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HomeMy WebLinkAbout4880 CAMPUS DR_CARL'S JRI IIIIIIII IIII III VIII IIIIIII IIIII VIIII IIII III IIII*NEW FILE* 4880 Campus Dr February 11, 1992 T0: ! goW, ,0KFfCr'A PLANNING DEPARTMENT FROM: TRAFFIC ENGINEER SUBJECT: FAIR SHARE FEES FOR CARL'S JR. RESTAURANT AND RETAIL STORE ON THE CORNER OF CAMPUS DRIVE AND VON KARMAN AVENUE The Fair Share Fee for the proposed Carl's Jr. Restaurant and retail store project is $58,302.25. This fee was calculated as shown below and is based upon the trip generation study performed by MGA as part of the Traffic Phasing Ordinance Study. The fee includes consideration of the existing restaurant on the site as well as a 30% reduction in trips to Carl's Jr. due to the capture of pass -by trips. Fee Calculation The daily trip generation rate for Carl's was obtained by factoring the ITE daily rate by the ratio of the Carl's AM trip rate to the ITE AM trip rate. Carl's ADT rate = 37.4/55.6 X 632 = 425 TE/KSF Carl's ADT = 4.2 X 425 = 1785 less 30% = 1250 Retail store ADT = 3.82 X 45 TE/KSF = 172 TOTAL PROPOSED TRIPS 1422 , Less Existing 917 TOTAL NEW TRIPS 505 FAIR SHARE FEE = 505 x $115.45 = $58,302.25 Please contact me if you have any questions regarding the fee. Richard M. Edmonston Traffic Engineer wp\frshrCRL.SJR Iltcltivl s L. PLANNING MEN 1TY OF NEWPORT 13EACH AN FEB 111 0 1992 718i911Ui111&11i2i3► 15 6 DATE ❑ MAYOR ❑ FIRE TO: ❑ COUNCIL ❑ GENERALSERV. ❑ MANAGER ❑ LIBRARY ❑ ASST. TO MGR. ❑ MARINE ❑ EXEC. ASST. ❑ PARKS & REC. ❑ ATTORNEY ❑ PERSONNEL ❑ BUILDING ❑ . PLANNING ❑ CITY CLERK ❑ POLICE ❑ DATA PROCESS. ❑ PUBLIC WORKS ❑ DUPLICATING ❑ PURCHASING ❑ FINANCE ❑ TRAFFIC ❑ BUSINESS LIC. ❑ UTILITIES FOR: 0 ACTION & DISPOSITION ❑ FILE ❑ INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: March 26, 1992 TO: GENIA GARCIA PLANNING DEPARTMENT FROM: TRAFFIC ENGINEER SUBJECT: FAIR SHARE FEES FOR CARL'S JR. RESTAURANT AND RETAIL STORE ON THE CORNER OF CAMPUS DRIVE AND VON KARMAN AVENUE THIS IS A REVISION TO MY EARLIER MEMO Based upon the attached letter from Carl's Jr. and a careful reading of the Fair Share Ordinance by this office and the City Attorney, no Fair Share Fees are due for this project. Please contact me if you have any questions regarding this memo. Richard M. Edmonston Traffic Engineer wp\frshrCRL.JR2 L1111NING OF_PARTtu,t., CITY OF NEWPORT SEAC�; AM MAR 21' 1992 7►89IDll12�28 ' h Property Development 222 South Harbor Boulevard • P.O. Box 4999 Anaheim, CA 92803 • (714) 491-4300 March 10, 1992 Mr. Richard Edmonston, P.E. CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, California 92659-1768 Re: CARM S JR. RESTAURANT 4880 Campus Drive Newport Beach, California CKE# 191-84 Dear Rich, Per our last conversation, I an committing to writing our analysis as it pertains to the City's "Fair Share Traffic Contribution" for our project at Campus'Drive and Von Harman Avenue. Needless to say we are in total disagreement to the city's reasoning and especially method of calculation. The current City of Newport Beach ordinance pertaining to the Fair Share Traffic Contribution as described in the Terms and Conditions, (D.) Land Use Category, defines our two phase project as 1) Restaurant and 2) Commercial. With respect to the Trip Generation Rate, the restaurant category is divided as follows: Conventional ... :.......... 75/1000 sf Take out..................40/1000 sf As Carl's Jr. offers conventional seating, take out and drive-thru capabilities, we reason an average of the two figures should be used, or: Carl's Jr. ... ....... .57.5/1000sf Yes, you have explained in the past that the two restaurant categories were meant to address Pother"types of restaurants more specific to beach use. Respectfully, this is your personal opinion, and not part of the ordinacce. Even using the more restrictive trip generation rate of 75/1000 sf, the 4188sf Carl's Jr.'s traffic generation rate is 314 total, not 1250 as you calculate. Any interpetation of the ordinance other than standard ..-AM wNI F should have been conveyed during the lengthy hearing pro- cess. Anything less is a disservice to the development community that supports your fair City. The Commercial Category is divided as follows: Regional Commercial ................45/1000 sf General Retail ...................40/1000 sf Boat Yards .. .. ..40/1000 sf ......... .. .. ... Based on your calculation sheet, the proposed 3822 sf retail building was calculated at the higher regional commercial rate. The intersection, general area and size of building cannot be imagined to be regional in nature. The correct traffic generation rate of 152.88 based on the general retail classification is truer to the ordinance. The existing building size compared to the proposed two- phase Carl's Jr. project is a virtual trade off,.Per your calculations, a 917 total traffic generation credit exists. As the general land use category does not change, why would any additional fees be required ? To summarize: Carl's Jr..........................314.10 Retail Bldg ........................152.88 Total Trips 466.98 or 467 Existing Credit 917 The MGA Traffic Study was to identify level of service analysis or'traffic impact to the surrounding area. As the traffic study showed, numbers cannot be taken from a manual. Any traffic generation figures would apply to the units surveyed only. This particular project must do its business at breakfast and lunch as the area virtually goes dark after normal office hours. Where a typical Carl's Jr. does 25-30% of its daily business after 6p.m., this unit must compensate for the limited use during evenings as well as weekends as the area is sparse to say the least. It is our opinion,that these two major factors are why this corner has not prospered in the past. It is Carl's Jr.'s goal to capitalize on the existing office foot traffic and the proximity of multi -story office buildings to make ends meet. As you know,the traffic impact was shown to be negligible. If overall traffic impact is negligible, how can the net trip generation rate be twice that of the existing use?. The total fee requested of $58,302-25 is a tremendous burden for us or any other user to bear, especially since a fee was levied against the original development and paid. Please don't believe that Carl's Jr. is a megacorporation with unlimited resources. Our initial site research with the City did uncover the existence of the Fair Share Traffic Contribution. We recieved a copy of the ordinance and we are following it at full face value. Now after the fact, the ordinance is being creatively interpreted to our loss. As you know, this project was before Planning Commission in November, 1991 and January, 1992. Not once during the application or approval process was the amount mentioned. It was presented in a very matter-of-fact way when picking up plan check corrections. We have paid in excess of $11,000.00 for traffic studies to verify NO traffic impact exists and now we're told our un"Fair Share" is $58,302.25 on a piece of developed unsuccessful property. A multi -million dollar decision was made based on an apparently vague printed City Ordinance. What else were we to rely on? In addition, repeated City visits and dialogue, TWO Planning Commission Hearings and absolutely no mention of the proposed fee. We cannot accept anything less than full exemption based on the existing credit on this property. Carl's Jr. and the City of Newport Beach will lose as this project now does not meet the financial parameters established at inception.I ask that you and all concerned consider the ultimate benefit of jobs, opportunity and revenue that will be generated by this project. If this issue can be resolved, the main beneficiary,the City of Newport Beach will collect far more than the amount in question. We're not asking for special treatment, we are stating that we meet the conditions of the Fair Share Traffic Ordinance as it now reads. I ask that full credit for the existing development be given and that you provide full permit clearance. Thank You. CARL KARCHER ENTERPRISES, INC. CA RU tenzo yes Site Development Manager cc: R. Celio Esq. D. Glenn G. Hubbard 0 Planning Commission. Meeting November 7. 1991 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A Traffic Study No 77 (G-)ntinued Public Hearingl Request to approve a Traffic Study so as to permit the construction of a 3,822± square foot (gross) retail building and a 4,200± square foot (gross) drive-in and take-out restaurant; and `the acceptance of an environmental document. I`` o B. Use Permit No 3424 (Continued Public Hearing) Request to permit the construction 6f a drive-in and take-out restaurant facility in conjunction with a proposed retail commercial -building on property located in the Retail and Service Site No. 1 of the Koll Center Newport Planned Community. The proposal also includes: a request to waive a portion of the •required off-street parking spaces; and to allow a portion of the required off-street parking spaces for the take-out restaurant to be provided within the proposed drive -through lane; a modification to the sign standards for the Koll Center Newport Planned Community. so as to allow one ground identification sign which exceeds 4 feet in height; a third wall identification logo; and two additional ground signs (menu signs) which contain 32± square feet each and also exceed 4 feet in height. LOCATION: Parcel 4 of Parcel Map 76-45 (Resubdivision No. 506), located at 4880 Campus Drive, on the southwesterly corner of Von Karman Avenue and Campus Drive, in Koll Center Newport. ZONE: P-C APPLICANT: Carl Karcher Ent. Inc., Anaheim OWNER: Elco Partners, Newport Beach TO: Planning Commission - 2. Applications The subject applications involve a request to permit the construction of a drive-in and take- out restaurant facility in conjunction with a proposed retail commercial building on property located in Retail and Service Site No. 1 of the Koll Center Newport Planned Community. The proposal also includes: a request to waive a portion of the required off-street parking; a request to allow a portion of the required off-street parking spaces for the take-out restaurant to be provided within the proposed drive -through lane; a modification to the sign standards for the Koll Center Newport Planned Community so as to allow one ground identification sign which exceeds 4 feet in height; a third wall identification logo; and two additional ground signs (menu signs) which contain 32± square feet each and also exceed 4 feet in height. In accordance with the provisions of the Koll Center Newport Planned Community, take-out restaurants are a permitted use in Retail and Service Commercial Site No. 1, subject to the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Newport Beach'Municipal Code. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code, and modification procedures are set forth in Chapter 20.81. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The proposed take-out restaurant _is . a permitted use within this designation, subject to approval of a use permit in each case. Subject Property and Surrounding Land Uses The subject property is currently developed with a full service restaurant and related panting lot which is shared by the subject property and the adjacent office building on the adjoining parcel southwesterly of the site. To the northeast, across Campus Drive, is the Koll Center Irvine Office Complex located in the City of Irvine; to the southeast, across Von Karman Avenue, is a multi -tenant office complex; and to the southwest, is a parking area for the neighboring office building. Background At its meeting of January 8, 1976, the Planning Commission approved Resubdivision No. 506, a request to create four parcels of land for commercial use. The subject property is one of the parcels of the approved parcel map. The resubdivision included, as a condition of approval, that a grant of easement for vehicular ingress, egress and parking for each of the parcels be recorded with the map. At its meeting of January 8,1976, the Planning Commission approved Use Permit No.1777, a request to establish a restaurant facility with on -sale alcoholic beverages on the subject TO: Planning Commission - 3. 0 property. This facility is to'be demolished in conjunction with this application and replaced by the proposed take-out restaurant facility and a retail building. At its meeting of October 24, 1991, the Planning Commission continued this matter to its meeting of November 7, 1991, pending the renoticing of the public hearing to include the waiver of a portion of the required off-street parking spaces. Environmental Sienificance This project has been reviewed, and a Negative Declaration has been prepared by the City of Newport Beach in connection with the application. The Negative Declaration states that the subject development will not result in any significant effect on the environment. For the Planning Commission's information, staff has attached a copy of the environmental document. Analysis The applicant is proposing to construct a take-out and drive -through restaurant facility on the subject property. Said facility will include a 4,200± square foot building (gross) which will contain approximately 142 seats in the customer service and seating area, and a banquet dining room which will be available for private meetings use in the mornings and evenings, generally during off-peak hours. No outdoor patio seating -area is proposed. The applicant has indicated that there will be approximately 8 employees on duty during peak hours of operation. The applicant has further indicated that the hours of operation for the facility will be from 6:00 a.m. to 12:00 midnight, Monday through Thursday, and from 7:00, a.m. to 1:00 a.m., Friday through Sunday (see attached letter from the applicant). Required Off -Street Parking The Municipal Code requires one parking space -for each employee on duty during peak hours of operation and one parking space for each 50 sq. ft. of gross floor area within the take-out restaurant facility (including the indoor banquet room), unless modified or waived by the Planning Commission. Based on the proposed 4,061± square feet of floor area (excluding exterior walls) and 8 employees, 90 parking spaces are required for the proposed take-out restaurant (4,061 sq. ft. _ 50 = 81.22, or 82 spaces + 8 for employees = 90 spaces). Nineteen (19) parking spaces are required for the proposed 3,690± sq. ft. (excluding exterior walls) retail building, based upon one parking space for each 200 sq. ft. of floor area (3,690 sq. ft. = 200 = 18.45 or 19 spaces). The total number of parking spaces required for the proposed project is 109 parking spaces. 4 TO: Planning Commission - 4. Proposed Off -Street Parking The applicant is proposing to provide 92 parking spaces in the surface parking lot and requesting credit for the 10 car stagking'in the drive.1through lane as satisfying a portion of the parking requirement for a total of 102 on -site parking spaces. The proposed credit for the automobiles in the stacking lane is consistent with similar requests approved by the Planning Commission for other take-out restaurants in the City. Said parking will include 98 standard size spaces (10 of which are located in the drive -up window stacking lane);, and 4 handicapped spaces. Based on these figures, the applicant is requesting that the remainder of the required off-street#parking (7 spaces) be waived. Drive -In and Outdoor Restaurant Development Standards Chapter 20.72 of the Newport Beach Municipal Code'was adopted in 1967 by the City in order to give the Planning Commission the opportunity to review any proposed take-out restaurant through the use permit procedure. Development.standards were established for take-out restaurants so as to insure that such facilities would be aesthetically compatible with adjoining properties and streets. Said development standards are set.forth in Chapter 20.72 of the Municipal Code and include specific requirements for building, setbacks, panting, traffic circulation, walls surrounding the take-out restaurant site, landscaping, parking lot illumination, signing, underground utilities •and,storage. Section 20.72.130 of the Municipal Code states that the Planning Commission shallhave the right to waive or modify any of the above mentioned development standards for take-out restaurants if such modification or waiver will achieve substantially the same results and will in no way be detrimental to adjacent properties or improvements than will the strict compliance with said conditions. The proposed development fully complies with the above development standards except as discussed in the following sections.' Waiver of Required Off -Street Parking As indicated in the previous parking analysis, the applicant is requesting to waive 7 of the required off-street parking spaces for the take-out restaurant. The applicant has based this request on the fact that the panting demand for the restaurant will be somewhat lower than normal inasmuch as a large amount of the customers will be walk-in customers from the surrounding offices in Koll Center Newport and Koll Center Irvine located across Campus Drive, and that the grant of easement. for the ingress egress and parking, as stated in the background section of this staff report, essentially establishes a reciprocal parking arrangement with the neighboring properties. Staff, concurs with the, applicant that the proximity of neighboring office complexes may account in fewer patrons driving to the facility and that the on -site parking and the existing reciprocal parking arrangement will adequately accommodate the parking demand of the site. i TO: Planning Commission - 6. Traffic Study No. 77 r S " A Traffic Study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and Council Policy S-1. The proposed project is expected to be completed in 1992. Analyses were, therefore, completed for 1991. The City Traffic Engineer identified seven intersections which could be affected by the project at full -occupancy. The first step in evaluating intersections is to conduct a 19o' traffic volume analysis, taking I into consideration existing traffic, regional growth and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than 1% of the projected peak 2-1/2 hour volume in either the morning or afternoon, an Intersection Capacity Utilization (ICU) analysis is required. As indicated in the attached Traffic Study, it was determined that for all but one of the seven study intersections, the project related traffic is expected to be less than one percent of the project A.M. and P.M. peak'2-1/2 hour traffic volumes. The intersection of Jamboree Road and,Campus Drive did not pass the 1% test during the A.M. or P.M. 2-1/2 hour peak period on the westbound approach; therefore, an Intersection Capacity Utilization (ICU) analysis was performed for the A.M. and the P.M. peak hour. Table 4 on page 14 of the attached Traffic Study summarizes the results of the ICU analysis. As noted, the intersection would have an unacceptable ICU value of 0.98. Since six of the seven identified intersections -passed-.the 1% test and the seventh intersection of Jamboree Road a`nd Campus Drive requires that ifbe•mitigated to obtain an ,acceptable level of service, this mitigation measure has been incorporated into the attached Exhibit "A". The City traffic. Engineer has indicated that the intersection can be mitigated by restriping of the intersection to provide for additional left turn traffic as Indicated in the traffic study. Specific Findings Section 20.80.060 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. Chapter 15.40 of the Municipal Code requires that the Planning Commission make certain findings in conjunction with its approval of a traffic study. Should the Planning Commission wish to, approve these,applications, the findings and conditions set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny these applications, the findings and conditions set forth in the attached Exhibit "B" are suggested. i TO: Planning Commission - 5. Walls Surrounding the Take-out Restaurant Site Inasmuch as the proposed take-out restaurant is attempting to develop as an integrated part of the adjoining office building, staff is of the opinion that the construction of solid walls on the interior property lines of the take-out restaurant sight is inappropriate. ,, Proposed Take -Out Restaurant Sims In accordance with the General Sign Requirements of the Koll Center Newport Planned Community, two wall identification signs are permitted on the restaurant building. Said wall signs may not exceed an area equal to one and one-half (1-1/2) square feet for each one (1) foot of lineal frontage of the building. However, in no case may a sign exceed an area of 200 square feet. Based on the above requirements, the subject project would be permitted to have one 130± sq.ft. wall sign facing Campus Drive and one 62± sq.ft. wall sign facing Von Karman Avenue. As indicated on the attached plans, the applicant is proposing to install three wall hiounted identification signs, one sign containing 34± square feet on the east elevation (facing -Campus Drive); one sign containing 4�quare feet on the south elevation (facing Von Karman Avenue); and one 4± sq. ft. logo sign on the west elevation (facing the parking lot). Staff has no objections with the third wall sign, inasmuch as the small logo sign is located over the main entrance of the take-out restaurant facility, adjacent to the parking lot. - ~- The Koll Center Newport sign provisions also allow restaurants to have one 4 foot high ground sign not exceeding 200 sq. ft. in area. The attached plans indicate that a 20 foot high, double-faced (65± sq. ft. per face) pylon sign is proposed to be located at the corner of Campus Drive and Von Karman Avenue. The Koll Center Newport sign provisions allow one 20 foot high, 50 sq. ft. pole sign for restaurants, in lieu of all other identification signs. The applicant has therefore decided to convert the pylon sign to a ground sign with a height of 6 feet and a sign area of 50 sq. ft. per face. Two (2) 5 foot high, 32± sq. ft. menu boards are also proposed on the southerly side of the building which will be used in conjunction with the drive -through facility of the restaurant. Staff has no objections with the proposed ground signs. The attached site plan also includes a note which identifies three directional signs; the size of each sign is approximately 5 square feet and 3 feet 6 inches tall and are star shaped. In accordance with the sign provisions of the Koll Center Newport Planned Community, directional signs not exceeding 6 sq. ft. are permitted in addition to other signs on the site. Staff has no objections to the proposed directional signs provided they do not exceed 6 sq. ft. and they do not include the restaurant name (staff does not object to the star shape of the signs). TO: Planning Commission,- 8. . EKIMIT "A" - FINDINGS AND "C' ONDITIONS OF APPROVAL FOR TRAFFIC STUDY NO. 77 USE PERMIT NO. 3424 AND RELATED ENVIRONMENTAL DOCUMENT A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, maldng the following findings and requiring the following the mitigation measures: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditiohed'ok asmodified by mitigation measures identified in the Initial Study, could have a significant effect, on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately 'addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the -proposed project will have the potential for an adverse effect on wildlife resources or the habitat —upon which wildlife depends. On the basis of the evidence in the, record, this agency finds that the presumption of adverse effect contained in; Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. MITIGATION MEASURES: T 1. The project's outdoor lighting system shall be designed to minimize light spillage on to the sites to the extent feasible. Prior to the issuance of a building permit a licensed Electrical Engineer shall prepare electrical plans and submit a written certification to the Building Department that this requirement has been satisfied. 2. That prior to issuance of Certificates of Occupancy, the applicant shall demonstrate to the City Traffic Engineer that the intersection of Campus Drive and Jamboree Road has been restriped as described in the traffic impact study prepared for the project (TPO-077). TO: Planning Commipsion - 7. 0 PLANNING DEPARTMENT James D. Hewicker, Director r By Javier S. Garcia Senior Planner Attachments: Exhibit' V Exhibit ' 3" Vicinity Map Letter from the Applicant Describing the Project Traffic Study Negative Declaration Site Plan, Conceptual Planting Plan, Elevations and Sign Plan I T TO: Planning Commission - 7. PLANNING DEPARTMENT James D. Hewicker, Director r By Javier S. Garcia Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Letter from the Applicant Describing the Project Traffic Study Negative Declaration Site Plan, Conceptual Planting Plan, Elevations and Sign Plan TO: Planning Commission - 9. B. TRAFFIC STUDY: Approve the Traffic Study, making the findings listed below: Findings: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code, and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major,' 'primary - modified; or 'primay street after incorporating the mitigation measures as listed in the environmental document. 3. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the seven study intersections and that the ICU analysis for the seventh intersection indicates an acceptable ICU value of less than 0.90 can be obtained with mitigation at the intersection of Jamboree Road and Campus Drive. C. USE PERMIT NO. 3424 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 development standards as they relate to perimeter fencing and a portion of the required parking (7 parking spaces) will be of no further detriment to adjacent properties inasmuch as the proposed drive- in and take-out restaurant is part of a lafger integrated development which is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site inasmuch as many customers will walk to the site from the surrounding offices. 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. TO: Planning Commission - 10. 6. That the proposed modification to the Koll Center Newport sign provisions allow two 5 foot high 32 sq. ft. menu signs, one additional 5 square foot logo wall sign and one 6 foot high ground sign will not, under the circumstances of this case be detrimental to the health, safety, peace, niorals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighporhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 7. The approval of Use Permit No. 3424 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: That development shall be in substantial conformance with the approved site plan, elevations and sign plans, except as noted below. 2. That the on -site parking,'vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic -Engineer: 3. That the intersection of the private drive and Campus Drive provide sight distance in conformance with City Standard No. 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. The sight distance requirement may be modified at non -critical locations, subject to approval of the City Traffic Engineer. • T ' 4. That the on -site trash enclosure and Edison transformer be relocated in a location acceptable to the City Traffic Engineer so that vehicular and pedestrian sight distance is provided. 5. That the proposed monument sign at the corner of Von Karman Avenue and Campus Drive be positioned so that sight distance is maintained in accordance with the City's sight distance standard 110-L. 6. That sidewalk be constructed along the Von Karman Avenue frontage and connect to the sidewalk located on the westerly side of the access driveway located at the southerly property boundary. The sidewalk shall be six (6) feet wide meandering or,eight (8) feet wide, constructed adjacent to the curb. That the existing curb access ramp constructed out into the access drive be reconstructed tiL TO: Planning Commission - 11. so that the ramp is positioned behind the curb. The design of the revised access ramp shall be approved by the Public Works Department. That all work within the public right-of-way be completed under an encroachment permit issued by the Public Works Department. 7. That pedestrian access shall be provided from the Campus Drive entrance to the restaurant as approved by the 1?ublic Works Department. 8. Disrupti n caused by construction work along roadways and by movement of construc on vehicles shall be mmimied by proper use of traffic control equipme. ,t and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. There shall be no construction storage or delivery of materials within the Campus Drive or Von Karman Avenue rights -of -way. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 11. That the parking lot shall be lighted in such a manner as to prove adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. 12. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 13. That the development standards pertaining to walls and 7 of the required parking spaces for the take-out restaurant shall be waived. 14. That only two wall identification signs, one logo wall sign, one 6 foot high (50 sq. ft. per face) ground sign, and two drive -through menu signs shall be permitted, in conjunction with the take-out restaurant. 15. That the proposed directional signs shall not exceed 6 sgft. and shall not include the restaurant name. 16. 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. 0 TO: Manning Commission: - 12. 17. 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. 18. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 19. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, the City Traffic Engineer and Public Works Department. 20. That 102 off-street parking spaces (including the 10 spaces in the drive -up stacking lane) shall be provided. 21. That all employees shall park their vehicles on -site. 22. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 23. That a washout area forrefuse 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. 24, 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. 25. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building. Department. 26. 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. 27. • 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. 28. 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 Commjssion - 13. 6 EXHIBIT "B" FINDINGS FOR DENIAL OF TRAFFIC STUDY NO. 77, USE PERMIT NO. 3424 AND RELATED ENVIRONMENTAL DOCUMENT A ENVIRONMENTAL DOCUMENT i, No action is necessary for the previously certified environmental document for a project which is denied. 2. Make the findings listed below: Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That the contents of the environmental document have been considered on the various decisions on this project. 3: That the guidelines indicate that environmental documents are not -required for projects that are denied. 4. The Findings made in regard to the Environmental Document described above also apply to the denial of the Traffic Study No. 77 and Use Permit No. 3424. B. TRAFFIC STUDY NO. 77 T 1. Take no action on the Traffic Study; and 2. Make the finding listed below: Finding: i. That Traffic Studies are not needed for projects that are denied. C USE PERMIT NO. 3424 1. Deny Use Permit No. 3424 with the findings listed below. TO: Planning Commission - 14. Findings_ 1. That the proposed drive-in and take-out restaurant does not provide adequate on - site parking. 2. The approval of Use Permit go. 3424 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 neighbor' ood and the general welfare of the City. T ICI ITY MAP ' 4 CAMPUS DR(' --' n - 2 P-C P'C fi i K Y � w K / BIRCH STREET J K -1 li 1 li 9 Pr oP I a 11 LO ti P-C ft 9 U P-C 1 6 2 a I Y e r kcsuo �3u P-C • �I a G 1 - - .J - - , 3 1. . f 3. ` — • ' co /NTN�pN �,P 5 L I rn u L P-C u..e isi 4- N 1 V PN- Z PAR I P"C 'I h^^ U j to 1° TVACT UO.7341 8i 1 PLC I PLC IV [I _ - 1 IL.9L6m. P C 4W m A ` It, MAP ,eIil GeV. 6.14-11 Q•i t 4 \ ego. C� DISTRICTING Il MAP NEWPORT BEACH—CALIFORNII p-p mvtI�LL � mF7 Dp YIL.TIRL L[SUNIVi L-I YLGM INDIY MIX"TIIL C-I UDIIT tLWtPtI/A. • L-t Dliw.[L RI mTIAL C-L oxL CpDEYPY. A-i IOIRwIID YWIPa IPYLT 16110LIRYL Y-1 YALDNICIYDYL P WC Ioe pJ � ® O COWYIYL DILIILCT C� 4DO D ;T. —7 mv. USE PERMIT NO 3 4-24- TPA M 011 Property Development 222 South Harbor Boulevard • PO. Box 4999 Anaheim, CA 92BO3 • (714) 491.4300 October 1% 1991 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92658-8915 Reference: CKE 0191-84 Von Karman & Campus Newport Beach, CA LETTER pF OPERATION Carl's Jr is a quick service restaurant that offers 142 seats for inside dining and drive thru service. The drive thru lane will accommodate stacking for 10 full size cars. The site provides 92 packing stalls on site*. Also, proposed as part of this developmcnt, Is a 3,850 sq. it, single story retail building. The .retail bullding is plashed to -btr Phase 2 of ibis project with the building's construction to commence 6-12 months after the. C, rl's`-Jr opening. All site improvements will be completed with the Carl's Jr project or phase 1, with the retail building pad area sodded and the terrain generally level. * The restaurant operates with a staff of 8 and store employees totaling 50. Operating hours are 6 am to 12 midnight, Monday thrn Thursday and 7 am to 1 am, Friday thru Sunday. CARL KARCHER ENTERPRISES, INC. ft �A h%ft-"P Regional Site Devel0ment Manager LAR:mar LR158 Carl's Junior Restaurant tetail Stare Traffic Impact Study u r • N�a''fZS aV A4. Ir GS Sn-e 73 J0 y4 0 0 a �1 4, a P�' 6 {NINE a s, IRVINE NEWPORT CIiANNEI BEACH ; CNe o� 5 PN � = STUDY NOT TO SCAT E INTERSECTIONS MCA LOCATION MAP FIGURE 1 NP-LOC-2 ; j Traffic Impact Study Carl's Junior Restaurant ai' letail SL-, 0 1,7 ' es a ba jijp, e 4. plant Life: Will the proposal--result'in:�• - F a, Change in . the• diversity. of species,- or num- ber of any species of plants (including trees, shrubs,•grasq; crops, and aquatic plants)? — b. Reduction of the numbers of any unique, rare X or endangered species of plants? t .— C. Introduction of new species of•plants into . an area,•or in,_a barrier'to the normal replenishment of existin species?, t- d. Reduction in acreage of my agricultural 5. Anivsl Life. Will the proposal result in: a• Change in the.diversity of species;- or num- bers of• any species- of;•animalsn(birds; .land-v, -• ••- animals including reptiles, fish and •shell- X fish, benthic organisms or insects)? b. Reduction of the numbers of any unique. X rare or endangered species of animals? _ — c. Introduction of new species_of animals into an area, or. result in a bairier to the migra_, x tion or movement of animals? :. -- - d. •Deterioration to' existing fish or• -wildlife x ... habitat? - ••6. Noise. Will the proposal•result in: a. Increases in existing noise levels? b. Exposure of -people to7severe noise levels?.• _ x 7. Light and Glare. Will'•the proposal produce new. :. X light or glare? 8. Land Use. Will the —proposal —result in a sub- stantial alteration of the present or planned X land use of an area? - 3 - Yes Maybe No 9. Natural Resources. Will the proposal.result in: a. Increase in the rate of use of any natural. X resources? — 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of „ hazardous substances (including, --but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or X upset conditions? _ — b. Possible interference with -an emergency response plan or an emergency evacuation X plan? — — 11. Population:w Will the proposal alter.:the.location,-;, - distribution, density, or -growth rate of the human X population of an area? — 12. Housing. Will the proposal affect existing housing X or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: -` -a. Generation of substantial additional. X vehicular movement? tb. Effects on existing parking facilities, or x demand for new parking? _ — c. Substantial impact upon existing trans- x portation systems? — d. Alterations to present patterns of circula- tion or movement of people -and/or goods? e. Alterations to waterborne, rail or air traffic?_• X f. Increase in traffic hazards to motor vehicles, y bicyclists,•or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: - 4 - fvs WYes a be No a e a. Fire protection? — b. Police protection? C. Schools? _ 1� d, parks or other recreational facilities? _ e. Maintenance of public' facilities;.• including X roads? _ f. other governmental services? 15. Energy. Will the proposal result in: t X use of substantial amounts of fuel or energy?. _ a. ••b. Substantial --increaser-in. demand. upon existing sources or energy, or require the development X of new sources of energy? — 16. IItjUtes. Will the proposal result in a need for ' new systems, or substantial alterations to -the following utilities: a. Power or natural gas?- b. Communications systems? c. Water? d. sewer or septic tanks?� -- . ' X e. Storm water drainage? - • •• -- T f. Solid waste and disposal? .17. Hunan Health. Will the proposal result in? Creation of any health hazard or potential X a. health heazard (excluding mental health)? b. Exposure of people to potential health y L hazards? '— - 5 - yes a buffo_ 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to _ the proposal result in the the public, or will creation o£ an aesthetically offensive site open i to public view? . - • • .- 19. Recreation. Will the proposal-reisulofinn an impact upon the quality or quantity ti4ig X recreational opportunities? — — 20. Cultural Resources. , a. Will the proposal result.in the alteratic L of or the destruction of a prehistoric o: historic archaeological site? b. Will the proposal result in adverse physical" or aesthetic effects to a prehistoric or historic building, •structure, or, object?: •... ., c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses with the potential impact X area? - _•_ -- .. -� 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade " the quality of the.environment, substantially reduce the habitat of as fish or wildlife species, cause a fish o"� rildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, _ ••. a ; reduce .the number or restrict the .range of or endangered plant.'or animal of eliminate - rare important examples of the. major periods of x California history or pre hstory? —. _•, - 6 - :0 • ✓tl yes MUbe No b. Does the project have -the •potential' -to achieve• .',.t. short-term. to the -disadvantage of long-term, environmental goals? ' • (A short-teim imp act' ou ' *' - the environment is one which occurs in a tale Lively brief, definitive period of time while long-term Impacts. wAl'endure"well'into:the X future.) a. Does the project have impacts which are individually limited, but cumulatively`'hon= `. siderable? (A project may impact on. two or more sejarate resources where t s impact on ..• each resource is Yelat$dely'sma l; but where the effect of the total.' of :thos( •impacts' on the environment is significant.) .— I d. Does. the project have'emrironmeatal:'effects "` J• II 'which it cavlse dub'stanti4T:"adverse ieffects t,• on human beings, either directly or indirectly?_ III. Discussion of Environmental Evaluation (Narrative description of environmental impacts-) IV-. Determination - on the basis of this initial evaluation: Y find that the proposed project CHUM NOT'�have a significant effect on the, environment,' and 'a N11MILIVE DFIMARA' ON WZ ' BE f -1 PREPARED: .. _ - „r i • . , .. . _,. _ .:^ .:. .. I find that although the proposed'pioject-could have a signif- icant effect on environment;"there wilrnof-be-1 significant effect in this case because the Atigatioii measures described on an attached sheet have been added to the'project:= I ® NEGATIVE DBrti11RATTON WILL BE PREPARED. I find the proposed project NAY have a significant effect on the environment, and an ENVMMMU 'AL iffAcr REPORT is required. Q 19 9 o Q�;� � .` �ac�H•tc. Date Signature C\PLT\EIRLIST.FRM For %Fly 01Ty OF MeoO r JBeACf{• -7- ' t1 i n- ' * Demotion us Drive and Von This pioject is located at the southwest comerof site occupied by an Karman Avenue of I{oll Center Newpo approximately operating full service restaurant called R�' � bed demolished and replaced by square feet building. The existing facility a proposed development that involves construction of a �*Carlos d aretail " thin and take-out Mood £aplity'with 14Z indoor seatingcapacity building that contains 3,822 square feet. The proposed project consists of two phases• The first phase of the project is the construction of the restaurant and the second phase of the project will be, completion of the retail building- , Environmental Analysis Checklist Explanations Anal st L Earth A substantial portion of the site will be altered to accommodate the proposed on -site improvement. The construction overccovering aassociated rwith mppacctit•on will result in little soil disruption or the scope the project the effect of the or soil displacement. Considering P construction activities is insignificant I Air During the course of construction some-dust-and-objectionable�be created. ]Howins °will be diesel exhaust and asphalt paving • required by Air Quality Management minimized as a result of site waters el rated upon the completion of the District and odor effects shall be eliminated P pr ject Therefore, the effect is insignificant. 3• Water ti of ound or surface water. The project does not affect the quality oT`� tY f 4, plant Iife and none of any The proposed site is located in a developed area of the, City unique, rare or endangered species of plants are present in the vicinity of the project 5• Animal life ro ect on either land animal or marine life• There will. be no, effect of this project 6. Noise the construction Existing noise levels are anticipated to be increased during of the project. ay be short due to the m�fda office be period. Construction time m gs and The proposed site is surrounded predominantly by general ses. Residential development and other noise some retail commercial u MI project. Noise sensitive land uses are not located adjacent to the proposed P letion of the effect§ are not significant and shall be alleviated upon the comp project 7. Light and Glare properties, Although exterior lighting for the project could• impact adjacis ent prop to Mitigation Measure No- to the pr ensure the extent hat such easihble and avoid any confine and direct rays property significant affect g. Land Use The site is designated Retail and Secee sites Land Use category will no be the Zoning is Planned Community The altered and the proposed project is consistent with the General Plan requirements. 9. Natural Resources Natural resources will not be affected by this project. 10. Risk of Upset There is no risk of any foreseeable hazard due to' upset. 11. Population - is not anticipated. Any increase or decrease of the area's population- a Housing and demand will not change as a result of this The housing availability project 13. Transportation/Circulation ro ect indicating A traffic impact study has been conducted for the subject p j that additional vehicular movement will be generated as a result the proposed development The Existing restaurant generates 917 trip ends per e day. The proposed project generates an estimated %836 trip ends per day. ` The restaurant portion of the project generates %665 trip ends per day and 1 the retail store generates 171 trip ends per day. The intersection ofCampus to additional trip generation. Drive at Jamboree Road will be impa cted due Mitigation Measure No. 2 shall ensure that such traffic increase affects be reduced to an insignificant level. The existing on -site parking facilities ' be affected as a result of the and take-out restaurants are proposed development and uSe•s pa Dcen fore a h 50 square feet of gross floor required to provide one parking area contained within a building. The restaurant portion of the proposed project contains a building with 4,188 sgft. of gross area which require 84 parr spaces (4,188 sq fL / 50 = 83.76 or 84 parking spaces ). In addition, one parking space per employee per shift based on peals employment shift shall be provided. The retail building of the site contains 3,822 sgft. and one parking space for each 200 square feet of floor area is required -'Therefore the aces( 3,822 / 200 sgft = 19.11 or 20 retail building requires 20 parking sp parking spaces). Total parking requirement for the restaurant and retail building is 104 spaces plus the employee parking .equir restaurant use. The proposed development plan indicates a total of 102 p. With area, that daunts •for 10 arking spaces th the restaurant drive-thru parking spaces, the project meets the parking requirement Presently the site onunodates for 100 automobile parking spaces. This project `in not have any adverse affect on transportation or circulation. 14. Public Services New public or governmental services will not be needed as a result of this project. 15. Energy Energy sources are not affected by this project. 16. Utilities Fast food restaurants typically generate more waste water and grease runoff However, compliance with Plumbing and than a full service restaurant Building Code requirements regarding grease interceptors will insure that potential effects shall be reduced to a level of insignificance. 17. Human Health The project has no adverse affect on human health- 18..Aesthetic s By compliance with the provisions containedtc s design hsigns, landscaping and the City's Zoning Code regard.CommunitY Text ding P j and other aesthetic features of the site the effects shall be reduced to insignificant level. 19. Recreation acted b the The quality and quantity of recreational activities will not be imp Y project. 20. Cultural Resources The project does not have any effect on the cultural resources of the area. Y do J. fi No.1 m shall be designed to mWmiw light The project's outdoor lighting system spillage on to the adjacent sites to the extend feasible. prior the iss;uanw of a building permit a licensed Mectrical }gnaoineer shall prepare plans and submit a written certification to'4he Building Department that this requirement has been satisfied.. No. 2 au the a lican4 shall prior to the issuance of Certificates of Xjse and occupancy, cy, PP rt,P city Traffic Engineer that the intersection of Campus demons -, ._ .u- .� ff;c Drive impact Mpl'IGATIC''-`•' MONITORYNG AND RppORTTD PR®GRAM Carl's Jr. Restaurant Negative Declaration No. UP 3424 n L OVERVIEW This mitigation monitoring program wa.-5 prepared an compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the applicant and the City to ensure that all mitigations mealures chment I mmmanzes the adoptedadopted as lion part of this project will be cam procedures Proje measures, implementing actions, and verification IL M1TIGA'nON MONITORING PRO&-1?URL1S Mitigation measures can be implemented in thre: ways: (1) through project design, which is verified by plan check and inspection; (2) 1 Trough compliance with various codes, ordinances, policieS, standards,* and conditions of approval which are satisfied prior to or during construction and verified by plan check and/or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring Of mitt -ion measures are summarized below. procedures for these three types ga l A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in conformance with the approved project design. Field 'inspection will verify that construction conforms to approved plans. - - -- __ implemented through compliance with codes, ordinances, B. Mitigation measures imp policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project fileAs part of the review process for all subsequent discretionary or ministerial permits, the file will be checked to verify that the requested permit is in compliance with all applicable codes, ordinances, policies, standards and conditions of approvaL Field inspections will verify that construction conforms to all applicable standards and conditions. C. through post -construction monitoring. Mitigation measures implemented If any mitigation measures require verification and reporting after construction is completed, the City wilt maintain a log of these, mitigation monitoring and reporting requirements, and will review completed monitoring reports. Upon submittal, the City will approve the report, request additional information, or pursue enforcement remedies in the event of noncompliance. ]Final monitoring reports will be Placed in the official file. F:\ \,,i1a\dr\MM-COVER 4 PUBLIC /Oti��- ven that the Planning Commissionofthe City of Newport Beach willhold a public is hereby 1'id 'rtk attic Study No. hearing on the application of t rl Careber II;nt Inc.IIncfor Use permit No 3424 m7 .. nrnnerty located at nsso Q' imps ID d- e- anu taac \... ^---- tionhas ared the NOTICE IS EDMBY FURTHER GY1�F.N that noted abotive ve- The Negative Declarati n states of Newport B an e01'nection with the result applicationcant effect on the environment. it is the that, the subject development win n t the Negative significant tion and supporting documents- This is present intention of the. City tc accept or denial by the City of the subject application. The City not to be. construed as either• approval encourages members of the general public to review and comment on this documentation. Copies and of the Negative Declaration anNewport d supporting -do en are available for public revie�ort Beach, at the Planning Debartment, City of Newport Beach, 3300 Newport Boulevard, ewp California; 9265S4*8 (714) 644-•3225- Notice is hereby further given that said public hearing will be held on the 1A�th day of ®cto� 91' at *the hour of p uL in the Council Chambers of the Newport Beach City Yiau, 3300 Newport Boulevard, Newport Beach, Califoimia, at which time and place any and all persons interested may in court, you may be limited to raising appear and be heard thereon. • if you challenge this project lic hearing described in this notice or in only those issues you or someone else raised at the p, For information call written correspondence delivered to the City at, or prior to, the public hearing (714) 644-3200. Norma. Glover, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. T :. •Z . f� ATTACHMEN17 1 MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY carts Junior Restaurant (UP 3424) . Implementing Action Meth o ito f Timing of Verification Responsible Person Mitigation Measure Verification Planning department plan Condition of Approval Plan check Prior to the issuance of a building permit checker 1. The project'soutdoorlightingsystem shall be designed to minimize light , spillage on the adjacent sites to the extend feasible. Prior to the issuance _ of a building permit a licensed ' Electrical Engineer shall prepare electrical plans and submit a written certification to the Building j Department that this requirement has been satisfied. 2. Prior to issuance of Certificates of Condition of Approval Field inspection Prior to issuance of a Certificate of Use or Traffic Department Use and Occupancy, the applicant Occupancy shalt demonstrate to the City Traffic i Engineer that the intersection of .. Campus Dr. and Jamboree Rd. has been restriped as described in th I traffic impact study prepared for the ! project (TPO-071). l F.\...\azfz-a\CarrsJr\MM TABLE i 1 _W ✓COMMISSIONERS ``173November 7, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 7. That County Sanitation District fees be paid prior to i ance of any building permits 8. That di ption caused by construction work along roadways and by vement of construction vehicles shall be minimized b roper use of traffic conf -ol equipment and flagmen. Traffi ontrol and transport, ion of equipment and materials shall a conducted in as irdance with state and local requirement . 9. That overhead utilities servin the site be undergrounded to the nearest appropriate pole. i accordance with Section 19.24.140 of the Municipal Code. 10. That Coastal Commission approval shall a obtained prior to the recordation of the parcel map. 11. That this resubdivision shall expire if the map has t been recorded within 3 years of the date of approval, unle an extensiQn is granted by the Planning Commission. A. Traffic Study No. 7 Continued Public Hearin item No.4 Request to approve a Traffic Study so as to permit the construction Ts77 of a 3,822± square foot (gross) retail building and a 4,200± square UP3424 foot (gross) drive-in and take -oat restaurant; and the acceptance of an environmental document. Approved AND B. Use Permit No. 3424 Continued Public Hearin Request to permit the construction of a drive-in and take-out restaurant facility in conjunction with a proposed retail commercial building on property located in Retail and Service Site No. 1 of the Koll Center Newport Planned Community. The proposal also includes: a request to waive a portion of the required off-street -9- COMMISSIONERS ° v November 7, 1991 MINUTES ROLL CALL INDEX parking spaces and to allow a portion of the required off-street parking spaces for the take-out restaurant to be provided within the proposed drive -through lane; a modification to the sign standards for the Koll Center Newport Planned Community so as to allow one ground identification sign which exceeds 4 feet in height; a third wall identification logo; nd two additional ground signs (menu signs) which contain 32± square feet each and also exceed 4 feet in height. LOCATION: Parcel 4 of Parcel Map 76-45 (Resubdivision No. 506), located at 4880 Campus Drive, on the southwesterly corner of Von Karman Avenue and Campus Drive, in Koll Center Newport. ZONE: P-C APPLICANT: Carl Karcher Ent. Inc., Anaheim OWNER: Elco Partners, —Newport Beach James Hewicker, Planning Director, addressed Condition No. 14, Exhibit "A", stating That only two wall identification signs, one logo wall sign, one 6 foot high (50 sq. ft. per face) ground sign, and two drive -through menu signs ..., and he indicated that the subject signs were requested by the applicant. The public hearing was opened in connection with this item, and Mr. Frank Duncan, 4350 Von Karman Avenue, appeared before the Planning Commission on behalf of Koll Center Newport. He requested that the foregoing Condition No. 14 be denied on the basis that the Koll Center Planned Community Standards require a maximum 4 foot high monument sign, and the establishments located in Koll Center Newport adhere to the 4 foot height requirement. Mr. Duncan stated that if Condition No. 14 would be approved that it would set a precedent in Koll Center Newport. William Laycock, Current Planning Manager, explained that the Taco Bell Restaurant, located in Koll Center, has a menu sign that exceeds the 4 foot height, and the applicant is also requesting -10- COMMISSIONERS November 7, 1991 MINUTES COTY OF NEWPORT BEACH ��// 1`�I]E /, ROLL CALL menu signs higher than 4 feet. Mr. Laycock indicated that the requested ground sign could be reduced in height to 4 feet. In response to questions posed by Commissioner Debay, Mr. Duncan replied that Koll Center Newport has jurisdiction over the establishments; that the applicant was not contacted regarding the sign requirements; and establishments within Koll Center Newport contacted him regarding the requested signs. Mr. Hewicker stated that it was not the intent to place the City's requirements in front of the Koll Center Planned Community Standards, and Koll Center Newport's concerns would have been addressed in the staff report if the problem had been brought to,staffs attention. In response to questions posed by Commissioner Edwards, Mr. Duncan replied that the applicant owns the existing building, and the Koll Company controls the ground lease. He further replied that the Koll Company requests a 4 foot above grade maximum height ground sign, and lowering the height of the monument sign would not restrict visibility approaching from any direction. - In response to a question posed by Commissioner Pomeroy regarding Taco Bell's menu sign, Mr. Duncan stated that he would not object if the applicant installed a 5 foot high menu sign. In response to a question posed by Commissioner Gross with respect to a 20 foot pylon sign, Mr. Laycock stated that the applicant originally requested a 20 foot high pylon sign and the Planned Community Standards allows a 20 foot pylon sign for a restaurant in lieu of any other signs wherein the applicant revised the request to a ground sign so as to allow the additional signs. In response to a question posed by Chairman Di Sano, Mr. Duncan replied that he would agree if Condition No. 14, Use Permit No. 3424, would be revised to state one 4 foot high (50 sq. ft. per face) ground sign. Mr. Mike Kilbride, 5515 River Avenue, appeared before the Planning Commission, and he expressed his concern with the size of the Jack -In -The -Box menu sign located near his home and he -11- COMMISSIONERS � o0 ec... November 7, 1991 MINUTES ROLL CALL 1NOEX requested that the applicant comply with the Koll Center Newport Planned Community sign requirements. Mr. Lorenzo Reyes appeared before the Planning Commission on behalf of the applicant. In response to a question posed by Chairmar Di Sano, Mr. Reyes concurred with the findings and condition in Exhibit "A". Mr. Reyes explained that fast food is considere, an impulse purchase; that the peals business hours at the subject location would be during the mornings and afternoons; the traffic and population count in the area decreases considerably in the evening and on weekends and the proposed signage would attract first-time customers and pickup the impulse traffic; and a 4 foot high ground sign would be restrictive on the site. The requested additional signs are in keeping with the Carl's Jr. logo inasmuch as there are upper and lower case letters, and there is no mention of the type of service on the signage. Mr. Reyes stated that if the Planning Commission approved one 4 foot high ground sign that the measurement be taken from the top of the cabinet base as opposed to the tip of the star._ In response to a question posed by Commissioner Gross with respect to the lease from The Koll Company, Mr. Reyes explained that the applicant is aware of the Koll Center Newport Planned Community Standards, and the applicant has not agreed to abide by the Standards inasmuch as the lease has _not been signed pending the results of the subject public hearing. Carl's Jr. is a leading advocate of pursuing alternate sign legislation inasmuch as signs are pertinent to fast foo&establishments. In response to a question posed by Commissioner Glover, Mr. Reyes explained that the proposed signage is necessary inasmuch as it is directed to customers that are not within walking distance or work near the fast food restaurant. In response to a question posed by Mr. Reyes, Mr. Laycock replied that the 4 foot sign would be measured from the top of the slope. In response to a question posed by Commissioner Gross, Mr. Duncan reappeared before the Planning Commission, and he replied that The Koll Company would agree to limiting the height -12- COMMISSIONERS o 0\N�� 7i; O ') November 7, 1991 MINUTES ROLL CALL INDEX of the mass part of the sign to 4 feet, and a 4 inch protrusion of the star. Mr. Reyes replied that the applicant would agree to the foregoing suggestion. Mr. Reyes further replied that the applicant intends to restripe the parking lot. Mr. Reyes and Commissioner Glover discussed access to the site, and the financial impact Koll Center Newport's requirements would have on the establishment if the requested signage would not be approved. Ms. Chang Ching -Ching appeared before the Planning Commission on behalf of the Plaza de Cafe, and she requested that Plaza de Cafe also be granted a 6 foot high sign. She requested that the customers of Carl's .7:. not use the Plaza de Cafe's parking spaces. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Traffic Study No. 77, Use Permit No. Motion * 3424, and related Environmental Docririiient, subject to the findings and conditions in Exhibit "A", amending Condition No. 14 to -state that the trademark star would be able to exceed the 4 foot height limit by 4 inches on the proposed ground sign. Commissioner Debay supported the motion. She encouraged the applicant to go about the process of changing the required signage in the Planned Community Standards inasmuch as the other Koll Center Newport establishmentsrnay support the applicant's request. Ayes * * * * * * Motion was voted on, MOTION CARRIED. Absent A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following findings and requiring the following mitigation measures: Findings: 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there -13- COMMISSIONERS November 7, 1991 MINUTES CITY OF G`IEWPORT BEACH ROLL CALL INDEX is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental im acts of the project, and satisfies all the requirements of i EQA, and is therefore approved. The Negative Declara on was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee Exemption pursuant -to -Section 753.5(c) of Title 14, CCR 1 - MITIGATION MEASURES: 1. The project's outdoor lighting system shall be designed to minimize light spillage on to the sites to the extent feasible. Prior to the issuance of a building permit a licensed Electrical Engineer shall prepare electrical plans and submit a written certification to the Building Department that this requirement has been satisfied. 2. That prior to issuance of Certificates of Occupancy, the applicant shall demonstrate to the City Traffic Engineer that the intersection of Campus Drive and Jamboree Road has been restriped as described in the traffic impact study prepared for the project (TPO-077). -14- COMMISSIONERS �y�Mc•P •' 4� �`o, 01 0 November 7, lyy, MINUTES y i V .���, {•. F►9 i... � 1. � • w�� �'� ! }, � ,yl , ''� ROLL CALL INDEX B. TRAFFIC STUDY: Approve the Traffic Study, making the findings listed below: Findings: 1. That a Traffic Study has been prepared which analyses the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major; 'primary -modified; or 'primary' street after incorporating the mitigation measures as listed in the environmental document.. 3. That the Traffic Study indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on six of the seven study inLtersections and that tfie ICU analysis for the seventh intersection indicates an acceptable ICU value of less -than 0.90 can be obtained with mitigation at the intersection of Jamboree Road and Campus Drive. C. USE PERMIT NO. 3424 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 development standards as they relate to perimeter fencing and a portion of the required parking (7 parking spaces) will be of no further detriment to adjacent properties inasmuch as the proposed drive-in and take-out restaurant is part of a larger integrated development which is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards; and adequate parking 1 -15- 6MMISSIONERS d,0 O pO'G t 111 X E;. 0,1 November 7, 1991 MINUTES ROLL CALL -- - - - - - INDEX is being provided on -site inasmuch as many customers will walk to the site from the surrounding offices. 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. That the proposed modification to the Koll Center Newport sign provisions allow two 5 foot high 32 sq. ft. menu signs, one additional 5 square foot logo wall sign and one 6 foot high ground sign will not, 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 or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 7. The approval of Use Permit No. 3424 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, elevations and sign plans, except as noted below. a -16- COMMISSIONERS \ONN�O� D November 7, 1991 MIMUTES ROLL CALL INDEX 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the intersection of the private drive and Campus Drive provide sight distance in conformance with City Standard No. 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. The sight distance requirement may be modified at non -critical locations, subject to approval of the City Traffic Engineer. , 4. That the on -site trash enclosure and Edison transformer be relocated in a location acceptable to the City Traffic Engineer so that vehicular and pedestrian sight distance is provided. 5. That the proposed monument sign at the corner of Von Karman Avenue- and Campus Drive be positioned so that sight distance is maintained in accordance with the-City's sight distance standard 110-L. 6. That sidewalk be constructed along the Von Karman Avenue frontage and connect to the sidewalk located on the westerly side of the access driveway located at the southerly property boundary. The sidewalk shall be six (6) feet wide meandering or eight (8� feet wide, constructed adjacent to the curb. That the existing curb access ramp constructed out into the access drive be reconstructed so that the ramp is positioned behind the curb. The design of the revised access ramp shall be approved by the Public Works Department. That all work within the public right-of-way be completed under an encroachment permit issued by the Public Works Department. 7. That pedestrian access shall be provided from the Campus Drive entrance to the restaurant as approved by the Public Works Department. -17- COMMISSIONERS �- k November 7, 1991 MINUTES r �. .. CITY OF NEUJI GRY UEMACOM INDEX 0LL CALL 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be mitund ed 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. There shall be no construction storage or delivery of materials within the Campus Drive or Von Karman Avenue rights -of -way. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That arrangements be made with the Public Works Department in order'to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 11. That the parking lot shall be lighted in such a manner as to prove adequate illumination to all areas of the lot without causing any light or glare toimpact adjacent properties. 12. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 13. That the development standards pertaining to walls and 7 of the required parking spaces for the take-out restaurant shall be waived. " 14. That only two wall identification signs, one logo wall sign,, one 4 foot high (50 sq. ft. per face) ground sign, (with a 4 inch portion of the trademark star to exceed the permitted 4 foot height) and two drive -through menu signs shall be permitted, in conjunction with the take-out restaurant. 15. That the proposed directional signs shall not exceed 6 sq.ft. and shall not include the restaurant name. -18- ^^ COMMISSIONERS November 7, 1991 N1INUI 1---6 CITY ®E� POR Y OFE&C Y tlW INDEX ROLL CALL 16. 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. 17. 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. 18. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 19. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, the City Traffic Engineer and Public Works Department. 20. That 102 off-street parking spaces (including the 10 spaces in the drive -up stacking lane) shall'be provided. 21. That all employees shall park their vehicles on -site. 22. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 23. 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. 24. 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- COMMISSIONERS �Ot11 \- 'T",1,)4ovember7, 1991 MINUTES 71 ROLL CALL INDEX 25. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 26. 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. 27. 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. 28. 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. Variance No 1178 (Public Hearinel item No.5 Re q t to permit the construction of a single family dwelling on V1178 property sated in the MFR (2178) District which exceeds the ' allowable 1. ' es the buildable area of the site. The proposed Cont d to 1/9/92 development pr 'des the required amount of open space, but the location of the open ace does not meet Ordinance requirements. The proposal also inclu a modification to the Zoning Code so as to allow the proposed s cture to encroach 10 feet into the required 10 foot front yard se ck adjacent to the abandoned Carnation Avenue right-of-way as a blished by Districting Map No. 17, and to encroach 6 feet into the uired 10 foot rear yard setbacks. Said construction also proposes extend beyond the original lot line adjacent to the vacated po ' n of Carnation Avenue, so as to encroach an additional 6 inches o e first floor and one foot on the second floor. -20- )). Planning Commission Meeting TanuarK9 1.y2 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: rJse Permit No 3424�Amended) (Public Hea inel Request to amend a previously approved use permit which permits the construction of a drive-in and take-out restaurant facility in conjunction with a new retail commercial building on property located in the "Retail and Service" area of the Koll Center Newport Planned Community. The approval also included: a request to allow a portion of the required off-street parking spaces to be provided within the proposed drive -through lane of the facility; a modification to the sign standards for the Koll Center Newport Planned Community; a traffic study, and the acceptance of an environmental document. The current proposal involves a request to, amend the previous approvals by approving a revised environmental document which deletes a previous mitigation measure requiring the restriping of a portion of the intersection at Campus Drive and Jamboree Rokd. TraffiHearin Request to approve an amended Traffic Study so as to permit the construction of a 3,822± square foot (gross) retail building and a 4,188± square foot (gross) drive-in and take-out restaurant. LOCATION: Parcel 4 of Parcel Map 76-45 (Resubdivi'sion No. 506), located at 4880 Campus Drive, on the southwesterly corner of Von Karman Avenue and Campus Drive, in Koll Center Newport. ZONE: P-C APPLICANT: Carl Karcher Ent. Inc., Anaheim OWNER: Elco Partners, Newport Beach TO: Planting Commission - 2. The applicant requests an amended Traffic Study so as to permit the construction of a 3,822± square foot (gross) retail building and a 4,188± square foot (gross) drive-in and take-out restaurant; and the acceptance of an environmental document. The applicant requests to amend the previous use permit and related environmental ,document by approving a revised environmental document which deletes the mitigation measure pertaining to improvements at the intersection of Jamboree Road and Campus Drive, as previously approved. The amendment to the use permit does not entail any design changes to the proposed development, but deals with the mitigation measure which is the result of the original traffic study. In accordance with the provisions of the Doll Center Newport Planned Community, take-out restaurants are a permitted use in Retail and Service Commercial Site No.1, subject -to the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Newport Beach Municipal Code. Traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. . At its meeting of November 7,1991, the Planning Commission approved (6 Ayes,1 Absent) Traffic Study No. 77, Use Permit No. 3424 and the related environmental document. The findings and conditions were approved as suggested in Exhibit "A" of the original Planning Commission staff report with the exception of Condition of Approval No. 14 which was modified to reduce the height of,tfie proposed ground sign to a maximum of 4 feet with an allowance for a portion of the trademark star to protrude an additional 4 inches above the permitted 4 feet. One of the approved mitigation measures for the project provides that the intersection of Campus Drive and Jamboree Road be restriped prior to the issuance of Certificates of Occupancy on the two buildings on the site. A copy of the original staff report and excerpt of Planning Commission minutes of that meeting are attached for the Commission's information. The applicant in the original submittal of Use Permit No. 3424, Traffic Study No. 77 and the related environmental document was aware of the mitigation measure which was to be required at the intersection of Jamboree Road and Campus Drive. The applicant at that time, chose to remain on the Planning Commission agenda of November 7,1991, and accept the mitigation measure as recommended, rather than continue the applications to a later meeting while the traffic study was revised with actual traffic count data. The applicant was hard pressed to avoid any delays on the proposed subject facility, due to the urgency of completing the sales transaction involving the subject property prior to the end of 1991. It was the applicant's intent to attempt to relieve itself from the mitigation measure at a future date and thereby avoid dealing with the City of Irvine who has jurisdiction over a majority of the intersection of Jamboree Road and Campus Drive. The applicant was mainly concerned that in implementing the mitigation measure at the intersection of Jamboree Road -and Campus Drive, the City of Irvine design standards might require that the applicant purchase land from the landowner at that intersection to provide for widening of the roadway rather than restriping the existing roadway. This possibility could result in additional time delays in the construction of the proposed facility which the applicant could not undertake due to the impending property sales transaction. TO: Pla Ing Commission - 3. Traffic Studv N A revised Traffic Study dated December 9, 1991, .has been prepared for the proposed project in conformance with the Citys Traffic Phasing Ordinance and Council Policy S-1. The proposed project is expected to be completed in 1992. Analyses were, 'therefore, completed for 1991. The City Traffic Engineer identified seven intersections which could be affected by the project at full occupancy. The first step in evaluating intersections is to conduct a 1% traffic volume analysis, taking into consideration exisdng traffic, regional growth and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than 1% of the projected peak 2-1/2 hour volume in either the morning or afternoon, an Intersection Capacity Utilization (ICU) analysis is required. As indicated in the attached revised Traffic Study, it was determined that for all but two of the seven study intersections, the project related traffic is expected to be less than one percent of the project A.M. and P.M. peak 2- 1/2 hour traffic volumes. The intersections of Jamboree Road and Campus Drive and MacArthur Boulevard and Campus Drive did not pass the 19o, test during the P.M. 2-1/2 hour peak period; therefore, an Intersection Capacity Utilization (ICU) analysis was performed for the P.M. peak hour. Table 4 on page 14 of the attached revised Traffic Study summarizes the results of the ICU analysis. As noted, the intersections' ICU values of 0.96 for the A.M. peak and 0.74 for the P.M. peaks will not_be altered by the addition of the project. - Based on the information contained in the original Traffic Study No. 77 (not based on actual traffic counts but on -book values), six of the seven identified intersections passed the 1% test and the seventh intersection of Jamboree Road and Campus Drive required that it be mitigated to obtain an acceptable level of service. This mitigation measure was incorporated into Exhibit 'W of the original Planning Commission staff report. The revised Traffic Study No. 77, based on actual traffic volumes as measured by the independent traffic engineer which prepared the report, shows two of the study intersections do not pass the 1% test as described above. However, the ICU analysis as mentioned above, indicates that the addition of the project will not alter the ICU values for either the A.M. or P.M. peaks. Therefore, no mitigation mea -fires are recommended or required in conjunction with the revised traffic study. The Ci , Traffic Engineer concurs with the recommendations .and results of the revised Traffic iudy No. 77, and has indicated that the intersection will maintain an acceptable level of service and therefore requires no mitigation. SRecific Findings Section 20.80.060 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. Chapter 15AO of the Municipal Code requires that the Planning Commission make certain findings in conjunction with its approval of a traffic study. Should the Planning Commission wish to approve these applications, the findings and conditions set 'bit "A" are suggested; the findings and conditions are for the most th T affic Stud No 77 Use iya t?se wee*rX'd V un osed m conjunction wn r y , mat_-44th thosc Previously P utal Document, the exception of ry:4 za the related i document which has been deleted as it is no longer the environmentalation the revised Traffic Study No. 77. Staff has not attached an ,..4J aiL sletertnm Commission has already approved the project. fir+ci, inasmuch as the Planning ite noted that a denial of approved Traffic se tudy No. 77, Use Perini plications will not affect the applicant's and e plentrnt the previously XeFttd ennranmental document. pyNNING DEPARTMENT JAMES D. BEWICI{ER, Director Javier S. areia ' Senior Planner IAY-G\UP\RPST\TAKEOLTl'\UP3474A.SR Attachments: Exhibit "A" Vicinity. Map_ Letter from the Applicant Describing the Reason for this Application Excerpt of the Planning Commission minutes dated November 7,1991 Revised Traffic Study No. 77 dated December 9, 1991 Negative Declaration Previous Staff Report for Traffic Study No. 77, Use Permit No. 3424 and related environmental document dated November 7, 1991 Site Plan, Conceptual Planting Plan, Elevations and Sign Plan � TO: Plaan(�fig Commission - 5. �r�' E�11IBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR TRAFFIC STUDY NO.77 (REVISED) USE PERMIT NO. 3424'(AMENDED) AND RELATED ENVIRONMENTAL DOCUMENT A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, maldng the following findings and requiring the following the mitigation measure: Findines• 1. That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measure identified in the Initial Study, could have a significant effect on the environment, therefore a' Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. 2. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this -agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of. the California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for a De T% imis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. TION MEASURE: 1. The project's outdoor fighting system shall be designed to raminn a light spillage on to the adjacent site to the extent feasible. Prior to the issuance of a building permit a licensed Elec rical Engineer shall prepare electrical plans and submit a 'written certification to the Building and Planning Departments that this requirement has been satisfied, unless otherwise approved by the Building and Planning Departments. TRAFFIC STUDY: Approve the Traffic Study, making the findings listed below: Findines: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance�with Chapter 15.40 of the Newport Beach Municipal Code and City,Policy S-1. 1W . . 1 uw TO: Planning Commission - 6. 2. That the Traffic Study indicates that ,the project -generated traffic will neither cause nor make worse an unsatisfactory level of, traffic on any 'major; 'primary - modified;' or' primary' street. 3. That the revised Traffic Study No. 77 indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on five of the seven study intersections and that the ICU analysis for the sixth and seventh intersections indicate that the ICU values of the A.M. and P.M. peak will not be altered by the addition of the project at the intersections of Jamboree • Road and Campus Drive; and MacArthur Boulevard and Campus Drive. C. USE PERMIT NO 3424 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 perimeter fencing and a portion of the required parking (7 parking spaces) will be of no further detriment to -adjacent properties inasmuch as the proposed drive- in and take-out restaurant is part of a larger integrated development which is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site inasmuch as many customers will walk to the site from the surrounding offices. 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. I - 5. Adequate provision for traffic circulation is being made for the drive-in and take- out restaurant facility. 6. That the proposed modification to the Koll Center Newport sign provisions allow two 5 foot high 32 sq. ft. menu signs, one additional 5 square foot logo wall sign and one 6 foot high ground sign willnot, 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 or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the TO: Planning Commission - 7. City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 7. The approval, of Use Permit No. 3424 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, elevations and sign plans, except as noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the intersection of the private drive and Campus Drive provide sight distance in conformance with City Standard No. 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. The sight distance requirement may be modified at non -critical locations, subject to approval of the City Traffic Engineer. 4. That the on -site trash enclosure and Edison transformer be relocated in a location acceptable to the City Traffic Engineer so that vehicular and pedestrian sight distance is provided. 5. That the proposed monument sign at the comer of Von Karman Avenue and CamF is Drive be positioned so that sight distance is maintained in accordance with i .e City's sight distance standard 110-L. 6. That sidewalk be constructed along the Von Karman Avenue frontage and connect to the sidewalk located on the westerly side of the access driveway located at the southerly property boundary. The sidewalk shall be six (6) feet wide meandering or eight (8) feet wide, constructed adjacent to the curb. That the existing curb access ramp constructed out into the access drive be reconstructed so that the ramp is positioned behind the curb. The design of the revised access ramp shall be approved by the Public Works Department. That all work within the public right-of-way be completed under an encroachment permit issued by the Public Works Department. 7. That pedestrian access shall be provided from the Campus Drive entrance to the restaurant as approved by the Public Works Department. 6 TO: Planning Commission - 8. 8. Disruption caused by construction work along roadways and by movement of construction vehicles shall be min4mized 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. There shall be no construction storage; or delivery of materials within the Campus Drive or Von Karman Avenue rights -of -way. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to ,completion ,of the public improvements. 11. That the parking lot shall be lighted in such a manner as to prove adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. 12. That an -mechanical equipment and trash gear shall be screened from adjoining properties and from -adjoining -streets. 13. That the development standards pertaining to walls and 7 of the required parking spaces for the take-out restaurant shall be waived. 14. That only two wall identification signs, one logo wall sign, one 4 foot high (50 sq. ft. per face) ground sign (with a 4 inch portion of the trademark star to exceed the - permitted 4 foot height) and two drive -through menu signs shall be permitted, in conjunction with the take-out restaurant; unless otherwise permitted by the Koll Center DevelopmentStandards. 15. That the proposed directional signs shall not exceed 6 sgft. and shall not include the restaurant name. 16. 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. 17. 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. # 4 TO: Planning Commission - 9. 18. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 19. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, the City Traffic Engineer and Public Works Department. 20. That 102 off-street parking spaces (including the 10 spaces in the drive -up stacking lane) shall be provided. 21. That all,employees shall park .their vehicles on -site. 22. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 23. 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. 24. 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. 25. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 26. 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. 27. This use permit Shall expire unless exercised within 24 months from the date of approval as spc ified in Section 20.80.090.A of the Newport Beach Municipal Code. 28. 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. r.�. C ,: —H-1 P-c 0 P-c /L-----J LI BIRW srPMr � I u � w .pP s� I n R 4A 1 N 11 G� n P C F P-C .3u I Rage '9G�, Jr v , 1 y w a P-c ww� aas 4 w n w M4 P% j v + Twcr ih 73C1 , FC 1 IF y 1 � w, all m N eev. •e-w- a p• , t1 �, ISTRICTONG MAP DISTRICTING NEWPORT BEACH --CALIFORN II-, ,BIpP.UItIMI. 111�Rill. IIti 1MTIR[ IItl0O1ML e-1 fl11X[ •aa1C I.SWtlIRY. C-1 4,IR CPI,YIIRY. I e-, P.w[1t' a., NIIWJ. OOwt,011 - ' - •-, IeUI0.1Ctm tlA1Yll soar Of"OeRYL Y-1 YMYKTNM, � e. a rk I { � I �, ? �^ k 4 L: H �� TRAFRG'. N' 0 Property Development 222 South Harbor Boulevard • PO. Box 4999 Anaheim, CA 92803 • (714) 4914300 November 18, 1991 Mr. James Hewicker CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658-8915 RE: CKE #191-84 4880 Von Karmen Newport Beach, CA C.U.P. No. 3424 Dear Mr. Hewicker: Please let this letter serve as official notice of our intent to file for Amendment of Conditional Use Permit No. 3424. 1 believe the existing traffic study, based on book values, overstates the impact of the project at the Campus and Jamboree intersection. have contracted with the Traffic Engineer of Record, Mohle Grover & Associates and with the new data to be provided, we believe that the mitigation will not be required. I will immediately file all necessary paperwork. Sincerely, CARL KARCHER ENTERPRISES, INC. P Re Regional Site Development'Manager LR:ks NewBchlt cc: • D. Glenn B. Davis G. Hubbard K. McLeod tv COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: (714) 644-3200 Plan Check No: By:Genia Garcia, Associate Planner By:Christy Teague Assistant Planner By:Marc Myers Assistant Planner Date /— q�04� Address: ... C/d Corrections Required: �eV �%L /? Legal Description: LoBlobk Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Covenant required. Please have owner's signature document and return to me. 2� Lot Size J�� ` ` • '�� �� Zone _ Proposed Use Required Setbacks Front Rear Right Left Side .19 FAR WOE Lot area (site area sq.ft.): I Base Development Allocation (BDA): I Comm sq.ft. (0.5 x site area sq.ft.] unless specified in Land Use Element FAR permitted, without variance: (A) Comm res vkg6 Square footage permitted: Comm res nkg sq.ft./ [ (A) x site area sq.ft.) a) Maximum FAR allowed with variance: (B) Comm res okg(D ?(Q Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] q 4AZ notarized on the attached ilig yl � f �,�- �CY�(/ PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft,. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR: PROPOSED WEIGHTED DEVELOPM)N�Pe sq.ft. sq.ft. sq.ft. sq.ft. 6° sq.ft. [ F + site area sq.ft.,],,� I) FAR Use Category Weighting Factor Weighted Sq.Fti. (G) (H) ( G x H ) sq.ft. Base x 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. OTAL WEIGHTED SOXE(May not exceed BDA) Provide tissue overlay of a%slcu,lationa to verify provided square footage. RequiredParking Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact (.�-✓ In ieu Park >lg r�' -_ -Dimension building height as meas ed fronatural grade to average and maximum roof height t. Show natural grade line on all elevations ->k Show all rooftop mechanical equipment and dimension from grade directly below. 0 Indicate location of trash containers on site plan. Number of Stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. a•C n O _ Fair Share Contribution' ice! Z San Joaquin Hills Transportation Modifications committee Planning Commission: , Use Permit �rk%r 1// �"' 7 Variance Resubdivision/Tract Site Plan Review Amendment other \�` Public Works: Easement/Encroachment Permit Subdivision Engineer TrafficApproval Eof Lanr Approval of Landscape Plans i Building Department: ^9 Grading Engineer Parks Department: _ Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, Coastal Development Permit No. Agaver/Exemption REMARKS: If M1 i I I and elevations) L 'Y2 J� NOTE: 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. F0RMS\C0MM•Z0N.00R ° CONDITIONS OF APPROVAL USE PERMIT NO. 3424 6P) 4880 CAMPUS DRIVE PC NO. 7-92 CONDITION DEPARTMENT MITIGATION MEASURES 1. rLighting System ;yy! �-�pon1 0 Campus/Jamboree R�eesstriping Sbstantial Conformance 2. Parking, Vehicular Circulation 3. Improvements Site Distance 4. Trash/Transformer relocation 5. Sign 6. Sidewalk/access ramp 7. Pedestrian access 8. Construction Control 9. Improvements 10. of 11 11. Parking lot illumination 12. Mechanical equipment/ trash areas ACTION Building Prior to issuance, letter from Elect. Eng. 1- { `u ' - _ Traffic Engineer Hold on FI al — Planning Plans Approval Traffic Engineer Plans Approval Hold on Final Public Works Plans Approval Traffic Traffic - 11 Traffic " Public Works " 11 II T Traffic Plans Approval 11 11 11 it 11 It II It Planning Plans Approval /+ Field check #0/0( On NaJ Planning Plans Approval Field check Hold on final Conditions of Approval (continued) a 13. Parking spaces (7) Waived N/A /walls fit. Signs Planning Separate Permit rr Building Traffic 15. Signs It 16. Handicapped Building Plans Approval Planning Field check Traffic Hold on final Alcoholic beverages Planning Letter of Compliance (� Landscaping maintenance Planning it 19. Landscaping Planning Plans Approval PBR, Public Works Hold on final Traffic Letter from landscape architect 20. Parking spaces _Planning Plans Approval Traffic Hold on final - 3'ti Employee pkg Planning Letter of Compliance 22. Trash receptacles Planning Plans Approval Letter of Compliance Hold on final T 23. Washout area Building " 24. Grease interceptors Building 25. Exhaust fans Building " 26. Bathrooms Building Plans Approval 27: N/A 28. N/A Carolyn\GG\COA COMMISSIONERS 0 (01 January 9, 1994MINUTES ROLL CALL US CITY OF NEWPORT BEACH South Coast Air Quality Management District. Rat Coastal Commission approval shall be obtained prior to IJK issuance of the building permit for the dry cleaning B. That this use p 't shall expire unless exercised within 24 months from the a of approval as pacified in Section 20.80.090 A of the Ne ort Beach Mc icipal Code. 9. That the Planning Commiss may add to or modify conditions of approval to this use rout, or recommend to the City Council the revocation of t ' use permit upon a determination that the operation which istkgsubject of this amendment causes injury, or is detrimental 19,the health, safety, peace, morals, comfort, or general welh,,of the community. R t i Request to amend a previously approved use permit which permits the construction of a drive-in and take-out restaurant facility in conjunction with a new retail commercial building on property located in the "Retail and Service" area of the Koll Center Newport Planned Community. The approval also included: a request to allow a portion of the required off-street parking spaces to be provided within the proposed drive -through lane of the facility; a modification to the sign standards for the Koll Center Newport Planned Community; a traffic study, and the acceptance of an environmental document. The current proposal involves a request to amend the previous approvals by approving a revised environmental document which deletes a previous mitigation measure requiring the restripirig of a portion of the intersection at Campus Drive and Jamboree Road. -14- nup INDEX Item No.6 UP3424A TS N0.77A Approved COMMISSIONERS January � '1192 Mlt.._ TES .ROLL CALL fV B. Traffig ddv No 77 (Amended) !P„ lic Hearin Request to approve an amended Traffic Study so as to permit the construction of a 3,822± square foot (gross) retail building and a 4,188± square foot (gross) drive-in and take-out restaurant. LOCATION: Parcel 4 of parcel Map 7645 (Resubdivision No. 506), located at 4880 Campus Drive, on the southwesterly corner of Von Karman Avenue and Campus Drive, in the "Retail and Service" area of the Koll Center Newport Planned Community. ZONE: P-C APPLICANT: Carl Karcher Ent. Inc., Anaheim OWNER: Elco Partners, Newport Beach Commissioner Edwards stepped down from the dais because of a possible conflict of interest. _ 1 The public hearing was opened in connection with this item, and Mr. Lorenzo Reyes appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings, and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearine was closed at this time. amissioner Gross addressed comments in the staff report that •e may be a conflict with the City of Irvine regarding the rsection of Jamboree Road and Campus Drive. Don Webb, r Engineer, explained that portions of the intersection are tted in the City of Irvine and the City of Newport Beach. eral years ago the City of Irvine imposed additional conditions another applicant to widen the Jamboree Road and Campus ve intersection; therefore, staff added a mitigation measure that ed that the applicant would be required to restripe the :rsection prior to the issuance of Certificates of Occupancy on two buildings on the site. -15- WDEX COMMISSIONERS January y, iyy/, 44 MINUTES ROLL CALL Motion Ayes Absent k1* i The public hearing was reopened in connection with this item, and Mr. Reyes reappeared before the Planning Commission. In response to questions posed by Commissioner Gross, Mr. Reyes explained that the applicant disagreed with the traffic study that was prepared for the project, and a subsequent on -site analysis has indicated that the intersection will not be impacted; therefore, the foregoing mitigation measure could be deleted from the application. Mr. Ifewicker further replied tl It the applicant will not be required to go to the City of Irvine w -)reviously stated. The public hearing was closed at this time. Motion was made and voted on to approve Use Permit No. 3424 (Amended), Traffic Study No. 77 (Revised), and related environmental document, subject to the findings and conditions in Exhibit'W'. MOTION CARRIED. ENVIRONMENTAL DOCUMENT: Accept the -ntal document, making the following findings and the following the mitigation measure: That based upon the information contained in the Initial Study, comments received, and all related documents, there is no substantial evidence that the project, as conditioned or as modified by mitigation measure identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all -the requirements of CEQA, and is therefore approved. The Negative Declaration was considered prior to approval of the project. An Initial Study has been conducted, and considering the record as a whole there is no evidence before this agency that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. On the basis of the evidence in the record, this agency finds that the presumption of adverse effect contained in Section 753.5(d) of Title 14 of the -16- INDEX COMMISSIONERS 011 January 9, 1991MINUTES ROLL CALL California Code of Regulations (CCR) has been rebutted. Therefore, the proposed project qualifies for aDe Minimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. "LITIGATION MEASURE: 1. The project's outdoor lighting system shall be designed to minimize light spillage on to the adjacent sites to the extent feasible. Prior to the issuance of a building permit a licensed Electrical Engineer shall prepare electrical plans and, submit a written certification to the Building and Planning Departments that this requirement has been satisfied, unless otherwise approved by the Building and Planning Departments. B TRAFFIC �TCTDY Approve the Traffic Study, making the findings listed below: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy S-1. 2. That the Traffic Study indicates that the project -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on ,any 'major; 'primary -modified,' or 'primary' street. 3. That the revised Traffic Study No. 77 indicates that the project -generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on five of the seven study intersections and that the ICU analysis for the sixth and seventh intersections indicate that the ICU values of the A.M. and P.M. peak will not be altered by the addition of the project at the intersections of Jamboree Road and Campus Drive; and MacArthur Boulevard and Campus Drive. -17- INDEX COMMISSIONERS 0,- January N, 1992 MINUTES ROLL CALL USE PERMIT NO. 3424 Findings; i. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. That the waiver of the take-out restaurant developrent standards as they relate to perimeter fencing and a po ion of the required parking Q parking spaces) will be c no further detriment to adjacent properties inasmuch as the proposed drive-in and take-out restaurant is part of a larger integrated development which is not conducive to such standards, but is designed in a way that meets the purpose and intent of such design standards; and adequate parking is being provided on -site inasmuch as many customers will walk to the site from the surrounding offices. 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 requiredof 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. That the proposed modification to the Koji Center Newport sign provisions allow two 5 foot high 32 sq. ft. menu signs, one additional 5 square foot logo wall sign and one 6 foot high ground sign will not, 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 or be detrimental. or injurious to property or improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. The approval of Use Permit No. 3424 will not, under the circumstances of this case, be detrimental to the health, -18- INDEX 0January Y, 19YzMINUTES COMMISSIONERS ROLL CALL 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. ^renditions: 1. That development shall be in substantial conformance with the approved site plan, elevations and sign plans, except as noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the intersection of the private drive and Campus Drive provide sight distance in conformance with City Standard No. 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. 'Tlie sight -distance requirement may be modified at non -critical locations, subje&-to approval of the City Traffic Engineer. 4. That the on -site trash enclosure and Edison transformer be relocated in a location acceptable to the City Traffic Engineer so that vehicular and pedestrian sight distance is provided. 5. That the proposed monument sign at the corner of Von Karman Avenue and Campus Drive be positioned so that sight distance is maintained in accordance with the City's sight distance standard 110-L. Tbat sidewalk be constructed along the Von Karman Avenue frontage and connect to the sidewalk located on the westerly side of the access driveway located at the southerly property boundary. The sidewalk shall be six (6) feet wide meandering or eight (8) feet wide, constructed adjacent to the curb. That the existing curb access ramp constructed out into the access drive be reconstructed so that the ramp is positioned behind the curb. The design of the revised -19- INDEX COMMISSIONERS C' 1 0121. January 9, 199E MINUTES ROLL CALL access ramp shall be approved by the public Works Department. That all work within the public right-of-way be completed under an encroachment permit issued by the Public Works Department. That pedestrian access shall be provided from the Campus Drive entrance to the restaurant as s hproved by the Public Works Department. 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. There shall be no construction storage or delivery of materials within the Campus Drive or Von Karman Avenue rights -of -way. 9. That all improvements be constructed as required by Ordinance and the Public Works Department. 10. That arrangements be made with the? -Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 11. That the parking lot shall be lighted in such a manner as to prove adequate illumination to all areas of the lot without causing any light or glare to impact adjacent properties. 12. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 13. That the development standards pertaining to walls and 7 of the required parking spaces for the take-out restaurant shall be waived. 14. That only two wall identification signs, one logo wall sign, one 4 foot high (50 sq. ft. per face) ground sign (with a 4 inch portion of the trademark star to exceed the permitted 4 foot height) and two drive -through menu signs shall be -20- INDEX January 9, 199'L MINUTES COMMISSIONERS ROLL CALL permitted, in conjunction with the take-out restaurant; unless otherwise permitted by the Ko1LCenter Development Standards. 15. That the proposed directional signs shall not exceed 6 sq.ft. and shall not include the restaurant name. 16. 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. 17. 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. 18. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 19. That landscape plans shall be subject to review and approval of the Parks, Beaches and Recreation Department, the City Traffic Engineer and Public Works Department. 20. That 102 off-street parking spaces (including the 10 spaces in the drive -up stacking lane) shall be provided. 21. 'That all employees shall park their vehicles on -site. 22. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. That a washout area for refuse containers be provided in such away as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 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 -21- INDEX COMMISSIONERS January 9, 1992 MINUTES ROLL CALL the Building Department. • 25. That exhaust fans shall be designed to control smoke and odor, unless otherwise approved by the Building Department. 26. That one bathroom for ea h sex shall be provided and shall be -made readily available ) patrons of the facility during all hours of operation. 27. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 28. 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. Reques consider amending conditions approved by the Planning Commissio n November 7,1991 in conjunction with the approved construction o n 11 foot 6 inch± high retaining wall topped by a tempered glass screen, 3 feet 10± inches in height, for an overall height of 15 et 4± on property located in the R-1-B District. The approved is to be located on 12 contiguous lots, and is permitted to encroach within 14 feet of the front property line adjacent to East Coast High , where Districting Map No. 33 establishes required front yard set b ranging from 30 feet to 38 feet, and the Zoning Code limits suc construction to 3 feet in height. The proposed amendments to the proved plans consist of: relocating the proposed wall so as to en to within 11 feet of the front property line adjacent to East Coast ay; reducing the required number of steps the proposed wall is to a set back; and planting trees in the 10 foot wide water easement ' cent to East Coast Highway where no trees were originally permitte .The -22- INDEX Item No.7 • Mod 3928 No Action Taken L OLDS V CONDITIONS OF APPROVAL USE PERMIT NO.3424 4880 CAMPUS DRIVE PC NO.7-92 CONDITION DEPARTMENT MITIGATION MEASURES 1. Lighting System De 0 Ca mp /Jamboree Restriping 1. Substantial Conformance 2. Parking, Vehicular Circulation 3. Improvements Site Distance 4. Trash/Transformer relocation 5. Sign 6. Sidewalk/access ramp 7. Pedestrian access 8. Construction Control 9. Improvements 10. " „ 11. Parking lot illumination 12. Mechanical equipment/ trash areas Building Traffic Engineer Planning Traffic Engineer Public Works Traffic Traffic ' Traffic Public Works Traffic 11 It It it ACTION Prior to issuance, letter from Elect. Eng. Hold on F .al Plans Approval Plans Approval Hold on ,Final Plans Approval it It It Is it it Plans Approval 11 Plans Approval Field -check ;4 Plans Approval Field check Hold on final Conditions of Approval (continued) s 13. Parking spaces (7) Waived walls 14. Signs Planning 15. Signs 16. Handicapped 7. 1coholic beverages j 18. Landscaping maintenance 19. Landscaping 20. Parking spaces �mployee pkg 22 rash receptacles 23. Washout area 24. Grease interceptors 25. Exhaust fans 26. Bathrooms 27: N/A 28. N/A Carolyn\GG\COA Bmldmg Traffic Building Planning Traffic Planning Planning N/A Separate Permit Plans Approval Field check Hold on final Letter of Compliance ' Planning Plans Approval PBR, Public Works Hold on final Traffic Letter from landscape architect Planning = = =_-Plans Approval Traffic Hold on -final - Planning Letter of Compliance Planning Plans Approval Letter of Compliance Hold on final Building T T Building Building " Building Plans Approval /L _r T ONING CORRECTIONS COMMERCIAWINDUSTRIAL Telephone: (714) 644-3200 Plan Check No: By:Genia Garcia Associate Planner By:ChrietV Teague Assistant Planner By:Marc Myers Assistant_ Planner �oy �} Date• . Address: �/ ( "" Corrections Required: ,f�C�,�,a>,{'I �(,('%1�� 74 Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Covenant required. Please have owner's signature notapized on the attached document and return to me. 1J�1�i Lot Size V—9 1? (an�� Zone Proposed Use a/ 9 /9 ay Reuired Setbacks (p C,%�I,f Front Rear Right Side Left Side ) FAR WORKSHEET Lot area (site area sq.ft.): �� / `6 sq.ft. Base Development Allocation (BDA): f Comm sq.ft. [0.5 x site area sq.ft.] unless specified in Land Use Element FAR permitted, without variance: (A) Comm res nka Square footage permitted: Comm I res nka sq.ft. [(A) x site area sq.ft.) Maximum FAR allowed with variance: (B) Comm res nka. Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR• _ PROPOSED WEIGHTED DEVELOPMENTe- FAR Use Category (G) sq.ft. Base sq.ft. Reduced sq.ft. Maximum sq.ft. sq.ft. w sq.ft. '. sq.ft. [ F _ site area sq.ft. ] treighting Factor Weighted Sq.Ft. (H) ( G x -H ) x 1.00 sq.ft. X 1.67 sq.ft. X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calcula Required Par ing — Proposed parkin End Cate number Total On -Site Parking Standard Compact _ In -lieu Parking to verify provided square footage. stalls provided) Dimension building height as measured from natural grade to average and maximum roof height ,�- 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 room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. e .c Fair Share Contribution, S n Joarn+i i is Tr 6', SPECIAL APPROVAL�ED THROUGH: Modifications Committee s' I %/, �5O -mod ,529/Ciyly ^� V e mmiasion: 2 � _ srmi c> Resubdivision/Tract Site Plan Review Amendment Other Public Works: Easement/Encroachment Permit Subdivision Engines Traffic Engineer Building Department: Grading Engineer Parke Department: Approval of Landecape Plans lil Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit No. Waiver/Exemption (, i � krrp ewRs NOTE: 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. F0RHS\COHM•Z0N.COR n To: Building Department No Activity: ® In Plan Check: From: Planning Department�(744R Active Bldg Permit: Public Works Notified: Re: Hold on Bufldlljg Permit Final !n I , Plan Checker Notified: Address Plan Check No. 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 $ is DUE. S.J.H.T.C. Fee in the Amount of $ 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 Departmer fs; .PRIOR TO FINAL OF THE BUILDING PERMIT. to change theaes'cription 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. [ ] Other:. Units Demolished Units Built BY;��G�ttate��� Planning Department CC: Code Enforcement Plan Checker F:\WPSO\JAY\MEM\BP-HOLD.MEM rev 4-5-90 A ��ff NN1 ,,I. Fpvy LAii-3 DE, i1Y1 t,\. ^ITY OF NFVJPOrl T REACi Ali MAR 2 3 1992 FA1 718'91101n121112131niV' f` Property Development 222 South Harbor Boulevard • P.O. Box 4999 Anaheim, CA 92803 • (714) 491.4300 t March 18, 1092 Ms. Genia Garcia CITY OF NEWPORT BEACH 3300 Newport Beach Blvd. Newport Beach, California 92659-1768 Re: CARL'S JR. RESTAURANT 4880 Campus Drive CKE# 191-84 Dear Genial We are aware of all Conditions of Approval for our project and intend to comply.- Based on -our conversa- tion, I will specifically address items number 17-,21 and 22. Regarding item 17, we are fully aware that the sale of alcoholic beverages is prohibited unless an amended use permit is approved by the City. Regarding item 21, all employees will be directed to park on site. Finally regarding item 22, we will place trash receptacles for patrons in convenient locations both inside and outside the building. I hope this letter meets your requirements, please let me know if you need additional information. CARL KARCHER ENTERPRISES, INC. ,1 1or nzo A. Re es i Devel nt Manager cc:- G. Hubbard I I s=Nt! -INC7 RW-.ON I.OW I�G+oI= k"O. CN Mi -Nft WOMG'N I Ip SNPW 4W.CN. ' !Y2"CN•OtJ:''��� ''_J-- -' -- -i-� ®� 'dIOIG�tN W-BTL�TCT 1* � .0 . G=.cry4a� r'8.14r .'T'FIRU. .- cr p lu%4oppNrro t • j � � IraxB -re '1 t iv tA 64 ��.,� .I�21cIy/f�t+y j�� • _ �"�'' .al,. ,Yr '• ,ti. r•r�_r [ ..Its7+� }. ..\ �,� ' u' �' .a e^. is • (/tom •s , � - �• .. � 'aexlG•{`, _ a s•, �: •_ __ _� ''. . .r •�I t' .� ,fir^.. r r• .1 j'a_e r 1'.'. •1,! , ; ' —_—.._-...,._. �. 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