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Home My WebLink AboutEXC046_EXCEPTION PERMIT #46, 210 NEWPORT CENTER DR, EDWARDS' THEATRE MARQUEE SIGNr Edward8 Theatre& Circuit.,: Inc. 300 NemporL Center Drive, Neaporl heath, Calirornia %660 (2L4) 640-4600. Fax (214) 721-'[1'tU punk M. Ilaffar Via Preaidont i . Conocdvn • PardmiR6 Javier S. Planning Department P O Box 1768 Newport Beach CA 92658-9915 Subject: Sign Exception Permit No. 46. Dear W. Garcia: As per the letter sent to our office on December 3, 1997 eliminated the sparkling on our Marquee located at 210 Drive, Newport Beach. The sign in ready for your department to inspect and verify our compliance. If you are in need of anything further please do not hesitate to contact me at 714-640-4600. i Sincerely, ra . Haffar Vice President / PMH:nkn RECEIVED BY PLANNING MENT 'r'Y OFNpWPORTrBEACH J% 221998 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92658-8915 PLANNING DEPARTMENT- (714) 644-3200 December 3, 1997 Edwards Theater Circuit 300 Newport Center Drive P.O. Box 9099 Newport Beach, CA 92658-9099 Attn: Mr. Lawrence Davidson SUBJECT: Sign Exception Permit No.46, 210 Newport Center Drive, Neuport Beach. CA 92660 Dear Mr. Davidson: This letter will serve as notice that the existing sign which was the subject of the above mentioned exception permit is currently not operating in substantial conformance with the approval. The approval allowed for the perimeter of the monument sign to be animated by "the outline neon tubes around the perimeter of the sign which will dim in sequencefrom the bottom up creating a shadow effect moving tip the sides of the sign. " The Planning Director has observed the sign and notes that an area within the center of the sign is scintillating or sparkling. This animation was not presented at the Commission meeting or discussed in the staff report and is therefore not in substantial conformance with the current approval. You are requested to eliminate that portion of the sign animation and contact this department to schedule an inspection for verification of compliance. Thank you again for the opportunity to make clear the City's position on your situation. Should you have any questions please do not hesitate to contact me at the number above. Sincerely, Javie S. Garcia, AI AL Senior Planner attachment: Approved Monument Sign Plan Excerpt of Planning Commission Minute_ and Excerpt of Staff Report to the Commission, both dated July 7. 1994 F:\USERS\PLN\SHARED\2LETTERS\EP46LTR.DOC 3300 Newport Boulevard. Newport Beach Y•0• — r•2' _ IGII~IL�C,� �I131RIIIEIE TIRE IN imp-, LsilIC !pAtvir SIHAIDOWLA Nis D!CAlAI1vS U-1.y' 1-1 3'D. FOL9E0 BRASS SUPPORTS (FOR EXTERIOR APPLK;ATKNIJ. SCRIPT NEON TUBE. FORf.ED AND PAINTED ALUARJUM PANEL WITH 21 HIGH POL D NEL LBETT� `` BROADWAYTLETTERR STYLE fOF EXT. APP.} SINGLpoLOm BRASS CHAIN NNEL (FORppE��%T. APP.� C C BACK%FYGH NTEMO D H CEMENT PLASTER. E�XRO F rm 2 •NEON TUBES. BRASSS CHANNEL - NEON TUBES (FOR EXT APP 1 -EXT. CEM. PLASTER, SMOOTH FIN NUE EON TUIOMMYLLLITTESINC MODE S SIMULATE PLASTER OUOINS (BOTTOM 1 MA* FiQE LETTERSaOOIN WHIT' ACRYLIC PANELS ('BflOADWAI LETTER STYLE• CHANGEABLE 38•R. SHALLOW CURVE PLAS WITH 2•X4• SETBACK. EACH ; An W STONE CAP MOULI COLOR AND FLASH 70 f ATCt h=Y; PORT CENTER STANDAF FLAW_ F..SH GRANITE OR Pf t, IMP F�F ,�io�.n �y syti CITY OF NEWPORT BEACH ul LL CALL INDEX 25. That the Planning Commission shall review the illumination on the proposed landmark tower 90 days after the structure hs been illuminated. PermitE. ExceptiorL 4 • Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any j detrimental effect of the existing use. !t 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. }; 3. That the nature of the request is unique in that there are a limited number of the subject theater facilities of this size 1 throughout the county. i A. That the proposed signage will not set a precedent for other signs of a similar nature, inasmuch as the proposed ? location is within the Newport Center/Fashion Island Planned, Community and is consistent with other signs approved in Fashion Island. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development sball be in substantial conformance with the approved plot plan, and elevations. -34- a9 7FgMISSIONERS MINUTES CITY OF NEWPORT BEACH Jul 1994 LOLL CALL INDEX 2. That the identification sign -shall not exceed an overall height of 40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. 5. That the Planning Commission shall review the proposed freestanding identification/marquee sign 90 days after the structure has been illuminated. General Plan Amendment 94-2 Request to initiate amendments to the Newport Beach General Plan, as follows: D. Caltrans West: Possible modifications to the Land Use Element and Recreation and Open Space Element that would specifically authorize the transfer of 152 dwelling units from the site to any property in the City, grant park credits to the owner of the parcel to which the units are ansferred, and authorizing the transfer of development rig based upon a traffic equivalency to any zoning distri bject to the review and approval of the City Council. The request inclu an amendment of the Recreation and Open Space Element bange the designation of Caltrans West from a view park o community park; and an amendment of the Land Use ment to designate the site as Recreational and Environmen pen Space subject to development rights transfer. -35- D-1 GPA 94-2 (D) Cal - Trans Cont'd to 8/4/9, h�. TO: Planning Commission - 8. The following questions are asked on the application form regarding exceptions to the Sign Code. a. Why will the proposal' not be contrary to the purpose of the sign ordinance? b. What exceptional or extraordinary circumstances are involved? C. Why is an exception permit necessary to protect a substantial property right? d. Why will the proposal not be detrimental to the neighborhood? The applicant has provided the attached statement of support of the exception application. Sign Area and Heieht The Sign Ordinance establishes sign requirements for freestanding commercial buildings. In addition to wall mounted signage, the regulations allow one monument (pole) sign for each freestanding commercial building. The total sign area (per face) is not to exceed 200 square feet and the height of the sign shall not exceed 25 feet. Section 20.06.100 of the Municipal Code allows deviations from these requirements only upon the review and approval of the Modifications Committee if an exception is not required. However, inasmuch as the sign is animated, an exception to the Sign Code is required. The applicant proposes a freestanding sign that contains 476± square feet in area (per face) and is 40 feet in overall height. The sign will be located approximately 100 feet in front of the existing theater complex and 5 feet from the sidewalk adjacent to Newport Center Drive. Staff is of the opinion that the increased height of the sign structure in that location would result in an abrupt scale and is out of character for the surrounding area. Staff has determined that the proposed sign -would not be visible from surrounding residential areas. This is due to the fact that there are high rise office buildings directly across Newport Center Drive to the east, as well as to the north. Sign Animation Section 20.06.070 A (4) of the Newport Beach Municipal Code state that prohibited signs include those which are flashing or animated electrical signs. The same section does allow deviation from the above noted restrictions, only upon the review and approval by the Planning Commission of an exception permit. The style of the proposed sign animation is characterized by the outline neon tubes around the perimeter of the sign which will dim in sequence from the bottom up creating a shadow effect moving up the sides of the sign. Staff is not aware of any existing, permitted animated signage anywhere within the City, with the exception of the Hard Rock Cafe sign and feels that adequate signage can be provided without animation. 9 TO: Planning Commission - 9. The Public Works Department has indicated that the proposed monument sign located at the intersection of Newport Center Drive and the entry drive be limited so as not to impair sight distance of vehicles exiting the subject property. The appropriate condition of approval has been incorporated into the attached Exhibit "A". Comparison of Subject Sign and Hard Rock Cafe ien The Planning Commission and the City Council approved Modification Permit No. 4015, a request to permit the installation of a double faced, animated, blinking, identification pole sign for the Hard Rock Cafe that contains 257± square feet per face and is 40 feet high. The proposed free-standing monument sign proposed by the applicant is compared to the Hard Rock Cafe Sign in the following table: Sign Location HeIgM ,Size (sq.ft, per facet Mtanee from Public Sidewalk Theater: 40 ft. 475± sq.ft. 5± feet _ s + Hard Rock Cafe: 40 ft. 257+ sq.ft. 210_ feet, The Hard Rock Cafe sign is located in a portion of the parking Jot which is lower than the street and the public sidewalk. Staff is concerned that the proximity of the proposed free- standing sign to the public sidewalk and at the same grade elevation is abruptly out of scale as compared to the Hard Rock Cafe sign which is set back 210 feet and is located at a grade elevation substantially lower than that of the public sidewalk. Should the Planning Commission disagree with the applicant and wish to deny that portion of the request for the proposed sign, the following findings for denial are suggested and should be incorporated into the attached Exhibit "A". Findin s• 1. That the proposed increased height and sizein nj improvementsitthanimation the the sign would be detrimental to persons, property and neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That the approval of the proposed animated signage with increased height and size could set a precedent for the approval of other similar requests which could be detrimental to the area. 3. That there is no justification for approving the proposed increase height, size, and animation of signage, inasmuch as adequate identification can be provided without flashing or blinking and within the permitted 25 foot height and 200 sq.ft. per face permitted in the Sign Code. 4. That the proposed animation, increased height and size of the proposed identification sign is not compatible with the adjoining Fashion Island Planned -59 6 Edward& Theatre& Circuit, Inc. 300 Newport Center Drive, Newport, Beach, California 92660 (714) 640-4600, Fax (714) 7217170 Frank M. tlaEfar Ykr Prc idcnt coubwuon • conc lon • Parchu% January 19, 1998 Javier S. Garcia, AICP City of Newport Beach Planning Department P O Box 1768 Newport Beach CA 92658-8915 Subject: Sign Exception Permit No. 46. Dear Mr. Garcia: As per the letter sent to our office on December 3, 1997 we have eliminated the sparkling on our Marquee located at 210 Newport Center Drive, Newport Beach. The sign in ready for your department to inspect and verify our compliance. If you are in need of anything further please do not hesitate to contact me at 714-640-4600. Sincerely, ran . Haffar Vice President FMH:nkn (/ RECEIVED BY PLANNING DEPARTMENT Ty OF NEWPORT BEACH CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92658-8915 PLANNING DEPARTMENT - (714) 644-3200 December 3, 1997 Edwards Theater Circuit 300 Newport Center Drive P.O. Box 9099 Newport Beach, CA 92658-9099 Attn: Mr. Lawrence Davidson SUBJECT: Sign Exception Permit No.46, 210 Newport Center Drive, Newport Beach_ CA 92660 Dear Mr. Davidson: This letter will serve as notice that the existing sign which was the subject of the above mentioned exception permit is currently not operating in substantial conformance with the approval. The approval allowed for the perimeter of the monument sign to be animated by "the outline neon tubes around the perimeter of the sign which will dim in sequence from the bottom up creating a shadow effect moving up the sides of the sign. " The Planning Director has observed the sign and notes that an area within the center of the sign is scintillating or sparkling. This animation was not presented at the Commission meeting or discussed in the staff report and is therefore not in substantial conformance with the current approval. You are requested to eliminate that portion of the sign animation and contact this departmentto schedule an inspection for verification of compliance. Thank you again for the opportunity to make clear the City's position on your situation. Should you have any questions please do not hesitate to contact me at the number above. Sincerely, 146JtL- JaviefS. Garcia, AI Senior Planner attachment: Approved Monument Sign Plan Excerpt of Planning Commission Minutes and Excerpt of Staff Report to the Commission, both dated July 7. 1 y94 F;IUSERSIPLNISHARED\2LETTERS\rP46LTR.DOC 3300 Newport Boulevard, Newport Beach 1'-2- No. IGIE(L�Ca1� •II3IRIIIEIF _ �� IIiIJIRa1,.SS�1(C !PA��RIK d 8lHAID'lD�VVLAkNl)S 6.0' 3'D. POLISHED BRASS SUPPORTS (FOR EXTERIOR APPLICATION{. SCRIPT PEON TUBE. FORMED AND PAINTED ALUMINUM PANEL N1TH 21 HIGH POLISHED ETELITNNEL KBROAOWAYLERR STYLE FOEXT. APP.) SINGLE NEON PISEDBRSCHANNL (FOR EXT. AMP BACKLR WHITE WARM H EXTEROR CEMENT PLASTER, SMOOTH FINISH 2 - NEON TUBES. BRASS CHAPEL (FIN OR EXT. APP.) 'EXT. CEM PLASTER, SMOOTH FIN CONTINUOUSLY LIT NEON TUI PROGRESSIVELY SEOUENCWC MODE TO SIMULATE CLASSIC PLASTER QUOINS (BOTTOM 1 12• HIGH ACCENT POLISHED H MARQUEE LETTERS ON WHIT' ACRYLIC PANELS (-BROADWAI LETTER STYLE, CHANGEABLE 38'R SHALLOW.CURVE PLAS WITH 2'X4' SETBACK, EACH' •ADOQIAN' STONE CAP MOULT COLOR AND FMISN 70 MATCH NEWPORT CENTER STANDARI FLAME FINISH GRANITE OR Pf CITY OF NEWPORT BEACH Jul LL CALL INDEX 25. That the Planning Commission shall review the illumination on the proposed landmark tower 90 days after the structure hs been illuminated. ExceptionE. rmi 4 • Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. Findings: 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any j detrimental effect of the existing use. ; 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. ; 3. That the nature of the request is unique in that there are a limited number of the subject theater facilities of this size 1 throughout the county. i That the proposed signage will not set a precedent for a other signs of a similar nature, inasmuch as the proposed ? location is within the Newport Center/Fashion Island Planned Community and is consistent with other signs approved in Fashion Island. 5. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, and elevations. -34- a9 5,;A1A9SSI0NERS d Zo MINUTES . • 0114\1\001\1101%tko CITY OF NEWPORT BEACH July 7 1994 toLL CALL INDEX 2. That the identification sign -shall not exceed an overall height of 40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. 5. That the Planning Commission shall review the proposed freestanding identification/marquee sign 90 days after the structure has been illuminated. General Plan Amendment 94-2 D-1 Request to initiate amendments to the Newport Beach General CPA 94-2 Plan, as follows: (D) Cal- D. Caltrans West: Possible modifications to the Land Use Trans Cont d Element and Recreation and Open Space Element that to e/4/9, would specifically authorize the transfer of 152 dwelling units from the site to any property in the City; grant park credits to the owner of the parcel to which the units are ansferred, and authorizing the transfer of development rig based upon a traffic equivalency to any zoning distri bject to the review and approval of the City Council. The request inclu an amendment of the Recreation and Open Space Element t hange the designation of Caltrans West from a view park o community park; and an amendment of the Land Use ment to designate the site as Recreational and Environmen Open Space subject to development rights transfer. -35- moo' TO: Planning Commission - 8. The following questions are asked on the application form regarding exceptions to the Sign Code. a. Why will the proposal not be contrary to the purpose of the sign ordinance? b. What exceptional or extraordinary circumstances are involved? C. Why is an exception permit necessary to protect a substantial property right? d. Why will the proposal not be detrimental to the neighborhood? The applicant has provided the attached statement of support of the exception application. Sign Area and Height The Sign Ordinance establishes sign requirements for freestanding commercial buildings. In addition to wall mounted signage, the regulations allow one monument (pole) sign for each freestanding commercial building. The total sign area (per face) is not to exceed 200 square feet and the height of the sign shall not exceed 25 feet. Section 20.06.100 of the Municipal Code allows deviations from these requirements only upon the review and approval of the Modifications Committee if an exception is not required. However, inasmuch as the sign is animated, an exception to the Sign Code is required. The applicant proposes a freestanding sign that contains 476t square feet in area (per face) and is 40 feet in overall height. The sign will be located approximately 100 feet in front of the existing theater complex and 5 feet from the sidewalk adjacent to Newport Center Drive. Staff is of the opinion that the increased height of the sign structure in that location would result in an abrupt scale and is out of character for the surrounding area. Staff has determined that the proposed sign would not be visible from surrounding residential areas. This is due to the fact that there are high rise office buildings directly across Newport Center Drive to the east, as well as to the north. Sign Animation Section 20.06.070 A (4) of the Newport Beach Municipal Code state that prohibited signs include those which are flashing or animated electrical signs. The same section does allow deviation from the above noted restrictions, only upon the review and approval by the Planning Commission of an exception permit. The style of the proposed sign animation is characterized by the outline neon tubes around the perimeter of the sign which will dim in sequence from the bottom up creating a shadow effect moving up the sides of the sign. Staff is not aware of any existing, permitted animated signage anywhere within the City, with the exception of the Hard Rock Cafe sign and feels that adequate signage can be provided without animation. �f TO: Planning Commission - 9. The Public Works Department has indicated that the proposed monument sign located at the intersection of Newport Center Drive and the entry drive be limited so as not to impair sight distance of vehicles exiting the subject property. The appropriate condition of approval has been incorporated into the attached Exhibit "A'. Comparison of Subject Sign and Hard Rock Cafe Sign The Planning Commission and the City Council approved Modification Permit No. 4015, a request to permit the installation of a double faced, animated, blinking, identification pole sign for the Hard Rock Cafe that contains 257± square feet per face and is 40 feet high. The proposed free-standing monument sign proposed by the applicant is compared to the Hard Rock Cafe Sign in the following table: Sign Location Hejeht Size fso ft per face) p tancefromPublicSidewalk Theater: 40 ft. 475± sq.ft. 5± feet Hard Rock Cafe: 40 ft. ft. + _ s 257q. 210_ feet The Hard Rock Cafe sign is located in a portion of the parking lot which is lower than the street and the public sidewalk. Staff is concerned that the proximity of the proposed free- standing sign to the public sidewalk and at the same grade elevation is abruptly out of scale as compared to the Hard Rock Cafe sign which is set back 210 feet and is located at a grade elevation substantially lower than that of the public sidewalk. Should the Planning Commission disagree with the applicant and wish to deny that portion of the request for the proposed sign, the following findings for denial are suggested and should be incorporated into the attached Exhibit "A". Findings 1. That the proposed increased height and size in conjunction with animation of the sign would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20.of the Newport Beach Municipal Code. 2. That the approval of the proposed animated signage with increased height and size could set a precedent for the approval of other similar requests which could be detrimental to the area. 3. That there is no justification for approving the proposed increase height, size, and animation of signage, inasmuch as adequate identification can be provided without flashing or blinking and within the permitted 25 foot height and 200 sq.ft. per face permitted in the Sign Code. 4. That the proposed animation, increased height and size of the proposed identification sign is not compatible with the adjoining Fashion Island Planned -59 TO: FROM: SUBJECT: i 0 Planning Commission Meeting July 7. 1994 Agenda Item No. 4 CITY OF NEWPORT BEACH Planning Commission Planning Department A. General Plan Amendment No. 94-1(B) (Public Hearing) Request to amend the Ind Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach 0-21 B. Traffic Study No. 94 (Public Hearing) Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. 0 C. Use Permit No. 1527 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. " ►1b D. Exception Permit No. 46 (Discussion) Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' Big Newport Cinemas. `y 14_c K 19_'t � as7.9rs t♦�� Kz•4 - 1i� `� f �C tr /icr.G 1122. G Sra,y,�t TO: Planning Commission - 2. O LOCATION: Building and On -site Parking Sites: A portion of Parcel A of ParceL Map 25-1 (Resubdivision No. 260); and all of Parcel 1 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. *Off --site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ZONE: APF-H APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Application This application involves a request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes a request to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. The application also includes a request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. The subject facility is located on property in the APF-H District in Newport Center. In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commission may approve structures in excess of the basic height limit in any zone, subject to the securing of a use permit in each case. Chapter 20.33 of the Municipal Code also provides that theaters are permitted in the APF District, subject to the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code; traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. The construction of any signs in excess of permitted height and which are animated are subject to securing the approval of an exception permit as outlined in Section 20.06.060 of the Newport Beach Municipal Code. Suggested Action Hold hearing; close hearing; if desired, a) Adopt Resolution No. , recommending to the City Council adoption of General Plan Amendment 94-1(B), amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport 3� TO: Planning Commission - 3. Cinemas; and the acceptance of an environmental document; and b) Adopt Traffic Study No. 94, a request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and c) Approve Use Permit No. 1527 (Amended), subject to the applicable findings and conditions of approval set forth in the attached Exhibit "A"; and d) 1) Approve Exception Permit No. 46, subject to the applicable findings and conditions of approval set forth in the attached Exhibit "A'; or 2) Approve Exception Permit No. 46, but deny that portion of the application for increased size and height of the sign, subject to the findings and conditions set forth in the body of this report; or 3) Approve Exception Permit No. 46 but deny that portion of the application requesting animation, subject to the findings and conditions set forth in the body of this report. Environmental Significance In accordance with the California Environmental Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the initial study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" use. The proposed theater complex is supportive of the dominant uses within this designation and therefore is consistent with the requirements and guidelines of the Land Use Element of the General Plan. Subject Property and Surrounding Land Uses The subject properties consist of a number of developed parcels and a single parcel which contains the common area parking for those parcels and are currently developed with a portion of the Design Plaza Commercial Complex, the former Good Earth Restaurant and related parking in Block 200 of Newport Center. To the northwest and north, across Newport Center Drive is Coco's Restaurant and the Fashion Island Shopping Center beyond; to the northeast and east, is the Edwards Theatre Newport property, with a theatre facility containing three auditoriums and a total of 2,025 seats; to the south and southwest, across Farallon Drive, are professional offices; and to the west, across Anacapa Drive, is a car wash and office buildings beyond. d O TO: Planning Commission - 4. Back rg ound The original Edwards Theatre, located in the 300 block of Newport Center Drive, was established in conjunction with the Planning Commission's approval of Use Permit No.1347 at its meeting of March 21, 1968. Said approval permitted the construction of a 1,200 seat auditorium and included a requirement to provide 240 parking spaces based on a parking requirement of one parking space for each five seats. Said parking was approved on an off - site location in conjunction with the City Council's approval of an off -site parking agreement at its meeting of December 23, 1968. Said parking agreement provided a total of 240 parking spaces on property located at the southeasterly corner of San Miguel Drive and Newport Center Drive, and at the rear of the theatre, on sites that are directly adjacent to the theatre. It should also be noted that sometime after the approval of Use Permit No.1347, 52 additional seats were added to the auditorium although there is no record of such an approval. Attached for the Planning Commission's information is an excerpt of the Planning Commission minutes dated March 21, 1968. At its meeting of April 29, 1971, the Planning Commission approved Use Permit No. 1527 which involved a request to add a 500 seat theatre auditorium to the existing 1,252 seat theatre facility, on the neighboring theater site. The applicant, however, failed to implement his project within the prescribed period (18 months) and therefore, was required to obtain Planning Commission approval of an extension of time for Use Permit No. 1527. A one year extension was approved by the Planning Commission on October 19, 1972, and a second six month extension was granted on October 13, 1973. In accordance with the off- street parking requirement of one parking space for each five seats, the applicant was required to provide 100 additional off -site parking spaces for the theatre operation. Inasmuch as the additional parking spaces were available to the theatre at night and on weekends and holidays only, the weekday theatre matinees were limited to 1,250 seats. Said off -site parking agreement was approved by the City Council at its meeting of October 9, 1973. Attached for the Planning Commission's information are excerpts of the Planning Commission minutes for Use Permit No. 1527, dated April 29, 1971. At its meeting of October 23, 1986, the Planning Commission approved Use Permit No. 1527 (Amended) which involved a request to expand the existing neighboring theatre so as to add two additional theatres with a total of 600 additional seats. Said approval also included; the approval of a new off -site parking agreement so as to provide a portion of the required off-street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the southeasterly corner of San Miguel Drive and Newport Center Drive; the approval of a modification to the Zoning Code so as to allow the use of compact parking spaces; and the approval of a traffic study. Said action was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated October 23, 1986. It should also be noted that the approved'plans associated with this application indicated that the existing theatre facility contained 1,775 seats which exceeded by 23 seats the number of seats in the theatre permitted in conjunction with the April 29, 1971 approval of Use Permit No. 1527 (Amended). t a Planning Commission - 5. At its meeting of October 8, 1987, the Planning Commission voted to recommend approval of a Determination of General Plan Consistency for the transfer of 350 seats from the neighboring theatre site in Block 300 of Newport Center and 1,350 theatre seats from the Civic Plaza Planned Community, to Fashion Island. Said action was taken by the Planning Commission in conjunction with its consideration of various other applications associated with the establishment of the Fashion Island Planned Community Development Plan. Said transfer of seats was also approved by the City Council at its meeting December 14, 1987. At its meeting of January 7, 1988, in light of the above mentioned transfer of theatre seats, the applicant revised the previous plan for expansion of the existing Edwards Theatre located on the adjacent neighboring property, so as to include a single additional theatre containing only 250 seats. Said expansion increased the total number of seats to 2,025. The proposal also included a request to restripe the existing off -site parking areas so as to provide additional parking spaces through the use of compact parking spaces. At its meeting of August 20, 1992, the Planning Commission approved Use Permit No. 3455 a request to permit an expansion and alterations of the existing Muldoon's Irish Pub and Restaurant which included on -sale alcoholic beverages and an outdoor dining court, on property located in the C-O-H District. The proposal included a request to expand the "net public area" of the restaurant so as to add two new interior dining areas, an outdoor dining court, a second bar, and a game area containing one pool table. Said expansion utilized existing floor area currently used for office and retail purposes and an existing outdoor courtyard. Also included in the approval was a request for a reduction in the parking requirement to one parking space for each 50 sq.ft. of "net public area" which resulted in a parking requirement of 64 spaces. This use permit approval has not been fully exercised; however, the parking designated by the approval has been reserved by virtue of the partial implementation of the approval which included the continued use of the outdoor dining. An excerpt of the Planning Commission minutes of that meeting is attached for the Commission's information. At its meeting of March 18, 1993, the Planning Commission voted unanimously to recommend the approval of Resubdivision No. 997, a request to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF-H District in Newport Center of which the subject parcel is a part, with the findings and conditions of approval set forth in the attached excerpt of the Planning Commission meeting dated March 18, 1993. At its meeting of May 10, 1993, the City Council, in response to an appeal of the decision of decision of the Planning Commission filed by a neighboring property owner, continued this matter to the City Council meeting of May 24, 1993 as requested by the appellant. On May 24, 1993, the City Council continued this item again to its meeting of June 14, 1993 as requested by the appellant. At its meeting of June 14, 1993, the City Council voted (4 Ayes, 2 Abstentions and one Absent) to sustain the action of the Planning Commission and approved Resubdivision No. 997 subject to the findings and conditions contained in the staff report. An excerpt of the minutes of that meeting are attached for the Commission's 'TO: Planning Commission - 6. information. The map is currently at the County of Orange and should record in the near future. At its meeting of February 10, 1994, the Planning Commission voted unanimously to recommend to the City Council the initiation General Plan Amendment No. 94-1(B), a request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edward's Big Newport Cinemas, on property formerly occupied by the Good Earth Restaurant. At its meeting of February 28, 1994, the City Council approved the initiation of General Amendment No. 94-1 (B). Anal, The applicant is proposing to demolish the existing Good Earth Restaurant building and construct a three theater/auditorium facility in its place, located southwesterly of the existing theater complex and which will be connected to the existing Newport Cinema Complex by means of an enclosed bridge structure at the upper level. The structure will contain three levels: an entry level (entering from the deck of the existing theater, since they will share the same ticket box), the lobby level which will be the entrance to the individual theaters and will maintain a considerable waiting area, and an office level which will house some corporate offices of the executives of the company. The proposed expansion will provide an additional 897 seats bringing the total number of theater seats to 2,922 seats (2,025 existing + 897 additional seats = 2,922 seats, in 6 theaters). It should be noted that the number of theater seats will include seating areas for handicap patrons. Each of the three new auditoriums will provide 299 seats. Information submitted in conjunction with the Traffic Study No. 94 indicate that the hours of operation of the theater expansion will not open to the public until after 5:30 p.m. in the evenings, during the week, consistent with the operation of the most recent expansion of the theater complex approved in 1988 (see attached excerpt of Planning Commission minutes dated January 7, 1988). Increased Height Request In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commission or City Council in approving any Planned Community District, any Specific Area Plan, or in granting any Use Permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: (a) The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. (b) The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. TO: Planning Commission - 7. (c) The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. (d) The structure shall have no more floor area than could have been achieved without the Use Permit. The applicant has provided the attached responses to the four items outlined above. The applicant is of the opinion that the proposed development meets the criteria specified under Items No. (a) and (d) above in that without the use permit, the same amount of floor area can be accommodated within a lower building covering a larger area of the site. If this were to be done, the design would probably result in less open space and landscaped areas and might result in a less visually appealing development. All setbacks established by the Zoning Code will be maintained. With respect to Item No. (b) above, the applicant is of the opinion that the proposed location of the structure will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. The proposed structure is similar in size and scale to the existing buildings located on either side of the subject site. The applicant is also of the opinion that the tower structure creates a landmark for identification. With respect to Item No. (c) above, the applicant is also of the opinion that the proposed increased structure height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces and will remedy the currently existing abrupt scale situation caused by the existing low lying restaurant building. Staff concurs with the applicant's statements. Sign Exception The applicant has included with the project a request to permit the construction of a free- standing monument sign measuring 40 feet tall and which will be illuminated with exterior neon and interior lighting. The neon will be animated and will operate so as to increase in intensity from the bottom of the sign up to the top of the sign creating a shadowing effect. Applicant's Statement of Support In accordance with Section 20.06.090B of the Newport Beach Municipal Code, in order to grant an exception permit, the 'Planning Commission must find that the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.06, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. y O TO: Planning Commission - 8. The following questions are asked on the application form regarding exceptions to the Sign Code. a. Why will the proposal not be contrary to the purpose of the sign ordinance? b. What exceptional or extraordinary circumstances are involved? C. Why is an exception permit necessary to protect a substantial property right? d. Why will the proposal not be detrimental to the neighborhood? The applicant has provided the attached statement of support of the exception application. Sign Area and Height The Sign Ordinance establishes sign requirements for freestanding commercial buildings. In addition to wall mounted signage, the regulations allow one monument (pole) sign for each freestanding commercial building. The total sign area (per face) is not to exceed 200 square feet and the height of the sign shall not exceed 25 feet. Section 20.06.100 of the Municipal Code allows deviations from these requirements only upon the review and approval of the Modifications Committee if an exception is not required. However, inasmuch as the sign is animated, an exception to the Sign Code is required. The applicant proposes a freestanding sign that contains 476± square feet in area (per face) and is 40 feet in overall height. The sign will be located approximately 100 feet in front of the existing theater complex and 5 feet from the sidewalk adjacent to Newport Center Drive. Staff is of the opinion that the increased height of the sign structure in that location would result in an abrupt scale and is out of character for the surrounding area. Staff has determined that the proposed sign would not be visible from surrounding residential areas. This is due to the fact that there are high rise office buildings directly across Newport Center Drive to the east, as well as to the north. Sign Animation Section 20.06.070 A (4) of the Newport Beach Municipal Code state that prohibited signs include those which are flashing or animated electrical signs. The same section does allow deviation from the above noted restrictions, only upon the review and approval by the Planning Commission of an exception permit. The style of the proposed sign animation is characterized by the outline neon tubes around the perimeter of the sign which will dim in sequence from the bottom up creating a shadow effect moving up the sides of the sign. Staff is not aware of any existing, permitted animated signage anywhere within the City, with the exception of the Hard Rock Cafe sign and feels that adequate signage can be provided without animation. �f .- N Planning Commission - 9. The Public Works Department has indicated that the proposed monument sign located at the intersection of Newport Center Drive and the entry drive be limited so as not to impair sight distance of vehicles exiting the subject property. The appropriate condition of approval has been incorporated into the attached Exhibit "X. Comparison of Subject Sign and Hard Rock Cafe Sign The Planning Commission and the City Council approved Modification Permit No. 4015, a request to permit the installation of a double faced, animated, blinking, identification pole sign for the Hard Rock Cafe that contains 257± square feet per face and is 40 feet high. The proposed free-standing monument sign proposed by the applicant is compared to the Hard Rock Cafe Sign in the following table: Sin Location Height Size (sq.ft. per faced Distance from Public Sidewalk Theater: 40 ft. 475± sq.ft. 5± feet Hard Rock Cafe: 40 ft. 257± sq.ft. 210± feet The Hard Rock Cafe sign is located in a portion of the parking lot which is lower than the street and the public sidewalk. Staff is concerned that the proximity of the proposed free- standing sign to the public sidewalk and at the same grade elevation is abruptly out of scale as compared to the Hard Rock Cafe sign which is set back 210 feet and is located at a grade elevation substantially lower than that of the public sidewalk. Should the Planning Commission disagree with the applicant and wish to deny that portion of the request for the proposed sign, the following findings for denial are suggested and should be incorporated into the attached Exhibit W'. Findings: 1. That the proposed increased height and size in conjunction with animation of the sign would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That the approval of the proposed animated signage with increased height and size could set a precedent for the approval of other similar requests which could be detrimental to the area. 3. That there is no justification for approving the proposed increase height, size, and animation of signage, inasmuch as adequate identification can be provided without flashing of blinking and within the permitted 25 foot height and 200 sq.ft. per face permitted in the Sign Code. 4. That the proposed animation, increased height and size of the proposed identification sign is not compatible with the adjoining Fashion Island Planned rianning Commission - 10. O Community District Regulations, is not consistent with the Sign Code which is applied to all other commercial districts of the City, nor is it consistent with sign standard of other commercial Planned Community Districts. 5. That given the uniqueness of this Edwards Theater Complex that has been portrayed by the applicant, it is apparent that the main attraction of the facility does not necessitate an identification sign of such increased height, size and animation. 6. That signs of the type proposed are better suited within a more traditional downtown metropolitan setting other than Fashion Island, Newport Center or the City of Newport Beach. Emposed Off -Street Parking The required parking for the existing Muldoon's Restaurant and remaining permitted office and retail uses within Design Plaza generate a requirement for 563 parking spaces (140,600± sq.ft. _ 250 = 562.4 or 563 spaces) for the office/retail use and 64 parking spaces for the Muldoon's Restaurant, for a total of 627 parking spaces. The proposed theater complex will result in a loss of 9 existing parking spaces on -site and 6 spaces on the common parking lot site immediately adjacent. As shown on the attached site plan included in the traffic study, the existing parking areas provide 677 parking spaces, except for 64 parking spaces allocated to Muldoon's Restaurant, 613 spaces available to the proposed theatre complex in the evenings, weekends and holidays. The applicant also intends to restripe the parking lot so as to generate a total of 668 parking spaces in Block 200. Based on parking requirements for public assembly uses, one parking spaces for each 3 seats would generate a requirement of 299 parking spaces (897 seats _ 3 = 299 spaces). The applicant is not proposing to provide required off-street parking, across Newport Center Drive, in the Fashion Island parking lot. However, staff is of the opinion that inasmuch as the existing theater complex has an informal agreement to allow 60 parking spaces to be utilized in the Fashion Island parking lot, people will not differentiate between which theaters the parking applies and will continue to park in Fashion Island parking lot. Staff has recommended in the past that some type of barrier be erected or grown so as to deter pedestrians from jaywalking across Newport Center Drive. In discussing this issue with the applicant, he has indicated that a low wrought iron fence could be placed in the landscape planter area between the Fashion Island parking lot and the public sidewalk, which would cause theatre patrons to walk to the corner before crossing Newport Center Drive. If such a barrier could be installed, staff would have no objections to the continued use of the Fashion Island parking lot. An alternative to a wrought iron fence may be a hedge or row of shrubs measuring 30 inches high and 30 inches wide covering the length of the sidewalk fronting along Newport Center Drive. The existing hedge currently has openings for pedestrians to cross Newport Center Drive at unsignalized locations. The appropriate condition of approval has been incorporated into the attached Exhibit "A". /V ['O: Planning Commission - 11. The applicant is also designing a sign program which will inform and direct patrons to the parking lot locations for the theater complex. The applicant will be working with the City Traffic Engineer in the design and placement of the proposed directional signage. Traffic Study No. 94 The proposed development will generate a significantly higher traffic volume than the former restaurant use previously occupying the property. Therefore, a traffic study was required to determine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine the consistency and conformity of the project with the City's Circulation Element. The City Traffic Engineer identified the following eight (8) intersections for detailed evaluation in the traffic study. 1. MacArthur Boulevard at San Joaquin Hills Road 2. MacArthur Boulevard at San Miguel Drive 3. Jamboree Road at San Joaquin Hills Road 4. Jamboree Road at Santa Barbara Drive 5. East Coast Highway at Jamboree Road 6. East Coast Highway at Newport Center Drive 7. East Coast Highway at Avocado Avenue 8. East Highway at MacArthur Boulevard The first step in evaluating an intersection's traffic volume capacity is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects that the City has granted approvals. If the project's generated traffic is less than one percent traffic volume on all approach segments to the selected intersections during the projected peak 2-1/2 hour volume in either the morning or afternoon , then the project's traffic impact is considered insignificant and in compliance with the City's Traffic Phasing Ordinance requirement. In the event that the project's generated traffic exceeds the one percent traffic volume analysis on any approach leg to any of the selected intersections, then further analysis would be required which consists of Intersection Capacity Utilization (ICU) analysis. The one percent traffic volume test was applied to the selected intersections and two of the intersections exceeded the maximum one percent volume test. The intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center exceeded 1% of the intersection traffic volume; therefore, further ICU analysis for that intersection became necessary. The ICU analysis indicated that the intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport' Center are operating at acceptable level of service for the PM peak period. The intersection of MacArthur Boulevard/San Miguel Drive, currently maintains a Level of Service "B" with an ICU value of 0.63 and the intersection of East Coast Highway and Newport Center Drive maintains a Level of Service "A" with and ICU value of 0.41, less than required by the City's Traffic Phasing Ordinance. The proposed T;Q: " Planning Commission - 12. project would generate no trips in the morning peak hour and would generate additional trips in the evening peak hour. The additional trips on westbound approach at MacArthur Boulevard/San Miguel Drive and the eastbound approach at East Coast Highway/Newport Center Drive generated by the project would not deteriorate the existing ICU value or level of Service at the intersection. Therefore, the proposed project would not have any significant impact on the City's circulation network. The ICU analysis is contained in the Traffic Study. The Traffic Study for this project indicates that the proposed additional three theater/auditoriums would generate 660 trip ends per day. Parking, Study Also included with the Traffic Study No. 94, was a detailed analysis of parking demand for the existing and proposed theatre/development. It was the determination of the consultant that there is adequate available parking in block 200 and 300 for the expanded operation. Combining of Parcels Required The plans submitted with this application indicate that portions of the proposed theater structure is to be constructed across an existing interior lot line. Inasmuch as this is not consistent with Section 20.87.090, or the Uniform Building Code, the applicant has been apprised of the situation and has agreed that either the structure will be redesigned so as not to cross the lot line or a lot line adjustment will be filed to either relocate the lot line or to eliminate the interior lot line joining the two parcels into a single building site. Either of the solutions will be adequate to satisfy the requirements of both the Planning Department and the Building Department. The appropriate conditions of approval have been incorporated into the attached Exhibit "A". Specific Findings and Recommendations Chapter 15.40 of the Municipal Code requires that the Planning Commission make certain findings in conjunction with its approval of a traffic study. Section 20.80.060 of the Newport Beach Municipal Code also provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Traffic Study No. 94, Exception No. 46 and Use Permit No. 1527 (Amended), the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. No exhibit for denial has been provided, inasmuch as staff is of the opinion that no findings may be reasonably made in support of the denial of these applications, other than for the exception to theSign Code discussed above. However, should information be presented at the public hearing which warrants a denial of these applications, the Planning Commission may wish to take such an action. la v TO: Planning Commission - 13. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By y�'s Ja er S. Gard Senior Planner Attachments: Exhibit "A' Vicinity Map Negative Declaration Excerpt of Planning Commission Minutes dated March 21, 1968, April 29, 1971, October 23, 1986 and January 7, 1988 Excerpt of City Council Minutes dated June 14, 1993 Letter of Justification from Applicant Regarding Height Request Letter of Justification from Applicant Regarding Sign Request Traffic Study No. 94 Resolution Site Plan, Floor Plans and Elevations L/3 TO . Planruag Commission - 14. O MCA - EXHIBIT "A" ACTIONS FOR GENERAL PLAN AMENDMENT NO. 94-1(B) AND FOR TRAFFIC STUDY NO. 94, AND FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1527 (AMENDED) AND EXCEPTION PERMIT NO. 46 A Environmental Document: 1) Accept the Environmental Document with the following findings and mitigation measures: Findings: 1. That during the course of construction pollutants from machinery, delivery trucks, and workers' vehicles would be released. In addition, dust would be generated by earthmoving and construction operations. The following mitigation measures are required in order to reduce these impacts below the level of significance. 2. That the proposed project could produce light and glare that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting features around the new building, directional signs and security lighting as required. The following mitigation would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. That since the proposed use is inconsistent with the City's General Plan, the following mitigation measure is required to eliminate potentially significant effects to land use. 4. That the distance of some of the proposed parking spaces, combined with the lack of easy access to the southerly parking areas, raised the concern that some patrons may choose to park in the Fashion Island area and jay -walk across Newport Center Drive to the theaters, which would create a public safety problem. That this concern could be substantially reduced by the following mitigation measures. 5. That the project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. As a result, the applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K-5 and K-6 regarding archaeological and paleontological surveys and recovery of resources. 6. That on the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly ZO Planning Commission - 15. degrade the quality of the environment. 7. That there are no long-term environmental goals that would be compromised by the project. 8. That no cumulative impacts are anticipated in connection with this or other projects. 9. That there are no known substantial adverse affects on human beings that would be caused by the proposed project. Mitigation Measures 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 15.04.140) and AQMD Rule 401 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low -emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines e) Use of low -sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 3. That prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. That prior to issuance of a building permit for any theater expansion, a General -Plan amendment shall be approved to allow an additional �� TO: Planning Commission - 16. `0 �H 4 897 theater seats in Newport Center Block 200. 5. That prior to issuance of a building permit for the theater expansion, a parking control plan acceptable to the City Traffic Engineer shall be submitted by the applicant. The plan shall address parking lot restriping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., lighting) so as to minimize illegal parking, congestion and idling during peak periods. 6. That prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. 7. Prior to issuance of a certificate of occupancy for the theater expansion, a pedestrian barrier meeting the approval of the City Traffic Engineer shall be installed adjacent to Newport Center Drive between San Miguel Drive and Anacapa Drive. 8. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K-5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B. General Plan Amendment No. 94-1(B): 1) Adopt Resolution No. , recommending to the City Council adoption of General Plan Amendment 94-1(B), amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and C TRAFFIC STUDY NO 94: 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 'primary' street. 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 seven of the eight study intersections and that the ICU analysis for the intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center TO: Planning Commission - 17. Drive, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project. USE PERMIT NO 1527 (Amen dedl: Approve subject to the applicable findings and conditions of approval set forth below. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 2. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. That the off -site parking areas are located so as to be useful to the proposed theatre use. 5. That the parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 6. That the increased building height would result in more public visual open space and views than is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. 7. That the increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone in that the tower structure and lobby cupola create a landmark for identification and tie in architecturally to the proposed building. 8. That the increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments, inasmuch as the proposed structure is similar in size and scale to the existing buildings located on either side of the subject site which does not abruptly impact public spaces. ill have no more floor area than could have been 9. That the proposed structure w achieved without the use permit. 10. The approval of Use Permit No. 1527 (Amended) 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 7 TO. U - r Planning Commission - 18. injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off- street parking, is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527, and Use Permit No. 1527 (Amended) shall remain in full force. 3. That the mid -week daytime matinees shall be prohibited and that screeings shall not begin until after 5:30 p.m. in the evening on weekdays. 4. That a minimum of one parking space for each 3 seats (299 parking spaces) shall be provided for the subject theatres on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 897 seats (Block 200). 5. That a continuous, permanent barrier, at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. In the case of a plant barrier, the plants shall be a minimum of 30 inches high and 30 inches across shall be established between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 6. That the on -site vehicular and pedestrian circulation systems shall be approved by the City Traffic Engineer. 7. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress, except as noted in the following conditions of approval. 8. That amended off=site parking arrangements shall be approved by the City Council guaranteeing that the following off -site parking location shall be provided to the subject theatre: a. Parcel 3 of Parcel Map 93-106 (Resubdivision No. 997) located in the common parking lot bounded by Newport Center Drive, Anacapa Drive, Farallon Drive and Block 300 Theater Plaza. Said parking shall be for the exclusive use of the theatre and shall provide a minimum of 299 parking spaces. p Planning Commission - 19. 9. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 10. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 12. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 13. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation -of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 15. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. That all access to the buildings be approved by the Fire Department. 18. That all applicable conditions of approval of Resubdivision No. 997 shall be fulfilled. 19. That disruption caused by work along roadways and by the 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 accordancewith state and local requirements. There shall be no construction storage or delivery of materials within the Newport Center Drive Right -of -Way. 20. That the proposed marquee monument sign shall be setback from the Newport Center Drive public sidewalk in. order to provide -'adequate sight distance in conformance with the City's Sight Distance Standard 110_L. 21. That handicap access shall be provided through the entry driveway median on Newport Center Drive and the design shall be approved by the Public the new Department. That all work shall be completed prior to occupancy of theaters. TO: Planning Commission - 20. 22. That all improvements be constructed as required by ordinance and the Public Works Department. 23, That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. 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. E Exceotion Permit No. 46: Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. Findings: 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. 3. That the nature of the request is unique in that there are a limited number of the subject theater facilities of this size throughout the county. 4. That the proposed signage will not set a precedent for other signs of a similar nature, inasmuch as the proposed location is within the Newport Center/Fashion Island Planned Community and is consistent with other signs approved in Fashion Island. 5. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, and elevations. 2. That the identification sign shall not exceed an overall height of 40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4., That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. ;i 1 40'-011 37'-211 31'-411 271- 1" 22'-1011 19'-411 17'-0" I cq IFIEILICAv UlFlifif TUIL 11AA�(O 04 '-11211R ASSIC PAVVIK cm �IF1aUD�O\W IL a� �'DS I� " cm ��C'F1IyIDLIE'� IL11S f 6'-011 Ix •� •�. �. .•1• �• •_• ITT • _ R" BASE FRONT AND REAR ELEVATION 3"D. POLISHED BRASS SUPPORTS (FOR EXTERIOR APPLICATION). SCRIPT NEON TUBE. FORMED AND PAINTED ALUMINUM PANEL WITH 21" HIGH POLISHED BRASS INDIVIDUALLY LIT CHANNEL LETTERS ("BROADWAY" LETTER STYLE FOR EXT. APP.). SINGLE NEON TUBE IN 3" WIDE POLISHED BRASS CHANNEL (FOR EXT. APP.). 4" WIDE WHITE ACRYLIC SPACER WIT BACKLIT HIGH -INTENSITY WARM HALC EXTERIOR CEMENT PLASTER, SMOOTH FINISH. 2 - NEON TUBES. 3 - NEON TUBES IN 3" WIDE POLISHED BRASS CHANNEL (FOR EXT. APP.). 'EXT. CEM. PLASTER, SMOOTH FIN. 16" HIGH POLISHED BRASS INDIVIDUALLY LIT CHANNEL LETTERS ("BROADWAY" LETTER STYLE FOR EXT, APP.). CONTINUOUSLY LIT NEON TUBES WITI PROGRESSIVELY SEQUENCING DIM MODE TO SIMULATE CLASSICAL PILASTER QUOINS (BOTTOM TO TOP). 12" HIGH ACCENT POLISHED BLACK MARQUEE LETTERS ON WHITE ACRYLIC PANELS ("BROADWAY" LETTER STYLE, CHANGEABLE). 38"R. SHALLOW CURVE PILASTER WITH 2"X4" SETBACK, EACH SIDE. "ADOQUIN" STONE CAP MOULDING, COLOR AND FINISH TO MATCH NEWPORT CENTER STANDARDS. FLAME FINISH GRANITE OR POLISHED MARBLE TILE ACCENTS, COLOR TO B SELECTED. 24"X 1 r6" RUNNING BOND "ADOQUIN" STONE VENEER, COLOR AND FINISH TO MATCH NEWPORT CENTER STANDARDS. INTEGRAL COLOR CONCRETE CURB, ACCENT "ADOQUIN" STONE. MARQUEE SIDE ELEVATION M O 'N U M E N T S I GN EDWARDS BIG NEWPORT CINEMAS ELEVATIONS 300 NEWPORT CENTER DRIVE T R I P L E X A D D I T 1 0 N NEWPORT BEACH, CA ROOF PLAN PLAN SECTION # 1 SCALE: 1 /2"=1'-0" 1 0111 ' 2' 4' n PA POy,� 12' 1 DATE : 2- 18-94 0 . A 11 RECTILINEAR PLANTER POTS ON SHELF AT ELEV. 175.3 EXISTING OFFICE BUILDING - I COURTYARD NEW 40' MARQUEE MONUMENT SIGN I III i E N T R Y / P R O J E C T I O N L E V E L E D W A R D S B I G N E W P O R T C 300 NEWPORT CENTER DRIVE T R I P L E X A D D I T 1 O STAIRS TO EXISTING BUILDING (42 STEPS) P L A N t M A 5 NNEWPORT BEACH, CA. THIS IS NOT A CONSTRUCTION DOCUMENT SCALE 1 / 16" = 1' - 0" DATE 0' 10' 20' 40' 60' 100' 1 - 28 - 94 , EXCEPTION PERMIT APPLICA7 ONO. CITY OF NEWPORT BEACH Applicatn qan Rec'd by� Fee: $ PLANNING DEPARTMENT 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 Applicant (Print) BD44ARDS THEATRES CIRCUIT, INC. Phone I/v Mailing Address 300 Newport Center Drive, P.O. Box 9099, Newport Beach li I> vine Co. (until close of escrow#6284 71-11Yi title will Property owner vestin Edwards' Theatres Circuit, Inc. Phone .Z+r1,57 c 0 Mailing Address300 Newport Center Drive, PO BOX 9099 Newport Beach, CA 92656909! 4J Address of Property Involved 210 Newport Center Drive Necoport Beach, CA b 0 Purpose of Application (describe fully) To obtain a use permit for a motion q picture exhibition theatre complex under TabH20.33 Land Uses. 0� U t� d� U) co A n7 Vacant, abandoned restaurant an 0 zone APF Present Usesurrounding. common area. Professional& 'p o Financial Commercial & support reBail & Legal Description of Property Involved (if too long, attach separate sheet)service uses. +J 6 Parse 1 of Parcel IRap 93-106 (consisting of parcel 1 as per map filed in PRook 36 page 35 of Parcel Maps in the Office of the Orange County Recor er,& g mall easements appurtenant thereto and portions of Parcel 3 in Book nu,page36 43r4of the Parcel Maps in the Orange County Recoder,& all easements appurtenant Why will proposal not be contrary to the purpose of the Sign ordinance? In regards to this guestion. please refer to Attached essay a m * and a - Exceptional or extraordinary circumstances involved? In regards to this question, please refer to attached essay answers A and B. Why is an exception permit necessary to protect a substantial property right? In regards to this guestion please refer to attached e_g= answer Q. Why will proposal not be detrimental to the neighborhood? In response to this question, nl ,..,.fpr to attAch. i .,sue .,..g C' And n --- OWNER'S AFFIDAVIT (I) (We) Edwards' Theatres Circuit, Inc. depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowl.c e an e f. �/ Edw r s_' Thea res Circuit, Inc. �wrence'H.'Davidson Executive vice rresiac NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. Date Filed Hearing Date P. C. Action Appeal C.C.Action__J DO NOT COMPLETE APPLICATION BELOW THIS LINE Fee Pd Receipt No. C.C.Hearing Date 13 a -WITY OF NEWPORT BEAM# ^COUNCIL MEMBERS CALL S August 8, 1994 Motion All Ayes Motion All Ayes Motion All Ayes x x K. 30 31. Annual 5k Run and Walk, 10k Run and lk Kiddie Run on Sunday, October 23, 1994 from, 7:00 a.m. and continue until 10.30 a.m. Turner inquired for this event noted 7:00 ration indicates into the starting inasmuch as the a.m., but the 6:00 a.m. TheOtty Manager advised that the event will gin at 7:00 a.m., and therefore, motion was made by Mayor Turner to approve he recommended action. BA-001, 9,700 - To provide for replacemen of vandalized cleansweep boat, which was damaged beyond repair; Equipment Ma tenance-Purchasing Fund. In response o Council Member ed stated that t effective tool i Bays; however, it in the "tighter" shore and in and slips, and for this recommending rep Cleansweep boat. question raised by gas, the City Manager Water Raka is an the Upper and Lower oes not work as well ocations closer to a and the piers and ason the staff is lac ment of the In view of the foregoi , motion was made by Council Member He es to approve the recommended action. BA-003, $16,662 - To p vide for donations to Newport Bea Public Library ; In clarifying this item for u Member Hedges, the City Manager t that the source of funds are private donations, and the purpos this amendment is to properly code accounts those monies ultimately into. In view of the foregoing, motion was made by Council Member Hedges to approve the recommended action. Mayor Turner opened the public hearing regarding: GENERAL PLAN AMENDMENT NO. 94-10): Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas, and the acceptance of an Environmental Document on property located at 300 Newport Center Drive; and TRAFFIC STUDY NO. 94: Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and Volume 48 - Page 273 MINUTES I_ ►ili_ . BA-001 (40) BA-003 (40) "ITY OF NEWPORT BEACH# ' COUNCIL MEMBERS MINUTES �- ROLL CRLL August 8, 1994 INDEX .Richard Demmer, 2812 Cliff Drive GPA 94-2 Gary Seaton, representing Newport Crest Homeowners Association Jan Vandersloot, 2221 16th Street Louisa Greeley, 16 Swift Court In response to question raised by Council Member Mart regarding the purchase of this property, the City anager noted that the City will not be ursuing the acquisition of this site, a d the matter under consideration at t s time is only to change the land use de gnation of the General Plan to allow cps space uses on this property. How' er, it would be the City's goal to have the Armstrong Oil property owner porch se this property from CalTrans, and i lieu of developing open space on their roperty, they would develop CalTran West for their open space to comply th the requirements of their developm t. It would be up to the City to maint n the park site once it is developed. Ralph H. No , Deputy District Director, Office of Ri t of Way, State Department of Transport ion (CalTrans), addressed the Council in 0000sition to the proposed Gene al Plan amendment, and stated this iss a has come up before and they objected the proposal at that time as well. y feel they are being put in a position of having to deal with this matter "some at under the gun." He requested they be iven an opportunity to meet with at ff and interested individuals to see at can be worked out before the Council proceeds further. The City Manager poin ad out that he, along with the City A orney and City Engineer, met with Mr. eal on June 15 to discuss this issue; however, more dialogue will take pla during the initiation process if sta is directed to proceed. Motion x Motion was made by Council mbar Dobay to direct staff to meet with alTrans to resolve the outstanding is ues, and schedule this item for con deration with revised or existing endment language in October of this yea . Motion x Substitute motion was made by cil Ayes x Member Watt to direct the s f to initiate General Plan Amendment No. 94-2 Noes x x x x x x at this time so that discussions ith Caltrans can take place immediat ly, which motion FAILED. All Ayes The original motion was voted on a d carried. 29. Report from the Community Services Special Supervisor recommending approval of Events Special Events Application No. 94-150 by Apl 94-150 the Kiwanis Club of Newport Beach, Costa o (27) Mesa and Irvine YMCA hold their loth Volume 48 - Page 272 WITY OF NEWPORT BEACH` COUNCIL MEMBERS M r\�S'1,�� August 8, 1994 MINUTES M19 RVLL %,nLL USE PERMIT N0. 1527 (AMENDED): Request U/P 1527(A' to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property within the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking; and EXCEPTION PERMIT N0. 46: Request to allow the construction of a 40 foot high free standing,animated identification/marquee sign for the Edwards "Big Newport Cinemas." Report from Planning Department. Council Member Hedges and Sansone stepped down from the Council dies, and vacated their chairs at this time indicating a possible conflict of interest. The Planning Director reported that the purpose of this amendment is to add 897 seats in •a three theater complex to Block 200 of Newport Center on the site of the former Good Earth restaurant. With the addition as prepared, the General Plan will allow as many as 2947 seats in six theaters, although only 2886 seats are currently planned. In conjunction with this issue, a traffic study was performed for the prepared project, and the study found that on seven of the eight intersections analyzed, the generated traffic would not be greater than 1% of the existing 2.5 hour peak period, and that at the intersections of MacArthur and San Miguel, and Coast Highway and Newport Center Drive, the ICU values for the A.M. and P.M. peak would not be altered. With regard to parking, the Planning Director stated the applicant proposes to provide a minimum of 299 additional parking spaces in Block 200 of Newport Center for use at night, holidays and weekends. These are common area spaces owned by The Irvine Company. At the time this application was being processed through the Planning Department, there was considerable discussion regarding the use of the existing parking spaces on the inside of the ring road adjacent to Robinsons, and a proposal is currently being studied to allow curb side parking on Newport Center Drive. Due to the safety problems this situation could create for jay -walkers on Newport Center Drive, a Condition has been imposed which will require barriers to be constructed Volume 48 - Page 274 f '7TX OF NEWPORT BEACH J$ COUNCIL MEMBERS MINUTES W 1 CAI S' August 8, 1994 INDEX between the back of sidewalk and the GPA 94-1(B; parking lot on the inside of the ring road to force pedestrians to cross at the recognized intersection. The Planning Director further stated that Use Permit No. 1527 (Amended) will govern the physical development of the site, including those elements which exceed the basic height limit of 32 feet in the 32/50 Height .Limitation Zone. These include an entry tower 55 feet in height and two additional roof elements which are 52 feet and 49 feet respectively. With regard to the Exception Permit, he stated the purpose of this permit is to address the issue of the sign that is proposed at the entry of the project, which will be in the same location as the existing sign. The new animated sign will be 40 feet in height, containing an area of 475 sq. ft. The proposed sign is approximately the same height as the Hard Rock Cafe; however, it is approximately 85% larger and 205 feet closer to the adjacent sidewalk. The Planning Comm ssion considered this request on July 7, 1994 and approved the request with four ayes, 1 abstention and 1 absent. Jim Edwards, President of Edwards Theaters, 300 Newport Center Drive, stated that the proposed project will be a "dazzling and vibrant addition" to developed. what they have already The theater itself will be a compliment to their existing Newport Cinemas and they felt that the animated sign being proposed will add stature and presence to the location of the project. The Planning Director answered questions posed by Council regarding the animated sign, during which Council Member Watt indicated she would prefer to see a smaller sign. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and spoke in favor of the proposed animated sign, noting "it is in an area all by itself and does not hurt any residential properties." Hearing no other comments, the public hearing was closed. Council Member Watt requested that approval of the Exception Permit for the Animated Sign be voted on separately, to which there were no objections. Motion x In view of the foregoing, Ayes x x x x x Abstained x x (a) Adopt Resolution No. 94-76 Res 94-76 amending the Land Use Element of the General Plan, .to alter the policy statements for Statistical Area No. L-1 in order to allow the Volume 48 - Page 275 (PITY OF NE`'PPORT BEAM, COUNCIL MEMBERS MINUTES Fs �' ROLL CRLL August 8, 1994 INDEX addition of three theaters with a total of 897 seats to the Edward's Big Newport Cinemas; and the Acceptance of an Environmental Document; and (b) Adopt Traffic Study No. 94, a request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and (c) Approve Use Permit No. 1527 (Amended), subject to the findings and conditions of approval as recommended by the Planning Commission; and (a) Approve the off -site parking arrangement for the additional required parking for the expanded theater complex, subject to the findings and conditions as recommended by the Planning Commission; and Motion x (d) Approve Exception Permit No. 46, Ayes x x x x subject to the findings and Noes x conditions of approval as Abstained x x recommended by the Planning Commission. Council Heaber Badges and Sansone resumed air seats at this time. urner opened the public hearing 3\arove U/P 3516 ng Appeal on the following: (88) FFIC STUDY NO. 93 - Request to ffic study for a proposed ke-out restaurant facility; tance of an Environmental L B. USET NO. 3516 -Request to establish a McDonald's take-out and drive thro h restaurant facility on property to tad in the "Retail and Service Comma ial" area of the Cannery Village/McFad Square Specific Plan Area (2807 Ne rt Boulevard). The proposal includes building design with two exterior walk- order windows, an enclosed ancillary tang area, and an outdoor eating area. The proposal also t to includes a requesi.a a portion of the required off-street arking spaces; a modification to the Si Coda so as to allow a ground identifilaXion sign and a ground mounted menu n on the property, whereas the Sign de allows ; only one pole or ground sign\and and the use of the McDonald each of the six proposed dl signs. Report from Planning Departme Appeal application by Thomas President on behalf of thl Newport Beach Community As, Balboa Peninsula Point Associd Laith B. Ezzet. Volume 48 - Page 276 ^TTY OF NEUORT BEACH COUNCIL MEMBERS MINUTES � ROLL CALL s August 8, 1994 INDEX Letters in favor from Arnold D. U/P 3516 Feuerstein a—nc Allan Fainbarg; and in opposition letters from Douglas M. Wood, Kent Stoddard; Ruth Mashell, Marion & John Selters, signed petitions from residents in the vicinity, and those collected by Dunes Marine Services. etter from John & Betty Hessmers ddressing increased litter and e vironmental concerns. Th City Clerk advised that after the pri ting of the agenda, five additional let rs and a petition were received in Opp o tion to the proposed McDonald's take- t restaurant. The Pl ning Director noted that this project as initially considered by the Planning Commission on April 7, 1994, went th ugh a redesign and was subsequen y approved by the Planning Commission n June 23, 1994, subject to the Finding and Conditions located on Pages 203 rough 211 of the staff The oto was 4 ayes and 3 noes. Tort. This project s a drive-thru, walk-up, take-out, sit- wn restaurant containing 1500 sq. ft., on a .408 acre site located at 28 Street between the northbound and southbound lanes of Newport Boulevard The issues raised at the public hearin centered on'hours of operation, pole,.g and and directional signs, litter con program, vehicular access and on -sit And pedestrian circulation. The Planning Director so made mention that in 1991, the Pla ing Commission considered a request by McDonald's for a restaurant one block loser to the ocean and two 'blocks furt er out on the Peninsula. This pr ject was substantially different fro the project before the City Council at this time, and was subsequently deni d by the Planning Commission on March , 1991. As to the intensity of the pro sed use and other uses which co ld be constructed on the site, the anning Director commented that tha site contains 17,772 sq. ft. A restaur nt on this site would be allowed a max of 5,331 sq. ft. The proposed use is ass than 1/3 of the permitted intensity. As to other retail or service co ore 1 uses that might go on the site, t a General Plan would allow a structure 8,886 sq. ft. if a user can be'found fo the site. A building of this size would be over 5 times the size of the proposed building. The portion of the site which ' is vacant has been so for the past 25 years, and that portion of the site containing buildings has been used more recently by a florist and fishing supply store. Volume 48 - Page 277 City Counciseeting August 8, 1994 Agenda Item No. _ 31 CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council FROM: Planning Departmentl� 4, SUBJECT: A. General Plan Amendment No. 94-1(B) Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach B. Traffic Study No. 94 Request to approve a traffic study for the addition of three theaters with a total of 897 seats• to the Edwards' Big Newport Cinemas. C. Use Permit No. 1527 (Amended), Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 'theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. IROV -91 D.D. Exception Permit No. 46Permit No. 46 Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' Big Newport Cinemas. TO: City *cil - 2. 0 LOCATION: Building and On -site Parking Sites: A portion of Parcel A of Parcel Map 25-1 (Resubdivision No. 260); and all of Parcel 1 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. Off -site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ZONE: APF-H APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Application This application involves a request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes a request to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit.an off -site parking arrangement for the additional required parking. The application also includes a request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters Nvith a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. The subject facility is located on property in the APF-H District in Newport Center. In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commission may approve structures in excess of the basic height limit in any zone, subject to the securing of a use permit in each case. Chapter 20.33 of the Municipal Code also provides that theaters are permitted in the APF District, subject to the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code;, traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. The construction of any signs in excess of permitted height and which are animated are subject to securing the approval of an exception permit as outlined in Section 20.06.060 of the Newport Beach Municipal Code. Suggested Action Hold hearing; close hearing; if desired, a) Adopt Resolution No. amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and T6: City CAscil - 3. b) Adopt Traffic Study No. 94, a request to approve a traffic study for the addition of three theaters with •a total of 897 seats to the Edwards' Big Newport Cinemas; and c) Approve Use Permit No. 1527 (Amended), subject to the findings and conditions of approval as recommended by the Planning Commission; and d) Approve Exception Permit No. 46, subject to the findings and conditions of approval as recommended by the Planning Commission; and e) Approve the off -site parking arrangement for the additional required parking for the expanded theater complex, subject to ,the findings and condition as recommended by the Planning Commission. Planning Commission Recommendation and City Council Action At its meeting of July 7, 1994, the Planning Commission voted (4 Ayes, 1 Abstain,1 Absent) to recommend the approval of the applications noted above. On July 11, 1994, the City Council called up Traffic Study No. 94, Use Permit No. 1527 (Amended) and Exception Permit No. 46 in conjunction with the public hearing for the related General Plan Amendment No. 94-1(B), off -site parking arrangement for the additional required parking for the expanded theater complex, and the environmental document. Proposed Development The Land Use Element of the General Plan permits 2,050 theater seats in Block 300 in Newport Center (Statistical Area Ll). The existing three -theater complex currently maintains 1,989 seats, and so 61 additional theater seats could be added to the existing building in Block 300 in the future. The applicant proposes to amend the Land Use Element of the General Plan so as to permit three additional theaters to be constructed in the adjoining Block 200 in Newport Center. Eight hundred and ninety seven (897) seats are proposed in the expanded facility, and so a total of 2,947 theater seats will be permitted in Blocks 200 and 300 of Newport Center if the City Council approves the applicant's request. The applicant is proposing to demolish the existing Good Earth Restaurant facility and construct the three theater/auditorium facility in its place, on property located southwesterly of the existing theater complex. The proposed development will be connected to the existing Newport Cinema complex by means of an enclosed bridge structure at the upper level. The structure will contain three levels: an entry level (entering from the deck of the existing theater, since they will share the same ticket box), the lobby level which will be the entrance to the individual theaters and will maintain a considerable waiting area, and an office level which will house some corporate offices of the executives of the company. Each of the three new auditoriums will provide 299 seats. Portions of the theater complex exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District. However, the Commission made the finding that the increased building height would result in more public visual open space and views that is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would TO: City Ancii - 4. be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. Matinees The current Use Permit No. 1527 (Amended) permits the use of a maximum of 1,250 seats in the existing theaters for matinees, Monday through Friday before 5:30 p.m., with a condition that a minimum of 250 off-street parking spaces be provided for each use. The applicant has requested that the same maximum number of seats and parking requirement be permitted for matinees during the week in all 6 theaters. The Commission had no objections with the applicant's proposal, after it was determined that most of the patrons would park their automobiles in the parking lots to the north and to the rear of the existing theater complex in Block 300. However, the Commission recommended that a Special Events Permit be required for any lectures or other events that exceed 1,250 seats in the theater complex during the hours of operation noted above. Sign Exception No. 46 The applicant has included with the project a request to permit the construction of a free- standing double-faced monument sign measuring 40 feet in height and 475± square feet per face, which will be illuminated with exterior neon and interior lighting. The neon will be animated and will operate so as to increase in intensity from the bottom of the sign up to the top of the sign creating a shadowing effect. The Planning Commission was of the opinion that the proposed marquee monument sign would not be detrimental to the surrounding area, and that the proposed identification sign would not be visible from any surrounding residential .properties. However, the Planning Commission added a condition to Exception Permit No. 46 that the illumination on the sign as well as on a proposed entry tower be reviewed by the Commission 90 days after the structures have been illuminated. This condition is similar to the condition that the Planning Commission imposed on the double-faced, blinking identification pole sign for the Hard Rock Cafe in Fashion Island. Traffic Study No. 94 The proposed development will generate a significantly higher traffic volume than the former restaurant use previously occupying the property. Therefore, a traffic study was required to determine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine •the consistency and conformity of the project with the City's Circulation Element. It was determined that the proposed project would not have any significant impact on the City's circulation network. Also included with the Traffic Study No. 94, was a detailed analysis of parking demand for the existing and proposed theater development. It was the determination of the consultant that there is adequate available parking in Blocks 200 and 300 for the expanded operation. S TO: City Co _ cil - 5. Proposed Off -Street Parking and Off -Site Parking Arrangement The required parking for the existing Muldoon's Restaurant and remaining permitted office and retail uses within Design Plaza (Block 200) generate a requirement for 563 parking spaces (140,600± sq.ft. = 250 = 562.4 or 563 spaces) for the office/retail use and 64 parking spaces for the Muldoon's Restaurant, for a total of 627 parking spaces. The proposed theater complex will result in a loss of 9 existing parking spaces on -site and 6 spaces in the adjacent common parking lot. The existing parking areas provide 677 parking spaces. Except for 64 parking spaces allocated to Muldoon's Restaurant, 598 spaces will be available to the proposed theater complex in the evenings, weekends and holidays. The applicant also intends to restripe the parking lot so as to generate a total of 668 parking spaces in Block 200. Based on parking requirements for public assembly uses, one parking spaces for each 3 seats would generate a requirement of 299 parking spaces (897 seats _ 3 = 299 spaces). The applicant proposes to provide the required 299 parking spaces at night and on weekends in the common parking lot in Block'200 owned by the Irvine Company. The Municipal Code requires that the City Council approve the off -site parking arrangement. The Planning Commission made the determination that the off -site parking areas are located so as to be useful to the proposed theater facility. Copies of the Planning Comnussion staff report and an excerpt of the Planning Commission minutes are attached for the City Council's information. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Ile, William R. Laycock, Cur nt Planning Manager Attachments for City Council Only: Resolution No. Excerpt of Planning Commission Minutes dated July 7, 1994 Planning Commission Staff Report dated July 7, 1994 with attachments (including Negative Declaration and Traffic Study No. 94) Site Plan, Floor Plans, and Elevations Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING GENERAL PLAN AMENDMENT 94-1(B), AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO ADD 897 THEATER SEATS IN STATISTICAL AREA L-1, IN BLACK 200 DESIGN PLAZA OF NEWPORT CENTER WHEREAS, as part of the development and implementation of *the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and Floor Area Ratio Ordinance; and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law; and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the proposed project is compatible with the existing land uses in the neighboring Fashion Island Planned Community and the subject district; and WHEREAS, the circulation system will not be significantly impacted by the proposed project; and WHEREAS, pursuant to the California Environmental Quality Act, an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment,, and therefore, a Negative Declaration has been prepared. M- 0 The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to recommending approval of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of -Newport Beach that an amendment to the General Plan of the Newport Beach Municipal Code be incorporated as follows: That the development allocation in Statistical Area No. L-1, also designated as Block 200 Design Plaza, shall be altered so as to permit 897 theater seats. This General Plan Amendment was adopted on the _ day of . 1994, by the following, vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS -2- MAYOR P.\-\JAY-G\A.%1M rAUPtsz7Ccaac I Y COMMISSIONERS . MINUTES DROLL CALL CITY OF NEWPORT BEACH LOCATION: Parcel 1 of Parcel Map 10/20 (Resubdivisions No. 23 and 240), located at 1001-1147 Granville Drive, on the westerly corner of Newport Center Drive and Granville Drive, in Newport Center. ZONE: \ Unclassified APPLICANT: rnham USA Equities, Inc., Newport Beach OWNER: The Gran ' Newport Beach William Laycock, Current Planning Ma er, stated that the applicant requested that Item No. 3 be contimi to the July 21, 1994, Planning Commission meeting to allow furthe cessions with existing tenants within the Granville Apartments. Motion was made and voted on to continue Item No. 3 to the July * 121, 1994, Planning Commission meeting. MOTION CARRIED. A. General Plan Amendment No 94-1(B) (Public Hearing) Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach B. Traffic Study No 94 Public_ Hearing) Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. -13- INDEX Item No.4 GPA 94-1B TS 94 UP1527A EP 46 Approved -- COMMISSIONERS . CITY OF NEWPORT BEACH MIWTES s Jul 7 1994 OLL CALL INDEX AND C. Use Permit No 1527 (Amended) (Public Hearin Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. AND D. Exception Permit No, 46 (Discussion Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' 'Big Newport Cinemas. LOCATION: Building and On -site Parking Sites: A portion of Parcel A of Parcel Map 25-1 (Resubdivision No. 260); and all bf Parcel 1 and a portion of Parcel 3 of Parcel Map 60- 36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly . side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. Off -site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ONE: APF .14- !; OMMISSIONERS • �� .pMAP $s �y`pO��s'O CITY OF NEWPORT BEACH MINUTE July 7 1994 ROLL CALL INDEX APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Commissioner Edwards stepped down from the dais because of a possible conflict of interest. William Laycock, Current Planning Manager, stated that the proposed plan will amend the Land Use Element of the General Plan so as to allow 897 theater seats in Block 200 of Design Plaza. Block 300 which is the location of the existing theater complex is allowed 2,050 theater seats. The total number of seats that would be permitted if the General Plan would be approved would be 2,947 seats in Blocks 200 and 300 in Newport Center. He said that the existing number of seats in Block 300 is 1,989; therefore, the number of seats in Block 300 could be increased in the existing theaters. Mr. Laycock recommended several revisions to the conditions in Exhibit "A:', Use Permit No. 1527 (Amended) as follows: Condition No. 3, stating '"That the mid -week daytime matinees shall be prohibited and that screenings shall not begin until after 5:30 p.m. in the evening on weekdays:' - Mr. Laycock'stated that inasmuch as the applicant requested that the permitted 1,250 seats that are now permitted in Block 300 also be allowed in the proposed Block 200 that Condition No. 3 be revised to state That the daytime matinees in the permitted theaters in Blocks200and 300 hall be limited to a maximum of 1,250 seats prior to 5.30 p.m. 'o ay through Friday, 250 and a minimum of off-street parking paces shall be provided for the subject theaters. Commissioner Pomeroy suggested that the condition be modified from mid -week daytime matinees to mid -week daytime and holiday matinees inasmuch as no business is occurring on holidays. Mr. Laycock stated that the intent is to limit the number of seats that would be permitted Monday through Friday; however, recognized holidays could also be included in the condition. Commissioner Ridgeway -15- /to COMMISSIONERS • • MINlbTES O'°O G'l�Ca O/LO�S CITY OF NEWPORT BEACH JUt '/, 1994 TOLL CALL INDEX stated that parking spaces are not as available in the 200 Block as the 300 Block inasmuch as there are a number of office buildings in the development. He discussed his concerns with respect to permitting parking ermittin matinee arkin in Block 200. Condition No. 5, requests that a continuous permanent barrier at least 30 inches high be constructed between the off -site parking area in Fashion Island and the public sidewalk. Mr. Laycock stated that a previous condition approved in 1988 for the existing theater complex, requested that a continuous hedge at least 30 inches high shall be maintained in the off -site parking area in Fashion Island so as to encourage theater patrons to cross at the existing intersections.' Mr. Laycock explained that the existing hedge currently has openings; therefore, the public walks through the hedge, and the suggested Condition is more specific about the continuous hedge being 30 inches high and 30 inches wide. Chairman Glover addressed comments in the staff report suggesting a wall or wrought iron fence. She said that a low fence may be more appropriate inasmuch as the public would find away to go through the hedge. Commissioner Pomeroy commented that a 30 inch high fence would not be desirable because people could step over the fence; however, it would be difficult to step over a 30 inch wide hedge. He said that to construct a fence on the inside of the hedge would stop the problem completely. Commissioner Gifford commented that the words 'continuous, permanent barrier in the Condition are extremely inclusive. In response to questions posed by Commissioner Gifford with respect to a future traffic signal in Newport Center, Rich Edmonton, City Traffic Engineer, replied that the traffic light currently g bein considered is between Santa Cruz Drive and Santa Rosa Drive, and would not serve the subject area. Commissioner Ridgeway stated that the landscaping in the off -site parking area in Fashion Island is maintained by The Irvine Company and not the applicant. He said that there has been discussion of permitting parallel parking on Newport Center Drive, -16- COMMISSIONERS • '`01moNF®RMW a� C, CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL INDEX and if that would occur, then it may be necessary to install additional barriers. Condition No. 9, states that the applicant shall obtain the approval of a Resubdivision or Lot Line Adjustment to establish a legal building site for the proposed theater addition. Mr. Laycock indicated that there are areas of the project that encroach over property lines, and the condition would require a resubdivision or lot line adjustment. The applicant requested that additional wording be added so as to allow a Waiver of a Parcel Map inasmuch as The Irvine Company owns the land, and it is under a different leasehold. He stated that the applicant may wish to redesign the building so it does not encroach over property lines. Staff suggested that Condition No. 9 be amended to state That the applicant shall obtain the approval of a Resubdivision, a Lot Line Adjustment, or a Waiver of a Parcel Map, so as to establish a legal building site for the proposed theater addition, prior to the issuance of building permits unless the building is redesigned to meet the Ordinance requirements. In response to questions posed by Commissioner Ridgeway, Mr. Laycock replied that the Resubdivision and Lot Line Adjustment would be approved by the Modifications Committee, and Waiver of a Parcel Map would come to the Planning Commission for its approval. Condition No. 20, states that the proposed marquee monument sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sight distance. Mr. Laycock suggested that the condition be amended to state That any sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sight distance in conformance with the City's Sight Distance Standard 110-L. Mr. Laycock explained that if the Planning Commission would deny the proposed Exception Permit to the Sign Code, the Sign Code would still, allow a 25 foot high, 200 square foot pole sign. In response to questions posed by Commissioner Ridgeway, Mr. Edmonton replied that Standard 110-L is based on a sight distance from intersection or driveways so the closer a sign is to a driveway or an intersection, the further i back the sign would have to be. -17- %a COMMISSIONERS . • CITY OF NEWPORT BEACH MWTES Jul OLL CALL INDEX In response to questions posed by Commissioner Ridgeway with regard to the Negative Declaration and the viewscape of the neighborhood across MacArthur Boulevard, John Douglas, Principal Planner, stated that the view plane affects the Corporate Plaza and Newport Village Planned Communities, but not the area of the subject project. The Commission and staff discussed the impact of the proposed project and sign on the adjoining residential neighborhoods. Mr. Laycock commented that the Homeowners Associations were not mailed public notices; however, a public notice was posted' on the property and published in the newspaper. Mr. Laycock stated that the applicant redesigned the proposed sign adjacent to the sidewalk. " The revised square footage of the sign is less than is discussed in the staff report, and the height of the sign was reduced from 40 feet to 30 feet high. The public hearing was opened in connection with this item, and Mr. Jim Edwards, Jr., President of Edwards Theaters, appeared before the Planning Commission. Mr. Edwards addressed weekday matinee parking in Block 200. He stated that the box office for the entire theater complex will be located at its existing location in Block 300 which would encourage matinee patrons to park in the closest assessable parking spaces in Block 300. Mr. Edwards further stated that the theater complex was entitled to an additional 50 additional parking spaces when they purchased the Good Earth Restaurant property in Block 200 on a permanent daytime/nighttime basis. He stated that the applicant supports the original 40 foot high marquee sign, but the sign was redesigned to a height of 30 feet for the Planning Commission's consideration. Commissioner Ridgeway emphasized that daytime parking problems currently exist in Block 200, and he pointed out that the theaters donot have, exclusive rights to the aforementioned 50 parking stalls. In response to a question posed by Commissioner Ridgeway with respect to the location of the ticket office, Mr. Edwards replied that inasmuch as the main drive access is where the existing ticket office is located that it Would be in the best -18- �3 60BEWSSIONERS • MINUTES CITY OF NEWPORT BEACH July7 1994 LL CALL INDEX location for the entire complex. It will be possible to access the new addition from the same level as the existing theaters by going down an escalator, stairs, or an elevator. Mr. Edwards stated that no more theater seats will be permitted for weekday matinees than' the existing complex currently has, so no additional parking is being requested during the day. The office buildings in Block 200 will utilize the parking spaces on weekdays before the patrons arrive at the theater. Commissioner Ridgeway and Mr. Edwards discussed Commissioner Ridgeway's suggestion to construct a parking structure adjacent to the ticket office. Commissioner Ridgeway expressed doubts that the theater patrons would use the parking spaces in the 'far reaches' of the 200 Block inasmuch as the proximity is too far away from the theater complex. In response to questions posed by Chairman Glover, Mr. Edwards replied that the theater complex would limit the ticket sales to 1,250 seats during the daytime. Commissioner Gifford stated that it has been her experience that she will arrive at the theater complex to attend the theater and a local restaurant. Mr. Edwards responded that the theater informs the local restaurants, at the restaurants' requests, when the next 'big' movie will occur for the purpose of restaurant staffing. Commissioner Gifford commented that if theater patrons find it too inconvenient to attend a movie during the daytime, then they will not go, and it would not be in the theater's best interest to have inconvenient parking. Mr. Edwards concurred. Mr. Laycock addressed the proposed parking plan in the staff report indicating the parking zones for the theater complex. Zone 1 is property owned by the applicant and is the parking area where the majority of the automobiles will park first. Zone 2 is located behind the theater, and that parking area is where the remaining portion of the 250 parking spaces are located for the daytime matinees. Commissioner Ridgeway stated that his aforementioned comments are directed to Zones 5 and 9. Mr. Laycock pointed out that Zones 5 and 9 are only used for theater parking at night and not for matinees. In response to a question posed by -19- MINUIES + 0 • CITY OF NEWPORT BEACH July7 1994 LL CALL INDEX Commissioner Ridgeway, Mr. Laycock replied that Zone 1 has 205 parking spaces, and Zone 2 has 372 parking spaces. In response to questions posed by Commissioner Gifford regarding the proposed sign, W. Edwards replied that the sign would provide theater information. The sign was designed in keeping with the new theaters to identify the entire project as a new project, to add excitement to the area, and the animation would be an attractive element. 'In response to questions posed by Commissioner Ridgeway regarding the hours of the matinees, Mr. Edwards replied that matinees generally start around 11:00 a.m. to 12:00 noon. In response to comments by Commissioner Ridgeway regarding the special events that periodically occur at the theater, Mr. Edwards replied that the Town Hall series consists of five daytime lectures during the year. Commissioner Ridgeway commented that parking is impacted in the 300 Block on those days. In response to questions posed by Commissioner Gifford regarding parking for daytime special events during the week, Mr. Laycock replied that the same number of theater seats and offstreet parking spaces should be restricted for special events as for movie use. Commissioner Gifford suggested that Condition No. 3, Use Permit No. 1527 (Amended) be amended to state daytime uses instead of daytime matinees, and that would address Commissioner Ridgeway's concerns. Mr. Iaycock and Chairman Glover discussed the idea that uses other than movie uses inside the theater complex exceeding 1,250 seats, Monday through Friday during the daytime hours, should require a Special Events Permit. Mr. Jim Edwards, Sr., Chairman and CEO of Edwards Theaters, appeared before the Planning Commission. Mr. Edwards discussed the Special Events that occur in the theater complex, and the support the theater has given the community during the past 25 years. In reference to the weekday matinees, Mr. Edwards pointed out that the six theaters would not require more parking -20- /S COMMISSIONERS • MINUTE ROLL CALL CITY OF NEWPORT BEACH spaces than currently exist inasmuch as the number of tickets sold will not change. Mr. Edwards advised that many of the theater's patrons also stop at one of the adjacent restaurants; therefore, it is possible that only one parking space is required for a patron attending the theater and an adjacent restaurant. Mr. Edwards stated that the Newport Theater is one of the top 12 platform theaters in the nation. He said that the theater complex is a destination place, and the City will be proud of the proposed project. A new box office will be built, and it will remain in the existing location. He said that the matinee patrons will use the parking areas closest to the theater; however, the theater needs the extra parking spaces for the nighttime patrons. He said that he once proposed to The Irvine Company that a road be built to the back of the theater but the suggestion was not approved. People will walk as far as is necessary to get to a parking space as long as there is a parking. space available. The Newport Theater was built as one of the biggest theaters in America at the time insofar as the screen is concerned. The theater consists of a screen that is 70 feet long and 30 feet tall, and has an eight -track digital sound system. In response to a question posed by Commissioner Ridgeway regarding the aforementioned Condition No. 5 regarding a continuous, permanent barrier, Mr. Edwards described how difficult it is to cross Newport Center Drive from the theater at the intersection. He agreed to a barrier if it would be required; however, he suggested that it should be ornamental. Mr. Edwards advised that the public at large walks through the existing barrier. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve General Plan Amendment No. 94- l(B) [Resolution No. 1364], Traffic Study No. 94, Use Permit No. 1527 (Amended) and Exception Permit No. 46, subject to the :findings and conditions in Exhibit "A", as amended. -21- RMEX COMMISSIONERS • CITY OF NEWPORT BEACH MINUTES , OLL CALL INDEX Commissioner Pomeroy suggested that the marquee sign be permitted to be constructed up to 40 feet high. Mr. Laycock pointed out that Condition No. 1, Use Permit No. 1527 (Amended) states that the development shall be in substantial conformance with the approved plot plan, floor plans, and elevations, which includes the proposed 40 foot high freestanding marquee sign. Chairman Glover accepted the amendment to the motion. Commissioner Ridgeway said that the exciting project would bring life to a daytime business community. He supported the lights, the structures, and the 40 foot high sign. In reference to the location of the existing 15 foot high sign that is a distance of 5 feet back from the public sidewalk, Commissioner Ridgeway and Mr. Edmonton discussed the issue of moving the proposed enlarged sign further back from the public sidewalk. Commissioner Ridgeway further addressed his concern regarding the possibility that a view could be impacted by illuminating the tower on the structure. Mr. Laycock pointed out that Mitigation Measure No. 3, states that prior to the issuance of a building permit that the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses ...He said that after the lighting system is installed, that it is possible that *the lighting would have to be reduced. The public bearing was reopened in connection with this item, and Mr. Mario Savopoulos, Project Designer, appeared before the Planning Commission. Mr. Savopoulos explained that inasmuch asthe marquee sign will identify the theater complex that festive neon lighting will be used. Mr. Savopoulos briefly explained the proposed lighting system. Commissioner Gifford supported the proposed architecture of the building and the sign. She addressed the lighting of the canopy wherein she expressed her concern regarding the potential of the sign at the proposed height and with animation the sign could be -22- 19 CQNMUSSIONERS • ��, 0�or'ctbd�Gdrs �9�o2t�.p�o�"'1'0 CITY OF NEWPORT BEACH MINUTES July 7 1994 ROLL CALL INDEX overwhelming. She said that the Planning Commission reviewed the Hard Rock sign 90 days after installation to determine the intensity of color and the degree of frequency of animation. Commissioner Gifford requested that the motion be amended to add a condition that the sign could be reviewed 90 days by the Planning Commission after installation. Mr. Edwards, Sr. reappeared before the Planning Commission in support of the amended motion. He explained that the sign would be illuminated but there would be no flashing lights, and no flow of lights that change violently in colors. The only animation on the sign would be the neon on the border, and that consists of a shadow that would pass through the tubes. Commissioner Pomeroy supported the amended motion. In response to a question posed by Mr. Laycock regarding the 90 day review, Commissioner Pomeroy and Commissioner Ridgeway replied that in addition to a review of the sign that the review would also include the illumination on the proposed landmark tower. Chairman Glover stated that Newport Center is a commercial retail area that is not directly abutted by residents, and Newport Center is an area of the City where the proposed project would be appropriate. Ayes * * * The aforementioned motion was voted on, as amended. MOTION Abstain * CARRIED. Absent A Environmental Document: 1) Accept the Environmental Document with the following findings and mitigation measures: Findings: 1. That during the course of construction pollutants from ' machinery, delivery trucks, and workers' . -23- /f CONMUSSIONERS • G�'f tl�� CITY OF NEWPORT BEACH MINUTES } LL CALL INDEX vehicles would be released. In addition, dust would be generated by earthmoving and construction operations. The following mitigation measures are required in order to reduce these impacts below the 'level of significance. 2. That the proposed project could produce light and glare that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting features around the new building, directional signs and security lighting as required. The following mitigation would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. 3. That since the proposed use is inconsistent with the City's General Plan, the following mitigation measure is required to eliminate potentially significant effects to land use. 4. That the distance of some of the proposed parking spaces, combined with the lack of easy access to the southerly parking areas, raised the concern that some patrons may choose to park in the Fashion Island area and jay -walk across Newport Center Drive to the theaters, which would create a public safety problem. That this concern could be substantially reduced by the following mitigation measures. 5. That the project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. As a result, the applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K 5 and K-6 regarding archaeological and 24- /c1 , COMMISSIONERS • , MINUTES (ROLL CALL CITY OF NEWPORT BEACH paleontological surveys and recovery of resources. 6. That on the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 7. That there are no long-term environmental goals that would be compromised by the project. 8. That no cumulative impacts are anticipated in connection with this or other projects. 9. That there are no known substantial adverse affects on human beings that would be caused by the proposed project. Mitigation Measures 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 15.04.140) and AQMD Rule 403. 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low -emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend ,grading operations during first and second stage smog alerts -25- COMMISSIONERS . • $q\qy �`oc�,� t �'�'PQso CITY OF NEWPORT BEACH MINUTES Jul 7 1994 LL CALL INDEX d) Maintain construction equipment with properly tuned engines e) Use of low -sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 3. That prior to, the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. That prior to issuance of a building permit for any theater expansion, a General Plan amendment shall be approved to allow an additional 897 theater seats in Newport Center Block 200. S. That prior to issuance of a building permit for the theater expansion, a parking, control plan acceptable to the City Traffic Engineer shall be submitted by the applicant. The plan shall address parking lot restriping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., -26- a� COMMISSIONERS • • MINUTES � G�or��od��,s ��°'�t��'Po��►° CITY OF NEWPORT BEACH ROLL CALL INDEX lighting) so as to minimize illegal parldng, congestion and idling during peak periods. 6. That prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. 7. Prior to issuance of a certificate of occupancy for the theater expansion, a pedestrian barrier meeting the approval of the City Traffic Engineer shall be installed adjacent to Newport Center Drive between San Miguel Drive and'Anacapa Drive. 8. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K-5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B General Plan Amendment No 94-1(B): 1) Adopt Resolution No. 1364, recommending to the City Council adoption of General Plan Amendment 94-1(B), amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and LQ TRAFFIC STUDY NO 94• Approve the Traffic Study, making the findings listed below: -27- a� COAnUSSIONERS • crop CITY OF NEWPORT BEACH MINUTES" July7 1994 ROLL CALL INDEX 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 'primary' street. 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 seven of the eight study intersections and that the ICU analysis for the intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center Drive, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project. D. USE PERMIT NO 1527 (Amended): Approve subject to the applicable findings and conditions of approval set forth below. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 2. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. -28- z;?-3 ,COA"USSIONERS . • MINUTES CITY OF NEWPORT BEACH Jul 4 LL CALL I I I I INDEX 4. That the off -site parking areas are located so as to be useful to the proposed theatre use. 5. That the parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 6. That the increased building height would result in more public visual open space and views than is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. 7. That the increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone in that the tower structure and lobby cupola create a landmark for identification and tie in architecturally to the proposed building. 8. That the increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments, inasmuch as the proposed structure is similar in size and scale to the existing buildings located on either side of the subject site which does not abruptly impact public spaces. 9. That the proposed structure will have no more floor area than could have been achieved without the use permit. 10. The approval of Use Permit No. 1527 (Amended) 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 -29- a� COUMSSIONERS • • MINUTI3W CITY OF NEWPORT BEACH ROLL CALL INDEX further,.that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces, for a portion, of the required off-street parking, is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That, development, shall be insubstantial conformance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527, and Use Permit No. 1527 (Amended) shall remain in full force. 3. That daytime matinees in the permitted theaters in Blocks 200 and 300 shall be limited to a maximum of 1,250 seats prior to 5:30 p.m., Monday through Friday, except for recognized holidays. A minimum of 250 offstreet parking spaces shall be provided for the limited seating. A Special Events Permit shall be required for any lectures or other events that exceed 1,250 seats in the theater complex during the hours of operation noted above. 4. That a minimum of one parking space for each 3 seats (299 parking spaces) shall be provided for the subject theaters on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 897 seats (Block 200). 5. That a continuous, permanent barrier, at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. In the case of a plant barrier, the plants shall be a minimum of 30 inches high and 30 inches across shall be -30- COMMISSIONERS • `ry�ypo'�P�t��`po�oso • CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX established between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 6. That the on -site vehicular and pedestrian circulation systems shall be approved by the City Traffic Engineer. 7. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress, except as noted in the following conditions of approval. 8. That amended 'off' -site parking arrangements shall be approved by the City Council guaranteeing that the following off -site parking location shall be provided to the subject theatre: a. Parcel 3 of Parcel Map 93-106 (Resubdivision No. 997) located in the common parking lot bounded by Newport Center Drive, Anacapa Drive, Farallon Drive and Block 300 Theater Plaza. Said parking shall be for the exclusive use of the theatre and shall provide a minimum of 299 parking spaces. 9. That the applicant shall obtain the approval of a Resubdivision, a Lot Line Adjustment, or a Waiver of a Parcel Map, so as to establish a legal building site for the proposed theater addition, prior to the issuance of building permits unless the building is redesigned to meet the Ordinance requirements. -31- a� MMMES ' 0 • CITY OF NEWPORT BEACH Jul 7 1994 OLL CALL MEX 10. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimise any potential impacts from silt, debris, and other water pollutants. 12. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 13. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 15. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That prior to the issuance,,of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. That all access to the buildings be approved by the Fire Department. -32- a� C9MMISSIONERS • • a��Qpro svY �o�o' CITY OF NEWPORT BEACH MINUTES 1 ROLL CALL INDEX 18. That all applicable conditions of approval of Resubdivision No. 997 shall be fulfilled. 19. That disruption caused by work along roadways and by the 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 Newport Center Drive Right -of -Way. 20. That any sign shall be set back from the Newport Center Drive public sidewalk in order to provide adequate sight distance in conformance with the City's Sight Distance Standard 110-L. 21. That handicap access shall be provided through the entry driveway median on Newport Center Drive and the design shall be approved by the Public Works Department. That all work shall be completed prior to occupancy of the new theaters. 22. That all improvements be constructed as required by ordinance and the Public Works Department.' 23. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. 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.. -33- 4" COMMISSIONERS • PJ MINUTES CITY OF NEWPORT BEACH July ZOLL CALL INDEX 25. That the Planning Commission shall review the illumination on the proposed landmark tower 90 days after the structure hs been illuminated. Exceptionrmi 4 • Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. Findines, 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. 3. That the nature of the request is unique in that there are i a limited number of the, subject theater facilities of this size throughout the county. s 4. That the proposed signage will not set a precedent for $ other signs of a similar nature, inasmuch as the proposed location is within the Newport - Center/Fashion Island Planned Community and is consistent with other signs approved in Fashion Island. 5. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. n ii 1. That development shall be in substantial conformance with the approved plot plan, and elevations. -34- a9 COPAMSSIONERS • • MINUTES ROLL CALL CITY OF NEWPORT BEACH 2. That the identification sign -shall not exceed an overall height of 40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. 5. That the Planning Commission shall review the proposed freestanding identification/marquee sign 90 days after the structure has been illuminated. Request to initiate amendments to the Newport Beach General Plan, as follows: D. Caltrans West- Possible modifications to the Land Use Element and Recreation and Open Space Element that would specifically authorize the transfer of 152 dwelling units from the site to any property in the City; grant park credits to the owner of the parcel to which the units are ansferred, and authorizing the transfer of development rig based upon a traffic equivalency to any zoning distric ubject to the review and approval of the City Council. The request inclu an amendment of the Recreation and Open Space Element t hange the designation of Caltrans West from a view park o community park; and an amendment of the Land Use ment to designate the site as Recreational and Environment Open Space subject to development rights transfer. -35- D-1 (D) Cal- • Planning Commission Meeting July 7. 1994 Agenda Item No. 4 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. General Plan Amendment No. 94-1(B) (Public Hearing,) Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach I0 B. Traffic Study No. 94 (Public Hearing) Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. ME C. Use Permit No. 1527 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the expansion, of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. D. Exception Permit No. 46 (Discussion) Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' Big Newport Cinemas. "F TO: Planning Commission - 2. • LOCATION: Building and 'On -site Parking Sites: A portion of Parcel A of Parcel Map 25-1 (Resubdivision No. 260); and all of Parcel 1 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. Off -site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ZONE: APF-H APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Application This application involves a request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes a request to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. The application also includes a request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. The subject facility is located on property in the APF-H District in Newport Center. In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commissl=may approve structures in excess of the basic height limit in any zone, subject to the securing of a use permit in each case. Chapter 20.33 of the Municipal Code also provides that theaters are permitted in the APF District, subject to the securing of a use permit. Use permit procedures are set forth in Chapter 20,80 of the Municipal Code; traffic study procedures are set forth in Chapter 15.40 of the Municipal Code. The construction of any signs in excess of permitted height and which are animated are subject to securing the approval of an exception permit as outlined in Section 20.06.060 of the Newport Beach Municipal Code. Suggested Action Hold hearing; close hearing; if desired, a) Adopt Resolution No. recommending to the City Council adoption of General Plan Amendment 94-1(B), amending the Land Use Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport 3; TO: Plann• Commission - 3. Cinemas; and the acceptance of an environmental document; and b) Adopt Traffic Study No. 94, a request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and c) Approve Use Permit No. 1527 (Amended), subject to the applicable findings and conditions of approval set forth in the attached Exhibit "A"; and d) 1) Approve Exception Permit No. 46, subject to the applicable findings and conditions of approval set forth in the attached Exhibit "A'; or 2) Approve Exception Permit No. 46, but deny that portion of the application for increased size and height of the sign, subject to the findings and conditions set forth in the body of this report; or 3) Approve Exception Permit No. 46 but deny that portion of the application requesting animation, subject to the findings and conditions set forth in the body of this report. Environmental Significance In accordance with the California Environmental Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the initial study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" use. The proposed theater complex is supportive of the dominant uses within this designation and therefore is consistent with the requirements and guidelines of the Land Use Element of the General Plan. Subject Property and Surrounding Land Uses The subject properties consist of a number of developed parcels and a single parcelwhich contains the common area parking for those parcels and are currently developed with a portion of the Design Plaza Commercial Complex, the former Good Earth Restaurant and related parking in Block 200 of Newport Center. To the northwest and north, across Newport Center Drive is Coco's Restaurant and the Fashion Island Shopping Center beyond; to the northeast and east, is the Edwards Theatre Newport property, with a theatre facility containing three auditoriums and a total of 2,025 seats; to the south and southwest, across Farallon Drive, are professional offices; and to the west, across Anacapa Drive, is a car wash and office buildings beyond. S2 TO: PlanlTng Commission - 4. • l�.73�.ff}lti;l The original Edwards Theatre, located in the 300 block of Newport Center Drive, was established in conjunction with the Planning Commission's approval of Use Permit No.1347 at its meeting of March 21, 1968. Said approval permitted the construction of a 1,200 seat auditorium and included a requirement to provide 240 parking spaces based on a parking requirement of one parking space for each five seats. Said parking was approved on an off - site location in conjunction with the City Council's approval of an off -site parking agreement at its meeting of December 23, 1968. Said parking agreement provided .a total of 240 parking spaces on property located at the southeasterly corner of San Miguel Drive and Newport Center Drive, and at the rear of the theatre, on sites that are directly adjacent to the theatre. It should also be noted that sometime after the approval of Use Permit No.1347, 52 additional seats were added to the auditorium although there is no record of such an approval. Attached for the Planning Commission's information is an excerpt of the Planning Commission minutes dated March,21, 1968, At its meeting of April 29, 1971, the Planning Commission approved Use Permit No. 1527 which involved a request to add a 500 seat theatre auditorium to the existing 1,252 seat theatre facility, on the neighboring theater site. The applicant, however, failed to implement his project within the prescribed period (18 months) and therefore, was required to obtain Planning Commission approval of an extension of time for Use Permit No. 1527. A one year extension was approved by the Planning Commission on October 19, 1972, and a second six month extension was granted on October 13, 1973. In accordance with the off- street parking requirement of one ,parking space for each five seats, the applicant was required to provide 100 additional off -site parking spaces for the theatre operation. Inasmuch as the additional parking spaces were available to the theatre at night and on weekends and holidays only, the weekday theatre matinees were limited to 1,250 seats. Said off -site parking agreement was approved by the City Council at its meeting of October 9, 1973. Attached for the Planning Commission's information are excerpts of the Planning Commission minutes for Use Permit No. 1527, dated' April 29, 1971. At its meeting of October 23, 1986, the Planning Commission approved Use Permit No. 1527 (Amended) which involved a request to expand the existing neighboring theatre so as to add two additional theatres with a total of 600 additional seats. Said approval also included; the approval of a new off -site parking agreement so as to provide a portion of the required off-street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the southeasterly corner of San Miguel Drive and Newport Center Drive; the approval of a modification to the Zoning Code so as to allow the use of compact parking spaces; and the approval of a traffic study. Said action was subject to the findings and conditions set forth in the attached excerpt of the Planning Commission minutes dated October 23, 1986. It should also be noted that the approved plans associated with this application indicated that the existing theatre facility contained 1,775 seats which exceeded by 23 seats the number of seats in the theatre permitted in conjunction with the April 29, 1971 approval of Use Permit No. 1527 (Amended). �1 TO: Planning Commission - 5. At its meeting of October 8, 1987, the Planning Commission voted to recommend approval of a Determination of General Plan Consistency for the transfer of 350 seats from the neighboring theatre site in Block 300 of Newport Center and 1,350 theatre seats from the Civic Plaza Planned Community, to Fashion Island. Said action was taken by the Planning Commission in conjunction with its consideration of various other applications associated with the establishment of the Fashion Island Planned Community Development Plan. Said transfer of seats was also approved by the City Council at its meeting December 14, 1987. At its meeting of January 7, 1988, in light of the above mentioned transfer of theatre seats, the applicant revised the previous plan for expansion of the existing Edwards Tbeatre located on the adjacent neighboring property, so as to include a single additional theatre containing only 250 seats. Said expansion increased the total number of seats to 2,025. The proposal also included a request to restripe the existing off -site parking areas so as to provide additional parking spaces through the use of compact parking spaces. At its meeting of August 20, 1992, the Planning Commission approved Use Permit No. 3455 a request to permit an expansion and alterations of the existing Muldoon's Irish Pub and Restaurant which included on -sale alcoholic beverages and an outdoor dining court, on property located in the C-O-H District. The proposal included a request to expand the "net public area" of the restaurant so as to add two new interior dining areas, an outdoor dining court, a second bar, and a game area containing one pool table. Said expansion utilized existing floor area currently used for office and retail purposes and an existing outdoor courtyard. Also included in the approval was a request for a reduction in the parking requirement to one parking space for each 50 sq.ft. of "net public area" which resulted in a parking requirement of 64 spaces. This use permit approval has not been fully exercised; however, the parking designated by the approval has been reserved by virtue of the partial implementation of the approval which included the continued use of the outdoor dining. An excerpt of the Planning Commission minutes of that meeting is attached for the Commission's information. At its meeting of March 18, 1993, the Planning Commission voted unanimously to recommend the approval of Resubdivision No. 997, a request to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF-H District in Newport Center of which the subject parcel is a part, with the findings and conditions of approval set forth in the attached excerpt of the Planning Commission meeting dated March 18, 1993. At its meeting of May 10, 1993, the City Council, in response to an appeal of the decision of decision of the Planning Commission filed by a neighboring property owner, continued this matter to the City Council meeting of May 24, 1993 as requested by the appellant. On May 24, 1993, the City Council continued this item again to its meeting of June 14, 1993 as requested by the appellant. At its meeting -of June 14, 1993, the City Council voted (4 Ayes, 2 Abstentions and one Absent) to sustain the action of the Planning Commission and approved Resubdivision No. 997 subject to the findings and conditions contained in the staff report. An excerpt of the minutes of that meeting are attached for the Commission's 9_5 TO: Planning Commission - 6. • information. The map is currently at the County of Orange and should record in the near future. At its meeting of February 10, 1994, the Planning Commission voted unanimously to recommend to the City Council the initiation General Plan Amendment No. 94-1(B), a request to amend the .Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edward's Big Newport Cinemas, on property formerly occupied by the Good Earth Restaurant. At its meeting of February 28, 1994, the City Council approved the initiation of General Amendment No. 94-1 (B). Analysis The applicant is proposing to demolish the existing Good Earth Restaurant building and construct a three theater/auditorium facility in its place, located southwesterly of the existing theater complex and which will be connected to the existing Newport Cinema Complex by means of an enclosed bridge structure at the upper level. The structure will contain three levels: an entry level(entering from the deck of the existing theater, since .they will' share the same ticket box), the lobby level which will be the entrance to the individual theaters and will maintain a considerable waiting area, and an office level which will house some corporate offices of the executives of the company. The proposed expansion will provide an additional 897 seats bringing the total number of theater seats to 2,922 seats (2,025 existing + 897 additional seats = 2,922 seats, in 6 theaters). It should be noted that the number of theater seats will include seating areas for handicap patrons. Each of the three new auditoriums will provide 299 seats. Information submitted in conjunction with the Traffic Study No. 94 indicate that the hours of operation of the theater expansion will not open to the public until after 5:30 p.m. in the evenings, during the week, consistent with the operation of the most recent expansion of the theater complex approved in 1988 (see attached excerpt of Planning Commission minutes dated January 7, 1988). ncreased Heieht Reauest In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commission or City Council in approving any Planned Community District, any Specific Area Plan, or in granting any Use Permit for structures in excess of the basic height limit in any zone shall find that each of the following four points have been complied with: (a) The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. (b) The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. TO: Planning Commission - 7. (c) The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. (d) The structure shall have no more floor area than could have been achieved without the Use Permit. The applicant has provided the attached responses to the four items outlined above. The applicant is of the opinion that the proposed development meets the criteria specified under Items No. '(a) and (d) above in that without the use permit, the same amount of floor area can be accommodated within a lower building covering a larger area of the site. If this were to be done, the design would probably result in less open space and landscaped areas and might result in a less visually appealing development. All setbacks established by the Zoning Code will be maintained. With respect to Item No. (b) above, the applicant is of the opinion that the proposed location of the structure will result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. The proposed structure is similar in size and scale to the existing buildings located on either side of the subject site. The applicant is also of the opinion that the tower structure creates a landmark for identification. With respect to Item No. (c) above, the applicant is also of the opinion that the proposed increased structure height will not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces and will remedy the currently existing abrupt scale situation caused by the existing low lying restaurant building. Staff concurs with the applicant's statements. Sign Exception The applicant has included with the project a request to permit the construction of a free- standing monument sign measuring 40 feet tall and which will be illuminated with exterior neon and interior lighting. The neon will be animated and will operate so as to increase in intensity from the bottom of the sign up to the top of the sign creating a shadowing effect. Applicant's Statement of Support In accordance with Section 20.06.090B of the Newport Beach Municipal Code, in order to grant an exception permit, the Planning Commission must find that the granting of such permit is necessary to protect a substantial property right, will not be contrary to the purpose of Chapter 20.06, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or injurious to property or improvements in the neighborhood, or to the general welfare of the City. .q-/ TO: Plan• g Commission - 8. • The following questions are asked on the application form regarding exceptions to the Sign Code. a. Why will the proposal not be contrary to the purpose of the sign ordinance? b. What exceptional or extraordinary circumstances are involved? C. Why is an exception permit necessary to protect a substantial property right? d. Why will the proposal not be detrimental to the neighborhood? The applicant has provided the attached statement of support of the exception application. Sign Area and Heigh The Sign Ordinance establishes sign requirements for freestanding commercial buildings. In addition to wall mounted signage, the regulations allow one monument (pole) sign for each freestanding commercial building. The total sign area (per face) is not to exceed 200 square feet and the height of the sign shall not exceed 25 feet. Section 20.06.100 of the Municipal Code allows deviations from these requirements only upon the review and approval of the Modifications Committee if an exception is not required. However, inasmuch as the sign is animated, an exception to the Sign Code is required. The applicant proposes a freestanding sign that contains 476± square feet in area (per face) and is 40 feet in overall height. The sign will be located approximately 100 feet in front of the existing theater complex and 5 feet from the sidewalk adjacent to Newport Center Drive. Staff is of the opinion that the increased height of the sign structure in that location would result in an abrupt scale and is out of character for the surrounding area. Staff has determined that the proposed sign would not be visible from surrounding residential areas. This is due to the fact that there are high rise office -buildings directly across Newport Center Drive to the east, as well as to the north. Sign Animation Section 20.06.070 A (4) of the Newport Beach Municipal Code state that prohibited signs include those which are flashing or animated electrical signs. The same section does allow deviation from the above noted restrictions, only upon the review and approval by the Planning Commission of an exception permit. The style of the proposed sign animation.is characterized,by the outline neon tubes around the perimeter of the sign which will dim in sequence from the bottom up creating a shadow effect moving up the sides of the sign. Staff is not aware of any existing, permitted animated signage anywhere within the City, with the exception of the Hard Rock Cafe sign and feels that adequate signage can be provided without animation. �f 6 6 TO: Planning Commission - 9. The Public Works Department has indicated that the proposed monument sign located at the intersection of Newport Center Drive and the entry drive be limited so as not to impair sight distance of vehicles exiting the subject property. The appropriate condition of approval has been incorporated into the attached Exhibit "W'. Comparison of Subject Sign and Hard Rock Cafe Sign The Planning Commission and the City Council approved Modification Permit No. 4015, a request to permit the installation of a double faced, animated, blinking, identification pole sign for the Hard Rock Cafe that contains 257± square feet per face and is 40 feet high. The proposed free-standing monument sign proposed by the applicant is compared to the Hard Rock Cafe Sign in the following table: Sign Location HeighHdghl Size (_sq.ft, per face) Distance from Public Sidewalk Theater: 40 ft. 475± sq.ft. 5± feet Hard Rock Cafe: 40 ft. 257± sq.ft. 210± feet The Hard Rock Cafe sign is located in a portion of the parking lot which is lower than the street and the public sidewalk. Staff is concerned that the proximity of the proposed free- standing sign to the public sidewalk and at the same grade elevation is abruptly out of scale as compared to the Hard Rock Cafe sign which is set back 210 feet and is located at a grade elevation substantially lower than that of the public sidewalk. Should the Planning Commission disagree with the applicant and wish to deny that portion of the request for the proposed sign, the following findings for denial are suggested and should be incorporated into the attached Exhibit "W'. Findings: 1. That the proposed increased height and size in conjunction with animation of the sign would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's request would not be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code. 2. That the approval of the proposed animated signage with increased height and size could set a precedent for the approval of other similar requests which could be detrimental to the area. 3. That there is no justification for approving the proposed increase height, size, and animation of signage, inasmuch as adequate identification can be provided without flashing or blinking and within the permitted 25 foot height and 200 sq.ft. per face permitted in the Sign Code. 4. That the proposed animation, increased height and size of the proposed identification sign is not compatible with the adjoining Fashion Island Planned ,59 TO: PlanlOg Commission - 10. 6 Community District Regulations, is not consistent with the Sign Code which is applied to all other commercial districts of the City, nor is it consistent with sign standard of other commercial Planned Community Districts. 5. That given the uniqueness of this Edwards Theater Complex that has been portrayed by the applicant, it is apparent that the main attraction of the facility does not necessitate an identification sign of such increased height, size and animation. 6. That signs of the type proposed are better suited within a more traditional downtown metropolitan setting other than Fashion Island, Newport Center or the City of Newport Beach. Proposed Off -Street Parkin The required parking for the existing Muldoon's Restaurant and remaining permitted office and retail uses within Design Plaza generate a requirement for 563 parking spaces (140,600± sq.ft. _ 250 = 562.4 or 563 spaces) for the office/retail use ,and 64 parking spaces for the Muldoon's Restaurant, for a total of 627 parking spaces. The proposed theater complex will result in a loss of 9 existing parking spaces on -site and 6 spaces on the common parking lot site immediately adjacent. As shown on the attached site plan included in the traffic study, the existing parking areas provide 677 parking spaces, except for 64 parking spaces allocated to Muldoon's Restaurant, 613 spaces available to the proposed theatre complex in the evenings, weekends and holidays. The applicant also intends to restripe the parking lot so as to generate a total of 668 parking spaces in Block 200. Based on parking requirements for public assembly uses, one parking spaces for each 3 seats would generate a requirement of 299 parking spaces (897 seats _ 3 = 299 spaces). The applicant is not proposing to provide required off-street parking, across Newport Center Drive, in the Fashion Island parking lot. However, staff is of the opinion that inasmuch as the existing theater complex has an informal agreement to allow 60 parking spaces to be utilized in the Fashion Island parking lot, people will not differentiate between which theaters the parking applies and will continue to park in Fashion Island parking lot. Staff has recommended in the past that some type of barrier be erected or grown so as to deter pedestrians from jaywalking across Newport Center Drive. In discussing this issue with the applicant, he has indicated that a low wrought iron fence could be placed in the landscape planter area between the Fashion Island parking lot and the public sidewalk, which would cause theatre patrons to walk .to the corner before crossing Newport Center Drive. If such a barrier could be installed, staff would have no objections to the continued use of the Fashion Island parking lot. An alternative to a wrought iron fence may be a hedge or row of shrubs measuring 30 inches high and 30 inches wide covering the length of the sidewalk fronting along Newport Center Drive. The existing hedge currently has openings for pedestrians to cross Newport Center Drive at unsignalized locations. The appropriate condition of approval has been incorporated into the attached Exhibit "A". rL TO: Planning Commission - 11. The applicant is also designing a sign program which will inform and direct patrons to the parking lot locations for the theater complex. The applicant will be working with the City Traffic Engineer in the design and placement of the proposed directional signage. Traffic Study No. 94 The proposed development will generate a significantly higher traffic volume than the former restaurant use previously occupying the property. Therefore, a traffic study was required to determine the compatibility of the proposed project under the guidelines of the City's Traffic Phasing Ordinance. A traffic study has been prepared for the proposed project in conformance with the City's Traffic Phasing Ordinance and City Council Policy S-1 to examine the consistency and conformity of the project with the City's Circulation Element. The City Traffic Engineer identified the following eight (8) intersections for detailed evaluation in the traffic study. 1. MacArthur Boulevard at San Joaquin Hills Road 2. MacArthur Boulevard at San Miguel Drive 3. Jamboree Road at San Joaquin Hills Road 4. Jamboree Road at Santa Barbara Drive 5. East Coast Highway at Jamboree Road 6. East Coast Highway at Newport Center Drive 7. East Coast Highway at Avocado Avenue 8. East Highway at MacArthur Boulevard The first step in evaluating an intersection's traffic volume capacity is to conduct a 1% traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects that the City has granted approvals. If the project's generated traffic is less than one percent traffic volume on all approach segments to the selected intersections during the projected peak 2-1/2 hour volume in either the morning or afternoon , then the project's traffic impact is -considered insignificant and in compliance with the City's Traffic Phasing Ordinance requirement. In the event that the project's generated traffic exceeds the one percent traffic volume analysis on any approach leg to any of the selected intersections, then further analysis would be required which consists of Intersection Capacity Utilization (ICU) analysis. The one percent traffic volume test was applied to the selected intersections and two of the intersections exceeded the maximum one percent volume test. The intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center exceeded 1% of the intersection traffic volume; therefore, further ICU analysis for that intersection became necessary. The ICU analysis indicated that the intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center are operating at acceptable level of service for the PM peak period. The intersection of MacArthur Boulevard/San Miguel Drive, currently maintains a Level of Service "B" with an ICU value of 0.63 and the intersection of East Coast Highway and Newport Center Drive maintains a Level of Service "A" with and ICU value of 0.41, less than required by the City's Traffic Phasing Ordinance. The proposed �1/ TO: PlanOg Commission - 12. • project would generate no trips in the morning peak hour and would generate additional trips in the evening peak hour. The additional trips on westbound approach at MacArthur Boulevard/San Miguel Drive and the eastbound approach at East Coast Highway/Newport Center Drive generated by the project would not deteriorate the existing ICU value or level of Service at the intersection. Therefore, the proposed project would not have any significant impact on the City's circulation network. The ICU analysis is contained in the Traffic Study. The Traffic Study for this project indicates that the proposed' additional three theater/auditoriums would generate 660 trip ends per day. Parkina_Studv Also included with the Traffic Study No. 94, was a detailed analysis of parking demand for the existing and proposed theatre/development. It was the determination of the consultant that there is adequate available parking in block 200 and 300 for the expanded operation. Combining of Parcels Required The plans submitted with this application indicate that portions of the proposed theater structure is to be constructed across an existing interior lot line. Inasmuch as this is not consistent with Section 20.87.090, or the Uniform Building Code, the applicant has been apprised of the situation and has agreed that either the structure will be redesigned so as not to cross the lot line or a lot line adjustment will be filed to either relocate the lot line or to eliminate the interior lot line joining the two parcels into a single building site. Either of the solutions will be adequate to satisfy the requirements of both the Planning Department and the Building Department. The appropriate conditions of approval have been incorporated into the attached Exhibit "A". Specific Findings and Recommendations Chapter 15.40 of the, Municipal Code requires that the Planning Commission make certain findings in conjunction with its approval of a traffic study. Section 20.80.060 of the Newport Beach Municipal Code also provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Traffic Study No. 94, Exception No. 46 and Use Permit No. 1527 (Amended), the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. No exhibit for denial has been provided, inasmuch as staff is of the opinion that no findings may be reasonably made in support of the denial of these applications, other than for the exception to theSign Code discussed above. However, should information be presented at the public hearing which warrants a denial of these applications, the Planning Commission may wish to take such an action. TO: Planning Commission - 13. PLANNING DEPARTMENT JAMES D. HEWICKER, Director sy� er�, s Ja S. Gazcit Senior Planner Attachments: Exhibit "A" Vicinity Map Negative Declaration Excerpt of Planning Commission Minutes dated March 21, 1968, April 29, 1971, October 23, 1986 and January 7, 1988 Excerpt of City Council Minutes dated June 14, 1993 Letter of Justification from Applicant Regarding Height Request Letter of Justification from Applicant Regarding Sign Request Traffic Study No. 94 Resolution Site Plan, Floor Plans and Elevations V3 TO: PlanA% Commission - 14. • EXHIBIT "A" ACTIONS FOR GENERAL PLAN AMENDMENT NO. 94-1(B) AND FOR TRAFFIC STUDY NO. 949 AND FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1527 (AMENDED) AND EXCEPTION PERMIT NO.46 A Environmental Document: 1) Accept the Environmental Document with the following findings and mitigation measures: Findings: 1. That during the course of construction pollutants from machinery, delivery trucks, and workers' vehicles would be released. In addition, dust would be generated by earthmoving and construction operations. The following mitigation measures are required in order to reduce these impacts below the level of significance. 2. That the proposed project could produce light and glare that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting features around the new building, directional signs and security lighting as required. The following mitigation would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. 3. That since the proposed use is inconsistent with the City's General Plan, the following mitigation measure is required to eliminate potentially significant effects to land use. 4. That the distance of some of the proposed parking spaces, combined with the lack of easy access to the southerly parking areas, raised the concern that some patrons may choose to park in the Fashion Island area and jay -walk across Newport Center Drive to the theaters, which would create a public safety problem. That this concern could be substantially reduced by the following mitigation measures. S. That the project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. As a result, the applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K-5 and K-6 regarding archaeological and paleontological surveys and recovery of resources. 6. That on the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly 47 TO: Planning Commission - 15. degrade the quality of the environment. 7. That there are no long-term environmental goals that would be compromised by the project. 8. That no cumulative impacts are anticipated in connection with this or other projects. 9. That there are no known substantial adverse affects on human beings that would be caused by the proposed project. Mitigation Measures 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 15.04.140) and AQMD Rule 403. 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low -emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines e) Use of low -sulfur fuel for stationary construction equipment 0 Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference 3. That prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. That,prior to issuance of a building permit for any theater expansion, a General Plan amendment shall be approved to allow an additional TO: Planing Commission - 16. • 897 theater seats in Newport Center Block 200, 5. That prior to issuance of a building permit for the theater expansion, a parking control plan acceptable to the City Traffic Engineer shall be submitted by the applicant. The plan shall address parking lot restriping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., lighting) so as to minimize illegal parking, congestion and idling during peak periods. 6. That prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. 7. Prior to issuance of a certificate of occupancy for the theater expansion, a pedestrian barrier meeting the approval of the City Traffic Engineer shall be installed adjacent to Newport Center Drive between San Miguel Drive and Anacapa Drive. 8. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K-5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. B. General Plan Amendment No. 94-1(B): 1) Adopt Resolution No. , recommending to the City Council adoption of General Plan Amendment 94-1(B), amending the Land Use. Element of the General Plan, to alter the policy statements for Statistical Area No. L-1 in order to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and C. TRAFFIC STUDY NO 94: 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 'primary' street. 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 seven of the eight study intersections and that the ICU analysis for the intersections of MacArthur Boulevard/San Miguel Drive and East Coast Highway/Newport Center �4 0 TO: Planning Commission - 17. Drive, indicates that the ICU values for the A.M. and P.M. peaks will not be altered by the addition of the project. D. USE PERMIT NO.1527 (Amended, Approve subject to the applicable findings and conditions of approval set forth below. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new buildings applicable to the district in which the proposed project is located. 2. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. That adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. That the off -site parking areas are located so as to be useful to the proposed theatre use. 5. That the parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 6. That the increased building height would result in more public visual open space and views than is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. 7. That the increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone in that the tower structure and lobby cupola create a landmark for identification and tie in architecturally to the proposed building. 8. That the increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments, inasmuch as the proposed structure is similar in size and scale to the existing buildings located on either side of the subject site which does not abruptly impact public spaces. 9. That the proposed structure will have no more floor area than could have been achieved without the use permit. 10. The approval of Use Permit No. 1527 (Amended) 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 ' /O TO: Plannifig Commission - 18. • injurious to property or improvements in the neighborhood or the general welfare of the City; and further, that the proposed modification to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off- street parking, is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527, and Use Permit No. 1527 (Amended) shall remain in full force. 3. That the mid -week daytime matinees shall be prohibited and that screeings shall not begin until after 5:30 p.m. in the evening on weekdays. 4. That a minimum of one parking space for each 3 seats (299 parking spaces) shall be provided for the subject theatres on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 897 seats (Block 200). 5. That a continuous, permanent barrier, at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. In the case of a plant barrier, the plants shall be a minimum of 30 inches high and 30 inches across shall be established between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. 6. That the on -site vehicular and pedestrian circulation systems shall be approved by the City Traffic Engineer. 7. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress, except as noted in the following conditions of approval. 8. That amended off -site parking arrangements shall be approved by the City Council guaranteeing that the following off -site parking location shall be provided to the subject theatre: a. Parcel 3 of Parcel Map 93-106 (Resubdivision No. 997) located in the common parking lot bounded by Newport Center Drive, Anacapa Drive, Farallon Drive and Block 300 Theater Plaza. Said parking shall be for the exclusive use of the theatre and shall provide a minimum of 299 parking spaces. ap 70 TO: Planning Commission - 19. • 9. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 10. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 11. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 12. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 13. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 14. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 15. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 16. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 17. That all access to the buildings be approved by the Fire Department. 18. That all applicable conditions of approval of Resubdivision No. 997 shall be fulfilled. 19. That disruption caused by work along roadways and by the 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 Newport Center Drive Right -of -Way. 20. That the proposed marquee monument sign shall be setback from the Newport Center Drive public sidewalk in order to provide adequate sight distance in conformance with the City's Sight Distance Standard 110-L. 21. That handicap access shall be provided through the entry driveway median on Newport Center Drive and the design shall be approved by the Public Works Department. That all work shall be completed prior to occupancy of the new theaters. LH TO: Planning Commission - 20. • 22. That all improvements be constructed as required by ordinance and the Public Works Department. 23. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 24. 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. E. Exception Permit No. 46: Approve as proposed by the applicant subject to the applicable findings and conditions of approval set forth below. Findings: 1. That the proposed identification sign will not be detrimental to the surrounding area or increase any detrimental effect of the existing use. 2. That the proposed identification sign will not be visible from any of the surrounding residential properties. 3. That the nature of the request is unique in that there are a limited number of the subject theater facilities of this size throughout the county. 4. That the proposed signage will not set a precedent for other signs of a similar nature, inasmuch as the proposed location is within the Newport Center/Fashion Island Planned Community and is consistent with other signs approved in Fashion Island. 5. That the signage, as approved, will not be detrimental to persons, property or improvements in the neighborhood, and that the exception is consistent with the legislative intent of Title 20 0£ the Newport Beach Municipal Code and the Fashion Island Planned Community Development Plan and District Regulations. Conditions: 1. That development shall be in substantial conformance with the approved plot plan, and elevations. 2. That the identification sign shall not exceed an overall height of'40 feet as measured from existing grade. 3. That the area of the identification sign shall not exceed 476± square feet per face. 4. That the animation of the proposed identification sign be limited to that which was presented in the public hearing, and further described within the staff report. o5"D Department Vicinity Map GPA NO. 94-1 TRAFFIC STUDY PERMIT NO. 1527 EXCEPTION PERM WENDED) NO. 46 CI:r OF NEWPORT BEAC• FL p 3300 Newport Boulevard - P.O. Box 1768 Ncupor,Bcach,CA 92659.1768 jUN 133 19�S'' NEGATIVE DECLARATION By _ �_ DfliCo•o4PA&99P1Xd Research 1400 Tenth Street, Room 121 Sacramento, CA'95514 County Clerk, County of Orange XXX Public Services Division P,O. Box 838 Santa Ana, CA 92702 From: poSTED furl o 31994 GARY 1, GRRNYIIIE, County Mlk Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659.1768 (Orange County) Date received for filing at OPR/Counly Clerk: PublicrMewperiod June 3, 1994 thru June 24, 1994 118094 jNrarrleofproject. Edwards Cinemas Big Newport Triplex Addition, GPA 94-1(8.), TPO # 94, Use permit No. 1527(A) Project Location: 210 Newport Center Drive, Newport Beach, CA 92660 The proposed project involves demolition of an existing vacant project Description: restaurant building, construction of a new structure which would contain three new cinemas which have a total of 897 seats. Finding: Pursuant to the provisions of City Council Policy K•3pertaining toprocedures and guidelines toimplement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the enviionment. A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-maker(s) priorto fmal action on the proposed,project. if a public hearing will.be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you arc invited to contact the undersigned. , If you wish to appeal the appropriateness or adequacy of this document,your eommentssbo@d be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact the undersigned. Date John Douglas, 1CP Enviro Rrcntal C dmalor n • • ENVIRONMENTAL AHALYsIs CHECKLIST CITY OF NEWPORT BEACH I. BACKGROUND 1. Application Not General Plan Ar-jendrent 94-1(D), Traffic Study No. 94 2. Project name: Edwards Cinemas Bin Newport Triplex Addition 9. Project locations 210 Newport Center Drive, Newport Seach, CA 92660 4. Applicant: Edwards Theatres Ci-rcuit Inc. II. ENVIRONMENTAL IMPACTS (See attached explanations) S=Significant P.S.=Potentially N.S.=Hot S P.S.. H.S. significant Significant 1. Earth. Would the proposal result in: a. unstable earth conditions or in changes in geologic substructures? ,, b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? — X d. The destruction, covering or modification of any unique or features? geologic physical _XV e. Any increase in wind or water erosion of soils, either on or off the site? — f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudelides, ground failure, or similar hazards? 2. Air. Would the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? %Y,, _ C. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ -�3 Environmental Analysis Cho* at - Pago 2 • ? p•S. �a 3. KWator. would the proposal result in: a, changes in currents, or the course of direction of water movements, in either fresh waters? marine or b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? C. Alterations to the course or flow of flood waters? r d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow water? of ground _. g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cute or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? _ 1. Exposure of people or property to water - hazards as flooding or tidal waves? related such 4. Plant Life. Would the proposal result in: a. Change 'in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, species of rare or endangered plants? _ C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ d. Reduction in acreage of any agricultural crop? _ S`f • Environmental Analysis Checklist • Page 3 E.S N S S. Animal Life. Would the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell -fish, benthic organisms, or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration of existing fish or wildlife habitat? 6. Noise. Would the proposal result in an increase in existing noise levels, or exposure of people to severe noise levels? _ X 7. Light and Clare. Would the proposal produce new light or glare? _ 8. Land Use. Would the proposal result in a substantial alteration of the present or planned land use of an area, or conflict with existing land use regulations or policies? I _ 9. Natural Resources. Would the proposal result in an Increase in the rate of use of any natural resources? 10. Risk of Accident. Would 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? b. Possible interference with an emergency response or evacuation plan? 11. Population. Would the proposal alter the location, distribution, density, or growth " rate of the human population of the area? 12, Housing. Would the proposal affect existing housing or create a demand for additional housing? _ _ Environmental Analysis ChecOist • Page 4 • $ P.S. ice.S 13. Transportation/Cireulation/P rking. Would the proposal result in: a. Ceneration of substantial additional vehicular movement? X _ b.' Effects on existing parking facilities, X. or demand for new parking? _ C. Substantial impact upon existing transportation X_ systems? _ _ d. Alterations to present patterns of circulation or movement of people and/or goods? ._ _ _ e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? 14. Public Services. Would the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Haintenance of public facilities, including roads? f. Other governmental services? _ 15. Enerev. Vould the proposal result in the use of substantial amounts of fuel or energy, a substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ 16. Utilites. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Electricity or natural gas? _ ____ b. Communications systems? — _ C. Water or wastewater? _ _ d. Storm water drainage? — e. Solid waste and disposal? — ____ Y. X il Environmental Analysis Checklist - Page 5 $ �S� N•S• 17. suman nealth. Would the proposal result in the creation of any health hazard or exposure of people to a potential health hazard (excluding mental health)? _ Ia. AosthstiU. Would the proposal result in the obstruction of any scenic vista or view open to the public, or result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Would the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ 20. Cultural Resources. Would the proposals a. Result in the alteration or destruction of a t� prehistoric or historic archaeological site? !X` b. Result in adverse physical or aesthetic effects on a prehistoric or historic building, structure, or object? C. Have the potential to cause a physical change which would affect unique ethnic cultural values? _ d. Restrict existing religious or sacred uses within the potential impact area? -- -XH M. HANDATORY FINDINGS OF SIGNIFICANCE. 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or pre -history? 2. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts endure well into the future.) _ _ Environmental Analysis Chbeist - Pago $ P.S• F.S. 3. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may have an impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant) or, a project may have incremental impacts that are individually minor, but are considerable when viewed in connection with the effects of other past, present, or probable future projects.) 4.. Does the project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? IV. DETERMINATION On the basis of thin initial evaluations (j I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION' WILL BE PREPARED. (X) I find that although the proposed proje6i could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached pages have been incorporated into the project. A NEGATIVE DECLARATION WILL BE PREPARED. Prepared by: Signature: Attachment: I find the proposed project MAY have a significant effect on the environment, and an ENVIRORHENTAL IMPACT REPORT is required. Aziz li. Aslani (Associate Planner) Environmental Analysis Checklist Explanations (;\... \F0^-MS\CHECKIST.IS P.evisdd 1219E Dates 5-26-1994 ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS Edwards Big Newport Theater Expansion General Plan Amendment 94-1(B) Use Permit No. 1527(A) Traffic Study No. 94 Project Description The proposed site is located on the southwesterly corner of Newport Center Drive and San Miguel Drive within Block 200 of Newport Center (see Vicinity Map). The site is surrounded by some retail and service commercial, medical offices and professional office buildings. Currently there is a restaurant, known as Good Earth, which remains vacant on the subject site. The proposed project is an addition to the existing Edwards Big Newport Cinemas which will involve demolition of the Good Earth Restaurant located adjacent to the west of the existing Edwards Theaters and construction of a new structure that would contain three new theaters of 299 seats per auditorium (a total of 897 seats), second level offices for Edwards Theater executives, three new projection rooms, a new lobby and a covered court area to connect the new structure to the existing theaters. The bulk of the proposed addition is estimated at 34,000 sq.ft. The subject parcel is approximately 0.346 acre in size. Analysis The following discussion provides explanations for the conclusions contained in the Environmental Analysis Checklist regarding the proposed project's environmental Impacts. 1. Earth The site is developed with a one story building that was used as a restaurant. The existing structure will be demolished to accommodate for the proposed addition, therefore, some excavation, backfill and grading of the site will be required. Construction activities will result in some soil disruption and compaction or soil displacement. Due to substantial grade difference, between the existing theaters and the proposed new theaters, an estimated 6,250 Cubic Yard of fill material will be required. A geotechnical report has been prepared for the site indicating that soil contents of the site have sufficient quality to sustain the proposed improvement. There are no known active faults in the vicinity of this project. The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for geotechnical evaluation and appropriate erosion control methods. Compliance with the City Excavation and grading Code would reduce potential impacts to an insignificant level. —a' 2. Air Construction impacts During the course of construction pollutants from machinery, delivery trucks, and workers' vehicles would be released. In addition, dust would be generated by earthmoving and construction operations. The following mitigation measures are required in order to reduce these impacts below the level of significance. Mitigation Measures 1. All grading activities shall comply with the dust suppression provisions of the City's Grading and Excavation Code (NBMC Sec. 15.04.140) and AQMD Rule 403. 2. Construction operations shall utilize methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use of low -emission construction equipment b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines e) Use of low -sulfur fuel for stationary construction equipment f) Use of on -site power instead of portable generators g) Coordinate construction operations to minimize traffic interference Operational impacts The proposed theater expansion would add approximately 34,000 square feet to the facility, which is slightly larger than the 30,000 square -foot threshold of significance established by the South Coast Air Quality Management District for potential impacts to air quality. Mitigation measures are therefore required to ensure that these impacts are reduced to a level that is less than significant. Mitigation Measure #5 under the Transportation/Parking section below would satisfy this requirement. 2 Initial Study -Edwards neater Firnsion IoP There are no other operational characteristics of the project such as hazardous or toxic materials that could adversely, affect air quality. 3. Water The area surrounding the proposed site is developed with sidewalks, curbs and gutters. Surface drainage is provided by an existing 42" RCP storm drain system. The proposed improvements would not substantially increase water runoff or affect any drainage pattern. Provisions for drainage requirements are contained in the City Excavation and Grading Code. 4. Plant Life The proposed site is located in a developed area of the City and the project will not affect any natural vegetation. 5. Animal Life The project is located in an urbanized area of the community and no significant impact to wildlife would be anticipated. 6. Noise Construction Impact Existing ambient noise levels would be increased during construction period. Any construction activity would be required to comply with the noise limitations in the City's Noise Ordinance (NBMC Chapter 10.28) and would be restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. This restriction, combined with the temporary nature, of construction noise, would reduce construction noise impacts below the level of significance. Operational Impacts Operational noise impacts would result primarily from traffic generated by the project. The project would add about 660 average daily trips to the street network at full operation. These trips would be distributed in various directions as shown in Exhibit 3 in the traffic study. According to accepted rules of thumb for noise impact analysis, a 25% increase in traffic volume is necessary to cause a 1 dB increase in ambient noise. Since project -related traffic increases would be substantially less than 25% of existing and projected future volumes, no new significant impacts would be anticipated as a result of the proposed action. 7. Light and Glare The proposed project could produce light and glare that could adversely affect nearby residential properties. The primary external light would consist of decorative lighting 3 Initial Study - Edwards Theater Expansion n features around the new building, directional signs and security lighting as required. The following mitigation would ensure that any exterior lighting is designed such that potential impacts from nuisance glare would not be significant. Mitigation Measures 3. Prior to the issuance of any building permit the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 8. Land Use The site is located in Block 200 of Newport Center and is designated for Administrative, Professional and Financial Commercial land use in•the City's General Plan Land Use Element. The theater complex, located in the adjacent Block 300, is currently limited by the General Plan to the existing 2,050 seats. No theater use is allocated in the General Plan for Block 200. A General Plan Amendment is proposed to allow the additional 897 theater seats in Block 200. The zoning designation for the property is APF-H. Theaters are allowed in this district under support retail uses. The current zoning designation permits theater operations subject to the securing of a use permit. This project is located outside the Coastal Zone and approval of a Coastal Development Permit is not required. Since the proposed use is inconsistent with the City's General Plan, the following mitigation measure is required to eliminate potentially significant effects to land use. Mitigation Measures 4. Prior to issuance of a building permit for any theater expansion, a General Plan amendment shall be approved to allow an additional 897 theater seats in Newport Center Block 200. 9. Natural Resources The use of natural resources would not be significantly affected by this project. 10. Risk of Accident No toxic or hazardous materials would be used or stored on the site. Therefore the proposed expansion would not present the potential for a public health and safety 4 Initial Study- L•daards Theater Mrnston &A hazard. 11. Population The proposed project would be expected to cause a minor increase in employment, however, no significant population increase would result from the project. 12. Housing The project would be estimated to result in a few additional employees in the Newport Center area. This minor increase in employment would not be expected to generate a significant increased demand for housing. 13. Transportation/Parking Circulation system impacts: Presently the subject site is a vacant building that was used as a restaurant. The City's Traffic Engineer has determined that a traffic study is necessary under the requirements of the Traffic Phasing Ordinance. The results of the traffic study are summarized below. The full study is available for review in the Planning Department. The traffic study determined that of the eight intersections that could be significantly affected by the proposed project, one intersection exceeded the one percent volume threshold for Intersection Capacity Utilization (ICU) analysis: Coast Highway East @ Newport Center Drive. ICU analysis was performed for the p.m. peak period and determined that the ICU values of this intersection would remain well within acceptable levels with the addition of the proposed project (0.48 p.m. peak ICU). This intersection currently operates at Level of Service (LOS) A during the P.M. peak hour and would continue to operate at LOS A with the addition of the project related traffic volumes. The project would generate a negligible increase in traffic during the a.m. peak period. Therefore, traffic generated by the proposed project would have no significant impact on the existing circulation system. No detailed General Plan analysis was determined to be necessary since projected ICU values for this intersection are well within acceptable limits at General Plan buildout. ParkinE, Since the majority of the tenants in Block 200 are professional offices that require very little parking after 5:00 P.M., the existing theaters result in an efficient use of available shared parking. The proposed addition would not modify the existing ticket sale restriction on movies starting before 5:00 P.M. In order to determine whether adequate parking is available to serve the proposed expansion a parking survey was conducted. Currently there are a total of 651 parking spaces provided for Block 200 of Newport 5 Initial Study- Ed%mr& TheaterTapansion nm 1r Center which are shared by the existing tenants. The proposed development would result in the loss of 15 parking spaces. However,, by re -striping of the parking layout and converting existing parking spaces to the City's current 8.5 foot parking stall width, 32 spaces could be gained. Therefore, the total number of parking spaces for Block 200 would be 668 spaces (651-15+32=668). The parking requirement for the proposed development is one parking space per three (3) seats during the peak use period (Saturday evening), requiring 299 spaces (897/3 = 299). The parking survey determined that although sufficient parking spaces are available to meet the peak demand within Block 200, a portion of this parking is located in excess of 700 feet from the theater entrance. This distance, combined with the lack of easy access to the southerly parking areas, raised the concern that some patrons may choose to park in the Fashion Island area and jay- walk across Newport Center Drive to the theaters, which would create a public safety problem. The following mitigation measures would substantially reduce this concern. Mitigation Measures 5, a. Prior to issuance of a building permit for the theater expansion, a parking control plan acceptable to the City Traffic Engineer shall be submitted by the applicant. The ,plan shall address parking lot restriping, signage (both vehicular and pedestrian), traffic control, and parking area security (e.g., lighting) so as to minimize illegal parking, congestion and idling during peak periods. b. Prior to issuance of a certificate of occupancy for the expansion, the parking control plan shall be implemented and approved by the City Traffic Engineer. 6. Prior to issuance of a certificate of occupancy for the theater expansion, a pedestrian barrier meeting the approval of the City Traffic Engineer shall be installed in the median of Newport Center Drive between San Miguel Drive and Anacapa Drive. 14. Public Services There are sufficient public or governmental services that serve the area and the project would not create a significant additional demand for these services. 15. Energy No significant increase in the use of energy is anticipated. 16. Utilities and Service Systems No significant alteration or expansion of existing utility system is anticipated as a Initial Study- EdHartk'fimalcr Expansion W 7 k result of the proposed development. 17. Human Health Since the proposed use is a theater, the proposed project is not anticipated to utilize hazardous materials on the site, therefore no adverse affect on human health is anticipated. 18. Aesthetics Compliance with the provisions of the City's Zoning Code regarding the project's design, signs, landscaping and other aesthetic features of the site would ensure that no view blockage or other significant effects would result. 19. Recreation The quality and quantity of recreational activities would not be impacted by the project. 20. Cultural Resources The project site is located in an area where archaeological and paleontological resources have been discovered in the past and may be expected to exist on this site. As a result, the applicant will be required to comply with the following mitigation measure, which requires compliance with Council Policies K-5 and K-6 regarding archaelogical and paleontological surveys and recovery of resources. Mitigation Measures 7. Prior to issuance of a grading permit, the applicant shall demonstrate to the Planning Department that the project will comply with Council Policies K-5 and K-6 regarding archaeological and paleontological resource investigation, surveillance and recovery. Mandatory Findinps of Significance 1. On the basis of the foregoing analysis, including the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long-term environmental goals that would be compromised by the project. 3. No cumulative impacts are anticipated in connection with this or other projects. 7 Initial Study - Ed%zrds neater Expansion /_ 1 � PA 4. There are no known substantial adverse affects on human beings that would be caused by the proposed project. R\...\traffic\tpo91\neg-dee 8 Initial Study - Edwards 7beaterF.Vansion b t �_ Vicinity Map GPA 94 - 1 (B) Traffic Study No. 94 y i M ,�4 0 f f �N Proposed w Site - S e� jti�''.J\•ti•\•\ X V J•J�J�I:J:f1J�� p 1 Planning 4-1 MITIGATIO&ONITORING AND REPORTIAROGRAM Edwards Theaters Expansion GPA 94-1(B) Traffic Study No. 94 I. OVERVIEW This mitigation monitoring program was prepared in 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 mitigation measures adopted as part of this project will be carried out. Attachment 1 summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through 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 procedures for these three types of mitigation measures are summarized below. 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 inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, 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 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 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. Mitigation measures implemented through post -construction monitoring. If any mitigation measures require verification and reporting after construction is completed, the City will 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. P:\.-\a7A-a\ttarric\ipo94\mm-emr. , (j 7 Mitigation 1. .ul graamg acttvt[res shall comply with the dust suppression provisions Of the Citys Grading and Excavation Code' (NBMC Sec 15-04.140) and AOMD Rule 403. Construction operations shall utilize Methods to reduce pollutant emissions to the greatest extent feasible. Such methods include the following: a) Use Oflowemissionconstruction equipment. b) Rideshare program and incentives for construction employees c) Suspend grading operations during first and second stage smog alerts d) Maintain construction equipment with properly tuned engines e) Use of low -sulfur fuel for stationaryconstructionequipment f) Use of on4ite paver instead of portable generators g) Coordinate construction operations to minimize traffic interference MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Edwards Big Newport Thater Expansion M0# 94) nplementing Action M e t h o d o f Timing of Verification Verification andition of Approval Plan Check; Fcld During Construction Inspection Condition of Approval 1 Plan Check; Feld During Construction Inspection Person inspector Manning and Building • Department plan checkers and inspectors • 3. Prior to the issuance of any building Condition of Approval Plan Check Prior to the issuance of a Building bcpartment plan permit the applicant shall building permit .checker demonstrate to the Building Department that -the -lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and Pure to the adjacent residential uses. The plan "shalt be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied. 4. Prior to issuance of a building permit for any theater expansion, a General Condition of Approval Plan Check Prior to the issuance of a Planning Department plan Plan shall be approved to allow an building pctmit ehecker,Buildinginspector additional SW theater seats in Newport Center Block 200_ S. a. Prior to iscuance of a building for the Condition of Approval Plan Check Prior to the issuanceofa Planning Department plan permit theater expansion, a parking control plan building permit ehecker,Buitdinginspector acceptable to the City Traffic Engineer -shall be submitted by the Applicant. 'Ile plan shalt address puking -lot restriping, signage (both vehicular and pedestrian), traffic, control, and parking area security (rag., lighting) so as to minimize - illegal parking, congestion and idling during peak periods b. Prior to issuance of a certificate of for Condition of Approval Plan Check; Feld Prior to the issuance of a Planning Department plan occupancy the expansion, the parking control plan inspection certificate of occupancy checker shall be implemented and approved by the City Traffic Engineer. 2 • G Prior to issuance of a certificate of occupancy forthe theatere Condition of Approval a pedestrian barrier zPansion, approval Of the C,r meeting the shall be installed q'Traffic Engineer to the median of Nea'Port Center Drive between San Miguel Drive and Anacapa Drive. Z Prior to' Issuance of a gradingpermit, tlanninhe iDepartcant demonstrate to the Condition ofA Planning Departmentthatthe Approval will comply With Council Poliria K-5 and K-6 regarding archaeological and Paleontologicalre5 urceinvaligati surveillance and recovery. on, t?\...\v1z'a\TPo94\mm-table I� v 3 Plan Check field inspection Plan check Prior to the issuance of a certificate of occupancy Prior to issuance of a grading Permit Planning Department plan checker Planning Department plan checker • *MTICE OF PUBLIC HEAIZIN-Q • Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the applications of Edwards' Theaters Circuit. Inc. for General plan Amendment No 94-10Traffic Study No 94 and Use Permit No 1527 (Amended) on property located at 2]0-300 hk%iXort Center Drive. Newport Cinemas NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the Z day of July 1994, at the hour of 7.30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Anne Gifford, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant OTY OF NEWPORT BEACP COMMISSIONER ?larch 21 , 1908 0 � 1` F \� ��, The a i. ' 3n was approved subject t0 the i�Ot100 ! j I pp pp .1 I . •X following con' -ions: ! Second x' ! All Ayes, I i ! i 1. - rat the sale of �" drd wine be in ` connection with a bon ='de eating place. 2. The use permit to be granted for a 2 year period. j ?-1347 I ED'WARDS THEATRES CIRCUIT, INC. S.t. Corner ,rewport Center I ?PROVED Drive East and San Niguel Dr.;!I I I i l l i j Por. Block 93 Irvine's Subdivision Zone C-O-H-UL Applicant requests approval to construct a j l theatre in the C-O-H-UL District. Mr. 'avid Taylor represented the applicant at I j the r.eeting. The application was approved subject to the i Motion xI i following conditions: Second i ' i I Ix i All Ayes I I 1. That an access agreement for the sub- I ' ;;act parcels be approveo by the Planning Director and City Attorney. 2. That the par'r.in5 agree-ent of The rvi re Com:3-nf and Edwards Theatre Circ.l`Inc. �e sLDMittec for approval 0T trie Planning^ Director and City Attorney. ; 3. A com:*.ezed set of working drawings ; ..1 sLnstalitia, c0'.pi:arce with the i.pprevec prel _r inary plane and lnclud- cet Ted ian.lny and irrigation Tans sna1 i be s :,.., tte;. to the Planning i Jirectar for approval witr.in a one year peri0.:. Faii..re to provide sue❑ plans arc gain all racessary planning appro- vals srali cause the ,.se permit to be- 006ie n,"I and void unless an extension ' is ruti,.ested and approved. 4. A*.1 builcir.g and site signing and light, ! ; irg srall be identified on working j I drawings and approved by the Planning Director prior to the issuance of a building permit. Page 9. Wo �nnissioMRs' CITY OF NEWPORI BH MINUTES -April 29, 1971 IMI 5. That the ui -" ' Bpi^coected and any violations shall be corrected. Ite Request to permit a 500 seat addition to the existing 1252 USE seat Edwards Newport Cinema. M Location: Parcels 1 and 2, Block 300, Newport Center located at 300 Newport Center Drive East, on API the easterly side of Newport Center Drive East SF between Anacapa Drive and San Miguel Drive Zone: C-O-H Applicant: Edwards Theatres Circuit, Inc., San Gabriel , �i: Owner: The Irvine Company, Newport Beach Zoning Administrator Hewicker presented the application to the Commission. A lengthy discussion ensued regarding the off-street parking. Chairman Jakosky noted that he period=• t lbrequests a alcount the otark been area utodateafull count has9received, for the entire Mr. Jim Edwards was present and stated that the only facilities open at night, when the "joint use" of parking would be used, are the theatre and Milo's Health Club. It - was noted that the theatre addition would be operated after 5:30 P.M. except on Saturdays, Sundays and holidays. It was noted that they would show different pictures in each theatre. X After further e followingcondit 1the scussions was approved, subjecttoth 1. That a resubdivision application be filed incorporat- ing the entire theatre site. Said resubdivision shall not require further Planning Commission review. 2. That a legal description describing the site be I furnished to the Department of Community Development. 3. The applicant will furnish the City an off -site park- ing agreement, satisfactory to the City Attorney, i providing for the joint use of 100 parking spaces to be available after 5:30 P.M. on weekdays and all day on Saturdays, Sundays and holidays. all ot 4 Mati1250nee at anywonesin timeboth excepteonres weekhendsnexceed andholii.d7ays. IPa9e:6. {w!+•!: \.VIYVVIWJI VIVCttJ: io 'J ROLL CALL � OrY OF• NEWPORT April 29, 1971 5. Landscape plans, including a watering facilities plan, prepared by a landscape architect, licensed landscape contractor or architect, shall be submitted to and approved by the Director of Community Develop- ment. Landscaping shall be separated from paved areas by a raised curb six (611) inches in height. Item 7. USE - Request to permit a drive -up auto teller facility at the Newport National Bank. PMIT :+ Location: Portion of Block 93 of Irvine 's Subdivision, M-.-TT28 ix located at 1666 MacArthur Boulevard, on the APPROVED southwesterly corner of Pacific View Drive and MacArthur -Boulevard -(realigned). '�+•'„�•.:::,. Zone:=•C-0-H . • , .;••Y•• •.te�is licant: Newport National Bank, Newport Beach Oime The Irvine Company, Newport:Beach e 'Zoning A ni,strator the'application'•to"tti Heivicker'presented; Commission. Mr. Paul Ruffin with William P. Ficker, Architect, represent ed the applicant, d answered questions of the Commission. lotion X Following a discussio regarding the driveways, circulation iecond X and pedestrian crosswal the application was approved, 111 Ayes subject to the following c ditions: 1. The stacking lanes be s iped and furnished with directional markings to satisfaction of the City Traffic and Parking Enginee 2. Pedestrian crosswalks shall be rked between the two adjacent parking areas and th sidewalk leading to the main entrance. Item,B. Request to permit the sale of alcoholic beverages eer and USE wine only) in conjunction with a combination delicate en/ P MIT restaurant located within 200 feet of a residential dis ict. 29 APPROVED Location: Portion of Lot 2, Tract 4824, located at 1132 Irvine Avenue (Westcliff Plaza). Zone: C-O-H Page 7. . ••yy. .. ')Ss ,F I WJ(Y ''�, , •.• �•+ • k' 1, :�v ,,,T;y,•,;:., i�A' �"•..,'.: i ::.,r1'�,.' .fie - ,;•:.. •., .• eta -..... �.':. • •. .�'�: I' �,y`.�.i•Y•' 11 �� i {•t+f :" r...,:�r, • .A^tl` .: 1. f^.•• ,., ...,..,F,• p'�[' 1r Yh,� a.'- �(yy -+•Cyr{, ,• s.• „/ry��.�.•y.;.;...�. •(}-�.WMT.' ..'•r ..'• .. �S .w•.'� /i �.•:1+ � .'T ., �.a:s•al �]!; f�l'M II4�G'la•A:.V,.. �q',i1W^l:.C".'Y!'Yb%R1W]�3`�T. l COMMISSIONERS k a A n y 0 � �+ GyyF NO �i �9 At° �Z y9 yf�yGC.;y MINUTE; October 23, 1986 CITY OF NEW/PORT BEACH ROLL CALL INDEX satisfactory to the City Attorney and the Planning D •actor, providing for a mutual easement for ingre , egress and parking on the subject lots. 4. That the me n island in Bayview Place at Crystal Bay Drive be m ' fied to remove the island from the crosswalk area conformance with plans to be approved by the Public rks Department. 5. 'That an agreement and acco anying surety be provided to guarantee satisfacto completion of the public improvements if it is des; d to obtain a building permit prior to completio of the public improvements. A. Use Permit No. 1527 (Amended) (Public Hearing) Item No.2 Use Perm: Request to amend a previously approved Use Permit which permitted an expansion of the existing Edwards Theatre No. 1527; in Newport Center located on property in the C-O-H District. The proposed amendment includes a request to TS further expand the theatre so as to add two new audi- — toriums containing a total of 600 new seats. The Approved proposal also includes: a modification to the Zoning Code so as to permit the use of compact parking spaces; the approval of an amended off -site parking agreement for a portion of the required off-street parking at the southeasterly corner of Newport Center Drive and San Miguel Drive and the approval of a new off -site parking agreement for a portion of the required off-street parking involving a portion of the Design Plaza parking area, located at the northwesterly corner of Avocado Avenue and Farallon Drive; and the acceptance of an environmental document. AND B. Traffic Study (Public Hearing) Request to approve a traffic study so as to permit the addition of two new auditoriums containing a total of 600 new seats at the existing Edwards Theatre complex in Newport Center. LOCATION: Parcel A of Parcel Map 25-1 (Resub- division No. 260, and Parcel No. 1 of Parcel Map 60-36 (Resubdivision No. 454) (building site); and Parcel A of -4- COMMISSIONERS 0 11 CITY OF NEWPORT BEACH MINUTE October 23, 1986 INDEX Parcel Map 25-1 (Resubdivision No. 260) and Parcel No. 2 of Parcel Map 60-36 (Resubdivision No. 454) (off -site parking lots), located at 300 Newport Center Drive, on the southeasterly corner of Newport Center Drive East and San Miguel Drive, and a portion of Design Plaza at the northwesterly corner of Avocado Avenue and Farallon Drive in Newport Center. ZONE: C-O-H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach OWNER: The Irvine Company, Newport Beach Commissioner Merrill stepped down from the dais because of a possible conflict of interest. James Hewicker, Planning Director, referred to Condition No. 4 regarding the required mid -week daytime matinee parking spaces of one parking space for each 3.29 seats, and he stated that the staff has no objections if the parking requirement would be changed to one parking space for each 5 seats. Mr. Hewicker explained that the requirement of one parking space for each 5 seats was suggested in the proposed project's Parking and Traffic Study. Donald Webb, City Engineer, referred to Condition No. 23, requesting "two additional stairways be constructed between the upper and lower parking areas with loca- tions to be approved by the Planning Department and the Public Works Department". Mr. Webb further stated that the applicant has indicated that The Irvine Company may object to the construction of one of the stairways; therefore, he proposed that Condition No. 23 be modified to state "provided The Irvine Company will allow the second stairway to be constructed". Mr. Webb explained that staff felt that as much access as possible should be provided to the theatre parking area from the lower parking area. He said that The Irvine Company has made arrangements with the applicant to allow additional parking in the rear of the Design Plaza; however, they may object to a stairway adjacent to the Good Earth Restaurant. Mr. Webb commented that staff did' not want to put the applicant in a position -5- 1 7? COMMISSIONERS • MINUTE; October 23, 1986 0 'yGF�Go CITY OF NEWPORT BEACH OLL CALL INDEX wherein they would not be able to comply with the condition. In response: to a question posed by Chairman Turner, Mr. Webb replied that the location of the second stairway is not under the leasehold of the applicant. Mr. Webb stated that the applicant must construct one additional stairway and there appears to be no problem with that request. The public hearing was opened in connection with this item, and Mr. James Edwards, representing the applicant, appeared before the Planning Commission. Mr.. Edwards stated that the parking arrangement with The Irvine Company for the additional 269 parking spaces are at the' easterly end of Design Plaza. He said that there is one existing stairway and that they have no objections to the request for two additional stairways; however, he said that the stairway closest to the theatre is back of the Good Earth Restaurant and that is an area of which the theatre has no jurisdiction. Mr. Edwards stated that the applicant concurs with the findings and conditions in Exhibit "A" including modified Conditions No. 4 and No. 23. The public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1527 (Amended) and related Environmental Document subject to the findings and conditions in Exhibit "A", including modified Condition No. 4, requesting "the maximum number of mid -week daytime parking spaces of one parking space for each 5 seats"; and the addition to Condition No. 23, "..provided The Irvine Company Ayes X x x x permits the construction of the second stairway". Absent x x x Motion voted on, MOTION CARRIED. Motion x Motion was made to approve Traffic Study subject to the Ayes X x x x findings in Exhibit "A". Motion voted on, MOTION Absent x x x CARRIED. A. ENVIRONMENTAL DOCUMENT: 1. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and Council Policy K-3. 2. That the contents of the environmental document have been considered in the various decisions on this project. I, _F_ , COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH October 23!N,�JjEc INDEX 3. The project will not have any significant environ- mental impact. B. TRAFFIC STUDY: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the 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 proj- ect -generated traffic will be greater than one percent of the existing traffic during the 2.5 hour p.m. peak period on one leg of one critical intersection. 3. That the Traffic Study indicates that the proj- ect -generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any 'major', 'primary -modified', or 'primary' street. USE PEP -MIT NO. 1527 (Amended) : Findings: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 3. Adequate off. -street parking and related vehicular circulation are being provided in conjunction with the proposed development. 4. The off -site parking areas are located so as to be useful to the proposed theatre use. S. Parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. -7- 19 COMMISSIONER$ • October 23IN186 CITY OF NEWPORT BEACH ROLL CALL INDEX 6. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the subject theatre. 7. The approval of Use Permit No. 1527 (Amended) 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 to the zoning Code so as to permit the use of compact size parking spaces for a portion of the required off-street parking is consistent with the legisla- tive intent of Title 20 of the Municipal Code. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan, and elevations except as noted in the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That an approved off -site parking agreement shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the following off, -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25-1 (Resubdivision No. 260) located at the southwesterly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide the maximum number of parking spaces ap- proved by the City Traffic Engineer, and in no case shall said parking area provide less than 143 parking spaces. b. Parcel No. 2 of Parcel Map 60-36 (Resubdivision No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 50 daytime parking spaces and 310 nighttime parking spaces for the subject theatre. �Q cs COMMISSIONERS • • mGyZ 91P oy MINUTE; October 23, 1986 CITY OF HEWPORT BEACH ROLL CALL INDEX C. A portion of Parcel No. 3 of Parcel Map 60-36, located in the easterly portion of Dnsign Plaza. Said parking area shall provide a minimum of 269 nighttime only parking spaces. 4. That the mid -week daytime matinees shall be limited to the number of seats as established by the maximum number of daytime parking spaces, times a parking demand ratio of one parking space for each 5 seats. The number of daytime parking spaces shall be established in conjunction with the City Traffic Engineer's approval of a new parking design for the parking area at the southeasterly corner of San Miguel Drive and Newport Center. Drive. Said parking area shall be redesigned so that the number of compact spaces shall not exceed 25 percent of the total number of parking spaces in said parking area. 5. That a minimum of 722 parking spaces shall be provided for the subject theatre on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recognized holidays and that during such times the maximum number of theatre seats shall be 2,377 seats. 6. Handicap parking spaces shall be provided in accordance with Title 24 of the Building Code. 7. Prior to occupancy, the applicant shall submit a plan describing signing and other traffic controls to direct traffic to the off -site Parking Area No. 3. Said plan shall be approved by the Traffic Engineer. S. That the on -site vehicular and pedestrian circu- lation systems shall be approved by the City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition. i�� -9- COMMISSIONERS y G QF ��G �OC c0 9 9 9 Gy N 9� 9F� 1,01\111\riko06 y�y� CITY OF NEWPORT. BEACH MINUTE October,23, 1986 ROLL CALL INDEX 11. Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12. That a grading plan, if required, shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping program designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engi- neering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. 16. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regu- larly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced portions of sidewalk along the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps constructed at the corner of Newport Center Drive and San Miguel Drive and drive entrances off Newport Center Drive and San Miguel Drive. All (f 0 a _10- n n C'O'MMISSIONERS 0 Z�Gyy�yNP`�9 yC A �y� yy 4`y oy Q 9y � yy Co�yo�9 • • MINUTE: October 23, 1986 CITY OF NEWPORT REACH OLL CALL INDEX work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 22. That the applicant contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That two additional stairways be constructed between the upper and lower parking areas with locations to be approved by the Planning and Public ;•Wrks Departments, provided The Irvine Company permits the construction of the second stairway. 24. That a sidewalk be constructed between the Newport Center Drive walk and the front of the theatre with location and design to be approved by the Public t•;orks Department. 25. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the •revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 26. 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. ,COMMISSIONERS ygo•oc^�c^�AQ,n m MINUTES January 7, 1988 y CITY OF NEWPORT BEACH INDEX ROLL CALL safety, peace, morals, comfort, or general welfare of the community. 25. This use permit shall expire unless exercised thin 24 months from the date of approval as sp ified in Section 20.80.090 A of the Newport Base Municipal Code. 26. That al evening activities shall be contained within bu dings with the windows and the doors closed, wit the exception of the period between June 15 throug September 15 until 9:30 p.m. 27. That the building shall be constructed with a non - glare roofing mater 1. 28. That the applicant sh 1 submit to the Planning Department information egarding use of the facilities in the event th a Traffic Management Program needs to be impleme ad six months after completion of the facility. 29. That ingress/egress to Bison A nue shall be constructed in such a manner that w Id not allow automobile headlights to strike adjac t residen- tial windows in the residential tract s therly of Bison Avenue. 30. That the buildings shall be sound attenuate in such a manner as to achieve a maximum sound le 1 Use Permit No 1527 (Amended) (Public Hearinz) Item No.6 Request to amend a previously approved use permit which UP1527(A) permitted the expansion of the existing Edwards Theatre complex located in Newport Center, so as to add two Approved additional theaters with a total of 600 additional seats. Said approval also included: the approval of a new off -site parking agreement so as to provide a portion of the required off-street parking spaces in the Design Plaza parking area; the approval of an amended off -site parking agreement for the existing parking area located at the rear of the theater; and the approval of a modification to the zoning Code so as to allow the use of compact parking spaces. The proposed amendment involves a request to consider a new off -site parking area across the street in Fashion Island, in place of the previously approved parking in Design Plaza. The -48- n Y Y �F COMMISSIONERS ymGgym �m mmgA 9 9 9 oy < < yo • MINUTES January 7, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX new proposal also reduces the scope of the project so as to include only one additional theater containing 250 seats and continues to use compact parking spaces in the proposed parking design. LOCATION: A portion of Parcel A of Parcel Map 25-1 (Resubdivision No. 260), and Parcel No. 1 of Parcel Map 60-36 (Resubdivision No. 454) (building site); and a portion of Parcel A of Parcel Map 25-1 (Resub- division No. 260), and Parcel No. 2 of Parcel Map 60/36 (Resubdivision No. 454) (off -site parking areas). ZONE: C-O-H APPLICANT: Edwards Theatres Circuit, Inc., Newport Beach. OWNER: The Irvine Company, Newport Beach William Laycock, Current Planning Manager, referred to Condition No. 7 in Exhibit "A" which provides that "a permanent barrier at least 30 inches high shall be constructed between the off -site parking area in Fashion Island and the public sidewalk so as to encourage theatre patrons to cross at existing intersections." He stated that the applicants reviewed the, application with the property owner, The Irvine Company, and that The Irvine Company responded that the suggested barrier would not be compatible with the surrounding landscap- ing. The Irvine Company suggested that mature shrubbery be planted so that an area would be created that would not allow pedestrians to walk through the hedge. Mr. Laycock stated that staff would have no objections to the recommendation and that Condition No. 7 be revised to state "that a continuous, permanent hedge at least 30 inches high shall be maintained between the off -site parking area in Fashion Island and the public sidewalk, so as to encourage the theatre patrons to cross at existing intersections." The public hearing was opened in connection with this item, and Mr. James Edwards, applicant, appeared before the Planning Commission. Mr. Edwards concurred with the findings and conditions in Exhibit "A". including amended Condition No. 7. In response to questions posed by Commissioner Merrill regarding the trash area adjacent to the theatre building, Mr. Glen Gellatly, architect, appeared before -29- Q� COMMISSIONERS • MINUTES yo Ac"'L0 0,0 "6 January 7, 1988 mp't� 9099�.o�yyyA 9y yf f o CITY OF NEWPORT BEACH ROLL CALL INDEX the Planning Commission. Mr. Gellatly stated that the applicants would agree to enclose the trash area. Commissioner Debay questioned the adequacy of one additional ladies restroom for an added 250 seats. Mr. Gellatly explained that the largest ladies restroom is in the main theatre building, a second restroom is located in Theater No. 2, and a third ladies' restroom is proposed for Theater No. 3, in conformance with the Uniform Building Code. Therd being no others desiring to appear and be heard, the public hearing was closed at this time. Motion x Motion was made to approve Use Permit No. 1527 (Amended) subject to the findings and conditions in Exhibit "A" including the aforementioned amended Condition No. 7, and added Condition No. 28 which would state that the current trash area shall be enclosed and covered. All Ayes Motion was voted on, MOTION CARRIED. FINDINGS: 1. The project will comply with all applicable City and State Building Codes and Zoning requirements for new building applicable to the district in which the proposed project is located. 2. That the Planning Commission has approved an environmental document in conjunction with its consideration of a previous project which permitted a 600 seat addition to the theatre facility. Inasmuch as all significant environmental concerns have been addressed in the previously certified environmental document and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the proposed project, no further environmental review is required. 3. That the existing and proposed use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 4. Adequate off-street parking and related 'vehicular circulation are being provided in conjunction with the proposed development. 5. The off -site parking areas are located so as to be useful to the proposed theatre use. -30- `COMMISSIONERS m��ZZNpZ� �OF'9Z 9.t CITY OF NEWPORT BEACH MINUTES January 7, 1988 OLL CALL INDEX 6. Parking on the subject off -site lots will not create undue traffic hazards in the surrounding area. 7. That the additional vehicular and pedestrian traffic generated by the expanded use increases the need to install a traffic signal at Newport Center Drive and San Miguel Drive and the need to have sidewalks connecting the theatre to the public street. 8. The approval of Use Permit No. 1527 (Amended) 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 to the Zoning Code, so as to permit the use of compact size parking spaces for a portion of the required off-street parking, is consistent with the legisla- tive intent of Title 20 of the Municipal Code. CONDITIONS• 1. That development shall be in substantial confor- mance with the approved plot plan, floor plans, and - elevations except as noted in' the following conditions: 2. That all conditions for Use Permit No. 1347 and Use Permit No. 1527 shall be null and void. 3. That amended off -site parking agreements shall be approved by the City Council, and be recorded in the County Recorder's Office, guaranteeing that the following off -site parking locations shall be provided to the subject theatre: a. Parcel A of Parcel Map 25-1 (Resub- division No. 260) located at the south- westerly corner of Newport Center Drive and San Miguel Drive. Said parking shall be for the exclusive use of the theatre and shall provide 205 parking spaces. b. Parcel No. 2 of Parcel Map 60-36 (Resub- division No. 454) located at the rear of the subject theatre. Said parking area shall provide a minimum of 45 daytime -31- n X COMMISSIONERS i • MINUTES January 7, 1988 y CITY OF NEWPORT BEACH INDEX ROLL CALL parking spaces for midweek matinees and 349 nighttime parking spaces for the subject theatre. 4. That the mid -week daytime matinees shall be limited to a maximum of 1,250 seats, and that a minimum of 250 off-street parking spaces shall be required (i.e. one space/5 seats). 5. That a minimum of one parking space for each 3.3. seats (614 parking spaces) shall be provided for, 'the subject theatres on weekday evenings beginning at 5:30 p.m., on Saturdays and Sundays and recog- nized holidays and that during such times the maximum number of theatre seats shall be 2,025 seats. 6. That the applicant shall provide on an informal basis, 60 parking spaces within the Fashion Island parking area located adjacent to and southwesterly of the intersection of Newport Center Drive and San Miguel Drive. 7. That a continuous, permanent hedge, at least 30 inches high shall be maintained between the off - site parking area in Fashion Island and the public sidewalk, so as to encourage theatre patrons to cross at existing intersections. B. That the on -site vehicular and pedestrian circula- tion systems shall be approved by the City Traffic Engineer. 9. That all signs shall be in conformance with the provisions of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to any vehicular ingress and . egress. 10. That the applicant shall obtain the approval of a resubdivision or lot line adjustment so as to establish a legal building site for the proposed theatre addition, prior to the issuance of building permits. 11, Development of site shall be subject to a grading permit to be approved by the Building and Planning Departments. 12: That a grading plan, if required, shall include a complete plan for temporary and permanent drainage -32- p �d -Q/ • ' `'COMMISSIONERS 0 0 CITY OF NEWPORT BEACH vy MINUTES January 7, 1988 ROLL CALL INDEX facilities,, to minimize .any potential impacts from silt, debris, and other water pollutants. 13. The grading permit shall include, if required, a description of haul routes, access points to the site, watering, and sweeping programs designed to minimize impact of haul operations. 14. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 15. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineer- ing geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Depart- ment. lb. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regular- ly trimmed and kept in a healthy condition. 17. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 18. That all access to the buildings be approved by the Fire Department. 19. That all improvements be constructed as required by ordinance and the Public Works Department. 20. That the displaced .portions of sidewalk along the Newport Center Drive frontages and San Miguel Drive frontage be reconstructed and curb access ramps be constructed at the corner of Newport Center Drive and San Miguel Drive and the drive entrances off Newport Center Drive and San Miguel Drive. All work shall be completed under an encroachment permit issued by the Public Works Department. 21. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the Public Works improvements, if it is desired to obtain a building permit prior to completion of the .public improvements. -33- b2 ' • 'COMMISSIONERS MINUTES 10.46 L�„�°�i�� January 7, 1988 9y CITY OF NEWPORT BEACH ROLL CALL INDEX 22. That the applicant shall contribute 25 percent of the cost of installing a traffic signal at Newport Center Drive and San Miguel Drive prior to obtain- ing building permits. 23. That occupancy of the proposed theatre expansion shall not be permitted until the installation of the proposed traffic signal at Newport Center Drive and San Miguel Drive is completed. 24. That a sidewalk be constructed between the Newport 'Center Drive walk and the front of the theatre with location and design to be approved by the Public Works Department. 25. That the landscaping along San Miguel Drive shall be removed or trimmed so as to provide adequate sight distance from the driveway on San Miguel Drive, in accordance with City Standard Plan 110-L. 26. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 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•current trash area shall be enclosed and covered. Item No.7 Reques amend a previously approved use permit which permitted xpansion of the existing Woody's Wharf Restaurant on pr ty located in the "Recreational and Marine Commercial" ar f the Cannery Village/McFadden Square Specific Plan Area. aid approval also allowed the purchase of in -lieu parking ces for a portion of the required off-street parking and approval of a modification to the Zoning Code so as to w the use of a tandem parking spaces with a full t valet parking service. The proposed amendment involves: -34- �'P I . Y COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH Augnst 20, 1992 safety, peace, morals, comfort or general of the community. 15. That this use permit shall ire if not exercised within 24 months fro a date of approval as specified in Se ' n 20.8,0.090A of the Newport Beach M ' ipal Code. Request to permit an expansion and alterations of the existing Muldoon's Irish Pub and Restaurant which includes on -sale alcoholic beverages and an outdoor dining court, on property located in the C-O-H District. The proposal includes a request to expand the "net public area" of the restaurant so as to add two new interior dining areas, an outdoor dining court, a second bar, and a game area containing one pool table. Said expansion will utilize existing floor area currently used for office and retail purposes and an existing outdoor courtyard. Also included is a request for a reduction in the parking requirement. LOCATION: Parcel 2B, of Parcel Map 43-28 (Resubdivision No. 335), located at 202 Newport Center Drive, on the southeasterly corner of Newport Center Drive and Anacapa Drive, in Newport Center. ZONE: C-O-H APPLICANTS: OWNER: -20- Ronald and Sindi Schwartz, Newport Beach Same as applicant MINUTES Item No. UP3455 Approved 9/ CohMSSIONERS r 0 CITY OF NEWPORT BEACH MINUTES August 20, 1992 ROLL CALL INDEX The public hearing was opened in connection with this item, and Mr. Todd Schooler, architect, appeared before the Planning Commission on behalf of the applicant. Mr. Schooler addressed Condition No. 9, Exhibit "A", stating that live entertainment or dancing shall not be permitted, wherein he explained that there may be occasions when it single entertainer would be invited to perform in the restaurant. James Hewicker, Planning Director, explained that the public notice did not include a provision for live entertainment and the request is not a part of the application. An amendment to the use permit is required if the applicant wants to provide live entertainment. Mr. Schooler responded that the applicant would come buck at a later date if it is determined to have live entertainment in the restaurant. In response to a question posed by Chairman Edwards, Mr. Schooler concurred with the findings and conditions in Exhibit "A". Mr. Schooler submitted a letter from The Irvine Company in support of the application. W. Schooler stated that the purpose for the request is to update the establishment and to keep pace with the renovation of Fashion Island. He addressed the requirement of one parking space for each 50 square feet of "net public area" wherein he stated that the subject restaurant is the only existing restaurant in Design Plaza, and the majority of the businesses operate from 9:00 a.m. to 5:00 p.m. He pointed out that the business community walks to the subject restaurant during the lunch hour. Mr. Schooler pointed out the number of parking spaces that are available in Design Plaza and across Newport Center Drive to accommodate the restaurant's clientele. In response to a question posed by Commissioner Merrill, Mr. Schooler explained that the number of parking spaces that were allocated to The Good Earth -21- { COMMISSIONERS . ROLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH August 20, 1992 Restaurant was based on one parking space for every three seats. Discussion ensued with respect to the number of available parking spaces for future tenants that would locate in Design Plaza. In response to a question posed by Commissioner Debay, Mr. Hewicker concurred that Condition No. 17, Exhibit "A", indicating that the Planning Commission may add or modify conditions of approval to the use permit if it is determined that the operation is detrimental to the community, would include any concerns there may be regarding parking. Commissioner Glover stated that the restaurant should not emphasize people parking their automobiles in Newport Center and walking across Newport Center Drive to the restaurant. Commissioner Gifford expressed her concerns regarding the poor lighting in the Design Plaza parking area at night. She explained that the poor lighting does not encourage people to walk to remote locations in the area. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made to approve Use Permit No. 3455 subject to the findings and conditions in Exhibit "A". Commissioner DiSano complimented the operation of the restaurant. Motion was voted on, MOTION CARRIED. in in v 1. The proposed restaurant expansion is consistent With the General Plan and is compatible with -22- MINUTE! INDEX .6 COAUMSSIONERS MINUTES CITY OF NEWPORT BEACH August 20, 1992 ROLL CALL INDEX surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant expansion can be adequately served by existing on -site parking and off -site reciprocal parking. 4. 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. 5. That public improvements may be required of the developer in accordance with Section 2U0.060 of the Municipal Code. 6. That the waiver of development standards as they pertain to parking illumination, walls, landscaping, building and parking lot circulation Will not be detrimental to the adjoining properties given the developed characteristics of the existing facility 7. That the approval of Use Permit No. 3455 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 and improvements in the neighborhood or the general welfare of the City. -23- 9� COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH Conditions: August 20, 1992 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations, except as noted in the following conditions. 2• That the "net public area" shall be limited to a maximum of 3,200 square feet (953 sq.ft. 'of exterior dining and 2,247 sq.ft. of interior dining and bar/lounge area). 3. That all signs shall be constructed in accordance with the provisions of the Sign Newport Beach Sign Ordinance. 4. That the outdoor dining area shall be physically defined by use of permanent fixed barriers or other device acceptable to the Planning Department so as to establish a passageway to the existing office use on the ground floor. 5. 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 and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. -24- MINUTE COt MSSIONERS c� cGaoo�� MINUTES CITY OF NEWPORT BEACH August 20,1992 ROLL CALL INDEX 8. That restaurant development standards pertaining to walls, parking lot illumination and storage shall be waived. 9. That live entertainment or dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees shall'be required to park on -site (within Design Plaza) at all times during the time which the restaurant is operating. 11. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 12. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. 13. That one parking space for each 50 sq.ft. of 'net public area" in the restaurant facility shalt be provided on -site and within the adjacent parking areas located within Design Plaza. 14. 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. 15. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. -25- 96 COMMISSIONERS • • ROLL CALL MINUTE CITY OF NEWPORT BEACH August 20, 1992 16. That the hours of operation shall be limited between the hours of 5:00 a.m, and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. The Planning Commission recessed at 8:50 p.m. and reconvened at 9:05 p.m. INDEX COMMSSSIONERS oc 9s p�0''s.A o�<<�R CITY OF 1VEWPORT BEACH U MINTES March 18. 1993 1OLL CALL' INDEX Resubdivision No. 997 (Public Hearinel Item No.2 Request to resubdivide two existing parcels of land into three parcels for conveyance purposes, on property located in the AP& R. 997 H District in Newport Center. A22. owed LOCATION: Parcel 1 of Parcel Map 36-35 (Resubdivision No. 289) and Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located, at 210 Newport Center Drive, on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive, in Newport Center. ZONE: APF-H APPLICANT: Penco Engineering, Inc., Irvine OWNER: The Irvine Company, Newport Beach ENGINEER: Same as applicant The public hearing was opened in connection with this item. Mr. Tom Peterson appeared before the Planning Commission on behalf of the applicant. Mr. Peterson explained that the staff report stating Vie applicant anticipates selling Parcel No. 3 possibly to the adjoining property owner of the Edwards Theater Newport complex for a future expansion, is incorrect inasmuch as it is not anticipated that Parcel No. 3 would be sold by The Irvine Company. In response to a question posed by Chairman Edwards, Mr. Peterson stated that a reciprocal easement for pedestrians is necessary between the parcels. He further explained that the corner of Anacapa Drive and Farallon Drive is not a part of the tentative parcel map, and the applicant does not wish to improve that street intersection that is not adjacent to the map boundary. Mr. Peterson concurred with the findings and conditions in Exhibit "A" with the exception of the foregoing concerns. James Hewicker, Planning Director, explained that Parcel No. 3 should be corrected to state Parcel No. 1. -5- a� COMMISSIONERS . • CITY OF NEWPORT BEACH MINUTES March 18, 1993 OLL CALL INDEX In response to a question posed by Commissioner DiSano with respect to Mr. Peterson's request regarding the comer of Anacapa Drive and Farallon Drive, Don Webb, City Engineer, explained that the parking area is a part of the map and staff believes that, said area should be upgraded; however, staff would not have objections to the applicant's request to delete the improvements at the subject comer. In response to a question posed by Commissioner Glover, Mr. Webb explained that a curb access ramp would be constructed on Anacapa Drive and Newport Center Drive, and the driveways that provide access into the site. Mr. John Schmidt, C13 Commercial, appeared before the Planning Commission. He explained that he manages the building at 200 Newport Center Drive, adjacent to the subject property. He expressed concerns regarding the common parking, grounds, and landscaping of the two properties inasmuch as the property he manages is entitled to a portion of the common areas in the vicinity of the former Good Earth Restaurant. Mr. Webb and Chairman Edwards explained that Mr. Schmidt's concerns would appear to be a private issue between the management company and The Irvine Company. There being no others desiring to appear and be beard, the public hearing was closed at this time. Commissioner Ridgeway said that his office is located in the area and expressed concerns regarding parking. In response to a question posed by Commissioner Ridgeway regarding Condition No. 7, Exhibit "A," Robin Flory, Assistant City Attorney, explained that easement and access considerations are appropriate as they pertain to circulation patterns or the number of parking spaces. Commissioner Ridgeway recommended that an additional pedestrian access be provided in close proximity to Parcel No. 1. Discussion followed regarding Commissioner Ridgeway's concerns. In response to questions posed by Commissioner Gifford with respect to Mr. Peterson's previous comments regarding vehicular -6- 77 COMMISSIONERS i • CITY OF NEWPORT BEACH MINUTES March 18, 1993 ROLL CALL INDEX and pedestrian access, the public hearing was reopened and Mr. Peterson reappeared before the Commission. Mr. Peterson explained that all of the accesses and the existing agreements concerning the subject Parcels wouldbe maintained. In response to a question posed by Commissioner Merrill, Commissioner Ridgeway and Mr. Peterson pointed out the pedestrian access areas between the upper and lower parking lots, around the former Good Earth Restaurant, up to the public street to the public sidewalk, and to the theater area. Corrdi issioner Ridgeway requested that an additional pedestrian access be constructed so as to allow better circulation between the upper and lower levels of parking. Mr. Hewicker explained that when the theater's use permits- were previously granted, the pedestrian access areas were addressed; however, based on the current testimony he indicated that he would not oppose an additional condition to request an access ftom the upper parcel to the lower parcel as suggested by Commissioner Ridgeway. The public hearing was closed at this time. Commissioner Pomeroy concurred that the pedestrian access should be improved. * Motion was made and voted on to approve Resubdivision No. 997 notion subject to the findings and conditions in Exhibit "A", including an added condition stating That' pedestrian ingress and egress be provided in close proximity to Parcel No. 1, front the lower parking lot, to the upper parking lot at the rear of Edwards Theatre, and that Condition No. 6 be modified to delete at the comer of Farallon 11 Ayes Drive and Anacapa Drive, MOTION CARRIED. FINDINGS: 1. That the design of the subdivision and the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. -7- . nV COMMISSIONERS • • MINUTES CITY OF NEWPORT BEACH March 18, 1993 OLL CALL INDEX 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. 5. That the proposed subdivision is mainly for conveyance purposes and all existing easements recorded .by previous parcel maps or other instrument will be maintained. CONDITIONS: 1. That a parcel map be recorded. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the. surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. -8- /O� COMMISSIONERS (� • roc �p ��or��o�or S CITY OF NEWPORT BEACH MINUTES' March 18, 1993 20LL CALL INDEX 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvementsi if it is desired' to record a parcel map prior to completion of the public improvements. 5. That all vehicular access rights to Avocado Avonue be released and relinquished to the City of Newpori Beach. 6. That curb access ramps be constructed at the entry driveways on Anacapa Drive and Farallon Drive, and at the corner of Anacapa Drive and Newport Center Drive. That the tree damaged and displaced sections of sidewalk be reconstructed along the Anacapa Drive frontage. That all work be completed under an encroachment permit issued by the Public Works Department. 7. That an easement for vehicular and pedestrian ingress, egress and parking, for the mutual benefit of Parcels No.1, No. 2 and No. 3, shall be maintained and shall be included as a part of the parcel map as approved by the Public Works Department. In addition, all easements for vehicular and pedestrian ingress, egress, and parking established by previous parcel maps or other recorded instrument (including but not limited to Resubdivisions No. 260, No. 289, No. 335, No. 342 and No. 454) shall .remain in effect and shown on this parcel map, unless otherwise approved by the Public Works Department. 8. That the 3 foot wide sidewalk easement which currently exists along the frontage of Anacapa Drive shall be maintained and made a part of this parcel map and shown accordingly. 9. That street, drainage and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. -9- �p3 i-=) COMMISSIONERS • • MINUTES �R �O�'Poo CITY OF NEWPORT BEACH March 1R_ 1003 ROLL CALL INDEX 10. 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. 11. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval,. unless an extension is granted by the Planning Commission. 12. That pedestrian ingress and egress be provided in close proximity to Parcel No. 1, from the lower parking lot, to the upper parking lot at the rear of Edward's Theatre. Y t Y esubdivision No. 995 (Continued Public Hearing) item No. Reque to create four parcels of land for conveyance purposes R. 995 involving operty located in the RMC-H, P-C and P-C-MHP Approved Districts. LOCATION: ortions of Blocks 54 and 94, Irvine's Su ivision, located at 300 East Coast Highw on the northerly side of East Coast Highway, tween the Newport Dunes and the Newport Bridge. ZONES: RMC-H, P-C and P- -MHP APPLICANT: The Irvine Company,, Ne t Beach OWNER: Same as applicant ENGINEER: Adams Streeter, Civil Engineers, Inc., Iry -10- /O f 4K 0 CITY OF NEWP0WEACH COUNCIL tiiM MINUTES REGULAR COUNCIL MEETING PLACE: Council'Chambers TIME: 7.00 P.M. DATE: June 14. 1993 ROLL CRLL INDEX or Turner presented Proclamation to r irLag Korb and Mabel Reinhart, Managers of the City's Marina Park Mobila Dome Park, for thei dedicated service, and a presentation of gifts as made on behalf of the Marina Park Mobile ome Park Homeowners Association. Fire Chi Tim Riley addressed the Council, reporting at the Fire Department is actively involved itt he community regarding disaster pr3aradnesa, and introduced Captain Todd Knipp, repr eating the Newport Beach Fireft ggbee rs ociation, who presented the City vith their sociation's donation , of sustenance -le 1, short term emergency supplies ist the ON, t of a disaster. Pat Dolan, Commanda of the Newport Beach chapter of the Ame can Legion made an ennountement vith an in tation for the public to attend a Fourth o July Celebration, sponsored by the America Legion, American Legion Auxiliary, Sons of t American Legion, and the American Legion Y ht Club, which starts at 6:30 a.m.'vith a pa eke breakfast, then lunch and dinner area fries, The highlight of the day will be a Old Glory Character Boat Parade, to pro to Newport Beach, and the proceeds will go to a Newport Nautical Huseum. Present x x x x x- x ROLL CALL Excused x Motion x Reading of Minutes of Meeting of May 24, 19 , All Ayes was waived, approved as written, and order filed, Motion x Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and direct City Clerk to read by titles only. PUBLIC HEARINGS 1. Mayor Turner opened, the continued public Resub 997 hearing on APPEAL OF AVEr REALTr (84) CORPORATION FOR RESUBDIVISION NO. 997 from request of Ponco Engineering, Inc,, applicant to resubdivide two existing, parcels of land into three parcels for conveyance purposes, located in the APF- H District, 210 Newport Center Drive on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive In Newport Center. Report from the Planning Department. Report from the City Attorney. Letter from appellant's Attorney, Michael V. Burnett, recommending disapproval of Resubdivision No. 997 as reqquired by Government Code Section 66474. Recycled Appeal application of Avex Realty Corporation. Volume 47 - Page 131 r • ITY OF NEWPOIOEACH COUNCIL MEMBERS ROLL CRLL S June 14, 1993 MIWTES The City Manager gave a summary of the Resub 997 events advising that the subject appeal has been continued from the last two council meetings, and referenced the City Attorneys report regarding the legal issues. The City Attorney summarized his report, advising that the City Council and Planning Commission, in compliance with the Subdivision Hap Act, are required to deny a tentative or parcel map if there is substantial evidence to support one of seven findings for disapproval„ and only two categories are relevant in this case. The Council must deny the proposed map if the map, or its design or improvement, is not consistent with the General Plan; and the second requires denial of the map when the design of the subdivision or the type of improvements will conflict with the easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed map does not pose any development or authorize Edwards or The Irvine Company any entitlement on the site that is the subject of the resubdivision. Subdivision maps generally do not confer entitlement, and that before Edwards could construct any movie theater complex, it would require a General Plan Amendment, and at this point, this has not been requested. The second mandatory finding for denial is relative to public easements; as there are no public easements within the boundaries of this map that would be affected in any way by either the approval or recordation of the map, it is recommended that the City Council deny the appeal, and approve ResubdivLsion No. T. Hike Padian, Director of Development, The Irvine Company, addressed the Council, stating that they concur with the City Attorneys recommendation. Cary Mobley, representing the appellant, Avex Realty Corporation, addressed the Council, stating that they disagree with the City Attorneys report. He advised that relative to the General Plan, there is a separate requirement under Section 66474 of the Government Code that requires that the design or improvement of the proposed subdivision be consistent with applicable general and specific plans, and this is the basis of the subject appeal. It is a matter of public record that the purpose of the subdivision is to facilitate expansion of the Edwards Theater, who have purchased the property which was the Good Earth Restaurant that is closed at this time. The declaration of use restrictions in the purchase documents, specifically listed the construction of a theater complex. Attached to the declaration of specific use restrictions, is an actually specific design and plans for expansion of a theater. In a meeting with Avex Volume 47 - Page 132 0 41TY OF NEWPORWEACH caMIL KHM75 _.. 1VVMV*M%\ June 14, 1993 HUM ROLL t n l representatives on. April 29. James R Edwards, Sr., apscifically stated that they want to build the expansion as soon as possible with plans for a grand opening in December, 1994. Mr. Mobley further advised that the City Attorneys opinion concludes that there is no real evidence of any posed plan, and that this is merely an option that is being considered by Edwards Theater, the Council must look at the plant and the reasonable prospect of development in considering any kind of approval, including a subdivision. In &never to Council inquiry, the City Attorney stated that Edwards Theater would have to submit a request to the Planning Commission and City Council to initiate a General Plan Amendment and a Zone change for the property. He advised that there is some clear evidence that Edwards Theater is seriously considering the construction of a theater complex on one of the parcels that is the subject of the resubdivisicn, but they haven't submitted any such proposal to the City, either in the form of a General Plan Amendment request, or zone amendment request, or site plan. Jim Edwards, President of Edwards Theater, Newport Canter Drive, addressed the Council and confirmed that they have no real plans at this time for development, but have done studies and at such time when a proposal for development of the property materializes, they will request the pro or Coneral Plan Amendment and zoning. Hearing no one else wishing to address the Council, the public hearing was closed. Motion x Following Council discussion, motion was Ayes x x x x nnln mi on Apnrow nR Abstained x x Rns,ifidfv si en Mm. 997. [.yb-1�C to thR, findings attached to the staff report. Mayor Turner opened the pu c ear ng regardingg VEPD ABATEMENT PROGRAM YOH 993; AliD TO CERTIFY THE LIST OY 1 TIES THAT MAY REQUIRE HEED ABA dHD/OH CLPdNII7G. Memorandum th List of properties from the Fire Dapa ant. Council was advis that after the agenda was printed, a ter from Helen Erebtzkomp was received, q tioning the wood abatement program rag ing the vacant lot she owns behind her p arty. Volume 47 - Page 133 esub 997 Fire/Weed Abatement 993 41) r 0 Musil Perkowitz Ruth, inc. k.-Necture P awning June 23, 1994 Mr. Javier "Jay" Garcia Senior Planner Planning Department City of Newport Beach Dear Jay, ow 4-'t.Atr'i�'thlG it.:*'+s�kiP>riENT CITY OF Ni,.y.1pORT BEACFI afa 7IS19 ,1111it, t11213141516 k Here is our description of proposed project per your request. LAWN. EDWARDS BIG NEWPORT TRIPLEX ADDITION Principals: M. Lawrence MusD AtA Simon Perkow tz. A.A. Pc Steven J. RLlh. A;A Associates: Gary Clemems Theodore Crey Kennatn P. Guntr M,chael J. Lke'ca Brarko Prebanda Kenneth W. Sho,se Brian Wol!e Ted Yoshaaki A. The placement of the proposed addition is significantly set back from the property line dividing lots 200 and 300 in the middle of the existing front lawn. The front lawn is to be preserved and enhanced with two clusters of king palms framing a gently curved bay window. The lobby floor of the theater addition will be elevated to "seamlessly" match the existing lawn elevation. The entry elevation (north elev.) facade has been carefully angled in site plan to preserve a clear, unobstructed entry experience view, as you drive into the complex from Newport Center Drive. The lawn "front yard" facing the existing porte-cochere will have a lush tropical flavor with layers of Birds of Paradise as it undulates naturally upward the base of the proposed entry tower. 200 Nevsxt Center Drive. Sdite 306 Newpoc Such. CA 92660 714 721.6374 Fax 71z-21.6951 Long Beach. CA Sacramento. CA Wilsonville. OR Honolulu. HI 0 Page 2 Views from the entry foyer and public lobby of the proposed addition will also be spectacular due to this careful elevating of the lobby slab and setback of the building toward the south. The public will not feel that they are descending into a "basement hole into the ground". The high ceiling and fenestration will enhance the spatial experience. The lobby is narrow due to this setback and having the high ceilings and soaring rotunda with a cupola/skylight will help make this interior bigger than it really is. B. From the standpoint of gracefully relating the massing of the addition to the massing of the existing 'Big Newport" theaters and creating a harmonious coherent, holistic, composition, the entry tower will visually create a connecting device. It will be the landmark that provides a festive identity to a unified cohesive complex. The datum of the cornice at the office level is carefully chosen to transition as gracefully as possible down toward the neighboring office building and Newport Center Drive. The lower cornice capping the lobby space "steps down" the massing to follow the natural drop of the existing front lawn. If, the top cornice, offices and cupola as well as the terrace toward Newport Center Drive were not there, the addition would be simplistic, dull and the mass and significant height of the existing theaters would overwhelm it and make it feel "out of balance". The tile roof over the offices at the addition and the similar cornice detail as in the exist. Building will reinforce the notion of unity and harmony. The height of the entry tower and lobby cupolatskylight will provide a sense place appropriate to the experience of "arriving at the movies". The festive, animated 40' high monument sign at the entry to the complex will reinforce the drama and sense of a festive, grand theatre complex, a true Movie Palace. C. The proposed addition will enhance the relationship between the 45' high scale of the neighboring office building and the "Big Newport" theaters. The current "Good Earth" stylistically feels out of place and its odd, low massing reinforces the strange feeling of "being in a hole". The current situation is "abrupt" because the mass of the existing theater overwhelms the mass of the Good Earth Restaurant. The total bulk of the proposed structure appropriately builds up toward the grand mass of the existing theaters but m s of its mass steps down toward the stair link, neighboring office building and rear parking lot. This large portion of the building will conform to the basic height limit of 32'. Musil Perkowitz Ruth, inc. IO 9 'C7 Page 3 D. The structure shall have no more area that would have been achieved without the use permit. Because of the significant volunteer setback toward Newport Center Drive and the porte-cochere, the preserved lawn, public open space and view corridor will not be built upon. That floor area will be allocated to the proposed executive office level at elevation 204'.0. Sincerely, MUSIL PERKOWITZ RUTH, INC. Mn 11\ID,S s vu4� Marios Savopoulos, AIA Design Manager Musil Perko-'tz Ruth, inc. ��Q 06/28/1994 15:43 1714721896 MPR NEWPGRT 0 PAGE 02, ,, Musil Parkowitz Huth, inc. AmJNtecrore ptammmp June 29, 1994 Mr. Javier "Jay" Garcia Senior Planner Planning Department City of Newport Seach EDWARDS SIG NEWPORT,ADDITION Dear Jay, t' Prindpeh: M. Lawrence MusD, AA Sinop Pehowils, AIA PI Sloven J. Rd, AIA Modem Gary Clentenis Bobo Croy Kenneth P. GURM AlkhaVJ. L*fman Wario Prepanda Kennethh W. Spouse Brian Wolfe Ted Yosnlzam Regarding the exception permit application for the new monument sign for the Big Newport Addition here is our response to points A -and B: The proposed Marquee - Monument Sign will become a more eloquent celebration of entry that is the outcome of the functional need to double the movie titles from three to six in order to accommodate the new theaters. It will not be contrary to the purpose of the sign ordinance because its reason of existence was a functional one and it will be sensitive to concerns about views, traffic, visibility at the traffic stop, and appropriate scale. The sign is Intended to become an Important Image and design statement that will enhance the project, give It a fresh new look and Improve the character and ambiance of the Immediate area as a whole. It will be extremely well detailed and will convey an upscale Image. The current sign Is nondescript •ineffective and lackluster as to what the entry to a grand "Movie Palace` should be. Traffic visibility will not be impacted as the motorists exit the theater parking lot because the sign location will remain the same and the effective view corridor for on coming traffic from the left will not be impacted. The width of the sign at the base Is in essence the same. 200 Newport Center Drove, Sete 308 hmpat Beacn, CA 92660 711n21.89a Fax 711R21-0951 Loap Basch. CA Sacramento, CA "1 11 Ile, 08 Honolulu, HI / / i i 06/28/1994 15:43 1714721895ig MPR NEWPORT • PAGE 03 Z Page 2 in terms of what it does to views of surrounding features there will be no obstruction of any features or building, On the other hand, motorists will receive more sufficient warning about where they are expected to turn into the parking lot and porte- cochere entry plaza. In terms of an appropriate scale relationship to the Immediate context and size, the proposed sign Is designed to be pan of a group of special character enhancing features that are intended•to upscale and reinforce a special sense of place in harmony with each other. The landmark Tower, Cupola, Pone-Cochere Canopy and special feature sign would create a "collective vertibal excitement" and the visual effect of the whole is to be more than the sum of Its pans. All these features will'be connected to each other by a common language of materials, color, special lighting features and overall stylistic direction. The sign Is meant to make an additional reference to Southern California Movie Palaces of the 20's and 30's but still fit into the current Newport Center image in the mid 1990's and beyond. Therefore, Edwards Theatres Circuit, Inc. maintains that there are indeed exceptional or extraordinary circumstances involved that pertain to the unique historical function and symbolism that traditionally has been associated to the design of signage to a "Movie Palaoe". These circumstances will also fit into the enhanced, renovated, fresh ambiance of this complex that is meant to be among the most high and theaters In the Country. An image that is not inappropriate to this prime entertainment "hub' of Newport Beach. Edwards Theatres Circuit, Inc. maintains that because of the Importance of this major, extended movie theatre complex and in proportion to Its size there will be a substantial need to have a significantly more prominent sign than the current one. This Is a property right of this owner because of the extraordinary amount of new Investment and facelift that will go Into the extended complex. Recent developments and a positively more mopen minded' approach to Newport Center and the retail signage in the Fashion Island project across the street, warrant equal consideration to be given to an upscale, festive entry statement that will also serve the functional purpose of being a movie directory and Marquee. Two prime examples are the festive 40' high 'Hard Rock Cafe" guitar Sign and the significantly Improved, cutting edge designed, ambiance of all the signage at the Mail itself. Musil Perkowitz Ruth, inc. 06/28/1994 16.43 171472186 NPR NEWPORT 0 PAGE 04•, 3 Page 3 We believe that It Is our clients' property right to compete with the 'newest and greatest' In the area in terms of signage, at a level of sophistication consumerate to the substantial level of now Investment and fresh Image Infused Into the theatres and Its surroundings. After all the "Good Earth" restaurant has been an abandoned, derelict ghost for three years and the new sign will become the much needed Icon of renaissance In the area. D. In terms of this- sign proposal being a detriment to the area, in additional to most points In section C we would like to point out that this sign and the project it represents are part of the essential character of this upscale commercial area. Its subtly animated special lighting effects will not go beyond what the existing 'guitar sign' across the street already does, but the overall massing will be significantly less outlandish) There Is no residential development anywhere near this project and the scale of numerous mid -rise buildings and i30' high palms that run along Newport Center Drive will still In essence miniaturize the scale effect of this proposal. As a matter of fact we feel a strong pressure because of the consistent rhythm of high vertical elements along the drive, to make this effort in order to be noticed and we go to a considerable expense to do so In a festive but design sensitive manner. Sincerely, MUSiL PERKOWITZ HUTH, INC. V 4 Marcos Savopoulos. AIA ' Design Manager Musil Perkawitz Ruth, inc. //3 Linscott, Law & Greenspan, Engineers TRAFFIC & PARKING IMPACT STUDY EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION City of Newport Beach, California Prepared For: Mr. John Douglass Environmental Coordinator CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92659 Submitted By: LINSCOTT, LAW & GREENSPAN, ENGINEERS 1580 Corporate Drive, Suite 122 Costa Mesa, CA 92626 (714) 641-1587 May 17, 1994 2-941687-1 repared B Jay L. Nelson, P.E. Transportation Engineer III Linscott, Law & Greenspan, Engineers TABLE OF CONTENTS PAGE DESCRIPTION NO PROJECT DESCRIPTION ........................................... 1 PROJECT TRIP GENERATION ...................................... 1 PROJECT TRIP DISTRIBUTION ...................................... 4 TRAFFIC IMPACT ANALYSIS ....................................... 6 PARKING.......................................... ........... 10 PEDESTRIAN AND VEHICULAR ACCESS ............................ 23 SUMMARY ..................................................... 24 Linscott, Law & Greenspan, Engineers LIST OF TABLES TABLE PAGE NO DESCRIPTION NO 1 PROJECT TRIP GENERATION FORECAST .................. 4 2 1% TRAFFIC ANALYSIS .................................. 9 3 INTERSECTION LEVEL OF SERVICE SUMMARY ........... 10 4 NEWPORT CENTER EDWARDS THEATRE FRIDAY PARKING SURVEY ............................. 13 5 NEWPORT CENTER EDWARDS THEATRE WEDNESDAY PARKING SURVEY ........................ 14 6 EXISTING USES - BLOCK 200 & 300 ....................... 16 7 FRIDAY PARKING SUPPLY -DEMAND ANALYSIS ........... 17 8 WEEKDAY PARKING SUPPLY -DEMAND ANALYSIS ........ 18 9 FRIDAY PARKING ANALYSIS SUMMARY ................. 20 10 WEEKDAY PARKING ANALYSIS SUMMARY ............... 21 LIST OF EXIiIBITS EXHIBIT PAGE NO DESCRIPTION NO 1 VICINITY MAP ......................................... 2 2 SITE PLAN ............................................ 3 3 PROJECT TRAFFIC DISTRIBUTION PATTERN ................ 5 4 2'/2 PEAK HOUR PROJECT TRAFFIC VOLUMES ............. 7 5 PARKING ZONES ...................................... 12 6 PARKING AREA REQUIRED FOR THEATRE EXPANSION DURING PEAK PERIOD ................................ 22 0 0 Linscott, Law & Greenspan, Engineers TRAFFIC/PARHING IMPACT STUDY EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION NEWPORT BEACHo CALIFORNIA PROJECT DESCRIPTION Edwards Theatres Circuit, Inc. is proposing to add three additional movie screens/ auditoriums at the existing Edwards Big Newport Cinemas at 300 Newport Center Drive in the City of Newport Beach, California. The theatre addition will be located southwest of the existing theatre and will replace the existing Good Earth Restaurant, which has been vacant for a couple of years. The project site is generally located on .the southeast side of Newport Center Drive between San Miguel Drive and Anacapa Drive. Exhibit 1 depicts the approximate project location. There are currently three screens and 1,998 seats at the existing Edwards Big Newport Cinemas. As proposed, the project will add three theatre auditoriums with a total of 897 ,seats (299 seats per auditorium). Parking for the theatre addition will be shared with the existing development. The site plan for the proposed theatre expansion is presented in Exhibit 2. PROJECT TRIP GENERATION Traffic expected to be generated by the proposed theatre addition has been forecast based on the hutitute of transportation Engineers (1TE) Sdt Edition Tn Manua! trip generation rates. In concurrence with City Staff, the rates per movie screen were selected' as the best indicator of the traffic generation characteristics of a movie theatre. Table 1 depicts the estimated vehicular trips for the proposed Triplex Theatre Addition, as well as the traffic generation rates used to develop the traffic forecast. As shown in Table 1, the theatre addition is expected togenerate a total of 660 vehicular trips on a daily basis (330 inbound; 330 outbound), with 75 trips forecast during the PM peak hour (70 inbound, 5 outbound). The PM peak hour volumes have been adjusted upwardly by a City approved factor of two to anticipate the projects 2�/2 hour peak traffic generation. It should be noted that because the existing Good Earth Restaurant has been vacant for a couple of years no trip credit has been taken for this existing development. If the existing restaurant was operating it could be expected to generate approximately 1,190 daily two-way trips. The planned theatre expansion is expected to generate less traffic on both a daily and peak hour basis than a 5,800 square -foot restaurant, which is approximately the size of the existing Good Earth Restaurant. 1. SR P 1 5 M�� 73 k�i •. • / i.• ��I� idgLo M ♦ �,:� /��•�' ®err � `y .• � ^-r:�®©a ••'�,►tc.:>_�ti�'�Ra�'� ,� .!�`�� ►��'vlr�.A 4tiizl aDD MAP SOURCE THOMAS BROS. NORTH VICINITY MAP 4G Linscott, Law & Greenspan, Engineers EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION SCHEMATIC a D N07 TO SCALE NORTH` L SITE PLAN EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION • 10 4— . . .. . . `....._ -- Imo........-- • .• Linscott, Law & Greenspan, Engineers TABLE 1 PROJECT TRIP GENERATION FORECAST EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach PROJECT TRAFFIC GENERATION RATES PM PEAK HOUR Va HOUR PM PEAK Daily Land Use Two - rya Inbound Outbound Total Inbound Outbound Total Triplex Theatre Addition 22.56 1.44 24.0 45.12 2.88 48.0 220.0 (Mscreen) I PROJECT TRIP GENERATION FORECAST PM PEAK HOUR 2'h HOUR PM PEAK Daily Land Use Two - bra Inbound Outbound Total Inbound Outbound Total Triplex Theatre NNM Addition 70 5 75 140 10 150 660 (3 screens) I The traffic generation forecast for the project is based on ITE, Fifth Edition, trip generation rates (land use code 443). The forecast is based on the number of Trip Ends (TE) per screen and have been rounded to the nearest five trips. The theatre addition is expected to generate nominal traffic during the typical AM peak hour. PROJECT TRIP DISTRIBUTION An arrival/departure pattern which illustrates the roadways that the site generated vehicles would utilize to enter/exit the site is depicted in Exhibit 3. This pattern is based on existing peak hour traffic flow volumes within the study area and input from City Staff. This distribution pattern is also consistent with prior traffic studies completed in the area for other entertainment type uses. As shown in Exhibit 3, project traffic is generally expected to be evenly distributed to the surrounding street system. 4 law aD NORTH i KEY SCXXX INBOUND PERCENTAGE <XX% - OUTBOUND PERCENTAGE PROJECT TRAFFIC DISTRIBUTION PATTERN EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION /� 5 , G<9 Linscott, Law & Greenspan, Engineers Linscott, Law & Greenspan, Engineers Exhibit 4 presents the anticipated 2'/2 hour PM peak project traffic volumes at the key study intersections. The project traffic assignment was completed by distributing the project traffic volumes shown in Table 1 according to the distribution pattern presented in Exhibit 3. TRAFFIC IMPACT ANALYSIS City Methodology Traffic impact analysis for the project has been completed in accordance with the City of Newport Beach's required 1% Traffic Volume Analysis format. In accordance with this format, the existing peak 2'/z hour approach volumes at each of the study area intersections are added to the following scenarios provided by the City: A. A 2'/7. peak hour regional growth volume; and B. Peak 2'/z hour traffic'volumes generated by approved projects. The sum of the projected background 2'/z peak hour traffic volume is then multiplied by .01 (1%) and is then compared to the 2'h peak hour traffic generated by the project for each intersection's approach. If the project site traffic is greater than 1% of the background traffic for any approach, additional intersection analysis must be completed for the impacted intersection using the Intersection Capacity Utilization Method (ICU). If the project traffic is less than 1% of the background traffic, the project is not anticipated to have a significant impact on that intersection. Analyzed Intersections Based on the location of the proposed theatre addition, the following eight intersections have been selected by City Staff to be analyzed for this project: MacArthur Boulevard @ San Joaquin Hills Road @ San Miguel Drive Jamboree Road @ San Joaquin Hills Road @ Santa Barbara Drive Pacific Coast Highway @ Jamboree Road @ Newport Center Drive @ Avocado Avenue @ MacArthur Boulevard J 1CPA aDao 4 2 1/2 HOUR PM PEAK PROJECT TRAFFIC VOLUMES t` Linscott, Law & Greenspan, Engineers EDWARDS BIG NEWPORT CINEMAS TRIPLE( ADDITION %0;L6 -tea Linscott, Law & Greenspan, Engineers Traffic Data Provided by the City of Newport Beach Existing traffic volumes, regional growth rates, and traffic to be generated by approved cumulative developments have been provided by City Staff for each of the above intersections on an intersection approach base. This data has been used to estimate the peak 2%2 hour background traffic volumes. One -Percent (1%) Traffic Volume Test Table 2 depicts the 1% background approach volumes, the 2%2 hour project traffic volumes, and results of the 1% Traffic Volume test, for each of the studied intersections. Detailed analysis sheets, using the City's methodology, are attached at the end of this report. As shown in Table 2, comparing the 2'/2 peak hour project traffic to the 1% background volumes for each intersection approach indicates that all intersection approach volumes are impacted by less than 1% of the background volume, except the westbound approach at the MacArthur Boulevard/San Miguel Drive intersection and the eastbound approach at the Coast Highway/Newport Center Drive intersection. At the intersection of Coast Highway/Newport Center Drive, the 2'/2 peak hour project volume exceeds one percent of the background traffic volume by three trips on the eastbound approach during the PM peak hour. An ICU analysis has been completed for these two intersections during the PM ,peak hour. Cal2aci1y Analysis ICU method Based on the City's impact criteria, Intersection Capacity Utilization (ICU) analysis were completed for the intersections of MacArthur Boulevard/San Miguel Drive and Pacific Coast Highway/Newport Center Drive. Table 3 presents the results of the service level analysis at these locations. As shown in Table 3, these intersections currently operate at Level of Service (LOS) A and B during the PM peak hour. The PM peak hour LOS at Pacific Coast Highway/Newport Center Drive is forecast to continue to operate at LOS A with the addition of background and project -related traffic volumes. In the future, the MacArthur Boulevard/San Miguel Drive intersection is forecast to operate at LOS D during the PM peak hour, with an ICU value of 0.83 with or without the proposed Edwards Theatre Expansion. Based on this analysis, the proposed Edwards Triplex Addition is not expected to have a significant traffic impact on the existing street system. '/'.-Z V 1-VT Linscott, Law & Greenspan, Engineers TABLE 2 191b TRAFFIC ANALYSIS EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach 2% Hour Peak Traffic Volumes Significant Intersection Approach 1% Background/2V2 Project Impact MacArthur Blvd./ NB 33 / 1 No San Joaquin Hills Rd. SB 56110 No EB 22/0 No WB 12 / 0 No MacArthur Blvd./ NB 25 / 14 No San Miguel Dr. SB 37 / 10 No EB 250 3 No WB 8 / 21 Yes Jamboree Rd./ NB 49 / 1 No San Joaquin Hills Rd. SB 68 / 35 No EB 710 No WB 17 / 2 No Jamboree Rd./ NB 36 / 0 No Santa Barbara Dr. SB 61114 No EB 8/0 No WB 26 / 1 No Pacific Coast Hwy./ NB 11 / 7 No Jamboree Rd SB 51 / 0 No EB 59 / 39 No WB 48 / 3 No Pacific Coast Hwy./ NB 010 No Newport Center Dr. SB 20 / 3 No EB 42 / 46 Yes WB 35 / 0 No Pacific Coast Hwy./ NB 7/0 No Avocado SB 11 / 1 No EB 41/7 No WB 31/14 No Pacific Coast Hwy./ NB 0/0 No MacArthur Blvd. SB 31 / 1 No EB 46. / 1 No WB 41 / 28 No avIINu6sHsansL2 r�� Linscott, Law & Greenspan, Engineers TABLE 3 LEVEL OF SERVICE SUMMARY EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach Project Peak Existing Background Background ICU Intersection Hour Conditions w/o Project with Project Increase (1) (2) (3) (3)-(2) MacArthur Boulevard/ PM 0.63B 0.83/D 0.83/D 0.00 San Miguel Drive Pacific Coast Hwy/ PM 0.41/A 0.47/A 0.48/A 0.01 Newport Center Dr. PARKING The parking for the proposed theatre expansion will be shared with the existing tenants at the site. The majority of the tenants near the theatre are office type uses that require very little parking after 5:00 PM. The existing Edward's Theatre restrictions on movies starting before 5:00 PM will not be modified with the proposed project, therefore the project is not expected to significantly increase the parking demand before 5:00 PM. Parking Provided Currently there are a total of 1,257 parking spaces on the entire block bordered by Newport Center Drive, San Miguel Drive, Avocado Avenue, Farallon Drive and Anacapa Drive. This block is subdivided into blocks with no vehicular access between the northern and southern portions of the block. The northem half of this block, where Edwards Big Newport Cinemas is located, (Newport Center Block 300) has a total of 606 parking spaces. Access to Block 300 parking is provided from Newport Center Drive in front of the existing theatre lobby, San Miguel Road, and from Avocado Avenue. The proposed Triplex Theatre addition will be located on the southern half of the block (Newport Center Block 200) which has a total of 651 parking spaces. Access to Block 200 is provided by one driveway on Anacapa Drive and one driveway on Farallon Drive. The theatre expansion will result in the loss of 15 parking spaces (9 spaces on the Building 210 parcel and 6 spaces in the Block 200 common parking area). However, 32 spaces can be added in Block 200 by re -striping the parking layout and converting existing parking spaces to the City's current 8.5 foot stall width. 10 Linscott, Law & Greenspan, Engineers Re -striping the Block 200 parking areas will result in a net increase of 17 parking spaces with the theatre addition. Penco Engineering has prepared a proposed parking exhibit that ,illustrates the plan to re -stripe the parking in Block 200 and provide a total of 668 parking spaces. Parkine Survevs To document the existing evening parking conditions at the site, parking surveys were conducted each half hour from 4:00 PM through 10:00 PM on Friday, February 11,1994 and on Wednesday, February 16, 1994. A Friday survey was completed because it is the peak weekday for movie attendance, and the mid -week survey documents the typical peak day for the existing office uses at the site. The parking surveys were completed for the entire block (both Block 200 and Block 300) on an area by area basis. The parking zones used in this analysis are presented in Fxhibit S. Parking Zones 1 through 4 are located on Block 300, with the remaining parking zones located on Block 200. Zone 1 is currently used exclusively by the existing Edwards Theatre, with additional theatre parking in the common -parking area in Zone 2. Zone 3 and 4 are designated for the office buildings along San Miguel Drive and the Newport Center Animal Hospital (1333 Avocado), respectively. Parking for the proposed triplex addition will be provided in Zones 6 and 7, with additional parking during peak periods in Zones 5 and 9. The parking survey data for the Friday and Wednesday parking surveys are,presented in Table 4 and Table 5, respectively. During the Friday parking survey, parking Zone 1 was full most of the evening and in Zone 2, 90 percent or more of the parking spaces were occupied between 8:00 PM and 9:00 PM. However, during the Wednesday parking survey, Zone 1 had a maximum occupancy of just over 60 percent, and after 7:00 PM less than 20 percent of the parking spaces in Zone 2 were occupied. This data indicates that typically on a Friday additional parking for the Triplex Theatre Addition will have to occur on Block 200, but on other weekdays parking is available in Zones i and 2 to support the three new movie screens. However, as.a worst case scenario, this parking analysis assumes that all the parking for the theatre expansion will be provided in Block 200. Parking Zone 8 is full in the early evening, and during the Friday parking survey more than 70 percent of the parking spaces were occupied during the entire survey period. Muldoon's Irish Pub (202 Newport Center Drive) is located immediately north of Parking Zone 8. Based on the relatively high parking demand in this area, we recommend that theatre patrons be directed to park in Zones 7 and 6, with additional parking available in Zones 5 and 9 when it is required. As shown in Tables 4 and 5 the existing parking demand in these four parking areas is relatively low. Less than ten percent of the parking spaces in Zones 5, 6, and 9 were occupied after 7:00 PM during both the Wednesday and Friday parking surveys. it b ` \4 ZONE 1 IA ` ••dal; ` `• ,•` ti r ; P � , — ^.� \ '' _ •��1 ZONE 3 J /, ZONE7 ZONES V F • y`0' IQ J a ,l NOT ~'r!+ ZONE 6 o IAIIL I �•��' � Sri I ZONE 9 - •�• 4440 , c� �0h ll ....MART `. aD NORTH 4G Linscott, Law & Greenspan, Engineers V l,<'r` W / W PARKING ZONES EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITIOt�� 12 TABLE 4 NEWPORT CENTER EDWARDS THEATRE FRIDAY PARKING SURVEY February 11, 1994 Llrpim; 'Lone i 205 Spaces 'Lone 2 372 Spaces Zone 3 24 Spaces ' Zone 4 S Spaces Zone 5 224 Spaces Zone 6 126 Spaces Zone 7 49 Spaces Zone 8 83-Spaces Zone 9 169 Spaces Total 1259 Spaces # of Cars % Used # of Cars % Used # of Gars % Used # of Cars % Used # of Cars % Used # of Cars Jo Used # of Cars % Used # of Cars % Used # of Cars % Used # of Cars % Used 4:00 189 92% 153 41% 19 79175 1 20% 45 20% 66 52% 37 76% 91 110% 69 41% 670 53% 4:30 201 93% 218 59% 13 54% 0 0% 35 16% 76 60% 39 80% 83 100% 67 40% 732 58% 5:00 203 99% 252 68% 1 12 50% 1 3 60% 30 13% 56 44% 37 76% 78 94% 53 31% 724 58% 5:30 206 100% 239 64% 8 33% 1 20% 25 11% 42 33% 41 84% 75 90% 27 16% 664 53% 6:00 205 100% 225 60% 10 42% 2 40% 14 6% 1 22 17% 30 _ 61% 74 89% 9 5% 591 47% 6:30 182 89% 236 63% 9 38% 1 20% 13 6% 16 I3% 25 51% 81 98% 8 5% 571 45% 7:00 197 96% 214 1 58% 5 21% 1 20% 5 2% 11 9% 18 37% 75 90% 9 5% 535 43% 7:30 175 85% 214 58% 4 17% 0 0% 4 2% 12 9% 13 27% 70 84% 9 5% 501 40% 8:00 203 99% 334 90% 8 33% 0 0% 4 2% 6 5% 16 33% 69 83% 7 4% 647 51% 8:30 207 101% 340 91% 20 83% 0 0% 4 2% 5 4% 13 27% 72 87% 5 3% 666 53% 9:00 207 101% 342 92% 19 79% 0 0% 1 0% 5 4% 13 27% 74 89% 4 2% 665 53% 9:30 205 100% 286 77% 22 92% 0 0% I 0% 6 - 5% 12 24% 64 77% 3 2% 599 48% 10:00 208 101% 294 79% 21 88% 0 0% 1 0% 5 4% 9 18% 61 73% 4 2% 603 48% G^UUATAaLFM6F=L4 • TABLE S NEWPORT CENTER EDWARDS THEATRE WEDNESDAY PARKING SURVEY February 16, 1994 Time im Lone 1 205 Spaces # of % Cars Used Zone 2 372 Spaces # o[ % Cars Used Zone 3 24 Spaces # of % Cars Used Zone 4 5 Spaces # of % Cars Uscd Zone 5 224 Spaces # of % CarsUsedCars Zone 6 126 Spaces # of % Used Zone 7 49 Spaces # of % Cars Used Zone 8 83 Spaces ;rTSU9 4:00 94 46% 183 49% 15 63% 0 0% 57 25% S6 68% 42 8G% 78 94% 4:3 5:00 886 99 42% 48% 178 172 48% 46°% 17 13 71% 54% 1 0 20°l0 0% 51 47 23% 21% S9 G3 70% SO% 42 _ 3S 86% 7S% 82 77 99% 93°Jo 5:30 6:00 6:30 7:00 7.30 8:00 8:30 9:00 100 99 92 97 86 124 126 122 49% 48% 45% 47% 42% 60% 61% 60% 146 120 92 81 60 46 39 31 39% 3217o 25% 22% 16% 12% 10% 8% 12 5 5 6 2 5 5 4 50% 21% 21% 25% 8% 21% 21% 17% 1 1 0 0 0 0 0 0 20% 20% 0% 0% 0% 0% 0% 0% 39 24 19 22 16 10 3 2 ]7% 11°% 8% 10% 7% 4% 1% 1% 43 30 18 _ 10 10 9 S 8 34% 24% 14% 8% 8% 7% 6% 6% 36 30 24 18 13 11 10 9 73% 61% 49% 37% 27/0 ° 22% 1 20% 18% 73 S8% 72 87% 68 74 66 82% 89% SO% 50 60% 46 55% 28 33% 9:30 10:00 72 92 35% 45% 13 15 3% 4% 3 0 13% 0% 0 0 0% 0% 1 1 1 0% 05410 1 7 6 ° 6l0 5% 7 5 14% 10% 22 27% 17 20% CWLrATABLESV68ML5 Zone 9 169 Spaces Totat 1259 Spaces # of Cars % Used # of Cars % Used 81 48015 636 51% 77 46% 623 5096, 50 30% 559 44% 39 23% 489 39% 21 12% 402 32% 11 7% 329 26% 7 4% 315 2S% 4 2% 257 20% 6 4% 261 21% 5 3% 242 19% 7 4% 211 17% 4 2% 129 3 2% 139 to% RA Linscott, Law & Greenspan, Engineers The three movies playing at the theatre during the parking survey were "Ace Ventura: Pet Detective". 'The Getaway" and "In the Name of the Father." Attendance at a theatre varies significantly depending on the movies that are playing. Movie attendance is generally the highest on Saturday, and Friday is typically the second busiest day of the week. Attendance is generally much lower on other weekdays. Edward's management indicated that movie attendance during the Friday and Wednesday parking surveys was not unusually high or low for those days of the week. Table 6 presents a summary of the total building area and vacant space in Block 200 and Block 300 during the parking surveys. As indicated at the bottom of Table 6, only 6.5 percent of the building area in Block 200 is vacant. Some vacancies are almost always expected in a center this size and this vacancy rate is lower than other areas in Newport Center. Roughly 23% of the office space in Block 300 was vacant during the parking survey. ExistingParking arking Supply -Demand Analysis Tables 7 and 8 summarize the existing Friday and Vrreekday parking supply -demand analysis for the three parking areas expected to be used to support the proposed theatre expansion (Parking Zones 7, 6 and 5). The number of parking spaces provided in each zone with the completion of the theatre expansion and the planned re -striping of the parking areas in Block 200 is also presented in Tables 7 and 8. The existing parking supply or deficiency, by time of day, in each of the three zones was calculated by subtracting the number of cars parked in each zone from the number of parking spaces provided in that zone, with the completion of the theatre expansion and planned parking lot modifications. The surplus parking spaces in these zones can be used to provide parking for the proposed project. Theatre Expansion Parking Demand The theater expansion is expected to have a peak Friday evening parking demand of 224 spaces (897 new seats x 0.25 parking spaces/seat = 224). The peak weekend (Saturday) parking demand for the theatre expansion is forecast to be 296 spaces, based on a parking ratio of 0.33 parking spaces/seat. The parking demand for the theatre expansion by time of day was determined based on prior theatre parking studies completed by LLG. The 668 parking spaces provided on Block 200 to support the theatre expansion, Muldoon's and a few small retail/service uses that are open on the weekend are expected to provide ample parking on the weekend to support the theatre expansion. Therefore, the initial parking analysis focused on the Friday and weekday parking conditions at the site when both the office uses and theatre are expected to have a significant parking demand. However, our initial analysis and parking surveys at the site indicated that the peak parking requirements with the theatre expansion will occur at 10:00 PM and is driven by the theatre parking requirements not the other uses at the site. Therefore, because the Theatre parking demand is expected to peak on Saturday, a Saturday analysis has also been added and is based on the Friday parking survey data collected at the site for the non -theatre uses. 15 Linscott, Law & Greenspan, Engineers TABLE 6 EXISTING USES - BLOCK 200 AND 300 EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach FF Building Area Vacant Space Building Address (SF) (SF) Block 200: 200 Newport Center Dr. 25,518 0 202 Newport Center Dr. 8,602 0 220 Newport Center Dr. 10,340 1,225 230 Newport Center Dr. 28,898 0 240 Newport Center Dr. 20,788 0 250 Newport Center Dr. 19614 9,168 260 Newport Center Dr. 21,794 0 270 Newport Center Dr. 8921 0 280 Newport Center Dr. 14,824 0 TOTAL 159,299 10,398 (6.59c) Block 300: 300 Newport Center Dr. Theater 0 359 San Miguel Dr. 14,000 3,218 363 San Miguel Dr. 11,000 0 366 San Miguel Dr. 11,000 3,432 369 San Miguel Dr. 21,800 12,363 1367 Avocado Avenue 13000 0 1333 Avocado Avenue 2,600 0 1303 Avocado Avenue 18,650 3,667 TOTAL 97,050 22,680 (239c) The vacancy rate for Block 200 is at 6.5% (excluding the 210 building, which will be replaced by the proposed theatre expansion); and for Block 300, it is 23%, excluding Edwards Theatre. C.VLNCAULFS1667 8L.6 16 / za Time PM 4:00' 4:30 5:00 5:30 6:00 6:30 7:00 7:30 8:00 8:30 9:00 9:30 10:00 • Linscott, Law & Greenspan, Engineers TABLE 7 FRIDAY PARKING SUPPLY -DEMAND ANALYSIS PARKING ZONES 7, 6 AND 5 EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach Zone 7 34 Spaces Provided Existing Existing Surplus (+)/ Demand Deficiency (•) (1) (2) 37 (-3) 39 (-5) 37 (-3) 41 (-7) 30 +3 25 +9 18 +16 13 +21 16 +18 13 +21 13 +21 12 +22 9 +25 Zone 6 132 Spaces Provided Existing Existing Surplus (+)/ Demand Deficiency (•j (3) (4) 66 +66 76 +56 56 +76 42 +90 22 +110 16 +116 11 +121 12 +120 6 +126 5 +127 5 +127 6 +126 5 +127 Zone 5 235 Spaces Provided Existing Existing Surplus (+)/ Demand Deficiency (-) (5) (6) 45 +190 35 +200 30 +205 25 +210 14 +221 13 +222 5 +230 4 +231 4 +231 4 - 231 1 +234 1 +234 1 +234 The existing parking surplus (+) or deficiency (-) was calculated by subtracting the number of cars parked in the parking zone from the number of spaces that will be provided in that zone with the completion of the theatre expansion and the planned re -striping of the parking areas In Block 200. G1JL\Y687U68 IDL7 s ,r 17 V I Azp:zf 1 � • Linscotl, Law & Greenspan, Engineers TABLE 8 WEEKDAY PARKING SUPPLY-DED4AND ANALYSIS PARKING ZONES 79 6 AND 5 EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach Time PM [7:30 9:00 9:30 10:00 34 Existing Demand (1) sr�cza® 42 42 38 36 30 24 18 13 11 10 9 7 5 Zone 7 Ices Provided Existing Surplus (+)/ Deficiency (-) (2) (-8) (-4) (-2) +4 +10 +16 +21 +23 +24 +25 +27 +29 "Lone 6 132 Spaces Provided a 89 +43 63 +69 43 +89 30 +102 18 +114 10 +122 10 +122 9 +123 8 + 124 8 +124 7 +125 6 +126 Zone 5 235 Spaces Provided Existing Existing Surplus (+)/ Demand Deficiency (•) (5) (6) 57 +178 51 +184 47 +188 39 +196 24 +211 19 +216 22 +213 16 +219 10 +225 3 +232 2 +233 1 +234 1 +234 The existing parking surplus (+) or defcienry (-) was calculated by subtracting the number of cars parked in the parking zone from the number of spaces that will be provided in that zone with the completion of the theatre expansion and the planned re -striping of the parking areas in Block 200. C:ULMI667116671'bLB 18 /.�Y Linscott, Law & Greenspan, Engineers Weekday Parking Analysis The parking analysis for the project is summarized in Tables 9 and 10. These tables include the anticipated parking demand for the theatre expansion by time of day, as well as the existing and future parking surplus or deficiency in parking Zones 7, 6 and 5. The anticipated parking demand for the theatre expansion is present in column two (2) in Tables 9 and 10. This parking forecast was calculated by multiplying the peak weekday ,parking demand of 224 spaces by the anticipated parking profile presented in column 1. The theatre parking demand is expected to utilize the parking closest to the theatre (Parking Zone 7) and extend to other parking areas (Zone 6 and then Zone 5 and/or 9) later in the evening as the parking demand for the theatre increases. The existing parking surplus or deficiency for Zones 7, 6 and 5 are presented in columns 3, 5 and 7, respectively. The future parking surplus or deficiency in these zones was calculatedby adding the theatre parking demand shown in column 2 to the existing parking surplus or deficiency, first to Zone 7 and 6, then to Zone 5, if required to meet the theatre parking requirements. As shown in Tables 9 and 10, parking for the theatre expansion can be accommodated entirely in Zones 7 and 6, until 7:00 in the evening. Later in the evening, during the peak theatre period associated with the parking overlap between the second and third movie showings, a maximum of 72 spaces are forecast to be required in Zone 5 and 9 on a Friday night. The parking area that is expected to be used to support the theatre expansion is illustrated in Exhibit 6. All of the parking spaces required to support the theatre expansion on a weekday are provided within approximately the same walking distance as the parking provided for the existing theatre. This' parking analysis indicates that a surplus parking Zones 5 through 7 during the weekday proposed project (see column 8 in Tables 9 an Saturday Parking arking Analysis d of more than 160 spaces is anticipated in evening period with the completion of the 10). The existing and proposed theatre are expected to have the greatest parking demand on Saturday evening. The existing 1,998 seat theatre requires 659 spaces (1,998 seats x 0.33 spaces/seat = 659 spaces) based on City parking code requirements. This peak parking requirement is 91 spaces more than the peak parking demand for the existing theatre of 568 spaces observed on Friday at 9:00 PM in parking zones 1, 2 and 3 (see Table 4). The peak Friday parking demand for the triplex theatre addition is expected to be increased by 72 spaces to obtain the peak Saturday parking demand (296 - 224 = 72). Therefore, the peak parking demand for a Friday is expected to be increased by a total of 163 spaces (91 spaces for the existing theatre and 72 spaces for the triplex addition) to obtain the peak Saturday parking demand. 19 Linscott, Law & Greenspan, Engineers TABLE 9 FRIDAY PARKING ANALYSIS SUMMARY EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach Triplex Theatre Addition Zone 7 Zone 6 Zone 5 Peak Weekday Demand Surplus (+)/11 Surplus (+)/ Surplus (+)/ 224 Spaces Deficiency (-) Deficiency (•) Deficien % of Peak No. of Future Future Future Time Demand Spaces Existing [3-21 Existing [5+4] Existing [7+6] Phi (1) (2) (3) (4) (5) (6) (7) (8) wwawam 4:00 10% 22 (-3) (-25) 66 41 4:30 15% 34 (-5) (-39) 56 17 5:00 15% 34 (-3) (-37) 76 39 5:30 30% 67 (-7) (-74) 90 16 6:00 40% 90 3 (-87) 110 23 6:30 50% 112 9 (-103) 116 113 7:00 55% 123 16 (-107) 121 14 7:30 65% 146 21 (-125) 120 (-5) 231 226 8:00 75% 168 18 (-150) 126 (-24) 231 207 8:30 85% 190 21 (469) 127 (42) 231 189 9:00 90% 202 21 (-181) 127 (-54) 234 180 9:30 95% 213 22 (-191) 126 (-65) 234 169 10:0011. 100% 224 25 099) 127 (-72) 234 162 The existing parking surplus (+) or deficiency (-) for parking Zones 7, 6 and 5 are also presented in Table 7. A parking summary for Zone 5 is only shown during the time period when theatre patrons would be expected to park in this area. Theatre patrons are expected to initially use Zone 7, then Zones 6 and 5 as additional theatre parking is required. C.WLNUMU68ML9 20 4�6 is Linscott, Law & Greenspan, Engineers TABLE 10 WEEKDAY PARKING ANALYSIS SUMMARY EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION Newport Beach Triplex Theatre Addttton Weekdoy Demand 224 Spaces Zone 7 Surplus (+)! Deficiency (-) Zone 6 Surplus (+)/ Deficiency (-) Zone 5 Surplus (+)/ Deficiency (•) % of Peak No. of Future Future Future Time Demand Spaces Existing 13.21 Existing [5+41 Existing I7+61 PM (1) (2) (3) (4) 1 (5) (6) (7) (8) 4:00 1090 22 (8) (-30) +46 16 4.30 15% 34 (•8) (.42) +43 1 5:00 15% 34 (4) (-38) +69 31 5:30 30% 67 (-2) (-69) +89 20 6:00 40% 90 4 (-86) +102 16 6:30 500/0 112 10 (-102) +114 12 7:00 55% 123 16 (-107) +122 15 7:30 65% 146 21 (-125) +122 (-3) +219 216 8:00 75% 168 23 (-145) +123 (-22) +225 203 8:30 85% 190 24 (-166) +124 (42) +232 190 9:00 90% 202 25 (-177) +124 (-53) +233 180 9:30 95% 213 27 (-186) +125 (-61) +234 173 10:00 100% 1 224 1 29 (-195) +126 (-69)_Jl +234 165 The existing parking surplus (+) or deficiency (-) for parking Zones 7, 6 and 5 are also presented In Table & A parking summary for Zone 5 is only, shown during the time period when theatre patrons would be expected to park in this area. Theatre patrons are expected to initially use Zone 7, then Zones 6 and 5 as additional theatre parking is required. C-JLhV66716S7mL10 21 ��0 _J b ZONE 9 • C. ZONE 7 •I/IFlil //4• �� •y. ZONE 8 SNo 4:Wi{.e•.c E9 ... I .?Ira < .AM K Parking Required During Peak Weekday ZONE 3 ZONE 4r` Y// XY / :. '+*• - Ste••• •/' %' / ` /a% / / �6 c Period" Additional Parking Required During Peak Saturday Period aD 6 NORTH PARKING AREA REQUIRED FOR 413 THEATRE EXPANSION DURING PEAK PERIOD Linscott, Law & Greenspan, Engineers 22 EDWARDS BIG NEWPORT CINEMAS TRIPLEX ADDITION 55� Linscott, Law'& Greenspan, Engineers After 7.00 PM in the evening the Friday and Saturday parking demand at the site for the non -theatre uses are expected to be approximately the same. Review of the Friday parking survey data at the site (see Table 4), indicates that at all times there were at least 30 vacant parking spaces in Zone 2. Therefore, on Saturday approximately 133 additional theatre parking spaces will be required during the peak period compared to the Friday parking analysis presented in Table 9. These 133 additional parking spaces can be provide in parking zones 5 and 9, as shown in Exhibit 6. A total of 194 surplus parking spaces are anticipated in parking zones 5 and 9, based on this peak Saturday parking analysis. PEDESTRIAN AND VEHICULAR CIRCULATION Pedestrian access from the parking area immediately south of the theatre expansion (Zone 7) will be provided via a sidewalk and stairs situated on both the east and west side of the proposed theatre building. To enhance pedestrian safety adequate lighting should be provided in these pedestrian corridors and in the parking areas that will be utilized by theatre patrons. The proposed theatre expansion does not include any modifications to the existing vehicular access to Blocks 200 and 300. Vehicular access to the parking provided for the theatre expansion will be provided from existing driveways on Anacapa Drive and Farallon Drive. During and after construction of the triplex theatre addition, signs should be posted to indicate to theatre patrons that parking for the theatre addition will be provided in the parking areas south of the new theatre, with access to these parking areas via Anacapa Drive and Farallon Drive. The theatre patrons are expected to initially fill parking areas 1 and 2, which are currently used for the existing theatre. Therefore, theatre patrons need to be directed from these areas to the available parking in areas 7, 6, 5 and 9. There is not a direct vehicular connection between Block 200 and Block 300, and a vehicular connection between these two parking areas is not practical because of the significant grade difference between the two blocks. 'There are existing pedestrian connections, via stairs, between Block 200 and Block 300. Patrons could also be informed and encouraged to use the appropriate parking areas in Block 200 on Edward's telephone information message that currently provides information regarding what movies are playing,at the theatre and their starting times. Further, to discourage theatre patrons from using the retail parking available on the opposite side of Newport Center Drive and illegally jaywalking across Newport Center Drive to the theatre, we recommend that a physical barrier (fence, hedge, etc.) be constructed to prohibit mid -block pedestrian crossings. This barrier would also increase the walking distance from the retail parking northwest of Newport Center Drive to the theatre and reinforce that theatre patrons should park in Block 200. 23 /3 9 Linscott, Law & Greenspan, Engineers SUMMARY • The proposed Edwards Theatre Triplex Addition will include a total of 897 new seats (299 seats in each of the three new auditoriums); and will be constructed southwest of the existing theater. The theatre expansion will replace the 210 Newport Center building, which was formerly the Good Earth Restaurant. • The theatre expansion is expected to generate 660 vehicular trips on a daily basis (half arriving, half departing), with 75 project trips forecast during the PM peak hour (70 inbound, 5 outbound). The project is not expected to increase traffic volumes during the AM peak hour. • Analysis completed using the City of Newport Beach's 1% traffic impact criteria, indicates that the project will increase future traffic volumes by more than 1% at MacArthur Boulevard/San Miguel Drive and at Pacific Coast Highway/Newport Center Drive, with less than a 1% impact forecast at the other six intersections evaluated in this report. • The Pacific Coast Highway/Newport Center Drive intersection currently operates at LOS A during the PM peak hour and is forecast to continue to operate at LOS A with the addition of background, cumulative and project -related traffic. During the PM peak hour, the MacArthur Boulevard/San Miguel Drive intersection currently operates at LOS Band is forecast to operate at LOS D in the future with or without the proposed theatre expansion. • The proposed theatre addition is expected to have a peak weekday (Friday) parking demand of 224 spaces and a peak weekend (Saturday) parking demand of 296 spaces. • Parking for the proposed theatre will be shared with the other existing uses at the site and will primarily be provided south of the theatre in Block 200. • Currently there are 651 parking spaces in Block 200, and 606 parking spaces in Block 300. The proposed theatre building will result in the loss of 15 parking spaces (9 spaces in the 210 Newport Center Building parcel and 6 spaces in the common parking area in Block 200). However, 32 spaces can be added by re -striping the parking in Block 200. • A total of 668 spaces will be provided on Block 200, with the completion of the proposed theatre expansion. • Based on parking surveys at the site and the anticipated parking demand for the proposed triplex theater addition, adequate parking will be provide to support the project. • A directional sign program should be developed for the project to direct theatre patrons to the appropriate parking areas. • A physical barrier should be constructed along Newport Center Drive to prohibit mid - block pedestrian movements between the retail parking in Fashion Island and Edwards Theatre. GV4168Tr 24 c»! 1% Traffic Volume Analysis Intersection MacArthur Blvd / San Joaquin Hills Rd (Existing Traffic Volumes based on AVerage Winter/Spring pM C+ua yors >fM-49 .Approach Existing Peak 2k Hour Regional Approved Projects Projected 10. of Projected Project Direction Peak 2k Hour Growth Peak 2h Hour Volume Peak 2h Hour Volume Peak 2y Hour Peak 24 Hour Volume volume volume volume Northbound 2558 A'j�} 30"] 412 • 32? 33 � southbound 4623 (37 to Eastbound 1825 010 `' i$� 22t32 22 i O Westbound (070 ' O 0 1121 { Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume Q Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. 1 9v.wds 8r, r-� Gnt.nnts Triplex ��i-ion z-16- PROJECT: >-Pf 1% Traffic Volume Analysis Intersection MACARTHUR BL/SAN MIGUEL DR (Existing Traffic Volumes based on Average inter pring pM Ca ycnrs erc-iQ Peak 24 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 22 Hour Growth Peak 2h Hour Peak 2k'Hour Peak 22 Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 1962 %Z) 353 113 ZM Southhound 2743 49`i 911 3l3(o 3- 10 Eastbound 2101 070 0 430 1531701 Nestbound �b7� 0 0 102. 903 Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume Project Traffic is estimated to be greater than 1%'of Projected' Peak 22 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Edwtrcis i3i� NcUpo4 Cim"s Trine?( wdi4oY1 DATE 2-I6-94 �702 PROJECT: �f' s 1% Traffic Volume Analysis Intersection JAMBOREE RD/SAN JOAQUIN HILLS RD (Existing Traffic Volumes based on Average Winter/Spring 19 92) M (3 yI rs 06-VA1+) Peak 24 Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2k Hour Growth Peak 24 Hour Peak 24 Hour Peak 2y Hour Peak 28 Hour volume Volume Volume Volume Volume Volume Northbound 3401 37 306 1227 493y 49 1 r uthbound 5055 y, 303 1993 6651 66 1 35 astbound [We 414 b 30 ?18 7 0 stbouad 1558 0 95 m3 17 i 2• �q( Project Traffic is estimated to be less than 1% of Projected JL" Peak 2h Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Cincr�-as —FripltX A840n DATE: Z 16-9y /Y� PROJECT: ��,� • 0 1% Traffic Volume Analysis Intersection Jamboree Rd / Santa Barbara Dr (Existing Traffic Volumes based on Average Winter/Spring _ M &L vc.ra arowlh) Approach Direction Existing Peak 2� Hour Volume Peak 21s Hour Regional Growth Volume Approved Projects Peak 2y Hour Volume Projected Peak 24 Hour Volume 1.. of Projected Project Peak 2h Hour Peak 2y Hour Volume I Volume Northbound 2737 361-7 36 Sout hbound 4426 (370) Z66 13n 6078 61 Eastbound _0_ 07) $0 8Q 8 Westbound 2013 (DA) 630 Z(Og3 2% i fi7( Project Traffic is estimated to be less than 1% of Projected �! Peak 22 Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected Peak 22 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Edwards PROJECT: TripleXW;4ion DATE: 2-16`19 i I 1% Traffic Volume Analysis Intersection Coast Hwy / Jamboree Rd (Existing Traffic Volumes based on Average Winter/ Peak 2k Hour Approved Approach Existing Regional Projects Projected 1% of Projected Project Direction Peak 2k Hour Growth Peak 2k Hour Peak 21s Hour Peak 24 Hour Peak 2y Hour Volume Volume Volume Volume Volume Volume Northbound 1076 pt) 0 62 1138 i % southbound 3975 37,) 7-31 914 Eastbound 4761 190 959 5905 159 39 Westbound 4062 ty,) 162. 608 Is3z I ys 3 gyp{ Project Traffic is estimated to be less than 1% of Projected Y� Peak 2; Hour Traffic Volume Q Project Traffic is estimated to be greater than 1% of Projected Peak 2; Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. i3k NeW,xr} C«t"s TripleA A4441on DATE: Z16'9y PROJECT: 14 (1517 1% Traffic Volume Analysis Intersection COAST HIGHWAY/NEWPORT CENTER DR (Existing Traffic Volumes based on verage Inter Pr ng 92 PM (3 VtAe3 Approach Direction Peak 2h Hour Existing Regional Peak 2k Hour Growth Approved Projects Projected 1% of Projected Peak 2h Hour Peak 2h Hour Volume Volume Peak 2h Hour Volume Volume Volume Northbound Southbound 1774 07j) p Z35 Zoo 20 Eastbound 3718 ZA) 223 348 y�89 `12 ( westbound 3063 Z7. Sy Z53 3500 35 Project Traffic is estimated to be less than 1% of Projected Peak 22 Hour Traffic Volume Project Traffic is estimated Peak 22 Hour Traffic Volume. to be greater than 1% of Projected Intersection (I.C.U.) Analysis is required. Capacity Utilization Project Peak 22 Hour Volume 0 3 96 4 0 i PROJECT: mj;4 z-id-R4 / 1% Traffic Volume Analysis Intersection COAST HIGHWAY/AVOCADO (Existing Traffic Volumes based on Average nter pr ng 92 PM Peak 2k Hour Approved Approach Existing Regional Projects Projected I% of Projected Project Direction Peak 2h Hour Volume Growth Volume Peak 2h Hour Volume Peak 24 Hour Volume Peak 24 Hour Volume Peak 2h Hour Volume Northbound 665 07. Q is 471 0 Southbound 818 00 7.19 1092 11 Eastbound 3493 (270 210 368 t(071 yI 1 westbound 2708 (41) 162 217 3097 Project Traffic is estimated to be less than 1% of Projected J� Peak 2k Hour Traffic Volume Project Traffic is estimated to be greater than 1% of Projected (] Peak 2� Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. ed PROJECT: A 0 0 1% Traffic Volume Analysis Intersection Coast Hwy / MacArthur Blvd (Existing Traffic Volumes based on Average Winter/Spring PM ch,s mwm ApproTrhE.xoisting Peak 2h Hour Regional Approved Projects Projected 1% of Projected Project Direc2k Hour lume Growth Volume Peak 2h Hour Volume Peak 2k Hour Peak 2h Hour Peak 2k Hour Volume Volume Volume _0_ O_^O—_O-Southbound ! kNo®rthbound 2342 7-5) y31 3000 31 Eastbound 4111 II 4599 , Nound 3634 z83 yp62 yl ' I8 J Project Traffic is estimated to be less than 1% of Projected Peak 2, Hour Traffic Volume ❑ Project Traffic is estimated to be greater than 1% of Projected Peak 2h Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. Tri sx AcWA-*v, DATE: Z- PROJECT: C�t� HA713SPH INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: HACARTHUR BOULEVARD t SAN MIGUEL DRIVE 7135 EXIST TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC WINTER/SPRING 1992 PH ............................................................................................. I IEXISTiNGIPROPOSED IEXISTING IEXISTING IREGIORALICOK41TTEDI PROJECTED I PROJECT IPROJECT I IMovementl Lanes I Lanes ( PK HR I V/C I GROWTH I PROJECT I V/C Ratio IVolume I V/C I I 1CepacitylCepacityl Volume I Ratio I Votume I Volume Iw/o Projectl I Ratio I I I I' I I I I I volmn I I I 41 0,011* I..................................................................................I NT ) 3zoo I 1 624) o.z4 1 112 1 75 I ...Q.�Q..l....... --- ................. -----•----------- I HR 1 1 132 1 1 I I 1 I I ....................... ........................... ..................... 1 SL 1 1600 I I 7 1 0.00 1 1 0 -----------------------•.......... ......................... ................ I ST 1 I 10061181 1 Icy. 1 ... 2.!.......! --------) 3200------------------) 0.39 •.............._. I SR I I 245 I ( 117 1' 1 5 1 1 ----------------- ...._........................................ I'll ..... ••......... I 1 EL 1 3200 1 1 549 1 0.17 • 1 135 1 Q.21 *1 1 0.21 I* I ---Er---- ----... i-------------------------i....� ....... ............•o:1� I 291 I.... . 1--------1-- --- 1_._.....i._..j5 I..----i---i......... I ER 134 I•---•••--•--••---••........................................................................I I WL 1 16001 1 105I 0.07 I 2 1 0.07 I 1 0,611 I---------------------- ••-•......... -----..................................................I 1 WT 1 1 120 1 1 49 1 0,0� F! � �...!_ 6:0�,1 � 1........) 3200----------•------•) 0.04 •................. I 1 WR I 1 18 I 1 01 I I I .............1 IE%ISTING•.........................i_..0.63 1 ...-__......_......._......._.. 1 1•.......................... ........................ .0;.3..i I 1EXIST + REG GROWTH + COMMITTED W/PROPOSED IMPROVEMENTS I.C.U. I8 I----•.................................................................................:....1 1EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U. I $3 I ....................•...................•.................................................... 181 Projected + project traffic I.C.U, will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic I.C.U. w/systems improvement will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. with project improvements will be less than I.C.U. without project ...........-•.............................................................••--........... Description of system improvements F-8waras gia WtWDor7• Ct:rler Trzplex Aaail'an - PROJECT FORM 11 HA7135PM ,. • cH5330PM INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: COAST HIGHWAY i NEWPORT CENTER DRIVE 5330 EXIST TRAFFIC VOLUMES BASED OH AVERAGE DAILY TRAFFIC WINTER/SPRIRG 1992 PH ............................................................................................. I IEXISTINGIPROPOSEDIEXISTINGIEXISTINGIREGIONALICOHNITTEDI PROJECTED I PROJECT IPROJECTI lHovementl Lanes I Lanes I PK HR I V/C I GROWTH I PROJECT I V/C Ratio lyolume I Y/C i I lCapacitylCapacityl Volune I Ratio I Volume I Volume 1W/o Projectl I Ratio I I I I I I I I I Volume I I I I--• ••----------•-•------..................'-------'--------------_............_............I NL I I I I I I I I I I ..................................................... ........... ......--------------------- I I HT I I I I I i I I I I -------•--------•-----""i--------------:-------- ".......................I NR I 1 •------• ••-------------------------""'---•--•---•---""-------""-----•----• •-----.:...1 l SL 1 3200 1 1 230 1 o-OT • I 2`� I 0.001 1 0.6V 1-------------------------------------........----"--.....................................I I ST I I I I I I I I I I I........................................................................................ .I I SR I N.S. I 1 50 1 1 1 68 1 1 2, I I I--------------------------------------------------- -....................................... I l EL 1 3200 1 1 245 1 0.08 - 1 9,4 1 0.01 * I 20 10.&J I------•------•-•----•-'••'•'-""'----------•-------•------- '-----------; ••••-•- I ET 1 4800 1 1 1235 1 0.26 1 %� 1 131 1 0.3O 1 9 l 6.30 1 _______________________________•--•-•-------••••--____---•--' - I ER I I I I I I I I ,I I i.........................................................................................I I WL I I I I I I I I I i i........................................................................................•--I l WT 1 4800 1 1, 1253 1 0.26 • l5 1 116 1 0. P� It 1 1 0.30 I-------------••-------•---------------------------••--------------- ----"•-•-•--I WR I N.S I I 1D4I 1 1 10 1 1 1 1 l------- '----------------------------------------------------------------------------------- I 1EXISTING 1 0.41 1 i 1............................ --"'--'•--•••--•______------------------------- I (EXIST + REG GROWTH + COMMITTED W/PROPOSED IMPROVEMENTS I.C.U. I 0•47 I I I...........................................................................................I (EXISTING + COMMITTED + REGIONAL GROWTH + PROJECT I.C.U. 10,45 l ............................................................................................. I—K Projected + project traffic I.C.U. will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. will be greater than 0.90 1_1 Projected + project traffic I.C.U. w/system improvem. nt will be less than or equal to 0.90 1_1 Projected + project traffic I.C.U. with project improvements will be less than I.C.U. without project ..............'-.......------------'------"'"'.........._'--..._--•-'-----' Description of system improvement: Ej-t6(4 9� Hcw�°r� Cine, �s T�Plex Add +on PROJECT FORK It C05330PH L�� Resolution No. - A RESOLUTION OF THE PLANNING.COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF GENERAL PLAN AMENDMENT 94-1(B) AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO ADD THEATER SEAT ALLOCATION AND TO ALTER POLICY STATEMENTS FOR STATISTICAL AREA Ir1, IN BLOCK 200 DESIGN PLAZA OF NEWPORT CENTER WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the GeneralPlansets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, said element of the GeneralPlan designates the general distribution and generallocation and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and floor area ratio ordinance; and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law; and, WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHEREAS, pursuant to Section,707 of the Charter of the City of Newport Beach, the Planning Commission has held apublic hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan; and WIIEREAS, the proposed project is compatible with the existing land uses in the neighboring Fashion Island Planned Community and the subject district; and WHEREAS, the circulation system will not be significantly impacted by the proposed project; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project: The Initial Study concluded that the project could not have a significant effect on The environment, therefore a Negative Declaration has been prepared. r NOW*EREFORE, BE rr RESOLVED that based 14 the information contained in the Initial Study, comments received, and all related documents, the Planning Commission finds that there 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 Planning Commission finds that the Negative Declaration adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the Planning Commission. The Negative Declaration was reviewed and considered prior to recommending approval of the project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that an amendment to the General Plan of the Newport Beach Municipal Code be recommended to the City Council for approval as follows: That the development allocation in Statistical Area No. L-1, also designated as Block 200 Design Plaza, shall be altered so as to permit 897 theater seats. ADOPTED this _ day of _ . 1994. AYES NOES ABSENT is -A '� -k. OPITY OF NEWPORT BEACH O COCIL MEMBERS �F�� ROLL CALL F I Motion Ayes Noes Ayes Noes Motion All Ayes x x x x x x x x x x x x x x x July 25, 1994 Substitute motion was made by Council Member Sansone to rescind the Council's action on July 11, 1994 with regard to placing the proposed Library measure on the ballot. \t, il Member Sansone indicated he made bstitute motion because he felt it e "will of the majority of people pport the Library." He also felt if this matter is put on the t, it will become a very political at election time. iMember Watt suggested that the " iverse" be inserted after the al " in Section (d) above to which er accepted. ubsti ute motion made by Council Sans a was voted on and FAILED. The original 1p tion was voted on and carried. \ CONSENT CALENDAR - The following items were proved, except for those items removed: RESOLUTIONS FOR ADOPTION 12. Removed from the Consen Calendar. 13. Resolution No. 94-68, proclaiming support for the Orange County Arts Council. [Report from Communitq Services Department] 14. Removed from the Consent Cale r. 15. Removed from the Consent Calen r. 16. Removed from the Consent Calendar 17. Removed from the Consent Calendar. CONTRACTS AND AGREEM=9 18. Removed from the Consent Calendar. 19. PERSONNEL VACANCIES - Report from Personnel Director. 20. Removed from the Consent Calendar. 21. PUBLIC HEARING SCHEDULING - August 8, 1994: General Plan Amendment No. 94-1(B) - Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document [Report from Planning Department]; Volume 48 - Page 245 MINUTES INDEX Orange Cnt Arts Cncl Res 94-68 (62) (66) GPA 94-1(P (45) oC I TY OF, NEWPORT BEACH COUNCIL MEMBERS VN �Hof ROLL C LL July 25, 1994 I Kotion x (e) Participate in the recruitment and selection of the person principally responsible for Library administration, who shall be a professional librarian who possesses all of the minimum provide the City Manager, who is responsible for the ultimate selection and appointment, with a list of the best qualified candidates as determined by written and oral examinations jointly developed by the Board and the City Manager and administered y a five member panel consiating f two Board members, two p ofessiono librarians selected b the Board, and a representative ae acted by the City Manager. (f) Aces t money, personal property or real estate donated to the City for 1 brary purposes, subject to the ap roval of the City Council. (g) Contrack with schools, county or other g vernmental agencies to render or receive library services or faci1 ties, subject to the approval o the City Council." The folloiring Council in opt Charter Amendm Gordon, Glass, 2024 / Member of the Lit Charles Mosmann, 101 Alice Remer, 210 Go: Jane Mosmann, 1015 1 Lucille Kuehn, 1831 Member of the Li read letter in o1 Carmichael, Pros'. Beach Library Foi addressed the to the proposed Chico, former Board ohin Terrace Terrace from David the Newport It was indicated by the abo a speakers that they felt the timing for the proposed amendment was inappro late due to the recent opening of the ne Central Library, that said amendment co d have a detrimental effect on future fi ancial contributions; that furthur clea ng-up of the amendment is still needs and the City should wait and revise this section of the Charter when the document gets updated. Irwin Gellman, 8 Rocky Point Road, a d Karen Evarts, 426 Piazza Lido, form Member of the Library Board', addresse the Council in support of the Charts Amendment, indicating they felt the revised exhibit is well -written, well thought-out, and should be approved. Hearing no further testimony, motion was made by Mayor Turner to adopt the revised Exhibit "A" as set forth in the foregoing, and to rescind the previous Exhibit "A" approved by the City Council on July 11, 1994. Volume 48 - Page 244 MINUTES Board W TY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �ni i rmi i July 25, 1994 INDEX Traffic Study No. 94 - Request to GPA 94-1(B approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; Use Permit No. 1527 (Amended) - Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off - site parking arrangement for the additional required parking; AND Exception Permit No. 46 - Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' Big Newport Cinemas. 22. READILY ACHIEVABLE ADA ALTERATIONS AND ADA PRIORITY STRUCTURAL ADA ALTERATIONS (C- C-2941 2941) - Rescind the June 13, 1994 award (38) of Contract No. 2934; approve an exception to the capital projects oratorium and the plans and ecifications for the project; and a horize staff to advertise for bids. [Re ort from Public Works Department] 23. Remov d from the Consent Calendar. 24. ACCEPT CE OF TRAFFIC SIGNAL Traffic MODIFICA ONS AT VARIOUS LOCATIONS (C- Signal 2937) - A apt the work; authorize the C-2937 City Cler to file a Notice of (38) Completion a release the bonds 35 days after the Not a of Completion has been recorded in ac rdance with applicable portions of the Civil Code. [Report from Public Works Department] 25. MEASURE M LOCAL TREETS AND ROADS Measure M (74) PROGRAM 1994/95 ELIG ILITY APPLICATION Adopt the final year Capital Improvement Program an direct staff to submit the adopted progra to the Orange County Transportation uthority to satisfy the eligibility req rements for the Measure M funding progra [Report from Public Works Department] 26. ACCEPTANCE OF CENTRAL LIBRARY (C 778) - Central Accept the work; authorize th City Library Clerk to file a Notice of Completio and C-2778 release the bonds 35 days after the (38) Notice of Completion has been recor d in accordance with applicable portio of the Civil Code; and direct staff t continue negotiation of outstanding claims with Contract. [Report from Public Works Department] Volume 48 - Page 246 (W3I'TY OF NEWPORT BEACH`, COUNCIL MEMBERS ROLL C\MO\V\ July 25, 1994 INTERIM MASS -GRADING S STORM DRAIN RELOCATION UTILITIES YARD PHASE II SITE WORK (C-2979) - Authorize staff to approve change orders to Southern California Sandbags in an amount above 251 of the original contract award amount due to relocation of reservoir and modification to plans and specifications. [Report from Utilities 28. C$NERAL PLAN AMENDMENT 94-2: Report from Planning Department regarding: 8. General Plan Recreation and Open Sppace Element - Request to amend tha General Plan Recreation and pen Space Element to review and spare a comprehensive update of t a Element, which was adopted in 1 05. Note: Leiter received after agenda printed fr1qm Dr. Norman Von Harzen. 29. Regarding D ial of application of Edwin 0. Hendrick on to EXTEND AN EXISTING CURB OPENING AT 204 TOPAZ AVENUE, on Balboa Islan [Report from Public Works Departme t[ In view of the number f people in attendance regarding the Balboa B Club public hearing, motion was made by Ma r Turner to consider Agenda Item No. 30 at t s time. 30. Mayor Turner regarding prc being, AN ORDINANCE NEWPORT BEACH COMMUNITY DISTI DEVELOPMENT PLAN VC BAY CLUB AND AMEND DISTRICTING MAPS NO AS TO RECLASSIFY FROM THE R-4 DXS4 PLANNED COMMUNITY (: AND BEHOVING THE ; DESIGNATION FROM ' (PLANNING COMMISSION 787). the public hearing tDINANCE NO. 94-36, THE CITY OF [NO' PLANNED ULATIONS AND THE HAT OA PORTIONS OF 6 AND 23 SO CD PROPERTY :CT TO THE TRAFFIC STUDY NO. 100 - Re q st to approve a traffic study for the p posed expansion of the Balboa Bay Club; AND USE PERMIT NO. 3524 - Request to pe it the construction of buildings th t exceed the basic 26 foot height it property located in the proposed 26/3 Foot Height Limitation District. Report from Planning Department. The City Clerk advised that after the agenda was printed, seven additional letters were received in support of the Bay Club's proposal from the following: Volume 48 - Page 247 MINUTES Storm Draii Relocation C-2979 (38) GPA 94-2 (45) (65) Balboa Bay Club PCA 787 (94) FA 0 City Council Meeting July 25, 1994 Agenda Item No. oZ CITY OF NEWPORT BEACH TO: Mayor and Members of the City Council i FROM: Planning Department �* SUBJECT: A General Plan Amendment No. 94-1(B) Request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document. INITIATED BY: The City of Newport Beach I -INS] B. Traffic Study No. 94 Request to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. I:iJ) C. Use Permit No. 1527 (Amended) Request to amend a previously approved use permit which permitted the expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes: a use permit to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. WE D. Exception Permit No. 46 Request to allow the construction of a 40 foot high free standing, double-faced, animated identification/marquee sign for the Edwards' Big Newport Cinemas. TO: City Council - 2 LOCATION: Building and On -site Parking Sites: A portion of Parcel A of Parcel Map 25-1(Resubdivision No. 260); and all of Parcel 1 and a portion of Parcel 3 of Parcel Map 60.36 (Resubdivision No. 454) located at 300 Newport Center Drive, on the southeasterly side of Newport Center Drive between San Miguel Drive and Anacapa Drive, in Newport Center. Off -site parking Sites: Parcel 2 and a portion of Parcel 3 of Parcel Map 60-36 (Resubdivision No. 454), located at the rear of the theater complex and in Design Plaza. ZONE: APF-H APPLICANT: Edwards' Theaters Circuit, Inc., Newport Beach OWNER: Same as applicant Aoolication This application involves a request to amend a previously approved use permit which permitted the -expansion of the existing Edwards' Big Newport Cinemas located on property in the APF-H District. The amendment involves a request to construct a new building containing three theaters, administrative offices, and a total of 897 theater seats. The proposal also includes a request to allow portions of the proposed building to exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District; and request to permit an off -site parking arrangement for the additional required parking. The application also includes a request to amend the Land Use Element of the General Plan so as to allow the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas; and the acceptance of an environmental document; and to approve a traffic study for the addition of three theaters with a total of 897 seats to the Edwards' Big Newport Cinemas. The subject facility is located on property in the APF-H District in Newport Center. In accordance with Section 20.02.040 of the Newport Beach Municipal Code, the Planning Commission may approve structures in excess of the basic height limit in any zone, subject to the securing of a use permit in each case. Chapter 20.33 of the Municipal Code also provides that theaters are permitted in the APF District, subject to the securing of a use permit. Use permit procedures are set forth in Chapter, 20.80 of the Municipal Code; traffic study procedures are set forth in Chapter 15AO of the Municipal Code. The construction of any signs in excess of permitted height and which are animated are subject to securing the approval of an exception permit as outlined in Section 20.06.060 of the Newport Beach Municipal Code. Suggested Action If desired, schedule these items for public hearing on August 8, 1994. 4, 1 el TO: City Council - 3 Proposed Development The Land Use Element of the General Plan permits 2,050 theater seats in Block 300 in Newport Center (Statistical Area Ll). The existing three -theater complex currently maintains 1,989 seats, and so 61 additional theater seats could be added in Block 300 in the future. The applicant proposes to amend the Land Use Element of the General Plan so as to permit three additional theaters to be constructed in the adjoining Block 200 in Newport Center. Eight hundred and ninety seven (897) seats are proposed in the expanded facility, and so a total of.2,947 theater seats will be permitted in Blocks 200 and 300 of Newport Center if the City Council approves the applicant's request. The applicant is proposing to demolish the existing Good Earth Restaurant building and construct the three theater/auditorium facility in its place, on property located southwesterly of the existing theater complex. The proposed development will be connected to the existing Newport Cinema complex by means of an enclosed bridge structure at the upper level. The structure will contain three levels: an entry level (entering from the deck of the existing theater, since they will share the same ticket box), the lobby level which will be the entrance to the individual theaters and will maintain a considerable waiting area, and an office level which will house some corporate offices of the executives of the company. Each of the three new auditoriums will provide 299 seats. Portions of the theater complex exceed the 32 foot basic height limit in the 32/50 Foot Height Limitation District. However, the Commission made the finding that the increased building height would result in more public visual open space and views that is required by the basic height limit by the increased setback adjacent to Newport Center Drive than would be provided by a lower building covering a larger area of the site which would result in less open space and landscaped areas and would result in a less visually appealing development. Copies of the Planning staff report with attachments, an excerpt of the Planning Commission minutes and plans for the proposed project will be distributed to the Council prior to the public hearing. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By yi&y William R. Laycock, rent Planning Manager Attachment: Vicinity Map Planning Department 4.19.1994 0 • � Vicinity Map GPA NO. 94-1 (B) TRAFFIC STUDY NO. 94 USE PERMIT NO. 1527 (AMENDED) EXCEPTION PERMIT NO. 46 Musil Perkowitz Ruth, inc. Architecture Planning June 28, 1994 Mr. Javier "Jay" Garcia Senior Planner Planning Department City of Newport Beach EDWARDS BIG NEWPORT ADDITION Dear Jay, Principals: M. Lawrence Musil, AIA Simon Perkowitz, AIA, PE Steven J. Ruth, AIA Associates: Gary Clements Theodore Cray Kenneth P. Gunther Michael J. Leherman Branko Prebanda Kenneth W. Shouse Brian Wolfe Ted Yoshizaki Regarding the exception permit application for the new monument sign for the Big Newport Addition here is our response to points A and B: The proposed Marquee - Monument Sign will become a more eloquent celebration of entry that is the outcome of the functional need to double the movie titles from three to six in order to accommodate the new theaters. It will not be contrary to the purpose of the sign ordinance because its reason of existence was a functional one and it will be sensitive to concerns about views, traffic, visibility at the traffic stop, and appropriate scale. The sign is intended to become an important image and design statement that will enhance the project, give it a fresh new look and improve the character and ambiance of the immediate area as a whole. It will be extremely well detailed and will convey an upscale image. The current sign is nondescript ineffective and lackluster as to what the entry to a grand "Movie Palace" should be. Traffic visibility will not be impacted as the motorists exit the theater parking lot because the sign location will remain the same and the effective view corridor for on coming traffic from the left will not be impacted. The width of the sign at the base is in essence the same. 200 Newport Center Drive, Suite 308 Newport Beach, CA 92660 7141721.8904 Fax 7141721-8951 Long Beach, CA Sacramento, CA Wilsonville, OR Honolulu, HI C] Page 2 In terms of what it does to views of surrounding features there will be no obstruction of any features or building. On the other hand, motorists will receive more sufficient warning about where they are expected to turn into the parking lot and porte- cochere entry plaza. In terms of an appropriate scale relationship to the immediate context and size, the proposed sign is designed to be part of a group of special character enhancing features that are intended to upscale and reinforce a special sense of place in harmony with each other. The landmark Tower, Cupola, Porte-Cochere Canopy and special feature sign would create a collective vertical excitement and the visual effect of the whole is to be more than the sum of its parts. All these features will be connected to each other by a common language of materials, color, special lighting features and overall stylistic direction. The sign is meant to make an additional reference to Southern California Movie Palaces of the 20's and 30's but still fit into the current Newport Center image in the mid 1990's and beyond. Therefore, Edwards Theatres Circuit, Inc. maintains that there are indeed exceptional or extraordinary circumstances involved that pertain to the unique historical function and symbolism that traditionally has been associated to the design of signage to a "Movie Palace". These circumstances will also fit into the enhanced, renovated, fresh ambiance of this complex that is meant to be among the most high end theaters in the Country. An image that is not inappropriate to this prime entertainment "hub" of Newport Beach. Response to points C & D: Edwards Theatres Circuit, Inc. maintains that because of the importance of this major, extended movie theatre complex and in proportion to its size there will be a substantial need to have a significantly more prominent sign than the current one. This is a property right of this owner because of the extraordinary amount of new investment and facelift that will go into the extended complex. Recent developments and a positively more "open minded" approach to Newport Center and the retail signage in the Fashion Island project across the street, warrant equal consideration to be given to an upscale, festive entry statement that will also serve the functional purpose of being a movie directory and Marquee. Two prime examples are the festive 40' high "Hard Rock Cafe" guitar sign and the significantly improved, cutting edge designed, ambiance of all the signage at the Mall itself. Musil Perkowitz Ruth, inc. 0 • Page 3 We believe that it is our clients' property right to compete with the "newest and greatest" in the area in terms of signage, at a level of sophistication consumerate to the substantial level of new investment and fresh image infused into the theatres and its surroundings. After all the "Good Earth" restaurant has been an abandoned, derelict ghost for three years and the new sign will become the much needed icon of renaissance in the area. D. In terms of this sign proposal being a detriment to the area, in additional to most points in section C we would like to point out that this sign and the project it represents are part of the essential character of this upscale commercial area. Its subtly animated special lighting effects will not go beyond what the existing "guitar sign" across the street already does, but the overall massing will be significantly less outlandish! There is no residential development anywhere near this project and the scale of numerous mid -rise buildings and 80' high palms that run along Newport Center Drive will still in essence miniaturize the scale effect of this proposal. As a matter of fact we feel a strong pressure because of the consistent rhythm of high vertical elements along the drive, to make this effort in order to be noticed and we go to a considerable expense to do so in a festive but design sensitive manner. Sincerely, MUSIL PERKOWITZ RUTH, INC. Jkwol�_� Marios Savopoulos, AIA Design Manager Musil Perkowitz Ruth, inc. 0 • �r Edward& Theatre& Circuit., Inc. 300 Newport Center Drive. Newport Beach. California 92660 (714)640-4600 Lawrence H. Davidson. W. LaecuUve Vice Preaided & Ccncml Counsel FAX: 714-721-7170 VIA FEDERAL EXPRESS Mr. Javier "Jay" Garcia Senior Planner Planning Department CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92659-1768 June 29,1994 Re: Exception Permit No. 46 & Use Permit 1527 re 210 Newport Center Drive Dear Mr. Garcia: REFER TO FILE NO. 40764.673 Per your request, and upon instructions from Marios Savopoulos, our architect, we have prepared and enclosed the exception permit you wanted. Mr. Savopoulos informed me that he has "faxed" you the information his attached letter contains. Please call with any questions and immediately inform us about any problems you encounter. Very truly awrence H. Davidson Executive Vice President & General Counsel LHD:Ihd cc: James Edwards, Sr. W. James Edwards, III. Marios Savopoulos, AIA Enclosures 700406291RD NOTICE OF PUBLIC HEARING s Notice is hereby given that the nning Commission of the City of Noort Beach will hold a public hearing on the application of Edwards' Theaters Circuit, Inc. for General Plan Amendment No. 94- 1{B�, Traffic Study No 94, Use Permit No. 1527 (Amended), and Exception Permit No. 46 on property located at 210 Newport Center Drive. Newport Cinemas, additional required parking. NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the enviionment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 7th day of July 1994, at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Anne Gifford, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant.