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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
NOTICE OF INCOMPLETE FILING
September 15, 2022
CAA Planning
c/o Pua Whitford
30900 Rancho Viejo Rd, Unit 285
San Juan Capistrano, CA 92675
pwhitford@caaplanning.com
Application No. Minor Use Permit (PA2022-0165)
Address 4501 Jamboree Road
Please be advised that after reviewing the subject application to convert the existing
Wienerschnitzel drive-through into a Starbucks drive-through, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process.
The following documentation is required to complete the application:
1.Project Plans
i)Square Footage
Clarify square footage of the: a) gross floor area, b) outdoor dining patio area,
c) net public area (interior) for the proposed condition. Currently the plans only
provide a lump number of 2,117 sq. ft. and the number of seats.
Please provide the: a) gross floor area, b) outdoor dining patio area, c) net
public area (interior) for the existing condition.
ii)Trash Enclosure
Demonstrate that the trash enclosure is both sized appropriately and
designed to the current code requirements of the Newport Beach Municipal
Code (NBMC), section 20.30.120 (Solid Waste and Recyclable Materials
Storage).
iii)Landscaping
Demonstrate how the provided landscaping meets the standards of Part V
General Landscape Standards of the Koll Center PC.
1. Eating and Drinking Establishments are generally parked at a rate of 1 per 40 sq. ft. of net
public area, including outdoor dining areas exceeding 25% of the interior net public area or
1,000 sq. ft., whichever is less.
Proposed landscaping will be subject to the City’s Water Efficient Landscape
Ordinance (WELO) and require a Landscape Documentation Package at
building permit submittal.
iv) Outdoor Patio
Please identify the type of barrier.
v) Lighting
Is new site lighting proposed as part of the project? Will the menu boards be
illuminated? Will any illumination spill over the property line (beyond 1-foot
candle)?
vi) Project Signage.
Add note to cover sheet: Signs will be under a separate review and approval
of a comprehensive sign program (or equivalent statement).
2. Parking
i) The project description states that the number of parking stalls provided is
decreasing from 30 to 29 due to accessibility and circulation improvements.
The overall number of ADA spaces provided is not increasing. Per NBMC
20.48.080 (Drive-Through and Drive-Up Facilities), “the provision of drive-
through service facilities shall not justify a reduction in the number of off-street
parking spaces required in compliance with Chapter 20.40 (Off-Street
Parking).
Unclear how the reduction in provided parking is related to ADA
improvements rather than the reconfiguration for a more robust drive through.
ii) Project description parks the restaurant per the Koll Center PC rate of a
“restaurant within a retail or service center”. The proposed eating and drinking
establishment is not a part of a shopping center and has historically been
parked at a rate of 1 per 50 square feet plus number of employees (See use
permit UP1797C). This is comparable to the fast-food parking rate provided
in NBMC 20.40.040 (Off-Street Parking Spaces Required).
iii) The existing parking is nonconforming for a fast-food use and the project
cannot reduce the number of parking spaces provided solely to accommodate
a more robust drive through.
Consider: a) reconfiguring parking and drive through layout to maintain the
provided parking at 30 stalls, b) parking the project at the eating and drinking
establishment rate1 rather than the fast-food rate, or c) applying for a
Conditional Use Permit to adjust the number of required off street parking
spaces (NBMC 20.40.110).
3) Project Description
Please add a discussion of how late night and early morning operations are expected
to impact the surrounding land uses.
4) Project Review Request (PRR).
Page 3
Plans were routed to the Building Division and EMP plan checker, Fire/Life Safety
Services Division, and Public Works Department. The Building Division and Fire/Life
Safety Services Division returned no comments. EMP comments are forthcoming
and will be forwarded when available.
Please see the attached comments provided by the Public Works Department.
Comments are substantial enough to potentially alter project design and must be
addressed prior to scheduling the project for a public hearing.
Upon verification of completion, the application will be processed and scheduled for a
Zoning Administrator hearing.
Should you have any questions regarding submittal requirements, please contact
jperez@newportbeachca.gov, 949-644-3312.
By:
Attachments:
Public Works – Redlines and PRR Comments
Planning – Redlines and Correction Sheet
PC 15 Koll Center Part V
NBMC section 20.30.120
UP1797C
Dr '\ c:. \6,\\ C'PvU-:'-COMMERCIAL ZONING CORRECTIONS (Cont'd) (
\ - -- J All signs shall be in compliance with C-Aaf,te1 20.42 of the ZoAiAg Code or an approved sign program and 83. "{' require separate review and permits. ADD THE FOLLOWING NOTE ONTO SHEET NO.� "Signs under
separate reviews and permits."
84.Comments:
RESTAURANTS-SECTION 20.48.090 {EATING AND DRINKING ESTABLISHMENTS} OF THE
N.B.M.C.
85. Proposed Net Public Area: __ square feet
86.Proposed Outdoor Patio Area: __ square feet
87.Proposed Seating: __ indoor __ outdoor
88.Hours of Operation:
89.Alcohol License Type:
90. WASHOUT AREA. Label the required washout area for floor mats and trash containers. The area must be a minimum unobstructed size of three feet wide by three feet deep by six feet hig,1. Labei tile dimensions on the plans and show how the wash out area drains to the sewer system on the plumbing plans.
91. GREASE INTERCEPTOR. On the plumbing plans, indicate where the grease interceptor is located and how
it connects to the sewer system.
92. Comments:
MIXED-USE PROJECTS-CHAPTER 20.22 {MIXED-USE ZONING DISTRICTS} OF THE N.B.M.C.
Minimum lot area per unit: __ Maximum lot area per unit: __
DENSITY No. of Units Allowed: --No. of Units ProQosed: --
Demo Proposed D Yes D No No. of units to be demolished --
93. Comments:
GROSS FLOOR AREA
Proposed Gross Floor Area (unit 1 ): __ square feet 94.Proposed Gross Floor Area (unit 2): __ square feet
Proposed Gross Floor Area (unit 3): __ square feet
95.Comments:
OPEN SPACE •Open space must be located within the buildable envelope (within the setback; under the height limit)
Open space must be open on a minimum of one side
96.
97.
COMMON OPEN SPACE: Common open space must provide a minimum 15-foot length and width dimension
Requirement= 75 sq ft/ unit x __ units= __ square feet
Common open space provided = __ cubic feet
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Page 7 of9
X
X
X
X
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PART V. GENERAL LANDSCAPE STANDARDS
Section I. General Statement (1)
Detailed landscape and irrigation plans, prepared by a registered Architect or under the direction of a Landscape Architect, shall be submitted to and approved by the Community Development Director prior to issuance of a
building permit and installed prior to issuance of Certificate of Use and
Occupancy. Landscape in the public right-of-way shall be installed per plans and specifications approved by the Public Works Director and in accordance with Public Works Standards.
All landscaping in this section shall be maintained in a neat and orderly fashion.
Periodic inspections will be made as directed by the Community Development Director and reports submitted with regard to the condition of maintenance. If suggestions of improvement are made, and are in the realm of the Maintenance Standards, the work shall be corrected within thirty (30) days of receipt of the
report.
A. Maintenance 1. All planting areas to be kept free of weeds and debris.
2. Lawn and ground covers to be kept trimmed and/or mowed regularly. 3. All plantings to be kept in a healthy and growing condition.
Fertilization, cultivation and tree pruning are to be carried out
as part of regular maintenance. 4. Irrigation systems are to be kept in working condition. Adjustment and cleaning of system should be a part of regular
maintenance.
5. Stakes, guys and ties on trees should be checked regularly for correct function; ties to be adjusted to avoid creating abrasions or girdling to the stems.
6. Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within thirty (30) days. B. Front Yard Setback Area
1. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery.
All unpaved areas not utilized for parking shall be landscaped
in a similar manner. Full coverage of ground cover to be expected in a minimum of three (3) months.
38
2. Special Landscaped Street
The entire area between the curb and the building setback line
shall be landscaped, except for any driveway in said area. Tree size to be no less than 24-inch box. 3. Other Streets
The entire area between the curb and a point ten (10) feet back in the front property line shall be landscaped except for any driveway in said area. Tree size to be no less than 24 inch box.
C. Side Yard and Rear Yard
1. General Statement All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree
materials. 2. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition, but need not be landscaped. 3. Screening
Areas used for parking shall be screened from view or have the view interrupted by landscaping and/or fencing from access streets, freeways and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees of a sufficient size and height to meet this
requirement when initially installed. 4. Boundary Areas
Boundary landscaping is required on all interior property lines.
Said areas shall be placed along the entire length of these property lines or be of sufficient length to accommodate the number of required trees. Trees, equal in number to one (1) tree per twenty-five (25) lineal feet of each property line, shall
be planted in the above defined areas in addition to required
ground cover and shrub material. Minimum width of property line landscaping shall be three (3) feet. 5. All landscaped areas shall be separated from adjacent vehicular
areas by a wall or curb, at least six (6) inches higher than the
adjacent vehicular area. D. Parking Areas
39
Trees, equal in number to one (1) per each five (5) parking stalls, shall
be provided in the parking area. Planting area around building shall
not be included in parking area. Planting of trees may be in groups and need not necessarily be in regular spacing. E. Sloped Banks
All sloped banks greater than 5 to 1, or six (6) feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated with full coverage in accordance with plans submitted and approved by the Community Development Director.
F. Loading Areas 1. Street side loading on other than special landscaped streets, shall be allowed providing the loading dock is set back a
minimum of seventy (70) feet from the street right-of-way line
or one hundred ten (110) feet from the street center line, whichever is greater. Said loading area must be screened from view from adjacent streets.
G. Storage Areas
1. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen up to a point eight (8) feet in
vertical height but need not be opaque above that point.
2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles.
3. No storage shall be permitted between a frontage street and the building line. H. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage
street and the building line. 3. Minimum width for landscaping shall be three (3) feet around refuse collection areas.
I. Telephone and Electrical Service
40
All “on-site” electrical lines (excluding lines in excess of 12 KV) and telephone lines shall be placed underground. Transformer or terminal
equipment shall be visually screened from view from streets and
adjacent properties, or an approved method of display. J. Pedestrian Access (1)
It is required of all developments in the commercial areas to submit a
plan of pedestrian access to the Community Development Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development
of the property. The plan shall show all interior walkways and all
walkways in the public right-of-way, if such walkways are proposed or necessary. K. Landscape Plant Vocabulary (1)
It is the intent of this standard to provide flexibility and diversity in plant selection yet maintain a limited variety to give greater unity to the development. At the direction of the Community Development Director, material lists and a street tree master plan shall be developed
to aid in this development.
All trees occurring in the ten (10) foot setback shall be no less than 24 inch box. The parking lot trees shall be no less than fifteen (15) gallon size.
Shrubs to be planted in containers shall not be less than one (1) gallon size. Ground covers will be planted from one (1) gallon containers or from root cuttings.
Every effort should be made to avoid using plants with invasive and
shallow root systems with fruit that would stain paving or automobiles. L. Earth berms shall be rounded and natural in character, designed to obscure automobiles and to add interest to the site. In cases where the
ratio of width and height of berm creates a bank greater than 3 to 1,
shrubs or walls can be used as shown in illustration (b) (c). Wheel stops shall be so placed that damage to trees, irrigation units and shrubs is avoided.
M. Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and irregular groupings may add interest. Care should be exercised to allow plants to grow and maintain their ultimate size without restriction.
N. Storage areas are to be provided with an opaque screen up to a point of
eight (8) feet in vertical height. Combination of plantings can be used to further soften hard materials and give continuity to planting.
9/15/22, 2:25 PM Chapter 20.30 PROPERTY DEVELOPMENT STANDARDS
https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2030.html#20.30.110 1/3
20.30.120 Solid Waste and Recyclable Materials Storage.
A. Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in
compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Section 42900)
and Chapter 6.04 (Garbage, Refuse and Cuttings) and Chapter 6.06 (State Mandated Municipal Solid Waste Diversion
Programs).
B. Applicability.
1. New Developments. All new development projects requiring a building permit shall provide adequate, enclosed areas
with solid roofs for collecting and loading solid waste and recyclable materials.
2. Existing Developments Undergoing Alterations. An existing development that is undergoing alterations, including
remodeling and additional floor area, shall provide adequate, accessible, and convenient enclosed areas with solid roofs
for collecting and loading solid waste and recyclable materials in compliance with this section to the greatest extent
possible as determined by the Director.
C. Multi-Unit Projects. Multi-unit residential projects with five or more dwelling units shall provide enclosed refuse and
recyclable material storage areas with solid roofs in compliance with the requirements provided in Table 3-4.
TABLE 3-4
MULTI-UNIT DEVELOPMENT
MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.)
Number of Dwelling Units Refuse Recycling Total Area
5—6 16 16 32
7—15 24 24 48
16—25 48 48 96
26—50 96 96 192
51—75 144 144 288
76—100 192 192 384
101—125 240 240 480
126—150 288 288 576
151—175 316 316 672
176—200 384 384 768
201+Every additional 25 dwellings shall require an
additional 100 sq. ft. for solid waste and 100 sq. ft. for
recyclables.
D. Nonresidential Projects. Nonresidential projects within all zoning districts shall provide enclosed refuse and recyclable
material storage areas in compliance with the minimum storage area requirements provided in Table 3-5. These requirements
apply to each individual structure. Food service uses may require additional enclosed storage areas as determined by the review
authority.
TABLE 3-5
9/15/22, 2:25 PM Chapter 20.30 PROPERTY DEVELOPMENT STANDARDS
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NONRESIDENTIAL STRUCTURES
MINIMUM STORAGE AREAS REQUIRED (SQ. FT)
Structure Floor Area (Sq. Ft.)Refuse Recycling Total Area
0—5,000 16 16 32
5,001—10,000 24 24 48
10,001—25,000 48 48 96
25,001—50,000 96 96 192
50,001—75,000 144 144 288
75,001—100,000 192 192 384
100,001+Every additional 25,000 sq. ft. shall require an additional 48
sq. ft. for solid waste and 48 sq. ft. for recyclables.
E. Development Standards for Nonresidential and Multi-Unit Projects. Solid waste storage area(s) shall:
1. Comply with the dimension, capacity, and number requirements in this subsection and shall be adequate in distribution
to serve the development project;
2. Include an adequate number of bins and containers located within the enclosed storage areas to allow for the
collection and loading of solid waste and recyclable materials generated by the development project;
3. Include a sign that is permanently posted or painted on each container clearly identifying the container type and the
name and telephone number of the company responsible for maintaining the containers;
4. Be appropriately located, enclosed, have a solid roof, and be screened from public rights-of-way and/or public property
as seen from a point six feet above ground level. Screening shall consist of solid masonry walls, metal gates, and
landscaping;
5. Be compatible with the surrounding structures and land uses;
6. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for
disposal of materials;
7. Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the
individual bins or containers;
8. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that
might render the collected materials unmarketable; and
9. Comply with National Pollutant Discharge Elimination System (NPDES) and Regional Water Quality Control Board
(RWQCB) requirements.
F. Location Standards for Nonresidential and Multi-Unit Projects. Refuse and recyclable materials storage areas shall be
located in the following manner:
1. Locations where recyclable materials are deposited, collected, and loaded shall be as convenient as the locations
where solid waste materials are deposited, collected, and loaded. Wherever feasible, recycling areas shall be located
adjacent to or combined with solid waste collection areas.
9/15/22, 2:25 PM Chapter 20.30 PROPERTY DEVELOPMENT STANDARDS
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2. Storage areas shall only be located:
a. Inside a specially designated structure; and
b. Outside required setback areas, parking spaces, and required landscaped areas.
3. Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-unit residential
developments shall be located within two hundred fifty (250) feet of an access doorway to the dwellings that they are
intended to serve.
4. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the
minimum clearance required by the collection methods and vehicles utilized by the designated collector.
5. Storage areas shall not be closer than twenty (20) feet from doors or operable windows of adjacent structures and
property located in a residential zoning district.
G. Development and Location Standards for Residential Uses with One to Four Units.
1. Trash container storage areas shall be located out of view from public places and shall not be located in required
parking areas.
2. If trash container storage areas cannot be located out of public view they shall be screened from public view.
Screening shall consist of fences, walls, and landscaping to a height at least six inches above the tops of the containers.
(Ord. 2019-15 § 10, 2019; Ord. 2010-21 § 1 (Exh. A)(part), 2010)