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