Loading...
HomeMy WebLinkAbout2111 BRISTOL ST_DEL TACO11111 lill 111111111111111111111111111111111 *NEW FILE* Telephone: (7141 644-3200 By:Genia Garcia, Associate Planner _COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Plan Check No: 9 [-7 By. hristy Teacue Associate Planner By:Marc Myers, Associate Planner By: Date: (o-13-G1s Address: 'ZI ( EKJ-5,4_01 AnIe* Districting Map No. Land Use Element.Page No. 1� Corrections Required: R-xY-Ce-j 2 learcc( "Af5q-.4f Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size l PQ x,�_4 c l '14 Zone . _ Proposed Use �'l -r c�o Ad VI Recuired Setbacks / Front 0 " D i Rear Right Side Left Side !J FAR WORKSHEET, Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res Pkc Square footage permitted: Comm res okc sq.ft. , [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res pkc-' Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E) sq.ft. PROPOSED FAR- [ F + site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: , FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H 1 sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 / sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. L' L 1 Z )1✓1�'i�G ✓1 �PF Required Parking (� 7 Proposed parking (Indicate number of stalls provided) Total On -Site Parking '+I Standard Compact 'Q In -lieu Parking r11 TDimension building height as measured from natural g ads to v age an maximum roof height' - I fP.�> 1N �tl2G{ �j IUD -)"b (�4 Sh ovo ;/gtn,Ye61 190.rk 1� 5 �ace.5 i n GkK z, !'iC i Via, lao e .0a-1 Si• _ Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. Indicate location of trash containers on site plan. _ � Number of Stories Floor Plan fully dimensioned showing all roan uses. Plot Plan fully dimensioned showing 1 c#Wn of all buildings, fences, etc. in relation to the property line.. (1,W I Fair Share contribution / n A 7u�R 7A IP6. � ni /A P San Joaquin Hills Transportatio Corridor Fee 70✓ e— � SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached= excerpt of minutiae and list of findings and conditions into the blueiine drawings approval letter into the bluelins drawings Modifications Committee$ Indicate Approval NO. on Hluslines Modification required £or Plannino Commission/Gifu council-/ �� PP Vu Permits No. is f. t 6 A ,rOYeG( Variances No. Resubdivision/Tract: No, Site Plan Reviewt No. Amendments No. other -- Public Workst Easement/Encroachment arm t Subdivision Enginger, �✓) .41eo5 5 j c� Traffic Engineer LV� �St�lS 'raj 4l `/ 0 Approval of Landscape Plans Hui$dinc Davartmentt Grading Engineer Parks Deoertmentt Approval of Landscape Plane coastal Develooment Permits: Approval In Concept (AIC) No. (Notes File 3 nets of planet site, floor, and *level Coastal Development Permit: No. Effective Datef Waiver/Exemptiont No. Effective dates NOTES it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644- 3200. FORMS\COMN-ZON.COR Rev. 2/94 D104- I fay gl7,g5 CONDITIONS OF APPROVAL USE PERMIT 1561 (AMENDED) Condition Department Action OP 1. Substantial Conformance Planning Plan Review g 2. Hours of Operation Planning Letter of Compliance 3. Pole sign location Traffic Plan Review /4. Patio fencing/landscape site distance Traffic Plan Review �5. Improvements Public Works Plan Review 6. 29 spaces + 12 drive stacking lane Planning Plan Review //. On -site parking,circulation review Traffic Plan Review /8. Vehicles do not block access driveways Traffic/Public Works Plan Review 9. Mech equip/trash screening Planning Hold on Final Code Enforcement Field Check 10. Parking spaces waived No action 11. Directional signs Planning Plan Review v/ 12. Handicapped spaces Building Plan Review R 13. No alcoholic beverages Planning Letter of Compliance Z 14. Landscaping maintained Planning Letter of Compliance f;{ 15. Employees park on -site Planning Letter of Compliance 17. Refuse washout to sewer Building Plan Review / 18. Grease interceptors required Building Plan Review y 19. Exhaust Fans Building Plan Review i 20.One batrhroom for each sex provided Building Plan Review 21. Use Permit 24 month expiration No action 22. P.C. add/modify conditions No action Planning Commission Meeting January 5, 1995 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1561 (Amended) (Public Hearing, Request to amend a previously approved use permit which permitted the establishment of a Del Taco, drive through and takeout restaurant on property located in the C-1-H District. The proposed amendment involves: the retention of an as -built outdoor patio dining area; the extension of the -as -built outdoor patio so as to be 10 feet closer to Bristol Street; and the construction of a 10 foot addition across the front of the existing building, which will be used as additional interior seating. The proposal also includes: an addition to the rear of the building which will be used for additional storage space; the relocation of an existing trash storage area; and a request to waive a portion of the additional required off-street parking. LOCATION: Parcel 2 of Parcel Map 59-4 (Resubdivision No. 414) located at 2101 Bristol Street, on the southerly side of Bristol Street, between Irvine Avenue and Birch Street, adjacent to the Santa Ana Heights area. ZONE: � C-1-11 APPLICANT: Del Taco, Inc., Orange OWNERS: Mr. and Mrs. Llewellyn B. Copp, Newport Beach Application The applicant requests to permit the retention of an as -built outdoor patio dining area, the expansion of the -as -built outdoor patio extending 10 feet closer to Bristol Street and construction of a 10 foot addition across the front of the existing building, which will be used as additional interior seating. The proposal also includes: an addition to the rear of the building which will be used for additional storage space; the relocation of an existing trash storage area; and a request to waive a portion of the additional off-street parking. In accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants are permitted in the C-1-H District, subject to the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Newport Beach Municipal Code. TO: Planning Commission - 2. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1(Existing Facilities). MWITIM1 The subject property is currently occupied by a Del Taco take-out, drive -through restaurant and related parking. To the northeast across Bristol Street is the Corona del Mar Freeway; to the east are commercial uses; to the south is an abandoned residential structure and a commercial use; and to the west is a Chevron Service Station. At its meeting of October 21, 1971, the Planning Commission unanimously approved Use Permit No. 1561 which established the existing Del Taco Restaurant operation. The approved plans showed no outdoor patio dining; therefore, none was allowed. Twenty-three parking spaces were provided on -site, in addition to 8 automobiles spaces in the drive - through stacking lane. The hours of operation were not specifically limited. It should also be noted that the Planning Commission also required an access drive across the front of the property (the plot plan was revised to incorporate this change and a portion of the plan is attached for the Commission's information), which was to allow patrons to park in the parking lot after receiving their food. An excerpt of the minutes of that meeting is attached for the Commission's information. At its meeting of November 15, 1973, the Planning Commission approved Use Permit No. 1561 (Amended) and Resubdivision No. 414, which permitted the expansion of the off-street parking facilities by the addition of a portion of an adjoining parcel of land to the subject property. The application also included the extension of the drive -through stacking lane from 8 spaces to 12 spaces. In conjunction with this approval, 27 parking spaces were provided on site (in addition to the automobiles in the stacking lane), resulting in a surplus of 3 parking spaces (39 provided - 36 required = 3 surplus spaces). No outdoor patio dining was included in the application; therefore none was allowed. A condition of approval of the resubdivision also required that a vehicular easement for ingress and egress across Parcel No. 1 (formerly occupied by a duplex, currently vacant) for the benefit of Parcel No. 2 (Del Taco site) for access to Irvine Avenue be provided as long as the use on Parcel No. 2 continues (see attached Vehicular Easement Plan). An excerpt of the Planning Commission minutes of that meeting is also attached for the Commission's information. At its meeting of July 8, 1982, the Planning Commission approved Use Permit No. 1561 (Amended), a request to permit the construction of a storage room to the subject take-out restaurant. The parking analysis indicated that the applicant would restripe the parking lot TO: Planning Commission - 3. so as to provide 29 offstreet parking spaces. This approval was never implemented and has subsequently expired. Analysis The applicant proposes the retention of the as -built outdoor patio dining area, the expansion of the as -built outdoor patio extending 10 feet closer to Bristol Street and construction of a 10 foot addition across the front of the existing building (280 sq.ft.), which will be used for additional interior seating. The proposal also includes: an addition to the rear of the building (280 sq.ft.) which will be used for additional storage space; the relocation of an existing trash storage area; and a request to waive a portion of the additional off-street parking. The entry way into the facility will also be reconfigured and a new entrance will be added to the southeasterly side of the building facing the parking lot and drive -through. The facility currently maintains a 24 hour operation. The applicant's representative has indicated that the dining room is open the same hours as the drive -through window, and that no changes to the hours of operation are contemplated at this time. The applicant has also indicated that a maximum of 10 employees will be present during peak hours of operation. (see attached letter from the applicant) Staff has three major concerns with the proposed application: the increase in the number of seats, the loss of the access drive from the drive -through lane to the on -site parking lot, and the continued traffic congestion at peak hours with cars stacking out onto the Bristol Street right-of-way. Area Devoted to Dining and Outdoor Dinin The architect for the applicant indicates that the proposed changes will result in a reduction in the overall number of 74 existing seats (based on 34 interior seats and 40 exterior seats). However, as indicated previously, no outdoor dining was ever approved in conjunction with this establishment and therefore, the number of seats is increasing from within an approved 446 sq.ft. interior dining room and 34 approved seats, to a total area of 1,200 sq.ft. and 69 seats (45 interior and 34 exterior). If this application is approved, staff is of the opinion that the on -site parking demand will increase and cannot be adequately accommodated by the on -site parking lot. On December 20, 1994 between 12:00 Noon and 1:10 p.m., staff visited the site to observe the parking situation and the drive -through activity. It was evident that a majority of the patrons entering the property used the drive -through, and a majority of the persons who parked and walked up were not usually eating their food on site, but did so in response to the drive -through lane overflowing onto Bristol Street. Only three on -site parking spaces remained vacant during the peak lunch time operation. TO: Planning Commission - 4. if - Section 20.30.035 B of the Municipal Code requires one parking space for each employee on duty during peak hours and one parking space for each 50 square feet of gross floor area within a take-out restaurant facility unless modified or waived by the Planning Commission in accordance with Section 20.72.130 of the Municipal Code. Based on an expanded gross floor area of 2,266 square feet (1,230* sq.ft. + 280t sq.ft. storage addition + 280t sq.ft enclosed dining addition + 476± sq.ft. outdoor dining = 2,266 sq.ft.) and a maximum of 10 employees on duty during peak hours, a total of 56 parking spaces would be required (2,266± sq.ft. _ 50 = 45.3 or 46 spaces + 10 based on employees = 56 spaces). Thus, based on the above requirements, the parking deficiency is 15 parking spaces (56 required - 29 provided -12 provided in the drive through lane = 15 ), over and above what is currently provided on -site for the take-out facility. The applicant is requesting that this portion of the required parking be waived. Staff is of the opinion that a waiver of any additional parking would not be appropriate in this case, inasmuch as the facility attracts people who are visiting, working or living in the area and who are commuting along Bristol Street and Irvine Avenue. -ste_t;ircuianon ano vehicular Public Works Department aerial photographs of the subject property taken in May and September 1989, show that outdoor patio dining was apparently provided in the form of 3 tables with 2 seats each, though no formal amendment to the use permit was approved, The vehicular drive extended from the front of the drive -through exit across the property toward the on -site parking lot. Subsequent to the taking of the aerial photographs, additional tables and chairs at the front of the subject property have been introduced, thereby, eliminating the vehicular drive across the property, without the benefit of an amendment to the use permit. The combination of the former access drive former access drive and the ingress and egress easement across Parcel No. 1 for the benefit of Parcel No. 2 (Del Taco site), provided the patrons an option of exiting either onto Bristol Street or onto Irvine Avenue. Under current conditions, patrons utilizing the drive -through can only turn right onto Bristol Street and no longer have the option of exiting onto Irvine Avenue. Staff is of the opinion that the front access drive across the property should be required to provide the exiting option required by the previous use permit approvals and would also allow patrons to circle around the facility waiting for a parking space. Should the Planning Commission agree with staff and require that the access drive be provided from the drive - through lane to the on -site parking, the following substitute finding and condition of approval should be incorporated into the attached Exhibit "A": TO: Planning Commission - 5. Substitute Finding_ 5. That adequate provision for traffic circulation is being made for the drive-in and take-out restaurant facility, but will be greatly improved with a drive access from the drive -through lane to the on -site parking lot. Substitute Condition: That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. A drive access shall be provided from the drive -through lane to the on -site parking lot. It should be noted that the replacement of this drive access will require that the area devoted to outdoor dining be reduced, which will in turn affect the total parking requirement and the number of parking spaces to be waived, as discussed previously. If it is the desire of the Planning Commission to require the subject access drive, staff is of the opinion that this item should be continued to the Planning Commission meeting of February 9, 1995, so as to allow the applicant additional time to resubmit a new design of the on -site circulation and the outdoor dining area. Traffic Congestion As shown on the attached plans, the applicant is proposing to maintain two drive aprons which serve the existing facility. Staff is concerned that delays in filling orders for the drive - through traffic may cause congestion which may impact traffic flow on Bristol Street. Staff has therefore included a condition of approval regarding back-ups in servicing the drive - through (the same as imposed by the City on the proposed Taco Bell Restaurant located on West Coast Highway), requiring monitoring of the drive -through operation by the on -site representatives that will direct vehicles to by-pass the drive -through should a back-up occur affecting vehicular circulation. As mentioned previously, not all patrons who park their vehicles eat on premises. However, it should be noted that the interior dining room does fill up rather quickly and then the outdoor dining area begins to fill. The applicant in his attached letter has indicated that in conjunction with this remodel, an extensive remodel of the kitchen and food preparation facilities will be improved in order to expedite the drive - through demand. Staff is skeptical that any kitchen or food preparation area improvements will eliminate the backing up of the drive -through lane or the current demand for the on -site parking. Hours of Operation The current hours of operation do not pose a problem with regard to noise, inasmuch as the airport noise is louder and there are no residential uses in the proximity which will be directly affected by the facility. TO: Planning Commission - 6. The applicant proposes to relocate the existing trash enclosure in order to provide additional parking as well as handicap parking spaces on site. Staff has no objection with the relocation so long as the placement does not affect circulation or visibility. The applicant is proposing to reconstruct the existing wall signage and incorporate two wall signs into the new proposed tower facade structures shown on the attached elevations. The existing pole sign will also be relocated to the southwesterly corner of the property. The City Traffic Engineer has indicated no problem with the relocation of the pole sign as long as adequate sight distance is maintained. Waiver of Development Standards Chapter 20.72 of the Municipal Code contains development standards for take-out restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for take-out restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they only apply to a portion of the required parking should be waived if the Planning Commission approves this application because of the existing physical characteristics of the site. Specific Findings Section 20.80.060 of the 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. Should the Planning Commission wish to approve this application as proposed by the applicant, appropriate findings and conditions are set forth in Exhibit "A". Should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit "13" are provided. TO: Planning Commission - 7. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By , Leir E Javier S. Garcia yRL- Senior Planner JAY-c\uP\xesr\TAxeou'i-\uP1561A.sR Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of Planning Commission Minutes dated October 21, 1971 Partial Plot Plan of the Original Use Permit No. 1561 Excerpt of Planning Commission Minutes dated November 15, 1973 TO: Planning Commission - 8. EXHIBIT "A° FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1561 (AMENDED) F'n ' 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. That the waiver of the take-out restaurant development standards as they relate to a portion of the required parking (15 parking spaces) will be of no further detriment to adjacent properties inasmuch as the drive-in and take-out restaurant is an existing development which is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site. 3. That the design of the proposed improvements will not conflict with any ease- ments acquired by the public at large for access through or use of property within the proposed development. 4. That public improvements may be required of a developer per Section 20,80.060 of the Municipal Code. 5. Adequate provision for traffic circulation is being made for the drive-in and take- out restaurant facility. 6. The approval of Use Permit No. 1561 (Amended) will not, under the circumstances of this 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. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plans, elevations and sign plans, except as noted below. 2. That the proposed facility shall be permitted to operate 24 hours daily. The outdoor dining area shall be monitored for noise and, if necessary, the hours of its use shall be curtailed to an earlier closing hour. 3. That the proposed relocation of the pole sign at the southeasterly corner of the property be positioned so that sight distance is maintained in accordance with the City's sight distance standard 110-L. TO: Planning Commission - 9. 4. That the proposed patio fencing and landscape planter shall be revised to provide sight distance at Bristol Street and the private drives in conformance with City Standard No. 110-L. Landscaping, walls and other obstructions shall be considered in the sight distance requirements. Walls and landscaping within the sight line shall not exceed 24 inches in height measured above the pavement. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That a minimum of 29 off-street parking spaces (plus an additional 12 spaces in the drive -up stacking lane) shall be provided at all times. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 8. That the drive -through facility shall be operated in such a manner that vehicles will not be allowed to block access driveways. This shall be monitored at all times by the applicants' representatives at the site. An employee with a remote order unit shall be used during peak hours of operation to expedite the orders so there will not be back-ups in the stacking lane onto Bristol Street. If back-ups occur, the incoming customers shall be directed to bypass the drive -through facility. If a traffic congestion problem occurs on Bristol Street related to the drive -through facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 9. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 10. That the development standards pertaining to a portion of the required parking spaces (15 spaces) for the take-out restaurant shall be waived. 11. That any new directional signs shall not exceed 6 sq.ft. and shall not include the restaurant name or logo. 12. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. TO: Planning Commission - 10. 13. That the service of any alcoholic beverages in the take-out restaurant facility is prohibited unless an amended use permit is approved by the City. 14. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 15. That all employees shall park their vehicles on -site. 16. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 17. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 18. That grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 19. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 20. That one bathroom for each sex shall be provided and shall be made readily available to patrons of the facility during all hours of operation. 21. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090.A of the Newport Beach Municipal Code. 22. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council 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. TO: Planning Commission - 11. EXHIBIT 'B" FINDINGS FOR DENIAL OF USE PERMIT NO. 1561 (AMENDED) Findings: 1. That the subject property does not provide adequate on -site parking to accommodate the proposed expansion of the interior dining area of the take-out restaurant use nor the retention of the outdoor dining area. 2. That the existing lunch hour problems associated with the drive -through traffic backing up onto Bristol Street, does not justify an intensification of the on -site interior dining area and will intensify the traffic ingress and egress problems. 3. The approval of Use Permit No. 1561 (Amended) will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. VICINITY MAP USE PERMIT NO. /SC0 / �A m ovv °) k -, COMMISSLa NERS Ny co CITY OF NEWPORT BEj-,ZH October 21, 1971 MINUTES INDEX otion Se d All X X There being no additional comments to the staff. report, Planning Commission approved the request for Use Permit No. 1559. Item 15. Request to permit a.2-bedroom apartment to be constructed over an existing building in a C-1 tri ct. USE MMIT NUT.73'60 Locatio - Lot 12, Block 3, Balboa Bayside Tract, located at 301 Palm Street on the westerly side of Palm Street b ween East Bay Avenue and Edge- wate Place. CONTINUE TO NUV. 18 Zone: C-1 Applicant: Bob Teller Enter ises, Balboa Owner: Same as applicant Motion X Robert Teller appeared before the Planning mis- sion and following comments relative to this application, requested that the matter, -;be continu to November 180 1971. The request was granted as Second X requested. All Ayes Commissioner Adkinson stepped down during the discussion on the following item inasmuch as he participated in negotiation,of the lease. * * * * * * * * Item 16. Request to permit a "Del Taco" drive-in/take-out restaurant in a C-1 District. USE TEMIT A6_._175.61 Location: Portion of Lot 81, Tract 706, located at•2101 Bristol Street APPROVED on the south side of Bristol Street between Irvine Avenue and Birch Street. Zone: C-1 Applicant: J.E.E.M. Investment Co., Corona Owner: William J. Cagney, Newport Beach In addition to the staff's report and recommenda— tion, Zoning Administrator Laycock presented COMMISSIONERS ay m knit cai_i as CITY OF NEWPORT BbNCH October 21, 1971 MINUTES INDEX additional information regarding required parking and a revised plot plan which was submitted October 20, 1971. David Jameson, one of the partners of J.E.E.M. Investments appeared before the Planning Commissio and answered questions regarding this request. Motion X Following discussion, Use Permit No. 1561 was Second X approved as modified by the new plot plan submitte Ayes X X X XX subject to the following conditions: Abstain X X 1. That the development be according to the approved plot plan, except for minor modifica- tions approved by the Community Development Department. 2. Curb and sidewalk shall be completed to the satisfaction of the Department of Public Works w w w w w Commissioner Adkinson returned to the dais. w wwwww * w ADDITIONAL BUSINESS request by Donald J. Scholz & Company to tall a temporary sign and that same be illumin- ate as presented and discussed by the Planning Commis 'on. Motion X Following cussion, the request for installation Second X of a sign by ald J. Scholz & Company in connec- Ayes XX X X tion with the Ve ailles project was granted, Noes X said sign to be 20 q, ft. in size, same to be Abstain illuminated until 10: O,P,M. The request was granted for a period of'one year and any request for an extension shall be referred to the Modifica tions Committee for action. w w w w w w w w \ Motion X Commissioner Adkinson requested to be excused from Second the Planning Commission meeting of November.l8, All Ayes 1971. Planning Commission granted his request, w w wwwww w 0 Bg i5roL S-rrziezr AIND ARM" Access i prive :57 M MR-1, IN INMI lz i COMMISSIONERS CITY q�,xx�pT -ROLL CALL November Motion All Ayes OF NEWPORT MACH MINUTES 15. 1473 INDEX Item C-2 USE Request to amend a previously approved use permit for the "Del Taco" drive-in/take-out restaurant so PERMIT as to expand the existing offstreet parking area 1561 and to add a new freestanding, double-faced "menu" TWNDED' sign in the C-1-H District. APPROVED ` Location: Portion of Parcel 1 and Parcel 2 CONDI— of Parcel Map 42-14 (Resubdivision TT6NAt`LY No. 321) located at 2101 Bristol Street, on the southwesterly side of Bristol Street between Irvine Avenue and Birch Street, adjacent t the unincorporated territory of "Santa Ana Heights". Zone: C-1-H Applicant: William J. Cagney, Newport Beach Owner: Same as Applicant Planning Commission discussed traffic on Bristol Street and left turns into the property. Staff recommended that the Planning Commission refer the matter to the Traffic Affairs Committee for study. David Jamison, 424 Angelita, Corona del Mar, President of Del Taco, appeared before the Plan- ning Commission to answer questions and requested clarification of Condition No. 2 pertaining to construction of a masonry wall. There being no others desiring to appear and be heard, the public hearing was closed. X Pollowing discussion relative to the traffic problems on Bristol Street, motion was made to 1561, subject toetheefollowing conditions:No. 1. That development be in substantial conformance with the approved plot plan. 2. That a six foot high masonry wall be constructed around the outer perimeter of the expanded parking area except for a twenty foot wide area to allow for a fifteen foot wide egress easement to Irvine Avenue. Paoa 14. ��. COMMISSIONERS CITY OF NEWPORT BEACH fi m a,,,, November November 15, 1973 MINUTES INDEX 3. That the new parking area shall be paved with asphalt, concrete, or other street surfacing material of a permanent nature, and the park- ing spaces shall be marked with approved traffic markers or painted white lines not less than four inches wide. 4. That landscaping shall be installed in sub- stantial conformance with the landscape plan, and the landscaping shall be permanently maintained. 5. That a resubdivision be approved and a parcel, map be filed. Planning Commission also requested that the staff refer the matter of traffic problems as discussed• earlier to the Trafffb'Affairs Committee for revie and that a report be made back to the Planning Commission at their meeting of December 20, 1973. Item C-3 Request to realign the common property line betwee RESUB- two existing parcels. DIVISION N K_� Location: Parcels 1 and 2, Parcel Map 42-14 (Resubdivision No. 321) located at APPROVED 2101 Bristol Street, on the south- CON T- — westerly side of Bristol Street TTI NALLY between Irvine Avenue and Birch Street, adjacent to the unincorp- orated territory of "Santa Ana Heig is". Zone: C-1-H Applicant: Wi iam J. Cagney, Newport Beach Owner: Same a pplicant Engineer: Donald E. S vens, Inc., Costa Mesa David Jamison, representative o the applicant, concured with the staff report an onditions recommended. Planning Commission discussed the matter an easement over Parcel 1 in order to provide a ess to Irvine Avenue. lotion X Following discussion, motion was made to approve 1 1 �11 Ayes Resubdivision No. 414 subject to the following COMMISSIONER$ CITY OF NEWPORT BEACH � C `ry O,,M„ % "lz „" r.:•vemL+c,r 15, 1973 MINUTES , 1 1, That :he new parking area shall be pavrd with �. asphalt, concrete, or other street surfacing material of a permanent nature, and th- park- ing spaces shall be marked with approved traffi markers or painted white lines not less than r inches wide, 14. That lan aping shall be installed in sub- stantial co rmance with the landscape plan, and the landsca ' g shall be permanently maintained. I!I 1 I5. lhat a resubdivision be a oved and a parcel 1 map be filed. .PIinn in., Cniri.iiccinn elsn r•poupsted that • staff r a V Motion All Ayesj refer the matter of traffic problems as �iis---tresed earlier to the traffic Affairs Committee for rev-. an,.l that a report be made hack to the Planning 'Commi.,.ion at their meetinrl of December 20, 1973. Request to realign the common property line betweerj two existing parcels. location: Parcels 1 and 2, Parcel Map 42-14 (Resubdivision No, 321) located at 2101 Bristol Street, on the south- westerly, side of Bristol Street between•Irvirne Avenue and Dirch Street, adjacent to the unincorp- orated territory of "Santa Ana Heigi rZone: C-1-H iAjpIicdnt: William J. Cagney, Newport Beach lOwner: Same as Applicant [±,CLIneer: Donald E. Stevens, Inc., Coata Mesa David Jamison representative of the applicant, concurrd with the staff report and conditions •recommended. Planning Comm-ssiondisicussedthe matter of an easement over Parcel 11in order to provide access to Irvine Avenue. t Following discussion, rgotion was made co approve Resubdivision No. 414 smbJect to the following Sub- Y I S I'?'+ t s " Ltl Page 1 r- COMMISSIONERS CITY OF NEWPORT BEACH 1 G, n\i^ m p O1m �•% A 1 ALL 1 \ 1� 1t� November 15, 1973 Motion All Ayes conditions: 1. That a parcel map be filed. 2 b MINUTES That an easement across Parcel 1 to Irvine Avenue in favor of Parcel 2 be provided as long as the existing ,use on Parcel 2 remains inexistence. .Request to establish a School of the Arts (i.e., dance, music, ar•t, and drawa) in the C-1 District. Location: Lot 2, a portion of Lot 10 and a _ portion of a vacated alley, located at 2411 East Coast Highway on the south side of East Coast Highway between Begonia Avenue and Carnatfo ' Avenue in Corona del Mar. Z e: C-1 nt Owner: \ Planning Com s for the vartou c,tan:es which 1 Mitchell R. Teemley, Buena Pork,, Dr. Jay H. Needler, Corona do Mar Sion discussed the required Par4ing �uses of the building and circum- en to the lack of parking. I tem C - , Public hearing was opened in connection with n s 1 matter. i Mitchell Teemley, applicah- appeared before th, Planning Commission to �nsw questions and pre- I Isented the Commission wjth a pared statement i !relative to the parking. I'c st ted that thr! lmajority of students would be chi drl. ant the Ischoo; intends to provide bus se lce which Iwould eliminate the need for a great •deal of park- ing. �� jThere being no others desiring to appear an,0 he i'heard, the public hearing was closed. irollowinlg discussion whic'r included providing u bus service and requiring off -site parking shod ulld subject e bus service prove unsatisfactory, motion was de to approve Use Permit Application No. 1702 to the following conditions: SE Page 16, 1 n ` .K coRoNA ? -prL MAR FR&EW!'� P 3CI$?ECT PROPERTY N 1� V6MICUi.AR VASEMENT To JNVINI-� AVF-Nue- r -i- ORANGE COWY 0 It ✓A<l u . a G AF�SA op AVV..14) ier ro It DISTRICTING -MAP. -CITY-OIr - NEWPORT-- BE :=AOMd. WAIN *WM" DOM" 0•N—NOOMOMMA00 OOrN"O" 01OTNIOT Y�1 MAINIIAOTVNMN Bill*.i •�rw • ware r N�Tw�ET 9.0 �1 1 LM MO OOYYLitOIAI- • 11M.TM6t K*00TnK MttIOOT r'M kkTpkLn n 0 GREGORY SIMONOFF ARCHITECTS December 28, 1994 Mr. Javier Garcia Senior Planner Newport Beach Planning Department 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658-8915 re: Del Taco #1.4, Newport Beach, California Dear Jay, Per our telephone conversation of today, this letter will provide a more detailed explanation of Del Taco's intended remodel of the above mentioned store. .i- �pM First of all, the intended purpose of the remodel is to provide more interior seating and less patio seating. Currently, the store seats thirty-four people inside and forty people on the outside for a total of seventy-four seats available. The remodel will change this to approximately forty-five seats in the dining room and twenty-four seats for the patio for a total of sixty-nine seats. This will cause a reduction of five seats for on -site dining. The second purpose of this remodel is to modify the kitchen. Currently, traffic backs out onto Bristol during peak operating hours, causing a serious safety concern for the City as well as for Del Taco. The manager has told us that he can not make the product fast enough in order to get people through the drive-thru. During the remodel, we intend to add a "double -sided" taco bar. This will allow the product to be made much faster, thereby allowing the cars to go through the drive-thru much more quickly. The third purpose of the remodel is to improve the appearance of the building. This is one of the earliest Del Taco buildings ever built and it is starting to show its age. This remodel will allow the buildings appearance to be improved, making it a better asset to the City of Newport Beach in addition to the Del Taco chain. Additionally, this remodel will be used to show franchise operators what the new Del Taco look is and show them what they can look forward to. The store is currently a twenty-four hour operation and Del Taco does not foresee changing the stores hours in the future. The drive-thru and dining room are both open during the stores operating hours. The manager, who has been at this location since 1988, has informed me that since he has been there, the store has not been robbed. 20101 S. W. BIRCH STREET, SUITE 210 NEWPORT BLACH, CA 92660 - r4X 17l4i 261-1056 1-14, 7 iP- I W3 00 Mr. Jay Garcia Page 2 December 28,1994 Currently during peak operating times, the store has a maximum of ten employees on duty. After the remodel, it is not anticipated that the number of employees on duty will change. Thank you for your time and effort that you have put into processing this application. I look forward to working with you on this remodel and if I can be of any help whatsoever, please do not hesitate to call me. Sincerely, Kenneth K. Carrell Architect cc: Lull Pierquet, Del Taco Stan Albright, Del Taco COMMISSIONERS \vim Op%\ CITY OF NEWPORT BEACH January 5, 1995 ROLL INDEX CALL Ilse Permit No 1561 (Amended) (Public Hearinel Item No. 3 Request to amend a previously approved use permit which UP 1561A permitted the establishment of a Del Taco, drive through Approved and takeout restaurant on property located in the C-1-11 — District. The proposed amendment involves: the retention of an as -built outdoor patio dining area; the extension of the - as -built outdoor patio so as to be 10 feet closer to Bristol Street; and the construction of a 10 foot addition across the front of the existing building, which will be used as addition- al interior seating. The proposal also includes: an addition to the rear of the building which will be used for additional storage space; the relocation of an existing trash storage area; and a request to waive a portion of the additional required off-street parking. LOCATION: Parcel 2 of Parcel Map 59-4 (Resubdi- vision No. 414) located at 2101 Bristol Street, on the southerly side of Bristol Street, between Irvine Avenue and Birch Street, adjacent to the Santa Ana Heights area. ZONE: C-1-H APPLICANT: Del Taco, Inc., Orange OWNERS: Mr. and Mrs. Llewellyn B. Copp, New- port Beach Referring to the staff report and observations made by staff of the site operations, Commissioner Adams questioned whether or not high schools had been in session on the day of the observances. He opined that it had been his experi- ence when visiting the site, this operation received a fairly high number of high school students for lunch. Planning Director Hewicker stated that the observances made on December 20, might possibly have been during the school Holiday period. He opined that Corona del Mar High School was located approximately midway between the Del Taco site and some of the other fast-food restaurants on the -4- COMMISSIONERS dG, O�G'i,� d. CITY OF NEWPORT BEACH MINUTES January 5, 1995 w r J vV ROLL INDEX CALL Coast Highway. Much of the traffic comes from employees working in the Newport Place Planned Community and the Koll Center Planned Community office developments, which for a long time had a scarcity of restaurants. Responding to a question from Commissioner Ridgeway, Mr. Hewicker stated that there was an opening in the rear wall on the site which provides vehicular ingress and egress to Irvine Avenue. The public hearing was opened in connection with this item and Mr. Kenneth Carrell, project architect representing the applicant, appeared before the Planning Commission. Mr. Carrell stated he concurred with the findings and conditions in Exhibit "A." Mr. Carrell commented that there was no high school located in close proximity to the restaurant site, and the lunch traffic consists primarily of office employees. Replying to a question from Commissioner Adams, Mr. Carrell stated that the proposed remodel includes doubling the size of the food preparation area so as to allow for quicker preparation of the food product, and hence quicker service. There were no plans to increase the kitchen area nor the number of employees. Mr. Carrell stated that 85% of the business at this particular location is drive-thru business with customers exiting the site after receiving their order. Commissioner Ridgeway discussed with Mr. Carrell the ingress and egress provisions of the site. Commissioner Ridgeway stated the former front access drive, now eliminat- ed, had provided customers with an exiting option. Mr. Carrell stated he had observed the operation on several occasions, at different times of the day, and believed the right turn only onto Bristol Street did not constitute a major problem. In answer to a question posed by Commissioner Adams regarding traffic back-up on Bristol Street, Mr. Carrell said the operation currently has a person outside with a remote -5- COMMISSIONERS 4 d� 02r�rc�0,. Y� Mo Al CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL � O INDEX board taking orders at lunch time. He continued the biggest problem is not being able to get the food prepared fast enough. The proposed double -sided taco bar, allowing quicker foodpreparation, is expected to help eliminate the traffic back-up. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Adams voiced his concern that Del Taco had previously expanded its operation without benefit of permits. He stated his belief there could still be problems with traffic backing -up on Bristol Street. He felt, however, that the purpose of the proposed expansion was to improve the efficiency of the operation, and that conditioning the project with a requirement to maintain a remote order unit during peak hours, would help alleviate the back-ups. He stated he did not feel that the elimination of the pass -through lane resulted in a major change of the operational characteristics and would support the application. Commissioner Ridgeway stated his concern regarding the previous unapproved expansion of the outdoor patio area of Del Taco at this site. He commented he had visited the site on many occasions and did not feel the pass -through lane was a necessity as the persons who frequented the site appeared familiar with its operation. He commented that signage might be improved calling attention to the existence of the rear driveway. Commissioner Ridgeway stated he would support the application for expansion. Planning Director Hewicker informed the Commission that a sign exists on a side wall of an adjoining building that directs customers to the vehicular access easement to Irvine Avenue. Commissioner Pomeroy stated his support of the application. Motion was made and voted on to approve Use Permit No. tion 1 Ayes * 1561 (Amended) subject to the findings and conditions in Exhibit "A." MOTION CARRIED. -6- I COMMISSIONERS 9� Of. CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX Findings: 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. That the waiver of the take-out restaurant develop- ment standards as they relate to a portion of the required parking (15 parking spaces) will be of no further detriment to adjacent properties inasmuch as the drive-in and take-out restaurant is an existing development which is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site. 3. That 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. 4. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. Adequate provision for traffic circulation is being made for the drive-in and take-out restaurant facility. 6. The approval of Use Permit No. 1561(Amended) will not, under the circumstances of this case, be detri- mental 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. Conditions: 1. That development shall be in substantial conformance with the approved site plan, floor plans, elevations and sign plans, except as noted below. -7- i COMMISSIONERS MINUTES CITY OF NEWPORT BEACH January 5, 1995 ROLL CALL INDEX 2. That the proposed facility shall be permitted to operate 24 hours daily. The outdoor dining area shall be monitored for noise and, if necessary, the hours of its use shall be curtailed to an earlier closing hour. 3. That the proposed relocation of the pole sign at the southeasterly corner of the property be positioned so that sight distance is maintained in accordance with the City's sight distance standard 110-L. 4. That the proposed patio fencing and landscape planter shall be revised to provide sight distance at Bristol Street and the private drives in conformance with City Standard No: 110-L. Landscaping, walls and other obstructions shall be considered in the sight distance requirements. Walls and landscaping within the sight line shall not exceed 24 inches in height measured above the pavement. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That a minimum of 29 off-street parking spaces (plus an additional 12 spaces in the drive -up stacking lane) shall be provided at all times. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 8. That the drive -through facility shall be operated in such a manner that vehicles will not be allowed to block access driveways. This shall be monitored at all times by the applicants' representatives at the site. An employee with a remote order unit shall be used during peak hours of operation to expedite the orders so there will not be back-ups in the stacking lane onto Bristol Street. If back-ups occur, the incoming customers shall be directed to bypass the drive- -8- COMMISSIONERS 4 0,0�'r,{�d. 0 o s CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX through facility. If a traffic congestion problem occurs on Bristol Street related to the drive -through facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit. 9. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 10. That the development standards pertaining to a portion of the required parking spaces (15 spaces) for the take-out restaurant shall be waived. 11. That any new directional signs shall not exceed 6 sq.ft. and shall not include the restaurant name or logo. 12. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 13. That the service of any alcoholic beverages in the take-out restaurant facility is prohibited unless an amended use permit is approved by the City. 14. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 15. That all employees shall park their vehicles on -site. 16. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. -9- COMMISSIONERS � CITY OF NEWPORT BEACH MINUTES January 5, 1995 ROLL CALL INDEX 17. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Depart- ment. 18. That grease interceptors shall be provided on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Depart- ment. 19. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 20. That one bathroom for each sex shall be provided and shall be made readily available to patrons of the facility during all hours of operation. 21. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090.A of the Newport Beach Municipal Code. 22. That the Planning Commission may add or modify conditions of approval to this use permit, or recom- mend to the City Council 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. -10- To: Building Department D04 5V",Y 1 If In Activity: In Plan Check:_ ' 9 From: Planning Department 6kYT641-7?Ac,�d IA C Active Bldg Permit: Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: Address 2-m 473rl-5�ai A-/2 . Plan Check No. i7--g5 Planning Department Comments PRIOR TO RELEASE Of Building Permit Final: [ ] Park Dedication Fee in the Amount of $ is DUE. [ ] Fairshare Fee in the Amount of $ [ ] S.J.H.T.C. Fee in the Amount of $ is DUE. is DUE. [ ] Coastal Commission Approval of Resubdivision Must Be Obtained. [ ] Parcel Map Recordation: Resubdivision No. Record date [ ] Use Permit Conditions of Approval: Use Permit No. Condition(s) No. [ ] After recordation of the map a building permit change must be processed with the Building and Planning Departments, PRIOR TO FINAL OF TIIE BUILDING PERMIT, to change the description of the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. Proof of payment of the above mentioned fees may be required at that -time if not collected at issuance of the original building or grading permits. YT [ ] Other: Units Demolished Units Built BY:aw�date Planning Depart ent CC: _Code Enforcement _Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90