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HomeMy WebLinkAbout21 - Breckenridge Group (John Gantes, Applicant) 5180 Birch StreetSEW POgr CITY OF NEWPORT BEACH Hearing Date., O� m COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT " - -- � Staff Person: 35o NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-30; FAX (949) 644 -5250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Breckenridge Group (John Gantes, applicant) 5180 Birch Street APPLICATIONS: AmendmentNo.876 Use Permit No. 3635 Traffic Study No. 166 August 10, 21 Patricia L. Temple (949) 644 -3200 As requested by the City Council, the City's Transportation and Development Services Manager and the consulting traffic engineer retained by the City for the project will be available at the meeting to respond to questions of the City Council. Additionally, a memo has been provided by the Public Works Department describing the methodology used for the parking analysis and the basis for their concurrence with its findings and recommendations. Parking for Restaurants During the public hearing on this proposal, the City Council questioned the adequacy of parking for this project, noting some properties where there is inadequate parking for the on -site food uses, particularly the small commercial center at MacArthur and Campus. As noted in the original staff report prepared for the City Council on this request, parking was also the key issue for the Planning Commission. Their concern was based on problems the City has experienced when food uses group in close proximity to each other. Historically, parking for restaurants has been required by the Municipal Code at ratios much higher than conventional retail or office uses. In recognition of the specific characteristics of various food uses, there were also different standards for conventional restaurants and take out restaurants. Through the Use Permit process, however, each establishment could be evaluated based upon its unique characteristics, with a specific parking standard defined, or waiver of parking spaces granted. In the early 1990's the City became interested in facilitating smaller food service facilities. As a result, the new category of "Specialty Food" service was established, including elimination of the Use Permit requirement and the ability to use the regular retail parking rate of one space for each 250 sq. ft. This allowed smaller restaurants to occupy regular retail space without providing additional parking. The center mentioned by the City Council at MacArthur and Campus was built as retail, and parked at the normal retail rate. Then the retail spaces were occupied with food service under the specialty food provisions of the Code. It is the problems which present themselves in this center which caused staff to revisit the small scale restaurant provisions during the Zoning Code update. After studying the operating characteristics of the many types of restaurant facilities in the City, staff developed the new categories for eating and drinking establishments contained in the Zoning Code today. This included the elimination of the specialty food use, and the creation of new provisions for "full service, small scale" establishments. In creating this new category, the City maintained approval at the staff level, but provided additional flexibility for staff to review the project and require a reasonable amount of parking. This is expected to minimize future problems in small commercial centers. In relation to the comparisons expressed by the City Council, it is fair to state that the ratio of parking for this project (1 space for each 59 sq.ft. plus 2 employee spaces) far exceeds the ratio of parking provided at MacArthur and Campus (I space for each 250 sq. ft.). Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICIA L. TEMPLE Planning Director 1. Attachment: Memo from Transportationand Development Services Manager Amendment No. 876 August 10, 1998 Page 2 MEMORANDUM July 31, 1998 TO: PLANNING DEPARTMENT FROM: TRANSPORTATION & DEVELOPMENT SERVICES MANAGER SUBJECT: BURGER KING /RESTAURANT PROJECT PARKING ANALYSIS A preliminary review of the parking for this site disclosed that there was inadequate room to provide parking per the Municipal Code. The site would have a Burger King as well as a separate building with two small -scale restaurants. The applicant proposed to undertake a parking study to determine if this project would actually need the Code required parking or if a lesser number of would be adequate. The Planning Director and I met with the City's traffic consultant for the project, Bob Kahn, and agreed upon the format to study similar fast food sites to determine an appropriate parking requirement for the Burger King portion of this project. Two nearby sites in Newport Beach and a Burger King in Santa Ana were selected to be studied. They were considered representative of locations with significant numbers of walk -in customers since the proposed Burger King is within walking distance of numerous office buildings and across the street from the court building. There was considerable variation in the observed parking demand per thousand square feet of fast food restaurant at the three study sites. The average eak rate was used for the proposed Burger King project. While it is about one -third less than the demand at the Taco Bell south of the site, it is about 50% greater than the demand at the Der Wienerschnitzel next door to the site. I believe it is reasonable to use the average rate because of the careful consideration in selecting the study sites and the proximity of the proposed Burger King to the court building and other office buildings should result in a very high ratio of walk -in customers. Another factor that was considered is the concentration of fast food uses in this area including another Burger King at the corner of Bristol Street and Birch Street. The proposed Burger King will be sharing the customer base with the other fast food restaurants. Lei e�PO CITY OF NEWPORT BEACH Hearing Date: July 27, 1998 � yr Co%ii\ium rY AND ECONOMIC DEVELOPMENT Agenda Item No.: 19 G�= PLANNING DEPARTMENT Staff Person: Marc Myers 4 3300 NEWPORT BOULEVARD COUNCIL AGENDA (949) 644 -3210 NEWPORT BEACI 1, CA 92658 NO. ti 21 8/ L 8/ i/ 10/98 (919) 643.3200; FAX (919) 641.3250 REPORT TO THE MAYOR AND CITY COUNCIL PROPOSAL: Breckenridge Group (John Gantes, applicant) 5180 Birch Street PURPOSE: The proposed project consists of the demolition of an existing 7,500 sq. ft. casual dining restaurant and the construction of two new restaurant buildings. One building will be a 2,531 sq. ft., 80 -seat Burger King Restaurant with drive - through service. The second structure will be a 2,510 sq. ft. building divided into two lease spaces for two, full - service small -scale restaurants that will occupy approximately 1,255 sq. ft. each. The project involves the approval of: • an amendment to the Koll Center Planned Community Development Regulations to allow additional restaurant uses in Office Site "G" (the current limit of two restaurants will be increased to three restaurant sites), and to permit eating and drinking establishments throughout the Koll Center Planned Community as per Title 20 of the Municipal Code. This hearing also includes consideration of an appeal of the decision of the Planning Commission's approval of the following related applications: • A use permit for the establishment of a take -out restaurant use as specified in the Koll Center Planned Community Text with a waiver of a portion of the required parking spaces, and • the approval of a Traffic and Parking Demand Study. ACTION: 1. Conduct public hearing; Y AND 2. Sustain the recommendation and actions of the Planning Commission: a) Introduce Ordinance No. 98 -_, amending Koll Center Newport Planned Community, and pass to second reading on August 10, 1998; and b) Approve. Use Permit No. 3635 and Traffic Study No. 116, including an override of the provisions of the Traffic Phasing LEGAL DESCRIPTION ZONE: OWNER: Citv Council Action Ordinance (4l51hs majority required), subject to the Findings and Conditions set forth in Exhibit "A." •• 3. Deny Amendment No. 876, Use Permit No 3635 and Traffic Study No. 116 with the Findings set forth in Exhibit `B." Parcel 3, Map Book 198, Pages 27 and 28 P.C. (Koll Center Planned Community) Timothy L. Strader, Newport Beach The project requires City approval of an amendment to the Koll Center Planned Community text, a Use Permit and a Traffic Study. The amendment requires City Council action since it is a legislative act. However, the Planning Commission's actions on the Use Permit and Traffic Study, including an override of the provisions of the Traffic Phasing Ordinance, do not require consideration by the City Council unless they are appealed or called up for review. On July 22, 1998, Mr. Thomas Wooldridge filed an appeal of the Planning Commission's decision on the Use Permit and Traffic Study. Four areas of concern are discussed in the appeal letter, including the amendment to increase the allowable number of restaurant sites, the parking waiver, waiving the traffic mitigation requirements and the nature of the proposed site plan. They feel that the applicant is overburdening the property by putting two restaurant sites on one lot. The correspondence is attached for the Council's review. Summary of the Planning Commission Action The Planning Commission held a public hearing on the applicationon July 9, 1998, at which time it voted unanimously to recommend approval of the amendment to the City Council. An excerpt of the draft minutes of the Planning Commission, and a copy of the staff report prepared for their consideration are attached for the information of the City Council. The two most significant issues in this case, waiver of off - street parking and the override of the Traffic Phasing Ordinance, are discussed in detail in this report. In making its decision, the Planning Commission took into consideration a number of key features of the application, as follows: • The waiver of required parking spaces, • The number of spaces provided for stacking in the drive- through lane, Amendment No. 876 Page 2 • The overall on -site vehicular circulation, and • The override of the TPO. The Planning Commission voiced concern about convenience food uses congregating in close proximity to one another, availability and usability of parking, and on -site circulation. In taking its action, it was the opinion of the Planning Commission that the nature of the new restaurants, when combined with the specific conditions of approval and based on the findings of the Traffic and Parking Demand Study, would result in a reduced parking demand and would not have a significant impact on the area. This was due to the following factors: 1. The Traffic and Parking Demand Study was prepared by professional Traffic Engineers in the industry by a firm contracted through the city. Based on the information and analysis presented in that study, the City Traffic Engineer concluded that site access, on -site circulation and parking as proposed are adequate for the site. 2. Since additional stacking space for vehicles can be accommodated in the parking lot preceding the entrance to the drive - through lane, the proposal met the City's minimum standard requirements. 3. The Planning Commission suggested that the applicant re- evaluate the on -site circulation of the proposed project for a means to provide more desirable vehicle drive - through stacking configuration acceptable to the City Traffic Engineer. 4. The Planning Commission did not voice concern regarding the override considerations of the Traffic Phasing Ordinance because the actual traffic increase generated by the project is low, and the analysis in the staff report showed how consistency with the spirit and intent of the TPO could be found. The Planning Commission was aware, based both upon testimony from the public and individual experience with parking in the area, that there is a circulation problem on this site. They felt that through approval of this application a measurable improvement could be made, while recognizing that the on -site circulation could be further improved with help from the City Traffic Engineer. Waiver of Off - Street Parking Since the required number of parking spaces could not be provided on -site for the proposed restaurant uses, a parking demand study was prepared to determine the parking demand consistent with other fast food take -out restaurants in the area. The applicant is requesting a waiver of 15 parking spaces. Chapter 20.66.10 states that a use permit may be approved by the Planning Commission, or the City Council on appeal or call for review, to modify or waive the number of off - street parking spaces required by the terms of this chapter if one or more of the following conditions are met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirementsfor such uses do not occur simultaneously. Amendment No. 876 Page 3 I . 1 parking management plan for the site has been approved by the Planning Connnissiora pursuant to Section 20.66.100 (B). 4. Tlne Plamiiiig Commission or City Council makes the follotivingfindings: a) The parking demand ivill be less than the requirement in Section 20.66.030. b) The probable long -term occupancy of the building or structure, based on its design, tivill not generate additional parking demand. It is possible to make finding number 4(a) in this case. Page 3 of the Parking Demand Study, located in Appendix D of the traffic study attached to the Planning Commission staff report, presents a comparison of parking requirements in accordance with Title 20 of the Municipal Code (utilizing a standard requirement of I parking space for each 50 sq.ft. of gross floor area, plus one space for each peak time employee for a fast -food restaurant) to the actual parking demand based on field measurement of similar uses in the area. The parking demand study indicates that one parking space for each 59 sq.ft. of gross floor area plus two spaces would be adequate for the subject restaurant, due to the amount of walk -in patrons expected from the neighboring office uses and Newport Harbor Municipal Court. Additionally, storage for at least 7 vehicles in the drive - through lane is provided to insure adequate drive - through lane capacity for queuing to insure that all on -site parking spaces can be accessed freely. The Planning Commission did consider whether the addition of more convenience food uses could change the overall parking demand for the area, calling into question the conclusions of the parking analysis. Their discussion was based on the practical experience the City has had in shopping centers with a high number of convenience food businesses (Back Bay Court, Westcliff Plaza, Harbor View Center). These shopping areas have had parking problems, particularly when food uses congregate in close proximity to one another. It is possible that these groupings result in an expansion of the market area beyond that of a more limited number of food service facilities. Should the City Council determine to overrule the Planning Commission's waiver and use the established parking requirements for take -out restaurants at 1 parking space for each 50 sq.ft. of gross floor area, plus one space for each peak employee, then the requirement would be 78 parking spaces and the applicant would be required to redesign the project to comply with these standards. A redesign of this nature is likely to result in a reduction in the square footage of the project. Traffic Study A traffic study was prepared to analyze the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15 of the Municipal Code and Council Policy L- 18. The City Traffic Engineer identified five intersections which could be affected by the proposed project. Each of those intersections are identified on page 22 and on Exhibit A of the traffic study attached to the Planning Commission staff report. The traffic study indicates that the proposed project will have an impact on the level of service at the following two intersections: Jamboree Road at Campus Drive and MacArthur Boulevard at Jamboree Road. The project increases the AM peak hour ICU value from .92 to .93 and from .94 to .95, respectively. However, the following Amendment No. 876 Page 4 improvements (shown on Table 9), will reduce the ICU value to less than 0.90 and mitigate the project impacts. For the intersection of Jamboree Road at Campus Drive, the existing westbound lane configuration should be re- striped to include one left turn lane and one shared through and left turn lane, one through lane and one right turn lane. For the intersection of MacArthur Boulevard at Jamboree Road, an additional northbound right turn lane on MacArthur Boulevard should be provided. The re- striping improvement at Jamboree Road and Campus Drive is a fairly small requirement from a cost point of view. It is, therefore, an appropriate condition to attach to this project approval. The improvement identified at MacArthur Boulevard and Jamboree Road, however, is a widening project of substantial cost and complexity. As a result, the analysis was presented to the Planning Commission in relation to recent court decisions regarding the imposition of conditions whose costs are not "roughly proportional" to the project's impact, as well as from the typical Traffic Phasing Ordinance methodology. Rough Proportionality The improvement identified at MacArthur Boulevard and Jamboree Road has not yet been designed and the actual cost of construction has not been estimated. The City's Traffic Engineer has, however, indicated that the improvement is substantial in nature, requiring the acquisition of right -of -way and the widening of a street. Since the project under consideration only contributes 2 trips to the critical movement which already has 376 (less than .5 % of the total), which causes the ICU to increase from .94 to .95, burdening this project with the full cost of this improvement could be considered not roughly proportional to the project's traffic impacts. Should the City approve the project with the improvement requirement, it is possible that the applicant would challenge the legality of the condition, and perhaps call into question the validity of the Traffic Phasing Ordinance generally. Traffic Phasing Ordinance Provisions The basic standard for approval of a project pursuant to the Traffic Phasing Ordinance (TPO) is summarized below: 1. The project will neither cause nor make worse an unsatisfactory level of service on any "major, " "primary-modified" or "primary" street; or 2. The project is required to construct major improvements to the circulation system such that: • An unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement; and • The benefits to traffic circulation resulting from the major improvements substantially outweigh the increased traffic congestion at impacted, but unimproved intersections; and • There is an overall reduction in intersection capacity utilization at impacted intersections, taking into account peak hour traffic volumes at those intersections, because of improvements required of the project. Amendment No. 876 Page 5 In order to comply with this standard contained in the TPO, the improvements identified in the traffic study must be made conditions of approval, because they are feasible. The TPO does provide for relief from the requirement to make a feasible improvement identified in the traffic study if certain findings can be made, as follows: 1. The time and money to complete the improvement is so clearly disproportional to the size of and traffic generated by, the project that it would be unreasonable for the City to condition the project on completion of the improvement; and 2. There is a strong likelihood construction of the improvement will commence within 18 months from the date of project approval. This finding cannot be made unless the following has been accomplished.- • Conceptual plans have been prepared in sufficient detail to permit preparation of cost and funding estimates, • Cost and f:tnding estimates have been prepared, • The improvement is consistent with the General Plan, • An account has been established by the City to receive contributions to the project, and 3. Approval of the project is conditioned upon the payment of a fee to fund the project the amount of which is determined by the Traffic Engineer to be proportional to the project's traffic when compared to other traffic anticipated from other development which will occur from the date of approval to completion of the improvement, and 4. The financial contribution outweighs the project's temporary impact on the unimproved intersection. In this case, staff is of the opinion that findings 1, 3 and 4 can be made, since the cost of the improvement is considered by the Traffic Engineer to be clearly disproportional to the project's impact, a proportional fee could be established, and the project's contribution to the overall function of the intersection is relatively small. However, finding 2 cannot be made at this time, because improvement plans, cost and funding estimates and establishment of an account to receive funds have not been completed. Therefore, this project does not qualify for approval pursuant to these findings, and could only be approved by 4 /5ths of the members of the Planning Commission eligible to vote (6 affirmative votes). Due to the appeal of the decision of the Planning Commission in regards to the traffic study, the City Council must also achieve a 4 /5ths majority for the traffic study to be approved. The project received the required majority to override the TPO from the Planning Commission. There were two reasons for their action. First, there were facts present which provided sufficient rationale for approval, consistent with the intent and spirit of finding 2. Growth Management Area 8 (GMA -8), of which the City is a member pursuant to the County's Congestion Management Program, has initiated study of improvements to the intersection of MacArthur Boulevard and Jamboree Road. The Newport Beach Traffic Engineer has been authorized to Amendment No. 876 Page 6 retain a consultant to design and provide cost estimates for improvements which will satisfy the TPO requirement for this project. It is also the opinion of the Traffic Engineer that it is highly likely that the improvements can be accomplished within a 48 month time frame. So, while strict compliance with finding 2 above could not be found, an exception to the TPO was found justified by the Planning Commission in this case since compliance was more a matter timing related to the design of the improvements, rather than an inability to complete the improvement within the necessary 48 month time frame. The second reason for the override was the small amount of traffic generated by the project to the critical movement which triggered the ICU increase at the intersection, resulting in the improvement requirement. Submitted by: Prepared by: SHARONZ. WOOD MARC W. MYERS Assis nt City Manager Associate Planner Attachments: Appeal with attached correspondence Letter from Legacy Company in response to letter of appeal Draft Ordinance Exhibit "A" - Findings and Conditions of Approval Exhibit "B" - Findings for Denial Excerpt of draft Planning Commission meeting minutes dated July 9, 1998 Planning Commission Staff Report Letters of opposition received by the Planning Commission Site plan, floor plans and elevations F:\users\pin\shared\lcitycnl\1998\0727\A876rpt Amendment No. 876 Page 7 ❑J_ -1 CITY OF NEWPORT BEACH Application No. Name of Appellant or person filing- Address: Date of Planning Commission decision: A 19 qg n ., Regarding application of: IMA for (Description of application filed with Planning Commission) AM ¢.+am pA+ 1'D .O 1 I C evt�FY of Reasons for Appeal: //0Tv� Date u ,z i / /gw Si a ure of Appel ant _ CITY CLERK Date Appeal filed and Administrative Fee received: --.19 T_ Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the tiling of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.050) cc: Appellant Planning (Furnish one set of mailing labels for mailing) File r.DC °ALS Municipal Code Sec. 20.95.0403 Appeal Fee: 5399 pursuant to Resolution No. 97 -17 adopted on 2 -10 -97 (Deposit funds with Cashier in Account- #2700 -5000) �S Results from the Burger King on Main and Harvard in Irvine: Number of 6 (11:00) employees Number of 38 total (2 handicapped) parking spaces 11:00 11:30 12:00 12:30 1:00 Number of cars 13 17 36 36 34 in parking lot Number of cars 2 2 10 13 8 in drive -tbru Additional Notes: • Cars were parking at nearby establishments because there Nvere not any spaces left in Burger King's parking lot. Notes From / The Field dGVVB On July 8th two local Burger King restaurants were visited in order to establish the lunch time traffic at a typical Burger King restaurant in the Newport Beach area. The following are the results compiled by Doug Koegeboehn, Jason Gibbs, and Chris Caulfield. If you have any questions, feel free to contact us at (714) 86� -0404. Results from the Burger King ou Bristol and Birch in Newport Beach !Number of employees Number of parkiiig spaces Number of cars iur parking lot Number of cars in drive -thru Additional Notes: 8 (11:00) 23 total (2 handicapped) 11:00 11:15 11:30 11:45 12:00 12:15 12:30 12:45 1:00 9 12 19 21 23 22 21 22 20 3 2 5 9 5 9 3 5 9 • At times there were not enough spaces. Therefore, people pulled alongside curbs. • An employee cam@ outside to assist the drive -thru line by taking orders. He came out at 11:35 and was still there when I left at 1:00. • Many cars entered and left because there .was no parking. 20 Eseeutioe Park- Suits 200. )mine, California 92714 (714) 863 -0404 FAX (714) 863 -0933 I� July 17, 1998 Page 6 to the Burger King. Due to the nearby office buildings, substantial walk in traffic will be present on the site. Based upon national sales averages, Burger King will capture the majority of these customers. These walk in customers will be competing with the increased traffic from both the Burger King and the new restaurants. Because the Burger King is located in the corner of the lot, all traffic entering on the Jamboree curb cut destined for Burger King must drive the length of the lot to reach the drive thru, across the access paths of pedestrian traffic. 17 of the proposed 63 parking spaces are located adjacent to the Birch alley. The use of these spaces will require crossing the Birch street alley to enter and leave the parking spaces, creating further congestion.. CONCLUSION This project is a case of attempting to put "too much on too little ". Either of the restaurant buildings could be located on the property and provide adequate parking and site traffic control. Limiting this development to one restaurant may eliminate the need for waiving parking requirements, waiving mitigation requirements and amending 20 year old agreements. To be sure, two restaurant buildings is to the financial benefit of the property owner, but to the detriment of the adjacent owners, tenants and their customers. We respectfully request that this project as presently proposed by denied. Galardi Group, Inc. James D. Caul f Ovice Presiden cc: Thomas Wooldridge Chuck Horning Nelson Mamey (owner of the Birch Street Property) Tim Strader t� 1� July 17, 1998 Page 5 Wienerschnitzel restaurant. Northbound Jamboree use this curb cut after a U turn at the traffic signal at Jamboree and Birch. Given the volume of traffic on Jamboree vs. Birch, it should be apparent that most traffic will use the Jamboree curb cut. There is no deceleration lane on Jamboree to access this cut (there is such a lane at the Jamboree access to the Taco Bell), and the three parcels are screened from the street by a substantial landscape berm. Furthermore, traffic destined for the Newport Federal Property south of the curb cut must make an immediate left turn to enter the office building parking lot. The addition of hundreds of cars per day to this curb cut to visit the Burger King and the proposed two new restaurants will pose a severe hazard to the existing uses. Further those cars leaving the three parcels for southbound travel on Jamboree must also exit from this curb cut. Those who desire to leave for northbound travel on Jamboree will likely exit the Birch street alley. At that point they will converge with the Burger King drive -thru traffic, as they exit the drive -thru lane, and any traffic entering the sites from eastbound Birch. The Birch street alley access, although used less, will experience similar congestion. The traffic exiting the property will compete with the drive -thru traffic exiting the lane, the traffic entering the property from Birch, and the cars attempting to park in the spaces behind the Burger King restaurant which back up into the alley. Due to reciprocal easements, this access point can also be used by Wienerschnitzel and the office building customers. It would thus appear that both ingress /egress points are going to be substantially congested by this project. The proposed project is not creating this access situation. However, the combination of a restaurant which is a part of one of the highest volume and largest fast food chains in the world and a separate building with two restaurants and 50 seats will create an intolerable situation. B. On Site Traffic Circulation The proposed drive -thru lane will stack 7 cars. The study done of nearby Burger King restaurants shows a peak need for 9 to 13 car stacking. Assuming that this Burger King is successful (the Burger King national sales average is 20% higher than Taco Bell and the nearby Taco Bell has 60 peak cars in the lot at lunch), there is insufficient stacking and cars will spill out into the lot. The result will be blocked or inaccessible parking in the spaces next to the drive thru and blocked traffic circulation in the parking area next 13 July 17, 1998 Page 4 (hopefully to the Wienerschnitzel!). The additional restaurant building will have two different restaurants using 50 total seats. 18 spaces are required and provided for this building. The Staff Report suggests a possible coffee & bagel use - Starbucks & Brueggers ?? Each of these chains also has substantial sales (customers) who can't use the drive thru, so they will compete with the Burger King customers for parking. Is there a solution? The site is adequate in size to accommodate a Burger King and its anticipated traffic but not TWO RESTAURANT SITES with three different restaurants. 3. TRAFFIC STUDY The city selected RKJK & Associates to prepare a Traffic Phasing Ordinance Analysis study for this project. The report is dated May 12. This same firm was previously selected by the Applicant to conduct a Trip Generation Study ( report dated February 23) and the parking study discussed above (report dated April 20.). The TPO report prepared for the City recommended mitigation which included adding a turn lane at MacArthur. Due to the cost of this improvement, a waiver was proposed which must be approved by six of the Planning Commission members. Most of the planning commission stated at the hearing that they had "no problem with the TPO ". But the facts according to the TPO Analysis is that a current level of unacceptable traffic will be further worsened by this project. Again, since all of the expert reports were prepared by applicants Engineering firm and presumably based upon their parking studies of the Santa Ana Burger King and "previous studies" the assumptions in the traffic analysis may be inappropriate to the Burger King at this location. 4. SITE PLAN It is difficult to understand the conclusion of Applicants Engineering firm and the city staff that the site design is satisfactory. Each of the following areas pose significant issues with respect to the existing uses and safety of customers: A. Ingress /Egress There are two access points to the three parcels fronting Jamboree: i. An alleyway accessible only from eastbound Birch street traffic; and ii. A curb cut on southbound Jamboree directly in front of the r t l� July 17, 1998 Page 3 adjacent Wienerschnitzel facility, the Taco Bell just south of the property and a Burger King located in Santa Ana. The study reviewed the number of spaces used in each restaurant during the three hour lunch period during three days of the week prior to Easter. The average parking demand per 1,000 square foot of restaurant was computed for each restaurant. These averages were then averaged and this ratio applied to the proposed Burger King. This average of an average resulted in a conclusion that 45 spaces would be sufficient parking. The report also recommended that the drive thru lane accommodate 7 cars, based upon the firms "previous studies ". The "previous studies" of the firm is contrary to the actual number of cars stacking in the two nearby Burger Kings surveyed. As discussed below, this survey showed 9 to 13 cars in the drive thru lanes. In comparing parking requirements, usage, etc between competing fast food chains it is important to understand the typical sales for each concept. In the June 22, 1998 issue of Nations Restaurant News, a trade publication, the top 100 chains in America are listed. Among the sandwich chains Burger King has a 16% market share of the top 100 market, second to McDonalds with a 35% share. Taco Bell is third at 9.5 %. The average sales per unit for Burger King is $1,100,000 per year, Taco Bell is $972,000. Wienerschnitzel is not in the top 100 chains (Wienerschnitzel total restaurants - 293, Burger King - 7,400, Taco Bell - 6,700) but has a sales average of $510,000 per year. On July 8, 1 caused a parking study to be made of the Burger King restaurants located on Bristol and Birch in Newport Beach and Main and Harvard in Irvine. Attached is a copy of this study. These Burger Kings present a very different picture from the Santa Ana Burger King on which the applicant's parking and traffic study are based. The parking lots were full, drive thru lanes were overflowing (9 cars and 13 cars at times) and customers leaving or using adjacent parking. The nearby Taco Bell (which on average does 20% LESS in sales per unit than Burger King) had a 62 car peak on their lot. The Wienerschnitzel had a 34 car peak in its lot (its average sales are HALF of Burger Kings). To conclude that 45 spaces is sufficient for the Burger King does not appear to be supported by industry statistics or local experience. The Staff Report states that to waive the code parking requirements the Planning Commission must find the "The parking demand will be less than the requirement in Section 20.66.030 ". On the basis stated above, we submit that such a finding cannot be made. If there is insufficient parking for the Burger King what will happen? Most likely, those customers will use adjacent parking (Wienerschnitzel /office buildings), use the drive thru (in this site plan - thereby blocking the limited parking spaces available) or leave Galardi Group July 17, 1998 City of Newport Beach Members of the City Council 3300 Newport Boulevard Newport Beach, CA 92658 Re: 5180 Birch Street Project Dear City Council: Ow CiX L HAMBURGER 0 STAND RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM JUL 17 1998 PM 71819110111112111213141816 I am an officer of Galardi Group, Inc., the franchisor of the Wienerschnitzel restaurant chain. Galardi Group leases the real property and improvements located at 4501 Jamboree from Thomas Wooldridge,the owner of the property (the "Wienerschnitzel Property "). The Jamboree Wienerschnitzel was built in 1978 at the same time that Galardi Group relocated its corporate headquarters to Newport Beach in the Koll Center Newport Office park. We occupy the same office space today. On July 1, we were advised by Mr. Wooldridge that on that day he had received a notice of a hearing before the Planning Commission on July 9 regarding the referenced project (the 'Burger King Property "). I personally obtained a copy of the staff report on the project after the fourth of July weekend. As you know this report is 124 pages in length and includes parking and traffic studies. These reports are dated as early as February, so it is obvious that this project has be in the planning stage for many months. I discussed this matter with Mr. Wooldridge and Chuck Horning, President of Newport Federal, the owner of the office building on the parcel south of the Wienerschnitzel Property (the "Newport Federal Property "). They each submitted written requests to the Planning Commission for a continuance of the hearing to allow time to review the reports, etc. and stated that they were opposed to the project based upon the information they had. At the Planning Commission hearing, I again requested a continuance, but the matter was considered and approved. I have submitted the Staff Report to outside experts for review and comment. I will not have their responses by Friday, July 17, to submit with this letter, but will submit any N 4440 VON KARMAN AVE. SUITE 9222. NEWPORT BEACH. CALIFORNIA 92660 -PHONE (714) 752.5800 FAX (714) 851 2615 July 17, 1998 Page 2 additional comments when received. Subject to further information as stated, our objections to the project are in four areas: 1. Amending the Development Agreement to increase the allowed number of restaurant sites on the Burger King Property from one to two. Waiving 20% of the Code Required parking. Waiving the required traffic mitigation requirements. 4. The proposed site plan. DEVELOPMENT AGREEMENT The Development Agreement approved by the city in 1972 provided for one restaurant on each of two parcels included in the total site. The total site included the Newport Federal Property, the Wienerschnitzel Property, the Burger King Property and another office building, which fronts on Birch street and is located behind the Burger King Property (the "Birch Property "). In 1978 CC &R's were recorded affecting all four parcels which limited the restaurants to two, consistent with the Development Agreement. In order to amend the CC &R's, 75% of the owners must consent. Based upon the letters from Newport Federal and Mr. Wooldridge, this requirement cannot be met. At the Planning Commission hearing, a commissioner stated that this was a matter between the parties. Assuming that is correct, it begs the question - should two restaurant buildings be allowed on a site where only one is now located? The owners of two of the three adjacent parcels directly affected by this amendment are opposed. The owner of the Birch Property has not yet taken a position, but that parcel will not suffer the same traffic burden as the other two parcels. As discussed later in this letter, many of the problems in the proposed development flow from locating two buildings (from which three separate restaurants will operate) on a site a little larger than an acre. 2. PARKING WAIVER The proposed development requires 78 parking spaces under the current city code, but only provides 63. The applicant commissioned a parking study which included the A 10 Jul -20 -98 02:50P Westmont The -,;egacy Company July 20, ! 998 City of Newport Beach :Vleroher of the City Council 3300 Newpnrt Boulevard Newport Beach, California 92958 Dear City Council: As the ow•rer cf 5180 Binh Street, I am writing in cppesition to the letter of the Ualardi Group dated July 17, 1998, I have met wish represuntativcs of both adjacent office buildings and they do not nppose our application. The real problem with the Galardi Group project is in their intensive of a small site Enclosed is the staff report from the Newport Beach Planning C.ommissiun dated February 10, 1983 in which the Galardi Gruup asked for and received a parking waiver of 29 spaces based upon their awn parking survey. Any problem with their site is a direct result of the parking waiver given to the Galardi Group. Thu Planning Cnnunission approved this project unanimously and we request your approval of this project, The staff report containing the traffic and parking studies support such a conclusion. '1'LS:car Enclosure cc: lames D. Caulfield Thomas Wooldridge Chuck Horning Nelson Mamey Very truly yours, 1 Timo6y 'trader P.02 840 Nev.00rt Center Drive. Suite 420. Newport Beach. CA 92660 • (714) 719.6365 • Fax (714) 719 -6366 .;u1 -20 -9B 02:50P Westmont P.03 4 t.;�,r ltl V' ♦ y1r ,rf� } .,t > ♦r. )�. ]� �•�� a n r �. t, r.fv: � }lyl. -rrj II , i r .r ♦ , ^ ?, T! -S' A�', �jE, f7y�"�lylr ��l l�, PSannln Corm•Suion N 4 ♦!'r 'n� } "y /�• ^r•���• 9 oelSnq TeDruary 1Oj 1987 � �rF '�♦ ti ?+ �ha Agenda •imam Ro:' k °w CITY or NEWPORT BRACR ♦ , 9'O,' - Planning COMiaelon •''Planning Department ..,' S'8.7LC"1 Die Permit No. 1191 (Amended) (Public Hearing)'. .� .. Raquast- to' amend a previously ' approved Use permit, Mich •' r' '� -.i r al owed.'• the establ /ehmnnt of, a :''take -out >rood }` r - - eetablislmlent (Dar wlanenehnttzol) in the Xoll Center ';I Newport Planned Ce, nity. The proposed amendment I. Via" to allow the addition of an outdoor eating area to the exlatir.q restaurant and a request to Valve a portion' of r';' -•.�; �• Ue'' required off- street, parking.:Vepaces. for said a" nalon. 'a LOCATION, Parcel 2 of Paroel flap No. 106 -27 (Re iuDdivlelon ho, located at 4501 Jamboree .Road, on the ;' ".! 'north"Bterly side of 7ar�borge Road, ,betvaen Birch S1`•( - Street and macArthur Boulevard,', in the Ko11. Center i Newport Planned Community. J r ` APPLICANT,` .;Der Nisnerschnitsel, Incorporated; Newport Deach�� OWNER, The Kell Company, Newport Beach 41 \:' ...:� Application • 'e This is a request to amend a revlouel a �N P Y approved We Perml! which permitted the eetabliahoant of a Der Wienerachnitrel take -out food restaurant in the Koll Center Newport Planned Community. ' This Amntisant requests appro•.at of the addition of a new outdoor eating area to the existing facility and a request to Valve a portion or the required off - street parking spaces. In accordance with Section `r II, Permitted Uses, Crot:p I­ D., 4 of the Kell Center Planned Comwunity Development Standards, a restaurant facility is permitted in -, 'Office ate C', aublact to the securing or ■ use permit. U49 remit A procedures are outitned in Chapter 20.60 of the Newport Desch municipal Code.. - l;iti 1;,'.' v(, �i. �,iy�(TOnwenl�41��14++1fieance � ' . MAO rI ,�ltl1'i `r'o aiet �4 been, rwlswd and !t ham been ldatermined 'to be n °V- Lego 77ek�wpe {uhdsr' el ass L'aExistlnq..Tacilltles), frow.'the.., A,. e4ulrwente O�lthe C9lifolmis LnY1r0Mauntallausllev Ae[ ?11Y W Jul -20 -98 02:51P Westmont eI7a 'Der wienerschnitzel' take -out restaurant, related dr!va- through lens and parking are located cn the property. To the north, is Raxter-s Restaurant and related parking &real to the &date across Jamboree Road is a perticn of the Vniveraity of California, :Nine, • pmpertyl and to the south and west are commercial office and industrial moon and related parking areas.•4 At its mating of July 15, 1976, . the planning Cotmiselon'approved Use remit No, 1797, a request to establish the Dar Mlenerochnitzel - take-out and- driva- through restaufant on the subject ptoperty, The finding% made and conditions of approval lrpoeed in ennjunction with granting this rec•sest are set forth in the attached excerpt frm the Y}j U� minutes of the V ar.nlnq Comisslon maatiTq of July 15, 1976. JJ /•. 4'1.6: '. ... •.. ��•' The existing Der wlsnerschnittal facility contains epprOxlmately i,145'- 1; F�'. sq.ft. of groaa floor area with a 670z sq•ft. interior dining roam, serving and kit ^,hen areas, an oC! lee , and reeeroerna. .The applicant 14 Conformance wit'I the Ceneral Plan 4 "The Land,' U40 Lleaent of the General Plan designates the site for .• • .'Administrative, Profesalonal, and financial Commerciale and 'Retail cf the proposed addition. No Increase in the maximum number of eight ar.d Service Com reiale uses. The sub;ect restaurant conforms with • the used permitted, - Drive In and Outdoor Restaurant Raqulrenent• • ••3Uhject Property and Surrounding Land lee .. Municipal Code was adopted in 1967 by the city In order to give the eI7a 'Der wienerschnitzel' take -out restaurant, related dr!va- through lens and parking are located cn the property. To the north, is Raxter-s Restaurant and related parking &real to the &date across Jamboree Road is a perticn of the Vniveraity of California, :Nine, • pmpertyl and to the south and west are commercial office and industrial moon and related parking areas.•4 At its mating of July 15, 1976, . the planning Cotmiselon'approved Use remit No, 1797, a request to establish the Dar Mlenerochnitzel - take-out and- driva- through restaufant on the subject ptoperty, The finding% made and conditions of approval lrpoeed in ennjunction with granting this rec•sest are set forth in the attached excerpt frm the Y}j U� minutes of the V ar.nlnq Comisslon maatiTq of July 15, 1976. JJ /•. 4'1.6: '. ... •.. ��•' The existing Der wlsnerschnittal facility contains epprOxlmately i,145'- 1; F�'. sq.ft. of groaa floor area with a 670z sq•ft. interior dining roam, serving and kit ^,hen areas, an oC! lee , and reeeroerna. .The applicant 14 proposing* to add approximately 8504 sq. ft. of exterior dining areas .to the restaurant, including that area where there are currently four" small tables and bAnches. Thers will be no other changes in any of .• the Currant operational characteristics of the restaurant as a ra Cult' cf the proposed addition. No Increase in the maximum number of eight employaea is anticipated during the pesk hours, which are from S1,C0 S.Z. to 2100 P.M. Drive In and Outdoor Restaurant Raqulrenent• Chapter 70.77, Drive In and Outdoor RaetAursnta, of the Newport peach .. Municipal Code was adopted in 1967 by the city In order to give the Planning Comnlaslon the opportunity to review any proposed 'cake -oVt' restaurant through the use remit procedure. Development standards are included In Chapter 70,77 to ensure that any proposed davelopmant " would be aesthetically cpapatlble to adjoining properties And streets. Said davolopmnt standards include specific requirements for building setback%, parking and trafflC circulation, walla- surrounding the t4ke•out rostamrknt site, landscaping, p q, ax ce rSoc it lum Snation, signing, underground utilities, &ad storage. .' "20.72.110 �. i section of the Municipal Coda states that the planning 1 ; .;Cavaioslon shall have the right to waive or rodify any of the above • .' �l' "(7. .• ; swntionad •devolopmant standards -toe, etakerout•. rastauran:s if such •`� m„ �1;��; �;'�, (,- Modification or walvoi'Will. achieve substantlally.,the mom results ands:;, :J•S; k��-� �, h, aA:: isiil) :in_ :no•.voy,be "detrlaantal;ta• adjacent: properties or 'lmprovamanta!'.h ?Iri e 'i� jul -20 -98 02:52P Westmont 'At ,the•' -tine ate yarn! No,' 1797 -was approved by�.Ne planning ,�,• . Commission, -it was detained that the waiver of the development .. .''standards pertaining to we., a, and portions of the parking and ■i9ninq -' requlrener.ta would not be detrimental to adjoining properties. Staff is of the opinion that the proposed addition will compliment the other ccmercial used on the adjcininq proportion, end ham no objection to waiving aportion of the required parking specs• in conjunction with this request. AeTaired off - street Parki`q The Municipal Code requires one parkinq @pace for each enployao an duty during peak hours and One parking apace for each So sq.ft, of groes floor area within a take -out restaurant facility unless modified or waivo.t by the Planning Coeoisalon.,. Sixty -sight (68) Parking Spaces von14 therefore be required, mince there will be autxiaem, of eight 1S) C employees on duty during peak hours, end there is approximately 2,9952 sq.ft, ,'of floor area propose4 for the take -out restaurant (2,1451 : sq,ft, existing ♦ BSCt aq,ft,p roporsd e.2,995t ■q,ft. -e So sq.ft. + e r'�. . smP loyesa . 68 syaco7. , (• The plane submitted Indicate atotal of 71 parking spaces on the site.. no sstactinq +lane• for the drive - through window core also aeccereodate at least eight additional vehicles for ■ total of 39 spaces. In addition, covenants, Conditions, and Reatrletions (CCSR'a) have been ,recorded, providing for ccr n vehicular access to each of the k.•. adjoining streete, and reciprocal parkinq on the eubjact property and the three adjoining aitas. A total of 29 epacee (6U required minus 19 ,i provided) must therefore be waived It this application 1e Approved As .., requea�ed. The applicant has aubmltted the n-.., ..... .. - .••• :._.-- wle■ Of a au ry ay conducted to determine the percentage of patrons arriving at the facility by foot. A copy of the full report is ■ttnch■d for Comelsaion review. In ouxmary, the results of the survey Indicate that nearly three - fourths (71,41) of the reatAurant'■ customer@ cone for lunch 111100 a.m. to 2i0a p.m,) and approximately one -fourth (21,7%7 of these lunch time patrons arrive by foot. Staff has observed the lunch tiro operation at the site and the results of the aurvny Ara accurate, CUAtootra that parked their vehicles and consumed food on the promises ware opandlnq approximately 20 Ainutse At the site. Thn■o patrons who went inside the facility to order food to -qo spent approximately five minutoa inside before leaving, Parking *pace turn -over was good, with spaces available on -site throughout moat of the peak period. The drlva- through rfn4ov operation Also functioned well and did not Snt*rfRre with the parking lot Circulation, The City Traffic tnglnesr has indicated that he hoe no objections to the proposed expansion and waiver of the required L • parking ■Pete■ Inasmuch a there does nut appear to De a problem rich imam mt, operation, ■r@4. in aAdltione Nan equate psrking n In ourrou red SnQ parklnQ lots for oho j+n rklnq, The f parkinq spaces Se conai■tsnt wISA oNeeln ronte4 b nnlnq.,;, Caaakiuion' !n • Cpnjungtlon rlth tak�•out and rough reaiayranea ln.tlaia Ci�tyyy ;:4,•;`' „ q }�����!� ,�.i }Y�Ar �ai'C.'.r9Y'L)rA -51f �5 �..' :'r.. :'i..�.irl�i P.05 Jul -20 -98 O2:53P Westmont P•O6 �'A'J t l )4 1 a ` _ t '`w i t .� . I f r Z.1 r v nV y�• y.P i4Eiji �a ,yam �d'. 0. �,� `..! l� 'j1:,1 /'�(( /11+�j�i•, dry' 1 s cSYlo •lndln f ard�lrscermiendation fr c 1 1• 'Order grant; gn 0[ the H#vpo }t Heach KunitiPel Code'provide# tint�ln , w 1 .'rordar to grant ' any use paralt, the Plenninq Coaniulon #1fe11''Llnd that'�p,r�,:.n(�,`•7 "the.�eetabllshmant, tealnunane�. or.0pe ration o[ths csN .;oia'DuL:dLnq' ^;�'�'y;��r',:+: applied for will not, under.tM circumstances Of'thr partlw2ar -Case r "''.. `:: !� i! be 'detrimental to the heelth;• tafetyr .peace, mrals� "coa,tort:•. and Dent ral wlfars of persons rem, u lding or working Sh the heighborhood of •: "such propo#ad use or be detrimental or Injurious to property and.• . lriprovemente in the neighborhood or the general welfare of the City.. btnff rncr+aeINN ,.pproval of uxe Permit so. 1797: "'"1i. .suggests that the Plannlnq Coe.,�lsafon take Such ectlon ■ubjs t�to the -• v'�jK 'i findings end condition■ As Set forth In Exhlblt "A "i attached, 6hoo .5 ti ++ -j, ! tlla Coamlasirn with to deny, thi s application, the flndin f °,pi� Exhiblt "D" pre su Mastod ❑ q■ 1 , outllred Lt1 rr' I P1NntINC rFP }P7NF11T JWS D MLw; CkLR D , irector 0. - Associate .Planner'" Exhibit NAI JSttacimentsr' LxhlbLt "a• Vicinity Map Excerpt from rinutes of Planning cormi,gim - .. Meating of July 15, 1976. - ........ _. - Puteursnt survey and Data shear Lx.sting Floor Plan Plot Plan, Floor Plan and ESavatlon r _I: wi, r.[F•'l cih� e- ncf �4 �.. ?i'...�... .� 1, ll�'J�. J'.l •.., '. l: ... .. .. •!��� e.,. Jul -20 -9B 02:54P Westmont i�l VEX P.07 F. r S. EXHInIT 'A' t T.NnTNCS AWa COUNZrTICINS Or APPROVAL' • j. t. USZ Pr.RMZT NO. 1797 (Amended) INCS .T Tat the propage4 development In consistent with th a General Plan. and Is compatible with surrounding land oats. 2. Adequate off-street parking spaces and traffic circulation are being provided for the proposed development. 3. -he PcIlcs Department has indicated that they do hot contemplate any problem@, 4. That the waiver of a pomlon of the parking j requl"ment■ for the expanded take -out restaurant facility will not be detrimental to adjoining properties. 'A The approval of Via Permit Map 1797 (Amended) will not, under the circuastancts of this case be detrimental to the health, safety, p4scat morels. comfort and general welfare of persons residing .�,And working in the neighborhood or be datriveintal or injurious to property and improvements in the neighborhood or the general welfare of the City. Cctmmoles 1. That daveloprownt shall be in substantial conformance with the approved plot plan and floor Plan. 2, 7hst a portion of the required offf-stract parking spaces U,*. 29 spaces) are waived. 1. ThAt A— applicable conditions of approval of the original Use Permit Map 1797 shall be maintained, VEX P.07 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE KOLL CENTER PLANNED COMMUNITY DEVELOPMENT REGULATIONS TO INCREASE THE NUMBER OF ALLOWABLE RESTAURANT SITES IN OFFICE SITE G TO THREE SITES, AND AMEND THE KOLL CENTER PLANNED COMMUNITY DEVELOPMENT REGULATIONS TO PERMIT EATING AND DRINKING ESTABLISHMENTS THROUGHOUT KOLL CENTER PLANNED COMMUNITY AS PER TITLE 20 OF THE MUNICIPAL CODE. WHEREAS, on August 10, 1998, Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on July 27, 1998, the City Council of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, the project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The allowable 'number of restaurant sites in Office Site G of the Koll Center Planned Community Development Regulations shall be 3 restaurant sites and the written text shall include the provision that the approval of eating and drinking establishments (Restaurants, Bars, Theaters and/or Nightclubs) shall be subject to the requirements of Title 20 of the Municipal Code. All sections of the Koll Center Planned Community Development a3 Regulations that refer to the establishment of eating and drinking establishments (Restaurants, Bars, Theaters and/or Nightclubs) shall be amended to include the following text: "...subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case." The following sections shall be amended to include the aforementioned phrase to the text. The changes shall be made to the Koll Center Planned Community Development Regulations including, but not limited to the following sections: • Section II, B., 4 (page 11) • Section II, Group I, D (page 25) • Section II, Group I, G., 2 (page 26.1) • Section II, Group V, A. (Page 27) • Section II, Group VI, A., 1., a., b. (Page 27) SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 27, 1998, and adopted on the 10th day of August 1998, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 11A c. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3635, and Traffic Study No. 116 A. Use Permit No. 3 63 5 Findings: The proposed development is consistent with the General Plan since the property is designated for "Administrative, Professional & Financial Commercial' uses by the Land Use Element of the General Plan. The proposed use is consistent with this designation. The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction), and Class 5 (Minor Changes in Land Use Regulations). The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of property within the proposed development. 4. The restaurant development standards as they pertain to site size, off - street parking and wall requirements, meet the purpose and intent of the development standards of the Municipal Code for restaurants (eating and drinking establishments) and will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: Walls would adversely impact existing traffic circulation on the subject property. The restaurant facility complies with the landscape requirements of the Koll Center Planned Community Regulations. The number of parking spaces adequately serves the proposed uses because the site is located in close proximity to major pedestrian generators. 5. The proposed parking lot lighting will not adversely affect the surrounding properties since the subject property is surrounded by commercial uses which primarily function during daytime hours. 6. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. The approval of Use Permit No. 3635 to establish a fast food restaurant with drive -thru food service and waive a portion of the required parking will not, under the circumstances of the �5 case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The proposed restaurant use is consistent with the legislative intent of Title 20 of the Municipal Code. • The proposed restaurant use is consistent with the intent and purpose of the Koll Center Planned Community Development Plan. • The restaurant use is compatible with the surrounding professional office commercial uses in the area since restaurant uses are typically a support use. • The project will not result in any significant environmental impact. • The proposed development fully conforms to the established development standards of the Koll Center Planned Community. • The proposed use is a continuation of the existing food service use which serves the neighboring commercial uses and visiting business people in the area. • The nearby commercial uses will not be adversely affected by the proposed change since the proposed uses are similar, and consistent with the General Plan. • That the off - street parking spaces which exist in the common lot are for the benefit of the proposed establishment and the other uses on the subject property. • The number of parking spaces provided for the project is adequate based on the Parking Demand Study. f Conditions: Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. , 2. One parking space for each 59 sq. ft. of gross floor area, plus 2 spaces for overage (63 spaces) shall be provided on -site. 3. The gross floor area of the fast food take -out restaurant (Burger King) shall be limited to a maximum of 2,531 sq. ft. 4. The development standard pertaining to off - street parking requirements and perimeter walls shall be waived. 5. The hours of operation shall be limited to between the hours of 6:00 a.m. and 12 midnight, daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 6. The service of alcoholic beverages shall be prohibited, unless an amendment to this use permit is first approved. l a� 7. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 8. The area outside of the food establishment, including the common walkways, shall be maintained in a clean and orderly manner. 9. All landscape island curbs at the end of the parking spaces shall be shortened by two feet at each end to facilitate access in and out of the parking spaces. 10. The trash enclosure adjacent to the drive -thru lane shall be relocated so that it does not block sight distance of patrons leaving the site from the drive -thru lane. 11. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer. 12. All employees shall park on -site. 13. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 14. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 15. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 16. A washout area for refuse containers shall 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. 17. The operator of the food service use shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use and shall submit a detailed plan for the policing of the surrounding vicinity for compliance with this condition. 18. 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. 19. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. aq Standard Requirements 1. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District 2. 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. 3. The proposed restaurant facility and related parking shall conform to the requirements of the Uniform Building Code. 4. The project shall comply with State Disabled Access requirements. 5. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 6. The proposed monument sign at Jamboree Road shall be located in compliance with the City's Sight Distance Standard 110 -L so that it does not block sight distance. 7. All improvements shall be constructed as required by Ordinance and the Public Works Department. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but not located on or within any public property or right -of -way, unless otherwise approved by the Public Works Department. 10. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shall maintain the trash dumpsters or receptacles so as to control odors. This may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. iI I 3. Trash generated by the establishment shall be adequately contained in sealed plastic bags to control odors prior to placement in the trash dumpster. 14. Intersections of public streets and private drives shall be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. 15. 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. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Birch Street or Jamboree road rights -of -way. 16. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. B. Traffic Study No. 116 Findings: 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 L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found to be in compliance with the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project - generated traffic will cause and make worse an unsatisfactory level of traffic service on one or more 'major; 'primary- modified,' or 'primary' streets; however, the benefits outweigh the anticipated negative impact on transportation facilities. 4. The cost of one of the identified mitigation measures for the intersections is not proportional to the size of this project and therefore, not likely to be implemented as a result of this single project. O, _` Conditions: Prior to the issuance of a Certificate of Occupancy, the applicant shall have completed the improvement identified in the Traffic Study for the intersection of Jamboree Road and Campus Drive. 2. Prior to the issuance of a building permit, the City Traffic Engineer shall determine, and the applicant shall pay a fee proportional to the projects impact to the intersection at Jamboree Road and MacArthur Boulevard as defined by the Traffic Phasing Ordinance. J� EXHIBIT "B" FINDINGS FOR DENIAL OF Amendment No. 876, Use Permit No. 3635, and Traffic Study No. 116 Findings: The proposed project would be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood and be detrimental to the general welfare of the City because the project site cannot provide off - street parking to accommodate the proposed use. 2. The proposed project is inconsistent with the legislative intent of Title 20 of the Municipal Code since the project does not provide off - street parking to accommodate the proposed use. 3. The parking demand for the proposed project will not be less than the parking requirement in Section 20.66.030 of the Municipal Code. 4. The proposed project is inconsistent with the intent and purpose of the Koll Center Planned Community Development Plan since Office Site G only allows two restaurant sites. City of Newport Beach Planning Commission Minutes July 9, 1998 SUBJECT: Breckenridge Group (John G antes, appIicant) 5180 Birch Street • Amendment No. 876 • Use Permit No. 3635 • Traff ic Study No. 116 The proposed project consists of the demolition of an existing 7,500 sq. ft. casual dining restaurant and the construction of two new restaurant buildings. One building will be a 2,531 sq. ft., 80 -seat Burger King Restaurant with drive - through service. The second structure will be a 2,510 sq. ft. building divided into two lease spaces for two, full- service small -scale restaurants that will occupy approximately 1.2 55 sq. ft. each. The project involves the approval of: • an Amendment to the Koll Center Planned Community Development Regulations to allow additional restaurant uses in Office Site "G" (the current limit of two restaurants will be increased to three restaurant sites) and; • amend the Koll Center Planned Community Development Regulations to permit eating and drinking establishments throughout the Koll Center Planned Communityas per Title 20 of the Municipal Code, and; • A use permit for the establishment of a take -out restaurant use as specified in the Koll Center Planned Community Text with a waiver of a portion of the required parking spaces, and; • the approval of a Traffic and Parking Demand Study. Transportation Services Manager Rich Edmonston stated this project was subjected to the standard traffic analysis required by the City's Traffic Phasing Ordinance. He stated that result indicated two intersections would be impacted, and under the Ordinance, it would require some mitigation. One of those was the intersection of Jamboree and Campus. The mitigation there would is the re- stripping of assignment of lanes on Campus Drive, which we have had a preliminary discussion with the City of Irvine, which controls that intersection, and they did see any problems going forward with that mitigation. Mr. Edmonston stated the second mitigation is at the section of Jamboree and MacArthur. In that case they are adding thirty some trips to that intersection in the morning, which is enough to cause the I.C.U. to increase one notch (over the City's acceptable level of .90) which requires mitigation. A preliminary view of that location suggests there are three different mitigations that might be made, two of which would specifically help mitigate their traffic in the morning. All three of these have been identified preliminarily as very expensive mitigations, probably each one in the range of several hundred thousand dollars, and one of them clearly over a million dollars. Mr. Edmonston stated they are in the process of hiring a consultant to provide more information in terms of cost, and the extent to which right -of -way may be required. He stated because they believe the cost of that improvement is not proportional to the impact of these 30 to 40 cars. What is suggested as a condition in this case, is that the re- stripping mitigation at Jamboree and Campus be done prior to occupancy of the project; and that this applicant would contribute a prorated share for the cost of the identified improvement at MacArthur and Jamboree. At this point there is not a dollar amount to share as to what that condition will translate into; but believe it will be proportional to their impact. Mr. 13 INDEX Item 7 Amendment No. 876 Use Permit No. 3635 Traffic Study No. 116 Approved J'' City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX Edmonston stated the question has been raised if this improvement is covered by the Fair Share fees, and he stated it is not. Mr. Edmonston stated they had the traffic consultant study other fast food sites in Irvine, as well as, the Weinerschnitzel next door to this site, in terms of traffic in peak hour that was walk -in versus parking and coming and using the drive - throughs. He stated they believe, as a result of that study, the applicant scaled back the size of the project. Mr. Edmonston stated he is comfortable at this point that the parking that is provided on -site should be adequate for both the Burger King and the free standing building that has two restaurants proposed. Commissioner Adams stated he noticed the traffic report discussed the drive -up queuing lane and made a statement that it had a 7 -car storage. He asked if that is adequate and if there was queuing study done to back -up that claim. Mr. Edmonston said he did not believe there was. He stated he believes it refers to the amount of storage that is available in the drive -up facility before it begins blocking other parked cars. Mr. Edmonston stated it is fairly common in fast food facilities in Newport to have drive -up where the line does extend past that and snake through the parking lot. He stated, in this case. there is quite a bit of additional storage before it ever backs up to any adjacent property with common access or out to the public street. Commissioner Fuller asked if there is reciprocal access or a common drive -way from Jamboree. Mr. Edmonston stated the drive -way is actually on the Weinerschnitzel parcel; this parcel does not have Jamboree access; it only has access from Birch Street. Commissioner Fuller asked if there is an easement or something we have to ingress and egress. Mr. Edmonston stated to his knowledge there is not a recorded that the City is a party to. He stated it is his understanding that there are cross - easements, and the site plan as presented to us and as shown in the staff report, does have aisle ways that are continuous with that adjacent property. Commissioner Fuller asked if the same owner owns both properties. Mr. Edmonston stated he does not know. Commissioner Adams wanted to follow -up on his question regarding the storage for the drive - through. He asked if we are requiring them the on -site signage to be reviewed by Traffic engineering; and also can the Burger King traffic that enters from Jamboree Road, how are they going to be signed to get to the drive - through; are they going to go along the aisle closest to Jamboree or will they be taken around the new food service site around the back. Also do we have discretion over that circulation? Mr. Edmonston stated the answer to the first part of Commissioner Adam's question is he does not believe they have looked at signage for this site up to this time. CommissionerAdams asked if that could be a condition, and Planning Director Temple stated we could have that as a condition. Chairman Selich stated it is understanding that the Weinerschnitzel next door has a waiver for 29 parking spaces, and wanted to know the basis for that waiver. Ms. Temple stated that part of the waiver was based in storage in the drive - through lane, however they did not research the specific findings that the Commission made in that waiver. Planning Director Temple made a commentaryto clarify the circumstances of this 14 .5 City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX particular application. Ms. Temple stated Mr. Edmonston described in detail some of the specifics of the traffic study as noted in the Staff report. The project does not technically meet the criteria to approve the project pursuant to the Traffic Phasing Ordinance with a simple majority. Ms. Temple stated that, in order to be fully approved and recommended to the City Council, this project would require a unanimous vote of those persons present of this Commission since the Ordinance requires a 4 /5�° majority of all members eligible to vote. She noted that while absent, Commissioner Kranzley is still eligible to vote. Ms. Temple stated she has been informed by the City Attorney that 6 vote plurality is required unless one or more of the Commissioners must excuse themselves because of conflict of interest. She stated that should the Commission not be able to achieve that level of majority in this particular action but still have the majority to approve the Zoning Amendment and the Use Permit, those would still be valid approvals and would move forward to the City Council with the recommendations for approval on the City Amendment, and the Use Permit, but with a non - approval on the Traffic Study. Ms. Temple stated that could still be handled at the Council level, however, at the Council level it would still be required to achieve that same majority of 6 or 7 eligible votes to actually be approved. Ms. Temple stated this is the first time in many years which they have been confronted with this particular issue but she believes that they have provided within the staff report reasonable rationale for override of the TPO in this case Public Hearing Opened j Timothy L. Strader, the owner of property at 5180 Birch Street stated he wanted to compliment the staff on their extensive analysis in the staff report. Mr. Strader stated he purchased the property approximatelya year and a half ago when it was operated as a Carrows restaurant which was 7500 sq. ft., per the Use Permit from the City, and the City required 75 parking spaces for that use. Mr. Strader stated in this particular case, this is a reduction in intensity in an existing restaurant because theywill end up with 5,401 sq. ft., not 7500 sq. ft. Mr. Strader stated, in this case, they are installing 63 parking spaces. He stated, in answer to Commissioner Fuller's question that yes there is a reciprocal easement between Weinerschnitzeland his property. Mr. Strader stated there are minor impacts that this project creased based upon the assumptions of the Traffic Phasing Ordinance, and they respectfully request that the Commission seriously consider an ability to proceed so they can take it to the Council. Mr. Strader stated they have started to work on this project with the Staff last February, and Mr. Gantes has, under the City requirements, paid the cost of the traffic and parking consultants. He stated they request the Commission adopt the Exhibit A findings with the conditions of approval. Mr. Strader stated, to the extent the Staff is able to come up the actual costs that might be applicable to this particular property, they may have the numbers prior to the final hearing so they can put the numbers in their financial performa. CommissionerAdams asked if there are any prospective tenants for the parcel. John Gantes, Franchisee of Burger King stated that, at this time, they have a proposal from Starbucks for one -half of the space, and there is no one lined up for the other half. 15 3 `� City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX Corn mission erAdams asked staff if they are comfortable with the trip generation and parking characteristics of the traffic study. Mr. Edmonston stated that, in this particular case, Starbucks would be competing with Burger King for customers looking for coffee and a light breakfast and did not particularly concern himself with that. He stated they have a standardized ratio which is used for small scale. full- service restaurants but did not look at what the particular tenant might end up being other than the half of the building that might be occupied by Starbucks. Commissioner Ridgeway stated there was a letter of objection to the project and he wanted to make sure Mr. Strader had a copy of it. Mr. Strader stated he picked up a copy of it this evening and wanted to point out that the final paragraph is not correct. Mr. Strader stated that the CC &R's do not require the property owners' consent. He stated the CC &R's and declarant is the AETNA Life Insurance Company, and it requires their approval of the architectural plans and has nothing to do with the property owner's consent. Commissioner Ridgeway asked if Mr. Strader has a letter from Der Weinerschnitzel, and Mr. Strader stated he does. Mr. Strader stated he thinks this project will improve rather hinder their operations. Commissioner Ridgeway asked Mr. Edmonston if they considered the ITE manua! has suggested anywhere from 25 to 40 percent of the traffic that is on a system would be drive -by and use operation of fast food. Mr. Edmonston stated on page 14 of the Traffic Study, in Table 4, based on an examination they looked at, they allowed for 45 percent for Burger King and 20 percent for the other uses. He stated that, in addition to that, they did try to quantity the walk -in aspect, but these are the numbers used in the Traffic Study. Planning Director Temple stated she would like to remind the Commission. in approving the project, the full service, small scale categorywould provide for small restaurants of a much more conventional nature. She stated they did not look for specifics for what they think might occur now, but to what the entitlement is and what could happen there in the long term and try to assess those credits in that light. Commissioner Selich asked Mr. Strader (because he is familiar with the history in the area), why Weinerschnitzel was granted a waiver for 29 spaces. Mr. Strader stated he did not recall what was in the staff report at that time. CommissionerAshley asked regarding the Traffic Study stated it might be difficult getting into the property if westbound and,asked to what extent do these types of traffic conflicts interferewith ingresslegress that might be related to the office uses that would be adjacent. He asked if this is something that we should be concernedabout. Mr. Edmonston was something they asked the traffic consultant to look at, and one of the things that is a little unusual in a traffic study is there are different distribution patterns for inbound and outbound because, on Birch, there is a center median island that blocks a left turn off of Birch into the drive -way. He stated that, similarly, if you exit and want to get back into the area you have to go down Jamboree to a median opening and comeback. Mr. Edmonston stated" most of those would happen at the signal light intersections, and there is capacity to accommodate that. 16 �5 City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX Jim Caulfield, Franchiser of Weinerschnitzel restaurant, which is leased from Mr. Woolridge, stated that both Mr. Woolridge and the owner of the adjacent office building have requested continuances of the hearing. Mr. Caulfield stated that because of the length of the package, the report being 125 pages long, it does not give them the opportunity to deal with the issues presented when they have less than ten days, three of them being a holiday. CommissionerGifford asked Mr. Caulfield, aside from the opportunity to digest the entire report and perhaps have other items he wanted to mention, she asked if the principal area of concern has to do with parking and traffic movement on the site. Mr. Caulfield stated also that they believe as owners of the adjacent properties have rights under the CC &R's which are being amended. Chairman Selich clarified they are not dealing with CC &R's here. Commissioner Fuller asked staff who commissioned the traffic and parking study, was it developer paid for or selected by the City. Planning Director Temple stated, as required by the City's policies, the Traffic Ordinance Phasing analysis is done under contract by the City, funded by the applicant, and in this particular case, a combined traffic and parking study was done under City contract funded by the applicant. Commissioner Fuller clarified that the City selected who the consultant was who prepared the reports. Ms. Temple stated that is correct, and the consultant responsible to the City for its content. Chairman Selich asked Mr. Caulfield if he was aware of the waiver of 29 spaces. Mr. Caulfield respondedthat he was not. Mr. Strader stated that, from the standpoint of the request for a continuance, this matter will have to go to the City Council and there will be adequate time for these people to study the matter and make a presentation at the City Council. Mr. Strader asked for a decision this evening if it was any way possible. Public Hearing closed Commissioner Ashley stated that the project is asking for 15 spaces which is below Code standard. He stated the uses are well balance and the uses being proposed are reasonable. CommissionerAshley stated he has no objection to the application. Commissioner Gifford stated she does not have a problem in terms of the Traffic Phasing Ordinance. She stated that the people come in from Birch Street and go over to the Der Weinerschgitzel drive - through lane and block the end of the parking lane. Commissioner Gifford stated people coming through also seem to be in the middle of the road there, not allowing for right turns down that parking lane. She stated there were pedestrians who have to walk in all the traffic lanes, and this is her area of concern. Commissioner Fuller stated they have a letter from Newport Federal, who is adjacent to the Weinerschnitzel who said they were not noticed, and they just found out about it today. He asked staff if they had been noticed. Planning Director Temple stated they mail to the owner of record on the Assessors rolls. She also stated, after looking it up in the files, that in this case it was directly noticed to Newport Federal at 4425 Jamboree so they should have received it. 17 l.. �e City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX e stated they are typically mailed out ten days before the hearing. Commissioner Adams also agrees there is no problem with the Traffic Phasing Ordinance but is uncomfortable with the site plan. He is concerned about the pedestrian traffic also. Commissioner Ridgeway also agrees with Commissioner Adams in that he too does not have a problem with the Traffic Phasing Ordinance. He stated his problem is the on -site parking. Commissioner Ridgeway stated the waiver for the Burger King project is 15 versus 29 for the Weinerschnitzel, but when looking at in totality in the cumulative impact, it is 44 cars. He stated he is looking for a way to approve it because it is a good use of a corner that has been under utilized. Chairman Selich stated he would like to hear Mr. Edmonston's comments regarding on -site circulation. Mr. Edmonston stated when the traffic engineering consultant reviewed it, he indicated in his report that seven spaces in the drive - through lane were a workable number. He stated there is a considerable amount of overflow stacking from that standpoint before it would get out to that main aisle that would block to from Der Weinerschnitzel. Mr. Edmonston stated, in that regard, the Commission and Council have, on other projects, conditions that require the applicant or owner to take whatever steps are necessary to insure that the back -up from the drive - through does not obstruct the street. Chairman Selich asked Mr. Edmonston's professional opinion, given the constraints on this property, if this is a reasonable site plan for the property circulation wise. Mr. Edmonston stated he has not spent a great deal of time looking at this and trying to figure out if there are alternatives. He stated given the layout of trying to have some parking that is away from the Weinerschnitzel, it looks like a reasonably good site plan from that perspective. Commissioner Adams asked if he had any comments on pedestrian access. Mr. Edmonston stated he did not think there was an attempt to quantify the direction the pedestrians are coming from. He stated there are connectors from the sidewalk on Jamboree shown in the site plan. Mr. Edmonston stated the access from the drivewayat Birch is not as clear. He stated there is a conditionthat does require further review of access and parking by his office and typically that is the point where they look at opportunities for sidewalks and other pedestrian amenities. Planning Director Temple stated the ,project currently exceeds landscape standards and the plan does show sidewalks on both Birch and Jamboree with connectionsto the property. Chairman Selich stated he too does not have a problem with the Traffic Phasing Ordinance aspect of it. He stated he was concerned about the parking but thinks it is a good use of the property and would be inclined to support it. Commissioner Fuller stated he would support this project. Motion was made by Commissionerto approve Amendment No. 876, Use Permit No. 3635, and Traffic Study No. 116 and recommend to City Council. 18 31 City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX Without objection and by show of hands, Motion Carried. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Amendment No. 876, Use Permit No. 3635, and Traffic Study No. 116 A. Planned Community Amendment No. 876. Adopt Resolution No. 1470 (Attached), recommending to the City Council the approval of PC Amendment No. 876, increasing the number of restaurant sites in Office Site "G" to three sites and, permit eating and drinking establishments throughout the Koll Center Planned Community per Title 20 of the Municipal Code. B, Use Permit No. 3635 Findings. 1. The proposed development is consistent with the General Plan since the property is designated for "Administrative, Professional & Financial Commercial' uses by the Land Use Element of the General Plan. The proposed use is consistentwith this designation. 2. The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). and Class 5 (Minor Changes in Land Use Regulations). 3. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of propertywithin the proposed development. 4. The restaurant development standards as they pertain to site size, off - street parking and wall requirements, meet the purpose and intent of the development standards of the Municipal Code for restaurants (eating and drinking establishments) and will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: • Walls would adversely impact existing traffic circulation on the subject property. • The restaurant facility complies with the landscape requirements of the Koll Center Planned Community Regulations. • The number of parking spaces adequately serves the proposed uses because the site is located in close proximity to major pedestrian generators. 1. The proposed parking lot lighting will not adversely affect the surrounding properties since the subject property is surrounded by commercial uses, 19 City of Newport Beach Planning Commission Minutes July 9, 1998 which primarily function hours. INDEX 2. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 3. The approval of Use Permit No. 3635 to establish a fast food restaurant with drive - through food service and waive a portion of the required parking will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The proposed restaurant use is consistent with the legislative intent of Title 20 of the Municipal Code. • The proposed restaurant use is consistent with the intent and purpose of the Koll Center Planned Community Development Plan. • The restaurant use is compatible with the surrounding professional office commercial uses in the area since restaurant uses are typically a support use. • The project will not result in any significant environmental impact. • The proposed development fully conforms to the established development standards of the Koll Center Planned Community. • The proposed use is a continuation of the existing food service use, which serves the neighboring commercial uses and visiting business people in the area. • The nearby commercial uses will not be adversely affected by the proposed change since the proposed uses are similar, and consistent with the General Plan. • That the off - street parking spaces that exist in the common lot are for the benefit of the proposed establishment and the other uses on the subject property. • The number of parking spaces provided for the project is adequate based on the Parking Demand Study. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. One parking space for each 59 sq. ft. of gross floor area, plus 2 spaces for overage (63 spaces) shall be provided on -site. 3. The gross floor area of the fast food take -out restaurant (Burger King) shall be limited to a maximum of 2,531 sq. ft. 4. The development standard pertaining to off - street parking requirements and perimeterwalls shall be waived. 20 jot City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX 5. The hours of operation shali be limited to between the hours of 6:00 a.m. and 12 midnight, daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 6. The service of alcoholic beverages shall be prohibited, unless an amendment to this use permit is first approved. 7. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 8. The area outside of the food establishment, including the common walkways, shall be maintained in a clean and orderly manner. 9. All landscape island curbs at the end of the parking spaces shall be shortened by two feet at each end to facilitate access in and out of the parking spaces. 10. The trash enclosure adjacent to the drive - through lane shall be relocated so that it does not block sight distance of patrons leaving the site from the drive- through lane. 11. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer. 12. All employees shall park on -site. 13. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 14. No live entertainmentor dancing shall be permitted in conjunction with the permitted use. 15. No outdoor loudspeaker or paging system shall be permitted in conjunctionwith the proposed operation. 16. A washout area for refuse containers shall 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. 17. The operator of the food service use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use and shall submit a detailed plan for the policing of the surrounding vicinity 21 1,10 City of Newport Beach Planning Commission Minutes July 9, 1998 this condition. INDEX 18. 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. 19. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Standard Requirements 1. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District 2. 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. 3. The proposed restaurant facility and related parking shall conform to the requirements of the Uniform Building Code. 4. The project shall comply with State Disabled Access requirements. 5. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 6. The proposed monument sign at Jamboree Road shall be located in compliance with the City's Sight Distance Standard 110 -L so that it does not block sight distance. 7. All improvements shall be constructed as required by Ordinance and the Public Works Department. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but not located on or within any public property or right -of -way, unless otherwise approved by the Public Works Department. 22 q1 City of Newport Beach Planning Commission Minutes July 9, 1998 INDEX 10. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shall maintain the trash dumpsters or receptacles so as to control odors. This may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessaryby the Planning Department. 13. Trash generated by the establishment shall be adequately contained in sealed plastic bags to control odors prior to placement in the trash dumpster. 14. Intersections of public streets and private drives shall be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. 15. 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. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Birch Street or Jamboree road rights -of -way. 16. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right - of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. C. Traffic Study No. 116 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 23 t q;L City of Newport Beach Planning Commission Minutes July 9, 1998 accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found to be in compliancewith the Traffic Phasing Ordinance. 3. That the Traffic Study indicates that the project - generated traffic will cause and make worse an unsatisfactory level of traffic service on one or more ' major," primary- modified,'or'primary'streets; however, the benefits outweigh the anticipated negative impact on transportation facilities. 4. The cost of one of the identified mitigation measures for the intersections is not proportional to the size of this project and therefore, not likely to be implemented as a result of this single project. Conditions: Prior to the issuance of a Certificate of Occupancy, the applicant shall have completed the improvement identified in the Traffic Study for the intersection of Jamboree Road and Campus Drive. Prior to the issuance of a building permit, the City Traffic Engineer shall determine, and the applicant shall pay a fee proportional to the projects impact to the intersection at Jamboree Road and MacArthur Boulevard as defined by the Traffic Phasing Ordinance. SUBJECT: A Request of the Planning Director for Direction in the Determination of Gross Floor Area in New Development Give direction to staff regarding a floor area determination for a project a 221 Heliotrope, and for aNypical patio design. Additionally, if desired, give direction for staff to study potential amendments to the Zoning code related to the definition of gross floor area. 1*� %, Ms. Temple stated, in brief, the is es presented here are both related to what constitutes gross floor area as provide or-in the Zoning Ordinance are incurring problems at the Staff level as to what is ahrkls not counted. She stated Staff is requesting the Commission authorize them do further study and perhaps suggest proposed changes to the code in this reg Mr. Jeannette stated he has pictures of various proj-ecks that he has done throughout the City going back as many as 15 years ago, and dicating how they were able to park more cars on the site without creating an addi al square foot of buildable area because they were left open. In discussions Mr. JbQ nette had in the past with previous Planning Directors, he stated their thoughts ba ' ally fell behind the concept that, if a space were at least 50 percent open, that, i hat case, meant the wall two sides or a side a rear were open to the extent that ea 24 INDEX Item 8 A Request of the Planning Director in the Determination of Gross Floor Area in New Development Planning Commission directed Staff to study further. u\s CITY OF NEWPORT BEACH O COMMUNITY and ECONOMIC DEVELOPMENT m PLANNING DEPARTMENT r, 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (q40) 644-32 —; FAX (944) 644 -325a Hearing Date: Agenda Item No.: Staff Person: Refer to City Council: REPORT TO THE PLANNING COMMISSION PROJECT: Breckenridge Group (John Gantes, applicant) 5180 Birch Street July 9, 1998 7 Marc Myers (949) 644 -3210 { Automatic PURPOSE OF APPLICATION: The proposed project consists of the demolition of an existing 7,500 sq. ft. casual dining restaurant and the construction of two new restaurant buildings. One building will be a 2,531 sq. ft., 80 -seat Burger King Restaurant with drive -thm service. The second structure will be a 2,510 sq. ft. building divided into two lease spaces for two, full- service small -scale restaurants that will occupy approximately 1,255 sq. ft. each. The project involves the approval of • an Amendment to the Koll Center Planned Community Development Regulations to allow additional restaurant uses in Office Site "G" (the current limit of two restaurants will be increased to three restaurant sites) and; • amend the Koll Center Planned Community Development Regulations to permit eating and drinking establishments throughout the Koll Center Planned Community as per Title 20 of the Municipal Code, and; • A use permit for the establishment of a take -out restaurant use as specified in the Koll Center Planned Community Text with a waiver of a portion of the required parking spaces, and; • the approval of a Traffic and Parking Demand Study. ACTION: Approve, modify or deny: • Amendment No. 876 • Use Permit No. 3635 • Traffic Study No. 116 LEGAL DESCRIPTION: Parcel 3, Map Book 198, Pages 27 and 28 ZONE: P.C. (Koll Center Planned Community) OWNER: Timothy L. Strader, Newport Beach tA Points and Authority • Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" uses. A restaurant is a permitted use within this designation as a support commercial use. The Land Use Element allocates a maximum square footage for Office Site -G" in Koll Center of 81,372 sq.ft. The additional restaurant site will not increase the square footage of Office Site "G" above that which is allocated by the Land Use Element. • Environmental Compliance (California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 2 (Replacement or Reconstruction). • Use permit and restaurant development standards, procedures and requirements are set forth in Chapter 20.91 of the Municipal Code. • Waiver of off - street parking requirements are set forth in Chapter 20.66 of the Municipal Code. • Traffic Study requirements are set forth in Chapter 15.40 of the Municipal Code. Amendment No. 876 Use Permit No. 3635 Pago'1 a 5 VICINITY MAP Amendment No. 8761 ` Subiect ProoeM and Surrounding Land Uses Current Development: Is an existing 7,500 sq. ft. one -story restaurant with subterranean parking to be removed. To the north: across Birch Street is the Newport Harbor Municipal Court. To the east: is Cal -West Credit Union office building and related parking. To the south: is an existing Weinerschnitzel Restaurant with drive -thru lane and related parking. To the west: across Jamboree Road is a vacant parcel, outside the City limits. Amendment No. 876 Use Permit No. 3635 Pago,r `l ANALYSIS Amendment to Koll Center Planned Community The Koll Center Planned Community Development Regulations identify the subject property as Office Site "G," and allows two (2) restaurant sites within the site. The amendment to the Koll Center Planned Community Development Standards, as proposed, will increase the allowable number of restaurant uses permitted in Office Site "G" from two to three. This amendment is required to accommodate construction of the two proposed restaurant buildings where one currently exists. The proposal also includes the addition of eating and drinking establishments throughout Koll Center Planned Community subject to the standards and requirements of Title 20 of the Municipal Code. This will allow staff to regulate eating and drinking establishments within the food service facility through the subsequent review and approval of a Planning Director's Use Permit. This will insure that those uses will be compatible, in terms of peak parking demand, with the take -out restaurant. Changes to the land use limitations do not include any increase in the existing entitlement of the site or statistical area. The intent of the Koll Center Planned Community Development Regulations, as set forth within the P.C. Text, is to provide for the development of hotel with banquet and convention facilities, a small retail and service center, service stations, restaurants, and a site for the Courthouse, with the balance of the acreage developed as a business and professional office park emphasizing open space. Staff is of the opinion that the proposal is consistent with the intent of the Koll Center Planned Community since the proposed project is providing support commercial uses which are similar to that which is existing, but at a smaller scale. The proposal also provides landscaping per the requirements of Koll Center Planned Community Development Regulations. Additionally, the proposed Burger King and Food Service facility will contain a total of approximately 5,041 sq. ft. compared to the existing 7,500 sq. ft. restaurant to be removed. Use Permit The project site is located in the P.C. District. The adopted P.C. Development Regulations for Koll Center Newport allow drive -thru or take -out restaurants subject to the approval of a use permit. The proposed take -out restaurant with drive -thru food service complies with all of the Koll Center Planned Community Development .Regulations with the exception of off - street parking requirements. The proposal also includes a request to approve a traffic and parking demand study for the proposed food uses. The key issues analyzed by staff are the adequacy of the proposed parking and compliance with the Restaurant Development Standards contained in the Zoning Code. Amendment No. 876 Use Permit No. 3635 PageA` Ll1 Project Characteristics Table The subject site contains a gross square footage of approximately 45,205 sq.ft. The site is currently occupied by a 7,500 sq. ft. building, previously used as a high tum -over sit down restaurant, which will be removed if this project is approved and implemented. A Burger King fast -food restaurant and a food service facility are proposed for the site. Also located on the site is a Weinerschnitzel take -out restaurant with related off - street parking. As shown on the site plan, the new Burger King building will be located along Birch Street facing Jamboree Road, on the comer. The food service facility building will be located between the Burger King building and the Weinerschnitzel Restaurant building, fronting Jamboree Road. Access to the new buildings will utilize the existing entries off Jamboree Road and off Birch Street. 3 Area devoted to waiting and dining within the facility. ' Based on 1150 sq. ft. of gross floor area, plus one for every peak employee Amendment No. 876 Use Permit No. 3635 Page a Burger King Food Services Restaurant Building Building Gross Bldg Area (sq.ft.): TOTAL: 2.531 sq.ft. 2.510 sq.ft. Net Public Area Interior Dining Area: 1,295 sq.ft. 570 sq. ft. each (1,000 sq.ft. or less) SUBTOTAL: 1,295 sq.ft 1,140 sq.ft. Other area: Restroom, kitchen, storage and service areas: 1,236 sq.ft. 1,370 sq. ft.(685 sq. ft. each) TOTAL AREA: 2,531 sq.ft. 2,510 sq.ft. Required Parking: take -out Restaurants:' 60 spaces Full Service Small - Scale: 18 spaces (9 spaces each) Provided for Subject Restaurant: 45 spaces (+ 7 in drive -thru) 18 spaces TOTAL Parking Provided on -site: 63 spaces Parking Study Recommendation: 45 spaces 18 spaces 1 sp. /59 sq. ft. gross floor area I sp. /3 seats (25 seats max.) plus I /peak employee +2 (WAIVER OF 15 SPACES) NO WAIVER PROPOSED Live Entertainment: NO NO Dancing: NO NO Outdoor Dining: NO NO Valet Parking Service: NO NO Number of Employees: Approx. 9 total Approx. 10 total Hours of operation: 6:00 a.m. to 12:00 a.m. daily 6:00 a.m. to 12:00 a.m., daily The subject site contains a gross square footage of approximately 45,205 sq.ft. The site is currently occupied by a 7,500 sq. ft. building, previously used as a high tum -over sit down restaurant, which will be removed if this project is approved and implemented. A Burger King fast -food restaurant and a food service facility are proposed for the site. Also located on the site is a Weinerschnitzel take -out restaurant with related off - street parking. As shown on the site plan, the new Burger King building will be located along Birch Street facing Jamboree Road, on the comer. The food service facility building will be located between the Burger King building and the Weinerschnitzel Restaurant building, fronting Jamboree Road. Access to the new buildings will utilize the existing entries off Jamboree Road and off Birch Street. 3 Area devoted to waiting and dining within the facility. ' Based on 1150 sq. ft. of gross floor area, plus one for every peak employee Amendment No. 876 Use Permit No. 3635 Page a The Koll Center Planned Community establishes that off - street parking requirements for take -out restaurants, or any eating and drinking establishment with drive - through or drive -up service, shall be in accordance with Title 20 of the Municipal Code. Chapter 20.66.030 of the Municipal Code requires I parking space for each 50 sq. ft. of gross floor area contained within the building or in any outdoor area capable of being used for the purpose of serving food or beverages and one parking space for each employee on duty. Based on the proposed 2,531 sq. ft. of take -out restaurant and assuming 9 peak employees, 60 parking spaces are required for the proposed Burger King restaurant. The parking requirement for the other food services building is based upon the City requirements for a full service small scale restaurant. The parking requirement for these facilities is based upon I space per 3 seats, for a total of 18 spaces. The required amount of parking spaces (18) are provided on -site for the food services facility. It is anticipated that at least one of the food services will be a breakfast oriented restaurant such as a bagel or muffin shop which would have its peak parking demand occur in the early morning. This would not conflict with the Burger King since the fast food restaurant will have a noon hour peak demand. The total parking required for the entire site including the Burger King and the food services facility is 78 spaces. Waiver of Off-Street Parking Requirements Since the required number of parking spaces could not be provided on -site for the proposed restaurant uses, a parking demand study was prepared to determine the parking demand consistent with other fast food take -out restaurants in the area. The applicant is requesting a waiver of 15 parking spaces. Chapter 20.66.10 states that a use permit may be approved by the Planning Commission to modify or waive the number of off - street parking spaces required by the terms of this chapter if one or more of the following conditions are met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements jar such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66. 100 (B). 4. ne Planning Commission makes thefollowingfndings: a) The parking demand will be less than the requirement in Section 20.66.030. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Amendment No. 876 Use Permit No. 3635 Page 6_ %AR It is possible to make finding number 4(a) in this case. Page 3 of the Parking Demand Study, located in Appendix D of the attached traffic study, presents a comparison of parking requirements in accordance with Title 20 of the Municipal Code (utilizing a standard requirement of 1 parking space for each 50 sq.ft. of gross floor area, plus one space for each peak time employee for a fast - food restaurant) to the actual parking demand based on field measurement of similar uses in the area. The parking demand study indicates that one parking space for each 59 sq.ft. of gross floor area plus two spaces would be adequate for the subject restaurant, due to the amount of walk -in patrons expected from the neighboring office uses and Newport Harbor Municipal Court. Additionally, storage for at least 7 vehicles in the drive -thru lane is provided to insure adequate drive -thru lane capacity for queuing to insure that all on -site parking spaces can be accessed freely. The Planning Commission could also determine that the addition of more convenience food uses could change the overall parking demand for the area, calling into question the conclusions of the parking analysis. This conclusion could be based on the practical experience the City has had in shopping centers with a high number of convenience food businesses (Back Bay Court, Westcliff Plaza, Harbor View Center). These shopping areas have had parking problems, particularly when food uses congregate in close proximity to one another. It is possible that these groupings result in an expansion of the market area beyond that of a more limited number of food service facilities. Should the Planning Commission uphold the established parking requirements for take -out restaurants at I parking space for each 50 sq.ft. of gross floor area, plus one space for each peak employee, then the requirement would be 78 parking spaces and the applicant would be required to redesign the project to comply with these standards. A redesign of this nature is likely to result in a reduction in the square footage of the project. Restaurant Development Standards Chapter 20.82 of the Municipal Code contains development standards for restaurants, as outlined below. Those development standards include specific requirements for restaurant sites, building setbacks, off - street parking, traffic circulation, walls, landscaping, lighting (exterior illumination), underground utilities, supply storage and refuse storage. Section 20.82.040 of the Municipal Code states that any of the development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. 11 Amendment No. 876 Use Permit No. 3635 Page 7 J� Development Standards Staff is of the opinion that the on -site development standards as they apply to site, off - street parking and wall requirements should be waived if the Planning Commission approves this application, Amendment No. 876 Use Permit No. 3635 Page 8 1 REQUIREMENT PROPOSED Site Site shall be suflicicnt size and configuration to Waiver. The project complies with setbacks- curb cuts. satisfy all requirements for off - street parking. landscaping and refuse storage requirements of the Koll setbacks, curb cuts. walls. landscaping and refuse Center Planned Community District Regulations which storage as provided b) Section 20.82.040 of the are more restrictive than the provisions of the Zoning Municipal Code. Code. but does not comply with the minimum site size requirement since the project does not satisfy the requirement for off- street parking. Setbacks: 30 foot setback at Jamboree Road and Birch Street, Complies. The project provides 55 ft. from Jamboree zero setback at interior lot lines and 10 foot setback Road. 30 ft. From Birch Street and 140 ft. between betw'ecn buildings per Koll Center PC District buildings. Regulations: to protect the public health, safety and welfare or to insure compatibility with uses on contiguous properties (per Section 20.82.040 A -2. NBMC). OJI-- Street Off- street parking in accordance with the provisions waiver. A parking demand study has been conducted Parking: of Koll Center PC District Regulations (I spaces per which finds that 1 space for each 59 sq. ft. of gross Floor 50 sq.fl. of gross floor area plus one per employee). area, plus 2 spaces will be adequate for the Burger King restaurant. The food service facility complies with the parking requirement of 1 space for every 3 seats established by the Code. Circulation.: Parking areas and drivcways to facilitate traffic and Complies. The traffic circulation has been reviewed and circulation of vehicles on and around the facility and conceptually approved by the City Traffic Engineer. to provide adequate sight clearances. Walls (adjacent A solid masons wall 6 feet high shall be erected on Waiver. The requirement to provide a 6 foot high wall at to the interior all interior property lines of the subject property. the interior property line would adversely impact the property lines): Walls 3 feet in height shall be erected between the shared drive access which serves the adjacent restaurant on -site parking areas and the public rights -of -way. site. No walls are proposed between the on -site parking and the public rights-of-way. However, staff believes that the intent of the requirement is satisfied by the perimeter landscaping and increased setbacks along Jamboree Road. Landscaping. 10% of entire site. 3 foot wide landscape area shall Complies. The requirement of landscaping for an area be provided to screen the parking area from the equal to 10% of the site is adequately addressed by the public right -of -way (alley). A 3 foot wide landscape requirements of the Koll Center Planned Community area adjacent to the interior property lines shall be District Regulations which govern the entire project. The provided. project provides 28% site landscaping which exceeds the minimum requirement. A landscape plan for the entire project is required and will be approved for the project. Lighting: Parking lot and site illumination height and intensity: Complies. to minimize the reflection of lights to the streets and neighboring properties. Utilities All utilities required to be undergrounded. Complies. Supply Storage Supply storage to be contained within a building. Complies. Refuse Storage Refuse storage outside of a building shall be hidden Complies. The site plan identifies two separate trash from view by a solid masonry wall 6 feet in height enclosures for the project, one for each building, screened with self- locking gates. from view by 6 ft. solid masonry walls. Staff is of the opinion that the on -site development standards as they apply to site, off - street parking and wall requirements should be waived if the Planning Commission approves this application, Amendment No. 876 Use Permit No. 3635 Page 8 1 since the granting of the waiver will generally achieve the same results as would strict compliance with the requirements of Chapter 20.82. Traffic Study 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 of the Municipal Code and Council Policy L -18. The City Traffic Engineer has identified five intersections which could be affected by the proposed project. Each of these intersections are identified on page 22 and on Exhibit A of the attached traffic study. The traffic study indicates that the proposed project will have an impact on the level of service at the following two intersections: Jamboree Road at Campus Drive and MacArthur Boulevard at Jamboree Road. The project increases the AM peak hour ICU value from .92 to .93 and from .94 to .95, respectively. However, the following improvements (shown on Table 9), will reduce the ICU value to less than 0.90 and mitigate the project impacts. The required improvements are as follows: For the intersection of Jamboree Road at Campus Drive, the existing westbound lane configuration should be re- striped to include one left turn lane and one shared through and left turn lane, one through lane and one right turn lane. For the intersection of MacArthur Boulevard at Jamboree Road, an additional northbound right tam lane on MacArthur Boulevard should be provided. The re- striping improvement at Jamboree Road and Campus Drive is a fairly small requirement from a cost point of view. It is, therefore, an appropriate condition to attach to this project approval. The improvement identified at MacArthur Boulevard and Jamboree Road, however, is a widening project of substantial cost and complexity. As a result, staff presents this analysis in relation to recent court decisions regarding the imposition of conditions whose costs are not "roughly proportional" to the project's impact, as well as from the typical Traffic Phasing Ordinance methodology. Rough Proportionality The improvement identified at MacArthur Boulevard and Jamboree Road has not yet been designed and the actual cost of construction has not been estimated. The City's Traffic Engineer has, however, indicated that the improvement is substantial in nature, requiring the acquisition of right -of -way and the widening of a strtet. Since the project under consideration only contributes 2 trips to the critical movement which already has 376 (less than .5 % of the total), which causes the ICU to increase from .94 to .95, burdening this project with the full cost of this improvement could be considered not roughly proportional to the project's traffic impacts. Should the City approve the project with the improvement requirement, it is possible that the applicant would challenge the legality of the condition, and perhaps call into question the validity of the Traffic Phasing Ordinance generally. Amendment No. 876 Use Permit No. 3635 Page 9 6 �- Traffic Phasing Ordinance Provisions The basic standard for approval of a project pursuant to the Traffic Phasing Ordinance (TPO) is summarized below: 1. The project will neither cause nor make worse an unsatisfactory level of service on any "major, " " prinumy- niodifued " or "primacy" street; or 2. The project is required to construct major improvements to the circulation system such that: • An unsatisfactory level of service will not be caused or made worse at any intersection for which there is an identified improvement; and • The benefits to traffic circulation resulting front the major improvements substantially outweigh the increased traffic congestion at impacted, but unimproved intersections; and • There is an overall reduction in intersection capacity utilization at impacted intersections, taking into account peak hour traffic volumes at those intersections, because of improvements required of the project. In order to comply with this standard contained in the TPO, the improvements identified in the traffic study must be made conditions of approval, because they are feasible. The TPO does provide for relief from this mandate if certain findings can be made, as follows: 1. The time and money to complete the improvement is so clearly disproportional to the size of and traffic generated by, the project that it would be unreasonable for the City to condition the project on completion of the improvement; and 2. There is a strong likelihood construction of the improvement will commence within 48 months from the date of project approval. This finding cannot be made unless the following has been accomplished: • Conceptual plans have been prepared in sufficient detail to permit preparation of cost and funding estimates, • Cost and funding estimates have been prepared, • The improvement is copsistent with the General Plan, • An account has been established by the City to receive contributions to the project, and 3. Approval of the project is conditioned upon the payment of a fee to fund the project the amount of which is determined by the Traffic Engineer to be proportional to the project's traffic when compared to other traffic anticipated from other development which will occur from the date of approval to completion of the improvement, and Amendment No. 876 Use Permit No. 3635 Page 10 x 4. The financial contribution outweighs the project's temporary impact on the unimproved intersection. t In this case, staff is of the opinion that findings 1. 3 and 4 can be made, since the cost of the improvement is considered by the Traffic Engineer to be clearly disproportional to the project's impact, a proportional fee could be established, and the project's contribution to the overall function of the intersection is relatively small. However. finding 2 cannot be made at this time, because improvement plans, cost and funding estimates and establishment of an account to receive funds have not been completed. Therefore, this project does not qualify for approval pursuant to these findings, and can only be approved by 4 /5ths of the members of the Planning Commission eligible to vote. In the case of a seven member Commission, this ratio equates to 6 affirmative votes. There are facts present, however, which could provide sufficient rationale for approval, consistent with the intent and spirit of these findings. Growth Management Area 8 (GMA -8), of which the City is a member pursuant to the County's Congestion Management Program, has initiated study of improvements to the intersection of MacArthur Boulevard and Jamboree Road. The Newport Beach Traffic Engineer has been authorized to retain a consultant to design and provide cost estimates for improvements which will satisfy the TPO requirement for this project. It is also the opinion of the Traffic Engineer that it is highly likely that the improvements can be accomplished within a 48 month time frame. So, while strict compliance with funding 2 above cannot be found, an exception to the TPO may be justified in this case. t Conclusion While no specific findings are set forth in the Code for the approval of an amendment to Planned Community District Regulations and Development Plans. staff is of the opinion that the proposed changes are consistent with the Land Use Element of the General Plan since restaurant uses are permitted uses in this area. The proposed location of the additional restaurant building and the proposed conditions under which it will be operated or maintained are consistent with the General Plan and the purpose and intent of the Planned Community in which the site is located. Adequate parking is provided and the project is located within a large commercial office center and therefore is compatible as a support use with the existing surrounding development. Section 20.91.035 of the Newport Beath Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Based upon the analysis contained in this report, it could be found that the findings for approval of the use permit can be made for the proposed take- out/drive -thru restaurant since the proposed drive - thru restaurant and food service building will comply with the objectives of the Koll Center Amendment No. 876 Use Petmit No. 3635 Page 11 q the site as proposed. Because of the site's location in an office park planned community, there is little potential for problems associated with hours of operation and noise generated by the proposed restaurant operation. It can also be found that the physical attributes of the proposed site improvements limited by the reciprocal parking and ingress and egress arrangements, complicate the ability to bring the property into full compliance with the provisions of Chapter 20.82 of the Municipal Code with regard to walls. In addition, staff also believes that the provisions of the Koll Center Planned Community District Regulations adequately address site requirements and provide for uniform landscape treatment throughout the center to offset the requirements of perimeter walls. It can also be found that the project meets the intent of the Traffic Phasing Ordinance, because although adverse impacts to two intersections have been identified, a feasible improvement suitable to the scope of the project has been identified for Jamboree Road and Campus Drive, and the spirit and intent of the requirements to assess a proportional contribution to an improvement at Jamboree Road and MacArthur Boulevard are met. It should be noted, however, that the project does not actually meet all of the requirements for this proportional assessment, so six affirmative votes are required to approve the project pursuant to the Traffic Phasing Ordinance. Should the Planning Commission wish to approve Use Permit No. 3635, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. It is also possible to make findings for denial of this project. The project's inability to provide the required off - street parking could result in traffic and parking problems that will negatively impact the surrounding commercial uses. Also, an additional restaurant site would create a high concentration of convenience food services in that location which may result in additional traffic, parking and circulation problems in and around the site. Should the Planning Commission wish to deny this project, the findings set forth in Exhibit `B" are suggested. Submitted by: Prepared by: PATRICIA L. TEMPLE MARC W. MYERS Planning Director Associate Planner �tG ta Attachments: Exhibit "A" Exhibit "B" Appendix Traffic Study Parking Demand Study Plot Plan, Floor Plan and Elevations F: WSERSPLNISHAREDU PLANC0M11 9 9810 7- "76.DOC Amendment No. 876 Use Permit No. 3635 Page 12 .� EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Amendment No. 876, Use Permit No. 3635, and Traffic Study No. 116 A. Planned Communitv Amendment No. 876: Adopt Resolution No. (Attached), recommending to the City Council the approval of PC Amendment No. 876, increasing the number of restaurant sites in Office Site "G" to three sites and, permit eating and drinking establishments throughout the Koll Center Planned Community per Title 20 of the Municipal Code. B. Use Permit No. _635 Findings: The proposed development is consistent 6vith the General Plan since the property is designated for "Administrative, Professional & Financial Commercial" uses by the Land Use Element of the General Plan. The proposed use is consistent with this designation. 2. The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction), and Class 5 (Minor Changes in Land Use Regulations). 1 3. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through, or use of property within the proposed development. 4. The restaurant development standards as they pertain to site size, off - street parking and wall requirements, meet the purpose and intent of the development standards of the Municipal Code for restaurants (eating and drinking establishments) and will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: • Walls would adversely impact existing traffic circulation on the subject property. • The restaurant facility complies with the landscape requirements of the Koll Center Planned Community Regulations. • The number of parking spaces adequately serves the proposed uses because the site is located in close proximity to major pedestrian generators. 5. The proposed parking lot lighting will not adversely affect the surrounding properties since the subject property is surrounded by commercial uses which primarily function during daytime hours. Amendment No. 876 Use Permit No. 3635 Page 13 ,rti 6. • Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. The approval of Use Permit No. 3635 to establish a fast food restaurant with drive -thru food service and waive a portion of the required parking will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The proposed restaurant use is consistent with the legislative intent of Title 20 of the Municipal Code. • The proposed restaurant use is consistent with the intent and purpose of the Koll Center Planned Community Development Plan. • The restaurant use is compatible with the surrounding professional office commercial uses in the area since restaurant uses are typically a support use. • The project will not result in any significant environmental impact. • The proposed development fully conforms to the established development standards of the Kell Center Planned Community. • The proposed use is a continuation of the existing food service use which serves the neighboring commercial uses and visiting business people in the area. • The nearby commercial uses will not be adversely affected by the proposed change since the proposed uses are similar, and consistent with the General Plan. • That the off - street parking spaces which exist in the common lot are for the benefit of the proposed establishment and the other uses on the subject property. • The number of parking spaces provided for the project is adequate based on the Parking Demand Study. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. One parking space for each 59 sq. ft. of gross floor area, plus 2 spaces for overage (63 spaces) shall be provided on -site. 3. The gross floor area of the fast food take -out restaurant (Burger King) shall be limited to a maximum of 2,531 sq. ft. 4. The development standard pertaining to off - street parking requirements and perimeter walls shall be waived. Amendment Flo. 876 Use Permit No. 3635 Page 14 5� 5. The hours of operation shall be limited to between the hours of 6:00 a.m. and 12 midnight, daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 6. The service of alcoholic beverages shall be prohibited, unless an amendment to this use permit is first approved. 7. The project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 8. The area outside of the food establishment, including the common walkways, shall be maintained in a clean and orderly manner. 9. All landscape island curbs at the end of the parking spaces shall be shortened by two feet at each end to facilitate access in and out of the parking spaces. 10. The trash enclosure adjacent to the drive -thru lane shall be relocated so that it does not block sight distance of patrons leaving the site from the drive -thru lane. 11. The final design of all on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to the approval of the City Traffic Engineer. f 12. All employees shall park on -site. 13. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 14. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 15. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 16. A washout area for refuse containers shall 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. 17. The operator of the food service use shall be responsible for the clean-up of all on -site and off -site trash, garbage and litter generated by the use and shall submit a detailed plan for the policing of the surrounding vicinity for compliance with this condition. 18. 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 Amendment No. 876 Use Permit No. 3635 Page 15 �a 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. 19. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Standard Reouirements Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District 2. 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. 3. The proposed restaurant facility and related parking shall conform to the requirements of the Uniform Building Code. 4. The project shall comply with State Disabled Access requirements. 5. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 6. The proposed monument sign at Jamboree Road shall be located in compliance with the City's Sight Distance Standard 110 -L so that it does not block sight distance. 7. All improvements shall be constructed as required by Ordinance and the Public Works Department. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. Trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility, but not located on or within any public property or right -of -way, unless otherwise approved by the Public Works Department. 10. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 11. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash Amendment No. 876 Use Permit No. 3635 Page 16 dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 12. The applicant shall maintain the trash dumpsters or receptacles so as to control odors. This may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 13. Trash generated by the establishment shall be adequately contained in sealed plastic bags to control odors prior to placement in the trash dumpster. 14. Intersections of public streets and private drives shall be designed to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. 15. 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. A traffic control plan shall be reviewed and approved by the Public Works Department. There shall be no construction storage or delivery of materials within the Birch Street or Jamboree road rights -of - -way. 16. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food establishment_ unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. C. Traffic Studv No. 116 Findines: That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak -hour traffic and c%culation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy L -18. 2. That the Traffic Study has been reviewed by the City Traffic Engineer and found to be in compliance with the Traffic Phasing Ordinance. That the Traffic Study indicates that the project - generated traffic will cause and make worse an unsatisfactory level of traffic service on one or more 'major; 'primary- modified; or 'primary' streets; however, the benefits outweigh the anticipated negative impact on transportation facilities. Am;ndment No. 876 Use Permit No. 3635 Page 17 �-o 4. The cost of one of the identified mitigation measures for the intersections is not proportional to the size of this project and therefore, not likely to be implemented as a result of this single project. Conditions: 1. Prior to the issuance of a Certificate of Occupancy, the applicant shall have completed the improvement identified in the Traffic Study for the intersection of Jamboree Road and Campus Drive. 2. Prior to the issuance of a building permit, the City Traffic Engineer shall determine, and the applicant shall pay a fee proportional to the projects impact to the intersection at Jamboree Road and MacArthur Boulevard as defined by the Traffic Phasing Ordinance. Amendment No. 876 i Use Permit No. 3635 Page 18 lr l If EXHIBIT "B'• FINDINGS FOR DENIAL OF Amendment No. 376, Use Permit No. 3635, and Traffic Study No. 116 Findings: 1. The proposed project would be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood and be detrimental to the general welfare of the City because the project site cannot provide off -street parking to accommodate the proposed use. 2. The proposed project is inconsistent with the legislative intent of Title 20 of the Municipal Code since the project does not provide off - street parking to accommodate the proposed use. 3. The parking demand for the proposed project will not be less than the parking requirement in Section 20.66.030 of the Municipal Code. 4. The proposed project is inconsistent with the intent and purpose of the Koll Center Planted Community Development Plan since Office Site G only allows two restaurant sites. Amendment No. 876 Use Permit No. 3635 Page 19 0 LOCATION: 5180 Birch Street, Parcel 3, Map Book 198, Pages 27 and 28 ZONE: P.C. (Koll Center Planned Community) APPLICANT: Breckenridge Group (John Gantes, applicant), Rancho Santa Margarita OWNER: Timothy L. Strader, Newport Beach Expanded Traffic Study Analysis The attached traffic study satisfies the requirements of the City's Traffic Phasing Ordinance and Council Policy L -18. The trip generation forecasts are set forth in Table 2, located on Page 11 of the attached traffic study. A detailed explanation of the criteria used for the trip generation forecasts is set forth on Page 7 of the traffic study. The City Traffic Engineer has identified five intersections which could be affected by the proposed project. These intersections are shown on Exhibit A, located on Page 22 of the attached traffic study. The first step in evaluating intersections is to conduct a one percent traffic volume analysis, taking into consideration existing traffic, regional growth, and committed projects' traffic. For any intersection where, on any approach leg, project traffic is estimated to be greater than one percent of the projected 2%: hour volume in either the morning or afternoon, an Intersection Capacity Utilization (ICU) analysis is required. Based on an analysis of each of the five intersections, the increase in traffic at each intersection leg exceeded 1% of the projected 2 -V2 hour morning and afternoon peak traffic on three of the intersections and was less than 1% on two of the intersections, as indicated on Table 7, located on Page 25 of the attached traffic study. An Intersection Capacity Utilization (ICU) analysis was prepared for each of the above noted three intersections. As indicated in Table 8, located on Page 31 of the attached traffic study, the ICU values during the A.M. peak for these three intersections exceeded 0.90. Amendment No. 876 Use Permit No. 3635 Page 20 t RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE KOLL CENTER PLANNED COMMUNITY DEVELOPMENT REGULATIONS TO INCREASE THE NUMBER OF ALLOWABLE RESTAURANT SITES IN OFFICE SITE G TO THREE SITES, AND AMEND THE KOLL CENTER PLANNED COMMUNITY DEVELOPMENT REGULATIONS TO PERMIT EATING AND DRINKING ESTABLISHMENTS THROUGHOUT KOLL CENTER PLANNED COMMUNITY AS PER TITLE 20 OF THE MUNICIPAL CODE. WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.35.050 of the Newport Beach Municipal Code provides that amendments to a Planned Community Development Plan must be approved by the Planning Commission setting forth particulars of the amendment; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, an amendment to the Koll Center Planned Community Development Regulations is, necessary „in order to allow for a third restaurant site to be located in Office Site G; and WHEREAS, the proposed change to add a restaurant site to Office Site G is consistent with the General Plan since the site is designated as APF, and restaurant uses are Amendment No. 876 Use Permit No. 3635 Page 2l t considered support commercial uses within this designation and are compatible with the surrounding uses as a support use since it there are existing restaurant uses on the site; and WHEREAS, an amendment to the Kell Center Planned Community Development Regulations is necessary in order to regulate the establishment of eating and drinking establishments throughout Koll Center Planned Community consistent with Title 20 of the Newport Beach Municipal Code; and WHEREAS, on July 9, 1998, the Planning Commission of the City of Newport Beach conducted a public hearing regarding Amendment No. 876 at which time this Planned Community amendment to the Koll Center Planned Community Development Regulations was discussed and determined to be consistent with the goals of the Newport Beach General Plan and the intent of the Koll Center Planned Community Development Guidelines; and WHEREAS, pursuant to the California Environmental Quality Act, the project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction). \OW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve Amendment No. 876 to change the allowable number of restaurant sites in Office Site G of the Koll Center Planned Community Development Regulations from 2 to 3 restaurant sites and amend the written text to include the provision that the approval of eating and drinking establishments (Restaurants, Bars, Theaters and/or Nightclubs) shall be subject to the requirements of Title 20 of the Municipal Code. All sections of the Koll Center Planned Community Development Regulations that refer to the establishment of eating and drinking Amendment No. 876 Use Permit No. 3635 Page 22 t, establishments (Restaurants, Bars, Theaters and/or Nightclubs) shall be amended to include the following text: "...subject to the procedures, regulations and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each case." The following sections shall be amended to include the aforementioned phrase to the text. The changes shall be made to the Koll Center Planned Community Development Regulations including, but not limited to the following sections: • Section II, B., 4 (page 11) • Section II, Group I, D (page 25) • Section II, Group 1, G., 2 (page 26.1) • Section II, Group V, A. (Page 27) • Section II, Group VI, A., 1., a., b. (Page 27) IC M ADOPTED this 9`" day of July. 1998, by the following vote, to wit: Michael C. Kranzley, Chairman Thomas J. Ashley, Secretary AYES: NOES: ABSENT: Amendment No. 876 Use Permit No. 3635 Page 23 BIRCH ST. /JAMBOREE RD, BURGER KING TRAFFIC PHASING ORDINANCE ANALYSIS Newport Beach, California �i 61 r R K JK & ASSOCIATES INC. May 12, 1998 Mr. Rich Edmonston Planning Department CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: Birch Street /Jamboree Road Burger King Traffic Phasing Ordinance Analysis Dear Mr. Edmonston: RKJK & ASSOCIATES, INC. is pleased to submit the Birch Street /Jamboree Road Burger King Traffic Phasing Ordinance Analysis. This report provides a summary of the findings, analysis procedures and evaluation of the proposed project, for peak period and peak hour conditions, including site access, and on -site circulation pursuant to City of Newport Beach requirements. Based upon this review, the project can be accommodated within the planned circulation system, with off -site improvements. In addition, the site access and on- site circulation are adequate for the project site. If you have any questions regarding this study, please do not hesitate to call at (714) 474 -0809. Sincerely, RKJK & ASSOCIATES, y� QpdFESS /Qnrq! Pw w Q yy ym Z3 6 Robert Kahn, P.E. NO 0655 Tom Huang, EIT Principal EXP 12/31101 Transportation Engineer RK:TH:kgd /8005 JN:0559 -98 -01 TRAM ?P. iRTATICIN PLANNING • 4 ;Iti • TRAFFIC ACOL- STICAL ENGINEERING U 1601 Dove Street. Suih1 290 • Newport Reach. L:A 9261,0 • Phone: x949- 474 -0809 • Fax: 19491 474 -0902 BIRCH STREET /JAMBOREE ROAD BURGER KING TRAFFIC PHASING ORDINANCE ANALYSIS NEWPORT BEACH, CALIFORNIA Prepared for: CITY OF NEWPORT BEACH Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Prepared by: RKJK & ASSOCIATES, INC. 1601 Dove Street, Suite 290 Newport Beach, CA 92660 Robert Kahn, P.E. Tom Huang, EIT May 12, 1998 JN:0559 -98 -01 RK:TH:kgd /8005 0 TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION AND BACKGROUND ....................... 1 II. PROJECT DESCRIPTION . ............................... 4 III. TRIP GENERATION AND DISTRIBUTION ..................... 7 A. Project Trip Generation B. Project Trip Distribution IV. TRAFFIC IMPACT ANALYSIS ............................. 20 A. Traffic Phasing Ordinance Committed Projects B. Regional Traffic Growth C. Study Intersections D. Determination of Impacted Intersections V. INTERSECTION CAPACITY UTILIZATION ANALYSIS ............ 27 VI. SITE ACCESS AND ON -SITE ISSUES ....................... 33 A. Site Access B. On -Site Parking VII. SUMMARY .......... ............................... 35 APPENDICES ONE PERCENT VOLUME ANALYSIS WORKSHEETS ................ A ICU WORKSHEETS ........ ............................... B TRIP GENERATION STUDY (FEBRUARY 23, 1998) ................. C PARKING STUDY (APRIL 20, 1998) ........................... D L I LIST OF EXHIBITS EXHIBIT PAGE A LOCATION MAP .... ............................... 5 B SITE PLAN ........ ............................... 6 C PROJECT INBOUND TRIP DISTRIBUTION .................. 8 D PROJECT OUTBOUND TRIP DISTRIBUTION ................. 9 E PROJECT AM PEAK HOUR TRAFFIC VOLUMES .............. 16 F PROJECT PM PEAK HOUR TRAFFIC VOLUMES .............. 17 G EXISTING AM PEAK HOUR TRAFFIC VOLUMES ............. 18 H EXISTING PM PEAK HOUR TRAFFIC VOLUMES .............. 19 I YEAR 2000 AM PEAK HOUR TRAFFIC VOLUMES ............ 28 J YEAR 2000 PM PEAK HOUR TRAFFIC VOLUMES ............ 29 t1l LIST OF TABLES TABLE PAGE 1 LAND USE SUMMARY ............................... 10 2 TRIP GENERATION RATES ............................ 11 3 PROJECT TRIP GENERATION .......................... 13 4 NET TRIP GENERATION WITH PASS -BY TRIPS .............. 14 5 COMMITTED PROJECTS LIST .......................... 21 6 REGIONAL TRAFFIC ANNUAL GROWTH RATES ............. 23 7 ONE PERCENT ANALYSIS SUMMARY .................... 25 8 YEAR 2000 INTERSECTION CAPACITY UTILIZATION SUMMARY (WITH EXISTING LANE CONFIGURATION) ... ............................... 31 9 YEAR 2000 INTERSECTION CAPACITY UTILIZATION i SUMMARY (WITH IMPROVED LANE CONFIGURATION) ........ 32 Ja BIRCH STREET /JAMBOREE ROAD BURGER KING TRAFFIC PHASING ORDINANCE ANALYSIS NEWPORT BEACH, CALIFORNIA INTRODUCTION AND BACKGROUND This report presents the traffic impact analysis for the proposed Burger King located at the southwest corner of the intersection of Jamboree Road at Birch Street in the City of Newport Beach. As required in Newport Beach for all new development projects exceeding 10,000 square feet or generating greater than 300 daily vehicle trips, the traffic analysis conforms to the Traffic Phasing Ordinance analysis procedures specified by the City. The Traffic Phasing Ordinance study format requires that project traffic impacts be presented in progressive analysis steps. Following a description of the project location and site plan, the trip generation and distribution for the proposed project are presented. Traffic impacts at intersections are then determined for AM and PM peak hours. The traffic analysis is conducted at a time frame one year after the proposed completion of the project. This time frame is selected because traffic from the project is assumed to have reached a stabilized flow condition that is typical of project traffic conditions. Traffic from other projects, which have been previously approved by the City of Newport Beach (committed projects) but which are not completed or currently generating traffic, is included in the analysis. Information on committed projects and their traffic are furnished by the City. Arterial roadways in the City which carry a regional traffic component are also identified by the City. Because the traffic volume which represents the regional traffic component increases without regard to the 1 J3 approval of projects within the city, the regional traffic growth component must be { accounted for separately. As with committed project traffic, the annual regional growth rate for the study area is specified by the City. With the completion of this project contemplated in the Fall of 1999, assuming approval by the City, the analysis year for this project has been assumed to be 2000. Project traffic is then combined with existing, committed project and regional growth traffic to simulate traffic conditions during the analysis year. Project traffic volumes are first subjected to a one - percent test at study intersection locations. Project traffic on each intersection approach during the AM and PM two and one -half hour peak periods is compared to one percent of the traffic projected to exist in the analysis year without the project. If the project traffic volume is greater than or equal to one percent of the intersection approach volume, further analysis must be completed at this intersection location during the peak hours. Intersection analysis during the peak hour is performed using the Intersection Capacity Utilization (ICU) methodology. The ICU methodology expresses intersection performance in terms of the degree of capacity utilization for critical lane groups of the intersection. An intersection which is operating with an ICU of 1.00 is said to be operating at capacity. The Traffic Phasing Ordinance requires that intersections operate at an ICU of 0.90 or less during AM and PM peak hours. If the ICU with project traffic is projected to exceed 0.90, a mitigation improvement must be proposed which will cause the ICU during that time period to be reduced to an acceptable level. For the purposes of the analysis, the incremental increase in intersection capacity due to the improvement must be limited to 70 percent of it's value to insure some reserve capacity. 2 °— In addition to the intersection analysis, the report provides a review of on -site traffic circulation, and site access from the adjoining street system. 3 �5 •ROJECT DESCRIPTIQN i he project site, located at the southwest corner of the intersection of Birch Street at Jamboree Road in the City of Newport Beach, is proposed for development as a Burger King and a food service facility. The site location with respect to the surrounding area is shown in Exhibit A. The site currently includes a 7,500 square foot building that was previously used as a Carrow's (high turnover sit -down) restaurant. Carrow's restaurant has recently closed and a Burger King and a food service facility is being planned for the site. The food service facility will include two full service small scale restaurants. The project site is located directly south of the existing Newport Harbor Municipal Court which generates a substantial amount of pedestrian traffic, which is anticipated to utilize the Burger King and the food service facility. As a result of this, it is anticipated that a significant portion of patronage will come from walk -in and pass -by traffic. As shown in the site plan (Exhibit B) the project includes a 2,531 square foot Burger King restaurant with drive -thru and a food service facility of 2,570 square feet which is anticipated to be used as two full service small scale restaurants. The project site includes a total of 63 on -site parking spaces. Entry to the site will be via the existing right -in /right out only access driveways on Birch Street and Jamboree Road. The driveway on Jamboree Road is shared with an existing Wienerschnitzel fast food restaurant and an existing office building. n V !r � EXHIBIT A LOCATION MAP 10 = STUDY AREA INTERSECTION N m5iom 11 EXHIBIT B SITE PLAN \ I AY " did s. Aw i i SP � KJwt '1 � TRIP GENERATION AND DISTRIBUTION This section of the report discusses project trip generation and trip distribution. Trip generation rates which are appropriate for the project are identified and the resulting trip generation is determined. RKJK has previously prepared a trip generation study dated February 23, 1998 for the preliminary site plan. The trip generation study is included in Appendix "C ". The distribution patterns that project trips will then use for routing through the roadway network are identified and depicted graphically in Exhibits C and D. Project Trio Generation The site currently includes a 7,500 square foot building that was previously used as a Carrow's high turnover sit -down restaurant. The Carrow's restaurant has recently closed and a Burger King and a food service facility is being planned for the site. The food service facility will include two full service small scale restaurants. The project site is located directly south of the existing Newport Harbor Municipal Court which generates a substantial amount of pedestrian traffic, which is anticipated to utilize the Burger King and the food service facility. As a result of this, it is anticipated that a significant portion of patronage will come from walk -in and pass -by traffic. As shown in the site plan on Exhibit B, the project includes a 2,531 square foot Burger King restaurant with drive -thru and a food service facility of 2,570 square feet to be used as two full service small scale restaurants. The project site includes a total of 63 on -site parking spaces. The gxisting and proposed uses for the site are quantified in Table 1. The trip generation rates used for this study are included in Table 2. Trip generation has been based upon trip rates which occur during the peak hour of the street, which 7 1I EXHIBIT C PROJECT INBOUND TRIP DISTRIBUTION IU = YL'ILNI IU YKUJGUI N i � S; EXHIBIT 0 PROJECT OUTBOUND TRIP DISTRIBUTION LEGENDi 10 = PERCENT FROM PROJECT 5 SIT J 1 5 N RKJK--�► i TABLE 1 LAND USE SUMMARY DEVELOPMENT LAND USE CATEGORY SIZE (TSF)' Existina Use Carrow's High Turnover Restaurant 7.500 Proposed Uses Burger King Fast Food W /Drive -Thru 2.531 Food Service High Turnover Restaurant 2.570 TSF = thousand square feet of building. 10 ME TABLE 2 TRIP GENERATION RATES LAND USE UNITS PEAK -HOUR RATES DAILY AM PM IN OUT IN OUT High Turnover Sit Down Restaurants TSF 4.82 4.45 6.52 4.34 130.34 Fast Food Restaurant W /Drive Thru TSF 25.43 24.43 17.41 16.07 496.12 11 �3 usually occurs between 7 to 9 AM and 4 to 6 PM. This is typical practice in the City of Newport Beach and Orange County. Based upon the ITE Trip Generation rates, the 1 project trip generation was calculated and is shown in Table 3 The trip generation included in Table 3 does not take into account pass -by or diverted and additional pedestrian oriented trips which are a result of the specific location of the site. The previous use ( Carrow's) would generate 978 trip -ends per day with 69 vehicles per hour during the AM peak hour and 82 vehicles per hour during the PM peak hour. The proposed uses would generate 1,591 trip -ends per day with 149 vehicles per hour during the AM peak hour and 113 vehicles per hour during the PM peak hour. In order to properly assess the net difference in trip generation between the existing and proposed uses, the actual net trip generation must be determined. This takes into account both the overall trip generation and the net trip reduction as a result of pass - by /diverted trips and walk -in trips. RKJK utilized the factor of at least 45 percent for the pass -by /diverted and walk -in traffic for the fast food restaurant and approximately 20 percent for the high turnover sit -down restaurant and full service small scale restaurant. The net trip generation for both the existing Carrow's restaurant and the proposed Burger King and the food service facility is shown in Table 4. The Carrow's restaurant would generate a net trip generation of 782 trip -ends per day with 55 vehicles per hour during the AM peak hour and 65 vehicles per hour during the PM peak hour. The proposed use would generate 959 net trip -ends per day with 88 vehicles per hour during the AM peak hour and 70 vehicles per hour during the PM peak hour. L� 12 `A TABLE 3 PROJECT TRIP GENERATION PROJECT TRIP GENERATION PROPOSED USE PEAK -HOUR DAILY AM PM IN OUT IN OUT Carrow's 36 33 49 33 978 PROPOSED USE DIFFERENCE PEAK -HOUR AM PM DAILY IN OUT IN F OUT Burger King 64 62 44 41 1,256 Food Service 12 11 17 11 335 TOTAL 76 73 61 52 1,591 DIFFERENCE 13 g5 PEAK -HOUR AM PM IN OUT IN OUT DAILY Existing Use 36 33 1 49 33 978 Proposed Use 76 73 61 52 1,591 Difference +40 +40 +12 +19 +613 13 g5 TABLE 4 NET TRIP GENERATION WITH PASS -BY TRIPS EXISTING USE PROPOSED USE PASS -BY % PEAK -HOUR DAILY AM PM IN OUT IN OUT Carrow's 20 29 26 39 26 782 :] PROPOSED USE NET DIFFERENCE PASS -BY % PEAK -HOUR DAILY AM PM IN OUT IN OUT Burger King 45% 35 34 24 23 617 Food Service 20% 10 9 14 9 268 TOTAL +6 45 43 38 32 959 NET DIFFERENCE MCl .• PEAK-HOUR DAILY AM PM IN OUT IN OUT Existing Use 29 26 39 26 782 Proposed Use 45 43 38 32 959 DIFFERENCE +16 17 -1 +6 +177 MCl .• The net difference in trip generation between the proposed and existing use of the site is also shown in Table 4. The proposed use would result in a net increase in trip generation of 177 trip -ends per day with 33 vehicles per hour during the AM peak hour and 5 vehicles per hour during the PM peak hour, based upon the ITE Trip Generation rates Peak hour trip generation is used to assess the project's traffic impacts using the Intersection Capacity Utilization methodology as required by the Traffic Phasing Ordinance. However, before the ICU calculations are performed, determination of impact to an intersection is first assessed through a One Percent Test. The One Percent Test reviews traffic flows during the morning and evening two and one -half hour peak periods. Prog =ct Trio Distribution Trip distribution represents the directional orientation of traffic to and from the project site. The inbound and outbound trip distribution patterns for the project are graphically depicted on Exhibits C and D. The assignment of traffic from the site to the adjoining roadway system has been based upon the site's trip generation, trip distribution, and surrounding arterial highway and local street systems. Based on the identified project traffic generation and distribution, project related AM and PM traffic volumes are shown on Exhibits E and F. The existing AM and PM traffic volumes are shown on Exhibits G and H. 15 N EXHIBIT E PROJECT AM PEAK HOUR TRAFFIC VOLUMES f �JK-� BIRCH STREETTAMBOREE ROAD BURGER KING, Newport Beach, California 0559- 98- 01:07A R INt EXHIBIT F PROJECT PM PEAK HOUR TRAFFIC VOLUMES 0959-98 -01 /JA R K) K-- BiRCR STREET JAMBOREE ROAD BURGER KING, Newport Beach, CoYtomio k ISmO1J6 p(0. 0q EXHIBIT G EXISTING AM PEAK HOUR TRAFFIC VOLUMES 0559-98-01:02A R �JK--- BIRCH JA STREET UBOREE ROAD BUflGER KING, Newport Beatty, Calilamio a Afwmm wt qo EXHIBIT H EXISTING PM PEAK HOUR TRAFFIC VOLUMES N aaa ac " 1�- a�o TRAFFIC IMPACT ANALYSIS f This section of the report discusses the impact of project traffic determined in the previous report section. Project impacts are assessed one year after the project is estimated for completion so that the project traffic has the opportunity to stabilize at its projected value. Because the overall level of traffic which will occur at that time is made up of different components, each traffic component is estimated separately and then combined to forecast the total level of traffic at each study intersection. Traffic Phasing Ordinance Committed Projects One of the components of future traffic is committed projects traffic. Committed projects are projects which have been approved by the City of Newport Beach under the Traffic Phasing Ordinance. Because these projects are potentially under construction or are in their one -year maturity period, they are either not currently or are only partially generating traffic. As such, their traffic impacts are not reflected in j the peak hour intersection traffic counts provided by the City. To account for this traffic component, the City maintains a database which tracks the committed projects traffic at each City intersection. The City then provides this committed projects traffic for the analysis year of the proposed project to the traffic consultant preparing the report. The committed projects are listed in Table 5. Pursuant to the City staff, 80% of the trip generation is assumed for all the committed projects at one year after the opening of the proposed project as a result of the a potential interaction of these projects. 20 C�� TABLE 5 COMMITTED PROJECTS LIST PROJECT NUMBER -T I PROJECT NAME CURRENT PERCENT OF OCCUPANCY 121 Newport Village 00% Occupancy 124 Civic Plaza 00% Occupancy 125 Corporate Plaza & West 12% Occupancy 129 Hoag Hospital Extension 2% Occupancy 134 Interpretive Center 00% Occupancy 142 Hoag Hospital Expansion 00% Occupancy 147 Balboa Bay Club Expansion 00% Occupancy 148 Fashion Island Expansion 00% Occupancy 152 Fletcher Jones Mercedes 00% Occupancy 154 Temple Bet YAHM Expansion 00% Occupancy 158 Corona Del Mar Plaza 00% Occupancy 157 Ford Development 00% Occupancy 158 TLA Drive -Thru Restaurant 00% Occupancy 555 CIOSA - Irvine Project 00% Occupancy 910 Newport Dunes 00% Occupancy 930 City of Irvine Dev. 00% Occupancy 21 `A iJP Recional Traffic Growth Another component of future traffic which must be determined for the traffic analysis is the amount of traffic which occurs due to regional growth. The regional traffic component represents traffic which essentially passes through the city on roadways within the City of Newport Beach. This traffic component maintains a growth trend which is not related to project approvals by the City of Newport Beach. The amount of annual growth is identified by the City for segments of roadways which carry regional traffic and is expressed as a percentage of the total traffic which was counted. The regional growth percentages are shown in Table 6. The future analysis year is Year 2000, and the existing counts are taken at Year 1997. For the approaches on Jamboree Road and MacArthur Boulevard, a growth factor of 1 percent per year for 3 years, which is a total of 3 percent, has been used in this study. Study Intersections Because the Traffic Phasing Ordinance focuses on the impacts to intersections during peak periods, the study intersections define the specific analysis locations within the city circulation system. These following intersections have been designated by the City staff for possible analysis in this report, and they are also shown on Exhibit A: Jamboree Road (NS) at: S i • Campus Drive (EW) • Birch Street (EW) • Bristol Street North (EW) • Bristol Street South (EW) 22 N c) �I TABLE 6 REGIONAL TRAFFIC ANNUAL GROWTH RATES' Street segments not listed are assumed to have 0% regional growth. 23 q5 PERCENT ROADWAY SEGMENT ANNUAL GROWTH JAMBOREE ROAD All Segments 1 MACARTHUR BOULEVARD All Segments 1 Street segments not listed are assumed to have 0% regional growth. 23 q5 MacArthur Boulevard (NS) at: • Jamboree Road (EW) Determination of Impacted Intersections The first assessment of the project's traffic is made to determine if the project significantly impacts an intersection. This is accomplished by analyzing intersection leg approach volumes at study intersections during the AM and PM two and one -half hour peak periods. This assessment is referred to as the "One Percent Test ". During these peak periods, the total traffic volume, estimated to occur in the traffic analysis year, on each leg of each study intersection is determined. The project's traffic contribution to the intersection leg is also identified and is compared to the total non - project traffic volume. If the project's contribution on each leg is less than one percent of the non - project total, the analysis for that intersection for that time period is concluded and no further analysis is required. However, if the one percent j threshold is equaled or exceeded, the intersection is said to be impacted by the project, and a peak hour analysis for that time period must be performed to determine the level of capacity utilization at the intersection. The results of the One Percent Test are shown in Table 7. Analysis worksheets for each intersection are included in Appendix "A ". The results of the analysis indicate that AM project volumes will exceed the one percent threshold at the three following intersections: Jamboree Road (NS) at: • Campus Drive (EW) • Birch Street (EW) 24 91 TABLE 7 ONE PERCENT ANALYSIS SUMMARY 25 q1 PROJECT VOLUME GREATER THAN OR EQUAL TO ONE PERCENT Of PEAK HOUR VOLUME INTERSECTION AM PM Jamboree Rd. (NS) at: • Campus Dr. (EW) Yes No • Birch St. (EW) Yes Yes • Bristol St. N. (EWI No No • Bristol St. S: (EW) No No MacArthur Blvd. (NS) at: Yes No • Jamboree Rd. (EW) 25 q1 MacArthur Boulevard (NS) at: • Jamboree Road (EW) Only one intersection, Jamboree Road at Birch Street, exceeds the one percent threshold for the PM peak period. z 26 `� INTERSECTION CAPACITY UTILIZATION ANALYSIS This section of the report presents the peak hour intersection analysis for the intersections which exceeded the one percent threshold. The Intersection Capacity Utilization (ICU) methodology is utilized for this analysis as required by the Traffic Phasing Ordinance. The ICU methodology expresses intersection performance in terms of the degree of capacity utilization for critical lane groups of an intersection. Capacity utilization is expressed as a volume -to- capacity (V /C) ratio in decimal percent for each approach lane group. Critical lane groups, whose movements conflict with each other (i.e., must move independently under the control of a unique signal phase) and have the highest V/C ratios, are then identified. The sum of V/C ratios for the critical lane groups constitutes the ICU value for the intersection. ICU calculations assume a lane capacity value of 1600 vehicles per hour of green time for both through and turn lanes and do not include a factor for yellow clearance time. ICU calculations are presented rounded to two decimal places. To operate an acceptable level of service, the Traffic Phasing Ordinance generally requires the ICU value for an intersection to be less than 0.90 with the contribution of project traffic. In situations where the ICU will exceed 0.90, the project must propose an improvement which will restore an acceptable level of service. The Year 2000 traffic volumes for the study intersections are shown on Exhibits I and r J. The traffic volumes are based on existing traffic volumes, annual regional growth and the trip generation for the proposed and committed projects. For the approaches on Jamboree Road and MacArthur Boulevard, a growth factor of 1 percent per year for 3 years, which is a total of 3 percent, has been used in this study. The results of 27 9q EXHIBIT I YEAR 2000 AM PEAK HOUR TRAFFIC VOLUMES N xAm'j as ' I �t r EXHIBIT J YEAR 2000 PM PEAK HOUR TRAFFIC VOLUMES N �!CjNK the Year 2000 ICU calculations are presented in Table 8. The Year 2000 ICU worksheets are included in Appendix "B ". As shown in Table 8, the ICU for the following two intersections will exceed 0.90 for the AM peak hour: Jamboree Road (NS) at: • Campus Drive (EW) MacArthur Boulevard (NS) at: • Jamboree Road (EW) However, with improvements shown on Table 9, all the analysis intersections will not exceed 0.90. The required improvements are listed as follows: For the intersection of Jamboree Road at Campus Drive: • Restripe existing westbound lane configuration to include one left turn lane, one shared through and left lane, one through lane, and one right turn lane. For the intersection of MacArthur Boulevard at Jamboree Road: • Provide an additional northbound right turn lane on MacArthur Boulevard. 1 30 I� TABLE 8 YEAR 2000 INTERSECTION CAPACITY UTILIZATION SUMMARY (WITH EXISTING LANE CONFIGURATION) When a right turn is designated, the lane can either be striped or unstriped. To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L - Left; T = Through; R - Right; > > - Free Right Intersection Capacity Utilization in Year 2000 with regional growth and Committed projects traffic. 3 NA - Not applicable (Project traffic lase than 1% of total traffic). 31 10 INTERSECTION APPROACH LANES' ICU' NORTH- SOUTH- EAST- WEST- WITHOUT WITH BOUND BOUND BOUND BOUND PROJECT PROJECT INTERSECTION L T R L T R L T R L T R AM PM AM PM Jamboree Rd. INS) at: • Campus Dr. (EW) 1 4 0 2 3 0 1.5 1.5 1>> 1 2 1 0.92 NA* 0.93 NA • Birch St. IEW) 1 3 0 1 3 1>> 1.5 0.5 1 > > 0 1 0 0.56 0.60 0.59 0.61 MacArthur Blvd. INS) et: • Jamboree Rd. (EW) 1 3 0 1 3 1>> 2 3 1>> 2 3 1>> 0.94 NA 0.95 NA When a right turn is designated, the lane can either be striped or unstriped. To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L - Left; T = Through; R - Right; > > - Free Right Intersection Capacity Utilization in Year 2000 with regional growth and Committed projects traffic. 3 NA - Not applicable (Project traffic lase than 1% of total traffic). 31 10 TABLE 9 YEAR 2000 INTERSECTION CAPACITY UTILIZATION SUMMARY (WITH IMPROVED LANE CONFIGURATION) ' When a right turn is designated, the lane can either be striped or unstriped. To function ea a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L - Left; T = Through; R - Right; > > - Free Right; 1 - Improved Lanes t Intersection Capacity Utilization in Year 2000 with regional growth and committed projects traffic. NA = Not applicable (Project traffic lase then 1 % of total trefficl. A 32 Ibl INTERSECTION APPROACH LANES' ICU' NORTH- SOUTH- EAST- WEST- WITHOUT WITH BOUND BOUND BOUND BOUND PROJECT PROJECT INTERSECTION L T R L T R L T R L T R AM PM AM PM Jamboree Rd. INS) et: • Campus Dr. (EW) 1 4 O 2 3 0 1.5 1.5 1 >> 1_5 1_5 1 0.83 NAL 0.84 NA • Birch St. (EW) 1 3 O 1 3 1>> 1.5 0.5 1 >> 0 1 0 0.56 0.60 0.58 0.61 MacArthur Blvd. INS) at: • Jamboree Rd. (EW) 1 3 1 1 3 1>> 2 3 1>> 2 3 1>> 0.87 NA 0.87 NA ' When a right turn is designated, the lane can either be striped or unstriped. To function ea a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes. L - Left; T = Through; R - Right; > > - Free Right; 1 - Improved Lanes t Intersection Capacity Utilization in Year 2000 with regional growth and committed projects traffic. NA = Not applicable (Project traffic lase then 1 % of total trefficl. A 32 Ibl SITE ACCESS AND ON -SITE ISSUES This section of the report presents a discussion of issues related to vehicle movement at the site including site access and on -site circulation. ,Site Access As shown on the site plan (Exhibit B), the project is located on the southwest corner of the intersection of Birch Street at Jamboree Road. Access to the site will be from the existing right -in /right -out only access driveways on Birch Street and Jamboree Road. The driveway on Jamboree Road is shared with the existing Wienerschnitzel fast food restaurant and an existing office building. There will be no significant problems related to site access. However, certain movements may require additional maneuvers or detour routes. Traffic entering the site southbound from Jamboree Road will turn right at the driveway on Jamboree Road. The returning traffic will exit at Birch Street and turn left at the Jamboree Road /Birch Street intersection to go northbound on Jamboree Road. Traffic entering the site northbound from Jamboree Road will make a U -turn right at the Jamboree Road /Birch Street intersection and then a right turn at the driveway on Jamboree Road. The returning traffic will exit at the driveway on Jamboree Road. Traffic entering the site eastbound from Birch Street will turn right at the driveway on Birth Street. The returning traffic would require a detour route, because no u -turns are permitted on Birch Street. Therefore, the return traffic would exit at Birch Street, 33 jt� 1 turn left at the Jamboree Road /Birch Street intersection, and then turn left the Jamboree Road /Campus Drive intersection to go westbound on Campus Drive. Another possible detour route is to exit at the driveway on Jamboree Road and then make a right turn at MacArthur Boulevard to return to Birch Street. On -Site Parking RKJK has previously prepared a parking study dated April 20, 1998 for the project. The parking study is included in Appendix "D ". Based on the findings of the parking study, the Burger King would require 45 parking spaces and the two full service small scale restaurants would require 18 parking spaces. Therefore, the total parking demand for the entire site is 63 parking spaces. Since the current site plan shows 63 parking spaces, the project does provide adequate parking. 34 jb� SUMMARY The proposed project would be located at the southwest corner of the intersection of Jamboree Road at Birch Street in the City of Newport Beach. There is an existing 7,500 square foot building previously used by Carrow's restaurant, and this building will be removed by the project. The proposed project will include a 2,531 square foot Burger King fast food restaurant and a 2,570 square foot food service facility. The food service facility is anticipated to be used as two full service small scale restaurants. The project site includes a total of 63 on -site parking spaces. Entry to the site will be via the existing right -in /right -out only access driveways on Birch Street and Jamboree Road. The driveway on Jamboree is shared with an existing Wienerschnitzel fast food restaurant and an existing office building. The previous use (Carrow's) would generate 978 trip -ends per day with 69 vehicles per hour during the AM peak hour and 82 vehicles per hour during the PM peak hour. The proposed project would generate 1,591 trip -ends per day with 149 vehicles per hour during the AM peak hour and 113 vehicles per hour during the PM peak hour. Based on the One Percent Test, the following three intersections are analyzed for peak hour intersection operations: Jamboree Road (NS) at: • Campus Drive (EW) • Birch Street (EW) MacArthur Boulevard (NS) at: • Jamboree Road (EW) 35 101 Based on the peak hour ICU analysis, two intersections exceed ICU of 0.90. The required improvements for the two intersections are as follows: Jamboree Road (NS) at Campus Drive (EW): • Restripe existing westbound lane configuration on Campus Drive to include one left turn lane, one shared through and left turn lane, one through lane and one right turn lane. MacArthur Boulevard (NS) at Jamboree Road (EW): • Provide an additional northbound right turn lane on MacArthur Boulevard. Based on the finding of a parking study previously prepared by RKJK (dated April 20, 1998), the total parking demand for the entire site is 63 parking spaces. Since the current site plan shows 63 parking spaces, the project does provide adequate parking. Site access, on -site circulation and parking are adequate for the site as proposed. k 36 jb� APPENDIX A ONE PERCENT VOLUME ANALYSIS WORKSHEETS 69 Y �LLL �qI f I % Traffic Volume Analysis It1l2rSeCf1�0 JAhWPEYE BL /CAMPUS DR. ( Existing Traffic Volumes Based on Average WinterlSpring 1997 AM ) 1 Approach Existing Peak 2 112 Hour Regional Approved Projects Projected 1 % of Projected Project Direction Peak 2 112 Hour PEAK 2 112 Hour PEAK Peak 2 112 Hour peak 21/2 Hour Peak 2 112 Hour Volume Volume Volume Volume Volume Volume Northbound 2651 (�O 43Z S1169 Southbound 4162 I'25 I sg 9 2q5- Easthound 576 O 'Zi 4 p $ i (0 $ (F Westbound I 2080 I O 240 2) 320 2 .3 W Project Traffic in estimated to be less than 1 % of Projected Peak 2112 Hour Traffic Volume. Project Traffic is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U. ) Analysis is required. r DATE: I a 1 % Traffic Volume Analysis Intersection JAMWRM BI,/CAf4PUS DR ( Existing Traffic Volumes Based on Average WinterlSpring 1997 PM Approach I Direction Existing IP..,k2i,112 Peak 2 1R Hour Hour egnal Growth Approved Projects PEAK 2 112 Hour Projected Peak 2 112 Hour 1 % of Projected Peak 2112 Hour Project Peak 2 112 Hour Volume Volumes Volume Volume Volume Volume Northbound 3920 l i p 1.) b I S rJ, 0S3 5 1 3 G Southbound 3915 ( 1 7 40g [ J- V ) 4 AL /o Eastbound 1734 O -7 Z $Q (7 $ l Z Westbound 1444 O ® Project Traffic is estimated to be less than 1 % of Projected Peak 2112 Hour Traffic Volume. ❑ Project Traffic is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U. ) Analysis is required. r DATE! 1 % Traffic Volume Analvsis Inlersedon jAmBOPIE RD/BIRai sT Existing Traffic Volumes Based on Average Winter /Spring 1997 AM Approach Direction Existing Peak 2 112 Hour Volume Peak 2 112 Hour Re ionel Gr i= Volume Approved Projects PEAK 2 112 Hour Volume Projected Peak 2 112 Hour Volume 1% of Projected Peak 2 112 Hour Volume P Northbound 2868 Q ( p 49 i 3,4-0'3' , 4-0S 34- Southbound 3960 1 1 9 11 152; s3 z3-1 5 2. Eastbound 345 O O 3 Westbound 19 O O l O 1 % Traffic Volume Analysis ° IOfefS2CI100 .7AMBOREE RD/IIPCH ST ( Existing Traffic Volumes Based on Average Winter I Spring 1997 PM Approach Existing Peak 2 112 Hour Regional Approved Projects Projected 1 1 Ys of Projected Project Direction Peak 2 12 Hour Volume Growth PEAK 2 12 Hour Paak 2 112 Hour peak 2 12 Hour Peak 2 /2 Hour Volume Volume Volume Volume Volume Northbound 3389 0?- 969 4,L�(Oc) -,+S 2L+ Southbound 3658 10 Z+2-7 4 195 L- -2— 22- Eastbound 1210 Q ((p I , -zz(O 12— (( Westbound 23 Q 23 v ❑ Project Traffic is estimated t0 be less than 1 % of Projected Peak 212 Hour Traffic Volume. ® Project Traffic is estimated to be greater than 1 % of Projected Peak 212 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U. ) Analysis is required. DATE: IU r�..•rvyQ. I % Traffic Volume Analysis Intersection JAM30PEE PD/-%C ARMUR BLVD ( Existing Traffic Volumes Based on Average Winter] Spring 1997 Are ) i Approach Direction Existing Peak 2 12 Hour Peak 2 112 Hour Regional APpro'red Protects projected Peak 2 112 Hour 1 % of Projected 2 peak 2 1 Hour Project Peak 2 12 Hour Volume G rowth Volume PEAK 2 12 Hour Volume Volume Volume Volume Northbound 4408 1 3 Z Z$ $ 4s2-'8 49 4 Southbound 1024 3 L4-9 0 I, Sri j 15 f �j Eastbound 3758 HIS 3 Z32 4 ('03 4K0 g Westbound 1904 9-7 2-62- 2) 2-ZS '22- 3 G ❑ Project Traffic is estimated to be less than 1 % or Projected Peak 2112 Hour Trafric Volume. ® Project Traffic is estimated to be greater than 1 % of Projected Peak 212 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U. ) Analysis is required. r DATE 1t� e4 -"49r 6 I % Traffic Volume Analysis "`o•e'r JAmBORFB RD/IIGIRTHUR BLVD I�tersecGoo ( Existing Traffic Volumes Based on Average Winter/ Spring 19 97 PM ) Approach Existing Peak 2 112 Hour Regional Approved Protects Projected 1'h of Projected Project Direction Peak 2 1* Hour Growth PEAK 2 112 Hour Peak 2 112 Hour Peak 21/2 Hour Peak 2 112 Hour Volume Volume Volume Volume Volume Volume Northbound 2278 2-79 Southbound 3600 1 DIK 3` + Lk 052 41 j Z Eastbound 2546 Z6 3 S 1 Z, 9 -r 3 3 o Westbound 5014 150 .565 j —(zq s7 33 Project Traffic is estimated to be less than 1 % of Projected Peak 2112 Hour Traffic Volume. ❑ Project Traffic is estimated to be greater than I% of Projected Peak 2112 Hour Traffic Volume. Inlersecticn Capacity Utilization ( I.C.U. ) Analysis is required. DATE: �I L I % Traffic Volume Analysis 'r,ror�• BRZswL STREET N()`aWJAbffiO ROAD Intersecton ( Existing Traffic Volumes Based on Average WinterlSpring 1997 AM Approach Existing Peak 2 112 Hour Approved Projects Projected 1 % of Projected Project Direction Peak 2 112 Hour Re ,onaI g Growth PEAK 2 12 Hour Peak 2 112 Hour Peak 2 112 Hour Peak 2 12 Hour Volume Volume Volume Volume Volume Northbound 7467 2?-L' 5q c) �V+�olume b , 28 � '? 3 Southbound 1981 59 2-9 L{— 2) 33(+ 23 8 Eastbound _0_ C-) D C p Westbound _0_ C� C) Q Q ® Project Traffic is estimated to he less than 1 % of Projected n Peak 212 Hour Traffic Volume. ❑ Project Traffic is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity Utilization (I.C.U.) Analysis is required. r van rcCT: 1 }sp DATE: SEW �4� 1 % Traffic Volume Analysis IOI@rS2CG011 BRISTOL STREET NORI'H/JAMBORFE AW ( Existing Traffic Volumes Based on Average Winter 1 Spring 19 97 PM ) Approach Direction Existing Peak 2 112 Hour Volume Peak 2 112 Hour Regional Gr°M11s Volume Approved Projects PEAK 2 112 Hour Volume Projected Peak 2 112 Hour Volume 1 % of Projected Peak 21Q Hour Volume Project Peak 2 112 Hour Volume Northbound 6406 1 q 2- 3(o t+ (p (oZ Z C g Southbound 4461 13 + Eastbound -0- O O O O Westbound I -0- Q O d O ® Project Traffic is estimated to be less than 1 % of Projected Peak 2112 Hour Traffic Volume. 1:1 Project Traffic is estimated to be greater than 1 % of Projected Peak 21R Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U.) Analysis is required. x DATE: 1'7 I I % Traffic Volume Analysis �` "O -•'' nersecion PJmL sT /JAIIIOi� 10 C ( Existing Traffic Volumes Based on Average WinterlSpring 1997 AM ) Approach Direction Existing Hour Peak 2 112 Hour Regional Approved Projects Projected 1 /. of Projected Project Peak 2 112 Volume Growth PEAR 2 112 Hour Peak 2 1!2 Hour Peak 2112 Hour Peak 2 112 Hour Volume Volume Volume Volume Volume Northbound 4625 139 83+2- 5,.30(,o 53 (- Southbound 1098 33 2—Li G i 3-7—% 1 L-. 1- Eastbound 5551 9-77 G12-3 (Of r 1 Westbound ® Project Traffic is estimated to be less than 1'R of Projected Peak 2112 Hour Traffic Volume. ❑ Project Traffic is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.V.) Analysis is required. v lI� DATE: PROJECT: a 1 % Traffic Volume Analysis B-M=L sT /JA'wPm RD I�iersecGon ( Existing Traffic Volumes Based on Average WinterlSpring 1997 PM ) Approach Direction Existing Peak 2 112 Hour Peak 2 112 Hour Regional Growth Approved Projects PEAK 2 112 Hour Projected Peak 2 1 our 12 H 1 % of Projected Peak 2112 How Project Peak 2 112 Hour Volume Volume Volume Volume Volume Volume Northbound 4243 t 2-1 80o Southbound 2075 Z 970 2� 29- 4 Eastbound 6056 D ?j7 Q q-2.G 4- �i- Westbound Project Traffic is estimated to be less than 1 % of Projected Peak 2112 Hour Traffic Volume. 11 Project Traffic is estimated to be greater than 1 % of Projected Peak 2112 Hour Traffic Volume. Intersection Capacity Utilization ( I.C.U. ) Analysis is required. x M DATE: Y APPENDIX B ICU WORKSHEETS JA4305AM- INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: JAMBOREE ROAD &CAMPUS DRIVE 4305 EXISTING TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC __. WINTER /SPRING 1997AM .. ................ .. .... __._._ .- I I EXISTING I ._....... -..... _ - _-- .._. - -_- - PROPOSED I EXISTING I ____— _ EXISTING I - --- -- REGIONAL I -- .- .. -. - -- - COMMITTED ........ _._...� -- ........___ PROJECTED I PROJECT ..._.._.__ _ I PROJECT I I Movement I Lanes I Lanes 1 PK HR I V/C I GROWTH I PROJECT I VIC Ratio I Volume I V/C I I I Capacity I Capacity I Volume I Ratio I Volume I Volume I w/o Project I I Ratio I I I I I I I I I Volume I I I .._.._- . - - - --• -- - - I NL 1 16001 -- - -- - - -- - - - 1 1201 - -- - 0.08 - --- L� I - - - GLI- I _... - - -- O- 12* -- 13 - -- I I O•13 -y I NT , I 1097 1 1 I 9 I I 1 ................ 1 6400 . . ............... ............... 1 0.18 -- ...__ ..... _ -- ..........-- - 0. Z, . -- ------ ---- '- Q. z I I NR 1 ............ ... .. ... - ..... - .- 1 77 ---------------- -- ---_..._.... -- -- 1 ----_..__..- -- Z 1 --- - -- - -p- - -_ 12 1 - _- _- - -.__- - 1 _..........._._._ - Z I I 1 SL 1 3200 1 -------- - - - --- - -• - -- ....._....- 1 282 1 ...... _ _._._.....- - 0.09 1 - O 1 - - -- p I - ._. -� _ o. a 9 I .._...-•- -•- - 0 , l 0.09 I I I ST , , 1305 1 39 1 4-79 1 1I[ q 1 1r,1� -- .— . -...._ 1 4800 .. .............. _ _— .-_.._ 1 0.33 ._ ._....._ o.'sT 7i - -^ 11' 0.41+ I SR , ---------- - - - - -- -- -------------- - -- , 273 ---------- - - - - -- -- - --- --• - --•- •• I -- --•-- - $ -•-• -- -- ; p i ------ --•--- V i F 1 EL I I Bo 1 0 1 `1(0 I I .. 0 I I . ................ 1 4800 -- ................ -- - ... - ......... I 0.04 • ................ -- ............ - b.0 Co I ET 1 1 121 1 0 I g 1 I O I 1 1 .... ...... . ... .. .................. .. I ER I N.S. I ................ . . ................ .. I 2S I ....... --•-- _ I ................ .. O I ... ........_.- .- 1 (0 1 --- .......--- _. -._.. -- 1 '� I I 1 I... ... ..............- ---------- -- I WL 1 16001 I------ -- -•------ -- ••--- -- -- - -- -- ---------- - - - - -- -- --- ----- ---- -- -- - - -I 3681 -------- ----- -- --------------- -' - ---- - ---•- - 0.23 . -- -- - ------------ _ -- -- 0 1 --•-- -----. •• --------- __._ _ 10Li- 1 ......... -- - ......... ............ .....--- 0.30 7F -•--- ---- •- ------ ......__.._ ------ Z -- ...... _..... 1 1 0.30 aFe .. .... ._._ I I WT 1 3200 1 1 1 532 1 0.)7 1 0 1 1 G 1 O. 1% 1 0 1 0.17 1 --•-------• - - - -- •- --------- - - ---• -- I wR 1 1600 1 1 ................. ----- ---------- ....------------- •- 1 218 1 •. . .. ---- --•- -- - 0.14 1 ----- - -__._ .. ---- ----- - - - - -- -- D 1 ..... .......... -- ----- - - - --- .- (' I .. ........... - - - - -__.- -' 0. 14- 1 ----------- _........ -- ............ 0 I 10-14-1 -- ......-- -• I I EXISTING I.C.U. 1 0.68 1 I 1 ------- --- - - - -- -- ---------------- -- -•----------- -- -- -- ------- - - - - -- -- ----- -•--- --- -- I EXISTING - REG GROWTH . COMMITTED WYPROPOSEO IMPROVEMENTS . ................ .. ............... .. ................ .. .............. .. .......... -- .. --•------ - - - - -- •• I.C.U. ................ .. -------•- - - - - -- - 1 ............... ... ---------------- - - - - -- .. 0,92- ' ...................... .. .............. 1 I .. ....... _._. 1 I EXISTING . COMMITTED . REGIONAL GROWTH . PROJECT I.C.U. I o -93 I 1.1 Projected . project traffic I.C.U. will be less than or equal to 0.90 Projected . project traffic I.C.U. will be greater than 0.90 1_I Projected . project traffic I.C.U. w /systems improvement will be less than or equal to 0.90 r 1.1 Projected . project traffic I.C.U. with project improvements will be less than I.C.U. without project Description of system improvement; PROJECT - - - -�- - - -•- -- - _~-- - - _ - _ V -_— FORAM JA430SAM 1al JA430SAM INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: JAMBOREE ROAD 6 CAMPUS DRIVE 430S EXISTING TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC WINTER/SPRINC 1997 AM 1.1 Projected. project traffiCI.C.U. will be less than or equal to 0.90 1 J r s I_I Projected . project traffic I.C.U. will be greater than 0.90 >-<Projected . project traffic I.C.U. w /Systems improvement will be less than or equal to 0.90 Ia Projected . project traffic I.C.U. with project improvements will be less than I.C.U. without project Description of system improvement: PROJECT JA430SAM FORM It t 1) 0 I EXISTING I PROPOSED I EXISTING I EXISTING I REGIONAL I COMMITTED PROJECTED I PROJECT I PROJECT 1 Movement I Lanes I Lanes I PK HR I V/C 1 GROWTH I PROJECT I V/C Ratio 1 Volume I V/C I I Capacity I Capacity 1 Volume I Ratio I Volume I Volume I w/o Project 1 I Ratio I I I 1 I 1 I I Volume 1 1 I .......NL 1 1600 1 1 120 1 0.08 ' 4- I goy- 1 O, tZ 13 1 0.13 1� NT I I 1097 1 33 I I Li" 3 I I q 1 1 ---- __ -_ - -- 1 6400 .- ..._— .. ...... .. .......... — } 0.18 _ -- - -_. -- -- - - - - - -- - .L .- ....- ... -._ NR I 1 77 I 2 1 12 1 - I 2 I I SL 1 32001 I 2821 0.09 1 8 I p 1 0.09 1 O 1 0.01 1 ST I I 1 4800 _ --- -------- _ 1305 ._ J I 0.33 39 1 T79 1 - -- - I O- 4-J-{� 9 1 I - 17S` D•1 SR 1 1 ...._.. 273 I g I p 1 p I EL I I 80 I 0 1 ............... 1 4800 .................. .. - ... .......... I 0.04 .._ ........ — - - -- ----- -- - O.0 (p t ....... _._ D 1 ET ................. 1 I ........... ... .................. -- 121 ............... •• I -- - -- - - O -- ........- I g I - - — - ...... - ... - - -- p 1 I Ell I N.S. I I .... .. .............. _ ..--------- 2S I ---... -- 1 -- - — - -- -- 1 -7 ....... _— 1 I WL 1 16001 1 3681 0.23 p 1 Ip T 1 1 2 1 - - -- -- - - -------------- •- 4 $Oo................. - --- - - -- _ — - - -- - 0.2 l 4 ...... -- WT 1 32001 1 S321 0.17 1 p 1 1(0 1 1 O I 1 ---------- ------ WR ..... . ......... - -- ........... . .. ..... _ ......... .. 1 1600 t 1 .. ............. _ __ ......._ ....... - ....... _.._. 218 1 ..... 0.14 1 - - - - -- -----.... -- --- ---.... - - EXISTING I.C.U. 1 0.68 1 1 .............. ... EXISTING . .. ............................... ............ ... -- ................ .. ............ -..... _..._- .... _.. . ............... AEG GROWTH . COMMITTED WIPROPOSEO IMPROVEMENTS I.C.U. -- ................. ............. ......._.....__ ...._ ........... .. ..... - ..... -- ' I .......... _ ......---------...... - p 8 3 1 .._..............._ .. ............. 1 I .. ..... EXISTING . COMMITTED . REGIONAL GROWTH . PROJECT I.C.U. .. _.. 1 O .g �- I 1.1 Projected. project traffiCI.C.U. will be less than or equal to 0.90 1 J r s I_I Projected . project traffic I.C.U. will be greater than 0.90 >-<Projected . project traffic I.C.U. w /Systems improvement will be less than or equal to 0.90 Ia Projected . project traffic I.C.U. with project improvements will be less than I.C.U. without project Description of system improvement: PROJECT JA430SAM FORM It t 1) 0 JA4308A.4 - INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: JAMBOREE ROAD & BIRCH STREET +308 EXISTING TRAFFIC VCLUMES .......... _ BASED ON AVERAGE DAILY — ...... - -.... . . TRAFFIC ........... — .............. WINTER /SPRING .._........... 1997 AM .. ................ .. I I —.. EXISTING I _ ................ PROPOSED I EXISTING I ... EXISTING I _ _ REGIONAL I . j COMMITTED 1- ..................... PROJECTED ... I ....... .._. PROJECT _ ...... —..— _ I PROJECT I I Movement I Lanes 1 Lanes I PK HR 1 V/C I GROWTH I PROJECT I V/C Ratio I Volume I V/C I I I Capacity I Capacity I Volume I Ratio I Volume I Volume I w/o Project I I Ratio I I I 1 I 1 I I 1 Volume I I 1 I NIL I I---- ---- - - - - -- 16001 - -- - --- -- -- 1 201 I --- ------ ----- - --- -- ------ _- -- 0.17 ------ --- - -- - -- - (� -- - -- ------ -- - ------------- -- - --- - - -- 0.14 1* - - -- 1 I NT 1 I 1276 1 3$ I 2Z6 1 1 I I 1 ---------- - - - - -- 1 I NR 4800 ......------ I - - - - -- -- --------- - -.... I I S 0.27 -- I --- ----- - - -..._ — 1 ----------- - - - - -- .. 1 O. 3Z -- 1 --- - - - I b Q I I................ .. I SL 1 I---------- - - - - -- -- .............. _ .. 1600 1 ---- _- ..._ —. -- ................ .. ................ .. 1 S 1 ---------- - - - - -- .. _ --------- --- - . ............. — -- 0.00 1 --- — . -.._— -- ------- - - - - -- _ C:> I --- -....— . I • Q� I I 1 I ST I +aoo l I 1254 l 026 Jg I S 7 1 1 0.39 -11� 18 1 0.39 f1C I SR I 1 -------------- - -- N.S. 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PROJECT I -C.U. 1 O .52� I Qq,Projected . project traffic I.C.U. will be less than or equal to 0.90 LI Projected . project traffic I.C.U. will be greater than 0.90 Ll Projected . project traffic I.C.U. w /systems improvement will be less than or equal to 0.90 r 1_I Projected . project traffic I.C.U- with project improvements will be less than I.C.U. without project - - ------- - - - - - - ....................... ............................... Description of system improvement- PROJECT IA430SAM FORM II a -3 I JA4308P.4 INTERSECTION CAPACITY UTILIZATION ANALYSIS i 4 INTERSECTION: JAMBOREE ROAD 6 BIRCH STREET 4308 EXISTING TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC .. .............. _ .. _._..- .........._..._......_. WINTER/SPRING 1997 PM .. ................ .. ............ ... .. I I EXISTING I ................ .. ............... PROPOSED I EXISTING I EXISTING I REGIONAL _ I COMMITTED ... ............. ._... PROJECTED 1 ....... ..... PROJECT .. .......... _. _ I PROJECT 1 I Movement 1 Lanes I Lanes 1 PKHR I V/C I GROWTH I PROJECT I V/C Ratio I Volume I WC I 1 I Capacity I Capacity I Volume I Ratio I Volume I Volume I w/o Project I 1 Ratio I I I I I I I I I Volume I I I ..... - - I NL 1 16001 1 ................ .. .......... __ - ------- _ --- --- •- ------- --- •- -._...._- - 1 491 0.03 ---------- _._........ ----- °-.._ .... .. .... 1 D 1 ---- -- - C)-Q3 1 -•-• --• 12 ...._...- 1 0.0+ 1 I I NT I I 161S I -I g 1 4g5 I I C) I I I................ I 4800 ... ...._.._....................... 1 0.34 •• ................ .. ............... - _ II{{ cc 0 T_7 ... - I NR I 1 .. ............ _..................... I 2 I ... .. ............ .........._...................------- I p l ......................... (] I I ................ 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COMMITTED W; PROPOSED IMPROVEMENTS I.C.U. ... .... ......... .. ....... ........ .. ................ .. ................ .................. .. _ ................ .. O . (00 ........... .......... . . .............. I I ................ I I EXISTING . COMMITTED . REGIONAL GROWTH . PROJECT I.C.U. I 0.(.D1, I 61cjected . project traffic I.C.U. will be less than or equal to 0.90 1_I Projected . project traffic I.C.U. will he greater than 0.90 1_I Projected . project traffic I.C.U. w /systems improvement will be less than or equal to 0.90 _ Y 1_I Projected . project traffic I.C.U. with project improvements will he less than I.C.U. without project . ..... .......... ......... _ .... ....._.. .... _ ......__. -_-._ _ _... -...— ......._._ .. Description or system improvement. PROJECT FORM II JA4308PM i i { JA4275M INTERSECTION CAPACITY UTILIZATION ANALYSIS INTERSECTION: JAMBOREE RO(E -YO 6MACARTHUR BL(N -S) 4279 EXISTING TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC " "' - " ---•••- ^•••• -- • WINTER/SPRING . - ....._ ............. _ ....... - -- . 1997 AM I EXISTING " " " " "- _ _ I PROPOSED I EXISTING - COMMITTED I ...•.RODE-_..... __ __ I EXISTING I REGIONAL I COMMITTED I PRO ECTEO I Movement 1 Lanes I Lanes I PX H0. I V/C I GROWTH 1 I PROJECT I PROJECT I I Capacity I Capacity 1 Volume I PROTECT I V/C Ratio I I I I i Ratio I Volume I Volume I w/o Project Volume I V/C Volume I Ratio I ...._.._._......— .._.... I I NL I 1600 I I 21 S I 0.17 I - - I I 1738 4300 1 - --'• _ _ I I I I I .. ......... _ .... ! . . : ............. . • . – . I NR I 0.47 I S . . . . . . 2 . 1 2 1 g 2 338 .......... 1 I �.0...., .. .C.1 . ..1 . 7 ... .. !FI . .– .. ...... 0 ..__ I . 1 . 0. .. 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I_I Projected . r ' -........... -- p project traffic I.C.U. will he less than or equal l0 0.90 rojected . project traffic I.C.U. will be greater than 0.90 1.1 Projected . project traffic I.C.V. w /systems improvement will be 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: .. ................ " ...... PROJECT -- -- -- JA427SAM - - - -- - _ FORM II X45 JA427SA4 INTERSECTION CAPACITY UTILIZATION ANALYSIS l INTERSECTION: JAMBOREE RD(E-H) 6 MACARTHUR BL(N-S) 427S EXISTING TRAFFIC VOLUMES BASED ON AVERAGE DAILY TRAFFIC WINTER /SPRING 1997 AM .. ............... ..................... I I EXISTING 1 ...__............._....._...... PROPOSED I EXISTING I ............ ..._— EXISTING I ........ REGIONAL .. ............... .. I COMMITTED .............. ...... _ PROJECTED I ....... _... PROJECT ..... —.— _ I PROJECT I I Movement I Lanes I Lanes I PK HR I V/C I GROWTH I PROJECT 1 V/C Ratio I Volume I V/C I I I Capacity I Capacity I Volume I Ratio I Volume I Volume 1 W/o Project I I Ratio I I I I I I I I I Volume I 1 1 I NL 1 I---------- - - - - -- _ 16001 .._..__.— I 21S 1 0.13 I (0 1 1+ I C, I+ I 0 I NT 1 6+&o01 1738 I ,$2_ 1 (12 1 0,40 = O I 0.40 I r 1 .... 1 4800 ...._._._ ...................... I 0.43 • .... ----------- -- ....._...___. _ .. _ ....... _.... 1 I NR I IfaOp 1 338 1 1 Q 1 28 1 O -ZIl I 2 I.._ ..... _ ..... .. I SL 1 ............ _ .. 1600 1 ... .... ....... .. ..... _ ......... .. i 79 1 _ ... ........ _ .. 0.05 ..... _ ......... 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L..(.. -------------- 1 1 (0 1 -- ------------ . .. -- 1 ...................... .. ------- - - -:._ Q ......... _._ . 1 I I . I I WL 1 1 ................ - 3200 1 ........ ....– 1 137 1 . - ----- -- ------ . .. 0.04 I ......... _.– .- L- --- ------- _ 1 20 1 -- ----------- — ...._..._.._-- 0-o-5- 1 - - - - -- _ Z --- ------ - - - -- 1 0.0S I -- -----•- -- I 1 WT 1 I...... _........ _ 48001 ......... ...... ..................... 1 S35 J ..........................._... 0.11 • -• 16 ------- 1 (O3 I - • I I WR I N.S. 1 1 179 1 1 5 I $ I 1 13 1 I 1 ................ .. 1 EXISTING ............... .. I.C.U. ..... ........... .. ..... .......... .. 1 ............... ... 0.79 1 ............ .... ......... ....... .. ...................... .. .............. .. ...... _.— I I 1 ..... .... .... ....... ... ........ ... ..... 1 EXISTING . REG GROWTH . ................ .. ............ -- _ ... .......... .. ........ ....... ... ............... ..... COMMITTED W /PROPOSED IMPROVEMENTS ... _._._.......__ ......... .. ................ .... ............. I.C.U. ............. ....... ............ .. 1 .. .......... .... _... ...................... .. 0.2-7 1 ...................... ............... I .. ......... .— 1 I EXISTING . COMMITTED . REGIONAL GROWTH . PROJECT I.C.U. 1 $ 7 I 1_I Projected . project traffic I.C.U. will be less than or equal to 0.90 p `1.11 Projected . project traffic I.C.U. will be greater than 0.90 KProjected . project traffic I C.U. w /systems improvement will he be less than or equal to 0.90 1_I Projected . project traffic I.C.U. with project improvements will be less than I.C.U. without project _ . ............ . _ ... ............ _ .. . ........... .. ...... ... ..._ .. ............ ........ .. ... ... ...... _ ........ Description of system improvement: PROJECT FORM JA427SAM 1,� i APPENDIX C TRIP GENERATION STUDY (FEBRUARY 23, 1998) p') 5180 BIRCH ST.-BURGER KING /FOOD SERVICE TRIP GENERATION STUDY { Newport Beach, California 1 � J 1 I ram rtK m J" VA ,;.J� RK K ROBERT KAHN • IOHN IDLY J& ASSOCIATES INC. February 23, 1998 Mr. Brian W. Price Director of Development BRECKENRIDGE GROUP P.O. Box 80340 30252 Tomas, Suite 200 Rancho Santa Margarita, CA 92688 Subject: 5180 Birch Street, Newport Beach Trip Generation Study Dear Mr. Price: INTRODUCTION RKJK & ASSOCIATES, INC. (RKJK) has completed a trip generation study for the proposed Burger King and Food Services facility to be located at 5180 Birch Street in the City of Newport Beach. The project is located at the southwest corner of Jamboree Boulevard and Birch Street as shown in Exhibit A. The proposed site plan for the facility is shown in Exhibit B. The site currently includes a 7,500 square foot building that was previously used as a Carrow's high turnover sit -down restaurant. Carrow's restaurant has recently closed and a Burger King and Food Services facility is being planned for the site. The project site is located directly south of the existing Newport Harbor Court which generates a substantial amount of pedestrian traffic, which is anticipated to utilize the Burger King and Food Services facility. As a result of this, it is anticipated that a significant portion of patronage will come from walk -in and pass -by traffic. As shown in the site plan the project would include a 3,140 square foot Burger King restaurant with a drive -thru. The site would also include a Food Service facility of 2,570 square feet which is anticipated to be uses which are similar to a high turnover restaurant. The project site includes a total of 64 on -site parking spaces. The purpose of this trip generation study has been to determine the specific trip generation for the proposed site and compare it to the trip generation for the closed Carrow's restaurant. The net trips would represent the difference between the previous and the proposed uses, taking into account the project's trip generation, pass -by and walk -in traffic. The trip generation study has been completed by reviewing available documents regarding trip generation including the ITE (Institute of TRANSPORTATION PLANNI\( • Gh • Ti:4FFIC AL'UL STIC\L E:.NGI \SERI. \G 1 hf11 D.,%e Strcot. mi tr TtU • \e,c hem h. ( '. "_wo. • ph or'. .-1.: 4-081- f -: -14. 4 -4 ()90' I EXHIBIT A LOCATION MAPS . 1:01A i- Me. )3b EXHIBIT B SITE PLAN I 2A K-- 131 Transportation Engineers) Trip Generation Manual, Sixth Edition, SANDAG Trip Generation Report and the City of Newport Beach Trip Generation rates. A review of potential walk -in traffic was based upon a field review of the adjoining Weinerschnitzel fast food restaurant located directly to the south of the site. It is anticipated that significant amount of the project traffic will be walk -in traffic to the fast food facility. FINDINGS 1. The net difference in trip generation between the previous use (Carrow's restaurant) and the proposed Burger King /Food Services facility would be 343 trip -ends per day, with 50 vehicles per hour during the AM peak hour and 16 vehicles per hour during the PM peak hour. This takes into consideration both the project trip generation, the previous and proposed uses and the potential net reduction as a result of pass -by trips. Trip generation has been determined based upon using the ITE Trip Generation Manual, Sixth Edition and pass -by trips percentages estimated by both ITE and SANDAG. 2. It is anticipated that a significant portion of the traffic for both of these uses will come from walk -in traffic from the adjoining Newport Harbor Courthouse. A review of an adjacent fast food restaurant indicates 19% of the patrons were "walk -ins." This could even further reduce trip generation from what is indicated in Item 1 above. 9 3. Based upon the City's Traffic Model trip generation factors, it is anticipated that the net difference in daily trips would be approximately 309 trip -ends per day. This correlates closely with the ITE Trip Generation rate calculations included in Item 1 above. 4. The net ITE trips and the City of Newport Beach Traffic Model trip generation factors are significantly less than the total trip generation for the site as a result of this significant amount of pass -by and walk -in trips that would occur at the site. TRIP GENERATION Trip generation represents the amount of trips that are produced or attracted by a project. In addition, pass -by trips represent trips that are already on the highway system that divert to the site, but have not made a special trip to the facility. In addition, due to the specific location of the proposed Burger King and Food Services 4 j �a facility which is located within walking distance to the Newport Harbor Courthouse, it is anticipated a substantial amount of walk -in traffic would occur to the site. The primary purpose of this study is to determine the net trips to and from the site to compare the previous Carrow's high turnover sit -down restaurant to the Burger King and Food Services facility. In order to do this, RKJK conducted a review of the professional literature to compare the trip generation rates for the site. This included the ITE Trip Generation Manual, SANDAG Trip Generation Report and City of Newport Beach Traffic Model Generation Assumptions. Additionally, RKJK generated trips utilizing the trip generation computer program developed by MicroTrans which is based upon the ITE Trip Generation Manual, Sixth Edition. The existing and proposed uses for the site are quantified in Table 1. The Carrow's restaurant included 7,500 square feet of building and is classified as a high turnover sit -down restaurant. The proposed uses include a 3,140 square foot Burger King with a drive -thru and a 2,570 square foot Food Services facility, which is classified as a high turnover sit -down restaurant. Trip generation has been based upon trip rates which occur during the peak hour of the street, which usually occurs between 7 to 9 AM and 4 to 6 PM. This is typical practice in the City of Newport Beach and Orange County. Utilizing the trip generation by MicroTrans software, RKJK generated trips for the existing and proposed uses of the site. The trip generation printouts are included in Appendix "A ". The Trip Generation rates used for this study are included in Table 2. Based upon the ITE Trip Generation rates, the project trip generation was calculated and is shown in Table 3. The trip generation included in Table 3 does not take into account pass -by or diverted and additional pedestrian oriented trips which are a result of the specific location of the site. The previous use ( Carrow's) would generate 978 trip -ends per day with 69 vehicles per hour during the AM peak hour and 82 vehicles per hour during the PM peak hour. The proposed uses would generate 1,893 trip -ends per day with 180 vehicles per hour during the AM peak hour and 133 vehicles per hour during the PM peak hour. In order to properly assess the net difference in trip generation between the existing and proposed uses, the actual net trip generation must be determined. This takes into account both the overall trip generation and the net trip reduction as a result of pass - by /diverted trips and walk -in trips. RKJK has reviewed various publications with respect to these factors. The ITE Trip Generation Manual, Fifth Edition included substantial documentation on pass -by and diverted trips for fast food restaurants. The ITE studies indicated pass -by trips ranged from 25 to 56 percent with an average 5 33 TABLE 1 LAND USES 0 Zr A )3q TYPE SIZE (TSF) Existina Use Carrows High Turnover Restaurant 7.50 Proposed Uses Burger King Fast Food W /Drive -Thru 3.14 Food Service High Turnover Restaurant 2.57 0 Zr A )3q TABLE 2 TRIP GENERATION RATES LAND USE UNITS PEAK -HOUR RATES DAILY AM PM IN OUT IN OUT High Turnover Sit -Down Restaurants TSF 4.82 4.45 6.52 4.34 130.34 Fast Food Restaurant W /Drive Thru TSF 25.43 24.43 17.41 16.07 496.12 7 13� of 43 percent for seven (7) fast food restaurants. SANDAG, in their trip generation report, indicates that fast food restaurants have a pass -by rate of 40 percent, while sit -down restaurants have a pass -by /diverted rate of approximately 20 percent. RKJK also reviewed the additional trip reduction which may occur as a result of walk - in traffic to the site, due to the proximity of the existing Newport Harbor Court. At the present time, there is a Weinerschnitzel fast food restaurant located directly south of the proposed project. Field observations during the noon hour indicated that nearly 19 percent of the persons entering and exiting the site occurs as a result of walk -in traffic. These persons did not drive to the site. This value is significant and would be typical for the proposed Burger King and Food Services facility, due to their proximity to the near -by Newport Harbor Court. As a result of these factors, RKJK felt it was applicable to utilize the factor of at least 45 percent for the pass -by /diverted and walk -in traffic for the fast food restaurant and approximately 20 percent for the sit -down high turnover restaurant. The net trip generation for both the existing Carrow's restaurant and the proposed Burger King and Food Services facility is shown in Table 5. The Carrow's restaurant would generate a net trip generation of 782 trip -ends per day with 55 vehicles per hour during the AM peak hour and 65 vehicles per hour during the PM peak hour. The proposed use would generate 1,125 net trip -ends per day with 105 vehicles per hour during the AM peak hour and 81 vehicles per hour during the PM peak hour. The net difference in trip generation between the proposed and existing use of the site is also shown in Table 5. The proposed use would result in a net increase in trip generation of 343 trip -ends per day with 50 vehicles -per hour during the AM peak hour and 16 vehicles per hour during the PM peak hour, based upon the ITE Trip Generation rates. In order to compare the results of this analysis with data developed by the City of Newport Beach, RKJK has obtained the trip generation rates utilized in the City of Newport Beach's traffic model. The traffic model does not necessarily categorize the restaurant uses in the detail as the ITE Trip Generation Manual. It does include trip rates which do account for trip reduction due to pass -by and diverted other factors. For a fast food restaurant, a trip rate of 142 trip -ends per 1,000 square feet per day is utilized and for sit -down restaurant and value of 66.9 trip -ends per 1,000 square feet is utilized. Based upon these factors, the net difference in trip generation would be approximately 309 trip -ends per day This value is close to the value which has been calculated and shown in Table 5, based upon the ITE Trip Generation rates. 9 13� TABLE 4 WEINERSCHNITZEL NEWPORT BEACH NOONTIME TRAVEL MODES TIMEFRAME PERSON TRIPS DRIVE -THRU PARK/WALK -IN WALK -IN ONLY TOTAL IN OUT IN OUT IN OUT IN OUT Noon - 1:00 PM 75 75 48 50 26 31 149 156 TOTAL In & Out 150 98 59 305 TOTAL In & Out Percentage 1 %) 49.2 32.1 18.7 100.0 10 31 TABLE 5 NET TRIP GENERATION WITH PASS -BY TRIPS EXISTING USE PROPOSED USE PASS -BY % PEAK -HOUR DAILY AM PM IN OUT IN OUT Carrows 20 1 29 26 39 26 782 PROPOSED USE NET DIFFERENCE PASS -BY % PEAK -HOUR DAILY AM PM IN OUT IN OUT Burger King 45% 44 42 30 28 857 Food Services 20% 10 9 14 9 268 TOTAL +11 54 51 44 37 1,125 NET DIFFERENCE 11 PEAK -HOUR DAILY AM PM IN OUT IN OUT Existing Use 29 26 39 26 782 Proposed Use 54 51 44 37 1,125 DIFFERENCE +25 +25 +5 +11 +343 11 RKJK has completed a trip generation study for the proposed Burger King and Food Service facility to be located at 5180 Birch Street in the City of Newport Beach. Based upon this study, the project would generate approximately 343 trip -ends per day more than what was previously generated on the site, based upon net trip -ends. This trip generation value can be utilized in determining the appropriate City traffic fees for the site. RKJK appreciates this opportunity to provide this review of trip generation for the proposed Burger King and Food Services facility with the BRECKENRIDGE GROUP. Please do not hesitate to give me a call at (714) 474 -0809. Sincerely, RKJK & ASSOCIATES, I �O QPpf ESSlpyq` � � m Robert Kahn, P.E. NO 0555 a Principal EXP 12/31/01 RK:nam /7814 *'5>4 AFF GALW OF JN:1O30 -98 -01 Attachments 12 134 APPENDIX A TRIP GENERATION CALCULATIONS, 1'iD CARROWS SUMMARY OF TRIP GENERATION CALCULATION FOR, 7.5 TH.GR.SQ.FT. OF HIGH TURNOVER (SIT -DOWN) RESTAURANT 2/13/98 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS ��ti AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DR -WAY VOLUME AVG WKDY 2 -WAY VOL 130.34 43.77 1.00 978 7 -9 AM PK HR ENTER 4.82 0.00 1.00 36 7 -9 AM PK HR EXIT 4.45 0.00 1.00 33 7 -9 AM PK HR TOTAL 9.27 7.46 1.00 70 4 -6 PM PK HR ENTER 6.52 0.00 1.00 49 4 -6 PM PK HR EXIT 4.34 0.00 1.00 33 4 -6 PM PK HR TOTAL 10.86 9.83 1.00 81 SATURDAY 2 -WAY VOL 158.37 0.00 1.00 1188 PK HR ENTER 12.60 0.00 1.00 95 PK HR EXIT 7.40 0.00 1.00 56 PK HR TOTAL 20.00 16.54 1.00 150 SUNDAY 2 -WAY VOL 131.84 0.00 1.00 989 PK HR ENTER 10.15 0.00 1.00 76 PK HR EXIT 8.31 0.00 1.00 62 PK HR TOTAL 18.46 13.74 1.00 138 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS ��ti BURGER KING SUMMARY OF TRIP GENERATION CALCULATION FOR 3.14 TH.GR.SQ.FT. OF FAST -FOOD RESTAURANT WITH DRIVE THRU 2/19/98 r' { AVERAGE STANDARD ADJUSTMENT DR -WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2 -WAY VOL 496.12 242.52 1.00 1558 7 -9 AM PK HR ENTER 25.43 0.00 1.00 80 7 -9 AM PK HR EXIT 24.43 0.00 1.00 77 7 -9 AM PK HR TOTAL 49.86 29.60 1.00 157 4 -6 PM PK HR ENTER 17.41 0.00 1.00 55 4 -6 PM PK HR EXIT 16.07 0.00 1.00 50 4 -6 PM PK HR TOTAL 33.48 19.25 1.00 105 SATURDAY 2 -WAY VOL 722.03 295.62 1.00 2267 PK HR ENTER 30.04 0.00 1.00 94 PK HR EXIT 28.87 0.00 1.00 91 PK HR TOTAL 58.91 23.95 1.00 185 SUNDAY 2 -WAY VOL 542.72 206.86 1.00 1704 PK HR ENTER 34.92 0.00 1.00 110 PK HR EXIT 37.82 0.00 1.00 119 PK HR TOTAL 72.74 11.95 1.00 228 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS f i )`;l FOOD SERVICES - FAST FOOD W/O DRIVETHRU SUMMARY OF TRIP GENERATION CALCULATION FOR 2.57 TH.GR.SQ.FT. OF FAST -FOOD RESTAURANT W/O DRIVE THRU 2/19/98 TRIP GENERATION BY MICROTRANS 63 AVERAGE STANDARD ADJUSTMENT DR -WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2 -WAY VOL 716.00 0.00 1.00 1840 7 -9 AM PK HR ENTER 26.32 0.00 1.00 68 7 -9 AM PK HR EXIT 17.55 0.00 1.00 45 7 -9 AM PK HR TOTAL 43.87 0.00 1.00 113 4 -6 PM PK HR ENTER 13.34 0.00 1.00 34 4 -6 PM PK HR EXIT 12.81 0.00 1.00 33 4 -6 PM PK HR TOTAL 26.15 10.51 1.00 67 SATURDAY 2 -WAY VOL 696.00 0.00 1.00 1789 PK HR ENTER 26.73 0.00 1.00 69 PK HR EXIT 27.82 0.00 1.00 71 PK HR TOTAL 54.55 0.00 1.00 140 SUNDAY 2 -WAY VOL 500.00 0.00 1.00 1285 PK HR ENTER 0.00 0.00 1.00 0 PK HR EXIT 0.00 0.00 1.00 0 PK HR TOTAL 0.00 0.00 1.00 0 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 63 APPENDIX D PARKING STUDY (APRIL 20, 1998) )�i�l 5180 BIRCH ST.-BURGER KING /FOOD SERVICE PARKING STUDY Newport Beach, California R!(J - K ROBERT F;!91N KAHN . IO6 ASSOCIATES INC. April 20, 1998 Mr. Brian Price BRECKENRIDGE GROUP P.O. Group 80340 30252 Tomas, Suite 200 Rancho Santa Margarita, CA 92688 Subject: Burger King (5180 Birch Street), Newport Beach Parking Study, Dear Mr. Price: INTRODUCTION The firm of RKJK & ASSOCIATES, INC. (RKJK) is pleased to provide the BRECKENRIDGE GROUP this parking study for your proposed Burger King to be located at 5180 Birch Street in the City of Newport Beach. The project is located at the southwest corner of Jamboree Road and Birch Street in the City of Newport Beach as shown in the attached Exhibit A. The revised Burger King building is estimated to include 2,530 square feet of building. The adjoining food service facility would include 2 spaces of 1,285 square feet each with a net public space of 617 square feet (48 %) within each of two spaces. Based upon our meeting with the City of Newport Beach Planning and Engineering Department, a survey of existing fast food restaurants with drive - throughs was conducted to determine the appropriate parking rate for the proposed fast food portion of the proposed site. Since the proposed site is located in close proximity to major pedestrian generators (i.e., Newport Harbor Court, offices, etc.), the following three sites were selected to represent conditions where a high degree of walk -in traffic would occur. Based upon our meeting with the City of Newport Beach, the following three sites were surveyed during three mid -week time frames (Tuesday through Thursday, April 7 through 9, 1998): • Burger King = 2,130 sq. ft. of building 701 North Main Street Santa Ana, CA • Der Weinerschnitzel = 2,295 sq. ft. of building 4501 Jamboree Road Newport Beach, CA IFS \NNI% W I%I it IN 1.1 \\\I\, IFVIH VI-1 Nil( M.I.MiFIM. I� ja I EXHIBIT A LOCATION MAP • Taco Bell = 2,397 sq. ft. of building 4101 Jamboree Road Newport Beach, CA The parking survey was conducted over a three day period to adequately assess the peak parking demand at the three sites. Parking was monitored during the hours of 11 AM to 2 PM at 15 minute intervals, which reflects the peak period for the three sites. The forms used to collect the parking survey data are similar to Table 1, The completed parking survey forms are included in Appendix "A ". Based upon our meeting with the City of Newport Beach, a parking survey can be utilized as an alternative to the City's parking code for these types of uses. Since the proposed site is located in close proximity to major pedestrian generators (i.e., Newport Harbor Court, offices, etc.), increased amount of walk -in traffic may be expected at the proposed Burger King. The City of Newport Beach parking code requirements for fast food restaurants are 1 space per 50 square feet of building plus 1 space for each peak employee. Based upon the City's parking code, 60 spaces would be required assuming nine (9) peak hour employees during the noon period. The parking requirements for the food services building has been based upon the City requirements for a full service small scale restaurant. This type of facility is limited to 25 seats with no live entertainment and a net public area of less than 1,000 square feet per restaurant. The parking 'requirements for these facilities is based upon 1 space per 3 seats. I FINDINGS The following findings were made with respect to the parking survey. 1. There was substantial variation in parking demand between the three sites. The Newport Beach Taco Bell represented the highest parking demand of the three sites with a peak parking demand of approximately 25.9 spaces per thousand square feet of building. The Burger King in Santa Ana had the lowest parking demand with a peak parking demand rate of 9.4 spaces per thousand square feet of building. The size of buildings for the three survey sites is relatively similar with a range of 2,130 square feet to 2,397 square feet. 2. The Newport Beach Taco Bell appears to be one of the most successful fast food restaurants with respect to overall demand. 3. The average peak parking demand rate for the three sites was 16.85 spaces per thousand square feet of building. Based upon this rate, the proposed 2,530 square foot Burger King building would require 43 spaces to meet peak parking 3 jq� TABLE 1 PARKING SURVEY Date of Survey: Land Use: Address: Building Sq. Ft.: Number of Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY °% 2 TOTAL PARKING DEMAND PER 1.000 SQ. FT. OF BUILDING 11:00 AM 11:15 AM 11:30 AM 11:45 AM 12:00 Noon 12:15 PM 12:30 PM 12:45 PM 1:00 PM 1:15 PM 1:30 PM 1:45 PM 2:00 PM RK:nam/8010 JN:1030 -98 -02 Date: April 7, 1998 ' Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. 4 I�9 demand. An additional two spaces is recommended to provide some overage, for a total of 45 spaces. While this amount of parking is less than the existing { Newport Beach parking code, it is anticipated to be adequate given the location of the site and the propensity for walk -in traffic. Another recently constructed Burger King in San Juan Capistrano, utilized a parking rate of 1 space per 60 square feet, which would result in a similar parking requirement as the average of the three peak parking demand rates in this survey. 4. The parking requirement for the food services building (two 1,285 square foot spaces) is estimated to be 18 spaces based upon the City's parking code requirement for full service small scale restaurants. 5. Total parking for the entire site including the Burger King and the food services facility would be 45 + 18 = 63 spaces, FAST FOOD RESTAURANT PARKING SURVEY An on -site parking survey of fast food with potential walk -in traffic was conducted at three sites between April 7 and April 9, 1998 (Tuesday through Thursday). The three project survey sites were selected at a meeting with the City of Newport Beach staff. Each of the three sample sites had the potential for more walk -in traffic than a typical fast food restaurant. The parking demand data was collected at 15 minute intervals during the time frame j of 11 AM to 2 PM. Additionally, the building square footages were obtained from the appropriate public agencies. A summary of the fast food restaurant parking demand is included in Table 2. The detailed parking survey sheets are included in Appendix "A ". As shown in Table 2, the maximum parking demand for the Burger King ranged from 19 to 21 spaces; for the Der Weinerschnitzel ranged from 22 to 34 spaces; and for the Taco Bell ranged from 56 to 62 spaces. The parking provided at each of these facilities was as follows: • Burger King = 54 spaces • Der Weinerschnitzel = 39 spaces • Taco Bell = 66 spaces The peak parking demand was contained with the existing available spaces at each of the project survey sites. ' Parking demand rates were determined for each of the survey sites. A summary of the hourly and maximum parking demand for each site is included in Table 3. The parking demand rates are expressed in terms of parking spaces per thousand square feet of building. The Burger King peak parking demand ranged from 8.92 to 8.86 )Jr, TABLE 2 FAST FOOD RESTAURANT PARKING DEMAND SUMMARY TIME BURGER KING BLDG. = 2.130 TSF' DER WEINERSCHNITZEL BLDG. = 2.295 TSF TACO BELL BLDG. = 2.397 TSF TUES. WED. THURS. TUES. WED. THURS. TUES. WED. THURS. 11:00 AMI 8 ial 5 41 2 4 34 34 29 11:15 AM 8 19 9 9 4 12 33 35 38 11:30 AM 10 15 11 12 8 11 40 46 41 11:45 AM 11 18 12 16 23 17 45 55 51 12:00 NOON 12 12 11 28 24 20 51 58 61 12:15 PM 10 9 20 34 24 22 56 51 61 12:30 PM 14 16 17 24 25 21 541 46 62 12:45 PM 16 14 17 281 21 21 46 48 52 1:00 PM 20 9 21 19 17 18 45 42 45 115 PM 16 51 11 24 16 19 43 44 56 1:30 PM 14 10 8 15 19 10 50 48 49 1:45 PM 12 11 8 12 17 7 38 44 38 2:00 PM 8 61 8 8 16 6 38 45 38 Maximum Parking Demand 20 19 21 341 25 22 56 58 62 ' TSF = thousand square feet of building 151 TABLE 3 FAST FOOD RESTAURANT PARKING DEMAND RATE PER TSF' ' Parking spaces per thousand square feet (TSF). Z TSF = thousand square feet of building A )6a ER KING BimED.. 0 TSF2 DER WEINERSCHNITZEL BLDG. = 2.295 TSF I TACO BELL BLDG. = 2.397 TSF I TIME THURS. TUES. WED. THURS. TUES. WED. THURS. 11:00 AM 3.756 8.451 2.347 1.743 0.871 1.743 14.184 14.184 12.098 11:15 AM 3.756 8.920 4.225 3.922 1.743 5.229 13.767 14.602 15.853 11:30 AM 4.695 7.042 5164 5.229 3.486 4.793 16.688 19.191 17.105 11:45 AM 5.164 8.451 5.634 6.972 10.022 7.407 18.773 22.945 21.277 12:00 NOON 5.634 5.634 5.164 12.200 10.458 8.715 21.277 24.197 25.448 12:15 PM 4.695 4.225 9.390 14.815 10.458 9.586 23.363 21.277 25.448 12:30 PM 6.573 7.512 7.981 10.458 10.893 9.150 22.528 19.191 25.866 12:45 PM 7.512 6.5731 7.981 12.2001 9.150 9.1501 19.191 20.025 21.694 1:00 PM 9.390 4.225 9.859 8.279 7.407 7.843 18.773 17.522 18.773 1:15 PM 7.512 2.347 5.164 10.458 6.972 8.279 17.939 18.356 23.363 1:30 PM 6.573 4.695 3.756 6.536 8.279 4.357 20.859 20.025 20.442 1:45 PM 5.634 5.164 2.817 5.229 7.407 3.050 15.853 18.356 15.853 2:00 PM 3.756 2.817 3.756 3.486 6.972 2.614 15.853 18.773 15.853 Maximum Parking Demand 9.390 8.920 9.859 14.815 10.893 9.586 23.363 24.197 25.866 ' Parking spaces per thousand square feet (TSF). Z TSF = thousand square feet of building A )6a spaces per thousand square feet; Der Weinerschnitzel ranged from 9.59 to 14.82 spaces per thousand square feet; and the Taco Bell ranged from 23.36 to 25.87 spaces per thousand square feet. As can be see by the survey data, the Taco Bell had substantially greater parking demand than either of the two other survey sites. This particular Taco Bell has one of the greatest overall demand for a fast food facility in this area. A summary of the peak parking demand rates at the three survey sites is included in Table 4. The average parking demand rates (non- weighted) would be 16.85 spaces per thousand square feet. This rate represents a level greater than the lowest and middle survey site, but less than the demand rate generated by the Taco Bell facility. This level of demand is most appropriate to utilize for calculating the expected parking demand for the proposed Burger King site. The currently proposed Burger King is expected to be 2,530 square feet. Based upon that square footage and the average peak parking demand rate, it would be anticipated that the Burger King would require a minimum of 43 spaces. This would cover the maximum peak demand expected during the noon hour. Some additional spaces (approximately 5% - 2 spaces) should be provided as an overage factor to account for variations in peak demand. This would yield a total of 45 spaces for the Burger King. FOOD SERVICES FACILITY PARKING REQUIREMENT The proposed food services facility building would consist of a total of 2 spaces with a total building square footage of 2,570 square feet. It is anticipated that two full service small scale restaurants would occupy these spaces for a total of 1,285 square feet each. Based upon the preliminary architectural plans, the public use spaces will be approximately 48% of the space or approximately 617 square feet for each restaurant. The City of Newport Beach parking code permits full service small scale restaurants to be parked at 1 spaces per three seats, however, use restrictions are required including: (1) a limitation to a maximum of 25 seats, (2) no live entertainment and (3) net public spaces of less than 1,000 square feet. Each of the two proposed food service restaurants would have to meet these criteria. It is anticipated that at least one of the food services facilities would be a breakfast oriented restaurant (i.e., bagel or muffin shop) which would have its peak parking demand occur in the early morning. This would not conflict with the proposed Burger King fast food restaurant would have a noon hour peak parking demand. E -7 I�' TABLE 4 FAST FOOD RESTAURANTS SUMMARY OF PEAK PARKING DEMAND RATES' SITE BUILDING SIZE (TSF)' PEAK PARKING DEMAND PEA PARKING DEMAND' Bu er Kin 2.130 21 9.859 Der Weinerschnitzel 2.295 34 14.815 Taco Bell 2.397 62 25.866 [Average Three Sites 2.2741 39 16.847 ' Parking spaces per thousand square feet (TSF). 2 TSF = thousand square feet of building m 9 I5`i Assuming a maximum of 25 seats for each of the two full service small scale restaurants, it is anticipated that a maximum parking requirement of 9 spaces each for a total of 18 spaces would be required for the food service facilities. RECOMMENDATIONS The following recommendations are made with respect to the overall site: 1. The 2,530 square foot Burger King should provide approximately 45 parking spaces to accommodate peak parking demand. 2. The two full service small scale restaurants should provide a total of 18 parking spaces. These two restaurants would have to be limited to 25 or fewer seats each, have no live entertainment and have less than 1,000 square feet of public space each. 3. Total parking for the entire (Burger King and food services facility) site would be 63 spaces. 4. The site design for the Burger King should be reviewed to insure that adequate drive - through lane capacity is available queuing to insure that all on -site parking spaces can be accessed. Based upon previous studies completed by RKJK, storage for at least 7 vehicles in the drive- through lane is necessary to insure adequate storage in the fast food drive - through lane. CONCLUSIONS RKJK has completed a parking survey of fast food restaurants for the proposed 5180 Jamboree Burger King site. Based upon this study parking demand has been estimated and recommendations with respect to specific amount of parking for the site has been recommended. If you have any questions regarding this or need further review, please give me a call at (714) 474 -0809. Sincerely, RKJK & ASSOCIA' Robert Kahn, P.E� * EXP 12131/01 / Principal \ \ RK:kgd /8010 \"r�AL N:1030 -98 -02 Attachments 10 1 �'5 APPENDIX A PARKING SURVEY WORKSHEETS ►5(. BURGER KING PARKING SURVEY Date of Survey: 4/7198 (Tuesday) Land Use: Burger King Address: 701 North Main Street Newport Beach, CA 92660 Building 2,130 Sq. Ft.: Number of 24 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY % 2 TOTAL PARKING DEMAND PER 1,000 SO. FT. OF BUILDING 11:00 AM 8 33.33% 3.76 11:15 AM 8 33.33% 3.76 11:30 AM 10 41.67% 4.69 11:45 AMI 11 45.83% 5.16 12:00 Noon 12 50.00% 5.63 12:15 PM 10 41.67% 4.69 12:30 PM 14 58.33% 6.57 12:45 PM 16 66.67% 7.51 1:00 PM 20 83.33% 9.39 1:15 PM 16 66.67% 7.51 1:30 PM 14 58.33% 6.57 1:45 PM 12 50.00% 5.63 2:00 PM 8 33.33% 3.76 ' Number of vehicles parking in parking spaces. 7 Percentage of the total parking spaces occupied. 15� BURGER KING PARKING SURVEY Date of Survey: 4/8198 (Wednesday) 1 Land Use: Burger King Address: 701 North Main Street Newport Beach, CA 92660 Building 2.130 Sq. Ft.: Number of 24 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY °k TOTAL PARKING DEMAND PER 1,000 SQ. FT. OF BUILDING 11:00 AM 18 75.00% 8.45 11:15 AM 19 79.17% 8.92 11:30 AM 15 62.50% 7.04 11:45 AM 18 75.00% 8.45 12:00 Noon 12 50.00% 5.63 12:15 PM 9 37.50% 4.23 12:30 PM 16 66.67% 7.51 12:45 PM 14 58.33% 6.57 1:00 PM 9 37.50% 4.23 1:15 PM 5 20.83% 2.35 1:30 PM 101 41.67%1 4.69 1:45 PM 11 45.83% 5.16 2:00 PM 6 25.00% 2.82 ' Number of vehicles parking in parking spaces. Z Percentage of the total parking spaces occupied. 15� BURGER KING PARKING SURVEY Date of Survey: 4/9/98 (Thursday) Land Use: Burger King Address: 701 North Main Street Newport Beach, CA 92660 Building 2,130 Sq. Ft.: Number of 24 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY %)' TOTAL PARKING DEMAND PER 1,000 So. FT. OF BUILDING 11:00 AM 5 20.83% 2.35 11:15 AM 9 37.50% 4.23 11:30 AM 11 45.83% 5.16 11:45 AM 12 50.00% 5.63 12:00 Noon 11 45.83% 5.16 12:15 PM 20 83.33% 9.39' 12:30 PM 17 70.83% 7.98 12:45 PM 17 70.83% 7.98 1:00 PM 21 87.50% 9.86 1:15 PM 11 45.83% 5.16 1:30 PM 8 33.33% 3.76 1:45 PM 6 25.00% 2.8 2:00 PM 8 33.33% 3.76 Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. X59 .r DER WEINERSCHNITZEL PARKING SURVEY Date of Survey: 4/7198 (Tuesday) Land Use: Der Weinerschnitzel Address: 4501 Jamboree Road Newport Beach, CA 92660 Building 2,295 Sq. Ft.: Number of 39 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY % s TOTAL PARKING DEMAND PER 1,000 SO. FT. OF BUILDING 11:00 AM 4 10.26% 1.74 11:15 AM 9 23.08% 3.92 11:30 AM 12 30.77% 5.23 11:45 AM 16 41.03% 6.97 12:00 Noon 28 71.79% 12.20 12:15 PM 34 87.18% 14.81 12:30 PM 24 61.54% 10.46 12:45 PM 28 71.79% 12.20 1:00 PM 19 48.72% 8.28 1:15 PM 24 61.54% 10.46 1:30 PM 15 38.46% 6.54 1:45 PM 12 30.77% 5.23 2:00 PM 8 20.51% 3.49 ' Number of vehicles parking in parking spaces. Z Percentage of the total parking spaces occupied. i 11 16D DER WEINERSCHNITZEL PARKING SURVEY Date of Survey: 418/98 (Wednesday) Land Use: Der Weinerschnitzel Address: 4501 Jamboree Road Newport Beach, CA 92660 Building 2,295 Sq. Ft.: Number of 39 Parking Spaces: TIME TOTAL VEHICLES PERCENT OCCUPANCY (%)2 TOTAL PARKING DEMAND PER 1,000 SQ. FT. OF BUILDING 11:00 AM 2 5.13% 0.87 11:15 AM 4 10.26% 1.74 11:30 AM 8 20.51% 3.4 11:45 AM 23 58.97% 10.02 12:00 Noon 24 61.54% 10.46 12:15 PM 24 61.54% 10.46 12:30 PM 25 64.10% 10.89 12:45 PM 21 53.85% 9.15 1:00 PM 17 43.59% 7.41 1:15 PM 16 41.03% 6.97 1:30 PM 19 48.72% 8.28 1:45 PM 17 43.59% 7.41 2:00 PM 16 41.03% 6.97 ' Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. 3 DER WEINERSCHNITZEL PARKING SURVEY Date of Survey: 4/9/98 (Thursday) Land Use: Der Weinerschnitzel Address: 4501 Jamboree Road Newport Beach, CA 92660 Building 2,295 Sq. Ft.: Number of 39 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY (% TOTAL PARKING DEMAND PER 1,000 SO. FT. OF BUILDING 11:00 AM 4 10.26% 1.74 11:15 AM 12 30.77% 5.23 11:30 AM 11 28.21% 4.79 11:45 AM 17 43.59% 7.41 12:00 Noon 20 51.28% 8.71 12:15 PM 22 56.41% 9.59 12:30 PM 21 53.85% 9.15 12:45 PM 21 53.85% 9.15 1:00 PM 18 46.15% 7.84 1:15 PM 19 48.72% 8.28 1:30 PM 10 25.64% 4.36 1:45 PM 7 . 17.95%1 3.05 2:00 PM 6 15.38% 2.61 ' Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. A 1�;� TACO BELL PARKING SURVEY Date of Survey: 4!7/98 (Tuesday) Land Use: Taco Bell Address: 4101 Jamboree Road Newport Beach, CA 92660 Building 2,397 Sq. Ft.: Number of 66 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY (%)' TOTAL PARKING DEMAND PER 1,000 SQ. FT. OF BUILDING 11:00 AM 34 51.52% 14.18 11:15 AM 33 50.00% 13.77 11:30 AM 40 60.61% 16.69 11:45 AM 45 68.18% 18.77 12:00 Noon 51 77.27% 21.28 12:15 PM 56 84.85% 23.36 12:30 PM 54 81.82% 22.53 12:45 PM 46 69.70% 19.19 1:00 PM 45 68.18% 18.77 1:15 PM 43 65.15% 17.94 1:30 PM 501 75.76% 20.86 1:45 PM 38 57.58% 15.85 2:00 PM 38 57.58% 15.85 RK:nam /8010 JN:1030 -98-02 Date: April 7, 1998 ' Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. 11 Z' TACO BELL PARKING SURVEY Date of Survey: 4/8/98 (Wednesday) Land Use: Taco Bell Address: 4101 Jamboree Road Newport Beach, CA 92660 Building 2,397 Sq. Ft.: Number of 66 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY (% TOTAL PARKING DEMAND PER 1,000 SQ. FT. OF BUILDING 11:00 AM 34 51.52% 14.18 11:15 AM 35 53.03% 14.60 11:30 AM 46 69.70% 19.19 11:45 AM 55 83.33% 22.95 12:00 Noon 58 87.88% 24.20 12:15 PM 51 77.27% 21.28 12:30 PM 46 69.70% 19.19 12:45 PM 48 72.73% 20.03 1:00 PM 42 63.64% 17.52 1:15 PM 44 66.67% 18.36 1:30 PM 481 72.73% 20.03 1:45 PM 44 1 1 66.67%1 18.36 2:00 PM 45 68.18% 18.77 ' Number of vehicles parking in parking spaces. 2 Percentage of the total parking spaces occupied. t ti TACO BELL PARKING SURVEY Date of Survey: 419198 (Thursday) Land Use: Taco Bell Address: 4101 Jamboree Road Newport Beach, CA 92660 Building 2,397 Sq. Ft.: Number of 66 Parking Spaces: TIME TOTAL VEHICLES' PERCENT OCCUPANCY (%)' TOTAL PARKING DEMAND PER 1,000 SO. FT. OF BUILDING 11:00 AM 29 43.94% 12.10 11:15 AM 38 57.58% 15.85 11:30 AM 41 62.12% 17.10 11:45 AM 51 77.27% 21.28 12:00 Noon 61 92.42% 25.45 12:15 PM 61 92.42% 25.45 12:30 PM 62 93.94% 25.87 12:45 PM 52 78.79% 21.69 1:00 PM 45 68.18% 18.77 1:15 PM 56 84.85% 23.36 1:30 PM 49 74.24% 20.44 1:45 PM 38 57.58% 15.85 2:00 PM 38 57.58% 15.85 ' Number of vehicles parking in parking spaces. 7 Percentage of the total parking spaces occupied. r C, 07 u5: 95 NIfU 11:06 FAX 503481061-, 1'104 H µ01)1_1)klDCI. FAX _ Date Z` / "/'9 Number of pages including cover sheet �c/� Cs) to 00 1 MR. THOMAS H. WOOLDRIDGE 1735 Corbett Highlands Place Arroyo Grande, CA 93420, L RECEIVED BY PLAN ING DEPARTMENT CITY OF NEWPORT BEACH AM JUL 0 8 1998 PM 71819110111112111213141816 I To: From: /C/� MR. THOMAS H. C, ✓ �� // WOOLDRIDGE _ /7 1735 Corbett Highlands �c Place 41 Arroyo Grande, CA / 93420 Z6r�isS /rte Phone — Fax Phone ��W�32SQ cc, Urgent ❑ For your review Phone (805) 473_0216_ Pax Phone 18051481 -0627 Reoly ASAP ❑ Please comment C -/ �G�/v5 %/'.aLGf -T /Gill lt�b ..; 0.4.98 1:07 1 '.1S bus 4b10 61; 1'104 II "HOLDRIMA Irf 002 80 /o 7:s1 /cn,J c f - TZ�L (�/V' ✓�cn 26 /998, L'i %!o� /Jc'f�fiC 5ju�y�v. / /lo AWd 3635- mti �/%f/i% /mod %9c�,7�.•I�.BL� /3S %.�'C� . O I (I o -. ob. ss NGU 1 1:07 1 U 805481 o9_7 rroN a xuuwKluGAi 4L003 ��� S172r�T �ii�� ��ir.'ST�ite�'ia�a Cz� �c�LV /,Li �,�• ��� � /L�. %� LL� ��� /T /�iv.�G �c GG .SFill�iC� S/i� (SG• Xow C✓' ge /s rv,�„ ssG-L O 4>7- '7 U. US 9S k1A) 11:09 IAX SU34SIUU'7 1'104 II WUULUHIUGIC 14ou4 D �L / GAT LSSL /-T Gf' G��y�Lc -�yJ- yat,L �Gs> �,��oi.� /•rJ /olllwlA- 7 r / i i f f i r 07 US 9S 'AED 11. IU 1'AS S0346I0627 1 -101 II NUUI.URIUGL T -7 1 ,S. l ✓ti:, f:� Q TELLER AVENUE I! CFO C10 b1r0r H(w9ngT eucx ..cx llr /PAULA j1NMLL1Alt it 116\ L. I I� I m I I I ti °i 41 I 1 +! t S u x CC 00 Pl,N•N I l � •• I q. ;I . el r.l'ry.•... flquPlt i l l 'I IY I � iel. u. elr•,l ,l �I "I IiIN..::LN1 ¢ 6••CM. ar� L�'u � V I � ILO .•1 i�• - I F�.:�. l a i }: f.,!![rworS Jr NE1PNP!BE <CH _IIF +a• �- 314)•1' lhO fL' °•`" " "' JAMBOREE BOULEVARD T; \VA�A 11l 4.1-.b 1-• / It C /TY L /Ar/T9 Of /RY /Nf vG,¢o•r ccrer •W.1 I,•a >' u 1 .1 DOw1 +A1 %'P1+.'F U41.1..•T Arrn.)Afu rPOM HIP CH SIRLCr IS A(OMOVEO 1-N I'll N'.ON W 1141 11-1111 111111 MAY OF RCOUTACO. T..4 Pr AHI M O$ $MOWN 1. rnf 1, +Aq / A S C 0 O N Tait C 1 N It R LIN E 01 0.x G191 n C LT no Nc. N +01;1 ) A' w A S 4 MOW N ON T A Af. 119 l\.M'\C. MAPS ):O /70.AECOg19 OO ORANGE COUfITrr CALIFORNIA NorE 0. Z•c' I r. Of EIS I RUN 141 TL :11-1.111 10 1.,1 4TY OT MIr1 FytG /GwGN H Ir^ 170 L1T"LIwrIT I"...IVO 1 C1 C IN .e1W'ffklt 141\ tkLjUUJ 1 .` ro RIO ]G/ Wefa HON OLJ AIIM- IRC t1i MONUAMNT NOTES 1. iCT VMON RIO /TAOOEO -LS 3109-AT ALL CORNERS SNOW( THUS I 2 rOUNO -'4014 FIM TAGGTO -L.G 3109-ATLLLC0QW4RS /HC T14L ° - -+---- PER TRACT 7933. 3 FC f ":RON PTT TAOOCD -L 9 31O1-AT ALLCORNCA$ SHO RR TR4r.1 71%% N16 JUL 09 ' °3 �J,: 33Ph1 NEWPORT FEDERAL July 9, 1998 Planning Commission City of Newport Beach Attention: Thomas Ashley, Secretary SENT VIA FAX ONLY (949)644 -3250 Re: Notice of Public Hearing for 5130 Birch Steet Project Hearing Date: July 9, 1993 Gentlemen: P.1 We are the owners of the property located at 4425 Jamboree Road,Newport Beach. We are adjacent to the property used for a Wienersehnitzel restaurant and which adjoins 5130 Birch Street. We did not receive a notice of the hearing regarding the property on the corner of Birch and Jamboree which was previously used as a Carrows restaurant and is apparently the subject of this hearing, until we were notified by one of our neighbors today. We understand the report to the Planning Commission for this hearing is many pages in length and includes detailed traffic studies, parking studies and analysis, both by the City staff and outside firms. Due to the limited time to respond in this matter, we respectfully request that this (tearing be postponed to a later date to allow us to review this matter, its impact on our property and to obtain professional help, if needed. However, based upon our limited understanding of this project, we believe that it will worsen an already difficult parking situation, impair the ability of our tenants to access their offices from both Jamboree and Birch and pose safety hazards from the increased traffic. We also understand that any development of this property and the other properties in this area is subject to certain CC &Rs which require property owners consent. Sincerely, NEWPOR L Chad Homing, Vice President GADUKOplumm dec RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM JUL 0 9 1998 PM 71819 JO 1111121112131411516 I 4425 JAMBOREE, SUITE 250 • NEWPORT BEACH. CA 92660 • (714) BSI -9391 • FAX (714) 851 -0450 X11 714 - 474 -0529 LAW OFFICES cc: Garold Adams Thomas Ashley Richard Fuller Anne Gifford Michael Kranzley Tod Ridgeway Edward Selich x MARTIN B. WEINBERG 353 P02 JUL 09 '98 15:35 [J )Ja .as.rsmi 3Cn=OduLW ;v.:ar3 "RECEIVED AFTER AGENDA Am a a t,rerre �o c ai Co pe anon p r n RlVIeJ7: �e &-cr. 3eacn CA 1.'558 -3302 Rockwell semiconduciorSYstems Ju:y 27, '958 c'ty of Newport Beach Members of the City Ccur -d 3300 Newport Boulevard Newport Beach, Ca 925:5 RE 5180 Birch Street Protect Dear City Council Members: As owners of adjacent property, Rockwell Semiconductor Systems, Inc. would tike to take this opportunity to express our concerns regarding the proposed development at 5180 Birch Street. Inadequate allocation of parking spaces at the proposed site could potentially :lead to overflow parking in the adjacent Rockwell parking lot by patrons leading to liability issues and potential parking issues for our manufacturing facility. Because the proposed waiver is based on 6 (a) of Chapter 20.50.10, which permits the waiver of the number of off - street parking spaces required if ;,tie perking demand will ce 'ess than the requirement in Section 20.55.030, we are very concerned about infomrl provided to the Courcil in the Parking Demand Study, :rst, the Parking Demand Study references Taco Bell's Jamboree site, w� :ch was also grarted a waiver based on the premise that walk -in" patrons would reduce the number of required parking spaces. The Par:cing Demand Study submitted clearly shows that the demand for parking at Taco Bell actually exceeds code requirements, ranging from 23.35 to 25.87 scares per thousand square feet. Taco Bell did not have a "decrease in demand" occur because of "walk-in" patrons. This site most c!cse!y resembles the proposed plan for Burger Kir.g. We simply ask ir comparing the sites, the Council take in to consideration that the premise "less parking will be required" has proven to be untrue, We urge that Code requirements should be a minimum. and variances only granted when there is a clear picture that the decrease demand is likely to occur. Secondly.. the Parking Demand Study does not use the "best examples" available in the surrounding area. While the use of Taco Bei! and Der Weinerschnitzel provide a clear picture of the parking cemarlds of a fast food provider in this area, the use of "outside refererces" such as the Burger King in Santa Ana does not There are numerous fast food locations in the vic nity of the proposed sate: Carl JR's at Von Karmen and Campus, Carl JR's at Bristol and Birch: a Burger K:rg on Bristol between Birch and Jamboree; Mac Donald's on Bristol. The sites used for the parking demand study should be as site specific as possible.. Because there are fast food providers in the surrounding area, using "outside" references do not provide the Council with accurate information to base a decision on, especially when the "outside reference" provides the lowest number from which an average is to be drawn. We urge that more information should be required before a waiver is granted With the ctear example provided by the Taco Ben data show :ng a decrease demand is not evident, we object to the development plan as submitted and we encourage the Crunch to take into account the negative impacts a waiver could have or the adjacent properties. Thank you for the aopor:urilry to express our concerns r=egarding this issue Respectfully, P,!chard Bluth Director of =aciliues wco4 CITY OF NEWPORT BEACH Hearing Date: COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: n > PLANNING DEPARTMENT Staff Person: \3300 NEWPORT BOULEVARD �a- NEWPORT BEACH. CA 92658 (949) 644-3200: FAX (949) 644.3250 REPORT TO THE MAYOR AND CITY COUNCIL PROPOSAL: Breckenridge Group (John Gantes, applicant) 5180 Birch Street APPLICATIONS: AmendmentNo.876 Use Permit No. 3635 Traffic Study No. 116 Traffic Study Condition No. 2: July 27, l 19 Marc Myers (949) 644 -3210 Should the City Council act to approve these applications, staff suggests the following modification to traffic study condition 2. This change provides more specificity to the applicant on the cost associated with the condition. 2. Prior to the issuance of a building permit, the applicant shall pay a fee equal to 1.32% of the cost to construct the improvement identified for the intersection of Jamboree Road and MacArthur Boulevard, not to exceed $5,000. If the actual cost of this improvement has not been identified at that time, $5,000 shall be deposited with the City until such time as the cost is defined, at which time any overpayment shall be.refunded to the applicant. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: MARC W. MYERS Associate Planner