Our choice is do we want to let existing businesses that are not thriving or the facility that is decaying and an eyesores to continue to stay there hoping that something better will come along. I am in favor of approving this application. Commissioner Tucker commented that the circulation is not perfect, there is no question about it. The applicant did have its own separate drive on the east side that would have resolved all of the circulation issues. However, the Planning Commission suggested to eliminate a driveway and that the applicant look at utilizing the Taco Bell easement, which he has done. As between an additional driveway on Coast Highway and using the Taco Bell easement, the easement is the lesser of two evils. Even though it's not perfect, it's better than going back to the first choice presented. Commissioner Kranzley concurred with the comments of the Chairman. He added that two rapid turnover uses next to each other are dangerous at that location on Coast Highway. This is not the right use in this area. He stated his opposition to this application. Commissioner Hoglund stated his agreement with Commissioner Gifford's remarks. He stated his support of a one way entrance at Taco Bell and signage prohibiting left turns at the westerly exit. He expressed his support. INDEX 25 :3e 0 0 City of Newport Beach Planning Commission Minutes July 22, 1999 INDEX Public commentwas re- opened. Chairman Selich asked the applicant if they would consider going from three bays to two bays? Christian Fanticola answered that he had investigated doing a two bay facility but based on his experience having that third bay will make this site work much better. To eliminate a bay would be an operational error for this project. I do believe the driveway from Taco Bell can be made entrance only and the driveway onto Coast Highway can be made exit only. This is the flow of the function of this business. I believe that the access agreement had provided for ingress and egress and that is why it was stipulated on the site plan. CommissionerTucker asked: • About the landscaped areas, if a 2 -foot high berm could be located in the 10 -foot area frontage. Mr. Fanticola answered yes. • Materials to be planted on top of the berm are to have an immediate screening effect. The goal is to have that landscaping be 4, 5, 6 feet on top of that 2 -foot berm. Mr. Fanticola answered that he could put a hedge there. The fan palms are used for continuity along Coast Highway along that area. The Myopia Ladum species of shrub was considered to be adequate screening shrub and is planned for the northeast portion of the lot in the rear. • On the west side of the property there is a 10 -foot landscaped area as well perhaps do the same thing? Mr. Fanticaola answered that there is a King palm on site that was cited as one of the three significant King palms in Mariners' Mile. We are going to plant shrubs below it. Mrs. Wood added that the consultant has made recommendations for the Mexican Fan palm and a hedge of Ligustrm that is the hedge and type of palm that has been recommended for a number of projects along Mariners' Mile. It is our attempt to keep a continuous theme of landscaping. The landscape plan shows the same Ligustrm and Fan Palm treatment everywhere along the Coast Highway frontage, and I believe that staff has written that into the Findings and Conditions. That would be Condition No. 22. Commissioner Gifford noted the Ligustrm is the Texas privet and is not fast growing. It is dense when it gets going and if that is what the design consultant is recommendingfor a uniform look, suggested maybe it could be a largersize. Commissioner Tucker asked if that could be placed along the eastern perimeterinstead of the Rapheolepislndica? Mrs. Wood stated that could be done. The proposal to change from the Ligustrm to the Rapheolepis is to provide some variety on site. The Rapheolepis does provide some blossoms for a different look and grows quite high. 26 3q City of Newport Beach Planning Commission Minutes July 22, 1999 Further Commission inquiry: Use of smooth stucco instead of a Taco Bell stucco? Mr. Fanticola answered, yes. Move the monument sign to southeast corner of property rather than in the middle of the landscaping. Mr. Fanticola agreed. If the westerly driveway is egress only, is it possible to put in a screen wall with smooth stucco. Mr. Fanticola answered that could be something that could be worked in the plan. Chairman Selich asked for clarification of the location of this screen wall. CommissionerTucker clarified it would be on the west side of the building where there is a landscaping planter. It would be attached to the building, something around that area that is perpendicular and sticks out the side of the building 6 to 8 feet to furtherscreen the bays. Discussion followed on the possibility of narrowing and curving of exit driveways to force right hand egress. Mr. Edmonston pointed out that there are parking spaces that use that aisle way. They need all 24 feet. Associate Planner Marc Myers noted that the revised drawings take into consideration, some of the recommendations that were made including: • Eliminating curb cut • Moving landscaping from eastern property line to along the Coast Highway frontage. • Enlarging the front porch of the proposed building to provide a larger outdoorarea. • Rear access drive behind the building. • Developing a sign that is consistent with the goals of the Mariners' Mile group and in compliance with what is permitted. This could be a ground sign if possible. Chairperson Selich stated that, as it appears to be the consensus of the Commission to have the one -way into the site, narrow the distance between the noses of the two landscape areas. The glass should be bronze to match the front and the steel treatment be taupe color on the frames of the doors to match the mullions on the building. Rather than leave the approval of the monument signs to the Planning Director, this should come back to the Planning Commission for review. CommissionerTucker agreed on the signs. Anytime a special action is required by the Planning Commission we should be able to address this issue. 27 1 O INDEX 0 0 0 City of Newport Beach Planning Commission Minutes July 22, 1999 Motion was made by Commissioner Ashley for approval of Use Permit No. 3647 with the attached findings and conditions in Exhibit A with the added changes: • Finding No. 3, bullet 4 - add via one way circulation on site. • Finding No. 3, bullet 7 - add, ....along with proposed landscaping • Condition No.9 the hours of operation to 8:00 p.m. daily • Add condition that the reciprocal driveway and access easement with the neighboring property owner (Taco Bell) shall be executed and delivered to the City. (He was told that it already is part of this record and it has been recorded). • Add condition regarding the consultant's recommendations about materials and colors be part of this application. • Add condition regarding the current parking space on the Taco Bell site shall be adjusted so that no obstruction occurs. (Determined to be unnecessary) Ms. Clauson noted that if the driveway is narrowed to one way, the issue of the parking space is moot. At Commission inquiry, the applicant stated that he has the agreement from Taco Bell to move that space in three feet and is agreeable to having that condition on the agreement. Commissioner Hoglund pointed out that the Planning Commission wants the bays to be screened to the maximum extent possible. We are supportive of your use, but we don't want it to look like a garage. We want to minimize people's impression of seeing garages on Coast Highway. To the extent that landscaping will help do that, we want you to. Staff read back the following amended /additionalconditions Amended: • Condition No. 1 - the new longer one elaborating landscape requirements will be number 22. • Condition 9 -shall be amended to read 8:00 p.m. daily Add: • Condition 19 The overnight storage or parking of vehicles at any location on -site, including inside the building, shall be prohibited. • Condition 20 The proposed building, including the materials and colors comprising the exterior walls, facade, and roof treatment, shall be consistent with the site plan and those materials and colors presented to and approved by the Planning Commission at its meeting of July 22, 1999. The stucco shall be smooth texture and the garage doors are to be the same color and materials as the windows and mullions on the front of the building (taupe). • Condition 21 The business shall be limited to a total of two wall mounted 28 INDEX City of Newport Beach Planning Commission Minutes July 22, 1999 signs, located on the east and west elevations. Additionally, one ground sign shall be permitted, and shall be a monument sign of possible. The final design, size, and location of the wall signs and the ground sign shall be subject to the approval of the Planning Commission Condition 22, A landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. Landscaping shall be provided in a combination of trees, low shrubs and ground cover consistent with the approved landscape plan and acceptable to the Planning Department, Public Works Department and General Services Department. The eastern property line of the parking lot shall be appropriately landscaped with Rapheolepis Indica bushes and either Eucalyptus lehmannii or Ficus m. nitida trees to obscure the direct view of the service bays. Four, 24 -inch box trees spaced approximately 8 feet on center and the hedge with 15 gallon sized at 36 inched on center shall be provided in the landscape island along the eastern property line adjacent to the new parking area. The 10 -foot landscape area along the Coast Highway frontage shall include a berm 2 feet high, with a Ligustrum hedge planted on it. Size of the plant material is to be determined by staff. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderly fashion. Condition 23. The driveway from the access easement property to the east of the project site shall be limited to entry only. The landscaped islands shall be extended to restrict access accordingly with the goal of providing maximum of screening of the service bays from Coast Highway. The final plan to be approved by the Traffic Engineer. Mr. Edmonston noted that what is there now, is the existing retaining wall. The planter provides a front overhang for the space. There may not be a lot of room to move that forward. Chairperson Selich asked the applicant if he was willing to move the Taco Bell retaining wall forward? Mr. Fanticola asked if it would be acceptable to move the finger of the planter towards Coast Highway to narrow the driveway to mitigate the problem of the parking space? Mr. Ira Handleman, consultant with Jiffy Lube stated that it was his impression that by going with Commissioner Ashley's suggestion to making it one way that would resolve the problem as well because they can narrow the driveway. The issue of moving the planter is not an issue as it is going to be resolved by the INDEX 0 29 C{ Z City of Newport Beach Planning Commission Minutes July 22, 1999 one -way Chairperson Selich stated he was correct. Commissioner Kra nzley stated his support for a right turn only out of the site. For public safety we ought to discourage people from turning left onto Coast Highway. Commissioner Tucker stated that the right turn only would result in traffic going down to intersections that we know are failing to turn around. I would not support making this a requirement. The applicant indicated that he would be agreeable to put up a sign indicating right tum only. Chairperson Selich agreed with CommissionerTucker. A straw vote to include a right turn only sign posted on site: Hoglund - aye Kra nzley- aye Gifford -aye Selich - no Ashley- no Tucker-no Fuller - aye Add Condition 24 The applicant shall install signs at the westerly driveway to indicate, "right turn only." Ayes: Fuller, Tucker, Ashley, Gifford, and Hoglund Noes: Selich and Kranzley Absent: None Abstain: None Chairperson Selich thanked the applicant recognizing their cooperation and graciousnessworking with the City to help make this a good project. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3647 Use Permit No. 3647 Findings: INDEX 1. The Land Use Element of the General Plan designates the site for 1 30 y3 City of Newport Beach Planning Commission Minutes July 22, 1999 INDEX 0 'Retail and Service Commercial' uses and an automobile service facility use is considered a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt under Class 3 (New Construction or Conversion of Small Structures) requirements of the California Environmental Quality Act. 3. The approval of Use Permit No. 3647 to permit the establishment of a automobile oil, filter and lubrication facility will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of the Municipal Code for the following reasons: • The use is compatible with the surrounding commercial uses since automobile service facilities are typically allowed in commercial districts. • Conditions have been added to address potential problems associated with parking, and noise. • The number of spaces provided on site can accommodate the parking demand for the facility. • Adequate provision for vehicular traffic circulation is being made for the automobile maintenance facility, via one way circulation on site. • The proposed use is a use that serves the residents in the area. • The nearby residential uses will not be adversely affected since conditions have been added to address potential problems associated with the proposed use, and the hours of operation have been limited. • The orientation of the buildingwith the service bays turned away from residences and the direct view of West Coast Highway along with proposed landscaping protects against impacts on residential neighbors and minimizes impacts from the public right -of -way. • Additional landscaping has been provided on -site to enhance the aesthetics of the project and minimize the impacts of the service bays. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of propertywithin the proposed development. • The site design eliminates a curb cut along West Coast Highway • Landscaping is provided consistent with the Mariner's Mile 31 /� G� City of Newport Beach Planning Commission Minutes July 22, 1999 design goals, and sufficient to screen views of the service bays from Coast Highway The building is designed with a limited mass to the front fagade, and with colors and materials that reflect the quality of development the City seeks for Mariner's Mile The internal drive aisle will facilitate internal circulation from one side of the building to the other without having to drive through the building or out onto West CoastHfghq,vay Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan, landscape plan and elevations, except as noted below. 2. The requirement of sixteen (16) parking spaces shall be waived and a minimum of fourteen (14) parking spaces shall be provided on -site. 3. Vehicle services shall be completed entirely within the approved building structure. No vehicle service or repair shall take place in any parking space or drive aisle. 4. The outdoor storage or display of materials, equipment or any other auto related parts or merchandise shall not be permitted on site. 5. No inoperative vehicles shall be permitted to be parked on site outside the building including in marked spaces. 6. Parking and advertising of vehicles for sale or lease is not permitted. 7. Provisions shall be made for the storage and collection of used oil and lubricants pending recycling. 8. All employees shall park on -site. The hours of operation shall be limited between 7:00 a.m. and 740 8:00 p.m. daily. INDEX 10. The entire site including the exteriorof the building including, the parking areas, and sidewalk shall be maintained free of litter and debris and kept in a clean and orderly manner at all times. 11. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed ,,// 32 7S City of Newport Beach Planning Commission Minutes July 22, 1999 Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 12. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 13. The drainage from the site shall be collected on -site so that it does not track out onto the public right of way or drain into the bay. 14. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 15. All mechanical equipment shall be screened from view of nearby properties and public streets within view of the equipment, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 16. All mechanical equipment and trash areas shall be fully screened from view from West Coast Highway and the surrounding properties (including from above). All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or a container otherwise screened from view of adjoining properties and streets except when placed for pick -up by refuse collection agencies. The trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 17. The approval is only for the establishment of a quick lube type service facility specializing in automobile fluid changes and lubrication only. This approval shall not be construed as permission to allow the facility to operate as a automobile service station, gasoline station, or a vehicle equipment repair use as defined by Title 20 of the Municipal Code, unless a use permit is first approved by the Planning Commission, 33 INDEX in 0 . City of Newport Beach Planning Commission Minutes July 22, 1999 18. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or leasing company. 19. The overnight storage or parking of vehicles at any location on -site, including inside the building, shall be prohibited'. 20. The proposed building, including the materials and colors as recommended by the City's design consultant, comprising the exterior walls, fagade, and roof treatment, shall be consistent with the site plan and those materials and colors presented to and approved by the Planning Commission at its meeting of July 22, 1999. The stucco shall be smooth textured and the garage doors are to be the same color and materials as the windows and mullions on the front of the building. 21. The business shall be limited to a total of two wall mounted signs, located on the east and west elevations. Additionally, one ground sign shall be permitted and shall be a monument sign if possible. The final design, size, and location of the wall signs and the ground sign shall be subject to the approvalof the Planning Commission. 22. A landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. Landscaping shall be provided in a combination of frees, low shrubs and ground cover consistent with the approved landscape plan and acceptable to the Planning Department, Public Works Department and General Services Department. Additionally, the eastern property line of the parking lot shall be appropriately landscaped with Rapheolepis Indica bushes and either Eucalyptus lehmannii or Ficus m. nitida trees to obscure the direct view of the service bays. Four, 24 -inch box trees spaced approximately8 feet on center and the hedge with 15 gallon sized at 36 inched on center shall be provided in the landscape island along the eastern property line adjacent to the new parking area. The 10 -foot landscape area along the Coast Highway frontage shall include a berm 2 feet high, with a Ligustrum hedge planted on it. Size of the plant material is to be determined by staff. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderlyfashion. • .....shall include the Ligustrum hedge on the ,bay frontage to be of a 34 41 INDEX City of Newport Beach Planning Commission Minutes July 22, 1999 size approved by staff. Shall also include a 2 -foot berm with hedge to be installedin the 10 feet landscaped areas. 23. The driveway from the access easement property to the east of the project site shall be limited to entry only. The landscaped islands shall be extended to restrict access accordingly with the goal of providing maximum screening of the service bays from Coast Highway. The final plan to be approved by the Traffic Engineer. 24. The applicant shall install sings at the westerly driveway to indicate, "right turn only ". Standard Requirements The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to furtherreview by the City Traffic Engineer. 3. The parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. Intersections of West Coast Highway and the private drive shall be designed to provide sight distance in accordance with Standard 110 - L. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. 8. The project shall comply with State Disabled Access requirements. The operator of the vehicle maintenance facility shall be responsible for the control of noise generated by the, subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards 35 INDEX 9 qg 0 0 City of Newport Beach Planning Commission Minutes July 22, 1999 established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successorretain a qualified engineer specializing in noise /acousticsto monitor the sound generated by the restaurant use and to develop a set of corrective measures necessary in order to insure compliance. The sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 10. The Planning Commission may add to or modify conditions of approval . to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 0 11. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. 12. The existing unused drive approaches shall be removed and replaced with curb, gutter and sidewalk as needed along the West Coast Highway frontage. All work shall be completed under an encroachment permit issued by the California Department of Transportation. SUBJECT: `"� Froncoli Gourmet Emporia Item No. 4 " 1133 Newport Center Drive UP 3659 • Use PerrlmiitNo. 3659 Request to permit the expansion of privil ge bf- alcohol sales from a Type 41 Approved liquor license (beer and wine only) to a Type 47 liquor liCense"(full bar - on -sale general for bona fide public eating place) pursuant to Chapf'er+20,.89 of the Municipal Code. The alcoholic beverage outlet is in conjunction with -ar; 36 149 INDEX i CITY OF NEh . ORT BEACH o� COMMUNITY AND ECONOMIC DEVELOPMENT �= PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 6443250 Hea.ing Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION PROJECT: Jiffy Lube of Newport Beach (Arthur Bahar, Architect) 1520 West Coast Highway July 22, 1999 Marc Myers (949)644 -321Q PURPOSE OF APPLICATION: Request to permit an automobile maintenance facility which specializes in oil and filter changes and chassis lubrication only. The facility has three extended or tandem service bays capable of accommodating up to approximately 6 automobiles at one time and is located in the RSC District. The application also includes a request to waive sixteen of the required parking spaces. ACTION: Approve, modify or deny: • Use Permit No. 3647 At the Planning Commission meeting of July 8, 1999, the applicant requested a continuance for two . additional weeks due to the Commission absences. During the continuance, the applicant met with staff, the City's design consultant and a City Council member to discuss the redesigned site plan and other project design characteristics including the design of the porchloutdoor waiting area at the front of the building, the materials and colors of the exterior fagade of the building, landscaping, and signage. At the suggestion of the City's design consultant, the applicant has revised the front entrance to the building by pulling back the exterior fagade of the first floor level. This change creates a larger exterior waiting area and reduces the mass of the front fagade to create a more "human" scale consistent with the design goals for Mariner's Mile. The footprint of the proposed building remains the same. Because of concerns about the visual impacts of the proposed use on Mariner's Mile, colors and materials for the project also were discussed. The applicant will provide a board showing the colors and materials discussed with the City's design consultant for the Commission's consideration at the meeting. Upon further review of the revised site and landscape plans, the City's design consultant recommended a choice of two trees for the remaining landscape area adjacent to the eastern access point to the site. Both of the tree types are suggested because their greater canopy size can provide more screening of the service bays from Coast Highway than the-Mexican Fan Palms that were previously shown. The palms are still recommended on the Coast Highway frontage to contribute to the continuity of landscaping along Mariner's Mile. 5_0 If the Planning Commission concurs with the recommendations on colors and materials and landscaping, staff has suggested additional findings language to reflect the importance of these materials in finding that the proposed use will not be detrimental to properties in the vicinity or the general welfare. We also have suggested conditions of approval requiring consistency with the colors and materials approved by the Commission, and requiring installation of trees, including the types, minimum size, and specific location as indicated on the revised landscape plan. Staff and the City's design consultant also discussed proposed signage with the applicant. Although plans for specific signs have not been prepared, the location of signs was discussed. The applicant indicated that one wall sign on each of the side elevations in conjunction with a ground sign located at the eastern most entrance in the landscape area would provide adequate exposure for the business. The applicant also expressed their willingness to utilize signage consistent with the Mariner's Mile design goals. Because the specific types of signs were not available for evaluation by staff, a condition of approval has been suggested which limits the number and location of the proposed signage to that discussed with the applicant and leaves the final approval of the sign types to the Planning Director. Should the Planning Commission wish to approve the use permit, the findings and conditions set forth in Exhibit "All the staff report dated June 24, 1999, and the additional conditions included in the supplemental report to the Planning Commission dated July 8, 1999 are suggested, along with the following additional findings and conditions. Findings: 3. • The site design eliminates a curb cut along West Coast Highway • Landscaping is provided consistent with the Mariner's Mile design goals, and sufficient to screen views of the service bays from Coast Highway • The building is designed with a limited mass to the front fagade, and with colors and materials that reflect the quality of development the City seeks for Mariner's Mile • The internal drive aisle will facilitate internal circulation from one side of the building to the other without having to drive through the building or out onto West Coast Highway Conditions: 20. The proposed building, including the materials and colors comprising the exterior walls, facade, and roof treatment, shall be consistent with the site plan and those materials and colors presented to and approved by the Planning Commission at its meeting of July 22, 1999. 21. The business shall be limited to a total of two wall mounted signs, located on the east and west elevations. Additionally, one ground sign shall be permitted. The final design, size, and location of the wall signs and the ground sign shall be subject to the approval of the Planning Director. Use Pemut No. 3647 Page 2' 51 22. A landscape and irrigation plan for the site shall be submitted to the Building Department in conjunction with plans for construction of the project and shall be approved by the Public Works and Planning Departments. Landscaping shall be provided in a combination of trees, low shrubs and ground cover consistent with the approved landscape plan and acceptable to the Planning Department, Public Works Department and General Services Department. Additionally, the eastern property line of the parking lot shall be appropriately landscaped with Rapheolepis Indica bushes and either Eucalyptus lehmannii or Ficus m. nitida trees to obscure the direct view of the service bays. Four, 24 -inch box trees spaced approximately 8 feet on center and the hedge with 15 gallon sized at 36 inched on center shall be provided in the landscape island along the eastern property line adjacent to the new parking area. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an inspection by the Code Enforcement Division to confirm installation of the landscaping specified by this condition of approval. The approved landscaping shall be installed in accordance with the approved plan and shall be permanently maintained in a clean and orderly fashion. Standard Condition: 12. The existing unused drive approaches shall be removed and replaced with curb, gutter and sidewalk as needed along the West Coast Highway frontage. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 11 Submitted by: Prepared by: SHARON Z. WOOD MARC W. MYERS Ass. t City Manager Associate Planner Attachments: R v' ed Site Plan, Floor Plan and Landscape N Use Permit No. 3647 PagezllS 2 "RECEIVED AFTER AGENDA PRINTED: "�9 S -q-qg �ECL- I • '99 AUG -9 All :59 OFFICE OF T: +E CITY CLERK CITY 9F HEWPORT BEACH