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HomeMy WebLinkAbout1612 - APPROVE UP AND DP_700 W. COAST HWYRESOLUTION NO. 1612 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -029 AND DEVELOPMENT PLAN NO. 2002 -001 FOR PROPERTY LOCATED AT 700 W. COAST HIGHWAY. (PA2001 -155) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by McDonald's Corporation, with respect to property located at 700 W. Coast Highway and legally described as Parcel 1 of Parcel Map No. 88 -181, requesting approval of Use Permit No. 2001 -029 and Development Plan No. 2002 -001 to authorize the redevelopment of the existing McDonald's restaurant where the existing restaurant will be demolished and a new 3,113 sq. ft. restaurant building will be constructed with a reconfigured drive -thru. The application also requests a partial waiver of parking. Section 2. A public hearing was held on December 5, 2002, August 215t and September 0 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The Land Use Element of the General Plan designates the site for Retail and Service Commercial uses. Drive -thru restaurants are permitted within this category. 2. The proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The objectives of the Zoning Code are to promote the public health, safety, peace, comfort, and general welfare and to protect the character and social and economic vitality of all districts. The existing fast food use has been operating at the project site since 1971 and has proven to be compatible with surrounding uses. The property is zoned RSC (Retail and Service Commercial), which permits the proposed use pursuant to obtaining a Use Permit. The proposed use as modified is consistent with these primary objectives of the Zoning Code and the purpose of the RSC zone as the location is designated for commercial uses. 3. The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The project site is located on a major highway and the use has been operating at the site for many years without incident. The project should not prove detrimental to the area under the proposed draft conditions requiring a reduction in operating hours and strict compliance with landscape, screening, lighting and sign standards applicable to Mariner's Mile. The site plan minimizes vehicle conflicts associated with exiting the drive -thru lane. The time period at which the drive -thru Planning Commission Resolution No. Paae 2 of 9 queue might create possible vehicle maneuvering is limited based upon the queuing analysis prepared for the project. Conditions of approval have been included requiring the applicant direct vehicles in a safe manner to reduce vehicle conflicts and enhance safety when the drive -thru queue affects access to the site. 4. The proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The Zoning Code provides no specific conditions on how the proposed fast food, take -out or drive -thru restaurants must operate other than the restaurant development standards. Although the project as designed requires a waiver of parking and perimeter walls, expected parking demand indicates that adequate parking is incorporated within the project and perimeter walls are not necessary due to the location of the property, abutting uses and landscape hedge across the front of the property. 5. The Development Plan application is consistent with the Mariner's Mile Strategic Vision and Design Framework and applicable ordinances and policies provided the following changes to the project are incorporated: a. Modification of the landscape plan to comply with landscape standards of the Zoning Code. b. Reduction in hours of operation to promote compatibility with nearby residential uses. c. Strict compliance with lighting and sign standards of the Zoning Code. The use of the building requires increased ventilation requirements making a roof on the building difficult. The project incorporates screening elements that provides some screening of roof -top mechanical equipment. 6. The requested parking waiver is acceptable as the expected parking demand will fall below that anticipated by the Zoning Code. This is based upon a parking demand survey at the existing site, which is comparable to the proposed restaurant, indicating that parking demand will be less than the 30 spaces to be provided. The City Traffic Engineer has reviewed and accepts the conclusion of the parking demand study. The probable long -term occupancy of the building, based on its floor plan and the design and presence of the drive -thru operation, will not generate additional parking demand. The drive -thru restaurant is located in an automobile oriented area of Mariner's Mile along W. Coast Highway, which takes the focus off dining within the restaurant and thereby reduces parking demand. The lack of a children's play structure also reduces parking demand. 7. The project qualifies for a Class 2 exemption for the replacement or reconstruction of an existing commercial structure located on the same site of substantially the same size, purpose and capacity. The existing fast food restaurant is 3,141 sq. ft., which will be replaced with a 3,174 sq. ft. fast food restaurant with a reconfigured drive -thru. Section 4. Based on the findings above, the Planning Commission hereby approves Use Permit No. 2001 -029 and Development Plan No. 2002 -001, subject to the conditions set forth in Exhibit "A." Planning Commission Resolution No. 3of9 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 4th DAY OF SEPTEMBER, 2003. Earl McDaniel, Chairman BY: Michael Toerge, Secretary AYES: Eaton, Cole, Toerge, McDaniel, Selich. Kiser and Tucker EXCUSED: None NOES: None Planning Commission Resolution No. _ Paae4of9 EXHIBIT W, , CONDITIONS OF APPROVAL USE PERMIT NO. 2001 -029 & DEVELOPMENT PLAN NO. 2002 -001 1. The development shall be in substantial conformance with the plans identified as follows except as modified by other conditions of approval: Sheet Date Sheet Date C1 4 -22 -02 Al 4 -25 -03 C2 3 -26 -03 A2 4 -25 -03 C3 4 -2 -03 A3 4 -25 -03 L -1 4 -25 -03 A4 4-25 -03 Color Elevation 8-29 -03 2. Use Permit No. 2002 -029 & Development Plan No. 2002 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 4. Changes in operational characteristics, hours of operation, expansion in area or operation characteristics, or other modification to the floor plan or site plan may require an amendment to this Use Permit or the processing of a new Use Permit. 5. 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 agent. 6. The exterior of the restaurant shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 8. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Planning Commission Resolution No. Page 5 of 9 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, restaurant operations, drive -thru operations and mechanical equipment. Background music, if provided, shall be limited to the interior of the facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 10. Hours of operation shall be from 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. 11. The proposed trash enclosure shall have a decorative, solid roof for aesthetic purposes and sound attenuation. Gates shall be self- closing. Every effort shall be made by employees of the applicant to ensure that refuse disposal is conducted in a sensitive manner and that excessive noise is not generated. 12. The landscape plan shall be revised to be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. The applicant shall revise the conceptual plan to include the use of Washingtonia robusta palms as required by the Zoning Code. The applicant shall re -use and or relocate existing queen palms to the maximum extent. 13.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation Between the hours of TOOAM and 10:OOPM Between the hours of 10:0013M and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 10. Hours of operation shall be from 5:OOAM to 2:OOAM with the dining room closed between 11:30PM and 2:OOAM daily. 11. The proposed trash enclosure shall have a decorative, solid roof for aesthetic purposes and sound attenuation. Gates shall be self- closing. Every effort shall be made by employees of the applicant to ensure that refuse disposal is conducted in a sensitive manner and that excessive noise is not generated. 12. The landscape plan shall be revised to be in compliance with all applicable requirements of the Zoning Code including but not limited to the hedge and palm row and bluff landscaping as required pursuant to the Mariners Mile Strategic Vision and Design Framework. The applicant shall revise the conceptual plan to include the use of Washingtonia robusta palms as required by the Zoning Code. The applicant shall re -use and or relocate existing queen palms to the maximum extent. 13.The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 14.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation Planning Commission Resolution No. Page 6 of 9 systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 15. The project shall incorporate a nautical flag pole design similar to that used by Newport Beach City Hall. 16. Signs shall be in compliance with the Zoning Code, including but not limited to those applicable standards of the Mariner's Mile Overlay zone. 17. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed 20 feet in height. 18. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19.An Encroachment Agreement/Permit shall be required for the construction of improvements within the public sewer easement. The applicant and their contractors shall coordinate with the City to ensure that the existing sewer main is replaced. 20.The applicant shall provide a new sewer lateral to the restaurant if deemed necessary by the Utilities Department based upon the condition and location of the existing sewer lateral. Sewer cleanouts shall be provided in accordance with Utilities Department standards. A grease interceptor of adequate size shall be provided and it shall be maintained throughout the operation of the use. 21.All cooking equipment that has the potential to produce grease laden vapors shall be provided with a fire protection hood and fire suppression system to be reviewed and approved by the Fire Department. 22.All improvements shall be constructed as required by Ordinance and the Public Works Department, and shall be completed prior to issuance of a Certificate of Occupancy. 23.The intersection of the driveways with West Coast Highway shall be designed to provide sight distance for a primary roadway per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside Planning Commission Resolution No. Paae7of9 the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval of the Traffic Engineer. 24. The noses of the curbed landscaped islands at four locations (at the ends of the double - loaded aisle way) shall be pulled back two feet from the rear of the parking spaces. 25. The drive -thru aisle at the rear of the proposed building (easterly side of property) shall have a minimum width of 12 -feet rather than 11 -feet. 26.The onsite parking and vehicular and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 27. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, additional street trees shall be provided and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department. 28.The applicant shall agree that the proposed development will not increase the need for on- street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re- striping or widening of West Coast Highway on the grounds of loss of on- street parking. 29. Public Works Department plan check and inspections fees shall be paid. 30. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagpersons. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 31. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. 32. New curb and gutter, sidewalk and driveway approaches shall be constructed along the entire West Coast Highway frontage of the property in accordance with an encroachment permit issued by the California Department of Transportation ( Caltrans). Street improvements as well as drainage and utility improvements within Caltrans right -of -way shall be shown on standard improvement plans prepared by a licensed civil engineer. 33.Catch basins are to be constructed at all locations where drainage from surface runoff is proposed to be discharged through curb outlets. Each catch basin shall be bottomless and constructed over permeable material, as well as having a fossil filter system. The objective is to improve the quality and decrease the quantity of water runoff by providing for on -site percolation to the maximum extent possible. 34.An alternate site plan shall be prepared demonstrating that on -site parking, vehicular circulation, and pedestrian circulation systems can be modified and still function Planning Commission Resolution No. _ Page 8 of 9 satisfactorily if West Coast Highway is widened into the full 12 -foot width of additional right -of -way dedicated to the City in 1988 with the recordation of Parcel Map 88 -181. 35.An Encroachment Agreement shall be executed prior to the issuance of a building permit for new construction covering the rights and obligations associated with the use of the 12- foot strip of additional street right -of -way for on -site improvements in accordance with the approved site plans for the proposed project. 36.A hydrology and hydraulic study for the project shall be prepared by the developer's licensed civil engineer, along with a master plan of water, sewer, and storm drain facilities for the on -site improvements prior to issuance of a grading permit. Any modifications or extension to the existing storm drain, water and sewer systems that the study shows to be required shall be the responsibility of the developer. 37. The site plan shall be revised to include painted markings on the pavement in the on -site drive isle leading from the eastern driveway for the drive -thru lane indicating "Keep Clear at all times." These markings shall be painted on the pavement in a contrasting color (white or yellow) and shall be repainted as necessary. 38. The drive -thru facility shall be operated in such a manner that vehicles will not be allowed to block driveways or impact Coast Highway. Drive -thru operations shall be monitored at all times by the applicants' representatives on -site. To prevent vehicle queuing in the eastern driveway, incoming customers shall be directed to queue along the on -site parking aisle parallel to Coast Highway while maintaining the "keep clear" zone specified above open at all times. Traffic congestion problems occurring on West Coast Highway related to the drive -thru facility shall be immediately corrected. Should traffic congestion problems not be eliminated or it is determined that traffic management is not effective in the elimination of vehicle conflicts, the Public Works and Planning Department may require the implementation of operational or physical corrective measures. 39.The roof, roof screens and equipment located on the roof shall be painted or otherwise treated in a consistent fashion such that they blend together in harmony with the overall architectural design of the building to reduce their visibility from Coast Highway and above. 40.A wash -out area for refuse containers and kitchen equipment shall be provided and the area shall not drain into the storm drain system. The area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 41. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by an amendment to this food service permit. 42. Kitchen exhaust fans and vents shall be fitted with air scrubbers, catalytic converters or other devices to control smoke and odor. The best available technology shall be used. The equipment shall be designed and installed in accordance with the applicable codes subject to the approval and inspection of the Building Department. Planning Commission Resolution No. Paae 9 of 9 43.The business operator shall regularly clean all awnings on the exterior of the building. Awnings shall be replaced when they become noticeable faded or when cleaning fails to be effective. 44.The applicant shall work with the Planning Department to lower the roof top equipment screens as much as possible and the screen structures shall be designed in the most effective manner to screen the view of the equipment from the homes above.